ILLINOIS POLLUTION CONTROL BOARD
    November 4, 2004
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    DENNIS ELAHI d/b/a PARAMOUNT
    MANAGEMENT AND CONSTRUCTION
    COMPANY,
    Respondent.
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    PCB 05-75
    (Enforcement - Air)
    ORDER OF THE BOARD (by J.P. Novak):
    On October 22, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Dennis Elahi.
    See
    415 ILCS 5/31(c)(1)
    (2002); 35 Ill. Adm. Code 103.204. The People allege that Dennis Elahi violated Section 9(a),
    9.1(d) of the Environmental Protection Act (Act)(415 ILCS 5/9(a), 9.1(d) (2002)); 35 Ill. Adm.
    Code 201.141; and 40 C.F.R. 61.104(b); 61.145(a), (c)(1), (c)(2), (c)(6), and (c)(8); and
    61.150(b). The People further allege that Dennis Elahi violated these provisions by (1) engaging
    in renovation work that caused, allowed, or threatened air pollution by the discharge of asbestos;
    (2) failing to conduct a thorough inspection of the facility for the presence and amount of
    asbestos and failing to provide a written notice to the Illinois Environmental Protection Agency
    of renovation involving more than one cubic meter of asbestos before commencing renovation
    activities; (3) failing to adequately wet and maintain as wet all regulated asbestos-containing
    material until collected and contained for treated for disposal; (4) failing to properly handle and
    store asbestos-containing waste material by wetting it, failing to place it in leak-tight containers,
    failing to provide legible and visible warning labels, failing to label the containers with the
    source and location where it was generated, and failing to dispose of asbestos-containing waste
    as soon as practical at a compliant disposal facility. The complaint concerns Dennis Elahi’s
    eight-unit apartment complex at 5636 South Prairie Avenue, Chicago, Cook County.
    On October 22, 2004, the People and Dennis Elahi also 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, Dennis Elahi neither admits nor denies the alleged violations but agrees to pay a civil
    penalty of $30,000.
    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 November 4, 2004, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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