ILLINOIS POLLUTION CONTROL BOARD
    February 3, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    PLASTIC DECORATORS, INC., an Illinois
    corporation,
     
    Respondent.
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    PCB 01-28
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On August 10, 2000, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Plastic Decorators, Inc. (Plastic Decorators).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The complaint concerns Plastic
    Decorators’s automotive plastic parts manufacturing facility at 1330 Holmes Road, Elgin, Kane
    County. The parties now seek to settle. For the reasons below, the Board accepts the parties’
    stipulation and proposed settlement.
     
    Under the Environmental Protection Act (Act) (415 ILCS 5/1
    et seq
    . (2002)), the
    Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the
    People to enforce Illinois’ environmental requirements.
    See
    415 ILCS 5/31 (2002); 35 Ill. Adm.
    Code 103. In this case, the People allege that Plastic Decorators violated Sections 9(a) and (b)
    and 9.1(d) of the Act (415 ILCS 5/9(a) and (b) and 9.1(d) (2000)) and 35 Ill. Adm. Code
    201.141, 201.142, 201.143, 201.302 203.201, 203.203(a) and (b), 254.201, and 254.202. The
    People further allege that Plastic Decorators violated these prov
    modification in violation of New Source Review emissions control and offset requirements; (2)
    constructing emissions sources without a permit; (3) operating emissions sources without a
    permit; (4) constructing a major source in violation of New Source Review pre-construction
    review requirements; and (5) failing to submit annual emissions reports.
     
    On December 17, 2004, the People and Plastic Decorators 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)), 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). The Board provided notice of the
    stipulation, proposed settlement, and request for relief from hearing. The Board published
    newspaper notice in the
    The Courier News
    on December 21, 2004. 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).
     
     
    2
    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
    Plastic Decorators’ 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)), which bears on the
    reasonableness of the circumstances surrounding the alleged violations.
     
    Plastic Decorators neither admits nor denies the alleged violations. The stipulation also
    addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2002),
    as amended by
    P.A.
    93-575, (eff. Jan. 1, 2004), which may mitigate or aggravate the civil penalty amount. Plastic
    Decorators agrees to pay a civil penalty of $75,000, which the parties stipulate is at least as great
    as Plastic Decorators’ economic benefit from delayed compliance, if any.
     
    The People and Plastic Decorators have satisfied Section 103.302. 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. Plastic Decorators must pay a civil penalty of $75,000:
     
    a. A first installment of $20,000 due no later than February 21, 2005, which
    is the first business day after the 30th day after the date of this order;
     
    b. A second installment of $13,750 due no later than May 20, 2005, which is
    the 120th day after the 30th day after the date of this order;
     
    c. A third installment of $13,750 due no later than August 18, 2005, which is
    the 120th day after May 20, 2005;
     
    b. A fourth installment of installment of $13,750 due no later than November
    16, 2005, which is the 120th day after August 18, 2005; and
     
    b. A fifth and final installment of $13,750 due no later than February 13,
    2006, which is the 120th day after November 16, 2005.
     
    Plastic Decorators must pay the civil penalty by certified check or money order,
    payable to the Environmental Protection Trust Fund. The case number, case
    name, and Plastic Decorators’s social security number or federal employer
    identification number must be included on each certified check or money order.
     
    3. Plastic Decorators must send each certified check or money order to:
     
    3
    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.
    Plastic Decorators must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    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 February 3, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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