ILLINOIS POLLUTION CONTROL BOARD
    March 6, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    NATIONAL CONTAINER SERVICES, an
    Illinois corporation,
     
    Respondent.
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    PCB 03-100
    (Enforcement - Air)
          
     
    OPINION AND 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 (National
    Container).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The People allege
    that National Container violated Section 9(b), 39.5(6)(b), and 39.5(5)(x) of the Environmental
    Protection Act (Act) (415 ILCS 9(b), 39.5(6)(b), and 39.5(5)(x) (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 3620 West 38th Street in Chicago, Cook County.
     
    On January 13, 2003, the People and National Container concurrently 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). The Board
    provided notice of the stipulation, proposed settlement, and request for relief. The newspaper
    notice was published in the
    Chicago Sun-Times
    on January 24, 2003. 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) (2002); 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
    National Container’s operations. Section 103.302 also requires that the parties stipulate to facts
    called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2002)). The People and National
    Container have satisfied Section 103.302. National Container does not admit the alleged
    violations but agrees to pay a civil penalty of $40,000. The Board accepts the stipulation and
    proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
      
    2
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. National Container must pay a civil penalty of $40,000 no later than March 22,
    2003, which is the 30th day after the date of this order. National Container must
    pay the civil penalty by certified check or money order, payable to Environmental
    Protection Trusts Fund. The case number, case name, and National Container’s
    social security number or federal employer identification number must be
    included on the certified check or money order.
     
    3. National Container 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 62794-9276
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    5. National Container 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) (2002);
    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on March 6, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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