ILLINOIS POLLUTION CONTROL BOARD
    June 5, 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)
    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 complaint as meeting the
    content requirements of the Board’s procedural rules.
    See
    35 Ill. Adm. Cod 103.204(c), (f).
    The Board further directs the Clerk to provide public notice of the parties’ stipulation, proposed
    settlement, and request for relief from the hearing requirement.
    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. The Board accepts the complaint.
    See
    35 Ill. Adm. Code 103.204.
    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). Under the proposed stipulation, CFC does not
    affirmatively admit the alleged violations but agrees to pay a civil penalty of $60,000.
    2
    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.
    See
    415 ILCS 5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk to provide the required notice.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on June 5, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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