ILLINOIS POLLUTION CONTROL BOARD
    April 21, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    DRAW DRAPE CLEANERS, INC., an Illinois
    corporation, AMERICAN DRAPERY
    CLEANERS & FLAMEPROOFERS, INC., an
    Illinois corporation, and RICHARD ZELL, an
    Illinois resident,
     
    Respondents.
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    PCB 03-51
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by J.P. Novak):
     
    On October 15, 2002, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Draw Drape Cleaners, Inc. On December 30,
    2003, the People filed an amended complaint against Draw Drape Cleaners, Inc., American
    Drapery Cleaners & Flameproofers, Inc., and Richard Zell (respondents).
    See
    415 ILCS
    5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The complaints concern the respondents’
    petroleum dry cleaning facility at 2235-2239 West Roscoe, Chicago, 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 in the amended complaint that the respondents violated
    Sections 9(a) and (b) and 9.1(d) of the Act (415 ILCS 5/9(a) and (b) and 9.1(d) (2002)); 35 Ill.
    Adm. Code 201.141 through 201.143, 218.607, and 218.610; and 40 C.F.R. 60.622 and 60.624.
    The People further allege that the respondents violated these provisions by (1) causing or
    allowing air pollution; (2) failing to comply with emissions regulations applicable to dry
    cleaners; (3) failing to comply with emissions testing requirements applicable to dry cleaners; (4)
    constructing an air emissions source without a permit; (5) operating an emission source without a
    permit; (6) failing to comply with condition 5 of federally enforceable state operating permit
    (FESOP) No. 95100005; (7) installing a non-solvent recovery dryer and failing to have a
    cartridge filter in dryer #2; and (8) failing to perform an initial flow rate test for dryer #2.
     
    On March 21, 2005, 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
     
    2
    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
    Chicago Sun-Times
    on March 24, 2005. 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 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 admits 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 $7,500, which the parties stipulate is sufficient to
    abate any economic benefit the respondents may have accrued from delayed compliance.
     
    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 pay a civil penalty of $7,500. The respondents must pay
    $5,000 as the first installment of the penalty no later than May 23, 2005, which is
    the first business day after the 30th day after the date of this order. The
    respondents must pay $2,500 as the second installment of the penalty no later than
    July 20, 2005, which is the 90th day after the date of this order. The respondents
    must pay the civil penalty by certified check, money order, or electronic funds
    transfer, 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 send the certified checks, money orders, or electronic funds
    transfers to the following person at the indicated address:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
     
    3
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4.
    The respondents must send a copy of the certified checks, money orders, or
    records of electronic funds transfers and any transmittal letters to the following
    persons at the indicated address:
     
    Paula Wheeler
    Assistant Attorney General
    Environmental Bureau
    188 West Randolph Street, 20th Floor
    Chicago, Illinois 60601
     
    Maureen Wozniak
    Assistant Counsel
    Illinois Environmental Protection Agency
    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 April 21, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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