ILLINOIS POLLUTION CONTROL BOARD
    October 21, 1999
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    PPG INDUSTRIES, INC.,
    Respondent.
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    PCB 00-46
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by M. McFawn):
    On September 17, 1999, complainant filed a stipulation and proposal for settlement, accompanied by an
    agreed motion requesting relief from the hearing requirement imposed by Section 31(c)(1) of the Environmental
    Protection Act (Act) (415 ILCS 5/31(c)(1) (1998)). Public notice of the proposed settlement was published in the
    Decatur
    Herald & Review
    on September 22, 1999, and in the
    Antioch Review, Grayslake Review, Gurnee
    Review,
    and
    Review of Lindenhurst/Lake Villa
    on September 23, 1999.
    1
    In accordance with Section 31(c)(2) of the
    Act, any person may file a written demand for hearing within 21 days after publication of the notice. The Board
    received no written demand for a hearing. The Board therefore may, and will, grant the agreed motion for relief
    from the hearing requirement.
    The three-count complaint filed in this case alleges that respondent PPG Industries, Inc. (PPG) (1) violated
    Section 9(a) of the Act (415 ILCS 5/9(a) (1998)) and 35 Ill. Adm. Code 201.141 by causing, threatening or allowing
    emission of NO
    x
    and SO
    2
    so as to cause or tend to cause air pollution (count I), (2) violated Section 165 of the Clean
    Air Act, 42 U.S.C.
    §
    165
    et seq.
    (1990), 40 C.F.R. 52.21(j), and Sections 9(b) and 9.1(d)(1) and (2) of the Act (415 ILCS
    5/9(b), 9.1(d)(1), 9.1(d)(2) (1998)) by emitting NO
    x
    and SO
    2
    in excess of permit limits (count II), and (3) violated a
    prior Board order directing PPG to cease and desist from statutory and regulatory violations (count III). Under the
    proposed settlement, PPG neither admits nor denies the allegations in the complaint, but agrees to pay a civil
    penalty of $15,000.
    The stipulation submitted by the parties sets forth facts relating to PPG’s operations, the alleged
    violations, and the factors considered by the Board under Sections 33(c) and 42(h) of the Act, 415 ILCS 5/33(c), 42(h)
    (1998) in crafting final orders and determining monetary penalties. Based on the facts set forth in the stipulation,
    the Board concludes that the proposed settlement is reasonable. The Board will accept the proposal for settlement.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this matter.
    ORDER
    1.
    The hearing requirement of Section 31(c)(1) of the Act is waived in this case.
    2.
    The Board accepts the “Stipulation and Proposal for Settlement” executed by the People of the
    State of Illinois and PPG concerning PPG’s facilities located in Mt. Zion, Macon County, Illinois,
    and Gurnee, Lake County, Illinois. The “Stipulation and Proposal for Settlement” is incorporated
    1
    This enforcement action involved two facilities, one located in Macon County and one located in Lake County.
    Notice was published in both counties.
    2
    by reference as though fully set forth herein. Although not every term of the settlement is set
    forth in this order, all terms of the settlement are incorporated into this order.
    3.
    PPG must pay $15,000 within 30 days of the date of this order. Such payment must be made by
    certified check or money order payable to the Treasurer of the State of Illinois, designated to the
    Environmental Protection Trust Fund. The name and number of this case and PPG’s federal
    employer identification number must appear on the check.
    4.
    The certified check or money order must be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Section
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the check must be sent to:
    Donna Lutes
    Illinois Attorney General’s Office
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    5.
    Any penalty not paid within the time prescribed will incur interest at the maximum rate
    allowable under Section 1003(a) of the Illinois Income Tax Act, 35 ILCS 5/1003(a) (1998), as now
    or hereafter amended, from the date payment is due until the date payment is received. Interest
    will not accrue during the pendency of an appeal during which payment of the penalty has been
    stayed.
    6.
    PPG must comply with the corrective action and preventive maintenance program outlined in
    PPG’s letter to the Illinois Environmental Protection Agency dated September 25, 1998, and
    amended in PPG’s letter to the Illinois Environmental Protection Agency dated November 30,
    1998.
    7.
    PPG must cease and desist from future violations of any environmental statutes or 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 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 21st day of October 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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