ILLINOIS POLLUTION CONTROL BOARD
    January 11, 1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    )
    v.
    PC13 94—220
    (Enforcement)
    CITY OF GILLESPIE, MACOUPIN
    )
    COUNTY; JOHN CRAWFORD, d/b/a
    )
    KNOSTMAN CRAWFORD ASSOCIATES;
    )
    AND
    H & H MECHANICAL AND
    )
    ELECTRICAL CONTRACTORS, INC.,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter comes before the Board upon a seven—count
    complaint filed August 12, 1994, by Roland W. Burns, Attorney
    General of the State of Illinois, on behalf of the Illinois
    Environmental Protection Agency, and the People of the State of
    Illinois, against the City of Gillespie, John Crawford, d/b/a
    Knostman Crawford Associates; and H & H Mechanical and Electrical
    Contractors, Incorporated)
    The complaint alleges that the Respondents have violated
    NPDES Permit No. 1L0022497, Agency Permit No. 1988-SC—2322,
    Section 12(a), (b), and (f) of the Environmental Protection Act
    (Act), (415 ILCS 5\12(a), (b), and (f))(1992)) and 35 Ill. Adm.
    Code 309.102(a), 302.203, 302.212 (e) and 304.106 by the
    unpermitted cutting of the berm, failing to notify or report to
    the Agency the incident, by causing or allowing the discharge of
    effluent of color above obvious levels, causing or allowing the
    discharge of the treatment plant’s receiving stream to become
    discolored and odorous, and by causing or allowing effluent from
    cells #3 and #4 to enter Bear Creek.
    On December 8, 1994, the parties filed a stipulation and
    proposal for settlement as to the City of Gillespie only,
    accompanied by a request for relief from the requirements of
    Section 31(a) (1) of the Act that proposed stipulated settlements
    ‘
    On December 1, 1994, the Board adopted an opinion and
    order accepting a settlement agreement between the complainant
    and H & H Mechanical.
    2
    be presented at public hearing. (415 ILCS 5/31(a) (1) (1992).)
    The Board published a notice of the waiver on December 14, 1994;
    no objection to granting of the waiver was received. Waiver of
    hearing is hereby granted as to the City of Gillespie only.
    The parties filed a stipulation and settlement agreement on
    December 8, 1994. The stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. The City of Gillespie admits the alleged violations
    and agrees to pay a civil penalty of one thousand dollars
    ($1,000.00).
    The Board finds the settlement agreement acceptable under 35
    Ill. Adm. Code 103.180. This settlement agreement in no way
    affects respondent’s responsibility to comply with any federal,
    state or local regulations, including but not limited to the Act
    and the Board’s pollution control regulations.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter, as to the City of Gillespie
    only.
    ORDER
    1) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and the City of Gillespie, concerning the City
    of Gillespie’s sewage treatment facility located in
    Macoupin County, Illinois. The Stipulation and
    Settlement Agreement are incorporated by reference as
    though fully set forth herein.
    2) The City of Gillespie, shall pay the sum of one
    thousand dollars ($1,000.00) within thirty days of the
    date of this Order. Such payment shall be made by
    certified check or money order payable to the Treasurer
    of the State of Illinois, designated to the
    Environmental Protection Trust Fund, and shall be sent
    by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    The certified check or money order shall clearly
    indicate on its face, the City of Gillespie’s Federal
    Employer Identification Number or Social Security
    Number and that payment is directed to the
    3
    Environmental Protection Trust Fund
    Any such penalty not paid within the time prescribed
    shall incur interest at the rate set forth in
    subsection (a) of Section 1003 of the Illinois Income
    Tax Act, (35 ILCS 5/1003), as now or hereafter amended,
    from the date payment is due until the date payment is
    received. Interest shall not accrue during the
    pendency of an appeal during which payment of the
    penalty has been stayed.
    3) The City of Gillespieshall cease and desist from the
    alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    days of the date of service of this order. (See also 35 Ill.
    Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi~ that the abo’c4e~opinion and order was
    adopted on1the~
    //~
    day of
    __________________,
    1995, by a
    vote of
    ~‘ ~
    .
    ~
    Dorothy M.~unn, Clerk
    Illinois ~bllution Control Board

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