ILLINOIS POLLUTION CONTROL BOARD
    November 3, 2005
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    JAMES ZELLER, THOMAS ZELLER, and
    MATTHEW SHORT,
     
    Respondents.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 05-99
    (Enforcement – Air)
     
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    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.
    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
    ilding 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). Under the
    proposed stipulation, the respondents admit the violations alleged in the complaint, and agree to
    pay a civil penalty of $7,500.
     
    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) (2004); 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.
     
    2
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 3, 2005, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top