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- ---------------..
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
ILLINOIS,
CFC INTERNATIONAL, INC., a
Delaware corporation,
Respondent.
v.
)
)
)
Complainant, )
)
)
)
)
)
)
)
PCB No. 08-
(Enforcement - Air)
COMPLAINT FOR CIVIL PENALTIES
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney
General
of the State of Illinois, complains of Respondent, CFC INTERNATIONAL, INC., a
Delaware corporation, as follows:
COUNT I
CONSTRUCTING AIR EMISSION SOURCES WITHOUT A PERMIT
1..
This Complaint is brought on behalf ofthe People of the State of Illinois by Lisa
Madigan, Attorney General
of the State of Illinois, on her own motion and at the request of the
Illinois Environmental Protection Agency ("Illinois EPA") pursuant to the terms and provisions
of Section 31 of the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/31 (2006), and is
an action for civil penalties.
2.
The Illinois EPA is an administrative agency established in the executive branch
of the State government by Section 4 of the Act, 415 ILCS 5/4 (2006), and is charged,
inter alia,
with the duty of enforcing the Act.
3.
At all times relevant to the Complaint, Respondent was and is a Delaware
corporation authorized to transact business in the State
of Illinois. As of June, 2006, Respondent
is a division
of Illinois Tool Works Inc., a Delaware corporation.
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4.
Respondent operates a coated film processing facility located at 500 State Street,
.Chicago Heights, Cook County, Illinois ("Site" or "Chicago Heights Facility").
5.
At the Site, Respondent coats rolls ofplastic film using mixing, blending and
coating operations. Respondent sells the coated film to its customers, who transfer the coatings
to their products or laminate them on to a substrate for decorative, protective or informative
purposes.
6.
The processes at the Chicago Heights Facility involve regulated emissions of
volatile organic materials ("VOMs") and hazardous air pollutants ("HAPs") such as solvents and
thinners.
7.
Emission sources at the Chicago Heights Facility include the Milling Operations
[three (3) ball mills and three (3) horizontal mills], Mixing and Blending Operations [one (1)
mixing tank and seven (7) vat stands], all controlled by a baghouse; Mixing and Blending
Operations [two (2) kady mills and two (2) sand mills], all controlled by a dust collector; and
Coating Units [twelve (12) flexographic printing presses and three (3) rotogravure printing
presses], controlled by two oxidizers.
8.
Respondent's operations at the Chicago Heights Facility are subject to the Act and
the Illinois Pollution Control Board ("Board") rules and regulations for air pollution, which are
found in Title
35 of the Illinois Administrative Code, Subtitle B, Chapter I ("Board Air Pollution
Regulations").
9.
In addition to the Chicago Heights Facility, Respondent also operated a facility at
5400 East Avenue, Countryside, Cook County, Illinois ("Countryside Facility"), which ceased
operation in the spring
of 2006. In May and June 2006, Respondent moved two (2) flexographic
printing presses, two (2) Intaglio printing presses, one (1) non-heatset lithographic printing press,
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and four (4) ink jet printers from its Countryside Facility to the Chicago Heights Facility.
10.
Section 9(b) of the Act, 415 ILCS 5/9(b) (2006), provides as follows:
No person shall:
***
(b)
Construct, install, or operate any equipment, facility, vehicle, vessel, or
aircraft capable
of causing or contributing to air pollution or designed to
prevent air pollution, of any type designated by Board regulations, without
a
permit granted by the Agency, or in violation of any conditions imposed
by such permit;
11.
Sections 3.115, 3.165 and 3.315 of the Act, 415 ILCS 5/3.115, 5/3.165 and
5/3.315 (2006), provide the following definitions, respectively:
I!Air pollution" is the presence in the atmosphere of one or more contaminants in
sufficient quantities and
of such characteristics and duration as to be injurious to
human, plant, or animal life, to health, or to property, or to unreasonably interfere
with the enjoyment
oflife or property.
"Contaminant" is any solid, liquid, or gaseous matter, any odor, or any form
of
energy, from whatever source.
"Person" is any individual, partnership, co-partnership, firm, company, limited
liability company, corporation, association, joint stock company, trust, estate,
political subdivision, state agency, or any other legal entity, or their legal
representative, agent or assigns.
12.
Respondent is a "person" as that term is defined in Section 3.315 of the Act, 415
ILCS 5/3.315 (2006).
