ILLINOIS POLLUTION CONTROL BOARD
May 5, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
GF OFFICE FURNITURE, LTD. L.P., a
limited partnership, OFFICE SUITES, INC.,
an Illinois corporation and subsidiary of GF
OFFICE FURNITURE, LTD. L.P., and GF
FURNITURE HOLDING, INC., a foreign
corporation and general partner of GF OFFICE
FURNITURE, LTD. L.P.,
Respondents.
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PCB 04-135
(Enforcement - Air)
ORDER OF THE BOARD (by N.J. Melas):
On January 30, 2004, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against GF Office Furniture, LTD L.P., Office Suites,
Inc. (Office Suites), and GF Furniture Holding, Inc. (collectively, respondents).
See
415 ILCS
5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that the respondents violated
Section 9(a) and 39.5 of the Environmental Protection Act (Act) (415 ILCS 5/9(a) and 39.5
(2002)); 35 Ill. Adm. Code 201.141, 205.200; and 205.205; and conditions 6.3(b) and 9.2.1 of
the Clean Air Act Permit Program permit number 96020120. The People further allege that the
respondents violated these provi
sions by: (1) emitting volatile organic material (VOM) and
particulate matter so as to cause or tend to cause air pollution; (2) failing to participate in the
emission reduction market system (ERMS) to the extent necessary to cover its emissions of more
than 10 tons of VOM in a year; and (3) failing to obtain an exemption from ERMS by operating
with seasonal VOM emissions of no more than 15 tons. The complaint concerns the
respondents’ wooden office furniture manufacturing facility at 1034 South Kostner Ave.,
Chicago, Cook County. Today the Board accepts the parties’ stipulation and proposed
settlement.
On March 24, 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)).
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 April 1, 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).
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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
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)). The People and respondents have
satisfied Section 103.302. Under the proposed stipulation, the respondents do not admit nor
deny the allegations, and respondent Office Suites agrees to pay a civil penalty of $30,000. In
addition to a civil penalty, Office Suites, Inc. agrees to provide emissions excursion
compensation in the amount of $38,590.26 to the Agency, pursuant to Section 205.720(b) of the
Board’s Air Pollution Regulations. 35 Ill. Adm. Code 205.720(b).
Office Suites’ payment of the civil penalty and emissions excursion compensation
releases, waives and discharges all of the respondents from any further liability or penalties for
the violations alleged in the complaint. 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. Office Suites, Inc. (Office Suites) must pay a civil penalty of $30,000 no later
than June 4, 2005, which is the 30th day after the date of this order. Office Suites
must pay the civil penalty by certified check or money order, payable to the
Environmental Protection Trust Fund. The case number, case name, and
respondent’s federal employer identification number must be included on the
certified check or money order.
3. Office Suites 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. Office Suites must pay emissions excursion compensation to the Illinois
Environmental Protection Agency in the amount of $38,590.26 pursuant to the
terms of the stipulation and proposed settlement.
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)).
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6.
Respondents, GF Office Furniture, Ltd. L.P., Office Suites, and GF Furniture
Holding, Inc., 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 May 5, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
