cQ9
OCT
21
2008
OFFICE
OF
THE
ATTORNEY
GENERALp
STATE
OF
ILLINOIS
ard
Lisa
Madigan
ATTORNEY
GENERAL
October
17,
2008
John
T. Therriault,
Assistant
Clerk
/
C
Assistant
Clerk
of
the
Board
11
Illinois
Pollution
Control
Board
James
R.
Thompson Center,
Ste.
11-500
100
West
Randolph
Chicago,
Illinois
60601
Re:
People
v.
Triple
A Asbestos Service,
Inc.
Dear
Clerk:
Enclosed for
filing
please
find
the
original
and
one
copy
of
a Notice
of
Filing,
Complaint,
Motion
for
Relief
from
Hearing
Requirement
and
Stipulation
and
Proposal
for
Settlement in
regard
to the
above-captioned
matter.
Please
file
the
originals
and
return
file-stamped
copies
to
me
in the
enclosed
envelope.
Thank
you
for your
cooperation
and
consideration.
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
(217)
782-9031
SJ/pjk
Enclosures
500
South
Second
Street,
Springfield,
Illinois
62706
•
(217)
782-1090
• TTY:
(877)
844-5461
•
Fax: (217)
782-7046
100
West
Randolph
Street,
Chicago,
Illinois
60601
• (312)
814-3000
• TTY:
(800)
964-3013
• Fax:
(312)
814-3806
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
v.
)
PCBNo.
j,R€i’
)
(Water-Enforcement)
TRIPLE A
ASBESTOS SERVICE, INC.,
)
an Illinois
municipal corporation,
)
)
Respondent.
NOTICE OF
FILING
CLERK’S
OFFICE
To:
Triple
A Asbestos Service, Inc.
OCT
2
12008
do James 0.
Beavers, R.A.
STATE
OF
ILLINOIS
221 West
Main Cross
Pollution
Control
Board
P.O. Box
320
Taylorville, IL
62568
PLEASE
TAKE
NOTICE that on
this
date I mailed for
filing
with the Clerk of the Pollution
Control
Board of the State of Illinois, a
COMPLAINT, MOTION
FOR
RELIEF FROM
HEARING
REQUIREMENT
and STIPULATION AND PROPOSAL
FOR SETTLEMENT, copies of which
are
attached hereto
and
herewith
served upon you.
Respectfully
submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
BY:
ST4fcJ
4(WASIE
Assistnt Attorney General
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois 62706
217/782-9031
Dated:
October 17, 2008
CERTIFICATE
OF
SERVICE
I hereby
certify
that I
did
on October
17,
2008,
send
by
First
Class Mail,
with
postage
thereon
fully
prepaid,
by
depositing
in
a
United
States
Post
Office
Box
a true
and
correct
copy
of
the following
instruments
entitled
NOTICE
OF
FILING,
COMPLAINT,
MOTION
FOR
RELIEF
FROM
HEARING
REQUIREMENT
and
STIPULATION
AND
PROPOSAL
FOR
SETTLEMENT:
To:
Triple
A
Asbestos
Service,
Inc.
do
James
0.
Beavers,
R.A.
221
West
Main
Cross
P.O. Box
320
Taylorville,
IL
62568
and the
original
and
ten
copies
by
First
Class
Mail
with
postage
thereon
fully
prepaid
of
the
same
foregoing
instrument(s):
To:
Dorothy
Gunn,
Clerk
Illinois
Pollution
Control
Board
James
R.
Thompson
Center
Suite
11-500
100
West
Randolph
Chicago,
Illinois
60601
General
This
filing
is submitted
on recycled
paper.
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF THE
STATE
OF
ILLINOIS,
)
Complainant,
)
v.
)
PCBNo.
TRIPLE
A
ASBESTOS
SERVICE,
INC.,
)
an
Illinois
corporation,
)
OCT
21
2008
Respondents.
)
STATE
oF
1LLNOlS
Pollution
ContrO’
Board
MOTION
FOR
RELIEF
FROM
HEARING
REQUIREMENT
NOW
COMES
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
by LISA
MADIGAN,
Attorney
General
of
the
State
of Illinois,
and
pursuant
to
Section
31(c)(2)
of the
Illinois
Environmental Protection
Act (“Act”),
415 ILCS
5/31(c)
(2)
(2006),
moves
that
the
Illinois
Pollution
Control
Board
grant
the
parties
in the
above-captioned
matter
relief
from
the
hearing
requirement
imposed
by
Section
31(c)(1)
of
the Act,
415
ILCS
5/31(c)(1)
(2006).
