ILLINOIS POLLUTION CONTROL BOARD
August 18, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CONCRETE SPECIALTIES COMPANY, an
Illinois corporation,
Respondent.
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PCB 05-148
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
On February 1, 2005, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Concrete Specialties Company.
See
415
ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns Concrete
Specialties Company’s concrete product manufacturing facility at 1375 Gilford Road, Elgin,
Cook County. The parties now seek to settle. For the reasons below, the Board accepts the
parties’ stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (2004)), the
Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the
People to enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2004); 35 Ill. Adm.
Code 103. In this case, the People allege that Concrete Specialties Company violated Sections
9(a) and (b) and 39.5(6)(b) of the Act (415 ILCS 5/9(a) and (b) and 39.5(6)(b) (2004)) and 35 Ill.
Adm. Code 201.142, 201.143, 201.302(a), 203.201, and 254.132(a) by (1) constructing
emissions sources without a permit; (2) operating emissions sources without a permit; (3)
operating a major stationary source without a Clean Air Act Permit Program (CAAPP) permit;
(4) violating New Source Review requirements; and (5) failing to timely submit complete and
accurate annual emissions reports.
On July 1, 2005, the People and Concrete Specialties Company filed a stipulation and
proposed settlement, accompanied by a request for re
authorized by Section 31(c)(2)
e public have an opportunity to
e Board provided notice of the
r relief from hearing. The Board published
See
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
Concrete Specialties Company’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)), which bears
on the reasonableness of the circumstances surrounding the alleged violations.
Concrete Specialties Company neither admits nor denies the alleged violations. The
stipulation also addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2004)),
which may mitigate or aggravate the civil penalty amount. Concrete Specialties Company agrees
to pay a civil penalty of $32,500, which the parties stipulate is at least as great as Concrete
Specialties Company’s economic benefit from delayed compliance, if any.
The People and Concrete Specialties Company have satisfied Section 103.302. The
Board accepts the stipulation and proposed settlement. This docket is now closed.
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. Concrete Specialties Company must pay a civil penalty of $32,500 no later than
September 19, 2005, which is the first business day after the 30th day after the
date of this order. Concrete Specialties Company must pay the civil penalty by
certified check, money order, or electronic funds transfer, payable to the
Environmental Protection Trust Fund. The case number, case name, and Concrete
Specialties Company’s social security number or federal employer identification
number must be included on the certified check or money order.
3. Concrete Specialties Company must send the certified check, money order, or
electronic funds transfer to the following person at the indicated address:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4. Concrete Specialties Company must send a copy of the certified check, money
order, or record of electronic funds transfer and any transmittal letter to the
following persons at the indicated addresses:
Mitchell L. Cohen, Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago, Illinois 60601
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and
Maureen Wozniak, Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
5.
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
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
6.
Concrete Specialties Company 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 August 18, 2005, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
