ILLINOIS POLLUTION CONTROL BOARD
    July 12, 2007
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    OASIS INDUSTRIES, INC., an Illinois
    corporation,
    Respondent.
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    PCB 05-98
    (Enforcement–Air)
    ORDER OF THE BOARD (by N.J. Melas):
    On November 22, 2004, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Oasis Industries, Inc. (Oasis Industries).
    See
    415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code 103.204. The complaint concerns Oasis
    Industries’ fiberglass bathtub and shower stall manufacturing facility at 1600 Mountain Road,
    Aurora, Kane County. The parties now seek to settle without a hearing. For the reasons below,
    the Board 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, for various periods beginning in 2001, Oasis
    Industries violated Sections 9(a) and (b) and 39.5(6)(b) of the Act (415 ILCS 5/9(a) and (b) and
    39.5(6)(b) (2006)); 35 Ill. Adm. Code 201.302(a), 203.201, 203.301(b) and (d)(1) through (d)(3),
    203.302(a)(1)(D), 205.310(a)(2), and 254.132(a); and condition 1 of joint construction and
    operating permit no. 98020084, by (1) operating a major source without a Clean Air Act Permit
    Program permit; (2) construction of a major source in violation of new source review
    requirements; (3) failing to meet the lowest achievable emission rate requirements; (4) failing to
    timely file an Emission Reduction Market System application; (5) exceeding emissions allowed
    by permit; and (6) failing to file accurate and complete annual emissions reports.
    On June 29, 2007, the People and Oasis Industries 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, Oasis
    Industries denies the alleged violations but agrees to pay a civil penalty of $40,000.
    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. 415 ILCS 5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on July 12, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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