ILLINOIS POLLUTION CONTROL BOARD
January 5, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
JAMES ZELLER, THOMAS ZELLER, and
MATTHEW SHORT,
Respondents.
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PCB 05-99
(Enforcement – Air, Land)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On November 29, 2004, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a complaint against James Zeller, Thomas Zeller, and
Matthew Short (respondents).
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The
parties now seek to settle. For the reasons below, the Board accepts the parties’ stipulation and
proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (2004)), the
Attorney General and the State’s Attorneys may bring actions before the Board to enforce
Illinois’ environmental requirements on behalf of the People.
See
415 ILCS 5/31 (2004); 35 Ill.
Adm. Code 103. In this case, the People allege that the respondents violated Section 9.1(d) and
(d)(1) of the Act (415 ILCS 5/9.1(d) and (d)(1) (2004)) and 40 C.F.R. 61.145(b)(2) and (c)(1) by:
(1) violating the national emission standard for hazardous air pollutants for asbestos; and (2)
failing to adhere to required work practices during demolition of a building that contained
regulated asbestos-containing materials. The complaint concerns the respondents’ demolition of
a building at 408 South Court Street, in Marion, Williamson County.
On November 1, 2005, the People and all three respondents 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) (2004). These filings are authorized by Section
31(c)(2) of the Act. 415 ILCS 5/31(c)(2) (2004).
See
35 Ill. Adm. Code 103.300(a). The Board
provided notice of the stipulation, proposed settlement, and request for relief. The newspaper
notice was published in the
Marion Daily Republican
on November 22, 2005. The Board did not
receive any requests for hearing. The Board grants the parties’ request for relief from the
hearing requirement.
See
415 ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of the
respondents’ operations. Section 103.302 also requires that the parties stipulate to facts called
for by Section 33(c) of the Act (415 ILCS 5/33(c) (2004)). The People and the respondents have
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satisfied Section 103.302. Under the proposed stipulation, the respondents admit the violations
alleged in the complaint, and agree to pay a civil penalty of $7,500.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1. The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2. James Zeller, Thomas Zeller, and Matthew Short (respondents) must pay a civil
penalty of $7,500 no later than February 6, 2006, which is the first business day
after the 30th day after the date of this order. The respondents stipulate that
payment has been tendered to Randy Patchett, attorney of record for respondent
Matthew Short. The respondents must pay the civil penalty by certified check,
money order, or electronic funds payable to the Illinois Environmental Protection
Trust Fund. The case number, case name, and respondents’ social security
number or federal employer identification number must be included on the
certified check, money order, or transfer of electronic funds.
3. Respondents must send the certified check, money order, or electronic funds
transfer to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
A copy of the certified check, money order or record of electronic funds transfer
and any transmittal letter must be sent to:
Raymond G. Callery
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
And
Dennis Brown
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
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4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
5.
Respondents must cease and desist from the alleged violations.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2004);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on January 5, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
