~EC~E~V~D

BEFORE THE POLLUTION CONTROL

BOARD   

CLERK’S OFACE

PEOPLE OF THE STATE’ OF ILLINOIS,  

)

AUG

092004

by LISA MADIGAN, Attorney General  

)

STATE OF ~LUNO1S

of the State of

Illinois,      

)

PoUution Contro’ Board

•

Complainant,  

)

PCBN0. 

_________

v.

)

(Enforcement 

Air)

CFM U.S. CORPORATION f/k/a 

‘

THE

VERMONT CASTINGS MAJESTIC

“

)

•

PRODUCTS COMPANY a Delaware

Corporation,         

)

Respondent. 

NOTICE OF FILING

TO: Ms. Mary A Gade’

•

Ms. Cynthia A. Faur 

‘

• .

Sonnenschein Nath & Rosenthal

• .

8000 SearsTower

233 South Wacker Drive      

Chicago, IL 60606   

PLEASE TAKE NOTICE that I have today filed the Complaint~,

Stipulation.and Proposal for Settlement, and Motion to Request

Relief From Hearing Requirement with the Office of the Clerk of the

Illinois Pollution Control Board, ‘true and. correct copies of which

are attached’ hereto and herewith served upon you.

PEOPLE OF THE STATE OF ILLINOIS,

by LISA MADIGAN, Attorney General

of the State of Illinois

BY: ____________________________________

MICHAEL C. PARTEE

Assistant Attorney General

Environme~ital Bureau/North

188 West Randolph Street, Suite 2001

Chicago, Illinois 60601

‘Tel:’ (312)814-2069

)

CFM U.S. CORPORATION f/k/a

THE VERMONT CASTINGS MAJESTIC

PRODUCTS COMPANY a Delaware

Corporation,   

•

• •

Respondent. :•  

•

)

• •

S

MOTION TO REQUEST RELIEF FROM HEARING REQUIREMENT’

NOW COMES the Complainant, PEOPLE OF• THE STATE OF ILLINOIS, by

LISA MADIGAN, Attorney General of the State of Illinois, and

requests relief from the hearing requirement in this case pursuant

to Section 31(c) (2•) of the Illinois Environmen~.alProtection Act

(“Act”), 415 •ILCS 5/31(0) (2) (2002), and Section 103.300 of the

Illinois Pollution Control Board’ (“Board”) Procedural Rules’, 35

Ill. Adm. Code 103.300. In support of ‘its Motion, the Complainant

states as follows

1.  Section 31(c) (2) of the Act allows the parties in’

‘certain enforcement caseC to request relief from the mandatory

hearing requirement where the parties submit to the Board a

• Stipulation and Prbposal for’Set~lernent. Section 31(c) (2)provides

• as follows:    

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••

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•

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Notice, complaint, hearing

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(è)

(2) Notwithstanding the provisions of ‘subdivision (1)

of’this subsection (c), Whenever a complaint has been

filed on behalf of~theAgency or by the People of the 

•

•S

•

BEFORE THE PQLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,  

)

‘

•

by LISA 

MADIGAN,

Attorney General 

‘

)

• ‘

of the State of Illinois,

Complainant,

RECE’!D

CLERK’S OFFICE

AUG 0 9 2004•

STATE OF ILLiNOIS

Pollution Control Board.

PCB No. 

_________

(Enforcement 

Air)

State o~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)’. Unless the Board, in its

discretion, concludes that a hearing will be held, the

Board shall cause notice of the stipulation, ‘proposal

and request for, relief to be published and sent in the

same manner as is required for hearing pursuant to

subdivision (1) •of this subsection. The notice shall

include a s?atement that any person may fiIe’a written,

demand for hearing within 21’ days after receiving the

notice. If’ ‘any person’ files a timely written demand for

hearing, the Board shall deny ‘the request for. relief

from a hearing and shall hold a hearing in accordance

with the provisions of subdivision (1).      

2.  Board. Procedural Rule 103.300 provides, in relevant

part, as follows’ (emphasis in original) 

Request for Relief from Hearing R~qüirement in State

Enforcement Proceeding.   

‘

(a)’ 

Whenever a complaint has been tiled’ on behalf of the

Agency 

or

by the People of the State of Illinoià,” the•

• parties may file with the Board ,a’proposed stipulation

and éettlement accompanied by a request for relief from

•       ~he requirement of a hearing 

pursuant to Section 

•

3.1(c) (2) of ‘the Act 

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3.’ ‘On 

August ‘9, 2004, the same date as this’Motion, a

Complaint and Stipulation and Proposalfor Settlement with

Respondent were both filedwith the Board.

4  No hearing is currently scheduled in this case

‘WHEREFORE, the’ Complainant, PEOPLE OF THE STATE OF ILLINOIS,

by LISA 

MADIGAN,

Attorney General of the State of Illinois,

respectfully requests relief from the requirement of a’ hearing

••pursuant to Section 31(c) (2) of the Act.

2•

Respectfully

submitted,

PEOPLE ‘OF THE STATE OF ILLINOIS,

by LISA 

MADIGAN,

Attorney General’

of the State of Illinois

‘BY: 

14~dC~ztz~

MICHAEI,~ C. PARTEE’

‘•‘‘

•

‘

Assistant Attorney Geriêral

Environmental Bureau/North

188 West Randolph Street, Suite 2001

Chicago, Illinois 60601 

‘ •

Tel: (312)814-2069  

“

‘

•

‘

,‘

3

RE b E~V E~

CLERK’S OFFICE

AUG 092004

STATE

OF ILLINOIS

Pollution Control ~ioac~

BEFORE THE POLLUTION CONTROL BOARD

PEOPLE’ 

OF THE STATE 

OF ILLINOIS,  

)

‘ S

S

by LISA MADIGAN, Attorney General  

)

of the State of Illinois,

S

•

Complainant,  

)

‘

S

‘

PCBN0. 

_______

v.

)

(Enforcement 

Air)

CFM U.S. CORPORATION f/k/a     

)

THE VERMONT CASTINGS MAJESTIC    

)

PRODUCTS 

COMPANY

Delaware    

)

‘

Corporation,      

‘

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V ‘

Respondent. S 

‘

)

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STIPULATION AND PROPOSAL FOR’ SETTLEMENT

Complainant, PEOPLE. 

OF THE STATE OF ILLINOIS, by LISA 

MADIGAN,

Attorney General 

of the State of Illinois, the Illinois 

‘

5

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

CFM U.S. CORPORATION f/k/a THE VERMONT CASTINGS MAJESTIC. PRODUCTS

COMPANY, a Delaware ‘corporation, pursuant”: to 35 Iii. Adm. Code

103.302, do hereby agree to thi~Stipulation and Proposal for’

Settlement (“Stipulation”) and submit it to the Illinois Pollution

‘Control Board (“Board”) for acceptance.’ The parties stipulate that

the statement of facts contained herein represen?sa fair summary

of’the evidence and testimony that would be introduced by the

parties if a hearing’ were held. The.parties further stipulate that

the facts contained, herein are 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 used for any purpose in this or any other proceeding, except to

enforce the terms hereof by the parties to this Stipulation., and as

otherwise provided ‘herein. If the Board accepts and entets this

Stipulation, the parties agree to be bo~indby i~and not to contest

its valid4ty in any subsequent proceeding tO implement or enforce

its terms, except for purposes of intepetation as provided for

under Section VI (Forum) “herein.

AUTHORIZATION

The undersigned representatives for each party certify that

they are fully authori~ed,by the party whom they rep’resent to enter

into this Stipulation and to legally bind them to it This

,Stipulation may be signed in counterparts, all’ of whic,h shall be

considered one settlement.  

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‘

‘

‘III.

STATEME1~T OF FACTS

Parties

1  Simultaneous with the filing of this Stipulation, a

Complaint was filed on behalf of the 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 EPA

I.’

JURISDICTION. 

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The Board has jurisdiction of the subject matter herein and of

the parties ‘consenting’ hereto pursuant to the Illinois    

‘

‘

Environmental Protection Act (“Act”), 415 ILCS 5/1,. 

et ‘seq. 

(2002)..”

II.

2

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against Respondent pursuant to Section 31 of, the Act, 415 ILCS 5/31 

‘(2002). 

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2.

‘

The Illinois EPA is an administrative agency of the

State of Illinois, created pursuant to Section.4 of the Act, 415

ILCS 5/4 (2002) 

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3.  At all times relevant to the Complaint, Respondent, CFM

U S CORPORATION f/k/a THE VERMONT CASTINGS MAJESTIC PRODUCTS

COMPANY, ‘was and is a Delaware corporation authorized to transact

business in the, State of Illinois.    

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B.  Description of Respondent’s Facilities

1.

‘

Skokie Facility 

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a.  At all times relevant to the ~omp1áint, Respondent, 

‘•‘

doing business as CFM 

HARRIS

SYSTEMS, INC.’, owned and operated 

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two ‘buildings that are adjacent to each ‘other, one located’at 

7500 North St. LOuis Avenue, Skokie, Cook County;’ ‘Illinois,

and the other locate~at 3501 West Howard Street, Skokie, Cook

County, Illinois (collectively, the “Skokie facility”)

b.

‘

Respondent assembled fi~eplace doors and screens

and manufactured and coated wood firep~ace’mantles’at its

Skokie facility from about 1998 until about March 2004 when it

closed

c.

‘ ‘ 

Respondent constructed a powder coating line with,a

cure oven at its Skokie facility in about 1999

d  Complainant contends that Respondent operated from

about’ ‘1998 until May 2002 without submitting to the Illinois

EPA an operating program to reduce fugitive particulate matter

3

emissions from internal road traffic and parking areas at itC

Skokie. facility.’ 

