ILLINOIS POLLUTION CONTROL BOARD
November 21, 1996
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
LANGOS CORPORATION, an Illinois
corporation,
Respondent.
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PCB 96-244
(Enforcement - Air)
ORDER OF THE BOARD (by J. Theodore Meyer):
This matter comes before the Board upon a two-count complaint filed May 29, 1996,
by the Attorney General of the State of Illinois, on behalf of the Illinois Environmental
Protection Agency and the People of the State of Illinois, against Langos Corporation, an
Illinois corporation, located at Route 7, Deepwood Road, Barrington Hills, Cook County,
Illinois. The complaint alleges that Langos Corporation violated Section 9.1(d) of the Illinois
Environmental Protection Act (Act) (415 ILCS 5/9.1(d)) for failure to provide complete and
timely notice of asbestos demolition.
Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
the Act’s hearing requirement on October 11, 1996. The Board published a notice of the
waiver on October 23 and 24, 1996; no objection to the granting of the waiver was received.
Waiver of hearing is hereby granted.
The parties filed a Stipulation and Settlement Agreement on October 11, 1996. The
Stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
claimed violations. Langos Corporation admits the alleged violation and agrees to pay a civil
penalty of twenty-five thousand dollars ($25,000.00).
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
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 Settlement Agreement executed by
the People of the State of Illinois and Langos Corporation, an Illinois
corporation, located at Route 7, Deepwood Road, Barrington Hills, Cook
County, Illinois. The Stipulation and Settlement Agreement are incorporated by
reference as though fully set forth herein.
2)
Langos Corporation shall pay a total sum of twenty-five thousand dollars
($25,000.00). Payment shall be made pursuant to the following schedule:
a.
$6,250.00 within thirty (30) days from the date of this final Board order
approving the parties’ stipulation and proposal for settlement; and
b.
$6,250.00 every three (3) months thereafter until payment is made in
full.
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, Langos
Corporation’s Federal Employer Identification Number 55912076 and that
payment is directed to the Environmental Protection Trust Fund. A copy of the
payment transmittal and check shall be simultaneously submitted to:
Genevieve M. Watts
Environmental Bureau
Illinois Attorney General’s Office
100 West Randolph Street, 11
th
Floor
Chicago, Illinois 60601
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.
3)
Langos Corporation shall cease and desist from the alleged violations.
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IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
the appeal of final Board orders to the Illinois Appellate Court 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 order was adopted on the _____ day of ___________, 1996, by a vote of
______________.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board