ILLINOIS POLLUTION CONTROL BOARD
    June 15, 2006
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ACI ENVIRONMENTAL CORPORATION,
    an Illinois corporation, and ASBESTOS
    CONTROL, INC., an Illinois corporation,
     
    Respondents.
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    PCB 05-180
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On March 29, 2005, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count complaint against ACI Environmental Corporation
    and Asbestos Control, Inc. (respondents).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code
    103.204. The complaint concerns respondents’ removal of asbestos during the course of
    renovations at the boiler room of the Oak Meadows Golf Course, located at 900 Wood Dale
    Road, Addison, DuPage County.
     
    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 on behalf of the
    People to enforce Illinois’ environmental requirements.
    See
    415 ILCS 5/31 (2004); 35 Ill. Adm.
    Code 103. In this case, the People allege that respondents violated Sections 9(a) and 9.1(d) of
    the Act (415 ILCS 5/9(a) and 9.1(d) (2004)); 35 Ill. Adm. Code 201.141; and 40 C.F.R.
    §61.145(c)(3) and (c)(6). The People further allege that respondents violated these provisions by
    conducting asbestos removal in a way that (1) caused, threatened, or allowed air pollution; and
    (2) did not comply with applicable federal standards for control of emissions from removal of
    regulated asbestos-containing materials.
     
    On April 26, 2006, the People and 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)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2004)), which requires that the public have an opportunity to request a
    hearing whenever the State and a respondent propose settling an enforcement action without a
    public hearing.
    See
    35 Ill. Adm. Code 103.300(a). The Board provided notice of the stipulation,
    proposed settlement, and request for relief from hearing. The Board published newspaper notice
    in the
    Addison Press/Liberty Suburban Chicago Newspapers
    on May 11, 2006. 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).
     
    2
     
    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
    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)), which bears on the reasonableness of
    the circumstances surrounding the alleged violations.
     
    Respondents neither admit nor deny the alleged violations. The stipulation also addresses
    the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate or
    aggravate the civil penalty amount. Respondents agree to pay a civil penalty of $2,500, which
    the parties stipulate negates any economic benefit derived from delayed compliance. The People
    further assert will serve to deter further violations and aid in future voluntary compliance with
    the Act and Board regulations.
     
    The People and respondents have satisfied Section 103.302. The Board accepts the
    stipulation and proposed settlement. This docket is now closed.
     
    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. Respondents, through their attorney of record, must pay a civil penalty of $2,500
    no later than July 17, 2006, which is the first business day after the 30th day after
    the date of this order. Respondents must pay the civil penalty by certified check,
    money order, or electronic funds transfer, payable to the 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 or money order.
     
    3. Respondents, through their attorney of record, must send the certified check,
    money order, or electronic funds transfer to the following person at the indicated
    address:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4. Respondents, through their attorney of record, must send a copy of the certified
    check, money order, or record of electronic funds transfer and any transmittal
    letter to the following person at the indicated address:
     
    3
     
    Evan J. McGinley, Assistant Attorney General
    Environmental Bureau
    188 West Randolph Street, 20th Floor
    Chicago, Illinois 60601
     
    Christopher Pressnall, Assistant Counsel
    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    5. 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)).
     
    6. 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 June 15, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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