13.
VOMs and HAPs are "contaminants" as that term is defined in Section 3.165 of
the Act, 415 ILCS 5/3.165 (2006).
14.
Section 201.142 of the Board Air Pollution Regulations, 35 Ill. Adm. Code
201.142, provides
as follows:
Construction Permit Required
No person shall cause or allow the construction
of any new emission source or
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any new air pollution control equipment, or cause Of allow the modification of
any existing emission source or air pollution control equipment, without first
obtaining a construction permit from the Agency, except as provided in Sections
201.146 or Section 201.170(b)
of this Part.
15.
Section 201.102 of the Board Air Pollution Regulations, 35 Ill. Adm. Code
201.102, provides the following definitions:
"Construction": Commencement
of on-site fabrication, erection or installation of
an emission source or of air pollution control equipment.
"Emission Source": Any equipment or facility
of a type capable of emitting
specified air contaminants to the atmosphere.
"New Emission Source": Any emission source, the construction or modification
of which is commenced on or after April 14, 1972.
"Specified Air Contaminant": any air contaminant
as to which this Subtitle
contains emission standards or other specific limitations and any contaminant
regulated in Illinois pursuant to Section
9.1 of the Act.
16.
VOMs and HAPs are "specified air contaminants" as that term is defined in
Section 201.102
of the Board Air Pollution Regulations.
17.
The equipment identified in Paragraph 9 which was moved to the Chicago
Heights Facility consists
of emission sources capable of emitting VOMs and HAPs, therefore
Respondent "constructed" "new emission sources" as these terms are defined by Section 201.102
of the Board Air Pollution Regulations, 35 Ill. Adm. Code 201.102.
18.
On June 20, 2006, Respondent filed a construction permit application for the
equipment moved from the Countryside Facility to the Chicago Heights Facility. A construction
permit was issued
by the Illinois EPA on January 16, 2007.
19.
Respondent failed to timely obtain the required construction permit from the
Illinois EPA prior to constructing the new emission sources at the Chicago Heights Facility.
. 20.
Respondent'snew emission sources were not exempted from the State permitting
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requirements by the Illinois EPA pursuant to Section 201.146 of the Board Air Pollution
Regulations,
35 Ill. Adm. Code 201.146.
21.
By constructing new emission sources without timely obtaining construction
permits from the Illinois EPA, Respondent violated Section 201.142
of the Board Air Pollution
Regulations,
35 Ill. Adm. Code 201.142, and thereby, violated Section 9(b) of the Act, 415 ILCS
5/9(b) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent, CFC INTERNATIONAL, INC., on
Count I for the following relief:
1.
Authorize a hearing in this matter at which time Respondent will be required to
answer the allegations herein;
2.
Find that Respondent has violated Section 9(b) of the Act, 415 ILCS 5/9(b)
(2006), and Section
201; 142 ofthe Board Air Pollution Regulations, 35 Ill. Adm. Code 201.142;
3.
Order Respondent to cease and desist from any further violations of Section 9(b)
of the Act, 415 ILCS 5/9(b) (2006), and Section 201.142 of the Board Air Pollution Regulations,
35 Ill. Adm. Code 201.142;
4.
Assess against the Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each and every violation
ofthe Act and pertinent regulations, and an additional
civil penalty
ofTen Thousand Dollars ($10,000.00) for each day of violation;
5.
Grant such other relief as the Board deems appropriate and just.
COUNT
II
OPERATING NEW EMISSION SOURCES WITHOUT A CAAPP PERMIT
1-11. Complainant re-alleges and incorporates by reference herein paragraphs 1 through
5
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9, 11 and 12, of Count I as paragraphs 1 through 11 of this Count II.
12.
Section 39.5(6)(a)
of the Act, 415 ILCS 5/39.5(6)(a) (2006), provides as follows:
Clean Air Act Permit Program
6.
Prohibition
*
*
*
a.
It
shall be unlawful for any person to violate any terms or
conditions
of a permit issued under this Section, to operate any
CAAPP source except in compliance with a permit issued
by the
Agency under this Section or to violate any other applicable
requirements.
13.
Section
39~5
ofthe Act, 415 ILCS 5/39.5 (2006), provides the following
definitions:
"CAAPP" means the Clean Air Act Permit Program, developed pursuant to Title
V
of the Clean Air Act.
