ILLINOIS POLLUTION CONTROL BOARD
    October 6, 2005
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    WIENMAR, INC., an Illinois corporation,
     
    Respondent.
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    PCB
    05-95
     
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On November 16, 2004, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Wienmar, Inc. (Wienmar).
    See
    415 ILCS
    5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The People allege that Wienmar violated Section
    9(a) and (b), 9.1(d)(1), 9.8(b), and 39.5(6)(b) of the Environmental Protection Act (Act) (415
    ILCS 5/9(a) and (b), 9.1(d)(1), 9.8(b), and 39.5(6)(b) (2004)); 35 Ill. Adm. Code 201.302(a),
    203.201, 205.310(a)(3), 254.132(a), 254.137(a), and 270.301(b); and 42 U.S.C. 7412(g)(2)(B).
    The People further allege that Wienmar violated these provisions by (1) operating a major
    stationary source without a Clean Air Act Operating Permit Program permit; (2) failing to
    comply with new source review requirements; (3) failing to obtain a maximum achievable
    control technology determination; (4) failing to comply with Emission Reduction Market System
    requirements; (5) violating construction and operating permit conditions and related regulatory
    requirements; and (6) failing to timely submit annual emissions reports. The complaint concerns
    Wienmar’s molded resin products manufacturing facility at 1601 La Fox, South Elgin, Kane
    County.
     
    On September 19, 2005, the People and Wienmar 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, Wienmar neither admits nor denies the alleged violations but agrees to pay a civil
    penalty of $55,000.
     
    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) (2000); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
     
     
     
      
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 6, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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