ILLINOIS POLLUTION CONTROL BOARD
    January 23, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    NATIONAL CONTAINER SERVICES
    CORPORATION, an Illinois corporation,
     
    Respondent.
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    PCB 03-100
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On January 13, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against National Container Services Corporation
    (National Container).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People
    allege that National Container violated Sections 9(b), 39.5(6)(b), and 39.5(5)(x) of the
    Environmental Protection Act (Act) (415 ILCS 5/1
    et
     
    seq
    . (2002)). The People further allege
    that National Container violated these provisions by exceeding the combined and single
    hazardous air pollutants annual emission limits of its operating permit. In addition, the People
    allege that National Container failed to timely submit a Clean Air Act Permit Program permit
    application. The complaint concerns National Container’s plastic drum and container
    reconditioning facility at 3620 West 38th Street, Chicago, Cook County.
     
    Also on January 13, 2003, the People and National Container 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) (2002)). This filing is authorized by Section 31(c)(2)
    of the Act (415 ILCS 5/31(c)(2) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, the National Container does not admit the alleged violation but agrees to pay a civil
    penalty of $40,000.
     
    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) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
     
     
     
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 23, 2003, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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