ILLINOIS POLLUTION CONTROL BOARD
July 21, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
MECALUX ILLINOIS, INC.,
Respondent.
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PCB 03-222
(Enforcement - Air)
OPINION AND 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) (2004); 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) (2004))
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) (2004)).
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 complaint 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) (2004)). The stipulation includes a provision requiring Mecalux submit to
the Agency within 30 days of the date of this order a modified federally enforceable state
operating permit (FESOP) and for stipulated penalties if Mecalux fails to timely submit the
FESOP. 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). The Board provided notice of the stipulation, proposed
settlement, and request for relief. The newspaper notice was published in several newspapers
published by Pioneer Press including the
Melrose Park Herald
. The notice was published on
June 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) (2004); 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
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stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
Mecalux’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) (2004)). The People and Mecalux have satisfied
Section 103.302. Mecalux neither admits nor denies the alleged violations and agrees to pay a
civil penalty of $45,000. In addition if Mecalux fails to timely submit the FESOP, Mecalux
agrees to pay $250 per violation for each day of violation until compliance is achieved. 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.
Mecalux Illinois, Inc. must pay a civil penalty of $45,000 no later than August 22,
2005. Mecalux Illinois, Inc. must pay the civil penalty by certified check or
money order, payable to Illinois Environmental Protection Trust Fund. The case
number, case name, and Mecalux Illinois, Inc.’s social security number or federal
employer identification number must be included on the certified check or money
order.
3.
Mecalux Illinois, Inc. 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.
A copy of each certified check, money order, or electronic funds transfer and any
transmittal letter shall be sent to:
Christopher Grant
Assistant Attorney General
Environmental
Bureau
188 W. Randolph St., 20th Floor
Chicago,
Il.
60601
5.
Mecalux Illinois, Inc. must pay any stipulated penalties, provided for in the
stipulation, in the same manner as the civil penalty as set forth in paragraphs tow
through four of this order.
6.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
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set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
7.
Mecalux Illinois, 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) (2004);
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 July 21, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
