ILLINOIS POLLUTION CONTROL BOARD
April 15, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BEST-WAY CONSTRUCTION &
REMEDIATION, INC., an Illinois
corporation; and CLINTON 6 L.L.C., an
Illinois limited liability company,
Respondents.
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PCB 04-4
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On July 7, 2003, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Best-Way Construction & Remediation, Inc. (Best-
Way), and Clinton 6 L.L.C. (Clinton 6) (collectively, respondents).
See
415 ILCS 5/31(c)(1)
(2002); 35 Ill. Adm. Code 103.204. The People allege that respondents violated Sections 9(a),
9.1(d)(1) of the Environmental Protection Act (Act), Section 201.141 of the Board’s air pollution
regulations, and 40 C.F.R. 61.145(b), (c)(3), (c)(6), and 61.150(b) of the national emissions
standards for hazardous air pollutants (NESHAP) for asbestos. 415 ILCS 5/9(a), 9.1(d)(1)
(2002); 35 Ill. Adm. Code 201.141; 40 C.F.R. 60.145(b), (c)(3), (c)(6) and 61.150(b). The
People further allege that respondents violated these provisions as a result of asbestos abatement
activities at a building located at 612 South Clinton Street, Chicago, Cook County. Clinton 6
owned the facility and Best-Way performed the asbestos abatement activities.
On February 17, 2004, the People and both respondents filed a stipulation and proposed
settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
of the Act (415 ILCS 5/31(c)(1) (2002)). This filing is authorized by Section 31(c)(2) of the Act
(415 ILCS 5/31(c)(2) (2002)).
See
35 Ill. Adm. Code 103.300(a). The Board provided notice of
the stipulation, proposed settlement, and request for relief from hearing. The Board published
newspaper notice in the
Chicago Sun Times
on March 11, 2004. The Board did not receive any
requests for hearing. The Board grants the parties’ request for relief from the hearing
requirement.
See
415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
respondents’ operations. Section 103.302 also requires that the parties stipulate to facts called
for by Section 33(c) of the Act (415 ILCS 5/33(c) (2002)). The People and respondents have
satisfied Section 103.302. Under the proposed stipulation, the respondents neither admit nor
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deny the alleged violations and agree to pay a civil penalty of $11,000. The Board accepts the
stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1. The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2. Best-Way Construction & Remediation, Inc., and Clinton 6 L.L.C. (respondents)
must jointly and severally pay a civil penalty of $11,000 no later than May 15,
2004 which is the 30th day after the date of this order. Respondents must pay the
civil penalty by certified check or money order, payable to the Environmental
Protection Trust Fund. The case number, case name, and respondents’ social
security numbers or federal employer identification numbers must be included on
the certified check or money order.
3. Respondents must send the certified check or money order by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
A copy of the check shall be sent to:
Joel Sternstein
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago, Illinois 60601
4. Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2002)).
5. Respondents must cease and desist from the alleged violations.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2002);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
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Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on April 15, 2004, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board