BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
R~C~V~D
CLERK’S OFFICE
)
PCB
05-
1 s
OCT 22 ~(J~
DENNIS ELAHI d/b/a PARAMOUNT
)
(Enforcement
-
Air)
STATE OF
~LLll\’OiS
MANAGEMENT AND CONSTRUCTION)
PoIIut!on Control i~o~m
COMPANY,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Mjchelle
D.
Jordan
Attorney at Law
7750 SouthHoyne
Chicago, IL 60620
PLEASE TAKE NOTICE that on the
22nd
day ofOctober, 2004, I filedwith the Clerk of
the Illinois Pollution Control Board a Complaint, Stipulation and Proposal for Settlement, and
Motion to Request ReliefFrom Hearing Requirement, copies ofwhich are attached hereto and
hereby served upon you.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General ofthe
State ofillinois
By: ~
REBECCA A. BURLINGHAM
Senior Assistant Attorney General
Environmental Bureau
100 W. Randolph St., 11th Fl.
Chicago, illinois 60601
(312)814-3776
Date: October 22, 2004
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
RECE~VED
)
CLERK’S OF~r~
)
PCB
05-1
OCT
22
2~4
DENNIS ELAHI d!b/a PARAMOUNT
)
(Enforcement
-
Air)
STATE O~LU ~
oilut!On ~
0
MANAGEMENT AND CONSTRUCTION)
COMPANY,
)
)
Respondent.
)
MOTION TO
REQUEST RELIEF
FROM HEARING REQUIREMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General ofthe State of illinois, and requests relief from the hearing
requirement in the above-captioned matter. In support thereof, the Complainant states as
follows:
1.
On October 22, 2004, a Complaint was filed with the Pollution Control Board
(“Board”) in this matter. On October 22, 2004, a Stipulation and Proposal for Settlement was
filed with the Board.
2.
Section 31(c)(2) ofthe Illinois Environmental Protection Act (“Act”), 415 ILCS
5/31 (c)(2), effective August 1, 1996, allows the $rties in certain enforcement cases to request
relief from the mandatory hearing requirement where the parties have submitted to the Board a
stipulation and proposal for settlement. Section 31 (c)(2) provides:
Notwithstanding the provisions ofsubdivision (1) ofthis subsection (c), whenever a
complaint has been filed on behalf ofthe Agency or by the People of the State ofIllinois,
the parties may file with the Board a stipulation and proposal for settlement accompanied
by a request for relief from the requirement of a hearing pursuant to subdivision (1).
1
Unless the Board, in its discretion, concludes that ahearing will be held, the Board shall
causenotice ofthe stipulation, proposal and request for reliefto be published and sent in
the same manner as .is required for hearingpursuant to subdivision (1) ofthis subsection.
The notice shall include a statement that any person may file awritten demand for hearing
within 21 days afterreceiving the notice. If anyperson files a timely written demand for
hearing, the Board shall deny the request for relief from a hearing and shall hold a hearing
in accordance with the provisions of subdivision (1).
3.
No hearing is currentlyscheduled in the instant case.
4.
The Complainant requests the relief conferred by Section 31 (c)(2) ofthe Act.
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General ofthe State ofIllinois, requests relief from the requirement of a
hearingpursuant to 415 ILCS
5/31(c)(2),
effective August 1, 1996.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General ofthe
State of Illinois
By:
REBECCA A. BURLINGHAM
Senior Assistant Attorney General
Environmental Bureau.
188 W. Randolph St., 20th Fl.
Chicago, Illinois 60601
(312) 814-3776
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
RECE~VED
•
complainant,
.
.
)
CLERK’S OFFICE
•
.
-v.•-
..
~
05-1 ~
OCT 22
2004
DENNIS ELAHI d/b/a
PARAMOUNT
~. .
)
(Enforcement
-
Air)
PoVutionControo~
MANAGEMENT AND CONSTRUCTION
)
.
COMPANY,
~.
Respondent.
COMPLAINT
• Complainant, People of the State of Illinois, by LISA MADIGAN,
Attorney General of the State of Illinois, complains of Respondent,
DENNIS ELANI d/b/a PARAMOUNT MANAGEMENT AND CONSTRUCTION COMPANY, as
follows:
COUNT I
AIR POLLUTION
1. This Complaint is brought on behalf of the PEOPLE OF THE
STATE OF ILLINOIS, by LISA MADIGAN, Attorney General of the State of
Illinois, on her own motion and at the request of the Illinois EPA
pursuant to Section 31 of the Illinois Environmental Protection Act,
.
415 ILCS
5/31 (2004)
(“Act”)
.
2.
•
The Illinois EPA is an administrative agency established in
the executive branch of the State government by Section 4 of the Act,
415
ILCS 5/4
(2004),
and charged,
inter
alia, withthe duty of
enforcing the Act.
3. At all times relevant to this Complaint, Respondent, Dennis
Elahi d/b/a Paramount Management and Construction Company (“Elahi”)
was the owner and/or operator of an eight-unit apartment building
locatedat 5636 South Prairie Avenue,Chicago, Illinois (“facility”).
4. On July 24, 2003, the Illinois Eiivironmental Protection
Agency (“Illinois EPA”), received a. complaint regarding renovation
activities at the facility.
. . .
.
•
5.
.‘
On July 24, 2003, an Illinois EPA inspector inspected the
facility whIle accompanied by Elahi
6.
.
Elahi and the Illinois ‘EPA inspector went to the facility
basement, where the inspector observed what. appearedto be thermal
insulation on the
floor throughout the basement and also on pipes that
had been dismantled and placed on the floor of the basement.
7.
The Illinois EPA inspector measured approximately 180 linear
feet of thermal insulation on the disturbed pipes and more than 1
ci.iJ~ic meter that had been stripped from facility components and placed
on the floor.
.
8. Upon information and belief, Elahi had instructed his
workers to’ renovate two apartments that were located in’ the basement
of the facility, resulting in the removal and handling of the material
observed in the fadility basement.
9. During the course of this renovation work, Elahi’s ‘workers
~n the proejct were exposed to the material the Illinois EPA inspector
observed on the, floor and on pipes in the basement of the’ facility.
10. The Illinois EPA inspector collected three’ samples of the
thermal insulation present in the facility basement.
11. After securing the samples, the Illinois EPA inspector
‘tested them and confirmed that all three samples were dry and friable.
•2
12. Subsequent testing of the three samples by an’ analytical
testing laboratory confirmed that each sample contained between 20?6
and 25~chrysotile asbestos.
‘ . .
13.. After the Illinois EPA inspector’s visit on July 24, 2003,
Elahi stopped the renovation work at the facility until he retained a
licensed contractor to conduct. an asbestos assessment of the facility
basement and common areas and properly remove the asb~stos-containing
material as necessary to complete the facility renovation project.
14. Section 9(a) of the Act, 415 ILCS 5/9(a) (2004), provides as
follows:
.