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e.  Complainant contends that Respondent ‘failed to

certify to the Illinois EPA upon start-up in about 199.8 that

its wood coating line was exempt ‘from applicable ‘emission

limitations

f.  Complainant ~ontends that Respo~ident failed to

submit complete Annual Emission’Reports for its, Skokie

facility for the years. 1998 ‘through 2001.  

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‘g.   Complainant also contends that Respondent failed to

‘obtain a Construction permit from. the Illin6is EPA prior to’ 

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constructing apowder.coating line with cure oven.

Lincolnwood’Facility

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5,

a  At all times relevant to the Complaint, Respondent,

doing business as CFM HARRIS SYSTEMS, INC 

owned. and operated

a’building lopated at’7084 North McCormick Boulevard, 

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Lincolnwood, ‘Cook County, Illinois (“Lincoinwood facility”) 

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b  Respondent cast and coated concrete fireplace logs

and coated metal fireplace accessories at its Lincolnwood

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facility’ from about August 19,98’until early 2004 when it 

‘ ,,

closed

c.  On July 13, 1998, the Illinois ‘EPA issued lif~time 

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operating permit no. 98040098, ‘to Respondent for a coating.

operation utilizing a cure oven at its Lincolnwood facility

d  Complainant contends that Respondent failed to

submit to the Illinois EPA an operating program to reduce

‘

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fugitive particulate matter emissions fromtraffic areas at.

its Lincolnwood facility from about August 1998.until May”

2002. ‘                                                                  

e.  Complainant contends that Respondent, applied’

coatings containing VOM in excess of 3.3 pounds per gallon

from about August 1998 to 2002.

f.  Complainant contends that Respondent failed to 

‘

collect and maintain required information re~arding,the

coatings, coating thinners, and solvents iised in its coating

operation from about August ‘1998 through June 2002, including

but not limited to the types, VOM content, actual usage rates

and amounts, and VOM emissions from each coating ‘used at its’

Lincolnwood facility.      

‘

g.  Complainant also contends that Respondent failed 

submit complete Annual Emission Reports for5 its Lincol’nwood

facility from about August 1998 through 2001~

C.  Allegations of Non-Compliance     

‘

S.

The Complainant alleges that the Respondent violated the 

‘

following provisions of the Act, Board and Illinois ‘EPA

regulations, 

and.

lifetime operating permit no. 98040098:

1.  Skokie Facility:   

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Count I:    

Failure to submit’an’operating program

for fugitive particulate matter’ emissions

in violation of’Section 9(a) of the Act

‘(415 ILCS 5/9(a) (2002)) and Section

212.309(a) of Board’s Air Pollution

S

Regulations (35 Ill. Adm. Code

‘

212.309(a));

Count II: 

‘ ‘ “

Failure to certify exemption from Board’s

wood furniture coating regulations in

violation of Section 9(a) of the Act and

Section 218.211(b) (2) of the Board’s”Air.

Pollution Regulations (35 Ill.. Adm. Code

218.211(b) (2));     

5  5

Count III:

‘

Failure to submit complete annual

emission ~eports

in violation of

Section

9(a) 

VOf

the Act,, Section 201.302(a) of

the Board’s Air Pollution Regulations (35’

‘Ill.’ Adm. Code 201.302(a)), and Part 254

of the Illinois EPA’s Air Pollution

Regulations(35 Ill. .Adm. Code Part 254);

and

5

Count ‘IV:    

Constructing air pollution emission S

source without. a construction permit in

violation ‘of Section 9(b) of’the Act (415

ILCS 5/9(b) (2002)) and Section 201.142

of the Board’s Air Pollution Regulations

(35 Ill. Adm. ‘Code 201.142) 

2.’ Lincolnwood Facility: V 

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Count V: 

‘

Failure to submit”an operating program

for fugitive particulate matter emissions

in violation ~f Section 9(a) of the Act

and Section 212.309(a) of the Board’s Air

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Pollution Regulations;

Count VI:. 

‘Use of noncompliant coatings in violation

of Sections 9(a) and (b) of the Act,

Section 218.204(j) (2) (B) of the Board’s

Air Pollution Regulations (35111. Adm.’

V    Code2l8.204(j)(2)(B)),5 and Special

Condition 3(a) o’f’ Respondent’s lifetime

5

5

‘operating permit ‘no.’ 98040098;

Count VII:   

‘Failure ‘to maintain operating records in

violation of Sections 9(a) and (b) of the

Act, Section 218.211(c) (2)’ of the Board’s

•

Air Pollution.Regulations (35111. Adm.

Code 218.211(c) (2)), and S~ecia1

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Conditions 7(a) (i) through (v) of

Respondent’s “lifetime operating permit

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98040098; and

Count VIII.: 

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Failure to submit complete annual 

•

emission reports in violation of Section

9(a) Of the Act, Section 201.302(a) of

the Board’s Ai~ Pollution RegulatiOns,

and Part 254 of the Illinois EPA’s Air

Pol1ution~Regulati~ns. 

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D.  Non-admission of Alleged Violations  

V

‘The Respondentneither admits nor 

denies the yiolations

alleged in the. Complaint filed in this case and listed herein.

IV.

APPLICABILITY

This Stipulation shall apply

to and be binding upon the

Complainant and the Respondent, and ,any officer, director,, agent,

or employee of the 

Respondent,

as

well’as any successors or

assigns

of the Respondent. The Respondent’ shall not raise. as, a defense to

any enforcement ‘action taken to enforce this Stipulation the

failure of any of’ its officers, directors, agents or employees to

take such action as shall be required .to comply with the” prov~isions

of this Stipulation

“V.

COMPLIANCE WITH OTHER LAWS AND REGULATIONS  

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This Stipulation in no way affects the Respondent’s 

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responsibility

to comply with any other federal, State or~ local

‘laws or regulations, including, but’ not limited to, the Act, Board

and Illinois EPA regulations,

and applicable Illinois EPA-issued

permits

VI.

FORUM

The parties agree. that the forum of any action commenced fo,r

the purposes of interpretation and enforcement of the terms and

condition.s of this Stipulation shall be the Circuit Court of Cook

County, Illinois.       

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SEVERABILITY       

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It is the intent of the parties that the provisions of this

Stipulation shall be, severable, and 

should

any prOvision be

declared by a court of competent jurisdiction to be inconsistent

with State or federal law, and, therefore unenforceable, the’  

‘

remaining provisions shall remain in full force and effect

VIII

• FACTS AND CIRCUMSTANCES BEARING UPON THE    

REASONABLENESS OF THE ALLEGED VIOLATIONS

Section 33(c)

of

the

Act, 415 ILCS 5/33(c) (2002), provides as

follows: 

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‘

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(c) In making its orders and determinations, the board

shall ‘take’ into cons’iderati~niall the facts and •           

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circumstances bearing upOn the reasonableness of the

emissions, discharges or deposits involved including, 

‘

• but 

not’ limited to:.

. .

(i) ‘the character and degree Of injury to, or 

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interference5 with the’ protection of the health,

genet’alwelfare and physical property’of the    

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people;        

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(ii) the social and economic value of, “the pollution

source;

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(iii) the suitability, or unsuitability of the

pollution source to the area in which it is

located, including the question of priority of.  

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location in. the area inyolved; 

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(iv) the technical ~racticability and economic 

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reasonableness.of reducing or eliminating the  

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emissions, discharges or deposits resulting from

such pollution source; and    

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(v) any subsequent cdmpliance. 

. . .

In response to the factors set forth in Section 33 (c) of’. the

Act, the parties state as follows:,    

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1.  This case largely. involves paperwork violations of the

air pollution provisions of the Act,’Eoard and Illinois’ E~A 

‘ ‘

regulations, and Respondent’s lifetime operating permit no

98040098.

Air pollution constitutes

a serious threa’tto human.

health and the environment. 

A violation of the paperwork and’ 

permitting requirements frustrates the State’s enforcement program

and its ability to protect against 

environmental damage In

addition, ~.espondent caused 

or allowed the

release of excess VOM

emissions to the environment as a result of its use of noncompliant

coatings.    

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2.  The manufacture of fireplace’ accessories, when done in

accordance with the Act, Board and Illinois EPA regulations, and

permit requirements, has social and economic value. 

, .~ ‘

The priority and location of the facility was suitable

for the area in which 

was located

4.  Compliance 

Wit~h

the requirements of the Act,, Board and 

Illinois EPA regulations,, and Respondent’s lifetime operating    

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9.

permit no~ 98040098 was technically practicable and economiOally

reasonable..      

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5.  Subsequent to the time frame of the alleged violations,

the Respondent has acted in compliance with the Act, B,oard and

Illinois EPA regulations, and lifetime operating’ ‘permit no.

98040098.   

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CONSIDERATION OF THE SECTION 42(h) FACTORS

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Section 42(h) ‘of the Act, 415 ILCS 5/42(h) (200.2), provides as

follows:     

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Civil penalties.    

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(h) In determining the’ appropriate civil penalty to be

imposed under subdivisions (a) 

(b) (1) 

(b) (2) 

(b) (3)

or (b) (5) of this ‘Section, the Board is authorized to~

consider

any matters. of redord in mitigation or

aggravation of penalty,, including but not limited to the’

following’ factors:  

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(1) the duration and gravity of the violation;

(2)’ the presence or absence..of due diligence on ‘the

part ‘of’the reSpondent in attempting to comply with

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requirements of this Act and regulations thereunder

or to secure’ relief therefrom as prOvided by this

Act;        

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(3) any’ economic benefits accrued by the respondent

because of delay

in compliance with requirements,

in which case ‘the economic benefits shall be

‘determined by lowest cost alternative for achieving

compliance;      

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(4) the amount of monetary’ penalty which will serve

to deter further violations by the respondent and

to otherwise aid in enhancing voluntary compliance

with thi.s Act by the respondent and’ other persons

S   similarly subject to the Act; and 

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(5) the number, proximity in time, and gravity of

previously adjudicated violations of this Act by

the’respondent; 

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(6) whether the ‘respondent voluntarily self-   

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disclosed, in accordance with’ subsection. (i) of 

‘. .

this Section, the non-compliance to the Agency; and

(7) whether the respondent has agreed to undertake  

a “supplemental environmental project,” which’means 

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an environmentally beneficial project that a

respondent agrees to undertake in settlement of an

enforcement action brought under this Act, but

which the respondent’is not otherwise legally    

obligated’to perform. 