In
support
of
this
motion,
Complainant
states
as
follows:
1.
The
parties
have
reached
agreement
on
all outstanding
issues
in
this
matter.
2.
This agreement
is presented
to
the
Board
in a Stipulation
and
Proposal
for
Settlement, filed contemporaneously
with
this motion.
3.
All
parties
agree
that
a hearing
on the
Stipulation
and
Proposal
for
Settlement
is
not
necessary,
and
respectfully
request
relief
from such
a hearing
as
allowed
by Section
31(c)(2)
of
the Act,
415
ILCS
5/31(c)(2)
(2006).
1
WHEREFORE,
Complainant,
PEOPLE
OF
THE STATE
OF
ILLINOIS,
hereby
requests
that
the
Board
grant this
motion for
relief
from
the hearing
requirement
set
forth in
Section
31(c)(1)
of the
Act,
415 ILCS
5/31(c)(1)
(2006).
Respectfully
submitted,
PEOPLE
OF THE STATE
OF
ILLINOIS
LISA MADIGAN
ATTORNEY
GENERAL
MATTHEWJ.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigatioji
DJsp
7
BY:
STE
Environm
ntal
Bureau
Assistant
Attorney
General
500
South
Second
Street
Springfield,
Illinois 62706
217/782-9031
Dated:
October
17,
2008
2
BEFORE THE ILLINOIS
POLLUTION CONTROL
BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
v.
)
PCB No.
09-
TRIPLE A ASBESTOS SERVICE, INC,
)
an ‘no’s corpora ion,
CLERK’S
OFFICE
Respondent.
)
OCT
2
12008
COMPLAINT
STATE
OF
ILLINOIS
Pollution
Control
Board
The PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN,
Attorney General
of
the State of Illinois, on her own motion, complains of the
Respondent, TRIPLE A
ASBESTOS,
INC., as follows:
COUNT
I
VIOLATIONS OF THE NATIONAL EMISSIONS
STANDARDS FOR
ASBESTOS
1.
This count is brought on behalf of the People of the State of Illinois,
by Lisa
Madigan, the Attorney General of the State of Illinois, on her own
motion and at the request
of
the ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY, pursuant to the
terms and
provisions of Section 31 of the Illinois Environmental Protection Act (“Act”),
415 ILCS 5/31
(2006).
2.
The
Illinois Environmental Protection Agency
(“Illinois EPA”) is
an agency of
the
State of Illinois created by the
Illinois General Assembly
in Section 4 of the Act, 415
ILCS 5/4
(2006), and charged,
inter a/ia, with the
duty
of
investigating and enforcing violations
of the Act.
3.
TRIPLE A ASBESTOS SERVICE, INC.
(“Triple A”), is an Illinois
corporation in
good standing.
The registered agent is James 0. Beavers, 221
West Main Cross, P.O.
Box
320,
Taylorville, Illinois 62568.
4.
The
Diocese of Springfield
in
Illinois owns
St. Mary’s Church
and
Parish
(“the
site”),
located at 1621
Tenth
St, Madison,
Madison
County, Illinois. General
Waste was hired
to
conduct
an asbestos
abatement project
at the site.
5.
On
September 21, 2005,
the Illinois EPA,
Bureau
of Air, Field Operations
Section
conducted
a routine compliance
inspection
of the
site
pursuant
to an asbestos
National
Emissions
Standards
for Hazardous
Air Pollutants
(“NESHAP”)
notification. On this
date, Triple
A employees
were removing
approximately
2,092 square
feet of
the 3,776 square feet
of
regulated
asbestos-containing
material
(“RACM”)
listed in
the asbestos NESHAP
notification.
6.
On September
21, 2005,
the Illinois
EPA inspector observed
suspect
material
on
the floor of two
confessional
rooms and one bereavement
room.
The inspector
obtained a
sample from each
of these rooms that revealed
asbestos
in the range
of thirty to thirty-five
percent.
7.
On September
21,
2005,
the inspector observed
breaches
in the containment
of
RACM in the two
confessional rooms
and the
bereavement
room. Each
room
lacked
negative
air
pressure
machines. In
the first confessional,
the plastic containment
barriers were
torn
down
and lying on
the floor. In the second
confessional and
the bereavement
room, a plastic
barrier
was up over
each
door, but the barriers
were hanging loose
and
unsecured.
