ILLINOIS POLLUTION CONTROL BOARD
    April 15, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    LEHIGH PRESS, INC., a Pennsylvania
    corporation a/k/a LEHIGH PRESS-
    CADILLAC, LEHIGH CADILLAC-DIRECT,
    LEHIGH DIGITAL, and LEHIGH DIRECT,
     
    Respondent.
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    PCB 03-220
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On May 29, 2003, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Lehigh Press, Inc. (Lehigh Press).
    See
    415 ILCS
    5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that Lehigh Press violated
    Sections 9(a) and (b) and 39.5(6)(a) of the Environmental Protection Act (Act) (415 ILCS 5/9(a)
    and (b) and 39.5(6)(a) (2002)); 35 Ill. Adm. Code 218.407(a)(1)(C), 218.410(c)(2), and
    218.411(b)(3); conditions 7.1.5(a), 7.1.3(e)(i)(C), and 7.1.9(c)(i) of CAAPP no. 95100080; and
    conditions 1.1.7(a) and 1.1.9(b)(i) for construction permit no. 01040039. The People further
    allege that Lehigh Press violated these provisions by causing, threatening, or allowing air
    pollution by operating its afterburner at a temperature lower than required; by failing to install,
    calibrate, operate, collect, and record data on its air pollution control equipment; and by reducing
    emissions from one unit to another in violation of its permit. The complaint concerns Lehigh
    Press’s commercial printing facility at 25th and Lexington Avenue, Broadview, Cook County.
     
    On March 12, 2004, the People and Lehigh Press 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
    Pioneer Press
    on March 17, 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).
     
    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
    Lehigh Press’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 Lehigh Press have
     
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    satisfied Section 103.302. Lehigh Press denies the alleged violations but agrees to pay a civil
    penalty of $30,000. 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. Lehigh Press must pay a civil penalty of $30,000 no later than May 15, 2004,
    which is the 30th day after the date of this order. Lehigh Press must pay the civil
    penalty by certified check or money order, payable to the Environmental
    Protection Trust Fund. The case number, case name, and Lehigh Press’s federal
    employer identification number must be included on the certified check or money
    order.
     
    3. Lehigh Press 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)).
    See also
    Section VII(A)(6) at page 10 of the stipulation for additional
    details.
     
    5. Lehigh Press 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 April 15, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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