ILLINOIS POLLUTION CONTROL BOARD
    November 2, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    LOUIS BERKMAN COMPANY, an Iowa
    corporation,
    Respondent.
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    PCB 97-101
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
    On December 11, 1996, the People of the State of Illinois (People) filed a four-count
    complaint against respondent Louis Berkman Company (Berkman) regarding the spray paint
    booth at its Swenson Spreader facility at 127 East Walnut Street, Lindenwood, Ogle County,
    Illinois. The complaint alleges that Berkman failed to comply with volatile organic material
    emission limitations, caused air pollution, failed to obtain required permits, and failed to timely
    submit annual emission reports, in violation of Sections 9(a) and 9(b) of the Environmental
    Protection Act (Act) (415 ILCS 5/9(a), 9(b) (1998)) and Sections 201.141, 201.143, 201.302, and
    215.204(j) of the Board’s air pollution regulations (35 Ill. Adm. Code 201.141, 201.143,
    201.302, 215.204(j)).
    On September 29, 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 Rochelle-News Leader
    on October 5, 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. Berkman admits to
    past violations alleged by the People and agrees to pay a civil penalty of $50,000.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. Berkman 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
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    1. The Board hereby accepts the stipulation and settlement agreement executed by
    the People and Berkman. The stipulation and settlement agreement is
    incorporated by reference as though fully set forth herein.
    2. Berkman shall pay the sum of $50,000 within 30 days of the date of this order,
    that is, on or before December 2, 2000. 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 Berkman’s federal employer identification number 34-0095910 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 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
    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.
     
    Berkman shall cease and desist future alleged violations of any federal, state, or
    local statutes and regulations.
    6.
     
    The parties agree that the powder coating system constructed and operated
    pursuant to Illinois Environmental Protection Agency Construction Permit No.
    98050031 is an environmentally beneficial project that is not required by federal,
    State or local environmental standards.
    7.
     
    Berkman further certifies that it has not received, and will not in the future
    receive, credit as a Supplemental Environment Project or other penalty offset in
    any other enforcement action for such projects or credit for any emissions
    reductions resulting from such projects in any federal, state or local emissions
    trading or early reduction program.
    8.
     
    In the event that Berkman publicizes the projects or the results of the projects in
    connection with any advertisement of its business activities or makes any
    statement concerning the projects, Berkman must include the following statement:
    “This project was undertaken in connection with settlement of an action taken by
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    the State of Illinois under the under the State’s environmental laws and the
    Pollution Control Board’s air pollution 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 2nd day of November 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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