ILLINOIS POLLUTION CONTROL BOARD
    August
    1,
    1994
    PEOPLE OF THE STATE
    OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 94—181
    (Enforcement)
    ASBESTOS CONTROL AND
    )
    ENVIRONMENTAL SERVICES CORP.,
    )
    an Illinois Corporation,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board upon a two—count
    complaint filed June 24,
    1994, by Roland W. Burns, Attorney
    General of the State of Illinois,
    on behalf of the Illinois
    Environmental Protection Agency and the People of the State of
    Illinois,
    against Asbestos Control and Environmental Services
    Corp., an Illinois Corporation located at
    P.
    0. Box 945,
    in the
    City of Wheaton, DuPage County,
    Illinois.
    The complaint alleges
    that Asbestos Control and Environmental Services Corp. has
    violated Section 9.1(d)(l)
    of the Illinois Environmental
    Protection Act (Act),
    415 ILCS
    5/9.1(d),
    40 C.F.R.
    §6l.145(b)(3)(l992),
    and 40 C.F.R. §60.150(a)(1)(l992)
    for
    improper notification of asbestos removal and demolition and
    failure to label containers containing asbestos material at the
    Old Union School,
    located at 405 North 6th Street, Wheaton,
    DuPage County,
    Illinois.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    June 24,
    1994.
    The Board published a Notice of the waiver on
    June 30,
    1994; no objection to grant of the waiver was received.
    Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    June
    24,
    1994.
    The Stipulation sets forth facts relating to the
    nature,
    operations and circumstances surrounding the claimed
    violations.
    Asbestos Control and Environmental Services Corp.
    admits the alleged violations and agrees to pay a civil penalty
    of three thousand dollars
    ($3,000.00).
    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,
    2
    state or local regulations,
    including but not limited to the Act
    and the Board’s pollution control regulations.
    This opinion constitutes the Board’s findings 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 Asbestos Control and Environmental
    Services Corp., concerning its facility located at
    p.
    0.
    Box 945,
    in the City of Wheaton, DuPage County,
    Illinois.
    The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2)
    The Asbestos Control and Environmental Services Corp.,
    shall pay the sum of three thousand dollars
    ($3,000.00),
    according to the following schedule:
    a)
    Within thirty days of this order, the
    Asbestos Control and Environmental Services
    Corp.,
    shall pay the amount of one thousand
    dollars
    ($1,000.00).
    b)
    Every thirty
    (30)
    days thereafter the
    Asbestos Control and Environmental Services
    Corp., shall pay two hundred dollars
    ($200.00) until payment of said penalty
    is
    made in full.
    c)
    In the event respondent defaults on any
    portion of the $3,000.00 penalty, the
    remaining unpaid balance of the $3,000.00
    plus any accrued interest shall be due and
    owing within five
    (5) days of said default.
    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, the Asbestos Control and
    Environmental Services Corp.’s Federal Employer
    3
    Identification Number or Social Security Number and
    that payment
    is 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)
    Asbestos Control and Environmental Services Corp.
    shall
    cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41)
    provides for the appeal of final Board orders within 35
    days of the date of service of this order.
    (See also 35 Iii.
    Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abov
    opinion and order was
    adopted on
    tI~,e
    /7w
    day of
    __________________,
    1994,
    by a
    vote of
    _________
    Dorothy M. ,44.inn, Clerk
    Illinois P~tlutionControl Board

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