ILLINOIS POLLUTION CONTROL BOARD
April 19, 2001
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
GLC, INC. d/b/a MIDWEST GRINDING
AND RECYCLING,
Respondent.
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PCB 99-79
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by M. McFawn):
On December 16, 1998, the People of the State of Illinois (People) filed a three-count
complaint against respondent GLC, Inc. d/b/a Midwest Grinding and Recycling (GLC). The
complaint alleged GLC caused, threatened or allowed the emission of contaminants, operated
without a permit, and failed to submit proper National Emission Standards for Hazardous Air
Pollutants (NESHAP) notifications to the Illinois Environmental Protection Agency. The
complaint alleged that these violations occurred at five locations in Madison County. The
activities were in alleged violation of Sections 9(a) and (b), and 9.1(d) of the Environmental
Protection Act (Act) (415 ILCS 5/9(a) and (b), and 9.1(d) (1998)), the Board’s permitting
regulations at 35 Ill. Adm. Code Part 201, the Board’s visible and particulate emissions
regulations at 35 Ill. Adm. Code Part 212, and the federal NESHAP standards for demolition
and renovation found at 40 C.F.R. 61.145.
On March 6, 2001, the parties filed a stipulation and proposal for settlement,
accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
the Act (415 ILCS 5/31(c)(1) (1998)). GLC proposes to pay a $10,000 penalty in quarterly
installments. Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), the Board
caused publication of the required newspaper notice of the stipulation and proposal for
settlement and request for relief from the hearing requirement. The notice appeared in
The
Alton Telegraph
on March 9, 2001. The Board did not receive any requests for hearing.
Accordingly, the Board grants a waiver from the hearing requirement.
The stipulation and proposal for settlement sets forth the facts relating to the nature,
operations, and circumstances surrounding the allegations in the complaint. GLC denies the
violations alleged by the People, but agrees to pay a civil penalty of $10,000 in quarterly
installments.
The Board accepts the stipulation and proposal for settlement filed by the parties in this
matter. GLC must continue to comply with any federal, State, or local regulations including,
but not limited to, the Act and the Board’s regulations.
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This opinion constitutes the Board’s findings of fact and conclusions of law in this
matter.
ORDER
1. The Board hereby accepts the stipulation and settlement agreement executed by
the People of the State of Illinois and GLC, Inc. d/b/a Midwest Grinding and
Recycling (GLC). The stipulation and settlement agreement is incorporated by
reference as though fully set forth herein.
2. GLC must pay a civil penalty of $10,000, payable in quarterly installments. All
payments must be made by certified check or money order payable to the
Treasurer of the State of Illinois, for deposit in the Environmental Protection
Trust Fund. The case number, case name, and GLC’s Federal Employer
Identification number 36-4029145 must also be included on the certified check
or money order and clearly indicate that payment is directed to the
Environmental Protection Trust Fund.
3. GLC must make its first payment of $2,500 within 30 days of the date of this
order, that is, on or before May 21, 2001. GLC must make three additional
payments of $2,500 on or before the following dates: August 17, 2001,
November 15, 2001, and February 13, 2002.
4. The checks or money orders must 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
Copies of the payment transmittal and check shall be simultaneously submitted
to:
Office of the Attorney General
Sally Carter, Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
5. Any such penalty not paid within the time prescribed incurs interest at the rate
set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act, (35
ILCS 5/1003 (1998)), as now or hereafter amended, from the date payment is
due until the date payment is received. Interest does not accrue during the
pendency of an appeal during which payment of the penalty has been stayed.
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6. GLC must diligently conform to Sections 9(a), (b), and 9.1(d) of the Act (415
ILCS 5/9(a), (b), and 9.1(d)(1998)), 35 Ill. Adm. Code 210.141, 201.142,
210.143, 212.301, and 212.321, and 40 C.F.R. 61.145(b), and any other
federal, State, or local statutes and regulations.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) 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 establishes such filing requirements.
See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.520, 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 19th day of April 2001 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
