ILLINOIS POLLUTION CONTROL BOARD
July 13, 2000
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BODINE ELECTRIC COMPANY,
an Illinois corporation,
Respondent.
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PCB 98-145
(Enforcement - Air)
ORDER OF THE BOARD (by E.Z. Kezelis):
On June 1, 2000, the complainant filed a stipulation and proposal for settlement
accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
the Environmental Protection Act (Act) (415 ILCS 5/31(c)(1) (1998)).
Pursuant to Section 31(c)(2) of the Act, the Board, by order of June 8, 2000, caused
publication of the required newspaper notice of the stipulation and proposal for settlement and
request for relief from the hearing requirement. The Board did not receive any requests for
hearing. Accordingly, the Board grants a waiver from the hearing requirement.
The Board accepts the stipulation and proposal for settlement filed by the parties in this
matter. In its complaint, the complainant alleged that the respondent violated Sections 9(a) and
(b) of the Act (415 ILCS 5/9(a), (b) (1998)) and 35 Ill. Adm. Code 201.144, 218.105,
218.204, and 218.211 of the Board’s air pollution regulations. Complainant also alleges that
respondent violated Special Condition #1(d) of its operating permit number 91080088.
Complainant alleges that the respondent committed these violations at its Cook County, Illinois,
facility. Respondent denies the violations.
The stipulation and proposal for settlement sets forth the facts relating to the nature,
operations, and circumstances surrounding the allegations in the complaint. Respondent agrees
to pay a total civil penalty of $75,000. Respondent must continue to comply with any federal,
State, or local regulations including, but not limited to, the Act and the Board’s regulations.
This opinion constitutes the Board’s findings of fact and conclusions of law in this
matter.
ORDER
1.
The Board hereby accepts the stipulation and proposal for settlement executed
by the People of the State of Illinois and Bodine Electric Company, regarding a
facility located in Cook County, Illinois. The stipulation and proposal for
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settlement is incorporated by reference as if fully set forth herein.
2.
Respondent shall pay the sum of $75,000 within 30 days of the date of this
order. Such payment shall 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 case number, case name, and respondent’s federal
employer identification number (360821210) shall also be included on the check
or money order.
3.
The check or money order shall be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
A copy of the payment transmittal and check shall be simultaneously
submitted to:
Kelly A. O’Connor
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20
th
Floor
Chicago, Illinois 60601
4.
Any such penalty not paid within the time prescribed shall incur interest at
the rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax
Act(35 ILCS 5/1003(a) (1998)), as now or hereafter amended, from the date
payment is due until the date payment is received. Interest shall not accrue
during the pendency of an appeal during which payment of the penalty has been
stayed.
5.
Respondent shall cease and desist from the alleged violations.
IT IS SO ORDERED.
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 the date 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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 13th day of July 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board