8.
On
September
21,
2005,
the inspector also
observed a Triple
A employee
removing
suspect
material
from the ceiling of the
site’s rectory. At the
time
of the
inspection,
the Triple
A employees were
not utilizing water
to
wet the
suspect
material being removed.
The
suspect material
was being scraped
from the ceiling and
dropped to the
floor. The floor
was mostly
covered
with suspect
material. There
were
also approximately
55 bags containing
suspect
material in the
rectory. The inspector
sampled suspect material
from
the bags. The
sample
tested positive
for twenty-five
percent asbestos.
9.
Section 9.1(d) of
the Act, 415
ILCS
5/9.1(d) (2006), provides
as follows:,
***
(d) No
person shall:
-2-
(1) violate
any provisions
of Sections
111, 112, 165
or 173 of the Clean
Air
Act,
as now or
hereafter
amended,
or federal
regulations adopted
pursuant thereto;
***
10.
The regulations
on National Emission
Standards
for Hazardous
Air
Pollutants
(“NESHAP”) for asbestos,
40 CFR Part
61, Subpart
M, were
adopted
pursuant
to Section 112
of
the Clean
Air Act, 42
USC
§7412.
Asbestos
is regulated
as a hazardous air
pollutant
because it is
a
carcinogen.
RACM
contains
more
than one percent
asbestos and
is generally
“friable,”
which means such
materials, when
dry, can be crumbled,
pulverized,
or reduced
to
powder
by
hand pressure.
11.
40 CFR §61.141
provides
the
following pertinent
definitions:
Adequately
wet means
sufficiently mix
or penetrate with
liquid
to prevent
the
release
of particulates.
If visible emissions
are observed
coming from
asbestos-
containing
material, then that material
has not
been adequately wetted.
However,
the absence
of
visible
emissions
is not sufficient evidence
of being
adequately
wet.
Asbestos-containing
waste materials
means mill tailings
or any waste that
contains commercial
asbestos and is
generated by
a source subject
to
the
provisions
of
this subpart. . . . As
applied
to demolition
and renovation
operations,
this term also includes
regulated
asbestos-containing
material
waste
and
materials
contaminated
with asbestos
including disposable
equipment
and
clothing.
Facility means any
institutional,
commercial, public,
industrial, or residential
structure, installation,
or
building. .
Friable
asbestos material
means
any
material containing
more than 1 percent
asbestos as determined
using
the
method specified in
appendix E,
subpart E,
40
CFR part 763 section
1, Polarized
Light Microscopy,
that, when
dry, can be
crumbled, pulverized,
or
reduced to powder
by
hand
pressure.
If the asbestos
content
is less than 10
percent as determined
by a method
other than point
counting
by polarized
light microscopy
(PLM),
verify
the asbestos content
by
point counting using
PLM.
Owner or operator
of
a demolition
or renovation
activity
means
any person
who
owns, leases,
operates, controls,
or supervises
the facility
being demolished
or
renovated
or
any person
who owns, leases,
operates,
controls, or supervises
the
demolition
or
renovation
operation,
or both.
-3-
Regulated
asbestos-containing
material
(RACM)
means
(a) Friable
asbestos
material,
(b)
Category
I
nonfriable
ACM
that has
become
friable,
(c)
Category
I
nonfriable
ACM
that
will
be or
has been
subjected
to
sanding,
grinding,
cutting,
or
abrading,
or
(d)
Category
II nonfriable
ACM
that has
a high
probability
of
becoming
or has
become
crumbled,
pulverized,
or
reduced
to powder
by
the
forces
expected
to
act
on the
material
in the
course
of demolition
or renovation
operations
regulated
by this
subpart.
Remove
means
to
take
out RACM
or
facility
components
that
contain
or
are
covered
with
RACM
from
any
facility.
*
**
12.
40
CFR
§61.145
provides
in
pertinent
part
as follows:
Standard
for
demolition
and renovation.
(a)
Applicability.
To
determine
which
requirements
of
paragraphs
(a), (b),
and
©)
of
this
section
apply
to
the
owner
or operator
of
a
demolition
or
renovation
activity
and prior
to
the
commencement of
the
demolition
or
renovation,
thoroughly
inspect
the
affected
facility
or part
of the facility
where
the
demolition
or
renovation
operation
will
occur for
the
presence
of
asbestos,
including
Category
I and
Category
II nonfriable
ACM.
