ILLINOIS POLLUTION CONTROL BOARD
May 1, 1997
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
R. FRIETSCH AND COMPANY, INC.
a Delaware corporation,
Respondent.
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PCB 96-262
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by K.M. Hennessey):
On June 26, 1996, the Illinois Attorney General, on behalf of the Illinois
Environmental Protection Agency and the People of the State of Illinois, filed a one-count
complaint against R. Frietsch and Company, Inc. (Frietsch), a Delaware corporation located at
1823 W. Kettelle, Peoria, Peoria County, Illinois. The
complaint alleges that
Frietsch
violated
Section 9.1(d)(1) of the Illinois Environmental Protection Act
(Act) (415 ILCS 5/9.1(d)(1)
(1994)
) and 40 CFR 61.145(b) by failing to provide notification of asbestos renovation or
demolition activity performed at Illinois Central College, East Peoria, Tazewell County,
Illinois.
Pursuant to 415 ILCS 5/31(c)(2) (P.A. 89-596, eff. August 1, 1996), the parties filed a
joint motion requesting relief from the Act’s hearing requirement on March 13, 1997. The
Board published a notice of the requested waiver on March 26, 1997. No objection to
granting the waiver was received. Waiver of hearing is hereby granted.
The parties filed a Stipulation and Proposal for Settlement (Settlement Agreement) on
March 13, 1997. The Settlement Agreement sets forth facts relating to the nature of and
operations and circumstances surrounding the claimed violations. Frietsch admits the alleged
violations and agrees to pay a total civil penalty of eight thousand dollars ($8,000.00). The
Board finds the Settlement Agreement acceptable under 35 Ill. Adm. Code 103.180.
The Settlement Agreement in no way affects Frietsch’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.
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ORDER
1) The Board hereby accepts the Stipulation and Proposal for Settlement (Settlement
Agreement) executed by the People of the State of Illinois and R. Frietsch and
Company, Inc. (Frietsch), a Delaware corporation located at 1823 W. Kettelle,
Peoria, Peoria County, Illinois. The Settlement Agreement is incorporated by
reference as though fully set forth herein.
2) Frietsch shall pay the sum of eight thousand dollars ($8,000.00) 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 Illinois
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 case name and
number, along with Frietsch’s Federal Employer Identification Number 370950255. A
copy of the payment transmittal and the certified check or money order shall be
simultaneously sent by First Class mail to:
Genevieve M. Watts
Assistant Attorney General
Environmental Bureau
Attorney General’s Office
100 West Randolph Street, 11
th
Floor
Chicago, IL 60601
Any such penalty not paid within the time prescribed shall accrue interest at the rate set
forth in subsection (a) of Section 1003 of the Illinois Income Tax Act (35 ILCS 5/1003
(1994)
), as now or hereafter amended, from the date payment is due until the date
payment is received. If the time for payment is stayed during the pendency of an
appeal, interest shall not accrue during such stay.
3) Frietsch shall cease and desist from the admitted violations.
IT IS SO ORDERED.
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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 opinion and order was adopted on the 1
st
day of May, 1997, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board