ILLINOIS POLLUTION CONTROL BOARD
    December 4, 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)
     
    OPINION AND 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 Street 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)). 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 from hearing. The Board published
    newspaper notice in the
    News-Sun
    on October 31, 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
    Action Athletic’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 Action
    Athletic have satisfied Section 103.302. Under the proposed stipulation, the Action Athletic
    neither admits nor denies the alleged violations and agrees to pay a civil penalty of $28,000. 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. Action Athletic, Inc. (Action Athletic) must pay a civil penalty of $28,000 no later
    than January 3, 2004, which is the 30th day after the date of this order. Action
    Athletic must pay the civil penalty by certified check or money order, payable to
    the “Illinois Environmental Protection Agency” and designated to the
    Environmental Protection Trust Fund. The case number, case name, and Action
    Athletic’s social security number or federal employer identification number must
    be included on the certified check or money order.
     
    3. Action Athletic 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
     
    Action Athletic must send a copy of the check or money order to:
     
    Joel Sternstein
    Assistant Attorney General
    Environmental Bureau
    188 West Randolph Street, 20th Floor
    Chicago, Illinois 60601
     
    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. Action Athletic 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.
     
    3
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on December 4, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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