ILLINOIS POLLUTION CONTROL BOARD
    June 7, 2001
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    REICHHOLD, INC.,
     
    Respondent.
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    PCB 01-11
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by C.A. Manning):
    This matter is before the Board on the parties May 22, 2001 joint motion to amend a
    stipulation and proposal for settlement accepted by the Board in its August 24, 2000 order. On
    July 24
    ,
    2000, the People of the State of Illinois filed a complaint against Reichhold Inc.,
    accompanied by a joint stipulation and proposal for settlement. The complaint alleged that
    respondent violated Section 9(b) of the Environmental Protection Act (Act) (415 ILCS 5/9(b)
    (2000)), and Special Condition No. 2 of Operating Permit No. 94110091. On August 24,
    2000, the Board accepted a stipulation and proposal for settlement filed by the parties.
     
    On May 22, 2001, the parties filed a motion to amend the stipulation and proposal for
    settlement, due to an error in the price quotations for equipment pricing.
    1
    The parties also
    filed a motion requesting relief from the hearing requirement of Section 31(c)(1) of the Act
    (415 ILCS 5/31(c)(1) (2000)).
     
    Pursuant to Section 31(c)(2) of the Act, the complainant may file with the Board a
    stipulation and proposal for settlement accompanied by a request for relief from the hearing
    requirement. (415 ILCS 5/31(c)(2) (2000)). Unless the Board determines that a hearing is
    needed, the Board is required to publish notice of the stipulation and proposal for settlement
    and request for relief from the hearing requirement.
     
    1
    In the course of preparing formal engineering plans for the Supplemental Environmental
    Project (SEP) detailed in the stipulation, respondent obtained new engineering estimates for the
    procurement and installation of the materials required for the SEP. The new engineering
    estimates revealed that respondent’s vendors had seriously erred in earlier quotations for
    equipment pricing. This error amounted to a true cost of $716,000 for the SEP, whereas the
    parties anticipated the costs of the SEP to be $155,000. The reduction in the complainant’s
    penalty demand was based upon the respondent’s implementation of the SEP. Implementation
    of the SEP was not necessary for respondent to achieve regulatory or permitting compliance.
    In lieu of implementing the SEP, the amended stipulation reflects that respondent shall pay
    complainant’s initial demand of $75,000.
     
    2
    Accordingly, the Board directs the Clerk of the Board to cause publication of the
    required newspaper notice. Any person may file a written demand for hearing within 21 days
    of the published notice. If a hearing is requested, the Board will deny the parties’ request for
    relief and schedule a hearing.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 7th day of June 2001 by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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