ILLINOIS POLLUTION CONTROL BOARD
June 17, 1999
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
J. L. CLARK, INC., a Delaware
corporation,
Respondent.
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PCB 99-73
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On April 23, 1999, the Illinois Attorney General and J.L. Clark, Inc., a Delaware
corporation, filed an amended complaint, an amended stipulation and proposal for settlement,
an agreed motion for leave to file
instanter
, and a motion requesting relief from the hearing
requirement pursuant to Section 31(c)(2) of the Environmental Protection Act (Act) (415 ILCS
5/31(c)(2) (1996)). On May 6, 1999, the Board issued an order considering the motion to be a
request to reopen this docket. The docket had been closed by the Board order of January 21,
1999, accepting the parties’ December 3, 1998 stipulation and proposal for settlement. The
May 6, 1999 Board order granted the motion for leave to file
instanter
the amended complaint
and amended stipulation.
Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1996)), the Board caused
publication of the required newspaper notice of the amended stipulation and proposal for
settlement and request for relief from the hearing requirement. The Board did not receive any
requests for hearing. Accordingly, the Board grants a waiver from the hearing requirement.
The Board also vacates its order of January 21, 1999, accepting the original stipulation and
settlement of the original complaint.
The amended complaint alleged that the respondent violated Sections 9(a), 9(b), and
39.5(6)(b) of the Environmental Protection Act (Act) (415 ILCS 5/9(a), 9(b), 39.5(6)(b)
(1996)) and 35 Ill. Adm. Code 201.143, 201.144, 201.270(c), 201.302(a), and 254.302 by
operating an existing emission source and air pollution control equipment without a permit, by
operating a major stationary source without a permit, by failing to timely submit annual
emission reports, and by operating a new emission source, air pollution control equipment
without a permit, operating a Clean Air Act Permit Program permit source during malfunction
of air pollution control equipment, constructing and operating a new emission source without a
permit, and failing to control volatile organic emissions.
The amended stipulation and proposal for settlement sets forth the facts relating to the
nature, operations, and circumstances surrounding the allegations in the complaint. The
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respondent neither admits nor denies the alleged violations and agrees to pay a total civil
penalty of $30,000. Respondent must continue to comply with any federal, State, or local
regulations including, but not limited to, the Act and the Board’s regulations.
This opinion constitutes the Board’s findings of fact and conclusions of law in this
matter.
ORDER
1.
The Board hereby accepts the amended stipulation and settlement agreement
executed by the People of the State of Illinois and J.L. Clark, Inc., a Delaware
corporation, for alleged violations at 2300 Sixth Street, Rockford, Winnebago
County, Illinois and 2300 Wisconsin Avenue, Downers Grove, DuPage County,
Illinois. The stipulation and settlement agreement is incorporated by reference
as though fully set forth herein.
2.
The respondent shall pay the sum of $25,000 within 30 days from January 21,
1999, the date the Board adopted a final opinion and order approving the
original stipulation and proposal for settlement filed on December 3, 1998.
Such payment shall be made by two certified checks or money orders payable to
the Treasurer of the State of Illinois. The first check shall be in the amount of
$2,159 designated to the Illinois Environmental Protection Clean Air Act Permit
Fund (091). The second check shall be in the amount of $22,841 designated to
the Environmental Protection Trust Fund. The case number, case name, and
the respondent’s federal employer identification number 36-3582485 shall also
be included on both checks (or money orders). The Illinois Environmental
Protection Agency received respondent’s payment of $25,000 on February 19,
1999.
3.
The respondent shall pay an additional civil penalty of $5,000 within 30 days of
the date of this order, on or before July 17, 1999. Such payment shall be made
by certified check payable to the Treasurer of the State of Illinois, designated to
the Environmental Protection Trust Fund. The case number, case name, and
the respondent’s federal employer identification number 36-3582485 shall also
be included on the check (or money order).
4.
The check (or money order) shall be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
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A copy of each payment transmittal and check shall be simultaneously
submitted to:
Johnna J. Potthoff
Assistant Attorney General
Environmental Bureau
Attorney General’s Office
100 West Randolph Street, 11th Floor
Chicago, Illinois 60601
5.
Any such penalty not paid within the time prescribed shall incur interest at the
rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
(35 ILCS 5/1003), as now or hereafter amended, from the date payment is due
until the date payment is received. Interest shall not accrue during the pendency
of an appeal during which payment of the penalty has been stayed.
6.
Respondent shall cease and desist from the alleged violations.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
service of this order. Illinois Supreme Court Rule 335 establish such filing requirements. See
172 Ill. 2d R. 335; see also Ill. Adm. Code 101.246, Motions for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 17th day of June 1999 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
