ILLINOIS POLLUTION CONTROL BOARD
November 5, 1998
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
LEROY CECH d/b/a L&K AMERICAN
WRECKING,
Respondent.
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PCB 97-138
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by N. J. Melas):
On
September 25, 1998
, the parties filed a stipulation and proposal for settlement. The
Board accepts the stipulation and proposal for settlement filed by the parties in this matter.
The complaint alleged that the respondent violated Section 9.1(d
)(1) of the Environmental
Protection Act
(Act) (415 ILCS 5/9.1(d)(1)
(1996)
) and 40 C.F.R. 61.145(b) by failing to
provide timely and sufficient notification of asbestos demolition or renovation activity.
1
Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1996)), the Board caused
publication of the required newspaper notice of the stipulation and proposal for settlement and
request for relief from the hearing requirement. The Board did not receive any requests for
hearing. Accordingly, the Board grants a waiver from the hearing requirement.
The stipulation and proposal for settlement sets forth the facts relating to the nature,
operations, and circumstances surrounding the allegations in the complaint. The respondent
admits the alleged violations and agrees to pay a civil penalty of $2,000. Respondent must
continue to comply with any federal, State, or local regulations including, but not limited to,
the Act and the Board’s regulations.
This opinion constitutes the Board’s findings 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 Leroy Cech d/b/a L & K American
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
Wrecking, concerning asbestos demolition and renovation activity performed at
6238 West 26th Street, Berwyn, Cook County. The stipulation and settlement
agreement is incorporated by reference as though fully set forth herein.
2.
The respondent shall pay the sum of $2,000 within 30 days of the date of this
order. Such payment shall be made by certified check or money order payable
to the Treasurer of the State of Illinois, designated to the Environmental
Protection Trust Fund. The case number, case name, and the respondent’s
social security number shall also be included on the check (or money order) and
should clearly indicate that payment is directed to the Environmental Protection
Trust Fund.
3.
The check (or money order) shall be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
A copy of the payment transmittal and check shall be simultaneously submitted
to:
Alyssa Fron Newcomb
Assistant Attorney General
Environmental Bureau
Attorney General’s Office
100 West Randolph Street, 11th Floor
Chicago, Illinois 60601
4.
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), 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.
5.
The 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 the date of
service of this order. Illinois Supreme Court Rule 335 establish such filing requirements. See
172 Ill. 2d R. 335; see also Ill. Adm. Code 101.246, Motions for Reconsideration.
3
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 5th day of November 1998 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board