ILLINOIS POLLUTION CONTROL BOARD
September 19, 1996
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ATLAS DISMANTLING CORPORATION,
an Illinois corporation, and CARY
CORNERS PARTNERSHIP, an Illinois
general partnership,
Respondents.
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PCB 96-267
(Enforcement - Air)
SUPPLEMENTAL ORDER OF THE BOARD (by C.A. Manning):
On September 11, 1996, the parties filed an agreed motion asking the Board to
reconsider and modify its August 15, 1996 opinion and order accepting each of the parties’
stipulations and proposals for settlement. The parties assert that the Board “mistakenly
neglected to include the language of the reporting requirements [in each of the stipulations].”
The Board does not customarily reproduce each of the provisions in the stipulations
presented to it. Instead, as we did here, we incorporate the stipulations by reference in
paragraph one of the order; we do set out any penalty payment provisions contained in the
stipulation as a separate paragraph. However, this is done to facilitate auditing of our records,
rather than as a matter of necessity given the incorporation paragraph.
The parties’ motion to modify is hereby granted.
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We will reproduce the reporting
requirements as the parties have requested, but we ask complainant to note that we do not plan
to routinely change our usual practice of avoiding repetition by incorporating material by
reference in the text of the stipulations. The Board will add the amendments to the order as
requested. For the parties' convenience, the order as modified is set forth in its entirety
below.
ORDER
1.
The Board hereby accepts the stipulation and settlement agreements executed by
the People of the State of Illinois and against Atlas Dismantling Corporation
(Atlas), an Illinois corporation located at 71 Laverne, Hillside, Illinois and Cary
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The reporting requirements are noted at paragraph numbers 3 and 5 of the order.
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Corners Partnership (Cary Corners) located at 1564 West Algonquin Road,
Hoffman Estates, Illinois regarding Cary Corners site located at 300-380
Northwest Highway, Cary, McHenry County, Illinois. The stipulation and
settlement agreements are incorporated by reference as though fully set forth
herein.
2.
Atlas shall pay a total sum of $1,500. Payment shall be made pursuant to the
following schedule:
a.
$300.00 within thirty (30) days from the date of this order; and
b.
$300.00 every thirty (30) days thereafter until payment is made in full.
Such payments 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
A copy of the payment transmittal and check shall be simultaneously submitted
to:
Thomas S. Gozdziak
Assistant Attorney General
Environmental Bureau
100 West Randolph Street, 11th Floor
Chicago, Illinois 60601
The certified check or money order shall clearly indicate on its face
respondent’s federal employer identification number, “Payment from Atlas
Dismantling Corporation - DLC file number 353-95,” this case number, PCB
96-267, and that payment is directed to the Environmental Protection Trust
Fund.
3.
Atlas shall comply with the following reporting requirements:
a.
The owner/operator must, in the future, provide the Agency with written
notification of the demolition/renovation activities in a timely and
complete as required by the National Emission Standards for Hazardous
Air Pollutants (NESHAPs) for asbestos.
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b.
The owner/operator shall provide a monthly report summarizing each
renovation or demolition activity that is completed during the month and
state the following:
i.
The location of the demolition or renovation activity, specifically
number, street address, city, county and state;
ii.
An estimate of the amount of regulated asbestos-containing
material (RACM) in the facility; and
iii.
The actual start and completion dates of the renovation or
demolition.
The monthly report shall be submitted within fifteen days (15) after the
last day of each calendar month, commencing with a report for the first
full month following entry of an order in this matter.
Reports are to be sent to:
Illinois Environmental Protection Agency
Attn: Otto J. Klein
1340 North Ninth Street
Springfield, IL 62707
The monthly reports required by this paragraph shall be accompanied by
the following statement of certification:
I certify that the following information contained in or
accompanying this submission is true, accurate, and complete.
This certification is based either on my personal preparation,
review or analysis of the submission, and /or supervision of the
persons, who, acting on my direct instruction, made the
verification that the information is true, accurate and complete.
c.
Only demolition or renovation activities that would require Agency
notification under the asbestos NESHAP need be reported under the
requirement set forth in paragraph 5b. If no demolition or renovation
activity occurred during the month, the report should so state. If no
demolition or renovation activity occurred during the month, but
notification was not required under the asbestos NESHAP, the report
should state so.
d.
The owner/operator shall comply with the reporting requirement set
forth in paragraph 5b for a period of one year after the filing of an order
in this matter or until such times as there is a written agreement between
the Agency and the owner/operator to cease with the reporting.
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e.
The owner/operator shall maintain records of all notifications and
reports.
4.
Respondent, Cary Corners shall pay the sum of $5,200 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
A copy of the payment transmittal and check shall be simultaneously submitted
to:
Thomas S. Gozdziak
Assistant Attorney General
Environmental Bureau
100 West Randolph Street, 11th Floor
Chicago, Illinois 60601
The certified check or money order shall clearly indicate on its face
respondent’s federal employer identification number, “Payment from Cary
Corners Partnership - DLC file number 353-95”, this case number, PCB 96-
267, and that payment is directed to the Environmental Protection Trust Fund.
5.
Cary Corners shall comply with the following reporting requirements:
a.
The owner/operator must, in the future, provide the Agency with written
notification of the demolition/renovation activities in a timely and
complete manner as required by the National Emission Standards for
Hazardous Air Pollutants (NESHAPs) for asbestos.
b.
The owner/operator shall provide a monthly report summarizing each
renovation or demolition activity that is completed during the month and
state the following:
i.
The location of the demolition or renovation activity, specifically
number, street address, city, county and state;
ii.
An estimate of the amount of RACM in the facility; and
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iii.
The actual start and completion dates of the renovation or
demolition.
The monthly report shall be submitted within fifteen days (15) after the
last day of each calendar month, commencing with a report for the first
full month following entry of an order in this matter.
Reports are to be sent to:
Illinois Environmental Protection Agency
Attn: Otto J. Klein
1340 North Ninth Street
Springfield, IL 62707
The monthly reports required by this paragraph shall be accompanied by
the following statement of certification:
I certify that the following information contained in or
accompanying this submission is true, accurate, and complete.
This certification is based either on my personal preparation,
review or analysis of the submission, and /or supervision of the
persons, who, acting on my direct instruction, made the
verification that the information is true, accurate and complete.
c.
Only demolition or renovation activities that would require Agency
notification under the asbestos NESHAP need be reported under the
requirement set forth in paragraph 4b. If no demolition or renovation
activity occurred during the month, the report should so state. If no
demolition or renovation activity occurred during the month, but
notification was not required under the asbestos NESHAP, the report
should state so.
d.
The owner/operator shall comply with the reporting requirement set
forth in paragraph 4b for a period of one year after the filing of an order
in this matter or until such times as there is a written agreement between
the Agency and the owner/operator to cease with the reporting.
e.
The owner/operator shall maintain records of all notifications and
reports.
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.
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6.
Respondents 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 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 supplemental order was adopted on the _____ day of ___________, 1996, by a vote
of _____________.
___________________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board