ILLINOIS POLLUTION CONTROL BOARD
    June 17, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CERTIFIED WRECKING CO., an Illinois
    corporation,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 98-56
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter comes before the Board upon a one-count complaint filed on October 17,
    1997, by the Attorney General of the State of Illinois, on behalf of the People of the State of
    Illinois, against Certified Wrecking Co. (respondent), an Illinois corporation, located at 2201
    South Halsted, Chicago, Cook County, Illinois concerning asbestos demolition and renovation
    activity performed at various sites located in Chicago, Cook County, Illinois. 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 May 11, 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 14, 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 admits the alleged violations and agrees to
    pay a total civil penalty of $8,500.
    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
    responsibility to comply with any federal, State, or local regulations, including but not limited
    to, the Act and the Board’s regulations.
    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
    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 Certified Wrecking Co. (respondent), an
    Illinois corporation, located at 2201 South Halsted, Chicago, Cook County,
    Illinois concerning asbestos demolition and renovation activity performed at
    various sites located in Chicago, Cook County, Illinois. The stipulation and
    settlement agreement are incorporated by reference as though fully set forth
    herein.
    2.
    Respondent must pay the total sum of $8,500 within 30 days of the date of this
    order, or 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
    respondent’s federal employer identification number, 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:
    Bernard J. Murphy, Jr.
    Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    100 West Randolph Street, 11th Floor
    Chicago, Illinois 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
    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 17th day of June 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top