ILLINOIS POLLUTION CONTROL BOARD
    February 18, 1999
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    HINZ LITHOGRAPHING COMPANY
    an Illinois corporation,
    Respondent.
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    PCB 99-100
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On
    January 8, 1999
    , the parties filed a complaint accompanied by a stipulation and
    proposal for settlement. The Board accepts the stipulation and proposal for settlement filed by
    the parties in this matter. The complaint alleged that the respondent violated Sections 9(a) and
    9(b) of the Environmental Protection Act (Act) (415 ILCS 5/9(a), 9(b) (1996)) and 35 Ill.
    Adm. Code 201.143, 218.411(a)(1), and 201.302(a), by operating a new emission source and
    air pollution control equipment without a permit, failing to submit required certification, and
    failing to timely submit annual emission reports.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1996)), 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 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. The respondent
    admits the alleged violations and agrees to pay a civil penalty of $5,000. Respondent 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 of the State of Illinois and
    Hinz
    Lithographing Company, an
    Illinois
    corporation
    ,
    ,
    located at 1750 West Central Road, Mount Prospect, Cook
    County, Illinois. The stipulation and settlement agreement is incorporated by
    reference as though fully set forth herein.
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    2.
    The respondent shall pay the total sum of $5,000. Payment shall be made
    pursuant to the following schedule:
    a.
    $3,000 within 30 days from the date of this final Board order
    approving the parties’ stipulation and proposal for settlement.
    The $3,000 shall be paid in two checks or money orders. One
    shall be in the amount of $300 and shall be designated for
    payment into the Environmental Protection Permit and Inspection
    Fund. The second check or money order shall be in the amount
    of $2,700 and designated to the Environmental Protection Trust
    Fund; and
    b. Ninety days after the entry of this final order, respondent shall
    pay a second $1,000. The final installment payment of 1,000
    shall be due 120 days after the due date of this order. Both
    certified checks or money orders shall be made payable to the
    Treasurer of the State of Illinois, designated to the Environmental
    Protection Trust Fund. The case number, case name, and the
    respondent’s federal employer identification number 36-4002725
    shall also be included on the checks (or money orders).
    3.
    The checks (or money orders) 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
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Ms. Johnna J. Potthoff
    Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    100 West Randolph Street, 11th Floor
    Chicago, Illinois 60601
    4. If a payment is received by the Illinois Environmental Protection Agency more
    than five days after the payment schedule contained herein, all remaining
    payments shall be accelerated and shall be immediately due and owing from
    respondent as of the date of the late or missed payment.
     
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    5. 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), 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. For the
    purpose of collection, respondent may be reached at the following address:
    Mr. Lloyd Shin
    President
    Hinz Lithographing Company
    1750 West Central Road
    Mount Prospect, Illinois 60056
    6.
    Respondent shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) 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 establish such filing requirements. See
    172 Ill. 2d R. 335; see also 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 18th day of February 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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