ILLINOIS POLLUTION CONTROL BOARD
    August 19, 2004
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CFM U.S. CORPORATION f/k/a THE
    VERMONT CASTINGS MAJESTIC
    PRODUCTS COMPANY, a Delaware
    corporation,
     
    Respondent.
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    PCB
    05-26
     
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On August 9, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against CFM U.S. Corporation.
    See
    415 ILCS
    5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that CFM U.S. Corporation
    violated Section 9(a) and (b) of the Environmental Protection Act (Act) (415 ILCS 5/9(a) and (b)
    (2002)) and 35 Ill. Adm. Code 201.142, 201.302(a), 212.309(a), 218.204(j)(2)(B), and
    218.211(b)(2) and (c)(2); and special conditions 7(a)(i) through (a)(v) of lifetime operating
    permit no. 98040098.
     
    The People further allege that CFM U.S. Corporation violated these provisions by (1)
    failing to submit an operating program for fugitive particulate matter emissions; (2) failing to
    certify exemption from the wood furniture coating regulations; (3) failing to submit complete
    annual emissions reports; (4) constructing an air pollutant emission source without a permit; (5)
    failing to submit an operating program for fugitive particulate emissions; (6) using non-
    compliant coatings; (7) failing to maintain operating records; and (8) failing to submit complete
    annual emissions reports. The complaint concerns CFM U.S. Corporation’s fireplace screen and
    door assembly and coated wood fireplace mantle manufacturing facility at two adjacent
    properties at 7500 North St. Louis Avenue and 3501 West Howard Street, in Skokie, Cook
    County.
     
    On August 9, 2004, the People and CFM U.S. Corporation also 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 CFM U.S. Corporation neither admits nor denies the alleged violations but agrees
    to pay a civil penalty of $46,000.
     
    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
     
      
     
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    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) (2000); 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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 19, 2004, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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