ILLINOIS POLLUTION CONTROL BOARD
October 20, 2005
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
COLOR COMMUNICATIONS, INC. an
Illinois corporation,
Respondent.
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PCB 05-28
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On August 13, 2004, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Color Communications, Inc. (Color
Communications). The complaint concerns Color Communications’ color display systems
manufacturing facilities (two sites) at 4000 and 4242 West Fillmore, in Chicago, Cook County.
The Board accepted the complaint for hearing on August 19, 2004.
In the complaint, the People allege that Color Communications violated Sections 9(a) and
39.5(6)(a) of the Environmental Protection Act (Act) (415 ILCS 5/9(a), 39.5(6)(a) (2004)) and
various Board regulations by (1) failing to maintain and operate permanent total enclosure and
achieve required control efficiency on its coating line #3; (2) failing to report non-compliance on
its coating line #3; (3) failing to provide an Emissions Reduction Market System (ERMS)
account officer and submit ERMS submittals; (4) violating the Clean Air Act Permit Program
(CAAPP) permit relating to its flexographic prin
ting lines; (5) and violating the CAAPP permit,
reporting, and ERMS account officer requirements relating to its coating line #3.
On September 16, 2005, the People and Color Communications 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)). These filings are 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, Color Communication does not admit the violations alleged in the
complaint, but agrees to pay a civil penalty of $90,000.
The Board provided notice of the stipulation, proposed settlement, and request for relief
from hearing. The Board published newspaper notice in the
Chicago Sun-Times
on
September 19, 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 the
respondents’ 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.
As previously stated, Color Communications does not admit the violations alleged in the
complaint, but agrees to pay a civil penalty. The stipulation also addresses the factors of Section
42(h) of the Act (415 ILCS 5/42(h) (2004),
as amended by
P.A. 93-575, (eff. Jan. 1, 2004),
which may mitigate or aggravate the civil penalty amount. The People determined that a civil
penalty of $90,000 was appropriate.
The People and the respondent have satisfied Section 103.302. 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. Color Communications, Inc. (Color Communications) must pay a civil penalty of
$90,000 within 30 days from the date of this order.
3. Color Communications 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 Color Communications’ federal employer
identification number must be included on the certified check or money order. If
submitting an electronic funds transfer to the Agency, the electronic funds transfer
must be made in accordance to the specific instructions provided to Color
Communications.
4. Color Communications must submit its certified check, money order or electronic
funds transfer to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
5. A copy of the certified check, money order or record of the electronic funds
transfer and any transmittal letter must be sent to the following:
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Ms.
Paula
Becker
Wheeler
Assistant
Attorney
General
Environmental
Bureau
188 West Randolph Street, 20th Floor
Chicago,
Illinois
60601
Mr. Robb Layman
Assistant
Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
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
set forth in Section 1003(a) of the Illinois Income Tax Act. 35 ILCS 5/1003(a)
(2004).
7.
Color Communications 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 October 20, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