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In’ response to the .above factors ‘set forth in Section 42 (h) of

the Act, the parties state as follOws: 

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1..

The Complainant’,.contends.that the duration of each 

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violation varies, but is generally frOm 1998 to 2001 or fOr a 

‘

period of ‘about three years. The Complainant contends that the. 

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gravity of the violations was high because ‘the èubject facility is

located in an ozone nonattainment’area and. because. Respondent’s ‘‘‘

failure to comply with paperwork requirements and its use of

noncompliant coatings compromised the integrity of the State’s

enforcement program.  

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2.  Following the’time, frame of the violations, the 

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Respondent exhibited due diligence by remedying the violations and

exhibited due diligence in its’ methods of operation by complying

with the requirements of 

‘the

Act, Board and Illinois regulations,      

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and lifetime operating permit no. 98040098. 

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3   Because of a delay 

compliance with requirements, the

parties stipulate that ‘approximately half of the ‘$46,000.00 Oivil   

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penalty against the’Respondent go~sto negate the economic ben~’fit

accrued as a result of’the’ delay in compliance.   

“

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4.  The Complainant contends that the civil penalty to be

paid by the Respondent will serve to deter any future violations’ of

the Act, Board and Illinois EPA regulations, and permit’  

requirements, and will enhance voluntary compliance with State and

federal environmental laws. The ‘Complainant further contends’ that

a~proximatelyhalf of the $46,000.00 civil penalty against the

Respondent is deterrence-based.  

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5.  Respondent represents that ‘it has no previously 

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adjudicated violations of the Act.          

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‘6., Respondent did not voluntarily self-disclose, in 

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accordance with Section 42(i.) of the AOt~~the alleged .violationsto

the Illinois EPA. 

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7.  Respondent has ‘not agreed to undertake’ a’ supplemental

environmental project in settlement. 

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TERMS OF ‘SETTLEMENT

A. .

Penalty 

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The Respondent shall ‘pay’ a ‘civil, penalty of Forty-Six

Thousand Dollars’ ($46,000.00) within’ 30 ic~alendar,daysafter the

date upon which the Board issues a final order accepting this

Stipulation

2   The Respondent’s civil penalty payment shall be made by

check, money order or electronic funds transfer, payable to the

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Illinois EPA for deposit.iii”the Environmental Protection Trust Fund

(“EpTp”) and shall be sent by’first’class mail, unless submitted by 

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electronic funds transfer, and delivered to: 

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Illinois Environmental Protection’ Agency    

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Fiscal Services Division   

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1021 North Grand Avenue East       

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P.O. Box 19276   

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Springfield, Illinois 62794-9276

3.  The name, case number, and Respondent’s Federal Employer

Identification Number (“FEIN”), 98-0167018, shall appear on the

face of the check or. money order. ‘A copy’ of the check, money order~

or record of electronic funds transfer’ and the, transmittal letter

shall be sent to:    

. ,• ‘,            

‘

Michael C. Partée (or other designee)   

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Assistant Attorney General 

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..

Environmental Bureau/North 

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188 West Randolph Street, Suite 2001 

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‘  ‘                           

Chicago, Illinois

60601

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4.

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Fpr purposes of payment and.cOllection, the Respondent’s “‘‘  

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attorney may be reached at the following address

MaryA. Gade  

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Sonnenschein, Nath &

Rosenthal     

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8000 Sears Tower 

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233 South Wacker Drive 

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Chicago, Illinois 60606

5  In the event of default, the Complainant shall be

entitled to reasonable costs of collection, including reasonable

attorney’s fees, as determined by’the Circuit Court. 

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B.  Interest on Penalties’  

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1  As required by Section 42(g) of the Act, 415 ILCS

5/42(g) (2004), interest shall ,accrue on, any penalty’amount: owed by

the Respondent not paid within the time prescribed herein, at the

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maximum rate allowable’under Section”1003(a) of. the Illinois Income

Tax Act, 35. ILCS .5/1003 (a) (2004) 

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2.  Interest on any unpaid penalty shall begin to accrue

from the date the penalty is due and continue to’ accrue to the ‘date’

full payment is received by the Illinois EPA.    

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3.  Where partial payment is made on the penalty amount that

is due, such partial payment shall be first applied to any interest

on the unpaid penalty then owing.    

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4.

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All interest’on the penalty dw,ed the Complainant shall

be paid by check, money order or electronic funds transfer ‘payable

to the Illinois EPA for deposit in the EPTF at the above-indicated

address.

‘

The name, case number, and Respondent’s. FEIN shall appear

on the face of the check or money order. ‘.‘A copy. of the check,

money order or record of electronic funds ‘transfe~ and the

‘

transmittal lett,er’shall be sent to’:   

‘        ‘         

V

Michael C. Partee (or other designee)

S

Assistant Attorney General. 

‘  S   

‘

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S

Environmental Bureau/North 

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V        “  5

188 West Randolph Street, Suite 2001

‘Chicago, Illinois 60601 

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,‘                      

5

“

.  .

C.

Future Use 

‘:

‘

V

V

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Notwithstanding any other language in this Stipulation to the

contrary, the Respondent agrees that this Stipulation may be used

against the Respondent in any subsequent enforcement action as

proof of a,past adjudic~t~onof violation of the Act and the Board

• and. Illinois EPA regulations for all violatioi~isalleged in the’

complaint inthis matter, for purpOses ‘of Section 39(a) and (i)

and/or 42(h) ‘of”the Act, 415 ILCS 5/39(a) and (i~ and/or 5/42(h)

14

(2002). Further, Respondent ag~ees to’waive.any rights to” contest,

in any subsequent enforcement action, any allegations that these

alleged violations were adjudicated.

D.

Cease and Desist ‘            

‘

S

The Respondent shall cease and desist from future violations

of the Act and Board and Illinois EPA regulations that were the

subject matter of

the Complaint as outlined in Section III.C of

this Stipulation.             

V

Release from Liability 

‘ ‘

‘

S

1.  In consideration of the Respondent’s payment of a

$46,000.00 penalty and any accrued interest thereon, the

Complainant releases, waives and discharges the.Respondent from any

further liability or penalties for violations of the Act, Board and

Illinois EPA regulations, and Respondent’s lifetime operating .

permit no. 98040098 that were the subject.matter o’f’the Complaint

herein. The release set forth above does not extend to any matters

other than those expressly specified in the Complainant’s Complaint

filed simultaneous with this Stipulation. The Complainant

reserves, and this’ Stipulation ±.s without prejudice to, all rights

of the State of Illinois against the Respondent with respect to all

other matters, including but not limited to, the following: 

‘,

a.  criminal liability;              

.‘

b’.   liability for future violation Of State, federal,

local, and common laws and/or regulations; 

. .

.

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c.  liabil±ty’for natural resources damage arising’out

of the alleged violations; and”  

, ‘

,. .

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.

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15

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S‘          

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V

d.  liabilityor claims based on the Respondent’s

failure to satisfy the requirements of this StipulatiOn.

2.

‘

Nothing in this Stipulation is intended as a, waiver,

discharge, release, or co,venant not to sue, for any claim or cause

of action, administrative or judicial, civil o~c’riminal,’past.or,

future, in law or in equity, which the State of Illinois or the

Illinois EPA may have ‘against any person, as defined by Section

3.315 of the Act, 415 ILCS 5/3.3i5 (2002), or entity other than

Respondent. 

,   .           

,

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F.

V

Enforcement of Settlement S             

‘

1.

‘

Upon the acceptance of this’Stipulation by the. Board,

any party hereto, upon motion,. may reinstate these proceedings

solely for the purpose of enforcing the terms and conditions of

this Stipulation. This Stipulation is a. binding and, enforceable 

order of the Boardand may be enforced as such through’ any and all

available means.         

‘S

The Respondent agree that notice of any subsequent

proceeding to enforce this Stipulation may be made by mail and

V waives any ±~equirementof service of process. ‘     ,              

.

“

The remainder of this page should’ be blank

16

WHEREFORE, the parties, by their representatives, enter into

this Stipulation and submit it. to the Board that it may be accepted

and entered.

AGREED:

FOR THE COMPLAINANT:

PEOPLE OF THE STATE OF ILLINOIS

by LISA MADIGAN, Attorney General

of the State of Illinois

MATTHEW J. DUNN, Chief

Environmental Enforcement/

Asbestos Litigation Dj.~rision

BY:

~

Environmental Bureal

Assistant Attorney General

DATE: 

~1t~~oLF

ILLINOIS ENVIRONMENTAL

PROTECT ION AGENCY

FOR THE RESPONDENT:

BY:

DATE: 

‘~/~

CFM U.S.

ITS:

DATE: 

V24/v~(

S

17

PCB No. 

_________

(Enforcement - Air)

BEFORE THE POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,  

)‘

by LISA MADIGAN, Attorney General  

)

S

of the State of Illinois,

CLERK’S OFF~m~

AUG H.2o~4

STATE OF iUJ~

PøUution

Cont~o~

Complainant,

v.

CFM U.S. CORPORATION f/k/a

THE VERMONT CASTINGS MAJESTIC

PRODUCTS COMPANY a Delaware

Corporation,

Respondent.

