ILLINOIS POLLUTION CONTROL BOARD
January 20, 2005
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.
)
)
)
)
)
)
)
)
)
)
)
)
PCB 01-2
(Enforcement - Air)
OPINION AND 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 complaint
concerns the respondents’ manufacturing facility at 555 Santa Rosa Drive, Des Plaines, 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 the respondents violated Section 9(a) and (b) and
39.5(6)(b) of the 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.
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)), 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
Des Plaines Journal
, the
Mt. Prospect Journal
, the
Golf Mill Journal
, and the
Prospect
Heights Journal
on December 10, 2004. The Board did not receive any requests for hearing.
2
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 the
respondents’ 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.
The respondents neither admit nor deny 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. The
respondents agree to pay a civil penalty of $50,000, which the parties stipulate is at least as great
as the respondents’ economic benefit from delayed compliance, if any. The respondents further
agree to pay avoided permit fees of $7,750.
The People and the respondents 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. The respondents must jointly and severally pay a civil penalty of $50,000 no later
than February 21, 2005, which is the first business day after the 30th day after the
date of this order. The respondents must pay the civil penalty by certified check
or money order, payable to the Environmental Protection Trust Fund. The case
number, case name, and the respondents’ social security number or federal
employer identification number must be included on the certified check or money
order.
3. The respondents must jointly and severally pay avoided permit fees of $7,750 no
later than February 21, 2005, which is the first business day after the 30th day
after the date of this order. The respondents must pay the civil penalty by
certified check or money order, payable to the CAAPP 091 Fund. The case
number, case name, and the respondents’ social security number or federal
employer identification number must be included on the certified check or money
order.
4. The respondents must send the certified checks or money orders to:
Illinois Environmental Protection Agency
3
Fiscal Services Division
1021 North Grand Avenue East
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.
The respondents 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 January 20, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
