ILLINOIS POLLUTION CONTROL BOARD
June 16, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ROBERTS ENVIRONMENTAL CONTROL,
INC., an Illinois corporation,
Respondent.
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PCB 04-100
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
On December 22, 2003, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Marc Realty, Inc., 11 East Adams, L.L.C.,
and Roberts Environmental Control, Inc. (collectively, the respondents).
See
415 ILCS
5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that the respondents violated
Sections 9(a) and 9.1(d) of the Environmental Protection Act (Act) (415 ILCS 5/9(a) and 9.1(d)
(2002)); 35 Ill. Adm. Code 201.141; and 40 C.F.R. 61.145(a), (b), (c)(1), (c)(6), and (c)(8), as
enforceable under Section 9.1(d) of the Act (415 ILCS 5/9.1(d) (2002)). The People further
allege that the respondents violated these provisions by failing to comply with standards
applicable to removal of asbestos-containing materials and the emission of asbestos during the
course of building renovations. The complaint concerns the 16 floor office building at 11 East
Adams Street, Chicago, Cook County.
On May 25, 2004, the People and Marc Realty, Inc. and 11 East Adams, L.L.C. 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)). By an opinion and
order dated July 22, 2004, the Board accepted that stipulation and proposed settlement and
entered an order against Marc Realty, Inc. and 11 East Adams, L.L.C.
On April 29, 2005, the People and Roberts Environmental Control, Inc. (Roberts
Environmental Control), the sole remaining respondent, 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). The Board provided notice of
the stipulation, proposed settlement, and request for relief from hearing. The Board published
newspaper notice in the
Chicago Sun-Times
on May 16, 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).
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
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stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
Roberts Environmental Control’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)). Roberts
Environmental Control neither admits nor denies the alleged violations but agrees to pay a civil
penalty of $7,500.
The People and Roberts Environmental Control have satisfied Section 103.302. The
Board accepts the stipulation and proposed settlement. This docket is now closed.
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. Roberts Environmental Control must pay a civil penalty of $7,500 no later than
July 18, 2005, which is the first business day after the 30th day after the date of
this order. Roberts Environmental Control must pay the civil penalty by certified
check, money order, or electronic funds transfer, payable to the Environmental
Protection Trust Fund. The case number, case name, and Roberts Environmental
Control’s federal employer identification number, 36-2774779, must be included
on the certified check or money order.
3. Roberts Environmental Control must send the certified check, money order, or
electronic funds transfer to the following person at the indicated address:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4. Roberts Environmental Control must send a copy of the certified check, money
order, or record of electronic funds transfer and any transmittal letter to the
following person at the indicated address:
Christopher P. Perzan
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago, Illinois 60601
5. 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
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set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2002)).
6.
Roberts Environmental Control must cease and desist from the alleged violations.
IT IS SO ORDERED.
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 June 16, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
