ILLINOIS POLLUTION CONTROL BOARD
March 5, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
HIGHLAND BAKING COMPANY, INC.,
an Illinois corporation,
Respondent.
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PCB 08-51
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD: (by S.D. Lin):
On March 12, 2008, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Highland Baking Company (Highland)
concerning Highland’s bakery located at 3665 West Lunt Avenue, Lincolnwood, 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 on behalf of the People to
enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2006); 35 Ill. Adm. Code 103.
In this case, the People allege that Highland violated Sections 9(a), 9(b), and 39.5(6)(b) of the
Act (415 ILCS 5/9(a), (b) and 5/39.5(6)(b) (2006)), and Sections 201.142, 201.143, 203.201,
203.203(a), 205.310.(a)(3) and 201.302(a) of the Board’s air pollution regulations
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As stated in the stipulation (Stip. at 2), Count VI of the complaint alleges violation of Section
254.137(a) of the Illinois Environmental Protection Agency’s Air Pollution Regulations. The
Board notes that it has authority to enforce only violations of the Act and the Board’s own rules.
, by failing to
construct and operate a new, stationary source of air pollution with the necessary permits,
requirements, and reports.
On January 29, 2009, the People and Highland 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
Lincolnwood Review/Pioneer Press
on February 5, 2009. 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).
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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 Highland’s 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. Highland 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.
Highland agrees to pay a civil penalty of $75,000.00. The People and Highland 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.
Highland must pay a civil penalty of $75,000.00 no later than April 6, 2009,
which is first business day following the 30th day after the date of this order.
Highland must pay $8,675.00 of the civil penalty by certified check or money
order payable to the Illinois Environmental Permit and Inspection Fund.
Highland must also pay $66,325.00 of the civil penalty by certified check or
money order payable to the Illinois Environmental Protection Trust Fund. The
case name, case number, and Highland’s Federal Employer Identification Number
must appear on the face of each certified check or money order.
3.
Highland 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
Highland must send a copy of the certified check or money order and any
transmittal letter to:
Nancy J. Tikalsky
Environmental Bureau
Illinois Attorney General’s Office
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
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
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set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
5.
Highland 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) (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 March 5, 2009, by a vote of 5-0.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board
