ILLINOIS POLLUTION CONTROL BOARD
    June 5, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    STEVE KULOVSEK d/b/a WSH
    MANAGEMENT GROUP and d/b/a
    KULOVSEK EXCAVATING,
    Respondent.
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    PCB 96-136
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by J. Yi):
    This matter comes before the Board upon a one-count complaint filed on December 22,
    1995, 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 Steve Kulovsek, d/b/a WSH
    Management Group, and d/b/a Kulovsek Excavating (respondent), located at 95 Grant Street,
    Crystal Lake, McHenry County, Illinois concerning asbestos demolition and renovation
    activity performed at former Marengo High School, 200 West Grant Highway, Marengo,
    McHenry County, Illinois. The
    complaint alleges that
    respondent
    has violated Section 9.1(d)(1)
    of the Illinois Environmental Protection Act
    (Act) (415 ILCS 5/9.1(d)(1)
    (1994)
    ) and 40 CFR
    61.145(b) by failing to provide notification of asbestos demolition or renovation activity.
    1
    On April 22, 1997, the parties filed a stipulation, settlement agreement, and a joint
    motion requesting relief from the requirement of Section 31(c)(2) that proposed stipulation and
    settlement agreements be presented at hearing. (415 ILCS 5/31(c)(2) (Supp.1997). The Board
    published a notice of the waiver on April 30, 1997. No objection to the granting of the waiver
    was received. Accordingly, the Board grants a wavier from the hearing requirement.
    The stipulation sets forth facts relating to the nature, operations, and circumstances
    surrounding the claimed violations. Respondent admits the alleged violations and agrees to
    pay a total civil penalty of five thousand dollars ($5,000.00).
    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
    1
    While the Board does not generally enforce the provisions of the Code of Federal
    Regulations, Section 9.1(d)(1) of the Act authorizes enforcement of Sections 111, 112, 165
    and 173 of the Clean Air Act and the regulations adopted pursuant thereto.
    2
    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.
    ORDER
    1) The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Steve Kulovsek, d/b/a WSH Management
    Group, and d/b/a Kulovsek Excavating (respondent), located at 95 Grant Street,
    Crystal Lake, McHenry County, Illinois concerning asbestos demolition and
    renovation activity performed at former Marengo High School, 200 West Grant
    Highway, Marengo, McHenry County, Illinois. The stipulation and settlement
    agreement are incorporated by reference as though fully set forth herein.
     
    2) Respondent shall pay a total sum of five thousand dollars ($5,000.00) within
    one year of the date of this order. Payment shall be made pursuant to the
    following schedule:
    a.
    $1,250.00 within thirty (30) days from the date of this final Board order
    approving the parties’ stipulation and proposal for settlement; and
    b. Thereafter a quarterly payment of $1,250.00 shall be due three months
    after the due date of the previous payment.
     
    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 respondent’s social
    security number 320-48-4156, and that payment is directed to the Environmental
    Protection Trust Fund. A copy of the payment transmittal and the certified check or
    money order shall be simultaneously sent by First Class mail to:
    3
    Alyssa L. Fron
    Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    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 Section 1003(a) of the Illinois Income Tax Act, (35 ILCS 5/1003
    (1994)
    ), as
    now or hereafter amended, from the date payment is due until the date payment is
    received. If the time for payment is stayed during the pendency of an appeal, interest
    shall not accrue during such stay.
    3) Respondent 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.")
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 5th day of June 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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