ILLINOIS POLLUTION CONTROL BOARD
August 4, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PATTISON ASSOCIATES LLC, an Illinois
limited liability company, and
5701 SOUTH CALUMET LLC, an Illinois
limited liability company,
Respondents.
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PCB 05-181
(Enforcement – Air)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On April 4, 2005, the People of the State of Illinois (People) filed a five-count air
pollution complaint against respondents Pattison Associates LLC and 5701 South Calumet LLC
(collectively, respondents). The complaint concerns renovation activities conducted by Pattison
at an apartment complex owned by 5701 South Calumet in Chicago, Cook County.
In the complaint, the People allege that the respondents violated Section 9(a) and
9.1(d)(1) of the Environmental Protection Act (Act) (415 ILCS 5/9(a) and 9.1(d)(1) (2004)); 40
C.F.R. 61.145(a), (b)(1), (c)(1), (c)(3), (c)(6) and (c)(8) and 61.150(b)(1); and 35 Ill. Adm. Code
201.141. The People further allege that the respondents violated these provisions by (1) causing,
threatening, or allowing air pollution; (2) failure to thoroughly inspect a structure prior to
renovation; (3) failing to notify United States Environmental Protection Agency (USEPA) of
demolition or renovation activity; (4) failing to follow proper emission control procedures; and
(5) failing to follow proper disposal procedures. The Board accepted the case for hearing on
April 7, 2005.
On June 14, 2006, 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). 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, the respondents do not affirmatively admit the violations alleged in the complaint,
but agree 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 26,
2006. 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).
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Section 103.302 of the Board’s procedural rules set 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, the respondents do not admit the violations alleged in the
complaint, but agree to pay a civil penalty of $20,000. 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 respondents 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.
Pattison Associates LLC and 5701 South Calumet LLC (respondents) must pay a
civil penalty of $20,000 within 14 days from the date of this order.
3.
The respondents 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 respondents’ federal employer identification or
social security numbers 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
respondents.
4.
The respondents must submit the certified check, money order or electronic funds
transfer to:
Illinois Environmental Protection Agency
Fiscal Services Section
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:
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Ms. Paula Becker Wheeler
Assistant Attorney General
Environmental Bureau
188 W. Randolph Street, 20th Floor
Chicago, Illinois 60601
Mr. Christopher Pressnall
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
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.
The respondents 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) (2004);
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 August 4, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
