ILLINOIS POLLUTION CONTROL BOARD
    April 17, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    FIC AMERICA CORPORATION, an Illinois
    corporation,
     
    Respondent.
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    PCB 02-71
    (Enforcement - Water)
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On December 20, 1999, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against FIC America Corporation (FIC).
    See
    415
    ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The People allege violations of the
    Board’s Water Regulations and Sections 12(a), (b), (c), and (h) of the Environmental Protection
    Act (Act). 35 Ill. Adm. Code 309.202(a) and 307.4301(b)(1) and (2); 415 ILCS 5/12(a), (b), (c),
    and (h) (2002). The People further allege that FIC violated these provisions by causing water
    pollution, illegally discharging into sewer works, and beginning construction of a new
    wastewater pretreatment system without a permit. The complaint concerns FIC’s metal finishing
    facility located at 485 East Lies Road, Carol Stream, DuPage County.
     
    On December 18, 2002, the People and FIC 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
    Liberty Suburban Chicago Newspapers
    on January 23, 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
    respondent’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 respondents have
    satisfied Section 103.302. FIC admits the violations and agrees to pay a civil penalty of $25,000.
    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. FIC admits the violations alleged by the People and agrees to pay a civil penalty
    of $25,000.
     
    3. FIC must pay the civil penalty of $25,000 no later than May 17, 2003, which is
    the 30th day after the date of this order, by certified check or money order,
    payable to the Environmental Protection Trust Fund. The case number, case
    name, and respondents’ social security number or federal employer identification
    number (36-3991443) must be included on the certified check or money order.
     
    4. FIC 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
     
      
    A copy of the check shall be sent to:
     
    Kendra Pohn
    Assistant Attorney General
    Environmental Bureau
    188 West Randolph Street, 20th Floor
    Chicago, Illinois 60601
     
    5. For the purposes of collection and notices, FIC may be reached at the following
    address:
     
    Kathleen Nooney
    Piper Rudnick
    203 North LaSalle
    Chicago, IL 60601
     
    With a copy to:
     
    FIC America Corporation
    Attn: Mr. William Murakami
    485 East Lies Road
    Carol Stream, IL 60188
     
     
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    6. 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)).
     
    7. FIC must cease and desist from future violations of the Act, 415 ILCS 5/1 et seq.
    (2002), and Board regulations at the site.
     
    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 April 17, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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