ILLINOIS POLLUTION CONTROL BOARD
    March 4, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    BEST-WAY CONSTRUCTION &
    REMEDIATION, INC., an Illinois
    corporation; and CLINTON 6 L.L.C., an
    Illinois limited liability company,
     
    Respondents.
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    PCB 04-4
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On July 7, 2003, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Best-Way Construction & Remediation, Inc. (Best-
    Way), and Clinton 6 L.L.C. (Clinton 6) (collectively, respondents).
    See
    415 ILCS 5/31(c)(1)
    (2002); 35 Ill. Adm. Code 103.204. The People allege that respondents violated Sections 9(a),
    9.1(d)(1) of the Environmental Protection Act (Act), Section 201.141 of the Board’s air pollution
    regulations, and 40 C.F.R. 61.145(b), (c)(3), (c)(6), and 61.150(b) of the national emissions
    standards for hazardous air pollutants (NESHAP) for asbestos. 415 ILCS 5/9(a), 9.1(d)(1)
    (2002); 35 Ill. Adm. Code 201.141; 40 C.F.R. 60.145(b), (c)(3), (c)(6) and 61.150(b). The
    People further allege that respondents violated these provisions as a result of asbestos abatement
    activities at a building located at 612 South Clinton Street, Chicago, Cook County. Clinton 6
    owned the facility and Best-Way performed the asbestos abatement activities.
     
    On February 17, 2004, the People and both respondents 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 respondents neither admit nor deny the alleged violations and agree to pay a civil
    penalty of $11,000.
     
    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 March 4, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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