BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CLERK’S OFFICE

PEOPLE OF THE STATE OF ILLINOIS,

Complainant

vs.

LEHIGH PRESS,

INC.,

a Pennsylvania

corporation,

a/k/a LEHIGH PRESS-

CADILLAC,

LEHIGH CADILLAC-DIRECT,

LEHIGH DIGITAL

AND

LEHIGH DIRECT,

Respondent.

No. PCB 03-220

MAR

122004

STATE OF ILLINOIS

Pollution Control Board

NOTICE OF FILING

TO:

Mr. Joseph A.

Strubbe

Vedder,

Price, Kaufman

& Kammholz

222 North LaSalle Street

Chicago,

Illinois 60601

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control

Board,

Suite 11-500

James R. Thompson Center

100 W. Randolph Street

Chicago, Illinois 60601

PLEASE TAKE NOTICE that

I have today filed with the Office

of the Clerk of the Illinois Pollution Control Board an original

and nine copies of the Stipulation and Proposal for Settlement,

an Agreed Motion for Relief from the Hearing Requirement, Notice

of Filing and a Certificate of Service, a copy of which is

attached herewith and served upon you.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

DATE:

MARCH 12, 2004

LISA MADIGAN

Attorney General

Sta e of Illinois

BY:

~L~k4&~

ZEMEHERET BEREKET-AB

Assistant Attorney General

Environmental Bureau

188 W. Randolph St.,

20th Flr.

Chicago,

IL 60601

(312)

814-3816

THIS FILING IS SUBMITTED ON RECYCLED PAPER

---

RECE~VED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S OFFICE

MAR

122004

PEOPLE OF THE STATE OF ILLINOIS,

STATE

OF ILLINOIS

/

Pollution Control Board

Complainant,

vs.

)

No.

PCB 03-220

(Enforcement

-

Air)

LEHIGH PRESS,

INC.,a Pennsylvania

corporation,

a/k/a LEHIGH PRESS-

CADILLAC,

LEHIGH CADILLAC-DIRECT,

LEHIGH DIGITAL AND LEHIGH DIRECT,

Respondent.

AGREED MOTION TO REQUEST RELIEF FROM THE HEARING REQUIREMENT

In support of this Motion, the parties state as follows:

1.

Today,

the People of the State of Illinois,

filed a

Stipulation and Proposal for Settlement, with the Illinois

Pollution Control Board.

2.

Section 31(c) (2)

of the Illinois Environmental

Protection Act,

(“Act”), 415 ILCS 5/31(c) (2) (2002)

provides:

Notwithstanding the provisions of subdivision

(1)

of

this subsection

(c), whenever a complaint has been

filed on behalf of the Agency or by the People of the

State of Illinois,

the parties may file with the Board

a stipulation and proposal for settlement accompanied

by a request for relief from the requirement of a

hearing

pursuant

to

subdivision

(1).

.

.

3.

Complainant and Respondent agree that a formal hearing

is not necessary to conclude this matter and wish to avail

themselves of Section 31(c) (2)

of the Act,

415 ILCS

5/31(c) (2) (2002).

---

WHEREFORE,

Complainant and Respondent request relief from

the hearing requirement pursuant to Section 31(c) (2)

of the Act.

Respectfully submitted,

PEOPLE

OF

THE

STATE

OF

ILLINOIS

LISA

MADIGAN

Attorney General

State

of

Illinois

MATTHEW

J.

DUNN,

Chief

Environmental Enforcement

/

Asbestos Litigation Division

ROSEMARIE CAZEAU,

Chief

Environmental Bureau

BY:

cMePkdA~

ZEMEHERET BEREKET-AB

Assistant

Attorney

General

Environmental

Bureau

188 W. Randolph St.,

20th

Fir.

