ILLINOIS POLLUTION CONTROL BOARD
    October 19, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    BARRON INDUSTRIES, INC., an Illinois corporation,
    Respondent.
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    PCB 00-203
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by S.T. Lawton, Jr.):
    On May 26, 2000, the People of the State of Illinois (People) filed a seven-count complaint against
    respondent Barron Industries, Inc. (Barron), a finisher of metal products. The complaint alleges that Barron failed to
    comply with volatile organic material and hazardous air pollutant emissions limitations, constructed emission
    sources without a permit, operated emission sources without a permit, failed to comply with batch vapor and in-line
    cleaning machine standards, failed to comply with monitoring procedures, failed to comply with record keeping
    requirements, and failed to comply with reporting requirements at its facility located at 129 Morgan Street, Rockford,
    Winnebago County, Illinois. These activities were in alleged violation of Section 9(b), 9.1(d) and (d)(2) of the
    Environmental Protection Act (Act) (415 ILCS 5/9(b), 5/9.1(d)(1), (d)(2) (1998)); Sections 201.142 and 201.143 of the
    Board’s air pollution regulations (35 Ill. Adm. Code 201.142, 201.143); Sections 63.343(e)(1), (e)(2), and (e)(4),
    63.466(a)(1), (a)(2), (b)(2) and (c)(1), (d), 63.467(b)(1) and 63.468(f) of the National Emission Standards for
    Hazardous Air Pollutants (40 C.F.R. § 63.343(d)(1), (e)(2), (e)(4), 63.466(a)(1), (a)(2), (b)(2), (c)(1), (d), 63.467(b)(1),
    63.468(f)); and special conditions 1a and 8 of Barron’s Federally Enforceable State Operating Permit (FESOP).
    On September 18, 2000, the parties filed a joint stipulation and proposal for settlement,
    accompanied by
    a motion requesting relief from the hearing requirement of Section 31(c)(1) of the Act (415 ILCS
    5/31(c)(1) (1998)).
    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 Rockford Register Star
    on September 23, 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 allegations in the complaint. Barron admits the violations alleged in count I, IV, V,
    VI, and VII. Barron denies the violations as alleged in counts II and III, constructing and operating an emission
    source without a permit. Barron agrees to pay a civil penalty of $20,000.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this matter. Barron
    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 and
    Barron. The stipulation and settlement agreement is incorporated by reference as though fully set
    forth herein.
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    2.
    Barron must pay the sum of $20,000. Payment must be made within 30 days of the date of this
    order, that is, on or before November 19, 2000. Such payment must 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 Barron’s federal
    identification number 36-3050995 must also be included on the certified check or money order and
    must clearly indicate that payment is directed to the Environmental Protection Trust Fund.
    3.
    The check or money order must 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
    A copy of the payment transmittal and check must be simultaneously submitted to:
    Kelly Cartwright
    Assistant Attorney General
    Environmental Bureau
    Illinois Attorney General’s Office
    188 W. Randolph St., 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 must 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 19th day of October 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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