‘
.
No person shall:
‘
(a) Cause or threaten or allow the’ discharge or
emission of any contaminant into the environment in
any State so as to cause or tend to cause air
pollution in, Illinois,. either’ alone or
,
in
combination with ‘contaminants from other sources,
or so as to violate regulations or standards
adopted’by the Board under this Act.
15. Section 201.141 of the Board’s Air Pollution Regulations, 35
Ill. Adm. Code’ 201.141, provides in pertinent part as follows:
No person shall’cause or threaten or allow the discharge
or emission of any’ contaminant into the environment in
any State so as, either alone or in combination with
contaminants front other sources, ‘to’ cause or tend to
cause air pollution in Illinois, or so as to violate ~he
provisions of this Chapter
. .
16. Section 3.115 of the Act, 415 ILCS 5/3.115 (2004), defines
air pollution as:’
•
‘
‘
‘
‘tAIR POLLUTION” ,is the presence in the atmosphere of one
or more, contaminants in sufficient, quantities and of
such characteristics and ‘duration as to be injurious to
human, plant, or animal life,’ to health, or to property,
or to unreasonably interfere withth,e enjoyment of life.
or property.
‘
.‘
3
17.
‘
Section 3.165 of the ‘Act,
415 ILCS 5/3.165 (2004),
defines
contaminant’ as:
‘
‘ ‘
“CONTAMINANT” is any solid’, liquid, or gaseous matter,
any odor, or any
form
of energy, from whatever source.
.18. Section 3.315 of the,Act, ~4l5
ILCS 5/3.315 (2004),
defines
personas:
‘
. ‘
‘
‘
‘
“PERSON”
is. any individual, partnership, co~parthership,
firm, company, limited liability
company, corporation,
association,’ joint stock
company, trust, estate,
political subdi’Jision, state agency,’ or any other legal
entity, or their legal representative, agent or assigns..
19.
Elahi is a “person” as, that term is defined in Section 3.315
of the Act, ‘415 ILCS 5/3.315 (2004)’.
,
,,
, “
20.’ Asbestos is a “contaminant” as that’ term is defined by
Section 3.165 of,the Act, 415 ILCS 5/3.165 (2004).
‘
21.
Elahi caused, threatened or, allowed the discharge or
allowed air pollution in Illinois, in violation of Se~tion9(a’) of the
Act, 415 ILCS 5/9(a) (2004) and 35 Ill. Adrn. Code 201.141..
WHEREFORE, Complainant, PEOPLE, OF THE STATE OF ILLINOIS,
respectfully requests that.the Board enter an order against
Respondent, DENNIS ELAHI d/b/a PARAMOUNT MMAGEMENT AND
CONSTRUCTION
COMPANY, on this,Count I:’
‘
1. Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein;
2. Finding that Respondent has caused or allowed, violations of
Section 9(a) of the Act, 415 ILCS 5/9(a) (2004)’, and 35 Ill. Adm. Code
201.141;
.
.
3.
Ordering the Respondent to cease and desist from anyfurther
violations of Section 9(a) ,of the Act and 35 Ill. Adm. Code 201.141;
4.
‘Assessing a civil penalty of $50,000.00 against Respondent
for each violation of the Act and pertinent Board regulations, with an
additional penalty of $10,000.00 per day for each day that the’
violations
continued;’
‘
‘
‘
‘
‘ ‘ ‘
5.
.
Taxing all costs in this action, including expert witness,
consultant and attorneys fees, against Respondent; and
6.
Granting such other relief’as the Board deems appropriate
and just.
5
COUNT II
INSPECTION AND NOTIFICATION VIOLATIONS
‘1
-
15’., Complainant realleges arid incorporates herein by’
reference paragraphs 1 through 13 and 18 through 19 of.Count I as
paragraphs 1 through 15 of this Count .11.
16. Section 9.l(d)(l). of the Act, 415 ILCS5/9.1(d) (1) (2004),
provides as follows:
.
‘
No person shall:,
‘
,
.
‘
• ‘
(1) Violate any provisions of Sections 111, ‘112,’ 165, 173
‘of the Clean’Air Act, ‘as now or hereafter amended, or
federal regulations adopted pursuant thereto.
17. Section ‘112(b) (1) of the Clean Air Act, (.“CAA”), 42 USC
7412(b) (1) (2002), provi4es in pertinent ~part as follows:
(b)
List of Pollutants.
‘- ‘
.
(1) Initial list.
-
The’Congress establishes for
• ‘
‘ ‘
purposes of this section a list of hazardous
air pollutants as
follows:
CAS number
Chemical name
***
1332214
,
‘
,
Asbestos
***
,
.18. Section 112 (c) of the CAA,
42 ‘USC 7412(c) (.2002); provideà
in pertinent part as follows:
. ‘
• .
(c)
List of Source ‘Categories.
-
(1) In general.-. Not later than
12 months after
the date of enactment of the Clean Air Act
Amendments of 1990, the Administrator, shall
publish, ‘and shall.from time to
time, but no
less often than, every 8 years, revise, if
appropriate, in response to public comment or,
new information, a list of all categories and
subcategories of major sources and area
sources (listed under paragraph (3)) .of the
• air pollutants listed, pursuant to subsection
(b).,
. ‘.
‘
.6
(2) Requirement for emissions standards.- For the
categories and subcategories the
Administrator lists, the Administrator shall
establish
‘
emissions’ standards
.
under
subsection Cd), according to the schedule in;
this subsection and subsection (é)
(3) Area sources.- The Administrator shall list
under this subsection each category or
subcategory of ,area sources which the
Administra?or finds presents. a ‘threat of
adverse effects to human health or ‘the
environment (by such sources individually or
in the aggregate) warranting regulation under
this section.
.
(4) Previously .regulated’’ categories.- The
AdministratOr, may, in the Administrator’s
discretion, ‘list any category or subcategory
of sources previously regulated under this
section, as in effect before the date of
‘enactment of the Clean Air Act Amendments of
1990.
‘
.
.
*
, *
*
. .
.
.
19. Section 112(d) (1) of the CAA, 42
USC ‘7412(d) (1) (2002),
provides in pertinent part as follows:’
Cd) Emission standards.-
‘
(1) In general.
-
The Administrator shall
promulgate regulations establishing emission
standards for each category or subcategory of
major sources
and area sources ‘of hazardous
air pollutants listed
for’ regulation pursuant,’
to subsection (c) in accordance with the
schedules’ provided in’ subsections (c) and
(e)
. . .
,
20. Section 112(h) (1)’ of the CAA,’ 42 USC 7412(h) (1) (2002),
provides in pertinent part as follows:
‘
‘•
.
(h) Work practice sta.ndards and other re’quirénients.
-
(1) In’general.
