1. STATE OF IWNOIS
      2. STATE OF ILLINOIS
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
CLERK~OFFICF
ex rel. LISA MADIGAN, Attorney
General of the State of Illinois
OCT
0 3 2003
Complainant,
)
STATE OF IWNOIS
NO. PCB
02_21I~pllutIonControl
Board
(Enforcement
-
Air)
ACTION ATHLETIC, INC., an Illinois
Corporation,
Respondent.
NOTICE OF FILING
TO: See Attached Service List
PLEASE TAKE NOTICE that today we have filed with the
pollution Control Board the following Stipulation and Proposal
for Settlement and Request for Relief from the Hearing
Requirement on behalf of the People of the State of Illinois, a
copy of which is attached and hereby served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
~
_____
BY:
~j(~(~i~
JOEL J. STERNSTEIN
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th
Floor
Chicago, Illinois
60601
(312)
814-6986
DATE: October 3, 2003
THIS FILING IS SUBMITTED ON RECYCLED PAPER
SERVICE LIST
Mar. Brad Halloran, Esq.
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, IL 60601
(312) 814-3620
Ms. Carolyn Hesse, Esq.
Barnes & Thornburg
One North Wacker Drive, Suite 4400
Chicago, Illinois 60606-2809
(312) 214-8301
Ms. Maureen Wozniak, Esq.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
Illinois
62794-9276
(217) 782-5544
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
REC~~VED
ex rel. LISA MADIGAN, Attorney
)
CLERg’SOF1~!CE
General of the State of Illinois
)
OCT 0 3 2003
Complainant,
STATE OF IWNOIS
V.
)
No. PCB
02
-i~sill~tIonControl
Board
(Enforcement
-
Air)
ACTION ATHLETIC, INC., an Illinois
Corporation,
Respondent.
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) (2002), 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) of the Act, 415 ILCS 5/31(c) (1)
(2002)
.
In support of this motion, Complainant states as
follows:
1. The Complaint in this matter alleges violations of the
Board’s air pollution regulations in addition to Sections 9(a),
9(b), 9.?(b)
,
and 39.5(b) (6) of the Act, 415 ILCS 5/9(a), 9(b),
9.8(b), and 39.5(b) (6) (2002).
2. Complainant is filing this Motion and a Stipulation and
Proposal for Settlement with the Board.
3. The parties have reached agreement on all outstanding
issues in this matter.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
4. This agreement is presented to the Board in a
Stipulation and Proposal for Settlement which is filed
contemporaneously with this Motion.
5. All parties agree that a hearing on the Stipulation and
proposal for Settlement is not necessary, and respectfully
request relief from such a hearing as allowed by Section 31(c) (2)
of the Act, 415 ILCS 5/31(c) (2) (2002)
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) (1) (2002)
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
BY:
JOEL
1~
J. STERNSTEIN
ej
S7~2~~
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Floor
Chicago, Illinois 60601
(312) 814-6986
DATE: October 3, 2003
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
ex rel. LISA MADIGAN, Attorney
)
CLERKSOFFICE
General of the State of Illinois
OCT~~2003
Complainant,
STATE OF ILLINOIS
v.
)
No. PCB 0&.~lilL~tQn
Control
Board
ACTION ATHLETIC, INC., an Illinois
Corporation,
Respondent.
STIPULATION
AND
PROPOSAL FOR SETTLEMENT
Complainant, 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”), and Respondent, ACTION
ATHLETIC, INC. (“Action Athletic”), an Illinois corporation, do
hereby submit this Stipulation and Proposal for Settlement
(“Stipulation”) to the Illinois Pollution Control Board (“Board”)
for approval. The parties agree that Complainant’s statement of
facts contained herein is agreed to only for the purposes of
settlement. The parties further stipulate that this Stipulation
and any Board Order accepting the same may be used in any future
enforcement action against Action Athletic as evidence of a past
adjudication of violations of the Act for purposes of Section
42(h) of the Act, 415 ILCS 5/42(h) (2002). This stipulation may
also be used in any permitting action for the purposes of Section
39(i) of the Act, 415 ILCS 5/39(i) (2002). This Stipulation shall
be null and void unless the Board approves and disposes of this
matter on each and every one of the terms and conditions of the
settlement set forth herein.
