ILLINOIS POLLUTION CONTROL BOARD
    December 1, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    BAG MAKERS, INC., an Illinois corporation,
     
    Respondent.
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    PCB 05-192
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On April 29, 2005, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Bag Makers, Inc. (Bag Makers).
    See
    415
    ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that Bag Makers violated
    Section 9(a) and (b) and 39.5(6)(b) of the Environmental Protection Act (Act) (415 ILCS 5/9(a)
    and (b) and 39.5(6)(b) (2004)) and 35 Ill. Adm. Code 201.142, 201.143, 201.302(a), 203.201,
    218.404(b), 254.132(a), and 254.137(a). The People further allege that Bag Makers violated
    these provisions by (1) constructing air emission sources without a permit; (2) failing to obtain
    operating permits for new air emission sources; (3) failing to obtain a Clean Air Act Permit
    Program permit; (4) failing to comply with New Source Review requirements; (5) failing to
    timely submit annual emissions reports; and (6) violating flexographic printing rules and failing
    to maintain records. The complaint concerns Bag Makers’ flexographic printing facility at 6606
    South Union Road, Union, McHenry County.
     
    On November 16, 2005, the People and Bag Makers 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). Under the proposed stipulation,
    Bag Makers neither admits nor denies the alleged violations and agrees to pay a civil penalty of
    $62,700.
     
    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. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 1, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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