ILLINOIS POLLUTION CONTROL BOARD
July 13, 2000
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
MEYER STEEL DRUM, INC., an Illinois
corporation,
Respondent.
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PCB 98-95
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by M. McFawn):
On June 2, 2000, the parties filed a stipulation and proposal for settlement. The Board
accepts the stipulation and proposal for settlement filed by the parties in this matter. In pertinent
part, the complaint filed by the People of the State of Illinois (People) on December 31, 1997
alleged that respondent violated Sections 9(a) and 9(b) of the Environmental Protection Act
(Act) (415 ILCS 5/9(a), 9(b), (1998)), and the Board’s Clean Air Act Permit Program
(CAAPP) regulations found at 35 Ill. Adm. Code 201.141, 201.142, and 201.143, and
Operating Permit No. 90060034. These violations include failing to obtain a construction
permit, operating a new emission source without a permit, causing or allowing air pollution,
and violating the conditions of Operating Permit No. 90060034. The People are no longer
pursuing the remaining allegations in the complaint concerning rules for a source’s Major
Modification and New Source Review.
While this case was pending, the People report that the Illinois Environmental Protection
Agency (Agency) informed the respondent that it had failed to submit an Emission Reduction
Marketing System (ERMS) application for its two facilities and therefore violated 35 Ill. Adm.
Code 201.310. The Agency also informed respondent that it had failed to timely submit annual
emission reports (AER) for 1997 and therefore violated 35 Ill. Adm. Code 201.302 and
254.202. Respondent has subsequently submitted the required ERMS application and the AERs
to the Agency.
Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), the Board caused
publication of the required newspaper notice of the stipulation and proposal for settlement and
request for relief from the hearing requirement. The notice appeared in the
Chicago Sun-Times
on June 8, 2000. The Board did not receive any requests for hearing. Accordingly, the Board
grants a waiver from the hearing requirement.
The stipulation and proposal for settlement sets forth the facts relating to the nature,
operations, and circumstances surrounding the remaining CAAPP violations alleged in the
complaint. As for the additional violations concerning the ERMS application and the AERs for
2
1997, the Board construes the complaint to be amended pursuant to the stipulation presented by
the parties. See 35 Ill. Adm. Code 103.210(a), allowing for amendments of pleadings to
conform to proof where no undue surprise results. Respondent neither admits nor denies the
violations alleged in most of the complaint, but does admit that it failed to submit the ERMS
application and the AERs for 1997. Respondent agrees to pay a civil penalty of $8,000, and
the People agree to release respondent from any further liabilities or penalties for the violation
of the Act and the Board regulations set forth in the original complaint as amended in the
stipulation to include untimely submission of the ERMS application and the AERs for 1997.
Respondent must continue to comply with any federal, State, or local regulations including, but
not limited to, the Act and the Board’s 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 Meyer Steel Drum, an Illinois corporation,
regarding its facilities located at 3201 South Millard and 2000 South Kilbourn,
Chicago, Cook County, Illinois. The stipulation and settlement agreement is
incorporated by reference as though fully set forth herein.
2.
Respondent shall pay the sum of $8,000 within 30 days of the date of this order.
Such payment shall be made by certified check or money order payable to the
Illinois Environmental Protection Agency, designated to the Environmental
Protection Trust Fund. The case number, case name, and the respondent’s
federal employer identification number 36-2885374 shall also be included on the
certified check or money order and should clearly indicate that payment is
directed to the Environmental Protection Trust Fund.
3.
The certified check or money order shall be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
3
A copy of the payment transmittal and check shall be simultaneously
submitted to:
Kelly Cartwright
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago, Illinois 60601
4.
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
(1998)
), 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.
5.
Respondent shall cease and desist future alleged violations of any federal, State,
or local statutes and regulations.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172
Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 13th day of July 2000 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
