ILLINOIS POLLUTION CONTROL BOARD
    September 2, 2004
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    QC FINISHERS, INC., an Illinois corporation,
     
    Respondent.
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    PCB 01-7
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On July 14, 2000, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a seven-count complaint against QC Finishers, Inc. The complaint
    concerns QC Finishers’ facility at 10228-10344 Franklin Avenue, in Franklin Park, Cook
    County. At the facility, QC Finishers coats metal and plastic parts for various industries,
    including automotive, medical, military, computer, and government. The parties now seek to
    settle without a public hearing. For the reasons below, the Board directs the Clerk to provide
    public notice of the parties’ stipulation, proposed settlement, and request for relief from the
    hearing requirement.
     
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2002)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2002); 35 Ill. Adm.
    Code 103. In this case, the People’s complaint alleges that QC Finishers violated air pollution
    control provisions of the Act and the Board’s regulations by constructing and operating emission
    sources and control equipment without a State permit, failing to comply with emission limits,
    failing to timely develop and submit a fugitive matter emission program, failing to timely file an
    Emissions Reduction Market System (ERMS) application, operating without a Clean Air Act
    Permit Program (CAAPP) permit, and making a major modification without a permit.
     
    On August 23, 2004, the People and QC Finishers 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)), which requires that the public have an opportunity to request a
    hearing whenever the State and a respondent propose settling an enforcement action without a
    public hearing.
    See
    35 Ill. Adm. Code 103.300(a).
     
    Through the stipulation and proposed settlement, the People and QC Finishers seek to
    resolve the violations alleged in the complaint. The parties further seek to resolve additional
    alleged air pollution control violations of the Act, Board regulations, and QC Finishers’
    Federally Enforceable State Operating Permit (FESOP), as identified in Section IV.C.2. of the
    stipulation.
    See
    Stipulation at 5-6. Under the stipulation and proposed settlement, QC Finishers
     
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    “denies all of the alleged violations in the Complaint which were not specifically admitted in its
    Answer, and neither admits nor denies all of the alleged violations described in SECTION
    IV.C.2 of this Stipulation.”
    Id
    . at 6. QC Finishers agrees to pay a civil penalty of $149,600,
    which the parties stipulate “recovers any economic benefit obtained by [QC Finishers] from the
    alleged noncompliance.”
    Id
    . at 10.
     
    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.
    See
    415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk 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 September 2, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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