ILLINOIS POLLUTION CONTROL BOARD
    December 18, 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):
     
    Today’s order addresses an addendum to the stipulation and proposal for settlement
    (addendum) filed by the parties on December 16, 2003. The addendum moves the Board to
    amend the December 4, 2003 final opinion and order in this matter to better reflect the parties’
    stipulation and proposal for settlement (stipulation), filed October 3, 2003. The parties’
    stipulation provides that Action Athletic, Inc. (Action Athletic) must pay a total civil penalty of
    $28,000, payable to two different funds: $25,198.21 to the Environmental Protection Trust Fund
    and $2,801.79 payable to the Bureau of Air Permit Fund. The Board’s December 4, 2003
    opinion and order designates the entire amount to the Environmental Protection Trust Fund.
     
    Section 101.520 of the Board’s procedural rules provides that a motion for modification
    of a final Board order must be filed within 35 days after receipt of the order. 35 Ill. Adm. Code
    101.520. The Board finds the parties’ addendum and motion is timely filed. Accordingly, the
    Board amends the final opinion and order to reflect payment of the civil penalty as the parties
    request. Today’s order also provides that Action Athletic must pay the civil penalty and permit
    fees within 30 days of the date of this amended order.
     
    The order, as amended, is set forth in its entirety below. This amended opinion sets forth
    the Board’s findings of fact and conclusions of law.
     
    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 17, 2004, which is the 30th day after the date of this amended order.
    Action Athletic must pay $25,198.21 of 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
     
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    name, and Action Athletic’s federal employer identification number (36-2739226)
    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. Action Athletic must pay $2,801.79 of the civil penalty by certified check or
    money order, payable to the “Illinois Environmental Protection Agency” and
    designated to the Bureau of Air Permit Fund. The case number, case name, and
    Action Athletic’s federal employer identification number (36-2739226) must be
    included on the certified check or money order. A copy of the check shall be sent
    to Joel Sternstein at the address in paragraph three of this order.
     
    5. 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.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on December 18, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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