ILLINOIS POLLUTION CONTROL BOARD
    February 17, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    WERNER CO., a Pennsylvania corporation,
     
    Respondent.
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    PCB 03-101
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On January 13, 2003, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a three-count complaint against Werner Co. (Werner) alleging air
    pollution and permitting violations. The complaint concerns Werner’s extrusion fabrication and
    manufacturing facility at 10800 West Belmont Avenue, in Franklin Park, Cook County. At its
    Franklin Park facility, Werner fabricates ladders, scaffolding, stages, and planks. The parties
    now seek to settle without a public hearing. For the reasons below, the Board directs the Clerk to
    provide public notice of the parties’ stipulation, proposed settlement, and request for relief from
    the hearing requirement.
     
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2002)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2002); 35 Ill. Adm.
    Code 103. In this case, the People allege in count I of the complaint that Werner violated
    Section 9(a) of the Act (415 ILCS 5/9(a) (2002)) and the Board’s air pollution control
    regulations (35 Ill. Adm. Code 201.141, 218.986) by emitting volatile organic material (VOM) in
    violation of applicable control requirements for VOM. Count II alleges that Werner violated
    Section 9(b) of the Act (415 ILCS 5/9(b) (2002)) and the Board’s air pollution control
    regulations (35 Ill. Adm. Code 201.142) by failing to obtain a construction permit from the
    Illinois Environmental Protection Agency (Agency) before constructing new emission sources
    and air pollution control equipment. In count III of the complaint, the People allege that Werner
    violated Section 9(b) of the Act and the Board’s air pollution control regulations (35 Ill. Adm.
    Code 201.143) by failing to obtain an operating permit from the Agency before operating new
    emission sources and air pollution control equipment.
     
    On February 4, 2005, the People and Werner 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). Under the stipulation and proposed settlement,
    Werner does not admit the alleged violations, but agrees to pay a civil penalty of $32,000 and to
     
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    operate and maintain all equipment and systems relating to a Supplemental Environmental
    Project (SEP) at its Franklin Park facility. The SEP, according to the stipulation and proposed
    settlement, consists of the conversion of an open bath pultrusion machine to a pre-form resin
    injection machine. The parties state that Werner began implementing the SEP in 2001, and the
    capital cost of the SEP was approximately $139,000.
     
    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.
    See
    415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk to provide the required notice.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 17, 2005, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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