ILLINOIS POLLUTION CONTROL BOARD
April 3, 2003
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
R. FRIETSCH COMPANY, INC., a Delaware
corporation,
Respondent.
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PCB 00-111
(Enforcement - Air)
ORDER OF THE BOARD (by M.E. Tristano):
On December 30, 1999, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against R. Frietsch Company, Inc. (respondent).
See
415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that respondent
violated specified air pollution provisions of the Illinois Environmental Protection Act (Act) (415
ILCS 5/1
et seq
. (1998). The People further allege that respondent violated these provisions by
failing to comply with the National Emission Standards for Hazardous Air Pollutants regulations
for asbestos. The complaint concerns respondent’s demolition of various facilities located in
Tazewell and Peoria Counties.
On March 28, 2003, the People and respondent 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)). This filing is 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, the respondent admits the alleged violations and agrees to pay a civil penalty of
$10,000.
Unless the Board determines that a hearing is needed, the Board must cause notice of the
stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
hearing. 415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
Clerk of the Board to provide the required notice.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on April 3, 2003, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board