ILLINOIS POLLUTION CONTROL BOARD

ORDER
IT IS SO ORDERED.

March 19, 2009

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

MICK MORFEY, individually,

Respondent.

)

PCB 07-144

(Enforcement - Air)

OPINION AND ORDER OF THE BOARD (by S.D. Lin):

On June 15, 2007, the Office of the Attorney General, on behalf of the People of the State

of Illinois (People), filed a complaint against Mick Morfey (Morfey) and William Knauer

(Knauer). The five-count complaint concerned asbestos removal, handling, and disposal during

renovation activities in January 2006 at barracks buildings 266 and 267 situated within the

former Savanna Army Depot, Savanna, Carroll County. The People and the sole remaining

respondent, Mick Morfey, now seek to settle without a hearing.

Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), 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 (2006); 35 Ill. Adm. Code 103.

In this case, the People allege that respondent Morfey violated various provisions of the Act, the

National Emissions Standards for asbestos adopted by the United States Environmental

Protection Agency (USEPA)

For the reasons below, the

Board accepts the parties’ stipulation and proposed settlement.

As to respondent Knauer, as of March 31, 2008, the Board granted the People’s motions to

deem facts admitted and for summary judgment. The Board found that Knauer committed the

alleged violations and assessed a civil penalty of $100,000.00. People v. Mick Morfey and

William Knauer, PCB 07-144 (March 31, 2008)

While the Board generally does not have jurisdiction over USEPA rules, Section 9(b) of the

Act provides that federal NESHAPs “are applicable to the state and enforceable under the Act.”

415 ILCS 5/9(b) (2006). Pursuant to Section 112(b)(1) of the Clean Air Act, 42 U.S.C.

7412(b)(1) (2007), the Administrator of the U.S. Environmental Protection Agency lists asbestos

as a hazardous air pollutant. Asbestos is a known human carcinogen for which there is no known

safe level of exposure. Comp. para. 18-19.

, and a Board rule. The People further allege that respondent

violated Sections 9(a), 9.1(d), 9.13(a), and 9(c) of the Act, 415 ILCS 5/9(a), 9.1(d), 9.13(a), and

9(c) (2006). Complainant also alleged that respondent Morfey violated Sections 61.145(a) and

(b), 61.145(c)(i), (c)(2), (c)(6), and (c)(8) of the National Emissions Standards for Hazardous Air

Pollutants (NESHAPs), for asbestos, 40 C.F.R. 61.145(a) and (b), 61.145(c)(i), (c)(2), (c)(6), and

(c)(8) by failure to provide timely advance notification of renovation; failure to properly wet,

collect, and deposit renovation; failure to properly wet, collect, and deposit “asbestos-containing

material” (RACM); improper disposal of RACM; failure to pay asbestos fee; open burning of

refuse; and, by threatening the emission of contaminants so as to tend to cause air pollution.

On February 11, 2009, the People and respondent Morfey filed a stipulation and proposal

for 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) (2006)). This filing is authorized by Section 31(c)(2)

of the Act (415 ILCS 5/31(c)(2) (2006)), 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, proposal for settlement, and request for relief. The newspaper notice was published

in the

Savanna-Times Journal

on February 19, 2009. 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) (2006); 35 Ill. Adm. Code 103.300(b).

Section 103.302 of the Board’s procedural rules sets forth the required contents of

stipulations and proposed settlements.

See

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 respondent Morfey’s 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) (2006)), which bears on the

reasonableness of the circumstances surrounding the alleged violations. Respondent Morfey

admits to the alleged violations in this matter. The stipulation also addresses the factors of

Section 42(h) of the Act (415 ILCS 5/42(h) (2006)), which may mitigate or aggravate the civil

penalty amount. Respondent Morfey agrees to pay a civil penalty of $1,000.00. The People and

respondent Morfrey have satisfied Section 103.302. The Board accepts the stipulation and

proposed settlement.

This opinion constitutes the Board’s findings of fact and conclusions of law.

ORDER

The Board accepts and incorporates by reference the stipulation and proposal for

settlement.

Respondent Morfrey must pay a civil penalty of $1,000.00 no later than April 20,

2009, which is the first business day following the 30th day after the date of this

order. Mick Morfey must pay the civil penalty by certified check or money order

payable to the Illinois Environmental Protection Trust Fund. The case name, case

number, and respondent Morfrey’s Social Security Number must appear on the

face of the certified check or money order.

Respondent Morfey must submit payment of the civil penalty to:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Respondent Morfrey must send a copy of the certified check or money order and

any transmittal letter to:

Stephen J. Sylvester

Environmental Bureau

Illinois Attorney General’s Office

69 W. Washington St., Ste. 1800

Chicago, IL 60602

Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate

set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)

(2006)).

Respondent Morfey 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) (2006);

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;

I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the

Board adopted the above opinion and order on March 19, 2009, by a vote of 5-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board