ILLINOIS POLLUTION CONTROL BOARD
    November 21, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    KIEHL ENGINEERING COMPANY, INC.
    d/b/a THOMAS FOSTER GROUP, INC. and
    UNITED PLASTICS GROUP, INC.,
     
    Respondents.
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    PCB 01-29
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by W.A. Marovitz):
     
    On August 10, 2000, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Kiehl Engineering Company, Inc. d/b/a
    Thomas Foster Group, Inc and United Plastics Group, Inc. (respondents).
    See
    415 ILCS
    5/31(c)(1) (2000)
    amended by
    P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm. Code 103.204. The
    People allege that respondents violated Sections 9(a), (b), 9.1 and 39.5(6)(b) of the
    Environmental Protection Act (Act) (415 ILCS 5/9(a),(b), 9.1, and 39.5(6)(b) (2000)
    amended by
     
    P.A. 92-0574, eff. June 26, 2002); and 35 Ill. Adm. Code 201.141, 201.142, 201.143, 201.144,
    201.302(a), 205.310, 254.201, 254.202, 270.201 and 270.301(a) of the Board’s regulations. The
    People further allege that respondents violated these provisions by emitting excess volatile
    organic material (VOM), constructing and operating an emission source without a permit, failing
    to timely submit a clean air act permit program (CAAPP) application, failing to timely submit an
    emissions reduction market system (ERMS) application, failing to submit annual emission
    reports, and violating Illinois new source review. The complaint concerns respondents’ plastic
    parts manufacturing facility at 529 Thomas Drive, Bensenville, DuPage County.
     
    On November 13, 2002, the People and respondents 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)
    amended by
    P.A. 92-0574, eff. June 26, 2002). This
    filing is authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2000)
    amended by
    P.A.
    92-0574, eff. June 26, 2002).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation,
    respondents neither admit nor deny the alleged violations and agree to pay a civil penalty of
    $175,000.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2000)
    amended by
    P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm.
    Code 103.300(b), (c). The Board directs the Clerk of the Board to provide the required notice.
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 21, 2002, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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