-
For, purposes of this sectiOn,
if it is notfeasible in,the judgment of the
Administrator to prescribe or enforce an
• emission standard for control of a hazardous
air pollutant, or pollutants,
.
the
‘Administrator may’, in’ lieu thereof,’
promulgate an design, equipment, work
practice, or, operational standard, or
combination thereof, which
,
in the
7
Administrator’s’ jud~ment is’ consistent with
the provisions of.subsection (d) ‘o~ (f)’of
this section...’
. ‘
,
21., On June ‘19,: 1978, the. Administrator determined that work
practice standards rather than ‘emission ‘standards are appropriate in the
regulatiOn of’asbestos.
,
. .
. ,
22. Section 112(f) (4) of the cAA, 42 USC 7412(f) (4) (2002),
.p~ovideS
in. pertinent part ‘as follows:
‘ .
.
‘(4). Prohibition.
-
No air pollutant to which a standard
under this subsection applie,s may be
emitted from’
any stationary source’ in violation of’ such
standard.,
. . ,
‘
23. Pursuant to section 112 ‘of .‘the CA~,
.
the United States
Environmental Protection Agency has promulgated National Emission
Standards for Hazardous Air Pollutants (“NESHA.Ps”) at 40 CFR Part 61
(July 1, 2003).
. .‘ .
.
24. USEPA’s NESHAP regulation applicable to the production, use,’
removal, and disposal of asbestos is promulgated at 40 .CFR. Part 61~
Subpart M
-
National Emission Standards for Asbestos. ‘40 CFR 61, Subpart
M (July 1, 2003)
.
.‘
‘
.‘
.
25’.’ ,USEPA’
S
NESHAP regulation applicable ‘to all.s.tationary sources
for which a standard
~
prescribed under 40 CFR : P~rt 61, including
sources, subject to 40 CFR 61, Subpart M, is promulgated at 40 CFR 61,
Subpart A
—
General Provision~.
.
40 CFR 61, Subpart A (July 1, 2003).
26. Section 61.02 of’ th~NESHAP general provisions, 40 CFR 61.02
(July’l, 2003), provides in pertinent part as ‘follows:
The
.
terms used in this part are defined in’ the Clean
Air Act or in’this section as follows:
,
*
*
,*
‘
.
.
.
8
Administrator
means the Administrator’ of the’ U.S.
Environmental
.
‘Protection
Agency or his authorized
representative.
.
‘
*
*
*,
Stationary ‘sourthe
means any building,
.
s&ucture,
facility, or ‘installation which emits or may emit any
air pollutant which has been designated as hazardous by
the Administrator.
‘
‘ ‘ ,‘
***
‘
27.
SeOtion 61.04 of the
NESHAP
general provisions, 40 CFR 61.04’
(July 1, 2003), provides in pertinent part as
follows:,
(a) All requests, reports, applications,, submittals,
and other communications to the Administrator
pursuant to this part shall be submitted in
duplicate to the appropriate Regional Office of the
U.S. Environmental Protection, Agency to the
attention of the Director of the Division “indicated
in the following list of EPA Regional Offices
.,.
*
‘
*
*
.
‘
‘
.
‘
.
(b)
. ‘. .
If the authority to implement’and enforce a
standard under
this part ‘has been delegated to a.
State, all information required to be submitted to
USEPA under paragraph (a) of this sectiOn shall
also be submitted to’ the appropriate State agency.
28. USEPA has granted th~ Illinois EPA delegated authority to
implement and enforce the 40 CFR Part .61 NESHAPs’for stationary
sources located’ within Illinois. 40 CFR’ 61.04(b) (0) (July 1, 20,03)
29. Section 61.141 of’the asbestos’ NESHAP,, 40
CFR
Gl.l4l(July
1, 2003), provides in pertinent:part., as follows:
. ,
All terms that are used in “this subpart and are
not
defined below are given the same tneaning,as in the Act
and in subpart A of this part.
• ,
***
‘‘
‘
9
• Asbestosrrieans the asbestif~r’mvàrietie~of serpentinite
(chrysotile), riebeckite (crocidolite), ‘cutnmingtonite-
grunerite, anthophyllite, and actinolite-tremolite’.
*
‘
,*
*.
• Category I nonfri able asbestos-containing material (ACM)
means asbestos-containing packings,, gaskets, resilient
floor covering, and asphalt roofing products
‘containing
more than 1 percent asbestos as, determined using the
method specified in appendix E, ‘subpart E,. 40 CFR part
• 763, sectionl, Polarized Light Microscopy.
Category II nonfriable asbestos-containing material’
(ACM)
means any material, excluding Category ‘I
nonfriable ACM, containing more than 1 percent .asbestos
.as determined using the method~specified in
appendix A,
subpart F, 40 CFR part 763, section 1, Polarized Light
Microscopy that, when dry, cannot be crumbled,
pulverized, ‘or reduced to’ powder by hand pressure.
*
‘*
.*
‘
Demolition
means’the wrecking or taking out of any load-
supporting structural member of a facility together with
any related handling
operations “or the intentional
burning of ‘any facility.
‘
‘
.
*
*‘
*.
.
‘
‘
Facility
‘means any institutional;
commercial, public,
industrial,, orresidential structure, installation, or
building (including any structure,~ installation or,
building containing condominiumsor individual dwelling
units operated .as a residential cooperative, but
excluding residential’ buildings. having’ four or ,fewer
dwelling units); any ‘ship; and ‘any active or inactive
waste’ disposal site.
For purposes of this definition,
any building, structure, or installation
that contains
a loft used as ,a ‘dwelling’.
.is not considered a
‘residential structure, installation, or building. Any
structure, installation or building that was previously
subjeàt to this ‘subpart is’ not excluded, regardless of
its current use or function.
,
Facility component
means any
.
part of
•
a facility
.including equipment.
, , . . . ‘ ‘
Friable asbesto.~material’
means any material containing
more than 1 percent asbestos as determined using the
method specified’ in appendix A,’ subpart F, 40 CFR 763
‘section 1, Polarized Light Microscopy,, that, when dry
10
can be crumbled, pulverized, or reduced to powder by
hand pressure. If ‘the asbestos ‘content is less
than. 10
percent as
,
determined
.
by’ a method other ‘than point
counting by polarized light microscopy (PLM), verify the
asbestos content by point, counting using PLM.
*
*
.
....
.
,
Owner or operator of ~ demolition or renovation activity
means any person who owns, leases, operates, controls,
or supervises the facility being demolished or renovated
or any person who owns, leases, operates, controls, or
supervises ‘the demolition or renovation operation, or
both.
‘
‘
***
Regulated asbestos-containing material
(RACM) means (a)
Friable asbestos material, (b) Category Inonfriable ACM
that has become friable,
(c) Category I nonfriable ACM
‘that will be
or has been subjected to sanding,
grinding,
cutting or abrading, or Cd) Category II nonfriable ACM
that has a high probability of becoming or has become
crumbled, pulverized, or reduced to powder
by the forces
expected to act on the material in the course of
demoli?ion or renovation operations regulated by this
subpart.
