ILLINOIS POLLUTION CONTROL BOARD
    June 3, 2004
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    MARC REALTY, INC., an Illinois
    corporation, 11 EAST ADAMS, L.L.C., an
    Illinois limited liability corporation, and
    ROBERTS ENVIRONMENTAL CONTROL,
    INC., an Illinois corporation,
     
    Respondents.
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    PCB 04-100
     
    (Enforcement - Air)
     
      
      
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On December 22, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Marc Realty, Inc., 11 East Adams, L.L.C.,
    and Roberts Environmental Control, Inc. (respondents).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill.
    Adm. Code 103.204. The People allege that the respondents violated Section 9(a) and 9.1(d) of
    the Environmental Protection Act (Act) (415 ILCS 5/9(a) and 9.1(d) (2002)); 35 Ill. Adm. Code
    201.141; and 40 C.F.R. 61.145(a), (b), (c)(1), (c)(6), and (c)(8), as enforceable under Section
    9.1(d) of the Act (415 ILCS 5/9.1(d) (2002)). The People further allege that the respondents
    violated these provisions by failure to comply with standards applicable to removal of asbestos-
    containing materials and the emission of asbestos during the course of building renovations. The
    complaint concerns the 16th floor office building at 11 East Adams Street, Chicago, Cook
    County.
     
    On May 25, 2004, the People and respondents Marc Realty, Inc. and 11 East Adams,
    L.L.C. (Marc Realty and 11 East Adams) 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, Marc
    Realty and 11 East Adams neither admit nor deny the alleged violations but agree to pay a civil
    penalty of $55,000. Respondent Roberts Environmental Control, Inc. did not join in the
    proposed stipulation and settlement agreement.
     
    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
     
      
     
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    hearing. 415 ILCS 5/31(c)(2) (2000); 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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 3, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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