ILLINOIS POLLUTION CONTROL BOARD
    June 2, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    MECALUX ILLINOIS, INC.,
     
    Respondent.
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    PCB 03-222
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On June 6, 2003, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a two-count complaint against Mecalux Illinois, Inc. (Mecalux).
    See
     
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that Mecalux
    violated Section 9(a) and (b) of the Environmental Protection Act (Act) (415 ILCS 5/9(a) and
    (b) (2002)) and Sections 201.141, 201.142, and 218.204 of the Board’s regulations. On
    October 28, 2004, the People filed a four-count amended complaint. The amended complaint
    adds two additional counts alleging that Mecalux violated conditions of Mecalux’s permits and
    Section 9(b) of the Act (415 ILCS 5/9(b) (2002)).
     
    The People allege that Mecalux violated these permit conditions and provisions of the
    Act and Board regulations by using 537 gallons of a coating that exceeded the maximum
    allowable volatile organic material (VOM) content and by commencing construction of two
    coating lines without a permit. The complain
    t concerns Mecalux's metal storage system
    manufacturing and coating facility at 1600 North 25th Avenue, Melrose Park, Cook County.
     
    On May 26, 2005, the People and Mecalux 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). Under the proposed stipulation, Mecalux
    neither admits nor denies the alleged violations and agrees to pay a civil penalty of $45,000.
     
    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. 415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 2, 2005.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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