COMPLAINT

S

S

Cothplainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,

Attorney General of the State of,Illinois, complains of’ Respondent,,

CFM U.S. CORPORATION formerly known as THE VERMONT CASTINGS

MAJESTIC PRODUCTS COMPANY, a Delaware corporation, as follows:

A. VIOLATIONS AT RESPONDENT’S FACILITY

IN SKOKIE, COOK COUNTY, ILLINOIS

‘

COUNTI 

,

‘V

S

FAILURE TO SUBMIT AN OPERATING 

PROGRAM

FOR FUGITIVE PARTICULATE 

MATTER EMISSIONS 

, S

1.

This Count is 

brought ‘on behalf of’ the PEOPLE OF THE

V

STATE OF ILLINOIS, ‘by LISA MADIGAN, Attorney General of the State

of Illinois, on her own motion and at ‘the request of the Illi~iois

Environmental Protection Agency (“Illinois EPA”) pursuant to 

Section 31 of the Illinois Environmental. Protection Act (“Act”),

415 .ILCS 5/31’ (2002) 

. ‘

S

‘

2.

The ‘Illinois EPA is an agency ~f the State of Illinois

created by the Illinois General Assembly,in Section 4 of the Act,

415 ILCS 5/4 (2002), and charged, 

inter alia’, 

with the duty of

enforcing the ‘Act in proceedings befOre the Illinois Polluti~n

Control Board (“Board”)

S

‘

3.  At all times 

relevant

to the Complaint, Respondent, CFM

U.S. CORPORATION formerly known 

as THE VERMONT CASTINGS MAJESTIC

PRODUCTS COMPANY, was and is a Delaware corporation authorized to’

transact business in the State of Illinois

4.  THE,VERMONT CASTINGS MAJESTIC PRODUCTS COMPANY changed

its name to CFM U.S. CORPORATION on or about February 25, 2004.

5.

At all times relevant to the Complaint,, Respondent,

doing business’ ‘as CFM HARRIS SYSTEMS, INC owned, and operated

buildings that are adjacent to each other, one located at 7500

North St. Louis Avenue,’ ‘Skokie, Cook County, Illinois, and the

other located at 3501 West’Howard Street, ‘Skokië1’Cook County,

Illinois (collectively, the’ “Skokie facility”) 

S  ,  

‘,

6.  Respondent.assembled fireplace doors an~ screens and

manufactured and’ coated wood, fireplace mantlesat its Skokie

facility from about 1998 until about March ‘2004 ~hen it closed~

7.

Respondent’s Skokie’ facility ‘emitted fugitiye’

particulate matter to the atmosphere ‘from,internal road traffic and

parking’areas.          

5

‘,  S   ‘  

,

S

8. ‘ ,   From about 1998 until May 2002, Respondent operated

‘without submitting: to the Illinois EPA an ‘operating program to

reduce fugitive particulate matter emissions from internal road

traffic and parking areas at its Skokie facility

two’

2

‘9.  Respondent’s Skokie facility was subject to the Act aiid

the regulations promulgated, by the Board and Illinois EPAin Title V

35, Subtitle B of the Illinois Administrative Code.

10. Section 3.165 of the Act, 41.5 ILCS 5/3.165 (2002),

provides as follows:                      

‘

‘V

“CONTAMINANT” is any solid, liquid, or gaseous matter,

any odor, or~any form of energy,’ from whatever source.   

‘

11. Section 3.115 of the Act, 415 ILCS 5/~.l15’(2002),

• provides as follows:            

,

‘

“AIR POLLUTION” is the presence in the atmosphere of one ,,   ,‘

or more contaminants in sufficient quantities and of’

such characteristics and duration as to be injurious to

human~ plant, or animal life, ‘to health, or to property, S

or to unreasonably interfere with the enjoyment of life

or property.                 

.

12. The particulate matter emitted from Respondent’s Skokie.

facility was a “contaminant” as that term is defined in Section

3.165 of the Act, 415 .ILCS 5/3.165 (2002).   

‘ S    ‘         

‘

‘

13. The particulate matter emitted from Resppndent’s Skokie

facility ‘was present in the atmospher’e~in sufficient quantities and

of ‘such characteristics and duration as, to be injurious to human,

plant, or’ animal life, to health, or to property, or to  

‘      ‘

unreasonably. interfere’ with the enjoyment of life’or property and,

therefore, constituted “air pollution” as that term is defined in

Section 3.115of the Act, 415 ILCS 5/3.115 (2002).      

‘

14. Section ‘212.306 of the Board’s Air.,Pollution

Regulations, 35’ Ill. Adm. Code, 212.306,’ ‘provides as follows:

Traffic Areas.      

‘.

S

S

‘

All normal traffic ,pattern access areas surrounding   

:

storage piles specified in Section 212.304. of this   

‘

3

Subpart and all normal traffic pattern roads and parking

facilities which are ‘located on mining or manufacturing S

property shall be paved or treated’ with water, oils or

chemical dust suppressants. All paved areas shall be

cleaned on a regular basis. All areas treated with

water, oils or chemical dust suppressants shall have the

treatment applied on a regular basis,’ as needed,’ in ‘V

accordance with the operating program required by

Sections 212.309, 212.310 and 212.312 of this Subpart.

15. The internal road traffic and parking areas at

Respondent’s Skokie’ facility constituted “traffic area’s” as defined

in Section 212.306 of the Board’s Air Pollution Regulations, 35

Ill. Adm. Code 212.306’.          

,

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•

S

16. Section 9(a) of the Act, 415 ILCS 5/9(a)’ (2002),

provides as follows: 

‘

V

Acts prohibited. No person shall:   

.     ‘S     

‘

‘

•

V

(‘a)  Cause or threaten or allow the discharge or

emission of any contaminant into the eni.~ironmentin 

any state so as to’ cause or tend to cause’ air  V

pollution in’ Illinois, eitheralone or in

combination with contaminants from other sources, ‘  

or so as to violate regulations or standards

adopted5 by the Board under this’ Act;  V

17. Section 212.309(a) of the Board’s Air Pollution

Regulations, 35 Ill. Adm. Code 212.309(a), provides’ as follows:,

Operating Program. V          

‘,                        

5

S

(a) The emission units described ‘in Sections 212.304

through 212.308 and Section 212.316 of this Subpart

shall be operated under the provisions of an

operating program, consiStent with the

requirements

set’ forth in Sections 212.310 and 212.312 of this

‘

Subpart, and prepared by the owner or operato’r and

submitted to the’ .Agency for its review. Such

operating program’shall. be designed to 

significantly reduce fugitive particulate matter

emissions.   

S

S

S V

18. By failing to submit to.the Illinois EPA a~ioperatin~

program to reduce fugitive particulate m~tter emissions from

4

traffic areas at its Skokie facility from about 1998 until May

2002, Respondent ,violated Section 212.309(a) of the Board’s Air

Pollution Regulations, 35 Ill. Adm. COde 212.309(a)

19. By violating Section 212.309(a).of the Board’s Air

Pollution Regulations, 35 Ill. Adm. Code 212.309(a), Respondent

• also violated Section 9(a) of the Act, 415 ILCS 5/9(a) (2002).

WHEREFORE, Complainant,’ PEOPLE OF THE ‘STATE OF ILLINOIS,

respectfully requests that the Board ‘enter an order’ in favor 

Complainant and against Respondent, CFM U.S. CORPORATION formerly

• known as THE VERMONT CASTINGS MAJESTIC PRODUCTS COMPANY, on. this

Count I:                  

‘S

‘ ‘S                                                     

‘

1.  Authorizing a hearing in this matter at which time

Respondent will be required to answer the allegations.herein;

2.  Finding that Respondent violated the Act and regulatiOns

as alleged herein;    

S   ‘

3.  Ordering Respondent to cease and desist from any further

• violations of the Act and regulations;’ 

‘,   

‘

4.  Assessing against Respondent a Oivil penalty of fifty

• thousand dollars ($50,000.00.) for each violation’Of the’Act and’

regulations,’ and an additional’ penalty of ten thousand dollars

($10,000 00) for each day during which each violation continued

thereafter;    

‘

S

,

‘

5.  Awarding to’ Complainant its costs and reasonable

attorney’s’fees pursuant to Section 42(f) of the Act, 415 ILCS

5/42(f) (2.002); and 

•

5’,       

‘

‘

5

6.

Granting such other relief as the Board deems

appropriate.   

V

•

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,    S

COUNTII        

S

,

FAILURE TO CERTIFY EXEMPTION FROM 

,   ~,

BOARD’S WOOD FURNITURE COATING REGULATIONS 

V

V

1-9. Complainant realleges and incorporates by’ reference

herein paragraphs 1 through 9 of. Count I as paragraphs 1 through 9

of this Count II. .                 

S

‘

‘

. V

10. Resp,ondent constructSd emission soutces at its SkoJcie

facility between 1997 and 1998, including a curing oven, burn-off

oven, and wood coating line.        

‘V                

S

S

11. Respondent used coatings, and coating thinners and

solvents in its wood coating line, which resulted in the emission

of volatile organic materials (“VOW’) to the atmosphere from the

Skokie facility.      

S

•

.

S

12. Respondent

operated the curing oven,.burn-offoven and

wood coating line from ‘about 1998 until about March ‘2004.

13. At the time Respondent started operating it,s ~ood

coating operations in about 1998, Respondent was required. to .no~ify

the Illinois. EPA that said operations were exempt from the Board’s

Air Pollution Regulations for wood furniture coating’ at Part 218 of

the Board’s Air Pollution Regulations under 35 Iii. Adm. Code.

14~l5. V Complainant realleges and incorporates by reference

herein paragraphs 10 and. 11 of Count,I as paragraphs’14 and 15 of

this Count II. 