,.
.
. .
..
Remove
means
to take out RACM or facility components.
that contain or are covered with RACM from any facility.
•
Renovation
means altering’ a facility or one or more
facility components in any way, including the stripping
or removal of
•
RACM from a facility, component.
•
.
Operations in which load-supporting structural members
‘are wrecked or taken out are demolitions.’
30. Th~-apartme—~1d~g---1OCat8d-_at_S6~South Prairie Avenue,
Chica~O, Illinois 60637 is a “facility” as that term is defined, in 40
CFR 61.141 and a “stationary source” as that term is defined in 40 CFR
61
.
02.
‘
31. The removal of pipes and the cutting.and stripping of
asbestoS”cOntainiflg material from facility components at the facility
constituted “renovation” as that term is defined in 40 CFR 61.141.
11
‘
32.
Elahi,
as the owner and/or operator. of the facility being
renovated, and, ‘as the person operating, controlling or supervising the
~enovatiOfl operation, was”the “owner or operator of a. renovation
activity,” as that term is, defined in
40 CFR 61.141.
33.
The
asbestOs-containing
material observed
in the,fácility
basement by the Illinois EPA inspector on July 24,, 2003 was “regulated
asbestos-Containing material” .(“RACM”) as that’term is defined in 40
CFR 61.141, because’ (a) it contained greater than 1 asbestos and (b)
it was friable and/or was Category II nonfriable ACM that had a high
probability of becoming or had become crumbled, pulverized, or reduced
to powder as a result of forces applied to the material in, the’ course
of Respondent’s renovation project.
, ‘ ,
34. Section 61.145(a) of the asbestos NESHAP, 40 CFR 61.145(a)
(July 1, 2003), provides in pertinent part as follows:
(a)
Applicability.
To determine which requirements of
•
.
paragraphs (a) (b) and Cc) of this Section apply to
the owner or operator of
a demolition or re~iovation
activity
and prior to the commencement of the
demolition or renovation, thoroughly inspect the
•
affected facility or part of the facility where the
demolition
or renovation operation will occur for
the presence of asbestos, including Category I and
Category II nonfriable ACM.
‘
The requirements of
paragraphs (b) and (c) of this section apply to
each owner or operator of .a demolition or
renovation activity, including the remoi.~al of RACM
as follows;
**
(4)’ In a facility being renovated, including any
individual nonscheduled renovation operatiOn,
all the requirements of paragraphs Cb) and
(c) of this section apply if the combined
amount of RACM to be stripped, removed,
dislodged, cut, drilled, or similarly
disturbed is
,
‘
.12
•
‘
(1)
At least .80 ‘linear’ meters (260 linear
‘
feet) on pipes or at least’ 15 square
‘meters
(160 square
‘
feet)
on bther
facility components, or
‘
,
(ii) At least 1
cubic meter (35 cubic f~et)
of f: facility components’ where
.
the.
length or area could not be measured
previously.
.
.
‘
*
*
. ,*
,
35.
Section 61.145(b), of the asbestos NESHAP, 40 CFR 61~14~(b)
(July 1, 2003), provides
in pertinent part, as
follows:
. ‘
(b)
Notification reg~zirements.
Each owner or operator
of a demolition or renovation activity, to which
this section applies shall:
, ‘
(1)
‘
Provide the Administrator with written notice..
of intention
to
.
demolish ,or renovate.
‘Delivery of the ,notice by U.S.
Postal
Service, commercial delivery service, or hand
delivery is acceptable.
.
***
.
.
‘
.
.
.
(3)
Postmark or deliver the notice as’follows:
(1)
At
least’
10
working
days
before
asbestos stripping or removal work’or
any other activity begins (such as site
preparation that
.
would
.
break
,
up,
dislodge, or’ similarly disturb asbestos
material), if the operation is
described in paragraphs (a) (1), and. (4)
(except
(a)
(4)(iii) and (a) (4) (iv)) of
this section.
. .
36.
‘
Elahi, as owner Or operator of a renovation activity, failed,
to conduOt a thorough inspection bf the faOility for the, presence of
asbestos and the quantity of asbestos present prior to comm~ncin~’
renovation activities, in violation of Section 112(f), (4) of the CAA.,
• 42 USC 7412(f) (4) (2002),.Section 61.145(a)
of the asbestos NESHAP, 40
,
CFR 61.145 (a) (July 1, 2003), ‘and Section,9.1(d) of the ‘Act, 415 ILCS
5/9.1(d) (2004).
•
‘
“ , ‘
.
13.
37.
‘
Elàhi, as owner’ or operator of a ~ex~ov.tionactivity, failed’
to provide the Illinois EPA with written notice of its intention ‘to’~
renovate a facility containing more th~n,1 cubic meter of asbestos at
least 10 working days before asbestos ‘stripping .or removal work began,
in violatiOn of $ection 112(f) (4) ‘of th~CAA, 4? USC .7412(f) (4).
(2002), Section 61.145(b) of the asbestos NESHAP, 40’ CFR.61.145(b)
.
(July 1,, 2003),’ Section ‘61.04(b) of’the NE~HAP‘general provisions, 40
CFR 61.04(b) (July 1,, 2003), ‘and Section ~.1’(d)of the Act, 415 ILCS,
5/9.1(d) (2004).
‘
‘
,
‘ “ ,
WHEREFORE, Comp’lainant.~ PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that th’e Board enter an order against
.
Respondent, DENNIS ELLAHI d/b/a PAR~NOUNT’MANAG’EMENTA1’~JD CONSTRUCTION
COMPANY, on ‘this Count II:
:
‘
., . .
‘
‘
. ,
1. Authorizing’a.hearinginthismatter at which time the
Respondent. will be required to answer the’ allegations. herein;
2. Finding that Respondent caused or alloWed violations of
Section 9.1(d) Of the Act, 415 ILCS 5/9.1(d) (2004), Section 112(f) (4)
of the
.CAA,
42 USC 7412 (f) (4) (2002), and 40 CFR 61.04(b) and 61.145 (a)
and (b) (July 1, 2003);
,
,
‘ , ‘
‘
.
~____-_._.—-—3-~ ~
violations,of Section 9.1(d) of the Act, Section 112(f) (4) of the’ CAA,
~nd 40 CFP. 61.04(b) andGl.145(a) ‘and (b);
‘
‘
4. Assessing a civil penalty of .Fifty Thousand Dollars
‘
($50,000.00) against Respondent for each and every violation of the
‘
Act and pertinent regulations, with
an’
additional
‘penalty of Ten
Thousand Dollars ($10,000.00) per day for each day of violation;
14
5. Ordering Respondent to pay all costs, including attorney,
expert witness and ~onsultant ‘fees
expended by the State in its
pursuit of this action; and
,
. ‘
6. Granting such’other relief as this
Board deems appropriate
and just.
,
‘ .
.
.
‘ .
