ILLINOIS POLLUTION CONTROL BOARD
    June 17, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ALLEN ROSE CEMENT AND
    CONSTRUCTION COMPANY, an Illinois
    corporation, and LINDAHL BROTHERS,
    INC., an Illinois corporation,
    Respondents.
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    PCB 97-223
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by M. McFawn):
    This matter comes before the Board upon a one-count complaint filed on June 6, 1997,
    and amended on May 12, 1998, by the Attorney General of the State of Illinois, on behalf of
    the People of the State of Illinois, against Allen Rose Cement and Construction Company, an
    Illinois corporation, located at 533 Ashland Avenue, Chicago Heights, Cook County, Illinois
    and Lindahl Brothers, Inc., an Illinois corporation located at 622 East Green Street,
    Bensenville, DuPage County, Illinois (respondents) concerning asbestos demolition and
    renovation activity performed at 9950 West Roosevelt Road, Westchester, Cook County,
    Illinois. The complaint alleges that respondents 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 May 12, 1998, the parties filed a stipulation, proposal for settlement, 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 May 21, 1998. No objection to the granting of
    the waiver was received. Accordingly, the Board grants a waiver of the hearing requirement.
    The stipulation sets forth facts relating to the nature, operations, and circumstances
    surrounding the claimed violations. Respondents admit the alleged violations and agrees to
    pay a total civil penalty of $5,000.
    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
    The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
    This settlement agreement in no way affects respondents’ 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 Allen Rose Cement and Construction
    Company, an Illinois corporation, located at 533 Ashland Avenue, Chicago
    Heights, Cook County, Illinois and Lindahl Brothers, Inc., an Illinois
    corporation located at 622 East Green Street, Bensenville, DuPage County,
    Illinois concerning asbestos demolition and renovation activity performed at
    9950 West Roosevelt Road, Westchester, Cook County, Illinois. The
    stipulation and settlement agreement are incorporated by reference as though
    fully set forth herein.
    2.
    Respondents shall pay jointly and severally the total sum of $5,000 within 30
    days of the date of this order, on or before July 18, 1998. Such payment shall
    be made by certified check payable to the Treasurer of the State of Illinois, for
    deposit into 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, Illinois 62794-9276
    The certified check or money order shall clearly indicate on its face
    respondents’ federal employer identification number (Rose #36-2353221),
    (Lindahal #36-2406130), 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, Illinois 60601
    3
    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.
    Respondents 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 17th day of June 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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