ILLINOIS POLLUTION CONTROL BOARD
    May 1, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    R. FRIETSCH AND COMPANY, INC.
    a Delaware corporation,
    Respondent.
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    PCB 96-262
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by K.M. Hennessey):
    On June 26, 1996, the Illinois Attorney General, on behalf of the Illinois
    Environmental Protection Agency and the People of the State of Illinois, filed a one-count
    complaint against R. Frietsch and Company, Inc. (Frietsch), a Delaware corporation located at
    1823 W. Kettelle, Peoria, Peoria County, Illinois. The
    complaint alleges that
    Frietsch
    violated
    Section 9.1(d)(1) of the Illinois Environmental Protection Act
    (Act) (415 ILCS 5/9.1(d)(1)
    (1994)
    ) and 40 CFR 61.145(b) by failing to provide notification of asbestos renovation or
    demolition activity performed at Illinois Central College, East Peoria, Tazewell County,
    Illinois.
    Pursuant to 415 ILCS 5/31(c)(2) (P.A. 89-596, eff. August 1, 1996), the parties filed a
    joint motion requesting relief from the Act’s hearing requirement on March 13, 1997. The
    Board published a notice of the requested waiver on March 26, 1997. No objection to
    granting the waiver was received. Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Proposal for Settlement (Settlement Agreement) on
    March 13, 1997. The Settlement Agreement sets forth facts relating to the nature of and
    operations and circumstances surrounding the claimed violations. Frietsch admits the alleged
    violations and agrees to pay a total civil penalty of eight thousand dollars ($8,000.00). The
    Board finds the Settlement Agreement acceptable under 35 Ill. Adm. Code 103.180.
    The Settlement Agreement in no way affects Frietsch’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 findings of fact and conclusions of law in this
    matter.
    2
    ORDER
    1) The Board hereby accepts the Stipulation and Proposal for Settlement (Settlement
    Agreement) executed by the People of the State of Illinois and R. Frietsch and
    Company, Inc. (Frietsch), a Delaware corporation located at 1823 W. Kettelle,
    Peoria, Peoria County, Illinois. The Settlement Agreement is incorporated by
    reference as though fully set forth herein.
     
    2) Frietsch shall pay the sum of eight thousand dollars ($8,000.00) 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 the case name and
    number, along with Frietsch’s Federal Employer Identification Number 370950255. A
    copy of the payment transmittal and the certified check or money order shall be
    simultaneously sent by First Class mail to:
    Genevieve M. Watts
    Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    100 West Randolph Street, 11
    th
    Floor
    Chicago, IL 60601
    Any such penalty not paid within the time prescribed shall accrue interest at the rate set
    forth in subsection (a) of Section 1003 of the Illinois Income Tax Act (35 ILCS 5/1003
    (1994)
    ), as now or hereafter amended, from the date payment is due until the date
    payment is received. If the time for payment is stayed during the pendency of an
    appeal, interest shall not accrue during such stay.
    3) Frietsch shall cease and desist from the admitted 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 1
    st
    day of May, 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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