ILLINOIS POLLUTION CONTROL BOARD
    June 6, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ENTLER EXCAVATING COMPANY, an
    Illinois corporation,
     
    Respondent.
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    PCB 02-120
    (Enforcement – Air)
     
     
    ORDER OF THE BOARD (by N.J. Melas)
     
    On March 6, 2002, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Entler Excavating Company (Entler).
    See
     
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that Entler
    violated Sections 9(a) and 9.1(d) of the Environmental Protection Act (Act) (415 ILCS 5/9(a)
    and 5/9.1(d) (2000)), Section 201.141 of the Board’s regulations (35 Ill. Adm. Code 201.141),
    and Sections 61.145(c), 61.150(a), and 61.150(b) of the National Emissions Standards for
    Hazardous Air Pollutants for asbestos (40 C.F.R. 61.145(c), 61.150(a), 61.150(b)). The
    People further allege that Entler violated these provisions by causing air pollution, failing to
    properly contain asbestos-containing material (ACM) in uncovered trucks, failing to properly
    mark trucks hauling away ACM, failing to keep temperature records, and failing to have an
    on-site representative during demolition. The complaint concerns Entler’s demolition project
    at 540 Cerro Gordo, Decatur, Macon County.
     
    On May 14, 2002, the People and Entler 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,
    Entler agrees to pay a civil penalty of $15,000.
     
    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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