ILLINOIS POLLUTION CONTROL BOARD
April 15, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
LEHIGH PRESS, INC., a Pennsylvania
corporation a/k/a LEHIGH PRESS-
CADILLAC, LEHIGH CADILLAC-DIRECT,
LEHIGH DIGITAL, and LEHIGH DIRECT,
Respondent.
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PCB 03-220
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
On May 29, 2003, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Lehigh Press, Inc. (Lehigh Press).
See
415 ILCS
5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that Lehigh Press violated
Sections 9(a) and (b) and 39.5(6)(a) of the Environmental Protection Act (Act) (415 ILCS 5/9(a)
and (b) and 39.5(6)(a) (2002)); 35 Ill. Adm. Code 218.407(a)(1)(C), 218.410(c)(2), and
218.411(b)(3); conditions 7.1.5(a), 7.1.3(e)(i)(C), and 7.1.9(c)(i) of CAAPP no. 95100080; and
conditions 1.1.7(a) and 1.1.9(b)(i) for construction permit no. 01040039. The People further
allege that Lehigh Press violated these provisions by causing, threatening, or allowing air
pollution by operating its afterburner at a temperature lower than required; by failing to install,
calibrate, operate, collect, and record data on its air pollution control equipment; and by reducing
emissions from one unit to another in violation of its permit. The complaint concerns Lehigh
Press’s commercial printing facility at 25th and Lexington Avenue, Broadview, Cook County.
On March 12, 2004, the People and Lehigh Press 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
Pioneer Press
on March 17, 2004. 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
Lehigh Press’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 Lehigh Press have
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satisfied Section 103.302. Lehigh Press denies the alleged violations but agrees to pay a civil
penalty of $30,000. The Board accepts the stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1. The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2. Lehigh Press must pay a civil penalty of $30,000 no later than May 15, 2004,
which is the 30th day after the date of this order. Lehigh Press must pay the civil
penalty by certified check or money order, payable to the Environmental
Protection Trust Fund. The case number, case name, and Lehigh Press’s federal
employer identification number must be included on the certified check or money
order.
3. Lehigh Press 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) (2002)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2002)).
See also
Section VII(A)(6) at page 10 of the stipulation for additional
details.
5. Lehigh Press 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 April 15, 2004, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board