UNT III
,
FAILURE TO FOLLOW PROPER EMISSION CONTROL PROCEDURES
1
-
34.
,
Complainant realleges and incorporates herein by.
,reference paragraphs 1 through 13 and 18 through 19 of Count I and
paragraphs 16 ‘through 3 of Count II as paragraphs 1’ through 34 of
this Count II.
.
‘
..
‘
.35. Section 61.145 Cc) of the’ asbestos NESHAP, 40 CFR 61.145(c)
(July 1, 2003),, provides’ in pertinent part as follows:
Cc)
Procedures for asbestos emission
control.
mach
owner. or operator of a’ demolition or renovation
activity to whom this paragraph applies, according
to paragraph (a) of this section, shall comp1~with
the following procedures:
,
.
(1)
,
Remove all ‘RACM from’ a facility: being
demolished or renovated before any activity
begins that would break up, dislodge,, or
similarly disturb the material or preclude
access to, the material for subsequent,
removal.,
,
.
.
‘
*
*
*
,‘
(2) When a facility component’ that contains, is
covered with, ,or is coated with RACM is
being taken out of the facility as a unit.
or in.sections:
:
(i) Adequately wet, all RACM exposed during
• cutting or disjoining operations; and
(ii) Carefully lower each
unit
or section
to the floor and,to ground level, not
dropping, throwing, sliding, or
otherwise’ damaging or disturbing the
RACM.
.
‘
15.
(3)
When’RACM is stripped from ‘a’ facility
component while it remains in place in ‘the,
facility, adequately wet the RACM during
the stripping operation.
*
.*
*
(6). For all
RACM, including material, that has
been removed or stripped:
.
‘.
(i) Adequately wet the material and ensure
that itrernains wet until collected and
contained or t~eateain preparation for
disposal in accordance ,with §61.150;
and
‘
(ii) Carefully lower, each unit
or section to
•
the floor and. to ‘ground level, not
dropping, throwing,
, ‘
sliding, or
otherwise damaging or disturbing the
.P.ACM.
*
,‘*
(8) ‘Effective 1 year after: prdmulgation of this
regulation, no’ RACM ‘shall be’ stripped,
removed, or otherw,ise handled or disturbed at
a. facility’regulated by this section unless
,at least one onsite..representative, such as
a foreman or management-level person or other
authorized representative, trained in the
provisions of this regulation and the means
• of complying with them,,’ is present.
*
*
.
,,
36. ,Elahi, as owner or operator of a renovation activity, failed
to remove all RACM from a, facility being’. renovated before beginning .a~
activity that would break up, dislodgè, or similarly disturb the
material, in violation of Section 112(f) (4) of the cAA, 42 USC
7412(f) (4) (2002), Section,61.145(c) (1) of thè’asbestos NESHAP, 40 CFR
61.145(c) (1) (July, 1, 2003), and Section 9.1(d). of the Act,’ 415 II.~CS’
5/9.1(d) (2004)’.
. .
,
37.’ Elahi, as,owner or operator of a renovation activity, failed
to adequately wet P~CMexposed during cutting or d±sjoiningoperations
16
during removal of facility components which
were being ~taken out ,of,
the facility in sections, in violation of Section 112(f) (4) of the
CAA,
42 USC 7412(f) (4) (2002), Section 61.145(c)
(2) of the asbestos
NESHAP (July 1, 2003), .40’CFR 61.145(c) (2), and,Section 9.1(d) of.the’
Act, 415 ILCS 5/9 1(d) (2004)
38.
,
Elahi,
as owner or operator of
a
renovation activity, failed
to adequately wet all RACM and ensure that.it remained wet until
collected and contained or treated in preparation for disposal in
,
accordance’ with Section 61.. 150 ‘of the asbestos NESHAP, in violation of,
Section 112 (f) (4) of the CAA, 42 USC. 7412 (f) (4) (2002),, ‘Section’
61.145, Cc) (6) of the asbestos NESHAP, 40 CFR 61.145 Cc) (6),(July 1,
2003), and Section 9.1(d) of the’Act, 415 ILCS 5/9.1(d) (2004)
.
39. Elahi, as owner or operator of a renovation activity, failed
to ensure that at least one
on-site representative’ trained
in the
provisions of the asbestos NESHAP and’ the means of complying with its
requirements was present at the facility while RACM was being
stripped, removed, or otherwise handled, or’disturbed at the facility,
in violation of Section 112 (f) (4) of the CAA, 42 USC 7412 (f) (4)
(2002)
,
‘Section 61.145 (c) (8) of the asbestos NESHAP, 40 CFR
61.145(c) (8) (July 1; 2003), and’Section’9.1(d) of the Act, 415 ILCS
5/9.1(d) (2004).’
,
. ‘ . ‘. ‘
‘ :‘
‘ ‘ ,
.‘ ,
WHEREFORE, Complainant, PEOPLE OF THE STATE QF ILLINOIS,
‘
‘
respectfully requests, that the Board enter anorder against
Respondent, DENNIS ELAHI d/b/a PARAMOUNT MANAGEMENT AND CONSTRUCTION
COMPANY, on this Count’III:
‘
‘
,
‘
‘
‘
1. Authorizing a hearing in this ma~ter’a’twhich time’the
Respondent will be required to answer the allegations herein;
2.
•
Finding that Respondent caused or allowed violations of
Section 9.1(d) o~ the.Act, 415 ILCS 5/9.1(d) (2004), section 112(f) (4)
of the cAA, 42 ‘USC’ 7412 (2002)
,
and 40 CFR 6.. 145 Cc) (1), (2)
,
(6), ‘and
(8) (July. 1, 2003);
, .
‘
‘
3.
.
Ordering .the Respondent to cease and’ desist from an~further
violations of Section 9.1(d) of the Act, Section’ 112(f) (4) of the CAA,
and 40 CFR 61.145(c)(1) (2), (6), and (8)~
‘ -
4. Assessing’ a cisiil.perialty’~f Fifty ThOusand Dollars’
($50,000.00.) ‘against Respondent for each and every ~rio1ationof the
Act and pertinent regulations, with an additionaJ penalty of Ten
Thousand Dollars ($10,000.00) per day for each day of.violation;
5. Ordering Respondent to pay all costs, including attorney,.
expert witness and consultant’ fees expended by the State in its
pursuit of this action; and
6. Granting ‘such other relief as this Board deems appropriate
andjust.
‘ ‘
. .‘
.
‘,
COUNTIV
‘
‘
IMPROPER STORAGE AND DISPOSAL OF ASBESTOS-CONTAINING WASTE
MATERIAL
1
-
34. Complainant’ realleges ‘and incorporates herein by
reference paragraphs 1 through 13 and 18 through .‘l9 of Count I and
paragraphs 16 through. 34’ of Count II as paragraphs 1 through 34 of
this Count II.
,
,
. ‘.
.
18
35.
