ILLINOIS POLLUTION CONTROL BOARD
July 22, 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 company, and
ROBERTS ENVIRONMENTAL CONTROL,
INC., an Illinois corporation,
Respondents.
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PCB
04-100
(Enforcement - Air)
OPINION AND 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. (Marc Realty), 11 East
Adams, L.L.C. (11 East Adams), and Roberts Environmental Control, Inc. (respondents).
See
415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The complaint concerns the 16 floor
office building at 11 East Adams Street, Chicago, Cook County. Two of the parties now seek to
settle. For the reasons below, the Board accepts the parties’ stipulation and proposed settlement
as to Marc Realty and 11 East Adams. The case continues as to the remaining respondent,
Roberts Environmental Control, Inc.
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (2002)), the
Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the
People to enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2002); 35 Ill. Adm.
Code 103. In this case, the People allege that the respondents violated Section 9(a) and 9.1(d) of
the Act (415 ILCS 5/9(a) and 9.1(d) (2002)) (Act); 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.
On May 25, 2004, the People and the respondents 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). 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
June 17, 2004. The Board did not receive any requests for hearing. The Board grants the
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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
Marc Realty’s and 11 East Adams’ 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)), which bears
on the reasonableness of the circumstances surrounding the alleged violations. The stipulation
also addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2002),
as amended by
P.A. 93-575, (eff. Jan. 1, 2004), which may mitigate or aggravate the civil penalty amount.
The People and Marc Realty and 11 East Adams have satisfied Section 103.302. Marc
Realty and 11 East Adams neither admit nor deny the alleged violations but agree to pay a civil
penalty of $55,000, which the parties stipulate is greater than any economic benefit that from
delayed compliance. The Board accepts the stipulation and proposed settlement as to these two
parties.
The respondent Roberts Environmental Control, Inc. did not enter into the settlement
agreement. The docket remains open for further proceedings by the People against this
remaining respondent. The caption in any future order in this case will show Roberts as the sole
respondent.
ORDER
1. The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2. Marc Realty and 11 East Adams must pay a civil penalty of $55,000 no later than
August 23, 2004. Marc Realty and 11 East Adams must pay the civil penalty by
certified check or money order, payable to the Environmental Protection Trust
Fund. The case number, case name, and Marc Realty’s and 11 East Adams’
federal employer identification number must be included on the certified check or
money order.
3. Marc Realty and 11 East Adams must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
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
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set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2002)).
5.
Marc Realty and 11 East Adams 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. 415ILCS5/41(a)(2202);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172Ill.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 order on July 22, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
