ILLINOIS POLLUTION CONTROL BOARD
November 7, 1996
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
RUSSELL COOK, d/b/a COOK’S
HAULING and CONTRACTING,
Respondent.
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PCB 97-63
(Enforcement - Air)
ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board upon a one-count complaint filed October 2, 1996,
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 Russell Cook, d/b/a Cook’s
Hauling and Contracting, located at 315 North Macon, Moweaqua, Shelby County, Illinois
(Cook). The complaint alleges that Cook violated Section 9.1(d) of the Illinois Environmental
Protection Act (Act) (415 ILCS 5/9.1(d)) for failure to provide proper notice of asbestos
demolition.
Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
the Act’s hearing requirement on October 4, 1996. The Board published a notice of the
waiver on October 10, 1996; 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 October 4, 1996. The
Stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
claimed violations. Cook admits the alleged violation and agrees to pay a civil penalty of two
thousand dollars ($2,000.00).
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
regulations.
This opinion constitutes the Board’s findings 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 Russell Cook, d/b/a Cook’s Hauling and
Contracting, located at 315 North Macon, Moweaqua, Shelby County, Illinois.
The Stipulation and Settlement Agreement are incorporated by reference as
though fully set forth herein.
2)
Cook shall pay the sum of two thousand dollars ($2,000.00) 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
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, Cook’s
Federal Employer Identification Number or Social Security Number, and that
payment is shall be directed to the Environmental Protection Trust Fund.
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)
Cook 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 order. The Rules of the Supreme Court of Illinois establish filing requirements.
(See also 35 Ill. Adm. Code 101.246 “Motions for Reconsideration.”)
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the _____ day of ___________, 1996, by a vote of
______________.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board