ILLINOIS POLLUTION CONTROL BOARD
    July 11, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    N.E. FINCH, a Delaware corporation, and
    PEORIA ASSOCIATES, an Illinois
    corporation,
     
    Respondents.
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    PCB 01-17
    (Enforcement - Air)
          
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On August 1, 2000, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count complaint against N.E. Finch and Peoria Associates
    (respondents).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People
    allege that respondents violated Sections 9(a) and 9.1(d) of the Environmental Protection Act
    (Act) (415 ILCS 5/9(a), 9.1(d) (2000)), and the Board’s air pollution regulations. The People
    further allege that respondents violated these provisions by failing to properly remove, handle,
    and dispose of asbestos-containing waste. The complaint concerns respondent Finch’s
    demolition of the former Burlington Coat Factory in Peoria County.
     
    On May 28, 2002, 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) (2000)). This filing is authorized
    by Section 31(c)(2)
    of the Act (415 ILCS 5/31(c)(2) (2000)).
    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
    Journal Star
    on May 30, 2002. 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) (2000); 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 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) (2000)). The People and
    respondents have satisfied Section 103.302. Respondents deny the alleged violations, but agree
    to pay a civil penalty of $10,000. The Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
      
     
    2
     
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2.
    N.E. Finch and Peoria Associates (respondents) must pay a civil penalty of
    $10,000. Each respondent shall make a payment of $1,000 to the
    Environmental Protection Trust Fund no later than August 11, 2002, which is
    the 30th day after the date of this order. Respondents shall each continue to
    make a payment of $1,000 for the following four months. Respondents must
    pay the civil penalty by certified check or money order, payable to the
    Environmental Protection Trust Fund. The case number, case name, and the
    respondents’ social security number or federal employer identification number
    must be included on the certified check or money order.
     
    3.
    Respondents must send the certified check or money order to:
     
     
      
    Illinois Environmental Protection Agency
    Fiscal
    Services
    Division
     
      
    1021 North Grand Avenue East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
     
    4.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    5.
    Respondents 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.
     
      
     
    3
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above opinion and order on July 11, 2002, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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