The requirements
of
paragraphs
(b)
and
(c)
of
this section
apply
to each
owner
or
operator
of
a demolition
or
renovation
activity,
including
the
removal
of RACM
as
follows:
*
**
(4) In
a facility
being
renovated.
.
. all
the
requirements
of
paragraphs
(b)
and
(c) of
this
section
apply
if the
combined
amount
of RACM
to
be
stripped,
removed,
dislodged,
cut,
drilled,
or similarly
disturbed
is
(i) At
least
80 linear
meters
(260
linear
feet)
on
pipes
or
at
least
15
square
meters
(160
square
feet) on
other facility
components,
or
(ii) At
least
I
cubic
meter
(35
cubic
feet)
off
facility
components
where
the
length
or area
could
not be
measured
previously.
*
* *
(c)
Procedures
for
asbestos
emission
control.
Each
owner
or
operator
of a
demolition
or
renovation
activity
to
whom
this
paragraph
applies,
according
to
paragraph
(a)
of this
section,
shall
comply
with
the following
procedures:
* * *
(3)
When
RACM
is stripped
from
a facility
component
while
it
remains
in
place
in
the
facility,
adequately
wet
the
RACM
during
the
stripping
-4-
operation.
(I) In
renovation
operations, wetting
is not required
if:
(A) The
owner
or operator has obtained
prior
written
approval from
the Administrator
based on a written
application
that wetting
comply
with this
paragraph would
unavoidably
damage equipment
or
present
a safety
hazard;
and
(B) The
owner or operator
uses of the following
emission
control
methods:
(1)
A local exhaust ventilation
and
collection
system
designed and operated
to capture
the
particulate asbestos
material produced
by
the
stripping
and removal
of
the asbestos
materials.
The
system must exhibit
no visible emissions
to the
outside
air or be
designed and operated
in
accordance with the
requirements in
§
61.152.
**
*
(6) For all
RACM, including material
that has been
removed or stripped:
(i) Adequately
wet the material
and ensure that it remains
wet
until
collected and
contained
or
treated
in
preparation
for disposal
in
accordance
with
§61.150;
and
(ii) Carefully lower
the material
to the
ground and floor, not
dropping, throwing,
sliding, or otherwise
damaging
or
disturbing
the
material.
* **
13.
Section
9(a) of the Act, 415
ILCS 5/9(a) (2006),
provides as follows:
No
person shall:
a.
Cause
or threaten
or allow
the discharge or emission
of any
contaminant
into the environment
in
any
State
so as to cause or
tend to cause air
pollution
in Illinois, either
alone or in combination
with contaminants
from
other sources,
or so as to violate
regulations or standards
adopted
by the
Board
under
this
Act;
* *
*
14.
Section 201.141 of the
Illinois Pollution Control
Board’s regulations,
35
Ill.
Adm.
Code
201.141,
provides
as follows:
-5-
Prohibition of Air Pollution
No person shall cause
or threaten or allow
the discharge
or emission of any
contaminant into
the environment in
any State
so as, either alone or in
combination with
contaminants from
other sources,
to cause or tend to cause
air
pollution
in
Illinois, or
so as to violate the provisions
of this Chapter,
or so as to
prevent the attainment
or maintenance
of any applicable ambient
air
quality
standard.
***
15.
The church located
at 1621 Tenth
St
in Madison
is a “facility”
and the
Respondent is an “operator” of a “renovation” as
these terms are defined
at
40
CFR 61.141.
16.
During the September 21,
2005 inspection, large
amounts of asbestos-
containing waste
materials were
scattered on the floor of
the site
in various
locations on the
site.
17.
During the September 21, 2005
inspection, the two confessional rooms and
one
bereavement room
contained RACM and did not
possess adequate containment measures
to
prevent the
possibility of RACM leaving those areas.
18.
The Respondent failed to adequately wet and keep wet all RACM removed
during
renovation operations
until
such
asbestos-containing
waste
materials were
collected
and
contained in leak-tight
wrapping in preparation
for
disposal,
and
thereby
violated Section 9.1(d)
oftheAct, 415
ILCS 9.1(d)(1)(2006), 40 CFR 61.145(c)(3)
and
40 CFR 61.145(c)(6)(l).
19.
