ILLINOIS POLLUTION CONTROL BOARD
May 16, 1996
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CLASSIC MOLD COMPANY, INC., an
Illinois corporation, and LARRY
CALDRONE,
Respondents.
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PCB 96-211
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD:
This matter comes before the Board on a one-count complaint filed April 4, 1996, by
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 Classic Mold Company (Classic Mold),
Inc., an Illinois corporation and Larry Caldrone (Caldrone), located at 3800 Wesley Terrace,
Schiller Park, Cook County, Illinois. The complaint alleges that Classic Mold and Caldrone
have violated Sections 9(a) and 9.1(d) of the Illinois Environmental Protection Act (Act), (415
ILCS 5/9(a), 5/9.1(d) (1994)) and 35 Ill. Adm. Code 201.141 by causing or allowing the
discharge or emission of asbestos into the environment, failing to provide proper notification
prior to asbestos demolition, violation of asbestos control procedures, and the improper
disposal of asbestos-containing materials.
Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
the Act's hearing requirement on April 4,1996. The Board published a notice of the waiver on
April 10, 1996; no objection to the granting of the waiver was received. Waiver of hearing is
hereby granted.
The parties filed a Stipulation and Settlement Agreement on April 4,1996. The
Stipulation sets forth facts relating to the nature, operations, and circumstances surrounding the
claimed violations. Classic Mold and Caldrone admit the alleged violations and agree to pay a
civil penalty of ten thousand dollars ($10,000.00).
The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
This settlement agreement in no way affects respondents’ 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.
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ORDER
1)
The Board hereby accepts the Stipulation and Settlement Agreement executed by
the People of the State of Illinois, Classic Mold and Caldrone. The Stipulation
and Settlement Agreement are incorporated by reference as though fully set
forth herein.
2)
Classic Mold and Caldrone shall pay the sum of ten thousand dollars
($10,000.00) within 30 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 Classic
Mold and Caldrone’s 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)
Classic Mold and Caldrone shall cease and desist from the alleged violations.
IT IS SO ORDERED.
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Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
the appeal of final Board orders within 35 days of the date of service of this order. The Rules
of the Supreme Court of Illinois establish filing requirements. (See also 35 Ill. Adm.Code
101.246 "Motions for Reconsideration.")
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the _____ day of ___________, 1996, by a vote
of ______________.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board