ILLINOIS POLLUTION CONTROL BOARD
    January 6, 2005
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    RALPH STONE, Mayor of the Village of
    Gorham,
     
    Respondent.
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    PCB
    05-78
     
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On November 3, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Ralph Stone.
    See
    415 ILCS 5/31(c)(1)
    (2002); 35 Ill. Adm. Code 103.204. The complaint concerns Ralph Stone’s demolition of the
    closed Gorham High School facility at the corner of Washington and Walnut Streets, Gorham,
    Jackson County.
     
    The People allege that Ralph Stone violated Section 9.1(d)(1) of the Environmental
    Protection Act (Act)(415 ILCS 5/9.1(d)(1) (2002)) and 40 C.F.R. 61.145(a), (b)(1), and (c)(9)
    and 61.150(b). The People further allege that Ralph Stone violated these provisions by (1)
    failing to conduct a thorough inspection for asbestos prior to beginning demolition; (2) failing to
    provide written notice of demolition to the Agency prior to beginning demolition; and (3) failing
    to use proper work practices, including not having a trained a person trained in asbestos removal
    and failing to properly wet asbestos-containing materials (ACMs) during removal, thereby
    allowing emission of asbestos fibers.
     
    The parties now seek to settle the case. On December 23, 2004, the People and Ralph
    Stone 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, the Ralph Stone neither admits nor denies the
    alleged violations but agrees to pay a civil penalty of $500.
     
    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
    hearing. 415 ILCS 5/31(c)(2) (2002); 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.
     
      
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 6, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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