ILLINOIS POLLUTION CONTROL BOARD
    February 19, 2009
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    QUAD-COUNTY READY MIX
    CORPORATION, an Illinois corporation,
    Respondent.
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    PCB 06-181
    (Enforcement – Air, Land, Water)
    ORDER OF THE BOARD (by G.L. Blankenship):
    On June 2, 2006, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a seven-count complaint against Quad-County Ready Mix Corporation.
    The complaint concerns Quad County Read Mix Corporation’s concrete ready mix plant at 3000
    Old Fullerton, Swansea, St. Clair County. The parties now seek to settle without a hearing. For
    the reasons below, the Board directs the Clerk to provide public notice of the parties’ stipulation,
    proposed settlement, and request for relief from the hearing requirement.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2006); 35 Ill. Adm.
    Code 103. In this case, the People allege that Quad-County Ready Mix Corporation violated
    Sections 9(a) and (c); 9.1(d); 9.13(b); 12(a) (d), and (f); and 21(a), (e), and (p) of the Act (415
    ILCS 5/9(a) and (c); 9.1(d); 9.13(b); 12(a) (d), and (f); and 21(a), (e), and (p) (2004)); 35 Ill.
    Adm. Code 201.141; and federal regulations on National Emission Standards for Hazardous Air
    Pollutants (NESHAP) for asbestos 40 C.F.R. §61.145(a), (b), and (c) and 61.150
    1
    On February 11, 2009, the People and Quad-County Ready Mix Corporation filed a
    stipulation and proposed settlement, accompanied by a request for relief from the hearing
    . The People
    allege that Quad-County Ready Mix Corporation violated these provisions by (1) violating
    asbestos-handling notification and fee payment requirements; (2) failing to follow applicable
    asbestos emission control procedures; (3) improperly disposing or regulated asbestos-containing
    materials; (4) causing or tending to cause air pollution; (5) open dumping of tires; (6) open
    burning; (7) causing, threatening, or allowing water pollution; and (8) causing, threatening, or
    allowing the discharge of a contaminant into the waters of the State without a National Pollutant
    Discharge Elimination System permit.
    1
    Section 9.1(d)(1) of the Act prohibits persons from violating any provisions of Section 111,
    112, 165 or 173 of the federal Clean Air Act (CAA) or federal regulations adopted thereunder.
    415 ILCS 5/9.1(d)(1)
    (2006). Under Section 112 of the CAA (42 U.S.C. §7412), the United
    States Environmental Protection Agency adopted NESHAP regulations for
    asbestos.
    2
    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).
    Under the proposed stipulation, Quad-County Ready Mix Corporation neither admits nor denies
    the alleged violations and agrees to pay a civil penalty of $30,000.00.
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing.
    See
    415 ILCS 5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk to provide the required notice.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 19, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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