ILLINOIS POLLUTION CONTROL BOARD
March 21, 2002
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
NINA ENTERPRISES, INC.,
Respondent.
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PCB 00-125
(Enforcement - Air)
OPINION AND 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
5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). 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. 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 Environmental Protection Act (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. The newspaper notice was published in the Chicago Sun-Times on February 11, 2002.
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
Nina Enterprises Inc.’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 Nina
Enterprises, Inc. have satisfied Section 103.302. Nina Enterprises, Inc. neither admits nor denies
the alleged violation(s) and agrees to pay a civil penalty of $37,000. The Board accepts the
stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
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ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Nina Enterprises, Inc., must pay a civil penalty of $20,000 no later than
April 20, 2002, which is the 30th day after the date of this order. Nina
Enterprises, Inc., must additionally pay a civil penalty of $1,700 per month for the
ten consecutive months after the April 20, 2002 payment. Nina Enterprises, Inc.,
must pay the civil penalty by certified check or money order, payable to the
Environmental Protection Trust Fund. The case number, case name, and Nina
Enterprises Inc.’s federal employer identification number (36-3050995) must be
included on the certified check or money order.
3.
Nina Enterprises Inc., 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.
Nina Enterprises, Inc., 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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on March 21, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
