ILLINOIS POLLUTION CONTROL BOARD
September 19, 2002
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCB
97-113
)
(RCRA
Enforcement)
HOMIN LEE d/b/a MEISEL PLATING
)
)
Respondent.
)
ORDER OF THE BOARD (by R.C. Flemal):
On December 27, 1996, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Homin Lee d/b/a Meisel Plating (Homin Lee).
See
415 ILCS 5/31.1(c) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm. Code
108.202(c). The People allege that Homin Lee violated Sections 21(f)(1) and (f)(2) of the
Environmental Protection Act (Act) and 35 Ill. Adm. Code Sections 703.121(a), 722.111,
722.140(a) and (c), and 728.107(a) and (f). 415 ILCS 21(f)(1) and (f)(2)
amended by
P.A. 92-
0574, eff. June 26, 2002. The People further allege that Homin Lee violated these provisions by
failing to perform a hazardous waste determination, failing to get a resource conservation and
recovery act permit, failing to keep copies of manifests and records of test results and waste
analyses, and failing to keep on-site copies of documentation relating to the on-site or off-site
treatment, storage or disposal of the hazardous waste. The complaint concerns Homin Lee’s
metal plating facility at 2037 West Division Street, Chicago, Cook County.
On August 7, 2002, the People and Homin Lee 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)
amended by
P.A. 92-0574, eff. June 26, 2002). 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
Chicago Sun-Times
on August 12,
2002. 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
Homin Lee’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 Homin Lee have
satisfied Section 103.302. Homin Lee neither admits nor denies the alleged violations and agrees
to pay a civil penalty of $5,500. The Board accepts the stipulation and proposed settlement.
2
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Homin Lee must pay a civil penalty of $5,500 no later than October 21, 2002.
Homin Lee must pay the civil penalty by certified check or money order, payable
to the Illinois Environmental Protection Trust Fund. The case number, case
name, and Homin Lee’s social security number or federal employer identification
number must be included on the certified check or money order.
3.
Homin Lee 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.
Homin Lee 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)
amended by
P.A. 92-0574, eff. June 26, 2002;
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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on September 19, 2002, by a vote of 7-0.
3
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
