ILLINOIS POLLUTION CONTROL BOARD
    January 11, 1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 94—378
    (Enforcement)
    BRAND ASBESTOS CONTROL CO., INC.,
    )
    n/k/a BRAND SERVICES, INC.,
    )
    a Delaware corporation,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a two—count
    complaint filed December 12, 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 Brand Asbestos Control Co., n/k/a Brand
    Services, Inc. (Brand), located at Five Westbrook Corporate
    Center, Suite 800, Westchester, Cook County, Illinois. The com-
    plaint alleges that Brand 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), 40 C.F.R. S61.145(c)(6)(i) and 35 Ill.
    Adm. Code 201.141 for causing the discharge or emission of
    contaminants and improper wetting procedures and improper sealing
    at the Northern Illinois University Health Center located in
    DeKalb 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
    December 12, 1994. The Board published a Notice of the waiver on
    December 15, 1994; no objection to granting of the waiver was
    received. Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement
    on December 12, 1994. The Stipulation sets forth facts relating
    to the nature, operations and circumstances surrounding the
    claimed violations. Brand neither admits nor denies the alleged
    violations and agrees to pay a civil penalty of twenty-five
    thousand dollars ($25,000.00).
    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.
    2
    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 Brand, concerning the Northern Illinois
    University Health Center located in DeKalb County,
    Illinois. The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2) Brand, shall pay the sum of twenty-five thousand
    dollars ($25,000.00) 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, Brand’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) Brand 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.)
    3
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certi~ythat the a e opinion and order was
    adopted on the
    //~-‘- day of
    __________________,
    1995, by a
    vote of
    —
    C
    •
    Dorothy N. ,4iinn, Clerk
    /i~~
    Illinois P~Llution Control Board

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