ILLINOIS POLLUTION CONTROL BOARD
March 3, 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)
OPINION AND 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, the Mayor of the Village of
Gorham.
See
415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The complaint concerns
Mayor Ralph Stone’s demolition of the closed Gorham High School facility at the corner of
Washington and Walnut Streets, Gorham, Jackson County. The parties now seek to settle. 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 Mayor Ralph Stone violated Section 9.1(d)(1) of
the Environmental Protection 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 Mayor 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.
On December 23, 2004, the People and Mayor 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)), 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 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
Southern Illinoisan
on February 1, 2005. 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).
2
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
Ralph Stone’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.
Mayor Ralph Stone 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. Mayor
Ralph Stone agrees to pay a civil penalty of $500.
The People and Mayor Ralph Stone 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. Mayor Ralph Stone must pay a civil penalty of $500 no later than April 4, 2005,
which is the first business day after the 30th day after the date of this order.
Mayor Ralph Stone must pay the civil penalty by certified check or money order,
payable to the Environmental Protection Trust Fund. The case number, case
name, and Ralph Stone’s social security number or federal employer
identification number must be included on the certified check or money order.
3. Mayor Ralph Stone 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
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2002)).
5. Mayor Ralph Stone must cease and desist from the alleged violations.
IT IS SO ORDERED.
3
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 March 3, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
