ILLINOIS POLLUTION CO~TROL 3O~RD

December 3, 1987

ILLINOIS ENVIRON~4ENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 86—25

BATES GRAPHIC INDUSTRIES, a

Delaware coroot ation, doing

business in Illinois,       

)

Respondent.

MS. ~kRL D~VI3, ASSISTNT ~XTTORNEY GENERAL, APPEARED ON BEHALF

OF COMPLAINANT.

MS. PAULA F. McKAY, OF GRIFFIN AND FADDEN, APPEARED ON BEHALF OF

RESPONDENT.

OPINION ND ORDER OF T:-IE BOARD (by R. C. Flemal):

This matter comes before the Board upon a two—part complaint

filed on February 25, 1986, by the Illinois Attorney General’s

Office on behalf of the Illinois Environmental Protection Agency

(“Agency”). Count I alleges operation of certain orinting

equipment without Agency permits. Count II alleges failure to

obtain an Agency oermit for New Emission Sources.

Hearing was held on September 15, 1987. Both parties were

represented by counsel, and no members of the public attended or

participated.

At hearing the parties introduced a Stipulation and Prooosal

for Settlement. That Stipulation is attached and addresses the

facts in this matter. In sum, Respondent admits to violation of

Section 9(b) of the Environmental Protection Act (Ill. Rev. Stat.

ch. 1111/2 pa~

1009(b)) an~to violation of 35 Ill. Adm. Code

201.144, and agrees to pay a penalty of two thousand dollars

($2,000). The Sttoulation elucidates the pertinent facts.

The Board has considered all the facts, circumstances, and

the proposed settlement in light of the c~iteria set forth at

111. Rev. Stat. ch. 1111/2 par. 1003(c) and finds the Stipulation

ard Proposal fo~ Settlement acceotable under 35 Ill. Adm. Code

103.180. Accordingly, the Board orders Respondent to comply with

the order set fotth below.

84—07

—2—

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

It is the Order of the Illinois Pollution Control Board that:

1.  Respondent has violated Section 9(b) of the

Environmental Protection Act and 35 Ill. Adm. Code

201.144.

2.  Respondent shall comply with all the terms and

conditions of the Stipulation and Proposal for

Settlement filed with the Board on October 29, 1987,

which is attached and incorporated by reference as if

fully set forth herein.

3.  Respondent shall, by certified check or money order,

payable to the State of Illinois and designated for

deposit into the Environmental Protection Trust Fund,

pay the sum of two thousand dollars ($2,000). The sum

shall be paid within 30 days of the date of tnis

Order. Payment shall be mailed to:

Fiscal Services Division

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois 62706

IT IS SO ORDERED.

Board Member J. Theodore Meyer dissented.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Opinion and Order was

adopted on the 

~“~-

day of 

4t-t.~ 

1987 by a vote

of

~—/

Dorothy M. i~unn, Clerk

Illinois Pollution Control Board

84—08

STATE OF ILLINOIS 

)

COUNTY OF 

COOK  

)

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, 

)

Complainant,

—vs—              

)

PCB 86—25

BATES GRAPHIC INDUSTRIES,

)

Respondent.     

)

STIPULATION 

AND

PROPOSAL FOR SETTLEMENT

Now comes Complainant, Illinois Environmental Protec-

tion Agency, by its Attorney, Neil F. Hartigan, Attorney General

of the State of Illinois, and Respondent, Bates Graphic Indus—

tries~ Inc., an Illinois corporation by its Attorney, Gene

LaPorte and do hereby submit this Stipulation and Proposal for

Settlement. The parties agree that the statement of contained

herein—represents a fair summary of the evidence and testimony

which would be introduced by the parties if a full hearing were

held. The parties further stipulate that this statement of facts

is made and agreed upon for purposes of settlement only and that

neither the fact that a party has entered into this Stipulation,

nor any of the facts stipulated herein, shall be introduced into

evidence in this or any other proceeding except to enforce the

terms hereof by the parties to this agreement. The agreement

shall be null and void unless the Illinois Pollution Control

Board (hereinafter “Board”) approves and disposes of this matter

on each and every one of the terms and conditiftr~Cf~~eDsettle_

ment set forth herein.          

