ILLINOIS POLLUTION CONTROL BOARD
    November 2, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CHAMPION ENVIRONMENTAL
    SERVICES, a Wisconsin corporation,
    Respondent.
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    PCB 97-135
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
    On February 11, 1997, the People of the State of Illinois (People) filed a two-count
    complaint against respondent Champion Environmental Services (Champion), an asbestos
    abatement contractor. On February 8, 2000, the People filed a five-count amended complaint
    against Champion. The amended complaint alleges Champion caused air pollution, failed to
    provide timely notice prior to demolition or renovation, failed to provide complete notice of
    demolition or renovation, failed to follow proper emission control procedures, and failed to
    properly dispose of waste at ten facilities within Illinois, in violation of Sections 9(a) and 9.1(d)
    of the Environmental Protection Act (Act) (415 ILCS 5/9(a), 9.1(d) (1998)), the Board’s air
    regulations at 35 Ill. Adm. Code 201.141, and the asbestos National Emission Standards for
    Hazardous Air Pollutants at 40 C.F.R § 61.150(a)(iv) and 61.145(b)(1), (b)(3), (b)(4), (c)(6).
    On September 8, 2000, the parties filed a joint stipulation and proposal for settlement,
    accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
    the Act (415 ILCS 5/31(c)(1) (1998)). Pursuant to Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (1998)), the Board caused publication of the required newspaper notice of the
    stipulation and proposal for settlement and request for relief from the hearing requirement. The
    notice appeared in
    The Daily Times
    on September 25, 2000,
    The Elmhurst Press
    on September
    27, 2000,
    The Arlington Heights Post
    on September 28, 2000,
    The News-Gazette
    on September
    24, 2000,
    The Peoria Journal Star
    on September 21, 2000,
    The Chicago Sun Times
    on
    September 27, 2000, and
    The Times-Republic
    on September 25, 2000. The Board did not receive
    any requests for hearing. Accordingly, the Board grants a waiver from the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. In the proposed
    stipulation Champion denies the allegations contained in counts I, IV, and V, concerning air
    pollution, improper emission control, and improper disposal. Champion admits the notification
    violations contained in counts II and III, but asserts that a miscommunication with the Illinois
    Environmental Protection Agency contributed to those violations. Champion agrees to pay a
    civil penalty of $25,000.
    2
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. Champion must continue to comply with any federal, State, or local regulations
    including, but not limited to, the Act and the Board’s 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 and Champion. The stipulation and settlement agreement is
    incorporated by reference as though fully set forth herein.
    2.
    Champion must pay the sum of $25,000. Payments shall begin within 30 days of
    the date of this order, that is, on or before December 2, 2000. Such payment must
    be made by certified check or money order payable to the Illinois Environmental
    Protection Agency, designated to the Environmental Protection Trust Fund. The
    case number, case name, and the Champion’s federal employer identification
    number must also be included on the certified check or money order and must
    clearly indicate that payment is directed to the Environmental Protection Trust
    Fund.
    3.
    The check or money order must be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62702
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Kelly Cartwright
    Assistant Attorney General
    Environmental Bureau
    Illinois Attorney General’s Office
    188 W. Randolph St., 20th Floor
    Chicago, Illinois 60601
    4.
    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 (1998)), 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.
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    5.
    Respondent shall cease and desist future alleged violations of any federal, State,
    or local statutes and regulations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill.
    2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions 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 2nd day of November 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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