ILLINOIS POLLUTION CONTROL BOARD
July 21, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ASBESTOS CONTROL AND
ENVIRONMENTAL SERVICES CORP, an
Illinois corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
PCB 04-162
(Enforcement – Air)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On March 17, 2004, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Asbestos Control and Environmental Services
Corp, an Illinois corporation (ACES). ACES is engaged in the removal and disposal of regulated
asbestos-contained material (RACM). Its principal place of business is P.O. Box 945, Wheaton.
The complaint concerns the demolition and renovation of a property located at 816 West 47th
Place, Chicago, Cook County. The Board accepted the complaint for hearing on April 1, 2004.
In the complaint, the People allege that ACES violated Section 9(a) and 9.1(d)(1) of the
Environmental Protection Act (Act) (415 ILCS 9(a) and 9.1(d)(1) (2004)); 35 Ill. Adm. Code
201.141; and 40 C.F.R. 61.145 (c)(3) and (6), and 61.150(a) by failing to wet all asbestos and
allowing dry, friable asbestos to remain in a friable state, by failing to adequately wet all RACM
in place before stripping it from facility components and by failing to adequately seal all asbestos
containing material in a leak tight container at the demolition property in Cook County.
On June 10, 2005, the People and ACES 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) (2004). Under the Environmental Protection Act (Act) (415 ILCS 5/1
et
seq
. (2004)), 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
(2004); 35 Ill. Adm. Code 103. The June 10, 2005, stipulation and proposed settlement was
accompanied by a request for relief from the hearing requirement of Section 31(c)(1) of the Act.
415 ILCS 5/31(c)(1) (2004). These filings are authorized by Section 31(c)(2) of the Act. 415
ILCS 5/31(c)(2) (2004).
See
35 Ill. Adm. Code 103.300(a). Under the proposed stipulation,
ACES neither admits nor denies the violations alleged in the complaint, but agrees to pay a civil
penalty of $20,000.
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 June 16,
2005. The Board did not receive any requests for hearing. The Board grants the parties’ request
2
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
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of the
respondents’ 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) (2004)), which bears on the reasonableness of
the circumstances surrounding the alleged violations.
As previously stated, ACES neither admits nor denies the violations alleged in the
complaint, but agrees to pay a civil penalty. The stipulation also addresses the factors of Section
42(h) of the Act (415 ILCS 5/42(h) (2004),
as amended by
P.A. 93-575, (eff. Jan. 1, 2004),
which may mitigate or aggravate the civil penalty amount. The People determined that a civil
penalty of $20,000 was appropriate.
The People and the respondent 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. Asbestos Control and Environmental Services Corp, an Illinois corporation
(ACES) must pay a civil penalty of $20,000 within 100 days from the date of this
order. ACES must pay $7,500 of the total penalty amount on or before July 28,
2005, that being the seventh day after the date of this order. ACES must pay an
additional $2,500 on or before August 29, 2005, the first business day thirty days
thereafter. ACES must pay an additional $2,500 thirty days thereafter, on or
before September 28, 2005. ACES must pay the final $7,500 thirty days
thereafter, on or before October 28, 2005.
3. ACES 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 ACES’ federal employer identification number must be
included on the certified check or money order. If submitting an electronic funds
transfer to the Agency, the electronic funds transfer must be made in accordance
to the specific instructions provided to ACES.
4. ACES must submit its certified check, money order or electronic funds transfer
to:
Illinois Environmental Protection Agency
3
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
5. A copy of the certified check, money order or record of the electronic funds
transfer and any transmittal letter must be sent to the following:
Ms. Bridget M. Carlson
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago, Illinois 60601
6. Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act. 35 ILCS 5/1003(a)
(2004).
7. ACES must cease and desist from the alleged violations.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on July 21, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