Chicago, Illinois 60601

(312)

814-3816

DATE:

March

12,

2004

H:\cornmon\~nvironmenta1\ZE~REKET—AB\LeHighPress.wpd

---

RECE~VED

BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~LERKSOFFICE

MAR 12 2004

PEOPLE OF THE STATE OF ILLINOIS,

LISA

MADIGAN,

Attorney General

)

STATEOF ILLINOIS

of

the

State

of

Illinois,

)

Pollution Control Board

Complainant,

v.

)

No. PCB 03-220

(Enforcement-Air)

LEHIGH

PRESS,

INC.,

a

Pennsylvania

corporation,

a/k/a LEHIGH PRESS-

CADILLAC,

LEHIGH

CADILLAC-DIRECT,

LEHIGH DIGITAL AND LEHIGH DIRECT,

Respondent.

STIPULATION AND PROPOSAL FOR SETTLEMENT

Complainant,

PEOPLE

OF

THE STATE OF ILLINOIS,

by LISA

MADIGAN, Attorney General

of the State of Illinois,

on her own

motion and at the request of the Illinois Environmental

Protection Agency (“Illinois EPA”), and Respondent,

LEHIGH PRESS,

INC.

(“Lehigh” and collectively “Parties”),

do hereby agree to

this Stipulation and Proposal for Settlement

(“Stipulation”).

The Parties agree that the Statement of Facts contained herein

represents a fair summary of the allegations and testimony which

would

be

introduced

by

the

Parties

if a full hearing were held.

The Parties further stipulate that this Statement of Facts is

made and agreed upon for purposes of settlement only and that

neither

the

fact

that

a

party

has

entered

into

this

Stipulation,

nor

any

of

the

facts

stipulated

herein,

shall

be

introduced

into

evidence

in

this

or

any

other

proceeding

except

to enforce the

terms

of

this

Stipulation.

Notwithstanding

the

previous

—1—

---

sentence,

this Stipulation and any Illinois Pollution Control.

Board

(uBoard~) order accepting same may be used in any future

enforcement

action

as evidence of a past adjudication of

violation

of

the

Illinois

Environmental

Protection

Act

(“Act~)

for purposes of Section 39(1)

and 42(h)

of the Act,

415 ILCS

39(i)

and 5/42(h) (2002)

.

This

Stipulation

shall

be

null and void

unless

the

Board

approves

and

disposes

of

this

matter

on

each

and

every

one

of

the

terms

and

conditions

of

the

settlement

set

forth

herein.

JURISDICTION

The

Board

has

jurisdiction

of

the

subject

matter

herein

and

of the parties consenting hereto pursuant to the Act,

415 ILCS

5/1

et

seq

(2002)

AUTHORIZATION

The undersigned representative for each party certifies that

he/she

is

fully

authorized

by the party whom he/she represents to

enter into the terms and conditions of this Stipulation and to

legally

bind

the

party

to

it.

~

APPLICABILITY

This Stipulation shall apply to and be binding upon the

Complainant and Respondent, and any officer, director,

or agent,

-2-

---

of Respondent,

as well as Respondent’s successors and assigns.

Respondent shall not raise as

a defense to any enforcement action

taken

pursuant

to

this

Stipulation

the

failure

of

its

officers,

directors,

agents,

servants or employees to take such action as

shall be required to comply with the provisions of this

Stipulation.

A.

1.

The Attorney General of the State of Illinois brings

this action on her own motion,

as well as at the request of the

Illinois EPA, pursuant to the terms and provisions of Section 31

of the Act,

415 ILCS 5/31

(2002)

2.

The

Illinois

EPA

is

an

administrative

agency

established

in

the

executive

branch

of

the

state

government

by

Section 4 of the Act,

415 ILCS 5/4

(2002),

and is charged,

inter

alia,

with the duty of enforcing the Act.

3.

Respondent,

Lehigh

Press,

Inc.

(“Lehigh”)

is

a

Pennsylvania corporation,

authorized to do business in the State

of Illinois.

B.

Facility Description

1.

The Facility which is the subject~matter of the

Complaint filed herein is a commercial printing facility located

at 25th and Lexington Avenue,

Broadview,

Cook County,

Illinois

-3-

---

(‘~Faci1ity”)

.