"CAAPP Permit"
... means any permit issued, renewed, amended, modified or
revised pursuant to Title V
of the Clean Air Act.
"CAAPP source" means any source for which the owner or operator is required to
obtain a CAAPP permit pursuant to subsection 2
of this Section.
"Owner or operator" means any person who owns, leases, operates, controls, or
supervises a stationary source.
.14.
Between
May and June 2006, Respondent installed and began operating several
pieces
of equipment that it transferred from its Countryside Facility to its Chicago Heights
Facility as follows:
a)
Two (2) Intaglio printing presses were installed in May 2006; one of the
presses never operated, the other operated through June 2006;
b)
Two (2) flexographic printing presses were installed in June 2006; one
of
the presses operated only in June and August 2006 and the other operated
throughout 2006; and
c)
Of the four (4) inkjet printers transferred, one was installed and operated
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in May 2006, one was installed and operated in June and July 2006, one
was moved but never installed, and one was decommissioned.
15.
The above-referenced equipment was included in the CAAPP permit for the
Countryside Facility, but it was not included in the Chicago Heights Facility CAAPP permit.
16.
On January
25,2005, the Respondent filed its CAAPP renewal application for the
Chicago Heights Facility with the Illinois EPA.
17.
On December 13, 2007, the Illinois EPA granted Respondent a renewal CAAPP
permit, which allows Respondent to operate the equipment moved from Respondent's
Countryside Facility to the Chicago Heights Facility.
18.
From at least May 2006, the exact date better known by Respondent, and
continuing until December 13,2007, Respondent operated new emission sources at the Chicago
Heights Facility without a CAAPP permit.
19.
Respondent; by its actions and omissions as alleged herein, violated Section
39.5(6)(a)
of the Act, 415 ILCS 5/39.5(6)(a) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent, CFC INTERNATIONAL, INC., on
Count II for the following relief:
1.
Authorize a hearing in this matter at which time Respondent will be required to
answer the allegations herein;
2.
Find that Respondent has violated Section 39.5(6)(a) ofthe Act, 415 ILCS
5/39.5(6)(a) (2006);
3.
Order Respondent to cease and desist from any further violations of Section
39.5(6)(a)
of the Act, 415 ILCS 5/39.5(6)(a) (2006);
4.
Assess against the Respondent a civil penalty ofTen Thousand Dollars
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($10,000.00) per day for each day of violation;
5.
Grant such other relief as the Board deems appropriate and just.
COUNT
III
CONTINUING OPERATION AFTER FAILING TO TIMELY SUBMIT A CAAPP
PERMIT RENEWAL APPLICATION
1-12. Complainant re-alleges and incorporates by reference herein paragraphs 1 through
11
and paragraph 13 of Count II as paragraphs 1 through 12 ofthis Count III.
13.
Respondent is an owner/operator of a CAAPP source, and obtained an initial
CAAPP permit for the Chicago Heights Facility pursuant to the Clean Air Act Permit Program as
those terms are defined in Section 39.5
of the Act, 4.15 ILCS 5/39.5 (2006).
14.
Respondent was issued an initial CAAPP Permit Number 95120155 on April 21,
2000, with an expiration date
of April 21, 2005.
15.
Section 39.5(6)(b) of the Act, 415 ILCS 5/39.5(6)(b), provides as follows:
6.
Prohibitions
**
b.
After the applicable CAAPP permit or renewal application
submittal date,
as specified in subsection 5 of this Section, no
person shall operate a CAAPP source without a CAAPP permit
unless the complete CAAPP permit or renewal application for such
source has been timely submitted to the Agency.
16.
Section 39.5(5)(n) of the Act, 415 ILCS 5/39.5(5)(n) (2006), provides as follows:
5.
Applications and Completeness.
n.
For purposes of permit renewal, a timely application is one that is
submitted
no, less than 9 months prior to the date of permit
expiration.
17.
Respondent was required to submit its CAAPP permit renewal application no
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later than July 21,2004, nine months prior to the expiration date of its CAAPP Permit No.
95120155.
18.
The Agency received the Respondent'spermit application on January
25,2005,
which is 188 days late.
19.
On December 13, 2007, the Illinois EPA issued the renewal CAAPP permit to
Respondent.
20.
