ILLINOIS POLLUTION CONTROL BOARD
    July 7, 2005
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ALL STATES PAINTING, INC.,
     
    Respondent.
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    PCB 04-205
    (Enforcement – Air, Water)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On May 21, 2004, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a 4-count complaint against All States Painting, Inc. (All States).
    See
     
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that All States
    violated Sections 9(a) and 12(a) and (d) of the Environmental Protection Act (Act), Section
    201.141 of the Board’s air pollution regulations, and Section 302.203 of the Board’s water
    pollution regulations. The People further allege that All States violated these provisions as a
    result of a bridge painting project over the Illinois River during the summer of 2002. The project
    included applications of a gray zinc-based rust proof primer, a white epoxy intermediate primer,
    and a blue oil-based, polyurethane finish coat. All States owned and operated a corporation
    located in Alexander, Morgan County.
     
    On July 1, 2005, the People and All States 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) (2004)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2004)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, All
    States neither admits nor denies the alleged violations and agrees to pay a civil penalty of
    $19,000.
     
    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) (2004); 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 July 7, 2005, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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