ILLINOIS POLLUTION CONTROL BOARD
February 15, 2001
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CRO-MAT COMPANY, INC., an Illinois
corporation,
Respondent.
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PCB 00-209
(Enforcement – Air)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On May 30, 2000, the People of the State of Illinois (People) filed a three-count
complaint against respondent CRO-MAT Company, Inc. (Cro-Mat). The complaint alleges
Cro-Mat failed to comply with National Emissions Standards for chromium emissions by the
regulatory deadline, constructed an emissions source without a permit, and operated an
emissions source without a permit at its electroplating facility located at 3771 West Morse,
Lincolnwood, Cook County, Illinois. These activities were in alleged violation of Sections
9(b) and 9.1(d)(1) of the Environmental Protection Act (Act) (415 ILCS 5/9(b), 9.1(d)(1)
(1998)), the Board’s air pollution regulations at 35 Ill. Adm. Code 201.142 and 201.143, and
the hard chromium National Emissions Standards for Hazardous Air Pollutants at
40 C.F.R. § 63.342(a) and § 63.343(b)(1).
On January 4, 2001, the parties filed a stipulation and proposal for settlement,
accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
the Act (415 ILCS 5/31(c)(1) (1998)). Pursuant to Section 31(c)(2) of the Act (415 ILCS
5/31(c)(2) (1998)), the Board caused publication of the required newspaper notice of the
stipulation and proposal for settlement and request for relief from the hearing requirement.
The notice appeared in
The Chicago Sun-Times
on January 10, 2001. The Board did not
receive any requests for hearing. Accordingly, the Board grants a waiver from the hearing
requirement.
The stipulation and proposal for settlement sets forth the facts relating to the nature,
operations, and circumstances surrounding the allegations in the complaint. Cro-Mat admits
the allegations in the complaint and agrees to pay a civil penalty of $3,000.
The Board accepts the stipulation and proposal for settlement filed by the parties in this
matter. Cro-Mat must continue to comply with any federal, State, or local regulations
including, but not limited to, the Act and the Board’s regulations.
This opinion constitutes the Board’s findings of fact and conclusions of law in this
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matter.
ORDER
1. The Board hereby accepts the stipulation and settlement agreement executed by
the People of the State of Illinois and Cro-Mat. The stipulation and settlement
agreement is incorporated by reference as though fully set forth herein.
2. Cro-Mat must pay a civil penalty of $3,000. Payment must be made within 30
days of the date of this order, that is, on or before March 17, 2001. Such
payment must be made by certified check or money order payable to the Illinois
Environmental Protection Agency, for deposit in the Environmental Protection
Trust Fund. The case number, case name, and Cro-Mat’s Federal Employer
Identification number 36-3705189 must also be included on the certified check
or money order and clearly indicate that payment is directed to the
Environmental Protection Trust Fund.
3. The check or money order must be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4. Any such penalty not paid within the time prescribed incurs interest at the rate
set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act, (35
ILCS 5/1003 (1998)), as now or hereafter amended, from the date payment is
due until the date payment is received. Interest does not accrue during the
pendency of an appeal during which payment of the penalty has been stayed.
5. Cro-Mat must cease and desist future alleged violations of any federal, State, or
local statutes and regulations.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
service of this order. Illinois Supreme Court Rule 335 establishes such filing requirements.
See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.520, Motions for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
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the above opinion and order was adopted on the 15th day of February 2001 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
