ILLINOIS POLLUTION CONTROL BOARD

January 11, 1995

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

v.

)

PCB 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.

ORDER OF THE BOARD (by J. Theodore Meyer):

On August 12, 1994, the Illinois Attorney General, on behalf

of the People of the State of Illinois and the Illinois

Environmental Protection Agency, filed a formal complaint naming

the City of Gillespie, John Crawford, d/b/a Knostman Crawford

Associates; and H & H Mechanical and Electrical Contractors,

Incorporated., as respondents. On December 1, 1994, the Board

entered an opinion and order accepting the settlement agreement

as to H & H Mechanical and Electrical Contractors only. On

January 11, 1995, the Board entered an opinion and order

accepting the settlement agreement as to the City of Gillespie

only. On January 11, 1995, the parties filed a stipulation and

proposal for settlement as to John Crawford, d/b/a Knostman

Crawford Associates only, accompanied by a request for relief

from the requirements of Section 31(a)(1) of the Environmental

Protection Act (Act) that proposed stipulated settlements be

presented at public hearing. (415 ILCS 5/31(a)(l) (1992).)

Section 31(a) (2) of the Act provides that whenever a

complaint has been filed on behalf of the Agency or by the People

of the State of Illinois, the parties may file with the Board a

stipulation and proposal for settlement accompanied by a request

for relief from the requirement of a hearing. The Board is

required to cause notice of the stipulation, proposal and request

for relief to be published, unless the Board in its discretion,

concludes that a hearing is necessary. The notice is required to

include a statement that any person may file a written demand for

hearing within 21 days after receiving the notice. If any person

files a timely written demand for hearing, the Board shall deny

the request for relief from a hearing and hold a hearing.

The Board accordingly directs the Clerk to cause publication

of the required newspaper notice. The Board will reserve ruling

on the parties’ request until after the statutory 21 days has

passed.

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2

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby

that the above order was adopted on the

//~

day of

1995, by a vote of ~

Dorothy M/~/Gunn, Clerk

Illinois pollution Control Board