I.
JURI SDICTION
The Board has jurisdiction of the subject matter herein and
of the parties consenting hereto pursuant to the Act, 415 ILCS
~/l
et
seq.
(2002)
II.
AUTHORIZATION
The undersigned representatives for each party certify that
they are fully authorized by the party whom they represent to
enter into the terms and conditions of
this Stipulation and to
legally bind them to it.
III.
APPLICABILITY
This Stipulation shall apply to and be binding upon
Complainant and Respondent, and any agent, director, officer,
employee or servant of Respondent, as well as Respondent’s
successors and assigns. Respondent shall not raise as a defense
to any enforcement action taken pursuant to this settlement the
failure of his agents, directors, officers, servants or employees
to take such action as shall be required to comply with the
provisions of this settlement.
IV.
STATEMENT
OF FACTS
A. PARTIES
1. The parties to this Stipulation are Complainant, PEOPLE
OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney General of
the State of Illinois, and Respondent, Action Athletic.
2
2. The subject Complaint was brought by the Attorney
General on her own motion and upon the request of the Illinois
E~PApursuant to the terms and provisions of Section 31 of the
Act, 415 ILCS 5/31 (2002)
3. Respondent Action Athletic is an Illinois corporation
in good standing.
4. At all times relevant to this complaint, Action
Athletic owned and operated a sports equipment manufacturing
facility located at 3144
21st
St. in Zion, Lake County, Illinois
(“Site”)
5. Action Athletic manufactures wrestling mats for
schools, gymnasiums, fitness clubs, YMCAs, the military, law
enforcement agencies, and private parties.
6. Complainant filed its Complaint on May 31, 2002.
B. SOURCE DESCRIPTION
Respondent emits volatile organic material (VOM) from its
facility into the environment from the manufacture of wrestling
pads.
C. VIOLATIONS
This Stipulation is intended to resolve the allegations in
the Complaint filed in this matter. The Complaint alleges
violations of the Act and of the Board’s Air Pollution
Regulations outlined as follows:
COUNT I
Operation of an air emissions source without a
permit in violation of Section 9(b) of the
Environmental Protection Act (Act), 415 ILCS
5/9(b) (2002) and Section 201.143 of the Board’s
Air Pollution Regulations, 35 Ill. Adm. Code
201.143;
COUNT
II Operation of a Clean Air Act Permit Program
(CAAPP) source without submitting a complete CAAPP
permit application and operation of a
CAAPP
source
without obtaining a CAAPP permit in violation of
Section 39.5(6) (b) of the Act, 415 ILCS
5/39.5(6) (b) (2002), and Sections 270.201 and
270.301 of the Board’s Air Pollution Regulations,
35 Ill. Adm. Code 270.201 and 270.301; and
COUNT III Failure to submit an Emissions Reduction Market
System (ERMS) baseline application by March 1,
1998 and operation of a new “participating source”
(as defined in the Board’s Air Pollution
Regulations at Section 205.210, 35 Ill. Adm. Code
205.210) without submitting an ERMS application
from March 1, 1998 until January 1, 2001 in
violation of Section 9.8(b) of the Act, 415 ILCS
5/9.8(b) (2002), and Section 205.310 of the Board’s
Air Pollution Regulations, 35 Ill. Adm. Code
205.310.
COUNT IV Failure to submit seasonal emissions reports as a
new participating source during 1999 and 2000 in
violation of Section 9.8(b) of the Act, 415 ILCS
5/9.8(b) (2002), and Section 205.300(a) of the
Board’s Air Pollution Regulations, 35 Ill. Adm.
Code 205.300(a).
COUNT V Failure to reduce uncontrolled VOM emissions from
the airless spray unit and the six (6) gas-fired
makeup units in violation of Section 9(a) of the
Act, 415 ILCS 5/9(a) (2002), and Sections 201.141
and 218.926(b) (1) of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 201.141 and
218.926(b) (1)
D. ADMISSION
/
DENIAL OF VIOLATIONS
Respondent neither admits nor denies the violations alleged
in the Complaint filed in this matter and referenced herein.