By failing to submit its CAAPP permit renewal application in a timely manner
and
by operating the Chicago Heights Facility from April 21, 2005, when the original CAAPP
permit expired, to December 12,2007, without the requisite CAAPP permit, Respondent violated
Section 39.5(6)(b)
ofthe Act, 415 ILCS 5/39.5(6)(b) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against Respondent, CFC INTERNATIONAL, INC., on
Count III for the following relief:
1.
Authorize a hearing in this matter at which time Respondent will be required to
answer the allegations herein;
2.
Find that Respondent has violated Section 39.5(6)(b) of the Act, 415 ILCS
5/39.5(6)(b) (2006);
3.
Order Respondent to cease and desist from any further violations
of Section
39.5(6)(b)
of the Act, 415 ILCS 5/39.5(6)(b) (2006);
4.
Assess against the Respondent a civil penalty ofTen Thousand Dollars
($10,000.00) per day for each day
of violation;
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5.
Grant such other relief as the Board deems appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney
General
of the State of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement!
Asbestos Litigation Division
Of Counsel:
JENNIFER
A.
TOMAS
Assistant Attorney General
Environmental Bureau
69
W. Washington Street, Suite 1800
Chicago, Illinois 60602
(312) 814-0609
By:
~~u~:-~-_-...==~
Environmental Bureau
Assistant Attorney General
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Electronic Filing - Received, Clerk's Office, May 30, 2008
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
ILLINOIS,
Complainant,
v.
CFC INTERNATIONAL, INC.,
a Delaware corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
)
PCB No. 08-
(Enforcement-Air)
MOTION FOR RELIEF FROM HEARING REQUIREMENT
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General
of the State of Illinois, and pursuant to Section 31 (c)(2) of the
Illinois Environmental Protection Act ("Act"), 415 ILCS
5/31
(c)(2) (2006), moves that the
Illinois Pollution Control
Board ("Board") grant the parties in the above-captioned matter relief
from the hearing requirement imposed by Section 31 (c)(1) ofthe Act, 415 ILCS
5/31
(c)(1)
(2006). In support
of this motion, Complainant states as follows:
1. The Complaint in this matter alleges violations of Sections 9(b), 39.5(6)(a), and
39.5(6)(b)
of the Act, 415 ILCS
5/9(b),
39.5(6)(a), and 39.5(6)(b) (2006), and Section 201.142
of the Board Air Pollution Regulations, 35 Ill. Adm. Code 201.142.
2.
The parties have reached agreement on all outstanding issues
in this matter.
3.
This agreement is presented to the
Board in a Stipulation and Proposal for
Settlement filed this same date.
4.
All parties agree that a hearing
on the Stipulation and Proposal for Settlement is
not necessary, and r.espectfully request
relief from such a hearing as allowed by Section 31 (c)(2)
ofthe Act, 415 ILCS
5/31(c)(2) (2006).
Electronic Filing - Received, Clerk's Office, May 30, 2008
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WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, hereby requests
that the
Board grant this motion for relief from the hearing requirement set forth in Section
31(c)(1)
of the Act, 415 ILCS 5/31(c)(I) (2006).
~espectfully
submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General
State
of Illinois
BY'
'-.&.........
"~.u
ER
A.
OMAS
Assistant Attorney General
Environmental Bureau
69 W. Washington Street, Ste. 1800
Chicago, Illinois 60602
(312) 814-0609
DATE:
YV1~
3D
,2008
2
Electronic Filing - Received, Clerk's Office, May 30, 2008
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Respondent.
PEOPLE OF THE STATE OF
ILLINOIS,
CFC INTERNATIONAL, INC.,
a Delaware corporation,
v.
)
)
)
Complainant, )
)
)
)
)
)
)
)
)
PCB No. 08-
(Enforcement-Air)
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, the Illinois Environmental
Protection Agency ("Illinois EPA"), and CFC International, Inc. ("Respondent"), have
agreed to the making of this Stipulation and Proposal for Settlement ("Stipulation") and
submit it to the Illinois Pollution Control Board ("Board") for approval. The
Complainant, Illinois EPA, and Respondent ("parties to this Stipulation") agree that
the statement of facts contained herein represents a fair summary of the evidence and
testimony which would be introduced by the parties to this Stipulation if a hearing
were held. The parties to this Stipulation further stipulate that this statement of
facts is made and agreed upon for purposes of settlement only and that neither the
fact that a party to this Stipulation has entered into this Stipulation, nor any of the
facts stipulated herein, shall be introduced into evidence in any other proceeding
regarding the claims asserted in the Complaint except as otherwise provided herein.
