ILLINOIS POLLUTION CONTROL BOARD
    March 20, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    JOE DECICCO DEMOLITION, INC., an
    Illinois corporation,
     
    Respondent.
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    PCB 00-110
    (Enforcement – Air)
     
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On January 9, 2003, the Board issued an interim opinion and order in this proceeding
    finding that Joe Decicco Demolition, Inc. (Decicco) violated the Environmental Protection Act
    (Act) (415 ILCS 5/9.1(d)(1)(2002)) and several provisions of the National Emissions Standards
    for Hazardous Air Pollutants (NESHAP) for asbestos.
    1
    The interim opinion granted the
    complainant’s motion for summary judgment and ordered the parties to proceed to hearing on the
    issue of remedy, including any civil penalties and attorney fees. The Board incorporates the
    January 9, 2003 interim opinion and order here by reference.
     
    On March 11, 2003, the Office of the Attorney General on behalf of the People of the
    State of Illinois (People) filed a motion to waive any hearing on the remedy and close the docket
    (Mot.). The People ask for no civil penalty, attorney fees, or other costs incurred by the state in
    this action. For the reasons set forth below the Board grants the People’s motion and closes the
    docket.
     
    The People allege that Decicco, a small Illinois corporation, ceased operations during
    2000, and was involuntarily dissolved by the Illinois Secretary of State on February 1, 2001.
    Mot. at 2. The People state that on June 6, 2001, Mr. Joseph Decicco filed a petition under
    Chapter 7 of the Bankruptcy Code in the United States Bankruptcy Court for the Northern
    District of Illinois, Eastern Division.
    Id
    . The petition named Mr. Decicco individually, and
    doing business as respondent, as debtors. The petition listed the People and the Board as
    creditors. On October 9, 2001, the Bankruptcy Court granted Decicco a discharge of
    indebtedness pursuant to 11 U.S.C. Section 727.
    Id
    .
     
    The People argue that at this point any penalty assessed following a hearing would be
    uncollectable. The People therefore request, in the interest of administrative economy, that the
    Board make its January 9, 2003 interim order a final order and waive further proceedings in this
    case. Mot. at 3.
    1
    The Board found that Decicco violated Sections 61.145(b)(3), 61.145(b)(4)(i), 61.145(b)(4)(iii),
    61.145(b)(4)(v), and 61.145(b)(4)(ix) of the asbestos NESHAP regulations.
     
    2
     
    The facts in this proceeding show that Decicco is unable to pay any penalty associated
    with the violations the Board found against it in the January 9, 2003, interim opinion and order.
    In this circumstance, the Board waives any hearing on the issue of remedy as requested by the
    People and closes the docket.
     
    This opinion and order constitutes the Board’s findings of fact and conclusions of law.
     
    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 March 20, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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