ILLINOIS POLLUTION CONTROL BOARD
    November 16, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    RODGERS ENGINEERING
    CORPORATION,
    Respondent.
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    PCB 00-86
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by M. McFawn):
    On November 15, 1999, the People of the State of Illinois (People) filed a three-count
    complaint against respondent Rodgers Engineering Corporation (Rodgers Engineering), a
    manufacturer of thermostat polystyrene bulk molding compounds. The complaint alleges
    Rodgers Engineering failed to timely submit Clean Air Act permit applications, failed to
    submit annual emission reports, and constructed and operated new emission sources and new
    air pollution control equipment without a permit at its materials division facility in Elburn,
    Kane County, Illinois, and its two molding division facilities in Addison, Dupage County,
    Illinois. These activities were in alleged violation of Sections 9(a), 9(b), and 39.5(6)(b) of the
    Environmental Protection Act (Act) (415 ILCS 5/9(a), 9(b), 39.5(6)(b) (1998)), Section
    270.201 of the Illinois Environmental Protection Agency’s rules at 35 Ill. Adm. Code
    270.201(c), and the Board’s air pollution regulations at 35 Ill. Adm. Code 201.142, 201.143,
    201.302(a), 254.301(a), and 254.302.
    On October 17, 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
    Kane County Chronicle
    and the
    Addison Press
    on October 20,
    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. Respondent admits
    to the violations alleged by the People and agrees to pay a civil penalty of $20,000.
    2
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. Rodgers Engineering 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 Rodgers Engineering. The stipulation and settlement agreement
    is incorporated by reference as though fully set forth herein.
    2. Rodgers Engineering must pay the sum of $20,000. The penalty must be paid in
    two installments. The first payment, in the amount of $12,250, must be made
    within 30 days of this order, that is, on or before December 16, 2000. The first
    payment must be paid by certified check or money order and made payable to
    the Illinois Environmental Protection Agency, for deposit into the
    “Environmental Protection Trust Fund.” The second payment, in the amount of
    $7,750, must be made within 60 days of this order, that is, on or before January
    16, 2001. The second payment must be made by certified check or money order
    payable to the Illinois Environmental Protection Agency, for deposit into the
    “Clean Air Act Permit Fund.” The case number, case name, and Rodgers
    Engineering Federal Employer Identification Number 36-271-7046 must also be
    included on the certified check or money order.
    3. Each 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:
    Zemeheret Bereket-Ab
    Assistant Attorney General
    Environmental Bureau
    Illinois Attorney General’s Office
    188 W. Randolph St., 20th Floor
    Chicago, Illinois 60601
    3
    4. Any penalty not paid within the time prescribed incurs 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 does not accrue during the pendency
    of an appeal during which payment of the penalty has been stayed.
    5. Rodgers Engineering 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 16th day of November 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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