The
Respondent failed
to
maintain
adequate containment of RACM, threatening
the
release of
asbestos fibers into the environment, and
thereby
violated Section
9(a) of the
Act,
415 ILCS
9(a)(2006) and Section 201.141 of
the
Illinois
Pollution Control Board’s
regulations, 35
Ill. Adm. Code 201.141.
PRAYER
FOR RELIEF
WHEREFORE, the
Complainant, People
of the State of Illinois, respectfully requests
that
this Board enter
an Order against the Respondent:
-6-
A.
Authorizing
a hearing
in
this
matter
at
which time
the Respondent
will be
required to
answer
the
allegations
herein;
B.
Finding that
the
Respondent
has
violated
the Act and
regulations
as alleged
herein;
C.
Ordering
Respondent to cease
and desist from any
further violations of
the Act
and associated
regulations;
D.
Pursuant to
Section 42(a) of
the Act, 415 ILCS
5/42(a)
(2004), impose a civil
penalty
of not
more than the
statutory maximum;
and
E.
Grant such
other and
further
relief as the
Board deems appropriate.
Respectfully
submitted,
PEOPLE
OF THE
STATE
OF
ILLINOIS,
LISA MADIGAN,
Attorney
General
of
the
State of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
BY:_______________
THOMAS
DAVIS, Chief
Environmental
Bureau
Assistant
Attorney General
Of
Counsel:
Stephen J.
Janasie
Assistant Attorney
General
500
South Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
October
17, 2008
-7-
BEFORE
THE ILLINOIS
POLLUTION CONTROL BOARD.
MADISON COUNTY, ILLINOIS
OC
PEOPLE
OF THE STATE OF
)
ILLINOIS,
)
U
‘01?
Complainant,
)
vs.
)
PCB
No.
O-
Z-
TRIPLE A ASBESTOS
SERVICE,
)
INC., an Illinois corporation,
)
Respondent.
)
STIPULATION
AND
PROPOSAL FOR SETTLEMENT
Complainant, PEOPLEOF THE STATE OF
ILLINOIS,
by LISA MADIGAN,
Attorney
General of the State of Illinois, the Illinois Environmental Protection Agency
(“Illinois
EPA”), and
TRIPLE A ASBESTOS SERVICE, INC. (“Respondent”),
have agreed to the making of this
Stipulation and
Proposal
for
Settlement (“Stipulation”) and submit it to the Illinois
Pollution
Control
Board (“Board”)
for approval. This stipulation of facts is made
and agreed upon for
purposes
of settlement only and as a factual
basis
for
the Board’s
approval
of this Stipulation
and issuance
of relief. None of the facts stipulated herein
shall be introduced into evidence in
any
other proceeding
regarding
the
violations of the Illinois
Environmental Protection
Act (“Act”),
415 ILCS
5/1 et seq. (2006), and the Board’s Regulations,
alleged in the Complaint except
as
otherwise
provided herein. It is
the
intent of
the
parties to this Stipulation that it be a final
adjudication of
this matter.
I.
STATEMENT OF FACTS
A.
Parties to the
Stipulation
1.
In
conjunction with
this
Stipulation and Proposal for Settlement, a Complaint was
filed on
behalf of the People of the State of Illinois by Lisa Madigan,
Attorney General
of
the
1
State of Illinois, on her own
motion and upon
the request of
the
Illinois
EPA, pursuant to Section
31 of the Act, 415 ILCS 5/31 (2006),
against the
Respondent.
2.
The Illinois EPA is
an administrative agency
of the
State
of Illinois,
created
pursuant to Section 4 of the Act, 415
ILCS 5/4 (2006).
3.
At
all
times
relevant to the
Complaint, Respondent
was and is an Illinois
corporation in good standing.
4.
At all times relevant
to the Complaint,
Respondent
was hired to conduct an
asbestos abatement project at
St. Mary’s Church and Parish
(“site”), 1621 Tenth
St,
Madison,
Madison County,
Illinois.
The Diocese of Springfield
in Illinois
owns
the
site.
5.
On September 21, 2005, the Illinois
EPA, Bureau of Air, Field
Operations Section
conducted a
routine compliance
inspection of the site pursuant
to an asbestos National
Emissions Standards for Hazardous Air Pollutants
(“NESHAP”) notification.
