ILLINOIS POLLUTION CONTROL BOARD
August 15, 1996
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ATLAS DISMANTLING CORPORATION,
an Illinois corporation, and CARY
CORNERS PARTNERSHIP, an Illinois
general partnership,
Respondents.
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PCB 96-267
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
This matter comes before the Board upon a one-count complaint filed June 28, 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 Atlas Dismantling
Corporation (Atlas), an Illinois corporation located at 71 Laverne, Hillside, Illinois and Cary
Corners Partnership (Cary Corners) located at 1564 West Algonquin Road, Hoffman Estates,
Illinois regarding Cary Corners site located at 300-380 Northwest Highway, Cary, McHenry
County, Illinois. The complaint alleges that respondents have violated Section 9.1(d) of the
Illinois Environmental Protection Act (Act), (415 ILCS 5/9.1(d) (1994)) by failing to properly
provide notification 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 June 28,1996. The Board published a notice of the waiver
on July 11, 1996; no objection to the granting of the waiver was received. Waiver of hearing
is hereby granted.
The parties filed separate Stipulation and Settlement Agreements for each respondent on
June 28,1996. The Stipulations sets forth facts relating to the nature, operations, and
circumstances surrounding the claimed violations. Atlas admits the alleged violation and
agrees to pay a civil penalty of one
thousand five hundred dollars ($1,500.00). Cary Corners
denies the alleged violation but agrees to pay a civil penalty of five
thousand two hundred
dollars ($5,200.00).
The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
This settlement agreement in no way affects respondents’ responsibility to comply with any
federal, state or local regulations, including but not limited to the Act and the Board's
pollution control regulations.
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This opinion constitutes the Board's findings of fact and conclusions of law in this
matter.
ORDER
1)
The Board hereby accepts the Stipulation and Settlement Agreements executed
by the People of the State of Illinois and against Atlas Dismantling Corporation
(Atlas), an Illinois corporation located at 71 Laverne, Hillside, Illinois and Cary
Corners Partnership (Cary Corners) located at 1564 West Algonquin Road,
Hoffman Estates, Illinois regarding Cary Corners site located at 300-380
Northwest Highway, Cary, McHenry County, Illinois. The Stipulation and
Settlement Agreements are incorporated by reference as though fully set forth
herein.
2)
Atlas shall pay a total sum of one
thousand five hundred dollars ($1,500.00).
Payment shall be made pursuant to the following schedule:
a.
$300.00 within thirty (30) days from the date of this order; and
b.
$300.00 every thirty (30) days thereafter until payment is made in full.
Such payments 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
A copy of the payment transmittal and check shall be simultaneously submitted to:
Thomas S. Gozdziak
Assistant Attorney General
Environmental Bureau
100 West Randolph Street, 11th Floor
Chicago, Illinois 60601
The certified check or money order shall clearly indicate on its face Respondent’s Federal
Employer Identification Number, “Payment from Atlas Dismantling Corporation - DLC File
#353-95”, this case # PCB 96-267, and that payment is directed to the Environmental
Protection Trust Fund.
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3)
Respondent, Cary Corners shall pay the sum of five
thousand two hundred
dollars ($5,200.00) 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 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
A copy of the payment transmittal and check shall be simultaneously submitted to:
Thomas S. Gozdziak
Assistant Attorney General
Environmental Bureau
100 West Randolph Street, 11th Floor
Chicago, Illinois 60601
The certified check or money order shall clearly indicate on its face Respondent’s Federal
Employer Identification Number, “Payment from Cary Corners Partnership - DLC File #353-
95”, this case # PCB 96-267, 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 pendency of an appeal during which payment of the penalty has
been stayed.
4)
Respondents shall cease and desist from the alleged violations.
IT IS SO ORDERED.
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 _____ day of ___________, 1996, by a vote
of _____________.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board