ILLINOIS POLLUTION CONTROL BOARD
February 19, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
MICK MORFEY,
Respondent.
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PCB 07-144
(Enforcement - Air)
ORDER OF THE BOARD (by S.D. Lin):
On June 15, 2007, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a six-count complaint against Mick Morfey (Morfey)
and William Knauer (Knauer). The five-count complaint concerns asbestos removal,
handling, and disposal during renovation activities in January 2006 at barracks buildings
266 and 267 situated within the former Savanna Army Depot, Savanna, Carroll County.
The People and the sole remaining respondent, Mick Morfey, now seek to settle without a
hearing.
1
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (2006)), the
Attorney General and the State’s Attorneys may bring actions before the Board to enforce
Illinois’ environmental requirements on behalf of the People.
See
415 ILCS 5/31 (2006);
35 Ill. Adm. Code 103. In this case, the People allege that respondent violated various
provisions of the Act, the National Emissions Standards for asbestos, and a Board rule.
The People further allege that respondents violated Sections 9(a), 9. 1(d), 9.13(a) and 9(c)
of the Act, 415 ILCS 5/9(a), 9.1 (d), 9. 13(a), 9(c) (2006). Complainant also alleged
respondent violated Sections 61.145(a) and (b), 61.145(c)(i), (c)(2), (c)(6) and (c)(8),
61.150(b) of the National Emissions Standards for Hazardous Air Pollutants (NESHAPs)
for asbestos, 40 C.F.R. 61.145(a) and (b), 61.145(c)(i), (c)(2), (c)(6) and (c)(8),
61.150(b)(1)
The Board directs the Clerk to provide public notice of the parties’ stipulation,
proposed settlement, and request for relief from the hearing requirement.
2
1
As to respondent Knauer, by order of March 31, 2008, the Board granted the People’s
motions to deem facts admitted and for summary judgment. The Board found that Knauer
committed the alleged violations, and assessed a civil penalty of $100,000. People v.
Mick Morfey and William Knauer, PCB 07-144 (March 31, 2008).
by failure to provide timely advance notification of renovation, failure to
2
While the Board generally does not have jurisdiction of enforcement of USEPA rules, Section
9(b) of the Act provides that the federal NESHAPs “are applicable to the state and enforceable
under the Act.” 415 ILCS 5/9(b)(2006). Pursuant to Section 112(b)(l) of the Clean Air Act
(CAA), 42 U.S.C. 7412(b)(l) (2007), the Administrator of the United States Environmental
2
properly wet, collect and deposit of renovation, failure to properly wet, collect and deposit
“regulated asbestos-containing material” (RACM), improper disposal of RACM, failure to
pay asbestos fee, open burning of refuse, and by threatening the emission of contaminants
so as to tend to cause air pollution.
On February 11, 2009, the People and respondent Morfey 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) (2006)). This filing is authorized by
Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2006)), which requires that the public
have an opportunity to request a hearing whenever the State and a respondent propose
settling an enforcement action without a public hearing.
See
35 Ill. Adm. Code
103.300(a). Under the proposed stipulation, respondent Morfey admits to the alleged
violations and agrees to pay a civil penalty of $1,000.
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.
See
415 ILCS 5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
the Clerk to provide the required notice.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify
that the Board adopted the above order on February 19, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
Protection Agency (U.S. EPA) lists asbestos as a hazardous air pollutant. Asbestos is a known
human carcinogen for which there is no known safe level of exposure. Comp. para. 18-19.