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16. The VON emitted from Respondent’s Skokie facility was a

“contaminant” as that term is defined in.Section 3.165 of the Act,

6

415 ILCS 5/3.165 (2002)

17. The VOM emitted from’Respondent’s Skokie facility was

present in the atmosphere in sufficient quantities and of such

characteristics and duration as to be injurious’ to human, plant, or

animal life, to health, or to property, or to unre’asoi~ably

interfere with the enjoyment of life or property and, the.refore,

constituted “air pollution” as that term is defined in Section

3.115 of the Act, 415 ILCS 5/3.115 (2002) 

S

18. Complainant realleges and incorporates by reference

herein paragraph 16,of COunt las paragraph 18 of this ‘Count II.

19. Section 218.211(b) (2) of the Board’s Air Pollution  

V

Regulations, 35 Ill. Adm. Code 218.211(b) (2)., provides as” follows:

Recordkeeping and Reporting.   

S

(b) , Any owner or operator of a, coating line whi’ch is

exempted from the limitations of Section 218.204 of

the Subpart because of Section 218.208(a) or 

(b)

of

this ,Subpart shall comply with the following:

(2)  For sourcesexempt under Section 218.208(b) of

this Subpart, by’ March 15, 1998, or upon V

initial start-up, the owner or operator of a

coating line ‘or a ‘group of coating lines

referenced in subsection (b) of this Section

shall certify to the Agency that the source is

exempt under the provisions of, Section,. 

‘

V   218.208(b) of this Subpart. Such

certification” shall include:

(A) A declaration that the source is exempt

‘from the limitations of Section

2l8~204(l) of this Subpart because of

Section 218.208(b). of ‘this Subpart; ‘and

(B) Calculations which demonstrate that

the source meets the criteria for

n

H.’

7

exemption because ‘of Section ,

218.208(b) of ,this Subpart.

.20. Section 218.208(b) of the Board’s Air Pollution

Regulations, 35 Ill. Adm. Code 218.208(b), provides as follows:

Exemptions from Emission Limitations.

(b) Applicability for wood furniture coating 

V

(1) The limitations 

this Subpart shall apply.to

a source’s wood furniture coating lines if the

source contains’process emission units, ,not,

regulated by Subparts B, E, F (excluding.

Section 218.204 (1.) of this Subpart).,. H

(excluding Section 218.405’ of this Part),’ 

Q,

R, S, T (excluding Section 218.486 of this

Part), V,d”X, Y, or BE of this Part, ‘which as a

group both: 

‘  ‘    

‘

S

.

‘~

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(A) Have a maximum.theoretical emissions of V

91 Mg (100 tons) or more per calendar

year of VOM’if no air pollution control

equipment were.used; and 

‘

‘

S

(B) Are not limited to less than 91 Mg (.100

tons) of VOM per calendar year if ‘no air

pollution control’ equipment.were used’,

through production or. capacity .  ~ S

limitations contained in a federally

enforceable permit or SIP revision..

(2)

‘

The limitations o,f this subpart shall apply t,o

a source’’~wood furniture coating lines, on

and after March 15, 1996, if the source

S

contains process emission units, which as a’

group, have a. potential to emit 22.7 ‘Mg5(25

tons) or more of VON per calendar year, and

have,not limited emissionS to less than 22.7

Mg (25 tons) of VOM per calendar year through

production or capacity limitations contained

in a federally enforceable operating permit or

SIP ‘revision, and which: 

‘

(A) Are not regulated by’Subparts B, E,’ ‘F

(excluding Section218.’204 (1’) of ‘this

‘Subpart), H, 

Q, R, .5, T 

(excluding

Section 218 486 of this Part), V, X, Y, Z

or BE of this ‘Part; and ,

***

‘“‘S

S

‘Hi.,.

8

(B) Are not included in any.of ‘the following.

categories:’ synthetic organic .chemica.l

manufacturingindustry (SOCMI)

distillation, SOCMI reactors, plastic

parts coating (business’ machines),

plastic parts coating. (other), offset

lithography, industrial wastewater,

autobody refinishing, SOCMI batch

processing, volatile organic liquid’

storage tanks and clean-up solvents

S

operations.

(3) If’ a source ceases to fulfill the criteria of

subsection (b) (1) or (b) (2) of’this Section,

the limitations of Section 218.204 (1) of this

Subpart shall continue to apply to any wood

furniture coating line which’ was ever subject’

to the limitations of Section 218.204 (1) of

this Subpart.  

V

(4) For the purposes of subsection (b’) of this.

• Section, an emission unit shall be. considered

to be regulated by a Subpart if. it is subject’

to the limitations of that Subpart. An

emission. unit is not considered regulated by a

• Subpart if it is not subject to the limits of

that Subpart, e.g., the emission unit is

covered by an exemption in the Subpart or the

applicability criteria of the Subpart are’ not

met.

(5)~Any owner or operator of a wood furniture

coating line to which the limitations of this

Subpart are not applicable due to the criteria

• in subsection. (b) of this Section shall, upon

request by the Agency or the USEPA, submit,

records to the Agency and the USEPA within 39

calendar days from the date of the request

• that document that the coating line is exempt,

from the litrtitations of this Subpart.  

‘,

21. RespOndent’s wood coating line met the exemption

criteria under Section’ 218.208(b) of the’ Board’s Air Pollution ‘S

Regulations, 35 Ill. Adm. Code 218.208(b).’   

.     S

S  5       

22. However, in order to 

avoid, the permitting requirement.,

Respondent was required to certify to the Illinois EPA upon initial

start-up in about 1998 that its’ wood coating line was exempt 

“

‘    S     

‘~~S

9

S   pursuant to Section 218.211(b) (2) of the Board’s Air Pollution

Regulations, 35111. Adm. Code 218.211(b) (2).’  ‘                           

5

23. Respondent failed to certify to the Illinois EPA upon.

• ,

start-up in about.1998 that its wood coating line was exempt.’ 

‘

24. By failing to certify to the Illinois EPA upon start-up

in about 1998 that its wood coating line was exempt, Respondent

violated SectioP 218.211(b).(2) ‘of the Board’s Air Pollution” S

Regulations, 35 Ill. Adm. ,Code 218.211(b) (2) 

V

S

25. By violating Section.218.2l1(b) (2) of the Board”s, Air.

Pollution Regulations, 35 Ill. Adm. Code 218.211(b) (2), Respondent

also violated Section 9(a)’ ,of the Act, 415 ILCS 5/9(a) ‘(2002).

WHEREFORE, Complainant,’ PEOPLE OF THE STATE OF ILLINOIS;’  S

respectfully requests that the Board enter an order in favor. ‘of

Complainant and against’Respondent, CFM U.S. CORPORATION formerly

known as THE VERMONT CASTINGS ‘MAJESTIC ‘PRODUCTS ‘COMPANY, on’ this

Count II:                 

.~

‘S.               

S

1.  Authorizing a hearing in this matter at which time,

Respondent will be required to answer’ the allegations herein’;

2  Finding that Respondent violated the Act and regulations

‘as alleged herein;’    

S

‘

‘

‘

S    ,     

,

.‘

3   Ordering Respondent to cease and desist from any further

violations of the Act and regulations;   

,‘                   

,

4.

“

Assessing against Respondent a civil penalty of fifty

thousand dollars ($50,000 00) for each violation of the Act and

regulations, and an additional penalty of ten thousand dollars

($10,000 00) for each day during which each violation continued

ao

thereafter;

5.  Awarding to Complainant its’costs and reasonable

attorne~”s fees pursuant to Section 42(f) of the Act, 415 ILCS

5/42(f) (2002); 

and

S

6.  Granting such other relief as the Board deems

appropriate. 

S

COUNT III      

S  ,                           

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FAILURE TO SUBMIT ‘COMPLETE ANNUAL EMISSIONS REPORTS.

1-13. Complainant realleges and incorporates by reference

herein paragraphs 1 through 13 of Count II, 

as

paragraphs 1 through

13’ of this Count III. 

‘

.

S

V  14. Respondent submitted Annual Emission Reports for its

Skokie facility to the Illinois EPA for the years 1998 through

2001, 

but Respondent did not include emissions of wood coatings,.

coating thinners, and solvents in any of these reports.

.15-19. Complainant realleges and incorporates by reference

herein paragraphs 14’ through 18 of Count II as paragraphs 15

through 19 of this Count III.            

.

S

20.

Section 201.302(a) of the Board’s Air Pollution’ 

S Regulations, 35 Ill. Adm. Code 201.302(a), provides as follows:

S

Reports. 

S

‘

S

(a) The owner or operator of any emission unit or air

pollution control equipment,unless specifically

exempted in this Section, shall submit to the

Agency as a minimum,’ annual reports detailing the’

nature, specific emission units and total annual

quantities of all specified air contaminant S

emissions; provided, however, that the Agency may

require more frequent reports where necessary to

accomplish the purposes ,of ,the Act and this 

‘

‘

Chapter.   

11

• ‘

21. Section 254.132(a)’of ‘the Illinois ‘EPA’s Ai,r Pollution

‘Regulations, 35 Ill. Adm. Code 254.132(a), provides ‘as follows:

Failure to File a Complete Report.      

‘

•  (a) 

Failure to file a complete Annual Emissions Report

~by the applicable deadlines prescribed in Section

254.137(a) of this Subpart shall be a violation of

this Part and 35 Ill. Adm. Code 201.302(a).   

5

22. By failing to include’ emissions of wood coatings,~ ‘‘ V

coating. thinners, and solvents in its Annual Emission Reports’ for

its’ Skokie facility for the years 1998 through 2001, Respondent

failed to’submit complete reports to the.Illinois EPA for these

years.       

