ILLINOIS POLLUTION CONTROL BOARD
    December 4, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    GERALD HEWING d/b/a HEWING
    TECHNICAL SERVICES,
     
    Respondent.
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    PCB 03-233
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On June 18, 2003, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Gerald Hewing d/b/a Hewing Technical Services
    (Hewing).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that
    Hewing violated Sections 9(a) 12(a), and (f) of the Environmental Protection Act (Act) 415
    ILCS 5/9 and 12 (2002) and 35 Ill. Adm. Code 302.203 and 304.106. The People further allege
    that Hewing violated these provisions by allowing septic tank discharge to the waters of the State
    and by causing or allowing open burning. The complaint concerns Hewing’s auto repair facility
    in Sigel, Shelby County.
     
    On November 24, 2003, the People and Hewing filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Act (415 ILCS 5/31(c)(1) (2002)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, Hewing admits the alleged violations and agrees to pay a civil penalty of $2,000.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 4, 2003.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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