ILLINOIS POLLUTION CONTROL BOARD
January 7, 1999
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
SPIRCO ENVIRONMENTAL, INC., a
Missouri corporation,
Respondent.
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PCB 97-203
(Enforcement - Land)
ORDER OF THE BOARD (by C.A. Manning):
After a September 29, 1998 hearing was held on this matter, complainant filed a post
hearing brief (Comp. Br.) on November 12, 1998. On December 18, 1998, complainant filed
a “Motion to Revise Complainant’s Reply Brief” (Mot.) in order to correct “Complainant’s
Reply Brief” filed on December 17, 1998 (Reply Br.).
The federal government imposed a $70,000 fine on respondent in August 1996, for
violations of the federal asbestos National Emission Standard for Hazardous Air Pollutants in
Missouri. Comp. Br. at 10; Reply Br. at 3. In the reply brief, complainant states that the
$70,000 fine was insufficient to deter respondent from committing further violations of State
and federal asbestos laws in Illinois. Reply Br. at 4; Mot. at 1. The alleged further violations
in Illinois occurred on or before January 10, 1996. Mot. at 1
.
Complainant states that logic
employed in this instance is incorrect.
Id.
The August 1996 fine could not have deterred
respondent from the alleged violations on or before January 10, 1996, because the fine had not
yet been imposed.
Id.
Complainant has contacted respondent regarding this motion. Mot. at 2. Respondent
has not objected to this motion. The Board finds that respondent will not be prejudiced by the
revision of the complainant’s reply brief. The Board grants the motion and strikes the
reference in the reply brief regarding the August 1996 fine of $70,000.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 7th day of January 1999 by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board