V.
FUTURE COMPLIANCE
Respondent will use compliant coatings and has obtained all
necessary permits in compliance with all applicable laws and
regulations.
VI.
IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33 (c) (2002)
,
provides
as follows:
4
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 state as follows:
1. Complainant alleges that Respondent caused air
pollution and emitted more VOM than Board Air Pollution
Regulations allow for miscellaneous fabricated product
manufacturing.
2. The parties agree that Respondent’s operation is of
social and economic value.
3. The parties agree that Respondent’s facility is a
suitable source in the area where it is located.
4. The parties agree that compliance with the requirements
of the Act and Board regulations is both technically practicable
and economically reasonable.
5. Respondent is using compliant coatings in its
production process which keeps its VOM emissions below that level
allowed by regulation.
5
VII.
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42 (h) of the Act, 415 ILCS 5/42 (h) (2002)
,
provides
as follows:
In determining the appropriate civil penalty to be
imposed under subdivisions (a)
,
(b) (1)
,
(b) (2)
,
(b) (3)
or (b) (5) of 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 violator in attempting to comply with
requirements of this Act and regulations
thereunder or to secure relief therefrom as
provided by this Act;
3. any economic benefits accrued by the violator
because of delay in compliance with requirements;
4. the amount of monetary penalty which will serve to
deter further violations by the violator and to
otherwise aid in enhancing voluntary compliance
with this act by the violator and other persons
similarly subject to the Act; and
5. the number, proximity in time, and gravity of
previously adjudicated violations of this Act by
the violator.
In response to these factors the parties state as follows:
1. The gravity of the alleged violations is significant in
that the Respondent’s facility is located in a non-attainment
area. Complainant alleges that Respondent did not comply with
the Act and the applicable Board Regulations which resulted in
air pollution. Complainant also alleges that the duration is
equally as significant, as the violations continued for a period
of several years.
2. Respondent has complied with the Act by implementing
6
compliant coatings which reduce VOM emissions to the level
allowed by Board Regulation, and by meeting all reporting
deadlines.
3. Complainant alleges that Respondent derived economic
benefit by not implementing the new coatings before the
violations began in 1996.
4. Complainant contends that a twenty-five thousand one-
hundred ninety-eight dollar and twenty-one cent ($25,198.21)
civil penalty is adequate to deter Respondent from future
violations.
5. Complainant is unaware of any previously adjudicated
violations by Respondent.
VIII.
TERMS OF SETTLEMENT
1. The parties represent that they have entered into this
Stipulation for the purpose of settling and compromising disputed
claims without having to incur the expense of contested
litigation. By entering into this Stipulation and complying with
its terms, Respondent does not affirmatively admit the
allegations of violation within the Complaint, and this Consent
Order shall not be interpreted as including such admission.
2. Respondent shall pay twenty-eight thousand dollars
($28,000.00) within thirty (30) days of the date of entry of this
Stipulation.
a. Payment of a civil penalty of twenty-five thousand
one-hundred ninety-eight dollars and twenty-one cents
($25,198.21) shall be made by certified check or money order
payable to the “Illinois Environmental Protection Agency” and
7
designated to the Environmental Protection Trust Fund. The
certified check or money order shall include Respondent’s federal
employer identification number (36—2739226) on it and be sent by
first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
A copy of the check shall be sent to:
Joel Sternstein
Assistant Attorney General
Environmental Bureau
188 West Randolph Street,
~
Floor
Chicago, Illinois 60601
On the check or money order, Respondent shall include the case
name and case number.
b. Payment of permit fees in the amount of two-
thousand eight-hundred one dollars and seventy-nine cents
($2,801.79) shall be made by certified check or money order
payable to the “Illinois Environmental Protection Agency” arid
designated to the Bureau of Air Permit Fund. The certified check
or money order shall include Respondent’s federal employer
identification number (36-2739226) on it and be sent by first
class mail to the Illinois Environmental Protection Agency at the
address in Section VIII.2.a of this Stipulation. A copy of the
check shall be sent to Joel Sternstein at the address in Section
VIII.2.a of this Stipulation. On the check or money order,
Respoi~dent shall include the case and case number.