‘

.   S ,        

‘,           

S

23. By failing to submit complete Annual Emission Reports to

the Illinois EPA for the’ years 1998 through. 2001, Respondent  S

violated Section 201.302(a) of the Board’s Air Pollution   

.,,                 S.

Regulations, .35 Ill. Adm. 

Code 

201.302 (a), ‘and Part 254 

of the

Illinois EPA’s Air Pollution Regulations, 35 Ill.’ Adm. Code Part V

254

24 By violating Section 201 302(a) of the Board’s Air

Pollution Regulations, 35 Ill., Adm. Code 201.302(a), -and Part5254

of the Illinois EPA’s Air Pollution Regulations, 35 Ill. Adm. ‘Code

Part 254, Respondent also violated Section 9(a) of the Act, 415

ILCS 5/9(a) (2002)

WHEREFORE, Complainant, PEOPLE OF ‘THE STATE OF ILLINOIS, 

‘

‘

respectfully requests5 that’the Board enter an order in favor of

Complainant and against Respondent, CFM U.S. CORPORATION formerly’ “S

known as’ THE VERMONT CASTINGS MAJESTIC PRODUCTS COMPANY’, on this ~‘

Count III: 

‘

S

,

‘‘ S        

‘

, .

‘~‘

.12

1. ‘ Authorizing a hearing in this matter at which time

Respondent will be required to answer the allegations herein;

2.’   Finding that Respondent violated the Act and regulations

as alleged herein;  

3.  Ordering Respondent to cease and desist from any further

violations of the Act and regulations;

4.  Assessing against:Respondent a’ civil penalty of fifty

thousand dollars ($50,000.00)’ for each violation of the Act and

regulations, and an additional penalty of ten thousand dollars

($10,000.00) for each day during which each yiolation continued

S

thereafter;        

‘

5.  Awarding to Complainant its costs and reasonable

attorney’s fees pursuant to Section 42(f) of the Act, 415 ILCS

• 5/42(f) (2002); and   

‘

S

‘

‘

.6.’   Granting such other relief 

as

the Board deems

appropriate.           

COUNTIV 

‘

CONSTRUCTING AIR POLLUTION EMISSION SOURCE

S

,

WITHOUT ‘CONSTRUCTION PERMIT  

,

1-9  Complainant realleges and incorporates by reference

herein paragraphs 1 through 9 of Count I as paragraphs 1 through’9

of this Count IV.  

‘

‘

‘

‘S  

‘

10.

‘

Respondent also constructed ‘a powder coating line with a

cure oven in about 1999 at its Skokie facility

• ‘

‘.11..  The powder coating line’with cure oven, that Respondent

constructed in about 1999 at its Skokie facility had the capability

of causing or contributing nitrous oxides (“NO~”), carbon monoxide,

13

(“CO”) and VOM to the atmosphere. 

‘

12. On May 30, ‘2000, the ‘IllinOis EPA issued construction

permit no. 00030009 to Respondent for the powder coating line with

cure oven at its Skokie facility. 

S ‘

S

‘.

13-14. Plaintiff realleges and incorporates by reference herein

paragraphs 10 and 11 of Count I as paragraphs 13 and 14 of this

Count Iv.:         

.

. ‘

V

‘

‘

S   ‘

15. NOR, CO and VOM are “contaminants” as that term is

defined in Section 3.165 of’ the Act, .415 ILCS 5/3.165 (2002)   

5

16.

The powder coating line with cure oven had’ the

capability to emit one or more Of these contaminants to’the

atmosphere in sufficient quantities and of such characteristics .and:

duration as to be ix~juriousto human, plant, or animal life, to

health, or to property, or to unreasonably interfere with the .

enjoyment of life or property and, therefore,’ as to cOnstitute “air 

‘

‘S

pollution” as that term is defined in Section 3~115of the Act, 415’

ILCS 5/3.115 (2002) 

‘S   

.i’

S

17. Section 9(b) of the Act, ‘415 ILCS 5t9(b) (2002), 

‘

~‘         

‘S

provides as follows: ‘                             

,  ‘             

,

H

‘,

‘No person shall: ‘  ‘        

,

‘

‘

,  V               

,

.

‘

..‘S  

‘

(b) ‘Construct, install, or operate any, equipment, V    ,,     ,‘

facility, vehicle, vessel, or aircraft capable’of

causing or contributing t,o air pollutiOn or

designed to prevent air pollution, of any type

designated by Board regulations, Vithout a permit

granted by’ the Agency, or:. in violation o’f any

• .

S ,.conditions imposed’ by such permit; 

‘

S

14

18. Section 201.142 of the Board’s Air Pollution

Regulations, 35 Ill. Adm. Code 201.142, provides, in relevant part,

as follows: 

‘

Construction Permit Required.

NO person shall cause or allow the construction of any 

‘

new emission source or any new air pollution control

equipment, or cause or allow the modification of any

existing emission source or air pollution control

equipment, without first obtaining a construction permit

from the Agency     

S

19. , Section 201.102 

of the 

Board’s Air PollutioH

Regulations, 35 Ill. Adm. Code 201.102, provides, in relevant part,

• .

as follows: 

V

Definitions                   

,

•

***

“Emission Source”: any equipment or facility of a. type

capable of emitting specified air contaminants into, the

V

•

atmosphere.   

‘

.

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•

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“New Emission Source”: any emission source, the

‘construction or modification of’which is commenced’ on or

after April 14, 1972.           

5 5   .,

20. The powder coating line’ with cure oven at Respondent’s’.

• .

Skoki,e facility, which’was constructed afterApril 14, 1972, was a

•“new emission source” as that term is defined in Section 201.102 of 

‘

‘

the Board’s Air Pollution Regulations

21.

‘

Respondent failed to obtain’, a construction permit from    

S

the Illinois EPA prior to causing or allowing the construction of

‘this new emission source in about 1999.         

‘

S

‘

15

.

V

‘22. By failing to obtain a construction permit from the V

Illinois EPA prior to causing or allowing construction of this new

‘S      

emission source in about 1999, Respondent’ violated Section 9(b) of

the Act ,and Section 201.142 of the Board’s Air Pollution

Regulations.                  

S

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully:requests that the Board, enter an’order in favor of

Complainant and against Respondent, CFM U.S. CORPORATION formerly

known as THE VERMONT CASTINGS MAJESTIC PRODUCTS COMPANY, 

on this

Count IV:  

.

.

V

‘

S

1.  Authorizing a hearing in’this matter at which time

Respondent will be required to, answer’ the allegations herein;

2.  Finding that ‘Respondent violated the Act and regulations.

as alleged herein; 

•

.. . .

‘

‘

3.  Ordering Respondént,to cease’and desist from any further

violations of the Act and regulations;            

S

4.’ 

,

Assessing against Respondent a civil penalty of fifty

thousand dollars ($50,000.00) for each violation of the Act and

regulations, and an additional penalt~’of ten’ thousand dollars

($10,000.00) ‘for each day’ during which eachviolation continued.’

thereafter;              

‘

S

•

‘

5.  Awarding to Complainant its costs and,reasonable

attorney’s fees pu~suantto Section 42 (f) of the Act,’ ~l5 ILCS

5/42(f) ‘(2002)’; and   

‘S     

•

,   ‘‘   

‘S              

.

•

6.

Granting such other relief as the Board’deems   

S

appropriate.    

‘

.

‘

‘‘ ~.

‘

,‘,         

16

‘

B. VIOLATIONS AT RESPONDENT’S FACILITY

IN LINCOLNWOOD, COOK COUNTY, ILLINOIS

COUNTV     

S

S

FAILURE TO SUBMIT AN OPERATING PROGRAM

FOR FUGITIVE PARTICULATE MATTER EMISSIONS

1-4. Complainant realleges and incorporates by reference

‘herein paragraphs’ 1 through 4 of Count I as paragraphs 1 through 4

of this Count V.                   

S

.

5.  At all times relevant to the Complaint, Respondent,

doing business as CFM HARRIS SYSTEMS, INC., owned and operated a

building located at 7084 North McCormick Boulevard, Lincolnwood,

Cook County, Illinois (“Lincolnwood facility”)..  

S

6.

‘

Respondent cast and coated concrete fireplace logs and

“coated other metal fireplace accessories at its Lincolnwood

‘facility from about August 1998 until early 2004 when it closed.

7. 5 Respondent’s Lincolnwood facility emitted fugitive

particulate matter to the atmosphere from a pile of aggregate and

parking areas.  

S

8.  From about August 1998 until May 2002, Respondent

operated without submitting to the Illinois EPA an operating 

program to reduce fugitive particulate matter emissions from the

pile o,f aggregate and parking areas.     

9.  Respondent’s Lincolnwood facility was subject to the Act

and the regulations promulgated by the Board and Illinois EPA. in

‘Title35, Subtitle B of the Illinois Administrative’ Code. ‘   ‘,                         S

10-11. Complainant realleges and incorporates by reference

herein paragraphs 10 and 11 of Count I as~paragraphs 10 and 11 of

17

this Count V. 

‘

12. The particulate matter emitted from Respondent’s

‘5  Lincolnwood facility was a “contaminant” as that term is defined in

Section 3.165 of the Act, 415 ILCS 5/3.165. (2002) 

13. The particulate matter emitted from Respondent’s

Lincolnwood facility was present’in the atmosphere in sufficient

quantities and of such characteristics an~.duratiOn, as to be

injurious to human, plant, or animal life, to health, or to

property, or to unreasonably interfere with .the’enjoyment of life

or property and, 

,

therefore,  

titud “air pollution” as that

term is defined in Section 3.115 of the,Act, 415 ILCS 5/3.115 V

(2002) 

5’                                  

5

..

.

14. Complainant realleges and incorporates by reference

herein paragraph 14 of Count I as paragraph 14 of this Count V.

