ILLINOIS POLLUTION CONTROL BOARD
    May 16, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CLASSIC MOLD COMPANY, INC., an
    Illinois corporation, and LARRY
    CALDRONE,
    Respondents.
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    PCB 96-211
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD:
    This matter comes before the Board on a one-count complaint filed April 4, 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 Classic Mold Company (Classic Mold),
    Inc., an Illinois corporation and Larry Caldrone (Caldrone), located at 3800 Wesley Terrace,
    Schiller Park, Cook County, Illinois. The complaint alleges that Classic Mold and Caldrone
    have violated Sections 9(a) and 9.1(d) of the Illinois Environmental Protection Act (Act), (415
    ILCS 5/9(a), 5/9.1(d) (1994)) and 35 Ill. Adm. Code 201.141 by causing or allowing the
    discharge or emission of asbestos into the environment, failing to provide proper notification
    prior to asbestos demolition, violation of asbestos control procedures, and the improper
    disposal of asbestos-containing materials.
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
    the Act's hearing requirement on April 4,1996. The Board published a notice of the waiver on
    April 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 April 4,1996. The
    Stipulation sets forth facts relating to the nature, operations, and circumstances surrounding the
    claimed violations. Classic Mold and Caldrone admit the alleged violations and agree to pay a
    civil penalty of ten thousand dollars ($10,000.00).
    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.
    This opinion constitutes the Board's findings of fact and conclusions of law in this
    matter.
    2
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement Agreement executed by
    the People of the State of Illinois, Classic Mold and Caldrone. The Stipulation
    and Settlement Agreement are incorporated by reference as though fully set
    forth herein.
    2)
    Classic Mold and Caldrone shall pay the sum of ten thousand dollars
    ($10,000.00) 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 Classic
    Mold and Caldrone’s Federal Employer Identification Number or Social
    Security Number 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.
    3)
    Classic Mold and Caldrone shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    3
    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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