ILLINOIS POLLUTION CONTROL BOARD
March 18, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
STAR ELECTRONICS, INC., an Illinois
corporation,
Respondent.
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PCB 03-5
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by A.S. Moore):
On July 11, 2002, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Star Electronics, Inc. The complaint concerns the
company’s circuit board manufacturing facility located at 825 Pratt Blvd., in Elk Grove Village,
Cook County. The parties now seek to settle without a hearing. For the reasons below, the
Board accepts the parties’ stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (2002)), the
Attorney General and the State’s Attorneys may bring actions before the Board to enforce
Illinois’ environmental requirements on behalf of the People.
See
415 ILCS 5/31 (2002); 35 Ill.
Adm. Code 103. In this case, the People allege that Star Electronics violated Section 9(a) of the
Act (415 ILCS 5/9(a) (2002)) and Section 201.141 of the Board’s air pollution regulations (35
Ill. Adm. Code 201.141) by causing an uncontrolled chemical reaction at its facility, releasing
chlorine to the ambient air and forming a noxious cloud.
On February 11, 2004, the People and Star Electronics 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)), which requires that the public have an opportunity to request a
hearing whenever the State and a respondent propose settling an enforcement action without a
public hearing.
See
35 Ill. Adm. Code 103.300(a). The Board provided notice of the stipulation,
proposed settlement, and request for relief. The newspaper notice was published in the
Des
Plaines Journal
, the
Elk Grove Village Journal
, the
Mt. Prospect Journal
, the
Niles Journal
, the
Park Ridge-Golf Mill Journal
, the
Prospect Heights Journal
, the
Rosemont Journal
, the
Arlington Heights Topics
, the
Buffalo Grove Topics
, the
Palatine Topics
, the
Rolling Meadows
Topics
, the
Wheeling Topics
, the
Suburban Journal
, and the
Northwestern Journal
between
February 18, 2004 and February 23, 2004. 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).
2
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements.
See
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 Star Electronics’ 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)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. The People and Star
Electronics have satisfied Section 103.302. Star Electronics admits the alleged violations. The
stipulation also addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2002)),
which may mitigate or aggravate the civil penalty amount. Star Electronics agrees to pay a civil
penalty of $10,000. The Board accepts the stipulation and proposed settlement.
This opinion constitutes 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. Star Electronics must pay a civil penalty of $10,000 as follows: pay $5,000
within 30 days after the date of this order; pay an additional $2,500 within 60
days after the date of this order; and pay an additional $2,500 within 90 days after
the date of this order. Star Electronics must pay the civil penalty by certified
checks or money orders, payable to the Environmental Protection Trust Fund.
The case number, case name, and Star Electronics’ federal employer identification
number must be included on each certified check or money order.
3. Star Electronics 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
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. Star Electronics 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.
3
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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on March 18, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
