ILLINOIS POLLUTION CONTROL BOARD
    May 17, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    AABOTT ASBESTOS, INC.,
     
    Respondent.
     
      
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    PCB 99-189
    (Enforcement – Air)
    ELIZABETH ANN PITROLO, ASSISTANT ATTORNEY GENERAL, ATTORNEY
    GENERAL’S OFFICE, APPEARED ON BEHALF OF COMPLAINANT.
     
    ORDER OF THE BOARD (by E.Z. Kezelis):
     
     
    This is an enforcement action brought by the People of the State of Illinois (People)
    against Aabott Asbestos, Inc. (Aabott), an asbestos removal contractor. After a hearing
    conducted on December 7, 2000, the Board entered an opinion and order on April 5, 2001,
    finding that Aabott had violated Sections 9(a) and 9.1(d) of the Environmental Protection Act
    (Act) (415 ILCS 5/9(a), 9.1(d) (1998)), Section 201.141 of the Board’s air regulations, and the
    asbestos National Emissions Standards for Hazardous Air Pollutants at 40 C.F.R.
    §§ 61.145(c)(1), (c)(3), and (c)(6)(i), and 61.150(a)(1)(v). People v. Aabott Asbestos, Inc.
    (April 5, 2001), PCB 99-189.
     
    In its April 5, 2001 opinion and order, the Board found that Aabott in fact committed
    the alleged violations by failing to properly remove, handle, contain, label, and dispose of
    regulated asbestos-containing material, and by failing to follow emission control procedures, so
    as to cause or allow air pollution in Illinois. The violations occurred during the course of
    Aabott’s demolition of two facilities located in Randolph County and Sangamon County,
    Illinois.
     
    The Board ordered Aabott to pay a penalty of $30,000 within 30 days of the date of the
    order. The Board found that the violations were willful, knowing, and repeated and that the
    People were entitled to an award of fees and costs pursuant to Section 42(f) of the Act (415
    ILCS 5/42(f) (1998)). The Board ordered the People to file an affidavit of its fees and costs by
    no later than May 7, 2001.
     
    On April 23, 2001, the People filed an affidavit in which Assistant Attorney General
    Elizabeth Pitrolo (AAG Pitrolo) set forth the amount of time spent prosecuting this case and the
    hourly rate which the Board is asked to assess. On April 27, 2001, the hearing officer entered
    an order allowing Aabott until May 7, 2001, to file a response. Aabott did not do so.
     
     
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    The People’s affidavit shows that AAG Pitrolo spent 41 hours on this case, which
    includes the preparation of pleadings and participation at hearing. Additionally, AAG Pitrolo
    suggests that $120 is a reasonable hourly rate based on her qualifications, experience, and past
    Board action. Although AAG Pitrolo does not cite to any prior Board cases in which $120 was
    allowed as a reasonable hourly rate for attorney fees, she is correct that the Board has
    previously held $120 to be reasonable. See People v. ESG Watts, Inc. (May 4, 1995), PCB
    94-127. The Board finds the time spent and the rate requested reasonable.
     
    Accordingly, the total cost of the People’s time is $1,920. The Board assesses Aabott
    these costs in addition to the $30,000 civil penalty previously assessed in the Board’s April 5,
    2001 opinion and order.
     
    ORDER
     
    The Board orders Aabott to pay the People’s costs in this matter in the amount of
    $1,920 within 30 days of the date of this order. Payment of the costs must be made by certified
    check or money order payable to the Treasurer of the State of Illinois, designated to the
    Hazardous Waste Fund, and sent by First Class mail to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    The certified check or money order shall clearly indicate the case number, Aabott’s Federal
    Employer Identification Number, and that payment is directed to the Hazardous Waste Fund.
     
    IT IS SO ORDERED.
     
     
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172
    Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.520, Motions for Reconsideration.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 17th day of May 2001 by a vote of 7-0.
     
     
      
      
      
      
      
      
     
     
      
      
      
      
      
      
    Dorothy M. Gunn, Clerk
     
      
      
      
      
      
      
    Illinois Pollution Control Board

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