ILLINOIS POLLUTION CONTROL BOARD
    November 1, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    JOHN CRANE, INC.,
     
    Respondent.
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    PCB 01-76
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On October 31, 2000, the Office of the Attorney General, on behalf of the People
    of the State of Illinois (People), filed a complaint against John Crane, Inc. (Crane).
    See
     
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege Crane
    violated air pollution emission limitations for volatile organic compounds and violated air
    pollution control requirements at its facility located at 6400 Oakton Street, Morton
    Grove, Cook County. These activities were in alleged violation of Section 9(a) of the
    Environmental Protection Act (Act) (415 ILCS 5/9(a) (2000)) and the Board’s air
    pollution regulations located at 35 Ill. Adm. Code 201.141, 218.204(j)(2)(A) and
    218.946.
     
    On October 1, 2001, the People and Crane 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) (2000)). This filing is authorized by Section
    31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2000)).
    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
     
    Sun-Times
    on October 4, 2001. 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) (2000); 35 Ill. Adm. Code
    103.300(b).
     
    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 Crane’s 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) (2000)). The People and
    Crane have satisfied Section 103.302. Crane denies the alleged violations and agrees to
    pay a civil penalty of $166,337. The Board accepts the stipulation and proposed
    settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
     
      
    2
     
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and
    proposed settlement.
     
    2. John Crane, Inc. (Crane) must pay a civil penalty of $166,337 no later than
    December 1, 2001, which is the 30th day after the date of this order.
    Crane must pay the civil penalty by certified check or money order,
    payable to the Environmental Protection Trust Fund. The case number,
    case name, and Crane’s social security number or federal employer
    identification number must be included on the certified check or money
    order.
     
    3. Crane 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)
    (2000)) at the rate set forth in Section 1003(a) of the Illinois Income Tax
    Act (35 ILCS 5/1003(a) (2000)).
     
    5. Crane 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) (2000);
    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.
     
     
      
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above opinion and order on November 1, 2001, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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