At all times relevant to the Complaint,

Lehigh

owns and operates the Facility.

2.

At the Facility,

Lehigh operates eight emission units

which consist of heatset web offset lithographic printing presses

with

dryers.

C.

Alleged Violations

1.

The

Complaint

filed

in

this

matter

on

May 29,

2003,

before the Illinois Pollution Control Board alleges the following

violations of the Act,

415 ~ILCS

5/1

et seq.

(2002)

,

Illinois

Pollution Control Board

(“Board”) Air Pollution Regulations,

35

Ill.

Adm.

Code,

and CAAPP permit conditions and are outlined as

follows:

COUNT I

CAUSING OR ALLOWING AIR POLLUTION:

Violation of

Sections

9(a)

and 39.5(6) (a)of the Act,

415 ILCS

5/9(a)

and 39.5(6) (a) (2002),

and 35 Ill. Adm.

Code

218.407(a) (1) (c),

and permit conditions;

COUNT II

FAILURE TO INSTALL RECORDING DEVICES AND FAILURE

TO COLLECT MONITORING DATA:

Violation of Sections

9(b) and 39.5(6) (a)

of the Act,

415 ILCS 5/9(b)

and 39.5(6) (a) (2002),

and 35

Ill.

Adm.

Code

218.410(c) (2),

and 218.411(b)

(3) and permit

conditions;

COUNT III FAILURE TO REPORT TO THE ILLINOIS EPA

NONCOMPLIANCE WITH PERMIT CONDITIONS:

Violation

of Sections

9(b)

and 39.5(6) (a)

of the

Act,

415 ILCS 5/9(b) and 39.5(6) (a) (2002), and

Condition 5.7.1 of CAAPP Permit No.

95100080;

COUNT IV

FAILURE TO SUBMIT COMPLETED SEMI-ANNUAL REPORTS

AND ANNUAL COMPLIANCE CERTIFICATIONS:

Violation

of Sections

9(b)

and 39.5(6) (a)

of the Act, .415

ILCS 5/9(b) and 39.5(6) (a) (2002), and Conditions

8.6.1 and 9.8(a)

of CAAPP Permit No.

95100080;

-4-

---

COUNT V

CONDUCTING EMISSION TESTING WITHOUT NOTIFYING THE

ILLINOIS EPA: Violation of Sections 9(b)

and

39.5(6) (a)

of the Act,

415 ILCS 5/9(b) and

39.5(6) (a) (2002)

D.

Admission of Violation

Respondent denies the violations alleged in the Complaint

in

this matter and referenced in Section IV.C.

herein.

V.

IMPACT ON THE PUBLIC RESULTING FROM NONCOMPLIANCE

Section 33 (c)

of the Act,

415 ILCS 5/33 (c) (2002)

,

provides

as follows:

In making its orders and determinations,

the Board

shall take into consideration all the facts and

circumstances bearing upon the reasonableness of the

emissions,

discharges,

or deposits involved including,

but not limited to:

1.

the character and degree of injury to,

or

interference with the protection of the health,

general welfare and physical property of the

people;

2.

the social and economic value of the pollution

source;

3.

the suitability or unsuitability of the pollution

source to the area in which it

is located,

including the question of priority of location in

the area involved;

4.

the technical practicability and economic

reasonableness of reducing or eliminating the

emissions, discharges or deposits resulting from

such pollution source;

and

5.

any subsequent compliance.

-5-

---

In

response

to

these

factors,

the

Complainant states

as

follows:

1.

Complainant

maintains

that

causing,

threatening

or

allowing the release of VOM, air contaminants, from respondent’s

Facility into the environment,

contributes to the degradation of

the

air quality of the State of Illinois, thereby interfering

with the protection of the public health,

general welfare and

physical property of the people.

2.

Complainant states that Respondent’s commercial

printing Facility has social and economic value.

3.