If the Board approves and enters this Stipulation, Respondent agrees to be bound by
the Stipulation and Board Order and not to contest their validity in any subsequent
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proceeding to implement or enforce their terms.
I.
JURISDICTION
The Board has jurisdiction of the subject matter herein and of the parties to this
Stipulation consenting hereto pursuant to the Illinois Environmental Protection Act
("Act"), 415 ILCS 5/1 et seq. (2006).
II.
AUTHORIZATION
The undersigned representatives for the Complainant, the Illinois EPA
and Respondent certify that they are fully authorized to enter into the terms
and conditions of this Stipulation and to be legally bound by it.
III.
STATEMENT OF FACTS
A.
Parties to this Stipulation
1.
On
, 2008, a Complaint was filed on behalf of the
People of the State of Illinois by Lisa Madigan, Attorney General of the State of
Illinois, on her own motion and upon the request of the Illinois EPA, pursuant to
Section 31 of the Act, 415 ILCS 5/31 (2006), against the Respondent.
2.
The Illinois EPA is an administrative agency of the State of Illinois,
created pursuant to Section 4 of the Act, 415 ILCS 5/4 (2006).
3.
At all times relevant to the Complaint, Respondent was and is a Delaware
corporation authorized to transact business in the State of Illinois. As of June, 2006,
Respondent is a division
of Illinois Tool Works Inc., a Delaware corporation.
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B.
Site Description
1.
Respondent operates a coated film processing facility located at 500
State Street, Chicago Heights, Cook County, Illinois ("Site" or "Chicago Heights
Facility").
2.
The processes at the Chicago Heights Facility involve regulated
emissions of volatile organic materials ("VOMs") and hazardous air pollutants
("HAPs") such as solvents and thinners.
4.
In addition to the Chicago Heights Facility, Respondent also operated
a facility at 5400 East Avenue, Countryside, C,ook County, Illinois ("Countryside
Facility"), which ceased operation in the spring of 2006. In May and June 2006,
Respondent moved two (2) flexographic printing presses, two (2) Intaglio printing
presses, one (1) non-heat set lithographic printing press, and four (4) ink jet printers
from its Countryside Facility to its Chicago Heights Facility.
C.
Allegations of Non-Compliance
Complainant and Illinois EPA contend that the Respondent has violated
the following provisions of the Act and Board regulations:
Count I:
Count II:
Constructing Air Emission Sources without a Permit, in
violation of Section 9(b) of the Act, 415 ILCS 5/9(b)
(2006), and Section 201.142 of the Board Air Pollution
Regulations, 35 Ill. Adm. Code 201.142;
Operating New Emission Sources without a Clean Air
Act Permit Program (CAAPP) Permit, in violation of
Section 39.5(6)(a) of the Act, 415 ILCS 5/39.5(6)(a) (2006);
and
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Count III:
----- -------- -----------------------------------"
Continuing Operation After Failing to Timely Submit a
CAAPP Permit Renewal Application, in vi 0 I at ion 0 f
Section 39.5(6)(b) of the Act, 415 ILCS 5/39.5(6)(b)
(2006).
D.
Admission of Violations
The Respondent neither admits nor denies the violations alleged in the
Complaint filed in this matter and referenced herein.
E.
Compliance Activities to Date
1.
On June 20, 2006, Respondent filed a construction permit application
for the equipment moved from the Countryside Facility to the Chicago Heights
Facility. A construction permit was issued by the Illinois EPA on January 16, 2007.
2.
On December 13, 2007, the Illinois EPA issued Respondent a renewal
CAAPP permit, which allows Respondent to operate all equipment currently located
at the Chicago Heights facility including the equipment moved from Respondent's
Countryside Facility to the Chicago Heights Facility.
IV.
APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant, the
Illinois EPA and the Respondent, and any officer, director, agent, or employee of the
Respondent, as well as any successors or assigns of the Respondent. The
Respondent shall not raise as a defense to any enforcement action taken pursuant to
this Stipulation the failure of any of its officers, directors, agents, employees or
successors or assigns to take such action as shall be required to comply with the
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provisions of this Stipulation.
