ILLINOIS POLLUTION CONTROL BOARD
    April 7, 2005
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    DRAW DRAPE CLEANERS, INC., an Illinois
    corporation, AMERICAN DRAPERY
    CLEANERS & FLAMEPROOFERS, INC., an
    Illinois corporation, and RICHARD ZELL, an
    Illinois resident,
     
    Respondents.
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    PCB 03-51
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On October 15, 2002, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Draw Drape Cleaners, Inc. On December 30,
    2003, the People filed an amended complaint against Draw Drape Cleaners, Inc., American
    Drapery Cleaners & Flameproofers, Inc., and Richard Zell (respondents).
    See
    415 ILCS
    5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The complaints concern the respondents’
    petroleum dry cleaning facility at 2235-2239 West Roscoe, Chicago, Cook County.
     
    The People allege in the amended complaint that the respondents violated Sections 9(a)
    and (b) and 9.1(d) of the Environmental Protection Act (415 ILCS 5/9(a) and (b) and 9.1(d)
    (2002)); 35 Ill. Adm. Code 201.141 through 201.143, 218.607, and 218.610; and 40 C.F.R.
    60.622 and 60.624. The People further allege that the respondents violated these provisions by
    (1) causing or allowing air pollution; (2) failing to comply with emissions regulations applicable
    to dry cleaners; (3) failing to comply with emissions testing requirements applicable to dry
    cleaners; (4) constructing an air emissions source without a permit; (5) operating an emission
    source without a permit; (6) failing to comply with condition 5 of federally enforceable state
    operating permit (FESOP) No. 95100005; (7) installing a non-solvent recovery dryer and failing
    to have a cartridge filter in dryer #2; and (8) failing to perform an initial flow rate test for dryer
    #2.
     
    On March 21, 2005, the People and the respondents’ 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) (2002)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, the respondents’ neither admit nor deny the alleged violations but agree to pay a civil
    penalty of $5,000.
     
     
    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) (2000); 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, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 7, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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