ILLINOIS POLLUTION CONTROL BOARD
January 11, 1995
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
)
Complainant,
)
v.
)
PCB 94—378
(Enforcement)
BRAND ASBESTOS CONTROL CO., INC.,
)
n/k/a BRAND SERVICES, INC.,
)
a Delaware corporation,
)
)
Respondent.
OPINION AND ORDER OF THE BOARD:
This matter comes before the Board upon a two—count
complaint filed December 12, 1994, by Roland W. Burns, Attorney
General of the State of Illinois, on behalf of the Illinois
Environmental Protection Agency and the People of the State of
Illinois, against Brand Asbestos Control Co., n/k/a Brand
Services, Inc. (Brand), located at Five Westbrook Corporate
Center, Suite 800, Westchester, Cook County, Illinois. The com-
plaint alleges that Brand has 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. S61.145(c)(6)(i) and 35 Ill.
Adm. Code 201.141 for causing the discharge or emission of
contaminants and improper wetting procedures and improper sealing
at the Northern Illinois University Health Center located in
DeKalb 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
December 12, 1994. The Board published a Notice of the waiver on
December 15, 1994; no objection to granting of the waiver was
received. Waiver of hearing is hereby granted.
The parties filed a Stipulation and Settlement Agreement
on December 12, 1994. The Stipulation sets forth facts relating
to the nature, operations and circumstances surrounding the
claimed violations. Brand neither admits nor denies the alleged
violations and agrees to pay a civil penalty of twenty-five
thousand dollars ($25,000.00).
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.
2
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 Brand, concerning the Northern Illinois
University Health Center located in DeKalb County,
Illinois. The Stipulation and Settlement Agreement are
incorporated by reference as though fully set forth
herein.
2) Brand, shall pay the sum of twenty-five thousand
dollars ($25,000.00) 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, Brand’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) Brand shall cease and desist from the alleged
violations.
IT IS SO ORDERED.
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.)
3
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certi~ythat the a e opinion and order was
adopted on the
//~-‘- day of
__________________,
1995, by a
vote of
—
C
•
Dorothy N. ,4iinn, Clerk
/i~~
Illinois P~Llution Control Board