ILLINOIS POLLUTION CONTROL
    BOARD
    June
    1,
    1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 94—201
    (Enforcement—Air)
    BECKER BROS.,
    INC.,
    a Delaware
    )
    corporation, and G. RAYMOND
    )
    BECKER, JR.,
    )
    )
    Respondents.
    OPINION
    AND
    ORDER OF THE BOARD
    (by M. McFawn):
    This matter comes before the Board upon a four—count
    complaint filed July 25,
    1994, 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 Becker Bros.,
    Inc.,
    a Delaware corporation, and G.
    Raymond Becker,
    Jr. located in the City of Peoria, Peoria County,
    Illinois.
    The complaint alleges that Becker Bros.,
    Inc.,
    a
    Delaware corporation, and G. Raymond Becker, Jr. have violated
    Sections 9(a)
    and 9..1(d)(1)
    of the Illinois Environmental
    Protection Act (Act),
    415 ILCS
    5/9(a),
    5/9.1(d),
    40 C.F.R.
    §61.145(c) (6) (1),
    40 C.F.R. §61.150(b)
    and 35 Ill. Adm. Code
    201.141 for causing the discharge or emission of contaminants,
    failure to provide notification of asbestos
    demolition activity,
    violation of asbestos emission control procedures, and improper
    disposal of asbestos-containing material at the Community Bank
    Building located in the City of Peoria, Peoria County,
    Illinois.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    motion requesting relief from the Act’s hearing requirement on
    May 2,
    1995.
    The Board published a notice of the waiver on May
    4,
    1995; no objection to granting of the waiver was received.
    Waiver of hearing is hereby granted.
    The parties filed a stipulation and settlement agreement on
    May 2,
    1995.
    The stipulation sets forth facts relating to the
    nature,
    operations and circumstances surrounding the claimed
    violations.
    Becker Bros.,
    Inc.,
    a Delaware corporation, and G.
    Raymond Becker,
    Jr. neither admits nor deny the alleged
    violations and agree to pay a civil penalty of fifteen thousand
    dollars ($15,000.00).
    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
    2
    and the Board’s pollution control regulations.
    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
    agreement executed by the People of the State of
    Illinois and Becker Bros.,
    Inc.’s, a Delaware
    corporation, and G. Raymond Becker,
    Jr, concerning the
    Community Bank Building located in the City of Peoria,
    Peoria County, Illinois.
    The stipulation and
    settlement agreement are incorporated by reference as
    though fully set forth herein.
    2)
    Respondents shall pay the sum of fifteen thousand
    dollars ($15,000.00) within nine
    (9) months of the date
    of this order.
    Payment of two thousand dollars
    ($2,000.00) per month shall be made for each of the
    first six
    (6) months and one thousand dollars
    ($1,000.00) per month for the remainder of the term.
    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, Becker Bros., Inc.’s and G.
    Raymond Becker, Jr.’s Federal Employer Identification
    Number 37-0723371 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)
    Respondents shall cease and desist from the alleged
    violations.
    3
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer concurred.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    days of the date of service of this order.
    (See also 35 Ill.
    Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the ab
    opinion and order was
    adopted on the
    /‘~
    day of
    ___________________,
    1995, by a
    vote of
    7-c
    .
    7
    ___
    i
    Dorothy N. Gq~n,Clerk
    Illinois Pliution Control Board

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