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working days prior to commencing such activities; (4) failing to properly remove all regulated

ACM (RACM) from the Buck’s Building before commencing planned renovation activities,

which broke up, dislodged, and similarly disturbed the RACM; (5) failing to adequately wet all

RACM and prevent damage or disturbance to the RACM during cutting or disjoining operations

at the Buck’s Building; (6) failing to adequately wet and maintain wet all RACM and regulated

asbestos-containing waste material at the Buck’s Building until collected and contained in

preparation for disposal at a site permitted to accept such waste; (7) failing to have at least one

representative at the Buck’s Building trained in the provisions of the NESHAP for asbestos and

the means of complying with them; (8) failing to adequately wet and keep wet, containerize, and

label all asbestos-containing waste material at the Buck’s Building, thereby causing or allowing

the discharge of visible emissions to the outside air; and (9) failing to transport to a waste

disposal site, or Agency-approved site that converts RACM and asbestos-containing waste

material into nonasbestos material, and deposit as soon as practical all asbestos-containing waste

material generated during asbestos removal activities at the Buck’s Building.

On July 20, 2009, the People and respondents 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). The Board provided notice of the stipulation,

proposed settlement, and request for relief. The newspaper notice was published in

The State

Journal Register

on August 10, 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) (2008); 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 respondents’ 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) (2008)), which bears on the

reasonableness of the circumstances surrounding the alleged violations. Respondents do not

affirmatively admit the alleged violations. The stipulation also addresses the factors of Section

42(h) of the Act (415 ILCS 5/42(h) (2008)), which may mitigate or aggravate the civil penalty

amount. Respondents agree to pay a civil penalty of $70,000. The People and respondents 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

1.

The Board accepts and incorporates by reference the stipulation and proposed

settlement.

2.

Respondents must pay a civil penalty of $70,000 as follows:

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a.

$30,000 by October 19, 2009, which is the first business day following the

30th day after the date of this order;

b.

$20,000 by December 16, 2009, which is the 90th day after the date of this

order; and

c.

$20,000 by January 15, 2010, which is the 120th day after the date of this

order.

3.

Respondents must pay the civil penalty by certified checks or money orders

payable to the Illinois Environmental Protection Agency for deposit into the

Environmental Protection Trust Fund. The case name, case number, and

respondents’ federal tax identification number must appear on the face of each

certified check or money order.

4.

King must submit payments 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

King must send a copy of each certified check or money order and any transmittal

letter to:

Environmental Bureau

Illinois Attorney General’s Office

500 South Second Street

Springfield, Illinois 62706

5.

Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2008)) at the rate

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

(2008)).

6.

Respondents must cease and desist from future violations of the Environmental

Protection Act, Board regulations, and the NESHAP for asbestos that were the

subject matter of the complaint.

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) (2008);

see also

35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.

Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois

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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;

see also

35 Ill. Adm. Code 101.902, 102.700, 102.702.

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

Board adopted the above opinion and order on September 17, 2009, by a vote of 5-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board