Complainant states that

it does not have sufficient

data to make a determination about the suitability or

unsuitability of the commercial printing Facility to the area in

which it

is located.

4.

Complainant states that complying with the requirements

of the

Act,

Board Air Pollution Regulations and CAAPP permit

conditior~,

was both technically practicable and economically

reasonable.

5.

Currently,

Respondent

is in compliance.

CONSIDERATION OF SECTION 42(h)

FACTORS

Section 42(h)

of the Act,

415 ILCS 5/42(h) (2002), provides

as follows:

In determining the appropriate civil penalty to be

imposed under

.

.

.

this Section,

the Board is

-6-

---

authorized to consider any matters

of record in

mitigation or aggravation of penalty, including but not

limited

to

the

following

factors:

1.

the duration and gravity of the violation;

2.

the presence or absence of due diligence on the

part of the violator in attempting to comply with

requirements of this Act and regulations

thereunder or to secure relief therefrom as

provided by this Act;

3.

any economic benefits accrued by the violator

because of delay in compliance with requirements;

4.

the amount of monetary penalty which will serve to

deter further violations by the violator and to

otherwise aid in enhancing voluntary compliance

with this Act by the violator and other persons

similarly subject to the Act;

and

5.

the number, proximity in time,

and gravity of

previously adjudicated violations of this Act by

the violator.

In response to these factors,

the Complainant states as

follows:

1.

For at least four years and two months, Lehigh operated

press

4*34 out of compliance with its CAAPP permit.

Lehigh failed

to timely conduct

a performance test for press

4*47.

For a period

of at least four years and two months,

Lehigh submitted

incomplete reports and kept incomplete records.

2.

Lehigh attempted to repair and replace the defective

chart recorder on press #34.

Nonetheless, press #34 was operated

for a period of four years and two months without the required

recording device.

Due to Lehigh’s problems demonstrating

compliance with press #34, press #34 was removed from operation

-7-

---

in July 2002.

Further,

Lehigh has overhauled press #34,

replacing the existing dryer with a newer, more efficient dryer.

The new dryer is ducted to the large afterburner located at the

Facility.

Lehigh expects VOM emissions from the overhauled press

~34 to be reduced by about two

(2)

tons per year.

3.

Economic benefits accrued by the Respondent are

believed to be substantially less than the $30,000.00 penalty

agreed to herein.

The violations alleged in the Complaint stem

from Respondent’s failure to monitor,

test,

keep records and file

timely reports.

Usually,

such violations do not result in

excessive avoidance of expenses.

4.

Complainant has determined in this instance,

that a

civil penalty of Thirty Thousand Dollars

($30,000.00)

will serve

to deter further violations of the Act, Board Air Pollution

regulations and CAAPP permit conditions and aid in future

voluntary compliance with the Act, Board regulations and CAAPP

permit

conditions.

5.

Complainant

has

no

records

of

previously

adjucated

violations against Lehigh.

A.

Civil Penalty

1.

Respondent shall pay a civil penalty

of Thirty Thousand

Dollars

($30,000.00)

into the Illinois Environmental Protection

-8-

---

Trust Fund within Thirty

(30)

days after the date on which the

Board adopts a final order approving this Stipulation and

Proposal for Settlement.

2.

Payment shall be made by certified check or money

Order,

payable to the Illinois EPA, designated for deposit into

the Environmental Protection Trust Fund, and shall be sent by

first class mail to:

Illinois Environmental Protection Agency

Fiscal Services

1021 North Grand Avenue East

P.O. Box 19276

Springfield,

IL

62794-9276

Further,

a copy of the check or money order shall be sent by

first-class mail

to:

Zemeheret Bereket-Ab

Assistant Attorney General

Environmental Bureau

188 West Randolph Street,

20th Floor

Chicago,

IL 60601

3.

Respondent’s Federal Employer Identification Number

(“FEIN”)

is 23-1417330.

The FEIN number shall appear on the face

of the certified check or money order.

4.

For purposes of payment and collection Respondent~may

•be reached at the following address:

Damon Snyder

Lehigh Press,

Inc.