Section 61.150 of the asbestos NESHAP, 40 CFR 61.150 (July’
1, 2003)’,
provides in pertinent part as follows:
Each owner or~operator of any source covered under the
provisions of §~61.l44, 61.145, 61.146, and 61.147shall
comply with the following provisions:
Ca) Discharge no visible’ emissions to the outside air
during ‘the collection, processing (including
incineration), packaging, or transporting of .any
asbestos-containing waste material generated by the,
source, or use one ‘of the emission control and
waste
treatment methods’ specified in paragraphs
(a) (1) through (4) of this section.
(1) Adequately wet asbestos-containing waste
material as follows:
Ci) Mix control device asbestos waste to
form
a slurry; adequately wet other
asbestos-containing ‘waste
material;
and
,
‘
. ‘
(ii) Discharge no visible emissions to the
outside air from collection, mixing,
wetting,, and handling operations, or
use the methods specified by §61.152
to clean emissions containing
‘particulate asbestos material
,
before’
they escape to, or are vented’ to, the
outside air;’ and
(iii) After wetting,
.
seal all asbestos-
containing waste material in leak-
tight containers while wet; or, for
materials that will, not fit into
containers without additional
breaking,, put materials into leak-
tight wrapping;’ and
(iv)
.
Label the containers or wrapped
materials specified j~: paragraph
(a) (1) (iii) of this section using
warning labels ‘specified by
Occupational Safety and Health,.
Standards of’the Department of Labor,
Occupational Safety., and Health
Administration (OSHA) under 29 CFR
1910.1001(j) (2) or 1926.58,Ck) (2) (iii)’.
The labels shall be printed in letters
of sufficient size and contrast so as
•
to be readily visible and.
legible.
(v) For asbestos-containing waste material
to be transported off the facility
site, label:, containers or wrapped
materials with the name of the waste
19.
‘
,
.
‘
generator and the location ‘at whic’h
the waste was generated.
. ‘
. ‘ ,
**
.
(b) All asbestos-containing waste’ m~téria1 shall be
• ‘
deposited as soon as is practical by, the waste
‘generator at:
.
Cl) A waste disposal ,si~e operated in accordance
with the provisions of’~6l.154, or’
(2) An EPA-approved site tha,t converts RACM and
asbestos-containing waste
‘
material into
• ‘ ,
nonasbestos
(asbestos-free)
,,
material.
according to the provisions of §6l.15S~
*
*
*
~.
36. Elahi, “as owner or operator of a renovation,activity, failed
to pr~oper1yhandle and store ‘the asbestos-containing waste material
observed by the Illinois EPA inspector on July 24, 2,003 by adequately
witting it, sealing it.in leak-tight containers or a leak-tight
wrapping while wet, providing legible’ and readily visible warning
labels for the containers, or wrapped materials inaccordance with OSHA.
regulations, and labeling the containers or wrapped rnaterials’with the
name of the waste generator’and the location where the asbestos-
containing Waste material was generated, in violation of Section
112 (f) (4) of the CAA, 42 USC 7412 (f)C4) (2002) Section 61.150 (a) (1) of
the asbestos NESHAP, 40. CFR 61.150 (a) ,(1) (Quly 1, 2003)
,
and Section
9 lCd) of the Act, 415 ILCS 5/9 1(d) (2004)
37.
‘
Elahi, as’ownér or operator’of a renovation activity, failed
to dispose of the asbestos-containing waste ,a~soon as practical at a.
waste disposal site operated in accordance with Section 61.154 or
approved by T.~SEPAin.accordance with Section 61.155 of ‘the asbestos
NESHAP, in vio1~.tionof Section 11.2(f) C4) of the c~, 42 USC’
.
7412(f)(4) (2002), section 61.150(b) of the~asbesto’s.NESHAP, 40 CFR
‘20’
.
61.150(b) (July 1, 2003),
and
Section 9.1(d) of:the Act, 415’ILCS
5/9. 1(d) (2004).’
.
.
.
‘ ,
‘
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter.an order against.
Respondent, DENNIS ELAHI d/b/a PARAMOUNT MANAGEMENT AND CONSTRUCTION
COMPANY~ on this Count IV:
‘
1.
‘
Authorizing a hearing in this matter at ,which time the
Respondent will be required to answer the allegations herein;
2. Finding that Respondent caused or allowed violations of
Section 9.1(d) of the Act, 415 ILCS 5/9.1(d) (2004), Section, 112(f)’(4)
of the CAA, 42 USC 7412 (2002), and 4,0 CFR 61.150 Ca) (1) ‘and (b)(July
1, 2003);
‘
‘
.
3. Ordering the Respondent to cease and, desist’ from any further
violations, of. Section ‘9. 1(d) of, the Act, Section 112 (f) (4) of the CAA,
and 40 CFR 61.150(a) (1) and (b);
4. Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00) against Respondent for each and every violation Of the
Act and pertinent regulations, with an additional penalty of Ten
Thousand Dollars ($10,000.00) per day for each day of violation;
‘
s.
Ordering Respondent to pay all’ cost,s, including attorney,’
expert witness and’consultant fees expended by the,State in its
‘
pursuit of this action; and
‘.
. .
,‘
.
‘‘ ,,
21
L
6.
‘
Granting’such other relief’ as this BOard deems apprOpriate
and just.’
,..
.
‘ ‘ ‘
.
,,
,
;
PEOPLE OF, THE’ STATE OF ILLINOIS
LISA MADIGAN,
‘
.
,‘
Attorney General of the
,
State of Illinois
‘
.
‘MATTHEW
iL
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
‘ .
,
By:
7\
~
lO11A~LU~447P—~--
‘
RO
‘ ‘
E.CAZF~, Chief
.
nvironrnental reau,
‘
‘
Assistant’ Attorney General
Of Counsel:
REBECCA A. BURLINGHAM
Senior Assistant ‘Attorney General
Environmental Bureau
,
188 West Randolph Street, 20th Floor
Chicago, IL 60601
‘ ‘
(312) 814-3776
22
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECE~VED
PEOPLE OF THE STATE OF ILLINOIS,
)
CLERK’SOFFICE
OCT 22 2O~4
Complainant,
)
i
STATE OF
PCB 05—
I
Pollution Ca~,rr~ ‘~“
v.
(Enforcement
-
Air)
DENNIS ELAHI d/b/a PARAMOUNT
-
MANAGEMENT AND CONSTRUCTION COMPANY,, )
Respondent.