15. The the pile of aggregate and parking5 areas at

Respondent’s Lincolnwood facility constituted “traffic areas” as

defined in Section 212.306 of the Board’s.Air Pollution    

S

Regulations, 35 Ill. Adm~ Code 212.306. .         

‘S

16-17. Complainant realleges and inco~poratesby reference

herein paragraphs 16 and 17 of’ Count I as paragraphs ‘16 and 17 of

this Count’ V..                       

S

S

.18. By failing to submit to the Illinois EPA ,an operating

program to reduce fugitive particulate matter. emissions from

traffic areas at its Lincolnwood facility from about August 1998

until May 2002, Respondent violated’ Section 212.309(a). of the     

S

Board’s Air Pollution Regulations, 35. Ill. Adm. Code 212.309(a).

18

19. By violating Section’ 212.309(a) of the Board’s Air~

Pollution Regulations, 35 Ill. Adm. Code 212.309(a)’, Respondent

also violated Section 9(a) of t’he Act, 415 ILCS 5/9(a) (2002’)

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that,the Board enter an order in favor of

Complainant and against RespOndent, CFM U.S. CORPORATION formerly

known as THE VERMONT CASTINGS MAJESTIC PRODUCTS COMPANY, on this,

Count V:         

‘

S

1.  Authorizing a hearing in this matter at which time

Respondent ~i1l be required to answer the allegations herein;

2.

‘Finding that Respondent violated the Act and regulations

as alleged herein;

3.  Ordering Respondent to cease and desist from any further

violations of the Act and regulations;         

.

S

4• 

Assessing against Respondent a civil penalty of fifty

thousanddollars ($50,000.00) for each violation of the Act and

regulations, and an additional penalty of ten thousand dollars’ ‘‘

($10,000.00) for.each day. during which each violation continued

thereafter; 

‘

,‘  

S

‘

5.  Awarding to Complainant ‘its costs and’reasonable    

S

attorney’,s fees pursuant to Section,42(f) of the Act, 415 ILCS

5/42(f) (2002), and

6.  ‘,Granting such other relief as the ‘Board deems

appropriate.    

. .

I

‘

‘S                 

,

.

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19

COUNT VI

S

USE

OF NONCOMPLIANT COATINGS

1-9.  Complainant realleges and incorporates by reference

herein paragraphs 1 through 9 of Count V as paragraphs 1 through 9

of this Count VI.

10. On July 13, 1998, the Illinois EPA issued lifetime

operating permit no. 98040098 to Respondent for a painting

operation utilizing a cure oven at its Lincolnwood facility.

11. Respondent started the painting operation at its

Lincoinwood facility in about August 1998.        

5

12. Respon’dent used coatings,. coating thinners, ‘and solvents

in its painting operation, which resulted in the emission of VOM to

the atmosphere from its Lincolnwood facility.  

‘‘

V

13. From about August 1998 until 2000, Respondent applied

‘coatings in its painting operation that contained approximately

5.96 pounds of VOM per gallon of coating. ‘       

. .

“

14-15. Complainant realleges and incorporates by reference  S

herein paragraphs 10 and 11 of Count I as paragraphs 14 and 15 of

this ,Count VI. 

S

‘

‘

‘

S

‘

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16. The VOM ‘emitted from Respondent’s.Lincolnwood. was a

“contaminant” as that term is defined.in Section 3.165 of the Act, 

•

415 ILCS 5/3~165 (2002) 

‘S

17. The VON emitted from Respondent’s Lincolnwood facility

‘was also present in the ,atmosphere in sufficient quantities and of

such characteristics and duration as to be injurious to human,

plant, or animal life, to health, or toproperty,’ ‘or..to   

..

20

unreasonably interfere’with the enjoyment ‘of life or property and,’’

therefore, constituted “air pollution” as that term is defined in

Section 3.115 of the Act’, 415 ILCS 5/3.115 (2002) 

18. Complainant realleges and incorporates by reference

herein paragraph 16 of Count I as paragraph 18 of this Count VI.

19.

‘

Complainant’ realleges and incorporates by reference

herein paragraph 17 of Count IV as paragraph 19 of this Count VI.

20.

Section 218.204(j) (2) (B) of the Board’s Air Pollution

Regulations, 35 Ill. Adrn. Code 218.204(j) (2)(B), provides, in

V

• ,

relevant part,. as follows:        

.

‘         ‘     

V

Emission’ Limitations.

Except as provided in Sections 218.205, 218.207, 

218.208, 218.212, 218.215 and 218.216 of this Subpart,’

• ,

‘no ,owner or operator of ,a coating line shall apply at

any,‘time any coating in which the VOM content exceeds,

the ‘following emission limitations for the specified

coating. Except as provided in Section 218.204(1),

compliance with’ the emission limitations marked with an

asterisk in this Section is’ required on and after March

15, 1996, and compliance with emission limitations not

marked with an asterisk is required until March 15,

1996. The following emission limitations are expressed

in. units of VOM per volume of coating (minus water and

any. compounds which are specifically exempted’ from the

definition of VOM) as applied at each coating 

‘ .

‘.

applicator,, except where noted. Compounds which are,

specifically exempted from the definition of VOM should  ‘

‘be treated as water for the purpose of calculating ‘the

“less water” part. of the coating composition.      

S

Complia.nce’with this Subpart must be demonstrated

through’ the.applicable coating analysis test methods and

procedures specified in. Section 218.105(a) of this Part

and the recordkeeping and reporting requirements 5’

specified in Section 218.211(c) of this Subpart except      

S

‘where noted. (Note: The equation presented in Section    

. ...

218 206 of this Part shall be used to calculate emission

limitations for

determining compliance by ‘add-on.         

‘S                      

‘5

S  contro,ls, credits for transfer efficiency, emissions    

.   S

trades’ and cross-line averaging.) The emission     

‘

‘,‘.

limitations are as follows:  

S

‘ .

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V

21

‘‘S          

(j)

Miscellaneous Metal Parts and Products,Coating

(2)

Extreme performance coating  

(B) Baked  

0.42 kg/l    

(3.5) lb/gal

0.40 kg/l*   

(3.3) lb/gal*

21. Special Condition 3(a) of Respondent’s lifetime

.operating permit no. 98040098 provided as follows: V

This permit is subject to standard conditions attached.

hereto and the following special condition(s):

S

‘‘S         

S

(3) Pursuant to 35 Ill. Adm. Code 218.204(j) (4) (B)

sic

and 218.986(b), no owner or operator of a

•

coating line shall apply at any time any coating in

which the VOM content (minus water and any

V

compounds which are specifically exempted from.the

definition of VOM)

as applied at each coating

applicator,

exceeds the following emission

•

limitations:          

V

S

(a)

‘

‘Baked Extreme Performance Metal Coating

S

shall not exceed 3.3 lb/gal;

•

22.

The coatings applied in Respondent’s painting operations

‘from about August 1998 to 2000 contained appro*imately 5.96 .pounds

of VOM per gallon of coating, which ‘exceeded the 3.3’pounds of VOM

per gallon limit in Section 218.204(j) (2) (B) of the Board’s Air

Pollution Regulations, 35 Ill. Adm. Code 218.204(j) (2) (B), and in

Special Condition 3(a) of’Respondent’s lifetime operating permit

no.’ 98040098.  

‘S                                   

,   . 

‘

23. ‘By 

applying coatings with VON that exceeded 3.3 pounds

per gallon from ‘about August 1998 to 2000, Respondentviolated

22

-

Section 218.204(j) (2) (B) of the Board’s Air Pollution Regulations, 

‘

~    Ill. Adm. Code 2l8.204(j)(2).(B), and Special Condition. 3(a) of

S   Respondent’s lifetime operating permit no. 98040098.

24. By violating Section 218.204(j) (2) (B) of the Board’s Air

S

‘

Pollution Regulations, 35 Ill. Adm. Code, 218.204(j) (2) (B), and

Special Condition 3 (a) of Respondent’s lifetime operating permit

no. 98040098,”Respondent also violated Sections 9(a) and (b) of the

Act, 415 ILCS 5/9(a) and (b) (2002).     

5

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, 

‘

V  respectfully requests that the Board’ enter an order in favor of

,

Complainant and against.Respondent, CFM U.S. CORPORATION formerly

• ‘ ‘

known as THE VERMONT CASTINGS MAJESTIC PRODUCTS COMPANY, on this

Count VI’: ‘                     

S

S

1. , .Authorizing a hearing in this matter at which time ‘

Respondent will be required to answer the allegations herein,

2.

Finding that Respondent violated the Act and regulations

• as alleged,herein;  

.,

,‘

3,.   Ordering Respondent to cease and desist from any further

violations’of the Act and regulations;  

‘

S

,

‘.

4   Assessing against Respondent a civil penalty of fifty

‘thousand dollars ($50;000.00) for each violation of the Act and

regulations, and an additional penalty of ten thousand dollars

($10,000.00) for each day during which each violation continued 

.

S

thereafter; 

‘  ‘. 

,~

‘

V

‘

‘. .

,

S

5   Awarding to Complainant its costs and reasonable

attorney’s fees’ pursuant to ,Section 42(f) of the Act; 415 ILCS  

23

5/42(f) (2002); ‘and

6.  Granting such other relief as. the Board deems

appropriate.

S

. ‘

COUNT VII

FAILURE TO MAINTAIN OPERATING RECORDS

•

1-13. 

Complainant realleges and incorporates by reference

herein paragraphs 1 through 13 of Count VI as paragraphs 1 through

13 of this Count VII.  

‘

.

.

‘

S

‘

14. Respondent did not collect and maintain specific

• . .

information regarding the’coatings, coating thinners and solvents

used in its painting operation from about August’ 1998 through June

“2002, including but not limited to the types, VOM’content, actual

usage rates and amounts, and VON emissions therefrom. 

