ILLINOIS POLLUTION CONTROL BOARD
    February 5, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    TARGET STORES, INC., a Minnesota
    corporation,
    Respondent.
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    PCB 98-92
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter comes before the Board upon a six-count complaint filed on December 30,
    1997, by the Attorney General of the State of Illinois, on behalf of the People of the State of
    Illinois, against Target Stores, Inc. (respondent), a Minnesota corporation concerning asbestos
    demolition and renovation activity performed at various sites located in DuPage 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)(1), (b)(3)(i), and (b)(4)(ii) and (ix)
    by failing to provide timely and sufficient notification of asbestos demolition or renovation
    activity.
    1
    On December 30, 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 January 7, 1998. 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 $6,000.
    The Board finds the stipulation and 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 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 Target Stores, Inc., a Minnesota
    corporation concerning asbestos demolition and renovation activity performed at
    various sites located in DuPage County. The stipulation and settlement
    agreement are incorporated by reference as though fully set forth herein.
    2.
    Respondent shall pay the sum of $6,000 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 federal employer identification number 41-0848441, and that
    payment is directed to the Environmental Protection Trust Fund. A copy of the
    payment transmittal and the certified check or money order shall be
    simultaneously sent by first class mail to:
    Thomas S. Gozdziak
    Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    100 West Randolph Street, 11th 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
    (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.
    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 5th day of February 1998, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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