ILLINOIS POLLUTION CONTROL BOARD
January 20,
1994
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
Complainant,
)
v.
)
PCB 92—84
(Enforcement)
BERKSHIRE
FURNITURE
COMPANY,
INC.,
)
a Delaware Corporation,
)
)
Respondent.
OPINION
AND
ORDER
OF THE
BOARD
(by C.A. Manning):
This matter comes before the Board upon an amended complaint
filed December 14,
1993, by Roland W. Burns, Attorney General of
the State
of
Illinois,
on behalf
of the Illinois Environmental
Protection Agency (Agency) and the People of the State of Illinois,
against Berkshire Furniture Company
(“Berkshire”),
d/b/a Fashion
Bed
Group,
a Delaware Corporation,
formerly known
as Allegheny
Steel
& Brass Corp., regarding Berkshire’s facility at 5950 West
51st
Street,
Stickney,
Cook
County,
Illinois.
Berkshire
manufactures
brass
and
brass—plated
headboards,
and
provides
nickel,
chrome,
and brass
plating and
lacquer
coating
of metal
parts and products.
The amended complaint alleges that since approximately 1983:
(1)
Berkshire emitted volatile organic materials
(VOM)
from its
process causing air pollution in violation of 9(a)
of the Illinois
Environmental Protection Act (Act) and Board regulations at 35 Ill.
Adm. Code SS2O1.141,
215.204(g) and (j)(l), 218.204(g)
and (j)(1);
(2) Berkshire allegedly operated without a permit and constructed
new emission
sources
without
an
Agency construction
permit
in
violation of
Section
9(b)
of
the Act;
(3)
Berkshire
failed
to
operate in accordance of the new source performance standards set
forth in Section 9.1(b) and 9.1(d) (1) of the Act which incorporate
the
United
States
Enviromuental
Protection
Agency
performance
standards for surface coating of metal manufacturers; and
(4)
from
July 1991 through March
27,
1992,
Berkshire
failed to meet the
requirements
of
35
Ill.
Adm.
Code
S218.2ll(e)
regarding
certification, testing, reporting, recordkeeping, and notification
of new emission sources.
Pursuant
to
Section
31(a) (1)
of
the
Act,
a
joint
motion
requesting relief from the Act’s hearing requirement was filed by
the
parties
on
December
14,
1993.
Notice
of
the
waiver
was
published by the Board on December 17, 1993; no objection to grant
of the waiver was received.
Waiver of hearing is hereby granted.
A
Stipulation
and
Settlement
Agreement
was
filed
by
the
2
parties on December
14,
1993.
The Stipulation sets forth
facts
relating to the nature,
operations and circumstances surrounding
the
claimed
violations.
Berkshire
does
not admit
the alleged
violations
and
agrees
to
pay
a
civil
penalty
of
ninety-nine
thousand nine hundred fifty dollars
($99,950.00).
Pursuant to the settlement procedure requirements set forth in
35 Ill. Adm. Code 103.180, the Board hereby accepts the settlement
agreement as proposed by the parties.
The settlement agreement in
no way
affects the respondent’s
obligation
to
comply with
any
federal, state or local regulations, including but not limited to
the Act and the Board’s pollution control regulations.
This
opinion constitutes
the Board’s findings
of fact and
conclusions of law in this matter.
ORDER
1)
The Board hereby accepts the Stipulation and Settlement
Agreement executed by the People of the State of Illinois
and
Berkshire
Furniture
Company,
concerning
its
operations
located
in Stickney,
Cook County,
Illinois.
The Stipulation and Settlement Agreement are incorporated
by reference as though fully set forth herein.
2)
The Berkshire Furniture Company
shall pay the sum
of
ninety-nine
thousand
nine
hundred
fifty
dollars
($99,950.00) within
30 days of the date of this Order.
Such payment shall be made by certified check or money
order payable to the Treasurer of the State of Illinois,
designated to the Environmental Protection Trust Fund,
and shall be sent by First Class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P.O. Box 19276
Springfield, IL 62794—9276
Berkshire Furniture Company shall also write its Federal
Employer Identification Number or Social Security Number
on the certified check or money order.
Any such penalty not paid within
the time prescribed
shall incur interest at the rate set forth in subsection
(a) of Section 1003
of the Illinois Income Tax Act,
(35
ILCS 5/1003), as now or hereafter amended, from the date
payment
is
due
until
the
date
payment
is
received.
Interest
shall
not
accrue
during
the
pendency
of
an
appeal
during
which
payment
of
the
penalty
has
been
stayed.
3
3)
Berkshire Furniture Company shall cease and desist from
the alleged violations.
4)
Berkshire Furniture Company shall operate and maintain
the thermal
oxidizer
as
required by the
standard and
special conditions of its operating permit.
5)
For a period of five
(5) years from the date of the entry
of this order approving the Stipulation and Proposal for
Settlement, Berkshire Furniture Company, shall submit to
the
organizations
listed below copies
of any and all
reports
required
by
this
Board’s
Air
Pollution
Regulations and by the terms
of its operating permits,
except that Berkshire shall not be required to submit to
such
organization
copies
of
any
report
or
portions
thereof
which
are
proprietary
or
confidential
or
otherwise protected by law from public disclosure.
At
the same time Berkshire Furniture Company submits each
report to the Agency, Berkshire Furniture Company shall
send
a
copy to the organizations listed below
at the
addresses given below or at such other addresses as are
provided to Berkshire Furniture Company in writing by the
organizations:
Chicago Legal Clinic,
Citizens Against
Inc.
Pollution
ATTN: Keith Harley
ATTN:
Kathy Serwatka
2938 East 91st Street
5842 South Monitor
Chicago Illinois 60617
Chicago, Illinois 60638
Citizens for a Better Environment
ATTN: Andrew Comai
407 South Dearborn Street
Suite 1775
Chicago,
Illinois 60605
IT IS SO ORDERED.
Board Member J. Theodore Meyer concurred.
Section 41 of the Environmental Protection Act (415 ILCS 5/41)
provides for the appeal of final Board orders within 35 days of the
date
of
service
of
this
order.
(See
also
35
Ill.
Adm.
Code
101.246, “Motions for Reconsideration”.)
4
I,
Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that t~h~
above Opinion and Order was adopted
o~,the~t7~-~
day of
____________________,
1994,
by a vote of
Control Board