ILLINOIS POLLUTION CONTROL BOARD
    February 16, 2006
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    PRECISION TWIST DRILL CO., a Delaware
    corporation,
     
    Respondent.
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    PCB 05-207
    (Enforcement - Air)
          
     
    OPINION AND ORDER OF THE BOARD (by A.S. Moore):
     
    On June 7, 2005, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Precision Twist Drill Co (Precision).
    See
    415 ILCS
    5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The People allege that Precision violated
    Sections 9(a) and 39.5(6)(b) of the Environmental Protection Act (Act) (415 ILCS 5/9(a) and
    39.5(6)(b) (2004)) and 35 Ill. Adm. Code 218.204(j)(4) and 218.211(c). The People further
    allege that Precision violated these provisions by (1) failing to obtain a Clean Air Act Permit
    Program permit and pay permit fees; (2) violating volatile organic material emission limitations;
    and (3) failing to maintain records and submit required reports. The complaint concerns
    Precision’s drill bit manufacturing facility at 301 Industrial Drive, Crystal Lake, McHenry
    County.
     
    On January 12, 2006, the People and Precision 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)).
    See
    35 Ill. Adm. Code 103.300(a). The Board provided notice of
    the stipulation, proposed settlement, and request for relief. The newspaper notice was published
    in the
    Northwest Herald
    on January 18, 2006. 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).
     
    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
    Precision’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)). The People and Precision have satisfied
    Section 103.302. Precision does not admit the alleged violations and agrees to pay a civil
    penalty of $30,500, $30,000 of which is designated to the Illinois Environmental Protection Trust
    Fund and $500 of which is designated to the Illinois Environmental Permit and Inspection Fund.
    The Board accepts the stipulation and proposed settlement.
     
     
     
      
    2
    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. Precision must pay a civil penalty of $30,500, $30,000 of which is designated to
    the Illinois Environmental Protection Trust Fund and $500 of which is designated
    to the Illinois Environmental Permit and Inspection Fund. Precision shall pay the
    penalty no later than Monday, March 20, 2006, which is the first business day
    after the 30th day after the date of this order. Precision must pay the civil penalty
    by certified check or money order, payable in the amount of $30,000 to the
    Illinois Environmental Protection Trust Fund and in the amount of $500 to the
    Illinois Environmental Permit and Inspection Fund. The case number, case name,
    and Precision’s social security number or federal employer identification number
    must be included on the certified check or money order.
     
    3. Precision must send the certified check or money order to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4. 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)).
     
    5. Precision 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.
     
     
      
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on February 16, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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