ILLINOIS POLLUTION CONTROL BOARD
    November 6, 1997
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    FIELD CONTAINER COMPANY, LTD., a
    Delaware Limited Partnership, and FIELD
    CONTAINER MANAGEMENT
    CORPORATION, a Delaware corporation,
    Respondents.
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    PCB 96-263
    (Enforcement - Air)
    OPINION AND ORDER OF THE BOARD (by M. McFawn):
    This matter comes before the Board upon a three-count complaint filed on June 26,
    1996, by the Attorney General of the State of Illinois, on behalf of the People of the State of
    Illinois, against Field Container Company, Ltd., a Delaware limited partnership, and Field
    Container Management Corporation, a Delaware corporation (respondents) located at 1500
    Nicholas Boulevard, Elk Grove Village, Cook County, Illinois. The
    complaint alleges that
    respondents
    violated Sections 9(a) and 9(b) of the Illinois Environmental Protection Act
    (Act)
    (415 ILCS 5/
    9(a), 9(b) (1996)
    ) and 35 Ill. Adm. Code 201.142, 201.143, and 201.144 by
    constructing and operating a new emission source without a permit and operating an existing
    emission source without a permit.
    On September 8, 1997, the parties filed a stipulation, settlement agreement, and a joint
    motion requesting relief from the requirement of Section 31(c)(2) that proposed stipulation and
    settlement agreements be presented at hearing. 415 ILCS 5/31(c)(2) (1996). The Board
    published a notice of the waiver on September 25, 1997. The Board did not receive any
    objections to the granting of the waiver. Accordingly, the Board grants a waiver from the
    hearing requirement.
    The stipulation sets forth facts relating to the nature, operations, and circumstances
    surrounding the claimed violations. Respondents neither admit nor deny the alleged violations,
    and agree to pay a total civil penalty of $35,000 and to perform a supplemental environmental
    project.
    The Board finds the settlement agreement acceptable under 35 Ill. Adm. Code 103.180.
    This settlement agreement in no way affects respondents’ responsibility to comply with any
    federal, state or local regulations, including but not limited to the Act and the Board’s
    pollution control regulations.
    2
    This opinion constitutes the Board’s finding of fact and conclusions of law in this
    matter.
    ORDER
    1) The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Field Container Company, Ltd., a
    Delaware Limited Partnership, and Field Container Management Corporation, a
    Delaware corporation (respondents) located at 1500 Nicholas Boulevard, Elk
    Grove Village, Cook County, Illinois. The stipulation and settlement agreement
    are incorporated by reference as though fully set forth herein.
    2)
    Respondent shall pay the sum of $35,000 within 30 days of the date of this
    order. Such payment shall be made by certified check or money order payable
    to the Treasurer of the State of Illinois, designated to the Illinois Environmental
    Protection Trust Fund, and shall be sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    Springfield, IL 62702
    The certified check or money order shall clearly indicate on its face
    respondents’ federal employer identification number, 36-3822204, and that
    payment is directed to the Environmental Protection Trust Fund.
    Any portion of such penalty not paid within the time prescribed shall incur
    interest at the rate set forth in subsection (a) of Section 1003 of the Illinois
    Income Tax Act (35 ILCS 5/1003(a) (1996)), as now or hereafter amended,
    from the date payment is due until the date payment is received. Interest shall
    not accrue during the pendency of an appeal during which payment of the
    penalty has been stayed.
    3) Within one hundred and eighty days (180) of the approval of this order,
    respondents shall implement a pollution prevention opportunity assessment at its
    facility for the purpose of identifying pollution prevention opportunities for
    waste minimization, reduction or elimination. Respondents shall perform the
    prevention opportunity assessment in accordance with the scope of work
    outlined in attachment A of the incorporated stipulation and settlement
    agreement.
    4)
    Respondent shall cease and desist from the alleged violations.
    IT IS SO ORDERED.
    3
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) 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 145 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 6th day of November 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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