ILLINOIS POLLUTION CONTROL BOARD
December 21, 2000
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CHESTER BROSS CONSTRUCTION
COMPANY, INC.,
Respondent.
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PCB 01-91
(Enforcement – Air)
ORDER OF THE BOARD (by C.A. Manning):
On December 8, 2000, the People of the State of Illinois (People) filed a four-count
complaint against respondent Chester Bross Construction Company, Inc. (Chester). The
complaint alleges Chester caused or allowed air pollution, open dumping, and open burning,
and violated conditions of its permit at various highway improvement sites in Adams County,
Illinois. These activities were in alleged violation of Sections 9(a)-(c), and 21(a)-(e) of the
Environmental Protection Act (Act) (415 ILCS 5/12(a)-(c), 21(a)-(e) (1998)) and the Board’s
air pollution regulations at 35 Ill. Adm. Code 201.141, 201.142, 201.143, and condition 3 of
its permit
In addition to the complaint, on December 8, 2000, the parties filed a stipulation and
proposal for settlement, accompanied by a motion requesting relief from the hearing
requirement of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (1998)). Chester proposes to
pay a $25,000 penalty.
Pursuant to Section 31(c)(2) of the Act, the complainant may file with the Board a
stipulation and proposal for settlement accompanied by a request for relief from the hearing
requirement. 415 ILCS 5/31(c)(2) (1998). Unless the Board determines that a hearing is
needed, the Board is required to publish notice of the stipulation and proposal for settlement
and request for relief from the hearing requirement.
Accordingly, the Board directs the Clerk of the Board to cause publication of the
required newspaper notice. Any person may file a written demand for hearing within 21 days
of the published notice. If a hearing is requested, the Board will deny the parties’ request for
relief and schedule a hearing.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 21st day of December 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board