ILLINOIS POLLUTION CONTROL BOARD
    July 11, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    GULCO CORPORATION, a Delaware
    corporation a/k/a GUTMANN LEATHER
    COMPANY, INC.,
     
    Respondent.
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    PCB 99-192
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by R.C. Flemal):
     
    On June 30, 1999, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Gulco Corporation (Gulco).
    See
    415 ILCS
    5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The People allege that Gulco violated
    Sections 9(a), 9(b), 39.5(6)(b) of the Environmental Protection Act (Act) (415 ILCS 5/9(a),
    (b), 415 ILCS 5/39.5(6)(b)), 35 Ill. Adm. Code 201.141, 201.142, 201.143, 205.310(a), and
    218.926 of the Board’s air pollution regulations.
    1 The People further allege that Gulco
    violated these provisions by failing to obtain a construction and operating permit, causing air
    pollution, operating without a Clean Air Act Permit, and failing to submit a timely earned
    reduction management system application. The complaint concerns Gulco’s leather
    manufacturing facility at 1503-21 Webster Avenue, Chicago, Cook County.
     
    On June 11, 2002, the People and Gulco 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
    Chicago Sun-Times
    on June 13, 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 Gulco’s operations. Section 103.302 also requires that the parties stipulate to facts
    1 The Board notes that a violation of 35 Ill. Adm. Code 270.201(c) of the Illinois
    Environmental Protection Agency rules was also alleged.
     
      
     
    2
    called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2000)). The People and Gulco have
    satisfied Section 103.302. Gulco admits the violations regarding Sections 9(b) and 39.5(6)(b)
    of the Act, and 35 Ill. Adm. Code 201.142, 201.143, and 205.310(a) and agrees to pay a civil
    penalty of $15,000. 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.
    Gulco Corporation must pay a civil penalty of $15,000 no later than August 12,
    2002, which is the 30th day after the date of this order. Gulco Corporation
    must pay the civil penalty by certified check or money order, payable to the
    Environmental Protection Trust Fund. The case number, case name, and Gulco
    Corporation’s social security number or federal employer identification number
    must be included on the certified check or money order.
     
    3.
    Gulco Corporation 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
    62702-9276
     
    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.
    Gulco Corporation 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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