ILLINOIS POLLUTION CONTROL BOARD

February 16, 1995

PEOPLE OF THE STATE

)

OF ILLINOIS,

)

Complainant,

PCB

 94—220

(Enforcement-Water)

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, the 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

Section 12(a),

 (b),

 (d) and

(f)

 of the Environmental Protection

Act

 (Act),

 (415 ILCS

 5\12(a),

 (b),

(d)

 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 berms, 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 January 11,

 1995, the parties filed a stipulation and

proposal for settlement as to the 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 Act that

On December 1,

 1994,

 the Board adopted an opinion and

order accepting a settlement agreement between the complainant

and H & H Mechanical.

 Subsequently, on January 11,

 1995, the

Board adopted an opinion and order accepting a settlement

agreement between the complainant and the City of Gillespie.

2

proposed stipulated settlements be presented at public hearing.

(415 ILCS 5/31(a) (1)

 (1992).) The Board published a notice of the

waiver on January 18,

 1995; no objection to granting of the

waiver was received.

 Waiver of hearing is hereby granted as to

John Crawford,

 d/b/a Knostiuan Crawford Associates only.

The parties filed a stipulation and settlement agreement on

 January 11,

 1995.

 The stipulation sets forth facts relating to

the nature, operations and circumstances surrounding the claimed

violations.

 John Crawford, d/b/a Knostman Crawford Associates

admits the alleged violations and agrees to pay a civil penalty

of twenty—five thousand dollars

 ($25,000.00).

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 John Crawford, d/b/a

Knostiuan Crawford Associates only.

ORDER

1)

 The Board hereby accepts the Stipulation and Settlement

Agreement executed by the People of the State of

Illinois and John Crawford, d/b/a Knostman Crawford

Associates, 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)

 John Crawford, d/b/a Knostman Crawford Associates,

shall pay the sum of twenty-five thousand dollars

($25,000.00).

 The Penalty shall be paid according to

the following schedule:

A.

 Initial Payment of thirteen thousand dollars

 (13,000.00) within six

 (6) months of the Board’s

final order approving this stipulation and

proposal for settlement.

B.

Six

 (6) payments of two thousand dollars

(2,000.00)

 every two

(2)

 months, the first of

which is due within eight

 (8) months of the

Board’s final order approving this stipulation and

proposal for settlement.

3

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

A copy of the payment transmittal and check shall be submitted to

the following address:

Environmental Control Division

Illinois Attorney General’s Office

500 South Second Street

Springfield, IL 62794—9276

The certified check or money order shall clearly

indicate on its face, John Crawford’s dfb/a Knostman

Crawford Associates Federal Employer Identification

Number or Social Security Number and that payment

is

directed to the 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)

 John Crawford, d/b/a Knostman Crawford Associates shall

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.)

4

I, Dorothy N. Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify that the abov~_ppinionand order was

adopted on the

~

 day of

_________________,

 1995,

 by a

vote of

7—~

17\~I

~j~7Y~

Dorothy N. ,~nn,Clerk

Illinois P~lutionControl Board