ILLINOIS POLLUTION CONTROL BOARD
    October 16, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    BIG O, INC., an Illinois corporation,
    Respondent.
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    PCB 97-130
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter comes before the Board upon a three-count complaint filed on January 31,
    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 Big O, Inc. (respondent), an
    Illinois corporation, located on Tilton Road, Danville, Vermilion County, Illinois, concerning
    asbestos demolition and renovation activity performed at the following sites: (1) 400 South
    Broadway, Urbana, Champaign County, (2) the 300 block of North Vermillion, Danville,
    Vermilion County, and (3) 301 West Seminary, Danville, Vermilion County. The
    complaint
    alleges that
    respondent
    violated Section 9.1(d)(1) of the 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 September 17, 1997, the parties filed a stipulation, settlement agreement, and a
    joint motion requesting relief from the requirement of Section 31(c)(2) of the Act 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 September 21, 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 $5,500.
    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
    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
    federal, State, or local regulations, including but not limited to, the Act and the Board’s
    regulations.
    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 Big O, Inc. (respondent), an Illinois
    corporation, located on Tilton Road, Danville, Vermilion County, Illinois
    concerning asbestos demolition and renovation activity performed at the
    following sites: (1) 400 South Broadway, Urbana, Champaign County, (2) the
    300 block of North Vermilion, Danville, Vermilion County, and (3) 301 West
    Seminary, Danville, Vermilion County. The stipulation and settlement
    agreement are incorporated by reference as though fully set forth herein.
    2.
    Respondent shall pay the sum of $5,500 within 30 days of the date of this order,
    or on or before November 17, 1997. Such payment shall be made by certified
    check 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 federal employer identification number 37-0840992, 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 of the Illinois Income Tax Act,
    (35 ILCS 5/1003
    (1996)
    ), 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.
    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.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 16th day of October 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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