ILLINOIS POLLUTION CONTROL BOARD
April 3, 1997
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
MARK MEADE EXCAVATORS,
INC., an Illinois corporation,
Respondent.
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PCB 97-141
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board upon a two-count complaint filed February 21,
1997 by the Attorney General of the State of Illinois, on behalf of the Illinois Environmental
Protection Agency and the People of the State of Illinois, against Mark Meade Excavators,
Inc. (Mark Meade), an Illinois corporation located at 1099 Corporate Circle, Grayslake, Lake
County, Illinois.
The complaint alleges that Mark Meade, while performing asbestos demolition
at 708 West Park Avenue, Libertyville, Lake County, Illinois, violated Section 9.1(d)(1) of the
Environmental Protection Act
(Act) (415 ILCS 5/9(d)(1)) by failing to provide proper
notification prior to demolition.
Pursuant to 415 ILCS 5/31(a)(2) (1994), the parties filed a joint motion requesting
relief from the Act’s hearing requirement on February 21, 1997. The Board published a notice
of the waiver on February 27, 1997; no objection to the granting of the waiver was received.
Waiver of hearing is hereby granted.
The parties filed a stipulation and settlement agreement on February 21, 1997. The
stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
claimed violations. Mark Meade admits the alleged violation and agrees to pay a civil penalty
of $1,000.
The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
This settlement agreement in no way affects respondent’s responsibility to comply with any
federal, State or local regulations, including but not limited to the Act and the Board’s
pollution control regulations.
This opinion constitutes the Board’s finding of fact and conclusions of law in this
matter.
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ORDER
1) The Board hereby accepts the stipulation and settlement agreement executed by
the People of the State of Illinois and Mark Meade Excavators, Inc. (Mark
Meade), an Illinois corporation located at 1099 Corporate Circle, Grayslake,
Lake County, Illinois. The stipulation and settlement agreement is incorporated
by reference as though fully set forth herein.
2) Mark Meade shall pay the sum of $1,000 within 30 days of the date of this
order. Such payment shall be made by certified check or money order payable
to the Treasurer of the State of Illinois, designated to the Illinois Environmental
Protection Trust Fund, and shall be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P.O. Box 19276
Springfield, IL 62794-9276
The certified check or money order shall clearly indicate on its face Mark
Meade’s federal employer identification number 36-3777291, and that payment
is directed to the Environmental Protection Trust Fund. A copy of the payment
transmittal and check shall be simultaneously submitted to:
Alyssa L. Fron
Assistant Attorney General
Attorney General’s Office
Environmental Bureau
100 West Randolph Street, 11
th
Floor
Chicago, IL 60601
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), 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.
3) Mark Meade shall cease and desist from the alleged violations.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for the
appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service of
this opinion and order. The Rules of the Supreme Court of Illinois establish filing requirements.
(See also 35 Ill. Adm. Code 101.246 "Motions for Reconsideration.")
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the _____ day of ___________, 1997, by a vote
of ______________.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board