ILLINOIS POLLUTION CONTROL BOARD
July 23, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
RICHARD KING, KAY KING and ISAAC
KING
.
Respondents.
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PCB 09-27
(Enforcement - Air)
ORDER OF THE BOARD (by S.D. Lin)
On October 22, 2008, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a four-count complaint against Richard King, Kay King, and Isaac
King (respondents or Kings). The complaint concerns renovation in 2007 of a vacant three story
building owned by the respondents, and formerly known as the Buck’s Building, located at 527
East Washington Street, Springfield, Illinois (Buck’s Building). 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 (2008)),
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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 (2008); 35 Ill. Adm.
Code 103.
In this case, the People allege in Count I of the complaint that the Kings violated Section
9(a) of the Act, 415 ILCS 5/9(a) (2008) and the Board’s air pollution regulation at 35 Ill. Adm.
Code 201.141 by failing to adequately wet all regulated asbestos containing material (RACM)
removed during renovation activities, and to deposit all RACM at a site permitted to accept such
waste as soon as practicable, thereby causing or tending to cause air pollution in Illinois.
The People allege in Count II that the Kings violated 40 C.F.R. 61.145(a) and (b)
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1
All citations to the Act will be to the 2008 Illinois Compiled Statutes, since none of the
provisions at issue here have been substantively amended the 2006 compilation.
, and
therefore Section 9.1(d) of the Act, 415 ILCS 5/9.1(d) (2008), by failing to thoroughly inspect
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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)(42 USC 7401
et seq.
) or federal regulations
adopted thereunder by the United States Environmental Protection Agency (USEPA). 415 ILCS
5/9.1(d)(1) (2006). Under Section 112 of the CAA (42 U.S.C. §7412), the USEPA adopted
national emission standards for hazardous air pollutants (NESHAP) regulations for asbestos.
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the Buck’s Building for the presence and location of asbestos-containing material (ACM) prior
to commencing asbestos removal and failing to notify the Illinois EPA of scheduled asbestos
removal activities at the Buck’s Building, at least 10 working days prior to commencing such
activities at the facility.
In Count III, the People allege that the Kings violated 40 C.F.R. 61.145(c)(1), (2), (6),
and (8), and therefore Section 9.1(d) of the Act, 415 ILCS 5/9.1(d) (2008), by failing to properly
remove all RACM from the Buck’s Building before commencing planned renovation activities
(which broke up, dislodged and similarly disturbed the RACM), failing to adequately wet all
RACM and prevent damage or disturbance to the RACM during cutting or disjoining operations
at the Buck’s Building, failing to adequately wet, and maintain wet, all RACM and regulated
waste ACM at the Buck’s Building until collected and contained in preparation for disposal at a
site permitted to accept such waste, and failing to have at least one representative at the Buck’s
Building trained in the provisions of the national emission standards for hazardous air pollutants
(NESHAP) for asbestos and the means of complying with them.
The People allege in Count IV that the Kings violated 40 C.F.R. 61.150(a)(1)(iii), (iv)
and (v), 40 C.F.R. 61.150(b), and therefore Section 9.1(d) of the Act, 415 ILCS 5/9.1(d) (2008)
by failing to adequately wet and keep wet, containerize, and label all ACM removed from the
Buck’s Building, thereby causing or allowing the discharge of visible emissions to the outside
air, and failing to transport all waste ACM to a waste disposal site, or Illinois Environmental
Protection Agency-approved site that converts RACM and asbestos containing waste ACM into
non-asbestos material, and deposit as soon as practical all waste ACM generated during asbestos
removal activities at the Buck’s Building.
On July 20, 2009, the People and the Kings filed a stipulation and proposed 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) (2008)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
5/31(c)(2) (2008)), 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, the Kings neither
admit nor deny the alleged violations, but agree to pay a total civil penalty of $70,000 on an
agreed payment plan ($30,000 within 30 days of Board approval of the stipulation, $20,000
within 90 days, and the final $20,000 within 120 days).
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) (2008); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
the Clerk to provide the required notice.
IT IS SO ORDERED.
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I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on July 23, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
