ILLINOIS POLLUTION CONTROL BOARD
    July 11, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    WAGNER CASTINGS COMPANY, INC., a
    Delaware corporation,
     
    Respondent.
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    PCB 01-161
    (Enforcement – Air)
          
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On May 29, 2001, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a five-count complaint against Wagner Castings Company, Inc.
    (Wagner).
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The People allege
    that Wagner violated Sections 9, 9.1, and 21(e) of the Environmental Protection Act (415
    ILCS 5/9, 9.1, 21(e) (2000)) and the Board’s air pollution and solid waste regulations. The
    People further allege that Wagner violated these provisions by causing or allowing the
    improper disposal of waste, causing or allowing construction of new emissions sources without
    a permit, causing or allowing violations of prevention of significant deterioration requirements,
    failing to file annual emissions reports, and operating new emissions sources without a permit.
    The complaint concerns Wagner’s facility located at 1275 Sangamon Street, Decatur, Macon
    County.
     
    On May 24, 2002, the People and Wagner filed a stipulation and proposed settlement,
    accompanied by a request for relief from the hearing requirement of Section 31(c)(1) of the
    Act (415 ILCS 5/31(c)(1) (2000)). This filing is authorized by Section 31(c)(2) of the Act (415
    ILCS 5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code 103.300(a). The Board provided notice of
    the stipulation, proposed settlement, and request for relief. The newspaper notice was
    published in the
    Herald & Review
    on May 27, 2002. The Board did not receive any requests
    for hearing. The Board grants the parties’ request for relief from the hearing requirement.
    See
    415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b).
     
    Section 103.302 of the Board’s procedural rules sets forth the required contents of
    stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements
    include stipulating to facts on the nature, extent, and causes of the alleged violations and the
    nature of Wagner’s operations. Section 103.302 also requires that the parties stipulate to facts
    called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2000)). The People and Wagner
    have satisfied Section 103.302. Wagner does not affirmatively admit the alleged violations,
     
      
     
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    but agrees to pay a civil penalty of $115,000. The Board accepts the stipulation and proposed
    settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2.
    Wagner Castings Company, Inc. (Wagner) must pay a civil penalty of $115,000
    no later than August 5, 2002, which is the 30th day after the date of this order.
    Wagner must pay the civil penalty by certified check or money order, payable to
    the Environmental Protection Trust Fund. The case number, case name, and
    Wagner’s social security number or federal employer identification number must
    be included on the certified check or money order.
     
    3.
    Wagner must send the certified check or money order to:
     
    Illinois
    Environmental
    Protection
    Agency
    Fiscal
    Services
    Division
    1021
    North
    Grand Avenue East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
     
    4.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    5.
    Wagner must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906,
    102.706. Illinois Supreme Court Rule 335 establishes filing requirements that apply when the
    Illinois Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335.
    The Board’s procedural rules provide that motions for the Board to reconsider or modify its
    final orders may be filed with the Board within 35 days after the order is received. 35 Ill.
    Adm. Code 101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
     
      
     
     
      
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above opinion and order on July 11, 2002, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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