ILLINOIS POLLUTION CONTROL BOARD
December 2, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
DUPAGE MACHINE PRODUCTS, INC., a
Delaware corporation,
Respondent.
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PCB 04-101
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
On December 23, 2003, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against DuPage Machine Products, Inc. (DuPage
Machine Products).
See
415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The complaint
concerns DuPage Machine Products’s screw products manufacturing facility at 99 International
Boulevard, Glendale Heights, DuPage 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 DuPage Machine Products violated Section 9(b)
and 9.1(d)(2) of the Act (415 ILCS 5/9(b) and 9.1(d)(2) (2002)); 35 Ill. Adm. Code 201.302(a),
254.132(a), and 254.137(a); 40 C.F.R. 63.467(b) and 63.468(f) and (h), as enforceable under
Section 9.1(d) of the Act (35 Ill. Adm. Code 5/9.1(d) (2002)); and conditions 6(b)(v)(A) and
(b)(v)(B) and 7(b) and (c) of federally enforceable state operating permit (FESOP) number
97050122 by failing to maintain required records and submit required reports to the Illinois
Environmental Protection Agency.
On October 25, 2004, the People and DuPage Machine Products 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). The Board provided notice of the
stipulation, proposed settlement, and request for relief from hearing. The Board published
newspaper notice in the
Liberty Suburban Chicago Newspapers
on November 4, 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).
2
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, DuPage Machine Products
neither admits nor denies the allegation but agrees to pay a civil penalty of $37,500.
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
DuPage Machine Products’ 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.
DuPage Machine Products neither admits nor denies the alleged violations. 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. DuPage Machine Products agrees to pay a civil penalty of $37,500, which the parties
stipulate is sufficient to deter future violations by DuPage Machine Products and other similarly
situated. The parties agree that DuPage Machine Products derived economic benefit from
delayed compliance, but that amount has not been determined.
The People and DuPage Machine Products 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. DuPage Machine Products must pay a civil penalty of $37,500 no later than
January 3, 2005, which is the 30th day after the date of this order. DuPage
Machine Products must pay the civil penalty by certified check or money order,
payable to the Environmental Protection Trust Fund. The case number, case
name, and DuPage Machine Products’s federal employer identification number
must be included on the certified check or money order.
3. DuPage Machine Products 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
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
3
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2002)).
5.
DuPage Machine Products 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 December 2, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
