ILLINOIS POLLUTION CONTROL BOARD
    December 17, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    DONALD SWINSON, an individual d/b/a
    ROCK VIEW STONE COMPANY,
    Respondent.
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    PCB 98-83
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by N. J. Melas):
    On November 4, 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)
    (1996)
    ) and Section 61.145(b) of the National
    Emission Standard for Hazardous Air Pollutants (40 C.F.R. § 61.145(b)
    (1996)
    ) by failing to
    inspect for the presence of asbestos, to provide notice of intent to demolish, and 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. Respondent
    admits the alleged violations and agrees to pay a civil penalty of $10,000. 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.
    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
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Donald Swinson d/b/a Rock View Stone
    Company, concerning asbestos demolition and renovation activity performed at
    various sites located in Rockford, Winnebago County, Illinois. The stipulation
    and settlement agreement is incorporated by reference as though fully set forth
    herein.
    2. The respondent shall pay the sum of $10,000 within one year of the date of this
    order. Payment shall be made pursuant to the following schedule:
    a.
    $2,500 within 30 days from the date of this final Board order approving
    the parties’ stipulation and proposal for settlement; and
    b. The remaining balance of $7,500 shall be paid in quarterly installments
    of $2,500. The first installment payment shall be due 120 days after the
    due 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 federal
    employer identification number (36-2498633) 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
    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.
    3
    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 service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 17th day of December 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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