ILLINOIS POLLUTION CONTROL BOARD
December 16, 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)
OPINION AND 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. Accompanying the complaint was a stipulation and proposal
for settlement. The complaint concerns Dennis Elahi’s eight-unit apartment complex at 5636
South Prairie Avenue, Chicago, Cook County. For the reasons below, the Board accepts the
parties’ stipulation and proposed settlement.
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 Dennis Elahi violated Sections 9(a) and 9.1(d) of
the 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 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.
On October 22, 2004, the People and Dennis Elahi 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)), which requires that the public have an opportunity to request a
hearing whenever the State and a respondent propose settling an enforcement action without a
2
public hearing.
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
Sun-Times
on October 29, 2004. The Board did not receive any requests for hearing. The
Board grants the 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
Dennis Elahi’s 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.
Dennis Elahi neither admits nor denies 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. Dennis
Elahi agrees to pay a civil penalty of $30,000, which the parties stipulate is at least as great as
Dennis Elahi’s economic benefit from delayed compliance, if any.
The People and Dennis Elahi have satisfied Section 103.302. The Board accepts the
stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1. The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2. Dennis Elahi must pay a civil penalty of $30,000 no later than January 17, 2005,
which is the first business day after the 30th day after the date of this order.
Dennis Elahi must pay the civil penalty by certified check or money order,
payable to the Environmental Protection Trust Fund. The case number, case
name, and Dennis Elahi’s social security number or federal employer
identification number must be included on the certified check or money order.
3. Dennis Elahi 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
3
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2002)).
5.
Dennis Elahi 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. 415 ILCS 5/41(a) (2002);
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. 172 Ill. 2d 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 opinion and order on December 16, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
