ILLINOIS POLLUTION CONTROL BOARD
January 24, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CATERPILLAR, INC., a Delaware
corporation
Respondent.
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PCB 02-80
(Enforcement – Air)
OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On December 18, 2001, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a three-count complaint against Caterpillar, Inc. (Caterpillar).
See
415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that Caterpillar
violated Sections 9(b) and 9.1(d) of the Environmental Protection Act (Act) (415 ILCS 5/9(b),
9.1(d) (2000)), and various air emission regulations. The People further allege that Caterpillar
violated these provisions in its operation of a boiler, two diesel generators, three underground
storage tanks, one above ground gasoline tank, one bulk paint storage tank, and one diesel fuel
tank. The complaint concerns Caterpillar’s facility that manufactures heavy machinery and
machinery components. The facility is located at 600 West Washington, East Peoria, Tazewell
County.
Additionally, on December 18, 2001, the People and Caterpillar 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)). 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 from hearing. The
newspaper notice was published in the
East Peoria Times-Courier
on
December 26, 2001. 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
Caterpillar’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 Caterpillar have satisfied
Section 103.302. Caterpillar denies the alleged violations, but agrees to pay a $20,000 penalty.
The Board accepts the stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
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ORDER
1. The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2. Caterpillar, Inc. (Caterpillar) must pay a civil penalty of $20,000 no later than
February 24, 2002, which is the 30th day after the date of this order. Caterpillar
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
Caterpillar’s social security number or federal employer identification number
must be included on the certified check or money order.
3. Caterpillar 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. Caterpillar 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);
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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on January 24, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board