ILLINOIS POLLUTION CONTROL BOARD
    August 5, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    METALS TECHNOLOGY CORPORATION,
     
    Respondent.
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    PCB 01-1
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On July 3, 2000, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a six-count complaint against Metals Technology Corporation (MTC).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that MTC
    violated Sections 9(b), 9.1(d), 9.8(b), 39.5(6)(b) of the Environmental Protection Act (Act) and
    Sections 201.142, 201.143, 203.201, 270.301, and 205.310 of the Board’s air pollution
    regulations. 415 ILCS 5/9(b), 9.1(d), 9.8(b), 39.5(6)(b) (2002); 35 Ill. Adm. Code 201.142,
    201.143, 203.201, 270.301, and 205.310. The People further allege that MTC violated these
    provisions by failing to obtain construction and operating permits for a new air pollution
    emission source; failing to obtain a construction permit for a major stationary source of a
    hazardous air pollutant located in a severe ozone nonattainment area; failing to timely submit a
    Clean Air Act Permit Program (CAAPP) application; failing to timely submit an Emission
    Reduction Market System (ERMS) application; and failing to demonstrate compliance with the
    National Emission Standard for Hazardous Air Pollutants applicable to halogenated solvent
    cleaning. The complaint concerns MTC’s metal treating facility located at 120 North Shmale
    Road, Carol Stream, DuPage County.
     
    On July 30, 2004, the People and MTC 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). Under the proposed stipulation, the MTC
    neither admits nor denies the alleged violations and agrees to pay a civil penalty of $50,000.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 5, 2004, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     
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