ILLINOIS POLLUTION CONTROL BOARD
October 4, 2001
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
REICHHOLD, INC.,
Respondent.
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PCB 01-11
(Enforcement - Air)
ORDER OF THE BOARD (by C.A. Manning):
This matter is before the Board on the parties’ May 22, 2001 joint motion to
amend a stipulation and proposal for settlement accepted by the Board in its August 24,
2000 order. On July 24
,
2000, the People of the State of Illinois filed a complaint against
Reichhold Inc. (Reichhold), accompanied by a joint stipulation and proposal for
settlement. The complaint alleged that Reichhold violated Section 9(b) of the
Environmental Protection Act (Act) (415 ILCS 5/9(b) (2000)), and Special Condition No.
2 of Operating Permit No. 94110091. On August 24, 2000, the Board accepted a
stipulation and proposal for settlement filed by the parties. Among other things,
Reichhold was ordered to pay a $41,250 penalty and to perform a Supplemental
Environmental Project (SEP), involving installation of a custom made burner unit to
reduce NOx emissions at its chemical manufacturing plant in Morris, Grundy County.
On May 22, 2001, the parties filed a motion to amend the stipulation and proposal
for settlement, due to an error in the price quotations received by Reichhold for
equipment pricing.
1 The parties seek to increase the penalty to $75,000, and eliminate the
SEP implementation provision. The parties also filed a motion requesting relief from the
hearing requirement of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2000)).
The Board provided notice of the stipulation, proposed settlement, and request for
relief, including published notice in
The Morris Daily Herald
. The Board did not receive
1 In the course of preparing formal engineering plans for the Supplemental Environmental
Project (SEP) detailed in the stipulation, Reichhold obtained new engineering estimates
for the procurement and installation of the materials required for the SEP. The new
engineering estimates revealed that Reichhold’s vendors had seriously erred in earlier
quotations for equipment pricing. This error amounted to a true cost of $716,000 for the
SEP, whereas the parties anticipated the costs of the SEP to be $155,000. The reduction
in the complainant’s penalty demand was based upon the Reichhold’s implementation of
the SEP. Implementation of the SEP was not necessary for Reichhold to achieve
regulatory or permitting compliance.
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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).
Reichhold has already paid a civil penalty of $41,250. In lieu of implementing
the SEP, as required by the August 24, 2000 order, the amended stipulation set forth
below orders Reichhold to pay an additional civil penalty of $33,750, for a total civil
penalty of $75,000. The Board accepts the amended stipulation and proposed settlement.
The Board grants the parties’ motion to amend the stipulation and proposal for settlement
accepted by order of August 24, 2000.
ORDER
1.
The Board accepts and incorporates by reference the stipulations and
proposed settlements as (1) accepted in the Board’s order of August 24,
2000, and (2) as contained in the parties’ May 22, 2001 motion to amend.
2.
Reichhold, Inc. (Reichhold) must pay an additional civil penalty of
$33,750 for a total civil penalty of $75,000 on or before November 4,
2001, which is the 30th day after the date of this order. Reichhold must
pay the civil penalty by certified check or money order, payable to the
Environmental Protection Trust Fund. The case number, case name, and
Reichhold’s social security number or federal employer identification
number must be included on the certified check or money order.
3.
Reichhold 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.
Reichhold must cease and desist from the alleged violations.
6.
All of the terms and conditions of the stipulation adopted on August 24,
2000 remain in full force and effect except as set forth above.
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
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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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on October 4, 2001, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
