ILLINOIS POLLUTION CONTROL BOARD
    January 22, 2004
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    STEIN STEEL MILL SERVICES, INC.,
     
    Respondent.
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    PCB
    02-1
     
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On July 2, 2003, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Stein Steel Mill Services, Inc. (Stein Steel).
    See
     
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that Stein Steel
    violated Section 9(a) and (b) of the Environmental Protection Act (415 ILCS 5/9(a) and (b)
    (2002)); 35 Ill. Adm. Code 201.141, 212.309(a), and 212.316(g)(4); and special condition 8(b) of
    operating permit 96090078. The People further allege that Stein Steel violated these provisions
    by causing or allowing air pollution and permit violations. The complaint concerns Stein Steel’s
    slag crushing and screening facility at 2201 Edwardsville Road, Granite City, Madison County.
     
    On December 2, 2003, the People and Stein Steel Mill Services 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) (2002)). This filing is authorized by Section 31(c)(2
    )
    of the Act (415 ILCS 5/31(c)(2) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). The Board
    provided notice of the stipulation, proposed settlement, and request for relief from hearing. The
    Board published newspaper notice in the
    Granite City Press Record
     
    Journal
    on December 16,
    2003. 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) (2002); 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
    Stein Steel’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) (2002)). The People and Stein Steel have
    satisfied Section 103.302. Stein Steel neither admits nor denies the alleged violations and agrees
    to pay a civil penalty of $15,000. The Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
     
    2
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. Stein Steel must pay a civil penalty of $15,000 no later than February 21, 2004,
    which is the 30th day after the date of this order. Stein Steel must pay the civil
    penalty by certified check or money order, payable to Illinois Environmental
    Protection Trust Fund. The case number, case name, and Stein Steel’s federal
    employer identification number (34-1320778) must be included on the certified
    check or money order.
     
    3. Stein Steel 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
     
    A copy of the payment transmittal and check must be sent simultaneously to:
     
    Office of the Attorney General
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
     
    4.
     
    a. No later than February 21, 2004, which is the 30th day after the date of
    this order, the respondent must submit a comprehensive fugitive
    particulate control program which meets the requirements of 35 Ill. Adm.
    Code 212.309 and is consistent with the information submitted in the
    application for the CAAPP permit to the Agency by sending to:
     
    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, IL 62794-9276
     
    and
     
    Illinois Environmental Protection Agency
    c/o John Justice
    2009 Mall Street
    Collinsville, IL 62234
     
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    b. The Agency must, within thirty (30) days, review the program submitted
    by Stein Steel pursuant to subparagraph (a) and advise Stein Steel in
    writing whether the program is acceptable. If the program is deficient, the
    Agency must advise Stein Steel of the deficiency or deficiencies
    identified.
    c. If the Agency, pursuant to subparagraph (b), identifies any deficiencies in
    the fugitive particulate control program submitted pursuant to
    subparagraph (a), Stein Steel shall resubmit the program with the required
    corrections within thirty (30) days of the date of receipt of the Agency’s
    notice of deficiency to the Agency at the addresses listed in subparagraph
    (a).
    d. Stein Steel must amend, as necessary, its fugitive particulate control
    program so that it is current as required by 35 Ill. Adm. Code 212.312.
    e. Stein Steel must keep written records and submit reports as required by 35
    Ill. Adm. Code 212.316(g).
    5. Stein Steel agrees to dismiss a permit appeal filed with the Board and docketed as
    PCB 02-211 no later than February 21, 2004, which is the 30th day after the date
    of this order. Stein Steel further agrees to waive the Board’s decision deadline in
    PCB 02-211 until 90 days after the date of this order.
    6. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    5. Stein Steel 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) (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.
     
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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 22, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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