ILLINOIS POLLUTION CONTROL BOARD
July 10, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CFC INTERNATIONAL, INC., a Delaware
corporation,
Respondent.
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PCB 08-94
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On May 30, 2008, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a three-count complaint against CFC International, Inc., a Delaware
corporation (CFC). The complaint concerns CFC’s operation of a coated film processing facility
located at 500 State Street, Chicago Heights, Cook County. The parties now seek to settle
without a hearing. For the reasons below, the Board accepts the parties’ stipulation and proposed
settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
environmental requirements on behalf of the People.
See
415 ILCS 5/31 (2006); 35 Ill. Adm.
Code 103. In this case, the People allege that CFC violated Sections 9(b), 39.5(6)(a), and
39.5(6)(b) of the Act (415 ILCS 5/9(b), 39.5(6)(a), (b) (2006)), and Section 201.142 of the
Board’s air pollution regulations (35 Ill. Adm. Code 201.142). The People allege that CFC
violated these provisions by (1) constructing new emission sources without timely obtaining
construction permits from the Illinois Environmental Protection Agency; (2) operating new
emission sources without a Clean Air Act Permit Program (CAAPP) permit; and (3) operating
beyond the original CAAPP permit’s expiration date without timely submitting a CAAPP permit
renewal application.
On May 30, 2008, the People and CFC also 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) (2006)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
5/31(c)(2) (2006)), 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. The newspaper notice was published in the
Southtown Star
on June 4, 2008. 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)
(2006); 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.
See
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 respondents’ 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) (2006)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. CFC 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) (2006)), which may mitigate or aggravate the civil penalty amount. CFC
agrees to pay a civil penalty of $60,000. The People and CFC have satisfied Section 103.302.
The Board accepts the stipulation and proposed settlement.
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.
CFC must pay a civil penalty of $60,000 no later than August 11, 2008, which is
the first business day following the 30th day after the date of this order. CFC
must pay the civil penalty by certified check or money order payable to the
Illinois Environmental Protection Agency, designated to the Illinois
Environmental Protection Trust Fund. The case name, case number and CFC’s
Federal Employer Identification Number must appear on the face of the certified
check or money order.
3.
CFC must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
CFC must send a copy of the certified check or money order and any transmittal
letter to:
Jennifer A. Tomas
Assistant Attorney General
Environmental Bureau
69 W. Washington Street, Suite 1800
Chicago, Illinois 60602
Chris Pressnall
Assistant Counsel
Illinois Environmental Protection Agency
3
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) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
5.
CFC must cease and desist from future violations of the Environmental Protection
Act and Board regulations that were the subject of the complaint.
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) (2006);
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, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on July 10, 2008, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
