ILLINOIS POLLUTION CONTROL BOARD
    May 7, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    MUTUAL ASBESTOS CONTROL
    CONTRACTORS, INC., an Illinois
    corporation,
    Respondent.
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    PCB 97-52
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter comes before the Board upon a two-count complaint filed on September 13,
    1996, by the Attorney General of the State of Illinois, on behalf of the People of the State of
    Illinois, against Mutual Asbestos Control Contractors, Inc. (respondent), an Illinois
    corporation, located at 1722 West Grand Avenue, Chicago, Cook County, Illinois concerning
    asbestos demolition and renovation activity performed at various sites in Cook and DuPage
    Counties. 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) by failing to
    provide timely and sufficient notification of asbestos demolition or renovation activity.
    1
    On March 25, 1998, 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 notices of the waiver on March 30th and 31st, 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 neither admits nor denies the alleged
    violations and agrees to pay a total civil penalty of $6,000.
    The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180
    of the Board’s regulations. This settlement agreement in no way affects respondent’s
    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
    responsibility to comply with any federal, State, or local regulations, including but not limited
    to, the Act and the Board’s regulations.
    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 Mutual Asbestos Control Contractors, Inc.
    (respondent), an Illinois corporation, located at 1722 West Grand Avenue,
    Chicago, Cook County, Illinois concerning asbestos demolition and renovation
    activity performed at various sites in Cook and DuPage Counties. The
    stipulation and settlement agreement are incorporated by reference as though
    fully set forth herein.
    2.
    Respondent shall pay the sum of total sum of $6,000 concluding no later than
    April 7, 1999. Payment shall be made pursuant to the following schedule:
    a.
    $2,000 within thirty (30) days from the date of this final Board
    order approving the parties’ stipulation and proposal for
    settlement; and
    b. Thereafter a payment of $2,000 shall be due every five months
    after the due date of the previous payment.
    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
    P.O. Box 19276
    Springfield, IL 62794-9276
    The certified check or money order shall clearly indicate on its face
    respondent’s federal employer identification number 36-3376204, 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
    3
    simultaneously sent by First Class mail to:
    Genevieve M. Watts
    Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    100 West Randolph Street, 11
    th
    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.
    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 172 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 7th day of May 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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