ILLINOIS POLLUTION CONTROL BOARD
    November 3, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 94—248
    )
    (Enforcement)
    COMERICA
    BANX,
    an Illinois chartered bank,
    )
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a two—count
    complaint filed September 9, 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 Comenica Bank, an Illinois chartered bank. The
    complaint alleges that Comerica Bank has violated Section
    9.1(d) (1) of the Illinois Environmental Protection Act (Act), 415
    ILCS 5/9.1(d) and 40 C.F.R. §61.145(b) and
    (C)
    (1991) for
    improper notification of asbestos renovation activity and
    violation of asbestos emission procedures at its facility located
    at 1941 South Cicero Avenue, Cicero, Cook 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 9, 1994. The Board published a Notice of the waiver on
    October 7, 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 9, 1994. The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations. Comerica Bank denies the alleged violations and
    agrees to pay a civil penalty of fifteen thousand dollars
    ($15,000.00).
    The Board finds the settlement agreement acceptable under 35
    Ill. Adm. 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
    and the Board’s pollution control regulations.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    2
    ORDER
    1) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Comerica Bank, concerning its facility
    located at 1941 South Cicero Avenue, Cicero, Cook
    County, Illinois. The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2) Comenica Bank, shall pay the sum of fifteen thousand
    dollars ($15,000.00) 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, the Comenica Bank’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) Comerica Bank shall cease and desist from the alleged
    violations.
    IT IS SO ORDERED.
    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.)
    J. Theodore Meyer Concurred.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cer~i.fy,;thatthe a~bpve opinion and order was
    adopted on the J&7~~day of
    _________________,
    1994, by a
    vote of
    ~‘
    •
    ;~
    Dorothy
    /-~
    N.
    ~
    Gun~,
    A
    Clerk
    ~
    Illinois Pol1~tion Control Board

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