ILLINOIS POLLUTION CONTROL BOARD
    November 17, 2005
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    MARC REALTY, INC., an Illinois
    corporation, and 55 EAST JACKSON, LLC, a
    Delaware limited liability corporation,,
    Respondent.
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    PCB 05-103
    (Enforcement - Air)
    ORDER OF THE BOARD (by J.P. Novak):
    On November 30, 2004, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Marc Realty, Inc. and 55 East Jackson,
    LLC (respondents).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People
    allege that the respondents violated Section 9(a) and 9.1(d) of the Environmental Protection Act
    (Act) (415 ILCS 5/9(a) and 9.1(d) (2004)); 35 Ill. Adm. Code 201.141; and 40 C.F.R.
    61.145(c)(1) and (c)(6) and 61.150(b)(1). The People further allege that the respondents violated
    these provisions by (1) causing or allowing the emission of asbestos; and (2) failing to comply
    with the national emission standards for hazardous air pollutants for asbestos. The complaint
    concerns the respondents’ renovation of the fifteenth floor of a sixteen story office building at 55
    East Jackson Street, in Chicago, Cook County.
    1
    On November 14, 2005, the People and the respondents 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)). This filing is 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, the respondents neither admit nor deny the alleged violations but agree to pay a civil
    penalty of $15,000.
    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
    1
    Prior violations were the subject of a previous enforcement action in People of the State of
    Illinois v. Marc Realty, Inc., 11 East Adams, LLC, and Roberts Environmental Control, Inc.,
    PCB 04-100 (July 22, 2004 and June 16, 2005) (accepting two separate stipulations between the
    People and the first two listed respondents, and between the People and Roberts Environmental
    Control, Inc.).
    2
    hearing. 415 ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 17, 2005, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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