ILLINOIS POLLUTION CONTROL BOARD
    January 5, 2006
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    4832 S. VINCENNES, L.P., and Illinois
    limited partnership, and BATTEAST
    CONSTRUCTION COMPANY, INC., an
    Indiana corporation,
     
    Respondents.
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    PCB 04-7
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On July 14, 2003, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against 4832 S. Vincennes, L.P. (Vincennes) and Batteast
    Construction Company of Illinois, Inc. In an order dated November 6, 2003, the Board granted
    the People’s motion for leave to file a first amended complaint and accepted the amended
    complaint for hearing. The amended complaint substitutes Batteast Construction Company, Inc.
    (Batteast) for Batteast Construction Company of Illinois, Inc. as one respondent in this
    proceeding but is otherwise materially the same as the original complaint filed July 14, 2003.
    Vincennes remains the other of the two respondents, although this order does not address the
    Peoples’ motion for summary judgment against Vincennes filed October 17, 2005.
     
    In the amended complaint, the People allege that respondents Vincennes and Batteast
    violated Sections 9(a) and 9.1(d)(1) of the Environmental Protection Act (Act) (415 ILCS 5/9(a),
    9.1(d)(1) (2004)); 40 C.F.R. 61.145(a), (c)(1), and (c)(6); and 35 Ill. Adm. Code 201.141. The
    People further allege that respondents violated these asbestos-related provisions in the course of
    renovating Vincennes’ 4-story, 67-unit residential apartment building at 4832 S. Vincennes Ave.,
    Chicago, Cook County.
     
    t 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,
    Batteast admits to the violations alleged in the amended complaint and agrees to pay a civil
    penalty of $1,500.
     
    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
     
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    hearing. 415 ILCS 5/31(c)(2) (2000); 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 January 5, 2006, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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