ILLINOIS POLLUTION CONTROL BOARD
    June 20, 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)
     
     
    OPINION AND 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). The Board provided notice of
    the stipulation, proposed settlement, and request for relief. The newspaper notice was
    published in the
    Herald & Review
    on May 19, 2002. The Board did not receive any requests
    for hearing. The Board grants the parties’ request for relief from the hearing requirement.
    See
    415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b).
     
    Section 103.302 of the Board’s procedural rules sets forth the required contents of
    stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements
    include stipulating to facts on the nature, extent, and causes of the alleged violations and the
    nature of Entler’s operations. Section 103.302 also requires that the parties stipulate to facts
    called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2000)). The People and Entler have
     
      
     
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    satisfied Section 103.302. Entler agrees to pay a civil penalty of $15,000. The Board accepts
    the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2.
    Entler must pay a civil penalty of $15,000 no later than July 20, 2002, which is
    the 30th day after the date of this order. Entler must pay the civil penalty by
    certified check payable to the Illinois Environmental Protection Agency for
    deposit into the Environmental Protection Trust Fund. The case number, case
    name, and Entler’s federal employer identification number must be included on
    the certified check or money order.
     
    3.
    Entler must send the certified check or money order to:
     
    Illinois
    Environmental
    Protection
    Agency
    Fiscal
    Services
    Division
    1021
    North
    Grand Avenue East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
     
     
    A copy of the check and payment transmittal shall be simultaneously submitted
    to:
     
     
      
    Donna Lutes
     
      
    Illinois Attorney General’s Office
    Environmental
    Bureau
     
      
    500 South Second Street
    Springfield,
    Illinois
    62706
     
    4.
    If Entler fails to make any payment specified in paragraph 2, Entler will be in
    default and the remaining unpaid balance of the penalty, plus accrued interest,
    shall be due and owing immediately.
     
    5.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    6.
    Entler must cease and desist from the alleged violations.
     
      
     
     
      
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    IT IS SO ORDERED.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906,
    102.706. Illinois Supreme Court Rule 335 establishes filing requirements that apply when the
    Illinois Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335.
    The Board’s procedural rules provide that motions for the Board to reconsider or modify its
    final orders may be filed with the Board within 35 days after the order is received. 35 Ill.
    Adm. Code 101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above opinion and order on June 20, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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