ILLINOIS POLLUTION CONTROL BOARD
July 6, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
4832 S. VINCENNES, L.P., an Illinois
limited partnership, and BATTEAST
CONSTRUCTION COMPANY, an Indiana
corporation,
Respondents.
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PCB 04-7
(Enforcement - Air)
ORDER OF THE BOARD (by T.E. Johnson):
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. (Batteast). The People alleged that respondents caused or
allowed air pollution and violated various asbestos-related provisions in the renovation of a
Chicago apartment building located at 4832 S. Vincennes, Chicago, Cook County.
The People and Batteast filed a stipulation and proposed settlement on December 30,
2005. On March 16, 2006, the Board issued an order that accepted the stipulation and proposed
settlement entered into by People and Batteast. In that order, the Board noted that Batteast
admitted the alleged violations, and directed Batteast to pay a civil penalty of $1,500.
On June 22, 2006, the People and Vincennes filed a stipulation and proposed settlement,
accompanied by a request for relief from the hearing requirement of Section 31(c)(1) of the
Illinois Environmental Protection Act (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, Vincennes admits the violations alleged in the first
amended complaint, and agrees to pay a civil penalty of $2,500.
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
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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on July 6, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board