ILLINOIS POLLUTION CONTROL BOARD
September 9, 1999
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ALABAMA METAL INDUSTRIES CORPORATION, a
Delaware corporation,
Respondent.
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PCB 99-194
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by M. McFawn):
On August 5, 1999, complainant filed a stipulation and proposal for settlement, accompanied by an agreed
motion requesting relief from the hearing requirement imposed by Section 31(c)(1) of the Environmental
Protection Act (Act) (415 ILCS 5/31(c)(1) (1998)). Public notice of the proposed settlement was published in the
Chicago Sun-Times
on August 9, 1999. In accordance with Section 31(c)(2) of the Act, any person may file a written
demand for hearing within 21 days after publication of the notice. The Board received no written demand for a
hearing. The Board therefore may, and will, grant the agreed motion for relief from the hearing requirement.
The five count complaint filed in this case alleges that respondent Alabama Metal Industries Corp. (AMI)
violated Sections 9(a), 9(b), and 39.5(6)(b) of the Act, 415 ILCS 5/9(a), 9(b), 39.5(6)(b) (1998), and 35 Ill. Adm. Code
201.142, 201.143, 201.302(a), 203.201, 203.203(a), 218.204(j)(4)(A), 254.301(a), and 270.201(c), by constructing a major
stationary source in a nonattainment area without a permit (count I), operating new emission sources without an
operating permit (count II), failing to utilize coatings containing compliant concentrations of volatile organic
material (VOM) (count III), operating a major stationary source without a Clean Air Act Permit Program (CAAPP)
permit (count IV), and failing to submit annual emission reports (count V). Under the proposed settlement, AMI
neither admits nor denies the allegations in the complaint, but agrees to pay a civil penalty of $50,000.
The stipulation submitted by the parties sets forth facts relating to
AMI’s operations, the alleged
violations, and the factors considered by the Board under Sections 33(c) and 42(h) of the Act, 415 ILCS 5/33(c), 42(h)
(1998) in crafting final orders and determining monetary penalties. Based on the facts set forth in the stipulation,
the Board concludes that the proposed settlement is reasonable. The Board will accept the proposal for settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law in this matter.
ORDER
1.
The hearing requirement of Section 31(c)(1) of the Act is waived in this case.
2.
The Board accepts the “Stipulation and Proposal for Settlement” executed by the People of the
State of Illinois and AMI concerning
AMI’s facility located in
Broadview, Cook County, Illinois.
The “Stipulation and Proposal for Settlement” is incorporated by reference as though fully set
forth herein. Although not every term of the settlement is set forth in this order, all terms of the
settlement are incorporated into this order.
3.
AMI must pay $50,000 within 30 days of the date of this order. Such payment must be made by
certified check or money order payable to the Treasurer of the State of Illinois, designated to the
Environmental Protection Trust Fund. The name and number of this case and AMI’s federal
employer identification number must appear on the check.
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4.
The certified check or money order must be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
A copy of the check must be sent to:
Johnna J. Potthoff
Assistant Attorney General
Environmental Bureau
100 West Randolph Street, 11th Floor
Chicago, Illinois 60601
5.
Any penalty not paid within the time prescribed will incur interest at the maximum rate
allowable under Section 1003(a) of the Illinois Income Tax Act, 35 ILCS 5/1003(a), as now or
hereafter amended, from the date payment is due until the date payment is received. Interest
will not accrue during the pendency of an appeal during which payment of the penalty has been
stayed.
6.
AMI must cease and desist from further violations of the Act and the regulations promulgated
thereunder.
IT IS SO ORDERED.
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Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the appeal of final
Board orders to the Illinois Appellate Court within 35 days of service of this order. Illinois Supreme Court Rule
335 establishes such filing requirements. See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for
Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above opinion
and order was adopted on the 9th day of September 1999 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board