ILLINOIS POLLUTION CONTROL BOARD
    December 4, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CHICAGO DIVERSIFIED PROJECTS, INC.,
    an Illinois corporation,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB
    03-13
     
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    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. (Chicago
    Diversified Projects).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People
    allege that Chicago Diversified Projects violated Section 9.1(d) of the Environmental Protection
    Act (Act) (415 ILCS 5/9.1(d) (2002)) and 40 C.F.R. 61.145(c)(3) and (c)(6). The People further
    allege that Chicago Diversified Projects violated these provisions by improper removal and
    disposal of regulated asbestos-containing material. The complaint concerns Chicago Diversified
    Projects’ office/apartment complex located at 3335-3341 North Halsted, Chicago, Cook County.
     
    On October 8, 2003, the People and Chicago Diversified Projects 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
    Chicago Sun-Times
    on October 28, 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
    Chicago Diversified Projects’ 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
    Chicago Diversified Projects have satisfied Section 103.302. Chicago Diversified Projects
    neither admits nor denies the alleged violation(s) 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. Chicago Diversified Projects must pay a civil penalty of $10,000 no later than
    January 3, 2004, which is the 30th day after the date of this order. Chicago
    Diversified Projects must pay the civil penalty by certified check or money order,
    payable to the Environmental Protection Trust Fund. The case number, case
    name, and Chicago Diversified Projects’ social security number or federal
    employer identification number must be included on the certified check or money
    order.
     
    3. Chicago Diversified Projects 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. Chicago Diversified Projects 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.
     
      
    3
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on December 4, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top