ILLINOIS POLLUTION CONTROL BOARD
    June 15,
    1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB
    94—125
    (Enforcement-Air)
    BELOIT CORPORATION, a
    )
    Delaware corporation, and
    )
    ALL STATES ASBESTOS
    )
    PROFESSIONALS, a Wisconsin
    )
    corporation,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by E. Dunham):
    This matter
    comes
    before the Board upon a three-count
    complaint filed April 19,
    1994, by the Illinois Attorney General
    on behalf of the Illinois Environmental Protection Agency, and
    the People of the State of Illinois, against Beloit Corporation,
    a Delaware corporation and All States Asbestos Professionals, a
    Wisconsin corporation.
    The complaint alleges that Beloit Corporation (Beloit),
    a
    Delaware corporation and All States Asbestos Professionals
    (All
    States),
    a Wisconsin corporation have violated Sections 9(a)
    and
    9.l(d)(1) of the Illinois Environmental Protection Act (Act), 415
    ILCS
    5/9(a), 5/9.1(d),
    40 C.F.R.
    S61..45(c)(6)(i),
    40 C.F.R.
    §61.150(b)
    and 35 Ill. Adm. Code 201.141 for causing the
    discharge or emission of contaminants, violation of asbestos
    emission control procedures,
    and violation of asbestos disposal
    standards at Beloit’s site located at 1165 Prairie Hill Road,
    Rockton, Winnebago County,
    Illinois.
    In its April 25,
    1995, Motion for Extension of Stay,
    complainant indicated that the settlement agreement sent to All
    States was returned by the United States Post Office as
    undeliverable and a further search failed to locate All States.
    The Board will not hold open this docket while complainant
    continues to search for All States.
    The Board dismisses the
    complaint without prejudice against All States.
    The complainant
    is free to file a new complaint against All States when
    respondent is located.
    On May 16,
    1995, the complainant and Beloit filed a
    stipulation and proposal for settlement as to Beloit only,
    accompanied by a request for relief from the requirements of
    Section 31(a) (1)
    of the Act that proposed stipulated settlements
    2
    be presented at public hearing.
    (415 ILCS 5/3l(a)(l)
    (1992).)
    The Board published a notice of the waiver on May 24,
    1995; no
    objection to granting of the waiver was received.
    Waiver of
    hearing is hereby granted as to Beloit only.
    The stipulation
    sets forth facts relating to the nature, operations and
    circumstances surrounding the claimed violations.
    Beloit denies
    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,
    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,
    as to Beloit only.
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and Beloit, concerning Beloit’s facility
    located at 1165 Prairie Hill Road, Rockton, Winnebago
    County,
    Illinois.
    The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2)
    Beloit shall pay the sum of three thousand dollars
    ($3,000.00) within thirty
    (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
    The certified check or money order shall clearly
    indicate on its face, Beloit’s Federal Employer
    Identification Number 39-0159010 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
    3
    pendency of an appeal during which payment of the
    penalty has been stayed.
    3)
    Beloit shall cease and desist from the alleged
    violations.
    4)
    The complaint against All States Asbestos
    Professionals is dismissed without prejudice.
    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 Ill.
    Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certifyjhat the abov
    opinion and order was
    adopted on~the
    /6LI~~
    day of
    ___________________,
    1995,
    by a
    vote of
    ~7
    .
    //
    ~
    ~
    ~
    Dorothy M. q(~nn, Clerk
    Illinois PoLLution Control Board

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