ILLINOIS POLLUTION CONTROL BOARD
    April 21, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Petitioner,
     
    v.
     
    NED MANDICH d/b/a H.B.M.
    ELECTROCHEMICAL COMPANY,
     
    Respondent.
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    PCB 04-178
    (Enforcement - Air)
     
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
     
    On April 8, 2004, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a three-count complaint against the Ned Mandich d/b/a H.B.M.
    Electrochemical Company (respondent).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code
    103.204. The People allege that respondent violated Sections 9(b) and 9.1(d)(1) of the
    Environmental Protection Act (Act) (415 ILCS 5/9(b) and 9.1(d)(1) (2002)), 40 C.F.R. §
    63.343(c)(1)(ii), 63.342(c)(1)(i), and 63.347(h), and 35 Ill. Adm. Code 201.143. The People
    further allege that respondent violated these provisions by operating a hard chromium
    electroplating facility capable of emitting or emitting contaminants into the air. The complaint
    concerns respondent’s facility located at 2800 Bernice Road, Lansing, Cook County.
     
    On February 23, 2005, the People and respondent filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requireme
    nt 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
    Daily Southtown
    on February 25, 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
    respondent’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 respondent have
    satisfied Section 103.302. Respondent admits the alleged violations and agrees to pay a civil
    penalty of $15,100. The Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
      
     
    2
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2.
    Ned Mandich d/b/a H.B.M. Electrochemical Company (respondent) must pay a
    civil penalty of $15,100 no later than April 28, 2005. Respondent must pay the
    civil penalty by certified check, money order, or electronic transfer. The case
    number, case name, and respondent’s social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3.
    Respondent must pay $15,000 of the civil penalty payable to the Illinois EPA and
    designated to the Illinois Environmental Protection Trust Fund. Respondent must
    send the certified check or money order for $15,000 to:
     
     
      
    Illinois Environmental Protection Trust Fund
    Illinois Environmental Protection Agency
    Fiscal
    Services
    Division
     
      
    1021 North Grand Avenue East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
     
    4.
    Respondent must pay $100 of the civil penalty payable to the Illinois EPA and
    designated to the Illinois Environmental Permit and Inspection Fund. Respondent
    must send the certified check or money order for $100 to:
     
     
      
    Illinois Environmental Permit and Inspection Fund
    Illinois Environmental Protection Agency
    Fiscal
    Services
    Division
     
      
    1021 North Grand Avenue East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
     
    5.
    A copy of the certified check, money order, or electronic funds transfer and any
    transmittal letter shall be sent to:
     
     
    Ms. Bridget M. Carlson
     
    Assistant Attorney General
    Environmental
    Bureau
     
    188 W. Randolph St., 20th Floor
    Chicago,
    Il.
    60601
     
    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)).
     
      
     
    3
     
    5.
    Respondent 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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