ILLINOIS POLLUTION CONTROL BOARD
    December 2, 2004
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    NATIONAL MATERIAL L. P. an Illinois
    limited partnership d/b/a NATIONAL
    LAMINATION COMPANY, and NM
    HOLDING, INC., a Nevada corporation,
     
    Respondents.
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    PCB
    01-2
     
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On July 5, 2000, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against National Material L. P. and NM Holding, Inc.
    (respondents)
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege
    that the respondents violated Section 9(a) and (b) and 39.5(6)(b) of the Environmental Protection
    Act (Act) (415 ILCS 5/9(a) and (b) and 39.5(6)(b) (2002)) and 35 Ill. Adm. Code 201.142
    through 201.144, 201.302(a), 203.201, and 270.301(a). The People further allege that the
    respondents violated these provisions by (1) constructing an emissions source without a permit;
    (2) operating an emissions source without a permit; (3) operating a major stationary source
    without a Clean Air Act Operating Permit Program permit; (4) failing to submit annual emissions
    reports; and (5) undertaking a major modification of an air emissions source without a permit.
    The complaint concerns the respondents’ manufacturing facility at 555 Santa Rosa Drive, Des
    Plaines, Cook County.
     
    On November 19, 2004, the People and the respondents 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 respondents neither admit nor deny the alleged violations but agree to pay a civil
    penalty of $50,000.
     
    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
    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.
     
     
     
      
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 2, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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