ILLINOIS POLLUTION CONTROL BOARD
    January 24, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CATERPILLAR, INC., a Delaware
    corporation
     
    Respondent.
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    PCB 02-80
    (Enforcement – Air)
     
    OPINION AND 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). The Board
    provided notice of the stipulation, proposed settlement, and request for relief from hearing. The
    newspaper notice was published in the
    East Peoria Times-Courier
    on
    December 26, 2001. 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) (2000); 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
    Caterpillar’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) (2000)). The People and Caterpillar have satisfied
    Section 103.302. Caterpillar denies the alleged violations, but agrees to pay a $20,000 penalty.
    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. Caterpillar, Inc. (Caterpillar) must pay a civil penalty of $20,000 no later than
    February 24, 2002, which is the 30th day after the date of this order. Caterpillar
    must pay the civil penalty by certified check or money order, payable to the
    Illinois Environmental Protection Trust Fund. The case number, case name, and
    Caterpillar’s social security number or federal employer identification number
    must be included on the certified check or money order.
     
    3. Caterpillar 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. Caterpillar 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) (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.
     
    3
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on January 24, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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