ILLINOIS POLLUTION CONTROL BOARD
    January 10, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CATERPILLAR, INC., a Delaware
    corporation,
     
    Respondent.
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    PCB 02-80
    (Enforcement – Air)
    ORDER OF THE BOARD (by C.A. Manning):
     
    On December 18, 2001, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a three-count complaint against Caterpillar, Inc.
    (Caterpillar).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege
    that Caterpillar violated Sections 9(b) and 9.1(d) of the Environmental Protection Act (Act)
    (415 ILCS 5/9(b), 9.1(d) (2000)), and various air emission regulations. The People further
    allege that Caterpillar violated these provisions in its operation of a boiler, two diesel
    generators, three underground storage tanks, one above ground gasoline tank, one bulk paint
    storage tank, and one diesel fuel tank. The complaint concerns Caterpillar’s facility that
    manufactures heavy machinery and machinery components. The facility is located at 600 West
    Washington, East Peoria, Tazewell County.
     
    Additionally, on December 18, 2001, the People and Caterpillar 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)). This filing is authorized by Section
    31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code 103.300(a). Under
    the proposed stipulation, Caterpillar neither admits nor denies the alleged violations, but would
    pay a $20,000 penalty.
     
    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); 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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 10, 2002, by a vote of 6-0.
     
     
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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