ILLINOIS POLLUTION CONTROL BOARD
    October 2, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    FRANK LEVATO, as an individual,
    Respondent.
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    PCB 97-237
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter comes before the Board upon a one-count complaint filed on June 30,
    1997, 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 Frank Levato (respondent) as
    an individual, located at 4700 West Cermak Road, Cicero, Cook County, Illinois concerning
    asbestos demolition and renovation activity performed at 1201 West Cermak, Broadview,
    Cook County, Illinois. The
    complaint alleges that
    respondent
    violated Section 9.1(d)(1) of the
    Illinois Environmental Protection Act
    (Act) (415 ILCS 5/9.1(d)(1)
    (1996)
    ) and 40 CFR
    61.145(b) by failing to provide notification of asbestos demolition or renovation activity.
    1
    On August 25, 1997, the parties filed a stipulation, settlement agreement, and a joint
    motion requesting relief from the requirement of Section 31(c)(2) that proposed stipulation and
    settlement agreements be presented at hearing. 415 ILCS 5/31(c)(2) (1996). The Board
    published a notice of the waiver on August 30, 1997. No objection to the granting of the
    waiver was received. Accordingly, the Board grants a waiver from the hearing requirement.
    The stipulation sets forth facts relating to the nature, operations, and circumstances
    surrounding the claimed violations. Respondent admits the alleged violations and agrees to
    pay a total civil penalty of $4,000.
    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.
    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
    This opinion constitutes the Board’s finding 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 Frank Levato (respondent) as an
    individual, located at 4700 West Cermak Road, Cicero, Cook County, Illinois
    concerning asbestos demolition and renovation activity performed at 1201 West
    Cermak, Broadview, Cook County, Illinois. The stipulation and settlement
    agreement are incorporated by reference as though fully set forth herein.
    2)
    Respondent shall pay the sum of $4,000 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
    1021 N. Grand Avenue East
    Springfield, IL 62702
    The certified check or money order shall clearly indicate on its face
    respondent’s social security number, and that payment is directed to the
    Environmental Protection Trust Fund. A copy of the payment transmittal and
    check shall be simultaneously submitted to:
    Bradley P. Halloran
    Assistant Attorney General
    Attorney General’s Office
    Environmental Bureau
    100 West Randolph Street, 11
    th
    Floor
    Chicago, Il. 60601
    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), 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) Respondent shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    3
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) 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 145 Ill. 2d
    R. 335; 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 2nd day of October 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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