ILLINOIS POLLUTION CONTROL BOARD
    March 16, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    SOUTHERN MOLD, INC., an Illinois
    corporation,
    Respondent.
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    PCB 00-97
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by M. McFawn):
    On February 3, 2000, complainant filed a stipulation and proposal for settlement,
    accompanied by an agreed motion requesting relief from the hearing requirement imposed by
    Section 31(c)(1) of the Environmental Protection Act (Act) (415 ILCS 5/31(c)(1) (1998)).
    Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)) specifically authorizes such filings by
    the parties to an enforcement action. In accordance with Section 31(c)(2), the Board directed
    the Clerk of the Board to cause publication of notice of the stipulation and proposal for
    settlement in a newspaper of general circulation in the county in which the alleged violation
    occurred. On February 5, 2000, the notice was published in Williamson County, Illinois, in the
    Marion Daily Republican
    .
    Under Section 31(c)(2), any person may file a written demand for hearing within 21
    days after publication of the notice. No request for hearing was received by the Board within
    the 21-day time period. The Board therefore may, and will, grant the agreed motion for relief
    from the hearing requirement.
    The five-count amended complaint filed in this case alleges that respondent Southern
    Mold, Inc. (Southern Mold) violated the Act and its implementing regulations by causing air
    pollution (count I), emitting chromium into the air in excess of the regulatory limit (count II),
    failing to conduct an initial performance test (count III), failing to obtain a construction permit
    (count IV), and operating an emission source without a permit (count V). Under the proposed
    settlement, Southern Mold admits the alleged violations and agrees to pay a civil penalty of
    $500.
    The stipulation submitted by the parties sets forth facts relating to Southern Mold’s
    operations, the alleged violations, and the factors considered by the Board under Sections 33(c)
    and 42(h) of the Act, 415 ILCS 5/33(c), 42(h) (1998), in crafting final orders and determining
    monetary penalties. Based on the facts set forth in the stipulation, the Board concludes that the
    proposed settlement is reasonable. The Board will accept the proposal for settlement.
    2
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1.
    The hearing requirement of Section 31(c)(1) of the Act is waived in this case.
    2.
    The Board accepts the “Stipulation and Proposal for Settlement” executed by the
    People of the State of Illinois, the Illinois Environmental Protection Agency, and
    Southern Mold.
    3.
    Southern Mold must pay a civil penalty of $500 within 90 days of the date of this
    order.
    4.
    Payments must 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 name and number of this case and Southern Mold’s federal
    employer identification number (37-1186207) must appear on the face of the
    payment check or money order. Payment must be delivered 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 payment transmittal and check or money order must be
    simultaneously sent to:
    Office of the Attorney General
    Donna Lutes, Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    5.
    Southern Mold must cease and desist from further violations of any federal, state
    or local environmental statutes or regulations. Southern Mold must maintain
    compliance with the specific criteria outlined in the Illinois Environmental
    Protection Agency’s July 7, 1999 approval of Southern Mold’s waiver of the
    chromium performance test requirement. In the event that these criteria are no
    longer satisfied, or in the event that the United States Environmental Protection
    Agency alters or rescinds these waiver criteria, Southern Mold may be required
    to demonstrate compliance with the emission limitation by conducting an initial
    performance test in accordance with 40 C.F.R. 63.Subpart N.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 16th day of March 2000 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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