ILLINOIS POLLUTION CONTROL BOARD
    August 4, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    TRUSERV CORPORATION, a Delaware
    corporation d/b/a TRUE VALUE
    MANUFACTURING COMPANY,
     
    Respondent.
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    PCB 05-149
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On February 8, 2005, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a five-count complaint against Truserv Corporation d/b/a True
    Value Manufacturing Company (Truserv). Truserv owns and operates a paint manufacturing
    facility located at 823 West Blackhawk, in Chicago, Cook County. The People’s complaint
    concerns alleged air emissions from Truserv’s facility. The parties now seek to settle without a
    public hearing. For the reasons below, the Board directs the Clerk to provide public notice of the
    parties’ stipulation, proposed settlement, and request for relief from the hearing requirement.
     
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2004); 35 Ill. Adm.
    Code 103. In this case, the People allege that Truserv violated Sections 9(a) and (b) of the Act
    (415 ILCS 5/9(a) and (b) (2004)); 35 Ill. Adm. Code 201.302(a), 218.624, 218.625(a) and (b),
    218.628, and 218.630(a); and Sections 9, 10(a) and (b), 12, and 13(a) of Truserv’s Federally
    Enforceable State Operating Permit (FESOP). According to the complaint, Truserv caused or
    allowed these violations by (1) failing to cover paint mixing and thinning tanks; (2) failing to
    cover grinding mills; (3) failing to maintain records about equipment leaks and failing to repair
    leaks within 15 days; (4) failing to enclose equipment during cleaning; and (5) failing to submit
    accurate annual emissions reports.
     
    On July 29, 2005, the People and Truserv 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)), which requires that the public have an opportunity to request a hearing
    whenever the State and a respondent propose settling an enforcement action without a public
    hearing.
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, Truserv neither
    admits nor denies the alleged violations and agrees to pay a civil penalty of $30,000, which the
    parties agree is “as great or greater than the economic benefit that [Truserv] achieved during the
    period of noncompliance.” Stipulation at 8.
     
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    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.
    See
    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 4, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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