ILLINOIS POLLUTION CONTROL BOARD
November 2, 2000
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
RODGERS ENGINEERING CORPORATION,
Respondent.
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PCB 00-86
(Enforcement - Air)
ORDER OF THE BOARD (by M. McFawn):
On November 15, 1999, the People of the State of Illinois (People) filed a three-count complaint
against respondent Rogers Engineering Corporation (Rogers), a manufacturer of thermostat polystyrene bulk
molding compounds. The complaint alleges Rogers failed to timely submit Clean Air Act permit
applications, failed to submit annual emission reports, and constructed and operated new emission sources
and new air pollution control equipment without a permit at its materials division facility in Elburn, Kane
County, Illinois, and its two molding division facilities in Addison, Dupage County, Illinois. These activities
were in alleged violation of Sections 9(a), 9(b), and 39.5(6)(b) of the Environmental Protection Act (Act) (415
ILCS 5/9(a), 9(b), 39.5(6)(b) (1998)), Section 270.201 of the Agency’s rules at
35 Ill. Adm. Code 270.201(c), and Sections 201.142, 201.143, 201.302(a), 254.301(a), and 254. 302 of the Board’s
air pollution regulations at 35 Ill. Adm. Code 201.142, 201.143, 201.302(a), 254.301(a), 254.302.
In addition to the complaint , on October 17, 2000, 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)). In the proposed stipulation Rogers admits the allegations alleged in the
complaint. Rogers proposes to pay a $20,000 penalty.
Pursuant to Section 31(c)(2) of the Act, the parties 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) (1998)).
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.
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 2nd day of November 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board