ILLINOIS POLLUTION CONTROL BOARD
    June 16, 2005
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    NORTH ROCKWELL, LLC, and Illinois
    limited liability corporation,
     
    Respondent.
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    PCB 05-63
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
     
    On October 4, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against North Rockwell, LLC (North Rockwell). The
    complaint concerns removal of thermal shield insulation (TSI) containing asbestos from North
    Rockwell’s former print shop facility at 2609 West Belmont, Chicago, Cook County. The Board
    accepted the complaint for hearing on October 7, 2004.
     
    In the complaint, the People allege that North Rockwell violated Sections 9(a) and
    9.1(d)(1) of the Environmental Protection Act (Act) (415 ILCS 5/9(a) and 9.1(d)(1) (2002)); 35
    Ill. Adm. Code 201.141; and 40 C.F.R. 61.145(b)(1) and (b)(3) and 61.150 (b)(1) by (1)
    removing TSI containing asbestos without wetting and containing it at the site; (2) failing to wet
    and maintain wet the regulated asbestos-containing material until collected and contained for
    disposal; (3) failing to submit a notice of intention to renovate within the required time; and (4)
    causing or allowing the generation of asbestos-containing waste material and failing to deposit
     
    On April 15, 2005, the People and North Rockwell 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) (2002). Under the Act (415 ILCS 5/1
    et seq
    . (2002)), 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 (2002); 35 Ill. Adm.
    Code 103. The April 15, 2005, stipulation and proposed settlement was accompanied by a
    request for relief from the hearing requirement of Section 31(c)(1) of the Act. 415 ILCS
    5/31(c)(1) (2002). These filings are authorized by Section 31(c)(2) of the Act. 415 ILCS
    5/31(c)(2) (2002).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, North
    Rockwell admits to the violations alleged in the complaint, and agrees to pay a civil penalty of
    $37,000.
     
    The Board provided notice of the stipulation, proposed settlement, and request for relief
    from hearing. The Board published newspaper notice in the
    Chicago Sun-Times
    on May 16,
    2005. The Board did not receive any requests for hearing. The Board grants the parties’ request
     
    2
    for relief from the hearing requirement.
    See
    415 ILCS 5/31(c)(2) (2002)
    ; 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. 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 the
    respondent’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) (2002)), which bears on the reasonableness of
    the circumstances surrounding the alleged violations.
     
    As previously stated, North Rockwell admits to the violations alleged in the complaint,
    and agrees to pay a civil penalty. The stipulation also addresses the factors of Section 42(h) of
    the Act (415 ILCS 5/42(h) (2002),
    as amended by
    P.A. 93-575, (eff. Jan. 1, 2004)) which may
    mitigate or aggravate the civil penalty amount. The People determined that a civil penalty of
    $37,000 was appropriate.
     
    The People and the respondent 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. North Rockwell, LLC (North Rockwell) must pay a civil penalty of $37,000 no
    later than July 18, 2005, which is the first business day following the 30th day
    after the date of this order. North Rockwell must pay the civil penalty by certified
    check, money order or electronic funds transfer, payable to the Environmental
    Protection Trust Fund. The case number, case name, and North Rockwell’s
    federal employer identification number must be included on the certified check or
    money order. If submitting an electronic funds transfer to the Agency, the
    electronic funds transfer must be made in accordance to the specific instructions
    timely provided to North Rockwell.
     
    3. North Rockwell must submit its certified check, money order or electronic funds
    transfer to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
     
    3
    4.
    A copy of the certified check, money order or record of the electronic funds
    transfer and any transmittal letter must be sent to the following:
     
    Jennifer
    A.
    Tomas
    Assistant
    Attorney
    General
    Environmental
    Bureau
     
      
    188 West Randolph Street, 20
    th
    Floor
    Chicago,
    Illinois
    60601
     
    Chris
    Pressnall
    Assistant
    Council
      
     
      
    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    5.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act. 35 ILCS 5/1003(a)
    (2002).
     
    6.
    North Rockwell 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) (2000);
    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
    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, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on June 16, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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