ILLINOIS POLLUTION CONTROL BOARD
    February 6, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    PARCO ASBESTOS REMOVAL CO.
    INC., an Illinois Corporation,
    Respondent.
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    PCB 96-130
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by M. McFawn):
    This matter comes before the Board on a two-count complaint filed December 18,
    1995, by the Attorney General of the State of Illinois, on behalf of the Illinois Environmental
    Protection Agency and the People of the State of Illinois, against Parco Asbestos Removal Co.
    Inc. (Parco), an Illinois Corporation located at P.O. Box 852, in the City of Arlington
    Heights, Cook County, Illinois. The complaint alleges that Parco has violated Section
    9.1(d)(1) of the Illinois Environmental Protection Act (Act) and 40 CFR 61.145(b)(4) and
    (b)(3)(i)
    1
    .
    Pursuant to 415 ILCS 5/31(a)(2), the parties filed a joint motion requesting relief from
    the Act’s hearing requirement on October 4, 1996. The Board published a notice of the
    waiver on January 6, 1997; no objection to grant of the waiver was received. Waiver of
    hearing is hereby granted.
    The parties filed a stipulation and settlement agreement on December 30, 1996. The
    stipulation sets forth the facts relating to the nature, operations and circumstances surrounding
    the claimed violations. Parco neither admits nor denies the alleged violations and agrees to
    pay a civil penalty of four thousand dollars ($4,000.00).
    The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
    This settlement agreement in no way affects respondent’s responsibility to comply with any
    federal, state or local regulations, including but not limited to the Act and the Board’s
    pollution control regulations.
    This opinion constitutes the Board’s finding of fact and conclusions of law in this
    matter.
    1
    While the Board does not generally enforce the provisions of the Code of Federal
    Regulations, Section 9.1(d)(1) of the Act authorizes enforcement of Sections 111, 112, 165
    and 173 of the Clean Air Act and the regulations adopted pursuant thereto.
    2
    ORDER
    1) The Board hereby accepts the stipulation and settlement agreement executed by the
    People of the State of Illinois and Parco Asbestos Removal Co. Inc., concerning its
    facility located in Cook County, Illinois. The stipulation and settlement agreement
    are incorporated by reference as thoroughly set forth herein.
     
    2) Parco shall pay the sum of four thousand dollars ($4,000.00) within 30 days of the
    date of this order. Such payment shall be made by certified check or money order
    payable to the Treasurer of the State of Illinois, designated to the Illinois
    Environmental Protection Trust Fund, and shall be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794-9276
    The certified check or money order shall clearly indicate on its face Parco’s Federal
    Employer Identification Number or Social Security Number, and that payment is
    directed to the Environmental Protection Trust Fund.
    Any such penalty not paid within the time prescribed shall incur interest at the rate set
    forth in subsection (a) of Section 1003 the Illinois Income Tax Act, (35 ILCS 5/1003),
    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.
    3) Parco shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    3
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders within 35 days of the date of service of this order. The Rules
    of the Supreme Court of Illinois establish filing requirements. (See also 35 Ill. Adm. Code
    101.246 “Motions for Reconsideration”.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the _____ day of ___________, 1997, by a vote
    of ______________.
    _____________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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