ILLINOIS POLLUTION CONTROL BOARD
    May 2, 1996
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    WITTRIDGE BUILDERS, INC., an Illinois
    corporation,
    Respondent.
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    PCB 96-149
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
    This matter comes before the Board upon a one-count complaint filed December 29,
    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 Wittridge Builders
    (Wittridge), an Illinois corporation, located at 6532 W. 103rd Street, Chicago Ridge, Cook
    County, Illinois. The complaint alleges that Wittridge has violated Section 9.1(b) of the
    Illinois Environmental Protection Act (Act), (415 ILCS 5/9.1(b) (1994)) by failing to provide
    proper notification prior to 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 March 22,1996. The Board published a notice of the waiver
    on March 29, 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 March 22,1996. The
    Stipulation sets forth facts relating to the nature, operations, and circumstances surrounding the
    claimed violations. Wittridge admits the alleged violations and agrees to pay a civil penalty of
    five hundred dollars ($500.00).
    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 Wittridge. The Stipulation and Settlement
    Agreement are incorporated by reference as though fully set forth herein.
    2)
    Wittridge shall pay the sum of five hundred dollars ($500.00) 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 Wittridge’s
    Federal Employer Identification Number 362929928 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)
    Wittridge 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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