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney General of the State of Illinois, the Illinois
Environmental Protection Agency
(“Illinois EPA”), and DENNIS ELAHI
d/b/a Paramount Management and Construction Company (“Elahi”) have
agreed to the making’ of this Stipulation and Proposal for’ Settlement
(“Stipulation”) and submit it to the Illinois Pollution Control Board
(“Board”) for approval. The parties agree that the statement of facts
contained herein represents a fair summary of the evidence and
testimony that would be introduced by the parties if a hearing were
held. The parties further, stipulate ‘that this statement of facts is
made and agreed upon for purposes of settlement only and that neither
the fact that a party has entered into this Stipulation, nor any of
‘the facts stipulated herein, shall be introduced into evidence in any
other proceeding regarding the claims asserted in the Complaint except
as otherwise provided herein. If.the Board approves and enters this
Stipulation, Respondent agrees to be bound by the Stipulation and
1
Board Order and not to contest their validity in any subsequent
proceeding to implement or enforce their terms.
I.
JURISDICTION
The Board has jurisdiction of the subject matter herein and of the
parties consenting hereto pursuant to the Illinois Environmental
Protection Act (“Act”), 415 ILCS 5/1
et seq~
(2004)..
II.
AUTHORIZATION
The undersigned representatives for each party certify that they
are fully authorized by the party whom they represent to enter into
the terms and conditions of this StipulatiOn and to. legally bind them
to it.
III.
STATEMENT OF FACTS
A.
Parties
.
, ‘
‘ ‘.
‘
‘
1.
‘
Concurrently with. this Stipulation., a Complaint was filed on
behalf of the People of the State of Illinois by Lisa
Madigan,
Attorney General of the State of Illinois,, on her own motion and upon
the request of,the Illinois EPA, pursuant to Section 31 of the Act,
415 ILCS 5/31 (2.004), against Elahi.
2. The Illinois EPA is an administrative agency of the State of
Illinois, created pursuant to Section 4 of the Act, 415 ILCS,5/4
2
•(2004)
3. At all times relevant to the Complaint, Elahi was and is an
individual doing business as Paramount Management and Construction
Company.
B.
‘Facility Description
At all times relevant to the Complaint, Elahi owned and/or
operated an
eight-unit apartment
building located at 5636 South
Prairie Avenue, Chicago, Cook County, Illinois, 60637 (“facility”)
C. Allegations of Non-Compliance
1. Complainant contends
that Elahi has violated the following
provisions of the Act and Board regulations:
Count I:
‘
Air Pollution, in violation of Section 9(a) of
the Act, 415 ILCS 5/9(a) (2004), and 35 Iii.
Adm. Code 201.141.
Count II: Asbestos Inspection and Notification
Violations, in violation of Section 9.1(d) of
the Act, 415 ILCS 5/9.1(d) (2004), and 40 CFR
61.04(b) and 61.145(a) and (b) (July 1, 2003)
Count III: Asbestos Emission Control Violations, in
violation of Section 9.1(d) of the Act, 415
•
ILCS 5/9.1(d)(2~04), and 40 CFR 61.145(c) (1),
(2)
,
(6)
,
and (8) (July 1, 2003)
Count IV: Asbestos-Containing Waste Storage and Disposal
Violations, Section 9.1(d) of the Act, 415
ILCS 5/9.1(d) (2004), and 40 CFR 61.150(a) (1)
and (b) (July 1, 2003)
ID.
Adxnissionof Violations
Elahi neither admits nor denies the violations alleged in the
Complaint filed in
this matter and referenced herein.
3
E. Compliance Activities to Date
After the Illinois EPA inspector’s visit on July 24, 2003, Elahi
stopped the renovation work at the facility until, the company retained
a properly-licensed contractor to ‘conduct an asbestos assessment of
the facility basement and common areas and properly remove asbestos-
containing material as necessary to complete the facility renovation
project.
,
.
IV.
APPLICABILITY
This Stipulation shall apply to and be binding upon the
Complainant and the Respondent.
V.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of Elahi
to comply with any other federal, state or local laws or regulations
including, but not limited to, the Act and the Board regulations, 35
•Ill. Mm. Code, Subtitles A through H.
4
VI.
IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
‘Section 33 Cc) of the Act, 415 ILCS 5/33 (c) (2004), provides as
follows:
In making its orders and determinations, the Board shall
take into consideration all the facts and circumstances
bearing upon, the reasonableness of the emissions,
discharges, or deposits involved including, but not
limited to:
1. the character and degree of injury to, or’
interference with the protection of the health,
general welfare and physical property of the
people;
2. the social and economic value of the pollution
source;
3. the suitability or unsuitability of the pollution
source to the area in which it is located,
including the question of priority of location in
the area involved;
4. the technical practicability and economic
reasonableness of reducing or eliminating the
emissions, discharges or deposits resulting from
such pollution-source; and
5. any subsequent compliance.
In response to these factors, the parties state the following:
1. Human health and the environment were threatened and the
Illinois EPA’s information gathering responsibilities hindered’ by
Elahi’s violations.
2. There is social and economic benefit to the facility.
3. Operation of the facility was suitable’ for the area in which
it occurred.
4. Compliance by Elahi with the National Emission Standards for
Hazardous
Air Pollutants (NESHAP) for asbestos is both technically
5
practicable and economically’ reasonable.
5. Elahi has subsequently complied with the Act and the Board
Regulations.
VII.
CONSIDERATION OF SECTION 42 (h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h) (2004), provides as
follows:
In determining the appropriate civil penalty to be
imposed under
. . .
this Section, the Board is
authorized to consider any matters of
record in
mitigation or aggravation of penalty, including but not
limited to the following factors:
1. the duration and gravity of the violation;
2. the presence or absence of due diligence on the
part of the respondent in attempting to comply with
requirements of this Act and regulations thereunder
or’to secure relief therefrom as. provided by this
Act;
3.
.
any economic benefits accrued by the respondent
because of delay in compliance with requirements,
in which case the economic benefits shall be
determined by the lowest cost alternative for
achieving compliance;
4.
.
the amount of monetary penalty. which will serve to
deter further violations by the respondent and to
otherwise aid in enhancing voluntary compliance
with this Act by the respondent and other.persons
similarly subject to the Act;
5. the number, proximity in time, and gravity of
previously adjudicated violations of this Act by
the respondent;
‘
6.
whether the respondent voluntarily self-disclosed,
in
accordance with subsection
i of this Section,
the non-compliance to the Agency; and
7. whether the respondent has agreed to undertake a
“supplemental environmental project,” which means
6
an environmentally beneficial project that a
respondent agrees to undertake in settlement of an
enforcement action brotight under this Act, but
which the respondent is no,t otherwise legally
required to perform.
In response to these factors, the parties state as follows:
1. The gravity of the alleged violations was severe because a
significant amount of regulated asbestos-containing material (“RACM”)
was disturbed during renovation of the facility, exposing workers to
carcinogenic
asbestos fibers. The RACM was observed throughout the’
basement
of the facility. The violations began on or around July 24,
2003, and were resolved in or around October 2003.
‘
2. After Elahi received the Illinois EPA’S September 11, 2003
violation notice, he retained a consultant to inspect the facility,
design an asbestos remediation plan and perform air monitoring. He
also retained an asbestos removal contractor to implement the
remediation plan.
