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 _____________.

    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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