1.5-20. Complainant realleges and incorporates by reference 

V

,herein paragraphs 14 through 19 of’Count VI as paragraphs 15’

through 20 of this Count VII. ,‘                     

S

‘

,

•

21. Section 218.211(c) (2) of the Board’s Air Pollution

Regulations, 35 Ill. Adm. Code’ 218.211(c) (2), provides as follows:  

,  S   ,   Recordke.eping and Reporting.  

S

•~

S

(c) Any owner or operator,of a coating line subject to     

the limitations of Section 218.204 of this Subpart

•

other than Section 218.204 (a) (2) or (a) (3) of this

•  ,           

Subpart and complying by means of Section.2l8.204

of this Subpart shall comply with the following:

(2)  On 

and’after ‘a date consistent with.Section

218.106 of this Part, or’on and after the

V     ‘  

‘

initial start-up date, the owner ‘or operator

of a subject coating ‘line shall collect. ‘and 

“

‘

V

‘  ,                   

record allof the following information each

day for each coating line and maintain’the V  “       

‘

S

information  at 

the, source for a period Of 

‘,.

three years:    

,

‘‘ S

24

‘(A) ‘ The name and identification number of

each coating as applied on each coating

line;

(B) The weight of’,VOM per volume of each

coating (minus water and any compounds

which are specifically exempted from the

S          definition of VOM) as applied each day on

each coating line;

(C)

‘

On ,and after March 15, 1998, for coating

lines subject to the limitations of

Section 218.204(1) (2) (A) or (B) of this

Subpart, the weight of VOM per weight of

solids ‘in each coating as applied each

day on each, coating line and certified

product data sheets for each coating; and

(D) On and after March 15, 1998, for wood

furniture coating spray booths subject to

the limitations of Section

218.204(1) (4) (A) of this Subpart, the

weight of VON per weight of solids in

each ,strippable spray booth coating as

• . .

.     applied each day on each spray booth and

certified product data sheets for each

S

,

‘

coating. 

22. 5  Special Cor~iditions7(a) (i) through (v) of Respondent’s

lifetime operating’ permi.t no.’ 98040098 provide as follows:

This permit’ is subject to’ standard conditions attached

hereto. and th,e following special condition(s)

•

~‘‘   

‘

~‘          

(a) The ‘Permittee ‘shall collect, calculate’

‘and record the following information on

at least a monthly basis:

(i)

‘ ,‘

, A~list giving the x~ameand

• .

identification number of each

coating, solvent, clean-up

‘

solvent, and any other material

used.containing VON and/or HAP;

(ii).  ‘    VOM’content in pounds VON per

gallon of coating as applied

(minus water and any compounds

which are specifically exempt

from the definition of VON) for

25

each coating used;

Actual usage rate of each

material containing VOM and/or

HAP, in gallons per month;

The calculated monthly and

annual usage, in pounds of VON

and pounds of each HAP; and

sic

23.

‘

‘By failing to collect and maintain the information

‘specified under Section 218.211(c) (2) of the Board’,s’Air Pollution

Regulations, 

35 Ill. Adm. Code 218.211(c) (2),. and Special

Conditions 

7(a) 

(i) through (v) of Respondent’s lifetime operating

permit no. 98040098 from about August 1998 throug’h June 2002,

S   Respondent violated these provisions of the Board’s Air Pollution

“Regulations and Respondent’s lifetime operating permit no.

98040098

24. By violating Section 218.211(c) (2) of the Board’s Air

S   Pollution Regulations, 35111. Adm. Code 218.211(c) (2.),, and Special

Conditions 7(a) (i) through (v) of Respondent’s lifetime operating 

S

permit no. 98040098, ,Respondent also violated Sections’ 9(a)’ and (b’)

of the Act,, 415 ILCS 5/9(a) and (b) (2002). ‘   ‘S      

S

,

S

‘,

‘WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,    

V

respectfully requests that the Board enter an order in favor of

‘V  

,   Complainant and against. Respondent, CFM U.S. CORPORATION formerly

known as THE VERMONT CASTINGS MAJESTIC PRODUCTS COMPANY, on this

(iii)

(iv)

(v)

Emissions of VON, total

combined RAPs,’ and of single

HAPs on a monthly basis ‘and 12’

month running total’ basis in

pounds per month’, and,tons per

year.          

. .

26

Count VII:’

1. ~‘ ‘Authorizing a hearing in this matter at which time  

V

Respondent will be required to answer the allegations herein;

2.  Finding that Respondent violated the Act and regulations

as alleged herein;.’   

S

3  Ordering Respondent to cease and desist from any further

violations of the Act and regulations;

4.

Assessing against Respondent a civil penalty of fifty

thousand dollars ($50,000.00) for each violation of the Act and

S

~regulations, and an additional penalty of ten’ thousand dollars

S ($1Q,000.00)’ for each,day ‘during.which each violation. continued

thereafter; 

‘

V

5.’ Awarding’to Complainant its costs and reasonable

atto±ney’s fees ‘pursuant to Section 42(f) of the Act, 415 ILCS

H

5/42(f) (2002); and 

‘

‘

•

‘6. .   Granting such’other relief as the Board deems

appropriate.   

V

‘, 

‘

‘   ‘  

.

S

‘

‘

S

COUNT VIII

FAILURE TO SUBMIT COMPLETE ANNUAL EMISSIONS REPORTS

1-13. 

Complainant .realleges and incorporates 

by

reference

herein paragraphs ,1 through ‘13 of Count VI as paragraphs 1 through

13’ of this Count VIII. 

‘

‘

‘.

14. Respondent submitted’Annual Emission Reports for its  ‘  

‘

V

Lincolnwood’facility, to the Illinois EPA for the ‘years ‘1998 through

2001, but Respondent did not include emissions of coating thinners

and solvents in any of ‘these reports..      

‘

27

15-19. Complainant. realleges and incorporates by reference

herein paragraphs 14 through 18 of Count VI’ a~paragraphs 15

through 19 of’ this Count VIII.       

20-21. Complainant’ realleges and incorporates by reference   

S

herein’ paragraphs 20 and 21 of Count III as paragraphs 20 and 21 

this ‘Count ‘VIII. 

V

V

22. By 

failing to include emissions from coating ‘thinners’

and solvents in it,s Annual Emission Reports to the Illinois EPA for

the years 1998 through 2001, Respondent violated.Section 201.302 (a)

of the Board’s Air Pollution Regulations, 35 Ill. Adm. Code   

S

‘201.302 (a), and Part 254 of the Illinois EPA’s Air Pollution

Regulations, 35 Ill. Adm. Code Part 254.        

.

23. By violating Section .201.302 (a)’ of the Board’s Air

• Pollution Regulations, 35 Ill. Adm. Code 201.302(a),’ and Part 254

of the Illinoi,s EPA’s Air Pollution Regulations, 35 Ill. Adm. code,

Part 254, Respondent also violated Section 9(a) of the Act, 415

ILCS 5/9(a) (2002)

S

“

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, 

‘

respectfully requests.that the Board enter an order in favor,of 

‘.                        ,   

‘I

Complainant and against Respondent, CFM U S CORPORATION formerly

known’ as THE VERMONT CASTINGS MAJESTIC PRODUCTS COMPANY, on this  

‘

Count VIII: 

S

..

.

1.  Authorizing a hearing in this matter at which 

time, 

‘

.,

S

Respondent will be required to answer the allegations herein,

2  Finding that Respondent violated the Act and regulations

as alleged herein;   

,

,

•

•,    5

28

3. ‘ Ordering Respondent to cease and desist from any further

Violations’ of’ the Act and regulatiOns;

4. ‘ Assessing against Respondent’,a civil penalty of fifty

thousand dollars ($50,000.00) for each violation of the Act and

regulations, and an additional penalty of ten thousand dollars

($10,000 00) for each day during which each violation continued

thereafter;      

‘

‘5. 

Awarding to.Complainant its costs and reasonable

attorney’s’fees pursuant to Section’ 42(f) of the Act, 415 ILCS

5/42(f) (2002); and    

S

‘

. .

Granting such other relief as the Board deems.

appropriate.               

.

• .

‘PEOPLE OF THE STATE OF ILLINOIS,

by LISA MADIGAN,’ Attorney General.

S

‘

‘

of the State of Illinois

V

‘

‘

MATTHEW J’. DUNN, Chief

‘

Environmental Enforcement and

• Asbestos Litigation ‘vision

BY

__________________________

ROS

‘CAZEAU, Chief         

S

•

,

‘

:

‘,

,Assistant Attorney General

Environmental Bureau/North     

S

OF COUNSEL:    

‘

‘

MICHAEL C.. PARTEE     

. .

Assistant Attorney General 

,     ‘                                

.

Environmental Bureau/North. 

‘

.

‘S

S

188 West Randolph Street, Suite 2001    

‘

V

‘ ‘

Chicago, Illinois ‘60601  

,

•.

Tel: (312)814-2069 

S

‘

~‘

‘

29

‘CERTIFICATE OF SERVICE

It is hereby certified that true and correct copies of the

Notice of: Filing, Complaint, Stipulation axid Proposal for

Settlement, and Motion to Request Relief From Hearing Requirement

were sent 

by

certified 

mail with return receipt requested to the

person listed on the Notice of Filing on August 9, 

2004.

~

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•

,

‘

MICHAEL C. PARTEE   

S

It is hereby certified that the originals plus nine (9) copies

of the foregoing were hand-delivered to the following person on

August 9, 2004:

Pollution Control Board, Attn: Clerk

James R. Thompson Center 

‘

S

100 West’VRandolph Street, Suite’11-500

Chicago, Illinois 60601’     

V

BY:__

MICHAEL C. PARTEE