V.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of the Respondent to
comply with any other federal, state or local laws or regulations including, but not
limited to, the Act and the Board regulations, 35 Ill. Adm. Code, Subtitles A through
H.
VI.
IMPACT ON THE PUBLIC RESULTING FROM ALLEGED
NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c) (2006), provides as follows:
In making its orders and determinations, the Board shall take into
consideration all the facts and circumstances bearing upon the
reasonableness of the emissions, discharges, or deposits involved
including, but not limited to:
1.
the character and degree of injury to, or interference with the
protection of the health, general welfare and physical property of
the people;
2.
the social and economic value of the pollution source;
3.
the suitability or unsuitability of the pollution source to the area
in which it is located, including the question of priority of
location in the area involved;
4.
the technical practicability and economic reasonableness of
reducing or eliminating the emissions, discharges or deposits
resulting from such pollution source; and
5.
any subsequent compliance.
In response to these factors, the parties to this Stipulation state the
following:
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1.
The character and degree of the injury to human health and the
environment was minimal as the equipment moved from Respondent's Countryside
Facility to its Chicago Heights Facility was previously permitted by the Illinois
EPA.
2.
Respondent's Chicago Heights Facility has social and economic.
benefit."
3.
Respondent's Chicago Heights Facility is suitable for the area in which
it is located.
4.
It
is both technically practicable and economically reasonable to obtain
construction and operating permits prior to moving air emission sources from one
facility to another and to timely file a CAAPP permit renewal application.
5.
Respondent has subsequently complied with the permit requirements of
the Act and the Board Regulations by filing for and obtaining the necessary CAAPP
permit from the Illinois EPA.
VII.
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h) (2006), provides as follows:
In
determining the appropriate civil penalty to be imposed under
this Section, the Board is authorized to consider any matters of
record in mitigation or aggravation of penalty, including but not
limited to the following factors:
1.
the
duration and gravity of the violation;
2.
the presence or absence of due diligence on the part of the'
respondent in attempting to comply with requirements of this
Act and regulations thereunder or to secure relief therefrom
as provided by this Act;
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3.
any economic benefits accrued by the respondent because of
delay in compliance with requirements, in which case the
economic benefits shall be determined by the lowest cost
alternative for achieving compliance;
4.
the amount of monetary penalty which will serve to deter further
violations
by the respondent and to otherwise aid in enhancing
voluntary compliance with this Act by the respondent and other
persons similarly subject to the Act;
5.
the number, proximity in time, and gravity of previously
adjudicated violations
of this Act by the respondent;
6.
whether the respondent voluntarily self-disclosed, in
accordance with subsection i of this Section, the non-
compliance to the Agency;
and
7.
whether the respondent has agreed to undertake a "supplemental
environmental project", which means an
environmentally
beneficial project that a respondent agrees to undertake in
settlement of an enforcement action brought under this Act, but
which the respondent is not otherwise legally required to
perform.
In response to these factors, the parties to this Stipulation state the following:
1.
In May and June 2006, Respondent moved air emission sources from its
Countryside Facility to its Chicago Heights Facility. On June 20, 2006, Respondent
filed a construction permit application for the equipment moved from the
Countryside Facility to,the Chicago Heights Facility. A construction permit was
issued by the Illinois EPA on January 16, 2007. On December 13, 2007, the Illinois
EPA issued Respondent a renewal CAAPP permit, which allows Respondent to
operate the equipment currently located at the Chicago Heights facility including the
'equipment moved from Respondent's Countryside Facility to the Chicago Heights
Facility. Respondent states that this equipment utilized compliant coatings in its
operations.
2.
Respondent was diligent in attempting to come pack into compliance
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* * * * * PCB 2008-094 * * * * *
with the Act and Board regulations.
3.
Little if any economic benefit was gained by the Respondent through its
non-compliance. The penalty obtained negates any economic benefit that may lIave
accrued as a result of Respondent's non-compliance.
4.
Complainant has determined, based upon the specific facts of this
matter, that a penalty of Sixty Thousand Dollars ($60,000) will serve to deter further
violations and aid in future voluntary compliance with the Act and Board regulations.
5.
