ILLINOIS POLLUTION CONTROL BOARD
October 7, 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)
OPINION AND 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 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. The parties now seek to settle. For the reasons below, the Board accepts
the parties’ stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (2002)), the
Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the
People to enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2002); 35 Ill. Adm.
Code 103. In this case, the People allege that CFM U.S. Corporation violated Section 9(a) and
(b) of the 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)
On August 9, 2004, the People and CFM U.S. Corporation 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
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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). The Board provided notice of the
stipulation, proposed settlement, and request for relief from hearing. The Board published
newspaper notice in the
Skokie Review/Pioneer Press
on September 2, 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
CFM U.S. Corporation’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)), which bears on the
reasonableness of the circumstances surrounding the alleged violations.
CFM U.S. Corporation neither admits nor denies the alleged violations but agrees to pay
a civil penalty of $46,000. The stipulation also addresses the factors of Section 42(h) of the Act
(415 ILCS 5/42(h) (2002),
as amended by
P.A. 93-575, (eff. Jan. 1, 2004), which may mitigate
or aggravate the civil penalty amount. CFM U.S. Corporation agrees to pay a civil penalty of
$46,000, which the parties stipulate is at least as great as CFM U.S. Corporation’s economic
benefit from delayed compliance, if any.
The People and CFM U.S. Corporation have satisfied Section 103.302. The Board
accepts the stipulation and proposed settlement.
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. CFM U.S. Corporation must pay a civil penalty of $46,000 no later than
November 6, 2004, which is the 30th day after the date of this order. CFM U.S.
Corporation must pay the civil penalty by certified check or money order, payable
to the Environmental Protection Trust Fund. The case number, case name, and
CFM U.S. Corporation’s federal employer identification number must be included
on the certified check or money order.
3. CFM U.S. Corporation must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
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4.
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)).
5.
CFM U.S. Corporation 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) (2002);
see 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 October 7, 2004, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