1900 South 25th Avenue

Broadview,

Illinois 60155

5.

For

purposes

of

payment

and

collection

Respondent’s

attorney may be reached at the following address:

-9-

---

Joe A.

Strubbe

Vedder Price

222 North LaSalle Street

Chicago,

Illinois 60601

6.

Pursuant to Section 42(g)

of the Act, 415 ILCS

5/42 (g) (2002),

interest shall accrue on any amount not paid

within the time prescribed herein,

at the maximum rate allowable

under Section 1003 (a)

of the Illinois Income Tax Act,

35 ILCS

5/1003 (a) (2002)

a.

Interest on unpaid amounts shall begin to accrue

from the date the penalty payment is due and

continue to accrue to the date payment

is

received.

b.

Where

partial

payment

is

made on any payment

amount that is due,

such partial payment shall be

first applied to any interest on unpaid amounts

then owing.

c.

All interest on amounts owed the Complainant,

shall be paid by certified check payable to the

Illinois Environmental Protection Agency for

deposit in the Environmental Protection Trust Fund

and delivered in the same manner as described in

this Section VII.A.2.

-10-

---

CEASE AND DESIST

Respondent shall cease and desist from future violations of

the Act, Board regulations, and CAAPP permit conditions,

including but not limited to,

those Sections of the Act and Board

regulations that were the subject matter of the complaint as

outlined in Section IV.C of this Stipulation.

COMPLIANCE WITH OTHER LAWS AND REGULATIONS

This Stipulation in no way affects the Respondent’s

responsibility to comply with any federal, State or local

regulations,

including but not limited to the Act and Board

regulations.

x.

RELEASE FROM LIABILITY

In consideration of Respondent’s payment of Thirty Thousand

Dollars

($30,000.00)

civil penalty,

its commitment

to refrain

from future violations of the Act, Board Air Pollution

regulations; and CAAPP permit conditions, Complainant releases,

waives and discharges Respondent from any further liability or

penalties for violations of the Act, Board Air Pollution

regulations and CAAPP permit conditions which were the subject

matter of the complaint filed in this matter on May 29,

2003,

and

upon the payment of all monies

owed.

However, nothing in this

-11-

---

Stipulation and Proposal for Settlement

shall be construed as a

s~aiverby Complainant of the right to redress future violations

or obtain penalties with respect thereto.

WHEREFORE,

Complainant and Respondent request that the Board

adopt and accept the foregoing Stipulation and Proposal for

Settlement as written.

(The

remainder of this page

is intentionally left blank.)

-12-

---

AGREED:

FOR THE COMPLAINANT:

LISA

MADIGAN

Attorney General of the

State of Illinois

MATTHEW J. DUNN,

Chief,

ILLINOIS ENVIRONMENTAL

Environmental Enforcement/

PROTECTION AGENCY

Asbestos Litigation Division

BY:__

___

Environmental B- eau

Chef

Legal

Counsel

DATED:

T?~

(

T~

~

DATED:

~

/~

~“

FORTHERESPONDENT:

LEHIGHPRESS, iNC.,

a Pennsylvania co

oration,

BY:___

TITLE:

5~(

~“P

~PeF~~I

FEIN#23-1417330

DATED:

_______________

H:\common\Environmental\Z

BEREKET-AB\LEHIGHSt1p .wpd

-13-

---

CERTIFICATE OF SERVICE

I,

ZEMEHERET BEREKET-AB,

an Assistant Attorney General,

do

certify that

I caused to be served on this 12th day of March,

2004,

the foregoing Notice of Filing,

a Stipulation and Proposal

for Settlement, and an Agreed Motion for Relief from the Hearing

Requirement, upon the persons listed on said Notice by placing

same in an envelope bearing sufficient postage with the United

States Postal Service located at 100 West Randolph Street,

Chicago,

Illinois.

ZEMEHERET

BEREKET-AB

ff.\cotninori\Environmental\Z