To Complainant'sknowledge,
Respondent was the subject of a 1992
enforcement action, 91 CH 2435, for operating without the requisite permits and
violating the Board'sNew Source Review regulations. This enforcement action was
resolved with a Consent Order and Respondent paid a civil penalty of one hundred
twenty-five thousand dollars ($125,000,00). Respondent states that the terms of the
Consent Order did not indicate that its contents could be used in a future
enforcement action as a past adjudication of violations of the Act by Respondent.
6.
Respondent did self-disclose the construction and operating permit violations
for the equipment moved from the Countryside Facility to the Chicago Heights
Facility, but not the CAAPP permit renewal violation.
7.
The settlement ofthis matter does not include a supplemental environmental
project.
VIII. TERMS OF SETTLEMENT
A.
Penalty Payment
1.
The Respondent shall pay a civil penalty in the sum of Sixty Thousand
Dollars ($60,000.00) within thirty (30) days from the date the Board adopts and
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* * * * * PCB 2008-094 * * * * *
accepts this Stipulation. The penalty described in this Stipulation shall be paid by
certified check or money order payable to the Illinois EPA, designated to the Illinois
Environmental Protection Trust Fund ("EPTF") and submitted to:
Illinois Environmental Protection Agency'
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
The name and number of the case and Respondent's Federal Employer Identification
Number ("FEIN") shall appear on the check. A copy of the certified check or money
order and any transmitta11etter shall be sent to:
Jennifer A. Tomas
Assistant Attorney General
Environmental Bureau
69 W. Wa'shington Street, Suite 1800
Chicago, Illinois 60602
Chris Pressnall
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
2.
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g), interest shall
accrue on any payment not paid within the time period prescribed above at the
maximum rate allowable under Section 1003(a) of the Illinois Income Tax Act, 35
ILCS 5/1 003.
Interest on any unpaid payment shall begin to accrue from the date
the payment is due and continue to accrue until the date payment is received. When
partial payment(s) are made, such partial payment shall be first applied to any
interest on unpaid payment then due. and owing. All interest on payment owed shall
be paid by certified check or money order, payable to the Illinois EPA, designated to
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* * * * * PCB 2008-094 * * * * *
the EPTF and delivered to the address and in the manner described above.
3.
For purposes of payment and collection, Respondent may be reached at
the following address:
Mark Steger, Esq.
Holland
&
Knight
131 S. Dearborn Street, 30
th
FI.
Chicago, Illinois 60603
312-715-5753
mark.steger@hklaw.com
4.
In the event of default of this Section VIlLA, the Complainant shall be
entitled to all available relief including, but not limited to, reasonable costs of
collection and reasonable attorney's fees.
B.
Compliance Plan
Respondent shall comply with all the terms and conditions of its renewal
CAAPP permit and timely comply with all requirements of the CAAPP in the future.
C.
Future
Use
Notwithstanding any other language in this Stipulation to the contrary, and in
consideration of the mutual promises and conditions contained in this Stipulation,
including the Release from Liability contained in Section VIlLE, below, the
Respondent hereby agrees that this Stipulation may be used against the Respondent
in any subsequent enforcement action as proof of a past adjudication of violation
of the Act and the Board Regulations promulgated thereunder for all violations
alleged in the Complaint in this matter, for purposes of Section 39(a) and (i) and/or
42(h) of the Act, 415 ILCS5/39(a) and(i) and/or 5/42(h). Further, Respondent
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* * * * * PCB 2008-094 * * * * *
agrees to waive any rights to contest, in any subsequent enforcement action any
allegations that these alleged violations were adjudicated.
D.
Cease
and Desist
The Respondent shall cease and desist from future violations of the Act and
Board Regulations that were the subject matter of the Complaint as outlined in
Section III.C ("Allegations of Non-Compliance") of this Stipulation.
E.
Release from Liability
In consideration of the Respondent'spayment of the $60,000 penalty and any
specified costs and accrued interest, to comply with the Compliance Plan as contained
in Section VIII.B, to Cease and Desist as contained in Section VIII.D, and upon the
Board's acceptance and approval of the terms of this Stipulation and Proposal for
Settlement, the Complainant releases, waives and discharges the Respondent from any
further liability or penalties for violations of the Act and Board Regulations that
were the subject matter of the Complaint herein. The release set forth above does
not extend to any matters other than those expressly specified in Complainant's
Complaint filed on
, 2008. The Complainant reserves, and this
Stipulation is without prejudice to, all rights of the State of Illinois against the
Respondent with respect to all other matters, including but not limited to, the
following:
a.
criminal liability;
b.
liability for future violation of state, federal, local, and common
laws and/or regulations;
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* * * * * PCB 2008-094 * * * * *
c.
liability for natural resources damage arising out of the alleged
violations; and
d.
liability or claims based on the Respondent's failure to satisfy the
requirements of this Stipulation.
