ILLINOIS POLLUTION CONTROL BOARD
    December 18, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    JAMES TULL, individually, and as President
    of CEPCO, INC., an Illinois corporation,
    And CEPCO, INC., an Illinois corporation,
    d/b/a CHIEF PAVING & EXCAVATING
    COMPANY,
    Respondents.
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    PCB 96-229
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter comes before the Board upon a two-count complaint filed on May 3, 1996,
    by the Attorney General of the State of Illinois, on behalf of the People of the State of Illinois,
    against James Tull, individually, and as President of Cepco, Inc., an Illinois corporation, and
    Cepco, Inc., an Illinois corporation, d/b/a Chief Paving & Excavating Company (respondents)
    located at 2207 Perkins Road, P.O. Box 474, Urbana, Champaign County, Illinois, concerning
    asbestos demolition and renovation activity performed at 1305 South Neil Street, Champaign,
    Champaign County, Illinois. The
    complaint alleges that
    respondent
    violated Sections 9(a) and
    9.1(d)(1) of the Environmental Protection Act
    (Act) (415 ILCS 5/
    9(a),
    9.1(d)(1)
    (1996)
    ) and 40
    CFR 61.145(b) by causing or allowing air pollution and failing to provide timely and sufficient
    notification of asbestos demolition or renovation activity.
    1
    On November 17, 1997, the parties filed a stipulation, settlement agreement, and a
    joint motion requesting relief from the requirement of Section 31(c)(2) of the Act that
    proposed stipulation and settlement agreements be presented at hearing. 415 ILCS 5/31(c)(2)
    (1996). The Board published a notice of the waiver on November 22, 1997. No objection to
    the granting of the waiver was received. Accordingly, the Board grants a waiver from the
    hearing requirement.
    The stipulation sets forth facts relating to the nature, operations, and circumstances
    surrounding the claimed violations. Respondents neither admits nor denies the alleged
    violations and agrees to pay a total civil penalty of $5,000.
    1
    While the Board does not generally enforce the provisions of the Code of Federal
    Regulations, Section 9.1(d)(1) of the Act authorizes enforcement of Sections 111, 112, 165,
    and 173 of the Clean Air Act and the regulations adopted pursuant thereto.
    2
    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
    regulations.
    This opinion constitutes the Board’s finding 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 James Tull, individually, and as President
    of Cepco, Inc., an Illinois corporation, and Cepco, Inc., an Illinois corporation,
    d/b/a Chief Paving & Excavating Company (respondents) located at 2207
    Perkins Road, P.O. Box 474, Urbana, Champaign County, Illinois concerning,
    asbestos demolition and renovation activity performed at 1305 South Neil
    Street, Champaign, Champaign County, Illinois. The stipulation and settlement
    agreement are incorporated by reference as though fully set forth herein.
    2.
    Respondents shall pay the total sum of $5,000, payable in two equal
    installments of $2,500 each. Payment shall be made pursuant to the following
    schedule:
    a. The first installment of $2,500 shall be paid within thirty (30)
    days from the date of this final Board order, or on or before
    January 17, 1998, approving the parties’ stipulation and proposal
    for settlement.
     
    b.
    The second installment payment shall be made within 360 days of
    the date that the first installment is due, or on or before January
    12, 1999 (360 days from January 17, 1998). Such payments are
    to 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
    1021 N. Grand Avenue East
    Springfield, IL 62702
    The certified check or money order shall clearly indicate on its face
    respondents’ federal employer identification number 37-1343209 and that
    payment is directed to the Environmental Protection Trust Fund.
    3
    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
    (1996)
    ), 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.
    Respondents shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 Ill. 2d
    R. 335; 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 18th day of December 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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