ILLINOIS POLLUTION CONTROL BOARD
September 18, 2003
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF RANTOUL, an Illinois
municipal corporation,
Respondent.
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PCB 04-28
(Enforcement - Air)
ORDER OF THE BOARD (by T.E. Johnson):
On September 3, 2003, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against the Village of Rantoul.
See
415 ILCS
5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. At issue is the People’s allegation that the Village
of Rantoul violated Sections 9(a) and 9.1(d) of the Environmental Protection Act (Act) (415
ILCS 5/9(a) and 9.1(d) (2002)) and 40 C.F.R. §§ 61.145 and 61.150. The People further allege
that the Village of Rantoul violated these provisions by demolition of a building by open burning
in violation of federal national emission standards for hazardous air pollutants (NESHAPs), by
failing to transport asbestos-containing debris to a disposal site as soon as practical following
demolition of the building, and by causing, threatening, or allowing the discharge of
contaminants so as to cause or tend to cause air pollution. The complaint concerns the Village of
Rantoul’s activities at a leased facility at the former Chanute Air Force Base at 306 Tuskeegee
Avenue, Rantoul, Champaign County.
On September 3, 2003, the People and Village of Rantoul 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). Under the proposed stipulation,
the Village of Rantoul admits the alleged violation(s) and agrees to pay a civil penalty of $4,446.
Unless the Board determines that a hearing is needed, the Board must cause notice of the
stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
hearing. 415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
Clerk of the Board to provide the required notice.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on September 18, 2003, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board