ILLINOIS POLLUTION CONTROL BOARD
October 16, 2003
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ACTION ATHLETIC, INC., an Illinois
corporation,
Respondent.
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PCB 02-213
(Enforcement - Air)
ORDER OF THE BOARD (by N.J. Melas):
On May 31, 2003, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Action Athletic, Inc. (Action Athletic).
See
415
ILCS 5/31(c)(1) (2002),
amended by
P.A. 93-152, eff. July 10, 2003; 35 Ill. Adm. Code 103.204.
The People allege that Action Athletic violated Sections 9(a), 9(b), 9.8(b), and 39.5(b)(6) of the
Environmental Protection Act (Act). 415 ILCS 5/9(a), 9(b), 9.8(b), and 39.5(b)(6) (2002). The
People further allege that Action Athletic violated these provisions by emitting volatile organic
material (VOM) from its facility into the environment during the process of manufacturing
wrestling pads. The complaint concerns Action Athletic’s sports equipment manufacturing
facility located at 3144 21st St. in Zion, Lake County.
On October 3, 2003, the People and Action Athletic 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)
amended by
P.A. 93-152, eff. July 10, 2003). This filing
is authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2002),
amended by
P.A. 93-
152, eff. July 10, 2003).
See
nder the proposed stipulation, the
Action Athletic neither admits nor denies the alleged violations and agrees to pay a civil penalty
of $28,000.
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),
amended by
P.A. 93-152, eff. July 10, 2003; 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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on October 16, 2003, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board