On
this
date, Triple
A employees were
removing
approximately 2,092
square feet of the 3,776 square feet of
regulated asbestos-containing material (“RACM”) listed in
the asbestos
NESHAP
notification.
6.
On
September 21,
2005, the Illinois EPA inspector observed suspected
asbestos-containing material on the floor of
two
confessional
rooms and one bereavement
room.
The inspector obtained
a
sample
of
material
from each of these rooms
that
revealed
an
asbestos content in the
range
of thirty to thirty-five percent.
7.
On
September 21,
2005, the inspector observed breaches
in the containment
of
RACM
in the two confessional rooms and the
bereavement room. Each room lacked negative
air pressure
machines. In the first confessional,
the plastic containment barriers were
torn down
and lying
on the floor. In the second confessional
and the bereavement room, a plastic barrier
was
up over each door,
but
the
barriers were hanging loose and unsecured.
8.
On
September
21, 2005, the inspector also
observed a
Triple
A employee
2
removing
suspect
material
from the
ceiling of
the
site’s
rectory.
At the
time
of
the
inspection,
the Triple
A employees
were not
utilizing
water to wet
the
suspect material
being
removed.
The
suspect material
was
being scraped
from the
ceiling
and dropped
to
the
floor.
The floor
was
mostly
covered
with
suspect
material.
There were
also
approximately
55
bags containing
suspect
material
in
the
rectory.
The
inspector
sampled
suspect
material
from the bags.
The
sample tested
positive
for
twenty-five
percent
asbestos.
B.
Allegations
of
Non-Compliance
Complainant
and
the
Illinois
EPA contend
that
the
Respondent
has violated
the
following
provisions
of the
Act
and Board
regulations:
COUNT
I:
Section(s)
9(a)
and
9.1(d)
of the
Act, 415 ILCS
5/9(a)
and
9.1(d)
(2006);
Section(s)
61.145(c)(3)
and 61.145(c)(6)(l)
of the
National
Emissions
Standards
for Hazardous
Air
Pollutants
(“NESHAP”)
40
CFR 61.145(c)(3)
and
40
CFR
61.145(c)(6)(l);
Section
201.141
of
the Illinois
Pollution
Control
Board’s
regulations,
35
Ill.
Adm.
Code
201.141
Respondent
failed
to adequately
wet
and
keep wet
all RACM
removed
during
renovation
operations
and
failed
to maintain
adequate
containment
of
RACM,
threatening
the
release
of asbestos
fibers
into
the environment.
C.
Non-Admission
of Violations
The
Respondent
neither admits
nor denies
the violations
alleged
in the
Complaint
filed
in
this matter
and
referenced
herein.
D.
Compliance
Activities
to Date
The
Respondent
ensured
that all
RACM was
adequately
wet
and
kept
wet
and that
adequate
containment
was
maintained
during the
renovation
operations
shortly
after the
inspection
on
September
21,
2005.
3
II. APPLICABILITY
This Stipulation shall
apply to and be binding upon
the Complainant, the Illinois
EPA
and the Respondent, and
any
officer,
director, agent, or employee of
the Respondent,
as well
as any successors or assigns
of the
Respondent.
The Respondent shall
not
raise
as a defense
to any enforcement action taken pursuant
to this Stipulation
the
failure
of any of its officers,
directors, agents, employees or
successors or assigns to take such action
as shall be
required
to comply with the provisions of this Stipulation. This Stipulation
may
be used against
the
Respondent in any subsequent enforcement action or permit proceeding
as proof of
a past
adjudication of violation of the Act and the Board Regulations for all violations
alleged in the
Complaint in this matter,
for
purposes of Sections 39 and 42 of
the
Act, 415
ILCS 5/39 and
42
(2006).
III. IMPACT
ON
THE PUBLIC RESULTING FROM ALLEGED
NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c)(2006), provides as follows:
In making its
orders
and determinations, the
Board shall
take into consideration
all
the facts
and
circumstances bearing upon the reasonableness
of the
emissions, discharges, or
deposits
involved including, but not
limited to:
1.
the character and degree of injury to, or interference with the protection
of
the health, general welfare and physical property of the people;
2.
the social and economic value of the pollution source;
3.
the suitability or unsuitability
of
the
pollution
source to the area in which
it
is
located,
including the
question
of
priority of
location in the area
involved;
4.
the technical practicability and economib reasonableness
of reducing
or
eliminating
the
emissions, discharges
or
deposits resulting
from such
pollution source; and
5,
any subsequent
compliance.
