ILLINOIS POLLUTION CONTROL BOARD
    January 6, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CROMWELL-PHOENIX, INC., an Illinois
    corporation,
     
    Respondent.
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    PCB 04-136
    (Enforcement - Air)
          
     
    OPINION AND ORDER OF THE BOARD (by N.J. Melas):
     
    On February 5, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Cromwell-Phoenix, Inc. (Cromwell).
    See
    415
    ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that Cromwell violated
    Sections 9(a) and (b) of the Environmental Protection Act (Act) (415 ILCS 5/9(a), (b) (2002)),
    and Sections 201.141, 201.142, 201.143, and 218.204 of the Board’s air pollution regulations (35
    Ill. Adm. Code 201.141, 201.142, 201.143, and 218.204). The People further allege that
    Cromwell violated these provisions by causing, threatening or allowing air pollution,
    constructing an air pollution source without a permit, operating an air pollution source without
    an operating permit, exceeding emissions limits for a coating line, and failing to demonstrate
    compliance with emissions limits for a coating line. The complaint concerns Cromwell’s
    corrosion inhibiting paper-coating facility at 12701 South Ridgeway Avenue, Alsip, Cook
    County.
     
    On December 6, 2004, the People and Cromwell 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 the
    Chicago Sun-Times
    on December 10, 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
    Cromwell’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 Cromwell have satisfied
    Section 103.302. Under the proposed stipulation, Cromwell neither admits nor denies the
    alleged violations and agrees to pay a civil penalty of $60,000. The settlement does not include a
    supplemental environmental project. The Board accepts the stipulation and proposed settlement.
     
      
     
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    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.
    Cromwell Phoenix, Inc. (Cromwell) must pay a civil penalty of $60,000 no later
    than February 2, 2005, which is the 30th day after the date of this order.
    Cromwell must pay the civil penalty by certified check or money order, payable
    to the Environmental Protection Trust Fund. The case number, case name, and
    Cromwell’s social security number or federal employer identification number
    must be included on the certified check or money order.
     
    3.
    Cromwell 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.
    A copy of the certified check or money order must be sent to:
     
    Michael C. Partee
    Assistant Attorney General
    Environmental Bureau/North
    188 West Randolph Street, Suite 2001
    Chicago, Illinois 60601
     
    Maureen Wozniak
    Assistant Counsel
    Illinois Environmental Protection Agency
    1021 North Grant Avenue Easte
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    5.
    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)).
     
    6.
    Cromwell must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
      
     
    3
     
    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 January 6, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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