3.. Complainant has determined that the economic benefit Elahi
realized by delaying compliance with the Act and the NESHAP for
asbestos did not exceed $30,000.00.
4.
Complainant has determined, based upon the specific facts
of this matter, that a penalty of Thirty Thousand Dollars ($30,000.00)
will serve to recover any economic benefit accrued by Elahi, will
deter further violations and will aid in
future voluntary compliance
with the Act and Board regulations.
5.
To Complainants
knowledge, Elahi has no previously
adjudicated violations of the Act.
• 6.
Self-disclosure is not at issue
in this matter.
7
7. The settlement of this matter does not include a
supplemental environmental proj ect.
.vIII.
TERMS OF SETTLEMENT
A. Penalty Payment
1. Elahishall pay a civil penalty in the sum of Thirty
Thousand Dollars ($30,000.00) within thirty (30) days after the date
the Board adopts and accepts this Stipulation. The penalty described
in this Stipulation shall be paid by certified check, money order or
wire transfer payable to the Illinois EPA, designated to the Illinois
Environmental Protection Trust Fund and submitted to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
A
copy of the certified check or money order and the
transmittal letter shall be sent to:’
Rebecca A.
Burlingham
Senior Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Floor
Chicago, Illinois 60601
Chris Pressnall
Assistant Counsel
Illinois En~ironmenta1 Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
Illinois 52794-9276
8
2. Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g)
(2004), interest shall accrue on any payment not paid within the time
period prescribed above at the maximum rate allowable under Section
1003 (a) of the Illinois Income Tax Act, 35 ILCS 5/1003 (2004)
Interest on any unpaid payment.shall begin to accrue from the date the
payment is due and continue ~to accrue until the date payment is
received. When partial payment(s) are made, such partial payment
shall be first applied to any interest on unpaid payment then due and
owing. All interest on payment owed shall be paid. by certified check
or money order, payable to the Illinois EPA, designated to the
Illinois Environmental Protection Trust Fund and delivered to the
address and in the manner described above.
3. For purposes of payment and collection, Elahi may be reached
at the following address:
-
Dennis Elahi
Paramount Management and Construction Company
6900 South Stony Island Avenue
Chicago, IL 60649
4. In the event of default of this Section VIII.A, the
Complainant shall be entitled to all available relief including, but
not limited to, reasonable costs of
collection and reasonable
attorney’s fees.
B. Future Use
Notwithstanding any other language in,this Stipulation to the
contrary, Elahi agrees that this Stipulation may be used against him
in any subsequent enforcement action as proof of a past adjudication
9
‘of violation of the Act and the ‘Board Regulations promulgated
thereunder for all violations alleged in the complaint in thi’s matter,
for purposes Of Section 39(a) and Ci) and/or 42(h) of the Act,’ 415
ILCS 5/39(a) and(i) and/or 5/42(h) (2004)
.
Further, Elahi agrees to
waive any rights to contest, in any subsequent enforcement action, any
allegations that these alleged violations were adjudicated.
C. Right of Entry
In addition to any other authority, the Illinois EPA, its
employees and representatives, and the Attorney General, her agents
and representatives, shall have the right of entry into and upon the
facility which is the subject of this Stipulation, at all reasonable
times for the purposes of carrying out inspections. In conducting
such inspections, the Illinois EPA, its employees and representatives,
and the Attorney General, her employees and representatives may take
photographs, samples, arid collect information,’ as
they deem necessary.
D. Cease and Desist
, ‘
Elahi shall cease and desist from future violations of the Act
and Board Regulations that were ,the subject matter of the Complaint as
outlined in Section III.C. of this .Stipulation.
.
E. Release from Liability
In consideration of Elahi’s,payment of the $30,000.00 penalty,
and upon the Board’s acceptance and approval of the terms of this
Stipulation, the Complainant releases, waives
and discharges Elahi
10
‘from any further liability or penalties for violations of the Act and
Board Regulations that were the subject matter of the Complaint
herein. The release set forth above does not extend to any matters
other ‘than those expxes’sly specified in Complainant’s Complaint filed
concurrently with this Stipulation. The Complainant reserves, and
this Stipulation is without prejudice to, ‘all rights of the, State of
Illinois against the Respondent, with respect to all other matters,
includingbu~ not limited to, the following:
a.
criminal liability;
b. liability for future violation of state, federal, local, and
common laws and/or regulations;
c. liability for natural resources damage arising out of the
alleged violations; and
d. liability or claims based on the Respondent’s failure to
satisfy the requirements of this Stipulation.
Nothing in this Stipulation is intended as a waiver, discharge,
release, or covenant not
to sue for any claim or cause of action,
administrative
or judicial, civil or criminal, past or future, in law
or in equity, which the State of Illinois or the Illinois EPA may have
against any person, as defined by Section 3.315 of the Act, 415 ILCS
5/3.315, or entity other than Elahi.
‘
F. Enforcement of Board Order
1. Upon the entry of the Board’s Order approving and accepting
this Stipulation, that Order isa binding and enforceable order of the
Board and may be enforced as such through any and all available means.
11
2.’ Elahi agrees, that notice of any subsequent proceeding to
enforce the Board Order approving and accepting ‘this Stipulation may’
be ‘made by mail and waives any requirement of service of process.
3.
.
The parties agree that, if the Board does not approve and
accept this Stipulation, then neither party is bound by the terms
herein.
4. It is the intent of the Complainant and Respondent that the
provisions of this Stipulation and any Board Order accepting and
approving such shall be severable, and should any provision be
declared by a court of competent jurisdiction to be inconsibtent with
state or federal law, and therefore unenforceable, the remaining
clauses shall remain in full force and effect.
WHEREFORE, Complainant and Respondent request that the Board
adopt and accept the foregoing, Stipulation and Proposal .f or Settlement
as written.
PEOPLE OF THE STATE OF ILLINOIS,
-
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW’J. DUNN, Chief
Environmental Enforcement
/
Asbestos Litigation Division
BY:
~
~(l7
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Assistant Attorney Gene:
12
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BY:
JO
,
EPH
.
SVOBODA
DATE:
92Z0~
ief Legal Counsel
DENNIS ELAHI d/b/a PARAMOUNT
MANAGEMENT
AND CONSTRUCTION COMPANY
‘~
~
~‘~“
~/~~2~DATE:
OH
13
CERTIFICATE OF SERVICE
I,
REBECCA
A.
BUIRLINGHAM, an Assist~nt
Attorney
General in this case, do
certify
that I caused to be served this 22~day ofOctober, 2004, the foregoing Complaint, ‘Stipulation
and Proposal for Settlement, Motion to Request Relief From Hearing Requirement and
Notice of
Filing upon the person listed on said Notice by depositing same in an envelope, first class
postage prepaid, with the United States Postal Service at .100 West Randolph Street, Chicago,
Illinois, at
orbefore the hour of5:00 p.m.
‘
~~
REBECCA A. BURLINGHAM