ENFORC~MENTPPOGR)J~iS

321987

—1—

84—09   

Em4ronmental Pyot~J~Ag~~

STATEMENT OF FACTS

1. Complainant, Illinois Environmental Protection

Agency (hereinafter “Agency”), is an administrative agency es-

tablished in the executive branch of the State government by Sec-

tion 4 of the Illinois Environmental Protection Act (hereinafter

“the Act”), Ill.Rev.Stat., 1985, ch.l 111 1/2, par. 100. et 

~.,

and charged, inter alia, with the duty of enforcing the Act,

pursuant to Title VIII thereof and recovering civil penalties

pursuant to Title XII thereof.

2. ~espondent, Bates Graphic Industries, Inc.

(hereinafter ‘L~.a~e”),is an Illinois corporation which has at all

times pertinent hereto transacted business in the State of Ii-

linois. At all time pertinent to this action Bates has caused or

allowed the operation of a business located at 6029 West 31st

Street, Cicero, Cook County, Illinois.

3. Bates engages in the business of printing. It

operates a number and variety of printing presses and a small

coal—fired boiler at its facility.

4. Since at least June 18, 1984 caused or allowed the

operation of its business without an Agency permit, in 

violation

of Section 9(b) of the Act and 35 Ill. Adju. Code Section 201.144.

5. By letters of July 13,1984, and November 20, 1984,

Respondent was notified of the violations of Section 9(b) of the

—2—

84—10

Act and 35 Ill. Adm. Code Section 201.144, as well as the Agen-

cy’s intent to bring an enforcement action. Respondent was of-

fered an opportunity to meet with the Agency representatives in

order to resolve the conflicts which have resulted in the filing

of the complaint in this action, in accordance with the require-

ments of Section 31(d) of the Act.

6. Respondent did not attend the 31(d) meeting on De-

cember 3, 1984 but dispatched a letter to the Agency expressing

an intent to file the appropriate permit applications. The per-

mit applications was filed on October 7, 1985.

7. A complaint was filed on February 25, 1986 alleging

the permit violations.

8. The appropriate permit was issued on November 1,

1985 (copy attached as Exhibit A).

PROPOSAL FOR SETTLEMENT

As a result of the settlement discussions between the

parties and of actions taken or to be taken by Respondent, the

parties believe that the public interest will be best served by

resolution of this enforcement action under the terms and condi-

tions provided herein. This proposal for settlement is expressly

conditioned upon and effective only with the approval thereof in

all respects by the Board. All statements contained herein are

agreed to for purposes of settling this action only and shall be

null and void and of no effect in any further proceeding or cause

—3—

84—11

of action if the Board does not approve this proposal for settle-

ment in its entirety.

TERMS OF SETTLEMENT

Bates and the Agency have agreed to the following Terms

of Settlement. These terms shall be in full settlement of the

action filed herein by the Agency and Respondent’s liability for

all violations alleged in this Complaint.

1. The Agency contends and Respondent admits the facts

as set out in the Complaint constitute the following violations

of the Act and the Board Regulations:

Count I: Section 9(b) of the Act and 35

Ill. Adm. Code 201.144.

2. Respondent agrees that it will expeditiously cor-

rect any errors or emissions in its permit application pending

before the Agency.

3. Respondent agrees to abide by all terms and condi-

tions of all operating permits issued by the Agency.

4. Respondent agrees to cease and desist from any and

all violations of Illinois Environmental Protection Act and Rules

and Regulations of the Illinois Pollution Control Board.

5. The parties enter into this Stipulation and Pro-

posal for Settlement and Respondent agrees to pay a penalty

specified in this paragraph in order to avoid the substantial

costs, inconveniences, uncertainties of further litigation. In

order to resolve this dispute and as a condition of settlement,

—4—

84—12

Respondent agrees to pay a penalty of two thousand ($2,000.00)

dollars into the Environmental Protection Trust Fund. Within 30

days from the date on which the Pollution Control Board adopts a

final order approving, accepting and incorporating this Stipula-

tion and Proposal for Settlement. The Agency deems the payment

to be appropriate to aid in the enforcement of the Act under the

circumstances of this case. Factors bearing on this penalty

amount include Respondent’s lack of knowledge of the requirement

of a State operating permit as well as the length of time between

Respondent’s actual knowledge of the requirement and the submit-

tal of the permit application.

WHEREFORE, Complainant and Respondent jointly request

that the Board adopt and accept the foregoing Stipulation and

Proposal for Settlement as written.

For Complainant         

For Respondent

NEIL F. HARTIGAN

Attorney General

State of Illinois

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

________________________    

By:

Dated: 

V77?7r~

mj mstlb

—5—

84—13

BATES GRAPHIC INDUSTRIES, INC.

Eugene F. LaPorte

Attorney for Bates Graphic

Industries, Inc.