ILLINOIS POLLUTION CONTROL BOARD
    October 16, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ACTION ATHLETIC, INC., an Illinois
    corporation,
     
    Respondent.
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    PCB 02-213
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On May 31, 2003, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Action Athletic, Inc. (Action Athletic).
    See
    415
    ILCS 5/31(c)(1) (2002),
    amended by
    P.A. 93-152, eff. July 10, 2003; 35 Ill. Adm. Code 103.204.
    The People allege that Action Athletic violated Sections 9(a), 9(b), 9.8(b), and 39.5(b)(6) of the
    Environmental Protection Act (Act). 415 ILCS 5/9(a), 9(b), 9.8(b), and 39.5(b)(6) (2002). The
    People further allege that Action Athletic violated these provisions by emitting volatile organic
    material (VOM) from its facility into the environment during the process of manufacturing
    wrestling pads. The complaint concerns Action Athletic’s sports equipment manufacturing
    facility located at 3144 21st St. in Zion, Lake County.
     
    On October 3, 2003, the People and Action Athletic 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)
    amended by
    P.A. 93-152, eff. July 10, 2003). This filing
    is authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2002),
    amended by
    P.A. 93-
    152, eff. July 10, 2003).
    See
    nder the proposed stipulation, the
    Action Athletic neither admits nor denies the alleged violations and agrees to pay a civil penalty
    of $28,000.
     
    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
    hearing. 415 ILCS 5/31(c)(2) (2002),
    amended by
    P.A. 93-152, eff. July 10, 2003; 35 Ill. Adm.
    Code 103.300(b), (c). The Board directs the Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 16, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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