In response to these factors, the parties to this Stipulation state the following:
1.
Human health and the environment were threatened by
the Respondent’s
4
violations during the asbestos removal.
2.
There
is social and economic benefit to the removal of asbestos-containing
materials from a place of worship.
3.
The asbestos removal
at
the site was suitable
for the
area
in which
it occurred.
4.
Compliance
with the Act,
Board
regulations, and NESHAP
is
both
technically
practicable and
economically reasonable.
5.
Respondent
has subsequently complied with the Act and the
Board Regulations.
IV.
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h)(2006), provides as follows:
In determining the appropriate civil penalty to be
imposed under.. . this Section,
the Board is authorized to consider any
matters of record in mitigation or
aggravation of penalty, including but not
limited
to
the following
factors:
1.
the duration and
gravity of the violation;
2.
the presence
or absence of due diligence
on the part of the
respondent
in
attempting to comply with
requirements of this Act and
regulations
thereunder
or
to secure
relief therefrom
as
provided by
this Act;
3.
any economic benefits accrued by
the respondent
because of delay in
compliance
with requirements, in which case the
economic benefits shall
be determined by the
lowest cost alternative for
achieving compliance;
4.
the amount of monetary penalty which
will serve to deter further
violations
by the respondent and to
otherwise aid in enhancing
voluntary
compliance with this
Act
by the
respondent and
other persons similarly
subject
to the
Act;
5.
the number,
proximity in time, and gravity
of
previously adjudicated
violations
of
this
Act
by the respondent;
6.
whether the respondent
voluntarily self-disclosed, in
accordance with
subsection
i
of this
Section, the non-compliance to
the Agency; and
7.
whether
the respondent has agreed to
undertake a
“supplemental
environmental
project,” which means an
environmentally
beneficial
project that a respondent agrees to
undertake in
settlement
of
an
enforcement action brought
under this Act, but which the
respondent
is
not otherwise
legally required to perform.
5
In
response to these factors, the parties
to this Stipulation state
as follows:
1.
The threatened release of asbestos fibers
into the environment is
a serious threat
to
human health. The violations were observed
on
or
around
September 21, 2005 and were
promptly
resolved soon thereafter.
2.
Respondent was diligent in resolving
violations of the Act, Board regulations
and
applicable
federal
regulations, once the Illinois EPA
notified it of its noncompliance.
3.
The observed violations were of
a
limited
duration and promptly responded
to; as
such,
there was
little
economic
benefit associated with Respondent’s
noncompliance.
4.
Complainant and the Illinois EPA have determined, based upon
the
specific
facts
of this
matter, that a
penalty
of Twenty Thousand Seven
Hundred
and Fifty ($20,750.00) will
serve to
deter
further violations and aid in future voluntary compliance with the Act and Board
regulations.
5.
To
Complainant’s and the Illinois EPA’s knowledge, Respondent has no
previously
adjudicated violations of the Act.
6..
Self-disclosure
is not at issue in this matter.
7.
The settlement of this matter does not
include
a
supplemental environmental
project.
V. TERMS
OF
SETTLEMENT
A.
Penalty
Payment
1.
The
Respondent shall
pay a
civil penalty
in
the sum of Twenty Thousand Seven
Hundred
Fifty
Dollars ($20,750.00) within thirty (30) days
from
the
date the Board
adopts
and
accepts
this
Stipulation.
6
B.
Interest
and
Default
1.
If
the
Respondent
fails
to make
any
payment required
by this
Stipulation on
or
before the date
upon which
the payment is due,
the Respondent
shall
be
in default
and
the
remaining
unpaid
balance
of the penalty,
plus
any
accrued
interest,
shall be due
and owing
immediately. In the
event of
default,
the Complainant
shall be entitled
to reasonable
costs
of
collection,
including
reasonable
attorney’s fees.
2.
Pursuant
to
Section
42(g) of the
Act,
interest shall accrue
on any penalty
amount
owed
by the
Respondent
not
paid within the time
presóribed
herein.
Interest on
unpaid
penalties
shall begin
to accrue from the
date
such
are
due and continue
to accrue to the
date
full
payment
is
received.
Where
partial payment
is made on any penalty
amount
that is due,
such
partial payment
shall
be first applied
to
any interest
on
unpaid
penalties then
owing.
C.
