ILLINOIS POLLUTION CONTROL BOARD
    October 20, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    WIENMAR, INC., an Illinois corporation,
     
    Respondent.
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    PCB 05-95
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On November 16, 2004, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Wienmar, Inc. (Wienmar).
    See
    415 ILCS
    5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns Wienmar’s molded resin
    products manufacturing facility at 1601 La Fox, South Elgin, Kane County. The parties now
    seek to settle. For the reasons below, the Board accepts the parties’ stipulation and proposed
    settlement.
     
    Under the Environmental Protection Act (Act) (415 ILCS 5/1
    et seq
    . (2004)), the
    Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the
    People to enforce Illinois’ environmental requirements.
    See
    415 ILCS 5/31 (2004); 35 Ill. Adm.
    Code 103. In this case, the People allege that Wienmar violated Sections Sections 9(a) and (b),
    9.1(d)(1), 9.8(b), and 39.5(6)(b) of the Act (415 ILCS 5/9(a) and (b), 9.1(d)(1), 9.8(b), and
    39.5(6)(b) (2004)); 35 Ill. Adm. Code 201.302(a), 203.201, 205.310(a)(3), 254.132(a),
    254.137(a), and 270.301(b); and 42 U.S.C. 7412(g)(2)(B). The People further allege that
    Wienmar violated these provisions by (1) operating a major stationary source without a Clean
    Air Act Operating Permit Program permit; (2) failing to comply with new source review
    requirements; (3) failing to obtain a maximum achievable control technology determination; (4)
    failing to comply with Emission Reduction Market System requirements; (5) violating
    construction and operating permit conditions and related regulatory requirements; and (6) failing
    to timely submit annual emissions reports.
     
    On September 19, 2005, the People and Wienmar 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)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2004)), 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). The Board provided notice of the stipulation,
    proposed settlement, and request for relief from hearing. The Board published newspaper notice
    in the
    Courier News
    on September 22, 2005. 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).
     
    2
    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
    Wienmar’s operations. Section 103.302 also requires that the parties stipulate to facts called 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.
     
    Wienmar neither admits nor denies the alleged violations. 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. Wienmar agrees to pay a civil penalty of $55,000.
     
    The People and Wienmar have satisfied Section 103.302. The Board accepts the
    stipulation and proposed settlement. This docket is now closed.
     
    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. Wienmar must pay a civil penalty of $55,000 no later than November 19, 2005,
    which is the first business day after the 30th day after the date of this order.
    Wienmar must pay the civil penalty by certified check, money order, or electronic
    funds transfer, payable to the Environmental Protection Trust Fund. The case
    number, case name, and Wienmar’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3. Wienmar must send the certified check, money order, or electronic funds transfer
    to the following person at the indicated address:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4. Wienmar must send a copy of the certified check, money order, or record of
    electronic funds transfer and any transmittal letter to the following persons at the
    indicated addresses:
     
    Rebecca A Burlingham
    Assistant Attorney General
    Environmental Bureau
    188 West Randolph Street, 20th Floor
    Chicago, Illinois 60601
     
    3
    Maureen Wozniak
    Assistant Counsel
    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    5.
    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)).
     
    6.
    Wienmar 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 opinion and order on October 20, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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