ILLINOIS POLLUTION CONTROL BOARD
    May 1, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    R. FRIETSCH COMPANY, INC., an
    Delaware corporation,
     
    Respondent.
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    PCB 00-111
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by M.E. Tristano):
     
    On December 30, 1999, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against R. Frietsch Company, Inc. (respondent).
    See
     
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that respondent
    violated specified air pollution provisions of the Environmental Protection Act (Act) (415 ILCS
    5/1
    et seq
    . (1998)). The People further allege that respondent violated these provisions by failing
    to comply with the National Emission Standards for Hazardous Air Pollutants regulations for
    asbestos. The complaint concerns respondent’s demolition of various facilities located in
    Tazewell and Peoria Counties.
     
    On March 28, 2003, the People and respondent filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Act (415 ILCS 5/31(c)(1) (2002)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). The Board provided notice of
    the stipulation, proposed settlement, and request for relief from hearing. The Board published
    newspaper notice in the
    Morton Courier
    and
    The Peoria Journal Star
    on April 3, 2003. The
    Board did not receive any requests for hearing. The Board grants the parties’ request for relief
    from the hearing requirement.
    See
    415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b).
     
    Section 103.302 of the Board’s procedural rules sets forth the required contents of
    stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
    stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
    respondent’s operations. Section 103.302 also requires that the parties stipulate to facts called
    for by Section 33(c) of the Act (415 ILCS 5/33(c) (2002)). The People and respondent have
    satisfied Section 103.302. Respondent admits the alleged violations and agrees to pay a civil
    penalty of $10,000. The Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
     
      
    2
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. Respondent must pay a civil penalty of $10,000 no later than June 1, 2003, which
    is the 30th day after the date of this order. Respondent must pay the civil penalty
    by certified check or money order, payable to the Environmental Protection Trust
    Fund. The case number, case name, and respondent’s social security number or
    federal employer identification number must be included on the certified check or
    money order.
     
    3. Respondent must send the certified check or money order to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    5. Respondent must cease and desist from the alleged violations.
     
    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) (2002);
    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 May 1, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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