ILLINOIS POLLUTION CONTROL BOARD
September 7, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
WALTER DEEMIE d/b/a RIVER CITY
DEMOLITION,
Respondent.
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PCB 02-79
(Enforcement – Air)
ORDER OF THE BOARD (by T.E. Johnson):
On December 14, 2001, the People of the State of Illinois (People) filed an air pollution
complaint against Walter Deemie d/b/a/ River City Demolition (Deemie). The complaint
concerns Deemie’s contract with the Capitol Development Board to perform demolition
activities within a Central Management System power plant located at 1920 10 1/2 Street,
Springfield, Sangamon County.
In the complaint, the People allege that Deemie violated Section 9(a) and 9.1(d) of the
Environmental Protection Act (Act) (415 ILCS 5/9(a) and 9.1 (d) (2004)); 40 C.F.R. 61.145
(c)(3) and (c)(6) and 61.150(a)(1); and 35 Ill. Adm. Code 201.141. The People further allege
that Deemie violated these provisions by causing, threatening, or allowing the emission of dry
friable asbestos into the environment so as to cause air pollution. The Board accepted the case
for hearing on December 20, 2001.
On July 25, 2006, the People and Deemie 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,
Deemie admits the violations alleged in the complaint, and agrees to pay a civil penalty of
$8,000.
The Board provided notice of the stipulation, proposed settlement, and request for relief
from hearing. The Board published newspaper notice in the
State Journal Register
on July 28,
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) (2004); 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
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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, Deemie admits the violations alleged in the complaint, and agrees
to pay a civil penalty of $8,000. The stipulation also addresses the factors of Section 42(h) of the
Act (415 ILCS 5/42(h) (2004), which may mitigate or aggravate the civil penalty amount. The
People determined that a civil penalty of $8,000 was appropriate.
The People and Deemie 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.
Walter Deemie d/b/a/ River City Demolition (Deemie) must pay a civil penalty of
$8,000 in twelve (12) installments. The first installment of $666.67 is due on or
before October 10, 2006; the first business day following thirty (30) days after the
date of this order. The remaining eleven installments, each of $666.66 are due on
the 15th day of each month thereafter, commencing on November 15, 2006, and
continuing until the entire civil penalty of $8,000 is paid.
3.
Deemie must pay the civil penalty by certified checks, money orders or electronic
funds transfers, 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 checks or money orders. If
submitting electronic funds transfer to the Illinois Environmental Protection
Agency, the electronic funds transfers must be made in accordance with the
specific instructions provided to Deemie.
4.
Deemie must submit the certified checks, money orders or electronic funds
transfers 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 checks, money orders or record of the electronic funds
transfers and any transmittal letters must be sent to the following:
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Mr. Phillip McQuillan
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
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.
Deemie 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 order on September 7, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
