ILLINOIS POLLUTION CONTROL BOARD
    October 21, 1999
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    DEMOLITION AND DEVELOPMENT, LTD., an Illinois
    corporation, and EUGENE LOPRESTI, individually, and
    as president of DEMOLITION AND DEVELOPMENT,
    LTD.,
    Respondents.
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    PCB 97-70
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
    On
    September 3, 1999
    , the parties filed a stipulation and proposal for settlement. The Board accepts
    the stipulation and proposal for settlement filed by the parties in this matter. The complaint alleged that
    respondent violated Section 9.1(d
    )(1) of the Environmental Protection Act
    (Act) (415 ILCS 5/9.1(d)
    (1998)
    ) and
    Sections 61.145(b)(3)(4) and 61.145(b)(3) of the National Emission Standards for Hazardous Air Pollutants (40 C.F.R.
    §§ 61.145(b)(3)(4), 61.145(b)(3)) by failing to provide timely and sufficient notification of asbestos demolition or
    renovation activity.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (
    1998
    )), the Board caused publication of the
    required newspaper notice of the stipulation and proposal for settlement and request for relief from the hearing
    requirement. The Board did not receive any requests for hearing. Accordingly, the Board grants a waiver of the
    hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature, operations, and
    circumstances surrounding the allegations in the complaint. Respondent neither admits nor denies the alleged
    violations and agrees to pay a total civil penalty of $20,000. Respondent must continue to comply with any federal,
    State, or local regulations including, but not limited to, the Act and the Board’s regulations.
    This opinion constitutes the Board’s findi ngs 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 respondents, Demolition and Development, Ltd., an Illinois corporation,
    located at 6442 Deer Lane, Palos Heights, Cook County, Illinois, and Eugene Lopresti concerning
    asbestos demolition and renovation activity performed at various sites in Cook County. The
    stipulation and settlement agreement is incorporated by reference as though fully set forth
    herein.
    2.
    The respondent shall pay the total sum of $20,000 by August 17, 2000, pursuant to the following
    schedule:
    a.
    $5,000 within 30 days of the date of this order; and
    b.
    each subsequent payment of $5000 shall be due within 90 days after the due
    date of the prior payment.
    2
    Such payment shall be made by certified check payable to the Treasurer of the State of Illinois,
    designated to the Environmental Protection Trust Fund. The case number, case name, and
    respondents’ federal employer identification number (36-3742424) shall also be included on each
    check and should clearly indicate that payment is directed to the Environmental Protection Trust
    Fund.
    3.
    The check shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    4.
    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
    (1998)
    ), 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.
    5.
    Respondent shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the appeal of final
    Board orders to the Illinois Appellate Court within 35 days of service of this order. Illinois Supreme Court Rule
    335 establishes such filing requirements. See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for
    Reconsideration.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above opinion
    and order was adopted on the 21st day of October 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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