ILLINOIS POLLUTION CONTROL BOARD
    January 7, 2010
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    DAVID J. SCHULTZ,
    Respondent.
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    PCB 09-74
    (Enforcement - Air)
    ORDER OF THE BOARD (by C.K. Zalewski):
    On April 6, 2009, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a two-count complaint against David J. Schultz (Schultz).
    See
    415
    ILCS 5/31(c)(1) (2008); 35 Ill. Adm. Code 103.204. The complaint concerns Mr. Schultz’ real
    property located 400 N. Ninth Street, Springfield, Sangamon County. The real property is a
    commercial building (Building T), and formerly a part of St. John’s Hospital of the Sisters of the
    Third Order of St. Francis.
    The parties now seek to settle without a hearing. For the reasons below, the Board directs
    the Clerk to provide public notice of the parties’ stipulation, proposed settlement, and request for
    relief from the hearing requirement.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2008))
    1
    , 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 (2008); 35 Ill. Adm.
    Code 103. In this case, the People allege that David J. Schultz violated Section 9.1(d)(1) of the
    Act, (415 ILCS 5/9.1(d)(1) (2008)) and Sections 60.145(b)(1), 61.145(c)(1), 61.145(c)(3),
    61.145(c)(6)(i), 61.145(c)(6)(ii), 61.145(c)(6)(iii), 61.145(c)(8), 61.150(a)(1), and 61.150(b) of
    the National Emissions Standards for Hazardous Air Pollutants (NESHAPs), for asbestos (40
    C.F.R. §§ 60.145(b)(1), 61.145(c)(1), 61.145(c)(3), 61.145(c)(6)(i), 61.145(c)(6)(ii),
    61.145(c)(6)(iii), 61.145(c)(8), 61.150(a)(1), and 61.150(b)).
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    1
    All citations to the Act will be to the 2008 compiled statutes because the provisions at issue
    have not been substantively amended in the 2008 compiled statutes.
    The People further allege that Mr.
    Schultz violated these provisions by not providing timely advance notification of renovation;
    2
    While the Board generally does not have jurisdiction over rules adopted by the United States
    Environmental Protection Agency (USEPA), Section 9(b) of the Act provides that federal
    NESHAPs “are applicable to the state and enforceable under the Act.” 415 ILCS 5/9(b) (2008).
    Pursuant to Section 112(b)(1) of the Clean Air Act, 42 U.S.C. 7412(b)(1) (2007), the USEPA
    Administrator lists asbestos as a hazardous air pollutant. Asbestos is a known human carcinogen
    for which there is no known safe level of exposure.
    2
    failing to properly wet, collect, and deposit “asbestos-containing material” (RACM); improperly
    disposing of RACM; and, by failing to have a person properly trained in NESHAP requirements
    present during the renovation activities.
    On December 17, 2009, the People and Schultz 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) (2008)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2008)), 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, Schultz
    admits the alleged violations and agrees to pay a civil penalty of $7,000.
    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 January 7, 2010, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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