ILLINOIS POLLUTION CONTROL BOARD
December 7, 2000
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CLEVELAND STEEL CONTAINER
CORPORATION,
Respondent.
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PCB 00-151
(Enforcement – Air)
ORDER OF THE BOARD (by S.T. Lawton, Jr.):
On March 10, 2000, the People of the State of Illinois (People) filed a five-count
complaint against respondent Cleveland Steel Container Corporation (Cleveland Steel), a steel
pail manufacturer. The complaint alleges Cleveland Steel operated without a permit, caused
emissions limitation violations, failed to timely submit a fugitive dust plan, violated special
provisions of its operating permit, and commenced construction without a permit at its facility
located at 117 East Lincoln, Peotone, Will County, Illinois. These actions are in alleged
violation of Sections 9(a) and 9(b) of the Environmental Protection Act (Act) (415 ILCS 5/9(a),
9(b) (1998)), the Board’s air pollution regulations at 35 Ill. Adm. Code 201.142, 201.143,
212.309, and 218.207(d), and Special Condition 2(a) of Cleveland Steel’s operating permit.
On November 29, 2000, the parties filed a stipulation and proposal for settlement. On
November 30, 2000, the parties filed 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 Cleveland
Steel neither admits nor denies the allegations contained in the complaint. Cleveland Steel
proposes to pay a $15,750 penalty.
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) (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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
above order was adopted on the 7th day of December 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board