ILLINOIS POLLUTION CONTROL BOARD
September 2, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
METALS TECHNOLOGY CORPORATION,
Respondent.
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PCB 01-1
(Enforcement - Air)
OPINION AND 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
t 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). The Board provided notice of the
stipulation, proposed settlement, and request for relief. The newspaper notice was published in
Liberty Suburban Chicago Newspapers
on August 5, 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
MTC’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 MTC have satisfied Section
103.302.
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Under the proposed stipulation, the MTC neither admits nor denies the alleged violations
and agrees to pay a civil penalty of $50,000. In addition, MTC agrees to pay the avoided permit
fees, totaling $3,000. Finally, the stipulation provides that MTC will undertake a supplemental
environmental project (SEP). The SEP requires MTC to ship metal parts to an outside vendor
for cleaning with an aqueous solution not involving any solvent or volatile organic compound
emissions into the atmosphere. The same cleaning process may be performed by MTC at its
facility so long as the cost is not less than that MTC currently spends annually.
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.
Metals Technology Corporation (MTC) must pay a civil penalty of $50,000.
MTC must pay an initial payment of $25,000 no later than October 2, 2004,
which is the 30th day after the date of this order. MTC must pay a final payment
of $25,000 within 12 months after the date the Board adopts a final opinion and
order approving this stipulation. MTC must pay the civil penalty by certified
check or money order, payable to the Illinois Environmental Protection Trust
Fund. The case number, case name, and MTC’s social security number or federal
employer identification number must be included on the certified check or money
order.
3.
MTC must pay avoided permit fees in the amount of $3,000. MTC must pay the
fees no later than November 1, 2004, which is the 60th day after the date of this
order. MTC must pay the fees by certified check or money order, payable to the
CAAPP 091 Fund.
4.
MTC must send the certified checks or money orders to:
Illinois Environmental Protection Agency
Fiscal
Services
Division
1021 North Grand Avenue East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
5.
MTC must undertake and complete a supplemental environmental project as set
forth in paragraph VII (7) of the stipulation and proposed settlement.
6.
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)).
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7.
MTC 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) (2000);
s
ee 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.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on September 2, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
