ILLINOIS POLLUTION CONTROL BOARD
    February 21, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    NINA ENTERPRISES, INC.,
     
    Respondent.
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    PCB 00-125
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by R.C. Flemal):
     
    On January 28, 2000, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Nina Enterprises, Inc..
    See
    415 ILCS
    5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that Nina Enterprises, Inc.
    violated Sections 9(a), 9(b), and 39.5(b) of the Environmental Protection Act (Act) (415 ILCS
    5/9(a), 9(b), 39.5(b) (2000)) and Sections 201.141, 218.204(g)(2) and 270.301(a) of the Board’s
    air pollution regulations. 35 Ill. Adm. Code 201.141, 218.204(g)(2) and 270.301(a). The People
    further allege that Nina Enterprises, Inc., violated these provisions by not complying with the
    applicable volatile organic material emissions limitations. The complaint concerns Nina
    Enterprises, Inc.’s metal office products manufacturing facility at 1350 South Levitt, Chicago,
    Cook County.
     
    On February 7, 2002, the People and Nina Enterprises, Inc., 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, Nina Enterprises, Inc., neither admits nor denies the alleged violations and agrees to
    pay a civil penalty of $37,000.
     
    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.
     
    2
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 21, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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