The Illinois Pollution Control Board recently ordered a property owner to pay a $3,000 civil penalty for violating asbestos regulations in People v. Landers, Case No. PCB 07-13. This case concerned demolition of a building located at 1229 West Jackson Street in Auburn, Sangamon County, Illinois.
The State alleged that the property owner violated the Illinois Environmental Protection Act by failing to provide Illinois EPA with the required written notification at least ten working days before starting the demolition. The property owner also failed to pay the required $300 asbestos fee before starting demolition activities.
The Board had previously granted summary judgment to the State regarding liability for the violations, so the only issue left before the Board was the calculation of the civil penalty amount. Although the Board found that the total maximum penalty could have been “well over $50,000”, the Board also found that, in the past, it had levied fines as low as $1,000 and as high as $8,000 for similar cases. For this case, the Court ruled that a $3,000 civil penalty was appropriate.
Stay tuned to the Illinois Environmental Law Blog for more news and developments. To set up a free initial consultation to discuss your legal matter, please contact Chicago environmental attorney Dave Scriven-Young at (312) 239-9722 or dscriven-young@pecklaw.com.
