ILLINOIS POLLUTION CONTROL BOARD
    July 20, 2006
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    AARGUS PLASTICS, INC., an Illinois
    corporation,
     
    Respondent.
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    PCB 04-9
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On July 17, 2003, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed an eight-count complaint against Aargus Plastics.
    See
    415 ILCS
    5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns Aargus Plastics’s
    polyethylene bag manufacturing facility at 1415 Redeker Road, Des Plaines, Cook 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 Aargus Plastics violated Sections 9(a) and (b) and
    39.5(6)(b) of the Act (415 ILCS 5 (2004)), 35 Ill. Adm. Code 201,302(a), 201.303,
    205.150(c)(1), 205.300(b)(1), and 218.401(a), and conditions 5.5.1, 5.7.1, 6.7(a)(i), 7.1.3(b), (c),
    and (d), 7.1.6, 9.2.1, and 9.8 of Clean Air Act Permit Program operating permit number
    95110088. The People further allege that Argus Plastics violated these provisions by (1) using
    flexographic printing inks that exceeded the maximum allowable volatile organic material
    (VOM) content after the deadline for using compliant inks and in violation of conditions set by
    permit; (2) failing to meet required milestones for compliance applicable to flexographic printing
    operations; (3) failing to submit reports and certifications required by permit condition; (4)
    emitting VOM in excess of amounts allowed by permit condition and by regulations; (5)
    submitting false reports required by permit condition and regulations; (6) operating an emission
    source not in compliance with permit conditions; and (7) failing to submit required notification
    of non-compliance with permit conditions.
     
    On May 31, 2006, the People and Aargus Plastics 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 Boar
    d provided notice of the stipulation,
     
    2
    proposed settlement, and request for relief from hearing. The Board published newspaper notice
    in the
    Des Plaines Times/Pioneer Press
    on June 8, 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). (The stipulation notes that the Des
    Plaines facility is no longer in operation and that Aargus Plastics moved its operations to
    Wheeling, Lake County.)
     
    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
    Aargus Plastics’ 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.
     
    Aargus Plastics 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. Aargus Plastics agrees to pay a civil penalty of $125,000,
    which the parties stipulate negates any economic benefit derived from delayed compliance. The
    People further assert will serve to deter further violations and aid in future voluntary compliance
    with the Act and Board regulations.
     
    The People and Aargus Plastics 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. Aargus Plastics, through its attorney of record, must pay a civil penalty of
    $125,000 no later than August 21, 2006, which is the first business day after the
    30th day after the date of this order. Aargus Plastics 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 Aargus
    Plastics’ federal employer identification number must be included on the certified
    check or money order.
     
    3. Aargus Plastics, through its attorney of record, 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
     
    3
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4. Aargus Plastics, through its attorney of record, must send a copy of the certified
    check, money order, or record of electronic funds transfer and any transmittal
    letter to the following person at the indicated address:
     
    George D. Theophilos, Assistant Attorney General
    Environmental Bureau
    188 West Randolph Street, 20th Floor
    Chicago, Illinois 60601
     
    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. Aargus Plastics 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 July 20, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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