ILLINOIS POLLUTION CONTROL BOARD
March 3, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
SPECIALTY PROMOTIONS, INC. d/b/a
SPECIALTY PRINTING COMPANY, a
foreign corporation,
Respondent.
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PCB 05-92
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On February 15, 2004, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a twelve-count complaint against Specialty Promotions, Inc. d/b/a
Specialty Printing Company (Specialty Promotions).
See
415 ILCS 5/31(c)(1) (2002); 35 Ill.
Adm. Code 103.204. The People allege that Specialty Promotions violated Sections 9(a), (b) and
39.5(5)(x) of the Environmental Protection Act (Act) (415 ILCS 5/9(a), (b), 39.5(5)(x) (2002)),
and Sections 201.141, 201.142, 201.143, 203.201, 218.407(a)(1)(C) and (D), 218.411(b),
254.303(b), and 270.301 of the Board’s air pollution regulations (35 Ill. Adm. Code 201.141,
201.142, 201.143, 203.201, 218.407(a)(1)(C) and (D), 218.411(b), 254.303(b), and 270.301).
The People further allege that Specialty Promotions violated these provisions by constructing
and operating additional commercial printing equipment without obtaining construction permits
from the Agency and without either modifying its existing lifetime operating permit or obtaining
new operating permits from the Agency. The complaint concerns Specialty Promotions’
commercial printing facility located at 6019 West Howard Street, Niles, Cook County.
On January 5, 2005, the People and Specialty Promotions 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). The Board provided notice of
the stipulation, proposed settlement, and request for relief. The newspaper notice was published
in the
Des Plaines Journal
, the
Mt. Prospect Journal
, the
Golf Mill Journal
, and the
Prospect
Heights Journal
on February 4, 2005. The Board did not receive any requests for hearing. The
Board grants the parties’ request for relief from the hearing requirement.
See
415 ILCS
5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b).
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
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hearing. 415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
Clerk of the Board to provide the required notice.
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
Specialty Promotions’ operations. Section 103.302 also requires that the parties stipulate to facts
called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2002)). The People and Specialty
Promotions have satisfied Section 103.302. Under the proposed stipulation, Specialty
Promotions neither admits nor denies the alleged violations and agrees to pay a civil penalty of
$75,000. The settlement does not include a supplemental environmental project. The Board
accepts the stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Specialty Promotions, Inc. d/b/a Specialty Printing Company (Specialty
Promotions) must pay a civil penalty of $75,000 in two installments of $37,500
each. The first payment must be made no later than April 4, 2005, which is the
30th day after the date of this order. The second payment must be made no later
than June 1, 2005, which is the 90th day from the date of this order. Specialty
Promotions must pay the civil penalty by certified check or money order, payable
to the Illinois Environmental Protection Trust Fund. The case number, case
name, and Specialty Promotions’ social security number or federal employer
identification number must be included on the certified check or money order.
3.
Specialty Promotions must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal
Services
Division
1021 North Grand Avenue East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2002)).
5.
Specialty Promotions must cease and desist from the alleged violations.
IT IS SO ORDERED.
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Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2002);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on March 3, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
