ILLINOIS POLLUTION CONTROL BOARD
    June 6, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    N.E. FINCH, a Delaware corporation, and
    PEORIA ASSOCIATES, an Illinois limited
    partnership,
     
    Respondents.
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    PCB 01-17
    (Enforcement – Air)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On August 1, 2000, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a two-count complaint against N.E. Finch and Peoria Associates
    (respondents).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People
    allege that respondents violated Sections 9(a) and 9.1(d) of the Environmental Protection Act
    (Act) (415 ILCS 5/9(a), 9.1(d) (2000)), and the Board’s air pollution regulations. The People
    further allege that respondents violated these provisions by failing to properly remove, handle,
    and dispose of asbestos-containing waste. The complaint concerns respondent Finch’s
    demolition of the former Burlington Coat Factory in Peoria County.
     
    On May 28, 2002, the People and respondents filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section
    31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2000)). This filing is authorized by Section 31(c)(2)
    of the Act (415 ILCS 5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code 103.300(a). Under the
    proposed stipulation, respondents deny the alleged violations, but agree to pay a civil penalty
    of $10,000.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of
    the stipulation, proposed settlement, and request for relief from the hearing requirement. Any
    person may file a written demand for hearing within 21 days after receiving the notice. If
    anyone timely files a written demand for hearing, the Board will deny the parties’ request for
    relief and hold a hearing. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c).
    The Board directs the Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on June 6, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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