Nothing in this Stipulation is intended as a waiver, discharge, release, or covenant
not to sue for any claim or cause of action, administrative or judicial, civil or
criminal, past or future, in law or in equity, which the State of Illinois or the Illinois
\
EPA may have against any person, as defined by Section 3.315 of the Act, 415 ILCS
5/3.315,
or entity other than the Respondent.
F.
Right of Entry
In addition to any other authority, the Illinois EPA, its employees and
representatives, and the Attorney General, her agents and representatives, shall have
the right
of entry into and upon the Respondent's Chicago Heights Facility which is the
subject of this Stipulation, at all reasonable times for the purposes of carrying out
inspections. In conducting such inspections, the Illinois EPA, its employees and
representatives, and the Attorney General, her employees and representatives may
take photographs, samples, and collect information, as they deem necessary.
G.
Correspondence, Reports and Other Documents
Any and all correspondence and any other documents required under this
Stipulation,
except for payments pursuant to Sections VIlLA ("Penalty Payment") of
this Stipulation, shall be submitted as follows:
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* * * * * PCB 2008-094 * * * * *
As to the Complainant
Jennifer A. Tomas
Assistant Attorney General
Environmental Bureau
69 W. Washington Street, Suite 1800
Chicago, Illinois 60602
As to the Illinois EP A
Chris Pressnall
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
As to the Respondent
Mark Steger, Esq.
Holland
&
Knight
131 S. Dearborn Street, 30
th
Fl.
Chicago, Illinois 60603
CFC
International, Inc.
James H. Wooten, Jr.,
Registered Agent
3600 W. Lake Avenue
Glenview, Illinois 60026
H.
Modification of Stipulation
. The parties to this Stipulation may, by mutual written consent, agree to extend
any compliance dates or modify the terms of this Stipulation. A request for any
modification shall be made in writing and submitted to the contact persons identified
in
Section VIILG. Any such request shall be made by separate document, and shall
not be submitted within any other report or submittal required by this Stipulation.
Any such agreed modifIcation shall be in writing, signed by authorized
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* * * * * PCB 2008-094 * * * * *
representatives of each party, and then accompany a joint motion to the. Board seeking
a modification of the prior order approving and accepting the Stipulation to approve
and
accept the Stipulation as amended.
I.
Enforcement of Board Order
1.
Upon the entry of the Board's Order approving and accepting this
Stipulation and Proposal for Settlement, that Order is a binding and enforceable
order of the Board and may be enforced as such through any and all available means.
2.
Respondent agrees that notice of any subsequent proceeding to enforce
the Board Order approving and accepting this Stipulation and Proposal for
Settlement may be made by mail and waives any requirement of service of process.
3,
The parties to this Stipulation agree that, if the Board does not
approve and accept this Stipulation and Proposal for Settlement, then no party to
this Stipulation is bound by the terms herein.
4.
It
is the intent of the. Complainant, Illinois EPA and Respondent that the
provisions of this Stipulation and Proposal for Settlement and any Board Order
accepting and approving such shall be severable, and should any provision be
declared by a court of competent jurisdiction to be inconsistent with state or federal
law,
and therefore unenforceable, the remaining clauses shall remain in full force and
effect.
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WHEREFORE, Complainant, Illinois EPA and Respondent request that the
Board adopt and accept the foregoing Stipulation and Proposal for Settlement as
written.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State
of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement!
Asbestos Litigation Division
DATE:~ ~(IJ_D=-------,-_
THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
DOUGLAS
P. SCOTT, Director
Illinois Environmental Protection Agency
BY:
ROBERT
~~.~~
A.
ESSINA
Chief Legal Counsel
DATE:_~5k\o-,,--i_'
_
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CFC INTERNATIONAL, INC.
WI
,t1CU1_2LJ-f-l_2-_~--=----
__
Title:
---------
DATE:
ENTERED:
JUDGE
DATE:
_
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