ILLINOIS POLLUTION CONTROL BOARD
    April 21, 2005
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    NORTH ROCKWELL, LLC, and Illinois
    limited liability corporation,
     
    Respondent.
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    PCB 05-63
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On October 4, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against North Rockwell, LLC (North Rockwell). The
    complaint concerns removal of thermal shield insulation (TSI) containing asbestos from North
    Rockwell’s former print shop facility at 2609 West Belmont, Chicago, Cook County. The Board
    accepted the complaint for hearing on October 7, 2004.
     
    The People allege that North Rockwell violated Section 9(a) and 9.1(d)(1) of the
    Environmental Protection Act (Act) (415 ILCS 5/9(a) and 9.1(d)(1) (2002)); 35 Ill. Adm. Code
    201.141; and 40 C.F.R. 61.145(b)(1) and (b)(3) and 61.150 (b)(1) by (1) removing TSI
    containing asbestos without wetting and containing it at the site; (2) failing to wet and maintain
    wet the regulated asbestos-containing regulated material until collected and contained for
    disposal; (3) failing to submit a notice of intention to renovate within the required time; and (4)
    causing or allowing the generation of asbestos-containing waste material and failing to deposit
    that waste in a site permitted to receive it as soon as practical.
     
    On April 15, 2005, the People and North Rockwell 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). These filings are 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, North Rockwell admits to the violations alleged in the complaint, and agrees to pay a
    civil penalty of $37,000.
     
    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.
     
     
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 21, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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