Payment
Procedures
All payments
required
by this Stipulation
shall be made by certified
check or
money
order payable to
the Illinois
EPA for
deposit
into
the Environmental
Protection Trust
Fund
(“EPTF”).
Payments shall
be sent by first
class mail and delivered
to:
Illinois Environmental
Protection Agency
Fiscal
Services
1021 North
Grand Avenue East
P.O. Box 19276
Springfield,
IL 627949276
The
name,
case number and the
Respondent’s
federal tax identification
number
shall appear
on
the face
of the certified
check
or
money order.
A
copy
of the certified
check or
money
order
and
any
transmittal
letter shall
be sent
to:
Environmental
Bureau
Illinois Attorney
General’s Office
500 South
Second Street
Springfield,
Illinois 62706
7
D.
Future Compliance
1.
In addition
to any other authorities,
the Illinois EPA, its employees
and
representatives, and the
Attorney General,
her employees and representatives,
shall have the
right of entry into
and upon all sites within
the State of Illinois where Respondent
is conducting
activities
regulated by the Act, Board
regulations and/or the asbestos NESHAP,
at all
reasonable
times
for the
purposes of
conducting inspections and evaluating compliance
status.
In conducting such inspections,
the Illinois
EPA, its employees and representatives, and
the
Attorney General, her employees
and representatives,
may
take
photographs,
samples, and
collect information, as they
deem necessary.
2.
This Stipulation in no way affects
the responsibilities of
the
Respondent to
comply with any
other
federal,
state or local laws or regulations, including
but
not limited
to the
Act and the Board Regulations.
E.
Release from
Liability
In consideration of the Respondent’s payment of the
$20,750.00
penalty, and upon the
Board’s approval
of
this
Stipulation,
the Complainant releases, waives and
discharges
the
Respondent from any further liability or penalties for the violations of the Act and Board
Regulations that
were
the subject matter of
the
Complaint herein. The release set forth above
does not extend to
any matters other
than
those expressly specified in
Complainant’s
Complaint. The
Complainant reserves,
and this Stipulation is without prejudice to, all rights
of
the State of
Illinois against the Respondent with respect to all other matters, including but not
limited to, the
following:
a.
criminal
liability;
b.
liability for future violation of state, federal, local, and common laws and/or
regulations;
8
c.
liability
for
natural
resources
damage
arising
out
of
the
alleged
violations;
and
d.
liability
or claims
based
on
the
Respondent’s
failure
to
satisfy
the requirements
of
this
Stipulation.
Nothing
in
this
Stipulation
is
intended
as
a
waiver,
discharge,
release,
or covenant
not
to
sue
for any
claim
or
cause
of
action,
administrative
or
judicial,
civil
or
criminal,
past
or
future,
in
law or
in equity,
which
the
State
of
Illinois
or the Illinois
EPA
may
have
against
any person,
as
defined
by
Section
3.315
of the
Act, 415
ILCS
5/3.315,
or entity
other
than
the
Respondent.
F.
Enforcement
and
Modification
of
Stipulation
Upon
the entry
of the
Board’s
Order
approving
and
accepting
this Stipulation,
that Order
is
a
binding
and
enforceable
order
of the
Board
and
may
be
enforced
as such
through
any
and
all
available
means.
G.
Execution
of
Stipulation
The
undersigned
representatives
for
each
party to
this Stipulation
certify
that they
are
fully
authorized
by
the party
whom
they
represent
to
enter
into
the terms
and
conditions
of this
Stipulation
and
to
legally
bind
them
to it.
9
WHEREFORE,
the parties
to this Stipulation
request
that the
Board
adopt
and accept
the foregoing
Stipulation
and Proposal
for Settlement
as written.
PEOPLE
OF THE
STATE
OF ILLINOIS,
FOR THE
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
LISA
MADIGAN
Attorney
General
State
of Illinois
DOUGLAS
P. SCOTT, Director
Illinois Environmental
Protection
Agency
MATTHEW
J. DUNN,
Chief
Environmental
Enforcement!
Asbestos
Litigation
Division
———
BY:
BY:
ROBE TA. MES
INA
THOMAS DAVIS,
Chief
Chief
Legal Counsel
Environmental Bureau
Assistant Attorney
General
f
j
DATE:
DATE:___________
TRIPLE A ASBESTOS
BY:
DATE:
/&-q--)
Name:_______________
Title:
ies,chn
/
10
