ILLINOIS POLLUTION CONTROL BOARD
    June 20, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    SICILIANO INC., an Illinois corporation,
    Respondent.
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    PCB 96-129
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter comes before the Board upon a two-count complaint filed December 18,
    1995, 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 Siciliano, Inc. (Siciliano), an
    Illinois corporation located at 154 West Lake Drive, Springfield, Sangamon County, Illinois.
    The complaint alleges that Siciliano violated Sections 9(a) and 9.1(d) of the Illinois
    Environmental Protection Act (Act) (415 ILCS 5/9(a), 5/9.1(d)) and 35 Ill. Adm. Code
    201.141 for failure to provide proper notice of asbestos demolition and for causing or allowing
    air pollution.
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
    the Act’s hearing requirement on May 8, 1996. The Board published a notice of the waiver on
    May 10, 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 May 8, 1996. The
    Stipulation sets forth facts relating to the nature, operations and circumstances surrounding the
    claimed violations. Siciliano neither admits nor denies the alleged violations and agrees to pay
    a civil penalty of five thousand dollars ($5,000.00).
    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
    pollution control 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 Siciliano, Inc. (Siciliano), an Illinois
    corporation located at 154 West Lake Drive, Springfield, Sangamon County,
    Illinois. The Stipulation and Settlement Agreement are incorporated by
    reference as though fully set forth herein.
    2)
    Siciliano, shall pay the sum of five thousand dollars ($5,000.00) 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
    The certified check or money order shall clearly indicate on its face, Siciliano’s
    Federal Employer Identification Number or Social Security Number and that
    payment is directed to the Environmental Protection Trust Fund. A copy of the
    payment transmittal and check shall be simultaneously submitted to:
    Donna Lutes
    Environmental Bureau
    Illinois Attorney General’s Office
    500 South Second Street
    Springfield, Il. 62794-9276
    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)
    Siciliano 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.")
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    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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