3. For the purposes of collection, inquiries can be
addressed to Respondent’s attorney at:
8
Carolyn S. Hesse
Barnes & Thornburg
One N. Wacker Drive
Suite 4400
Chicago, Illinois 60606-2809
(312) 214-8301
4. Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g)
(2002), interest shall accrue on any amount not paid within the
time prescribed herein at the maximum rate allowable under
Section 1003(a) of the Illinois Income Tax Act, 35 ILCS 5/1003 (a)
(2002)
a. Interest on unpaid amounts shall begin to accrue
from the date the penalty payment is due and continue to accrue
to the date payment is received.
b. Where partial payment is made on a payment amount
that is due, such partial payment shall be first applied to any
interest on unpaid amounts then owing.
c. All interest on amounts owed Complainant shall be
paid by certified check payable to the “Illinois Environmental
Protection Agency” for deposit in the Environmental Protection
Trust Fund and delivered in the same manner as described in
Section IX.2 herein.
d. In the event that Respondent fails to make all or
part of the payment set forth in Section IX.2 of this
Stipulation, Respondent shall be in default and the unpaid
balance owed, plus any accrued interest, shall become due and
owing to Complainant, immediately.
5. Respondent shall in the future operate in compliance
with the Act and Board Regulations promulgated thereunder.
6. Respondent shall cease and desist from violations of
the Act and Board Regulations, including but not limited to,
9
those Sections of the Act and Board regulations that were alleged
to be the subject matter of the Complaint as outlined in Section
IV.C of this Stipulation.
Ix.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects Respondent’s
responsibility to comply with any federal, state or local laws
and regulations, including but not limited to the Act, 415 ILCS
s/i
et seq.
(2002), and the Board Regulations, 35 Ill. Adm. Code
Subtitle A through H.
x.
RELEASE FROM LIABILITY
In consideration of Respondent’s full payment of the civil
penalty of twenty-eight thousand dollars ($28,000.00), commitment
to comply with the terms of this Stipulation entered herein, the
requirements of the Act, and the regulations promulgated
thereunder, Complainant releases, waives and discharges
Respondent and its employees, agents, directors, officers,
successors and assigns from any further liability or penalties
from the violations of the Act and Board regulations which were
the subject matter of the Complaint, upon receipt by Complainant
of all payments required by Section VIII of this Stipulation.
However, nothing in this Stipulation shall be construed as a
waiver by Complainant of the right to redress future or
heretofore undiscovered violations or obtain penalties with
respect thereto.
10
WHEREFORE, Complainant and Respondent request that the Board
adopt and accept the foregoing Stipulation as written.
AGREED
FOR COMPLAINANT
PEOPLE OF THE STATE OF ILLINOIS
LISA MA.DIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement\Asbestos
Litigation Division
By:
i\r~ç~
—~
R~CAZEAU
Environment~1~ ~
Assistant Attorn’-~e~ra~?
ILLINOIS ENVIRONMENTAL
PROTECTION
By:
‘0 EPH
C lef
AGENC
~A1~L~L
E. SVOBODA
Legal Counsel
By:
H:\COmmOfl\EnViroflmefltal\JOEL\CaSe Documents\Action Athletic\Stipulation
-
final .wpd
~f3(o5
Date:
_________
Date:
FOR RESPONDENT
MR7’/J’OSEPH
i~2A~2~
HIi~q~
~
A~EON ATHLETI~, INC.
President
11
CERTIFICATE OF SERVICE
I, JOEL J. STERNSTEIN, an Assistant Attorney General,
certify that on the 3~day of October, 2003, I caused to be
served by First Class Mail the foregoing Stipulation and Proposal
for Settlement, Request for Relief from the Hearing Requirement,
and Notice of Filing to the parties named on the attached Service
list, by depositing same in postage prepaid envelopes with the
United States Postal Service located at 100 West Randolph Street,
Chicago, Illinois 60601.
JOEL J. STERNSTEIN
H: \common\Environmental\JOEL\Case Documents\Action Athletic\stip-notice-relief-hearing.wpd

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