ILLINOIS POLLUTION CONTROL BOARD
    April 15, 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)
     
    OPINION AND 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). 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 March 11, 2004. 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
    respondents’ 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 respondents have
    satisfied Section 103.302. Under the proposed stipulation, the respondents neither admit nor
     
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    deny the alleged violations and agree to pay a civil penalty of $11,000. The Board accepts the
    stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. Best-Way Construction & Remediation, Inc., and Clinton 6 L.L.C. (respondents)
    must jointly and severally pay a civil penalty of $11,000 no later than May 15,
    2004 which is the 30th day after the date of this order. Respondents must pay the
    civil penalty by certified check or money order, payable to the Environmental
    Protection Trust Fund. The case number, case name, and respondents’ social
    security numbers or federal employer identification numbers must be included on
    the certified check or money order.
     
    3. Respondents must send the certified check or money order by first class mail to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    A copy of the check shall be sent to:
     
    Joel Sternstein
    Assistant Attorney General
    Environmental Bureau
    188 West Randolph Street, 20th Floor
    Chicago, Illinois 60601
     
    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. Respondents 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.
     
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    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on April 15, 2004, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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