ILLINOIS POLLUTION CONTROL BOARD
    January 9, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    FIC AMERICA CORPORATION, an Illinois
    corporation,
     
    Respondent.
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    PCB 02-71
    (Enforcement - Water)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On December 6, 2001, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against FIC AMERICA CORPORATION (FIC).
    See
     
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege violations of the
    Board’s Water Regulations and Sections 12(a), (b), (c), and (h) of the Environmental Protection
    Act (Act). 35 Ill. Adm. Code 309.202(a) and 307.4301(b)(1) and (2); 415 ILCS 5/12(a), (b), (c),
    and (h) (2000)
    amended by
    P.A. 92-0574, eff. June 26, 2002. The People further allege that FIC
    violated these provisions by causing water pollution, illegally discharging into sewer works, and
    beginning construction of a new wastewater pretreatment system without a permit. The
    complaint concerns FIC’s metal finishing facility located at 485 East Lies Road, Carol Stream,
    DuPage County.
     
    On December 18, 2002, the People and FIC 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)
    amended by
    P.A. 92-
    0574, eff. June 26, 2002).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation
    and settlement, FIC admits the violations alleged in the People’s complaint and agrees to pay a
    civil penalty of $25,000.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2000)
    amended by
    P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm.
    Code 103.300(b), (c). The Board directs the Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 9, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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