ILLINOIS POLLUTION CONTROL BOARD
November 6, 2003
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CHICAGO DIVERSIFIED PROJECTS, INC.,
an Illinois corporation,
Respondent.
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PCB 03-13
(Enforcement – Air)
ORDER OF THE BOARD (by M.E. Tristano):
On July 31, 2002, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Chicago Diversified Projects, Inc. (respondent).
See
415 ILCS 5/31(c)(1) (2002)); 35 Ill. Adm. Code 103.204. The People allege that respondent
violated Section 9.1(d) of the Environmental Protection Act and 40 C.F.R. 61.145(c)(3) and (6).
The People further allege that respondent violated these provisions by the improper removal of
regulated asbestos containing material. The complaint concerns respondent’s removal and
disposal of asbestos at an office/apartment complex located at 3335-3341 North Halsted,
Chicago, Cook County.
On October 8, 2003, the People and respondent filed a stipulation and proposed
settlement. On October 15, 2003, the People and respondent filed 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 respondent neither admits nor denies the alleged
violations and agrees to pay a civil penalty of $10,000.
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 November 6, 2003, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board