ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    I
    V.
    )
    PCB 94—264
    (Enforcement)
    FIRST BAPTIST CHURCH Of
    )
    MARSEILLES, an Illinois
    )
    not—for—profit corporation,
    )
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD:
    This matter comes before the Board upon a three—count
    complaint filed September 26, 1994, by Roland W. Burns, Attorney
    General of the State of Illinois, on behalf of the Illinois
    Environmental Protection Agency and the People of the State of
    Illinois, against First Baptist Church of Marseilles, an Illinois
    not-for-profit corporation, located at 555 Bluff Street,
    Marseilles, LaSalle County, Illinois. The complaint alleges that
    First Baptist Church of Marseilles has violated Sections 9(a) and
    9.1(d) (1) of the Illinois Environmental Protection Act (Act), 415
    ILCS 5/9(a), 5/9.1(d) and 40 C.F.R. §61.145(b), 61.145(c) (1) and
    61.150(b) for failure to provide notification of asbestos
    demolition activity, violating asbestos emission control
    procedures and improper disposal of asbestos containing material
    at its facility known as the old McKinley School located in
    Marseilles, LaSalle County, Illinois.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    September 26, 1994. The Board published a Notice of the waiver
    on October 20, 1994; no objection to grant of the waiver was
    received. Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement
    on September 26, 1994. The Stipulation sets forth facts relating
    to the nature, operations and circumstances surrounding the
    claimed violations. First Baptist Church of Marseilles neither
    admits nor denies the alleged violations.
    The Board finds the settlement agreement acceptable under 35
    Ill. Adin. Code 103.180. This settlement agreement in no way
    affects respondent’s responsibility to comply with any federal,
    state or local regulations, including but not limited to the Act
    2
    and the Board’s pollution control regulations.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and First Baptist Church of Marseilles,
    concerning its facility known as the old McKinley
    School located in Marseilles, LaSalle County, Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2) First Baptist Church of Marseilles, shall pave or oil
    and chip the parking area within 90 days of the date of
    this Order. During the paving of the parking area,
    Respondent shall take measures to prevent subsequent
    settling of the pavement. In addition, Respondent shall
    monitor and maintain the parking area for three years
    to prevent settling. Respondent shall take whatever
    remedial action is necessary to abate any settling
    problems that appear during the three year period. The
    Respondent shall also provide written certification to
    the Agency that the paving of oil and chips has been
    completed within ten (10) days of completion.
    3) The Respondent shall file a notice in recordable form
    within thirty (30) days with the LaSalle County
    Recorder of Deeds, such that for the property upon
    which the waste in question has been deposited, notice
    of such burial and remediation shall be provided for in
    a title search of the property. Such notice shall be
    approved by the Agency and the Illinois Attorney
    General’s Office prior to filing. For the purposes of
    this Section, notices and plans should be forwarded to:
    Karen Barancik
    Assistant Counsel
    Illinois Environmental Protection Agency
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    4) For the purpose of settlement and without admitting any
    violation thereof, the Respondent does not contest the
    violations alleged in the complaint.
    5) Respondent is not hereby released from any future
    groundwater and surface contamination due to on—site
    3
    burial of the asbestos and the State reserves the right
    to bring an enforcement action for any future ground or
    surface water contamination.
    6) The respondent shall ensure that any and all applicable
    provisions of the Responsible Property Transfer Act,
    Ill. Rev. Stat. 1991, ch. 30, par. 901, ~
    ~
    are
    complied with in the event of transfer of the property
    in question.
    7) First Baptist Church of Marseilles shall cease and
    desist from the alleged violations.
    IT IS SO ORDERED.
    Board Member
    3.
    Theodore Meyer concurred.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    days of the date of service of this order. (See also 35 Ill.
    Adm. Code 101.246, Motion 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 /~4~
    day of
    ___________________,
    1994, by a
    vote of
    _________.
    7/,
    I
    1/
    ~
    ~
    Dorothy My’/Gunn, Clerk
    Illinois ~llution Control Board

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