ELECTRONIC FILING, RECEIVED, CLERKS OFFICE APRIL 10, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
-
vs -
)
PCB No. 06 - 041
(Enforcement - Air)
DOT PACKAGING GROUP, INC ., an
)
Indiana corporation,
)
Respondent .
)
NOTICE OF FILING
TO : See Attached Service List
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have filed with the Office of the Clerk of the
Illinois Pollution Control Board by electronic . filing the following Stipulation and Proposal for
Settlement, and Motion to Request Relief from Hearing Requirement, copies of which are
attached and hereby served upon you
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
BY :
Paula
?r-
Becker
4_
Wheeler
6
'&*L'C~
Assistant Attorney General
Environmental Bureau
188 W . Randolph St ., 20" Floor
Chicago, Illinois 60601
312-814-1511
DATE
: April 10, 2006
THIS FILING IS SUBMITTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE APRIL 10, 2006
SERVICE LIST
Ms. Katherine D . Hodge
Mr . Gale Newton
Attorney at Law
Hodge Dwyer Zeman
3150 Roland Avenue
P .O . Box 5776
Springfield, IL 62705-5776
Mr . Bradley P . Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL . 60601
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE APRIL 10, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
_vs -
)
PCB No
. 06 - 041
(Enforcement
- Air)
DOT PACKAGING GROUP, INC
., an
)
Indiana corporation,
)
Respondent .
)
MOTION TO REQUEST RELIEF
FROM HEARING REOUIREMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, and requests relief from the hearing
requirement in the above-captioned matter
. In support thereof, the Complainant states as
follows :
1 .
On September 12, 2005, a Complaint was filed with the Pollution Control Board
("Board") in this matter
. On April 10, 2006, a Stipulation and Proposal for Settlement was filed
with the Board .
2.
Section 31(c)(2) of the Illinois Environmental Protection Act
("Act"), 415 ILCS
5/31(c)(2), (2004), allows the parties in certain enforcement cases to request relief from the
mandatory hearing requirement where the parties have submitted to the Board a stipulation and
proposal for settlement
. Section 31(c)(2) provides
:
Notwithstanding the provisions of subdivision (1) of this subsection
(c), whenever a
complaint has been filed on behalf of the Agency or by the People of the State of Illinois,
the parties may file with the Board a stipulation and proposal for settlement accompanied
by a request for relief from the requirement of a hearing pursuant to subdivision
(1).
Unless the Board, in its discretion, concludes that a hearing will be held, the Board shall
the
cause
same
notice
manner
of the
as is
stipulation,
required for
proposal
hearing
and
pursuant
request
to
for
subdivision
relief to be
(1)
published
of this
and
subsectionsent
in
.
The notice shall include a statement that any person may file a written demand for hearing
within 21 days after receiving the notice
. If any person files a timely written demand for
hearing, the Board shall deny the request for relief from a hearing and shall hold a hearing
in accordance with the provisions of subdivision
(1).
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE APRIL 10, 2006
3.
No hearing is currently scheduled in the instant case .
4 .
The Complainant requests the relief conferred by Section 31(c)(2) of the Act
.
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, requests relief from the requirement of a
hearing pursuant to 415 ILCS 5131(c)(2)(2004) .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the State of Illinois
By:
PAULA BECKER WHEELER
Assistant Attorney General
Environmental Bureau
188 W
. Randolph St ., 20th Fl .
Chicago, Illinois 60601
(312)814-1511
Dated : April 10, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE APRIL 10, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
))
Complainant,
)
-
vs -
)
PCB No . 06 - 041
(Enforcement
- Air)
DOT PACKAGING GROUP, INC., an
)
Indiana corporation,
)
Respondent .
)
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, the Illinois Environmental Protection Agency ("Illinois EPA"),
(together, the "Complainant") and DOT PACKAGING GROUP, INC
., ("Respondent" or
"DOT"),
have agreed to the making of this Stipulation and Proposal for Settlement
("Stipulation") and submit it to the Illinois Pollution Control Board ("Board") for approval . The
parties agree that the statement of facts contained herein represents a fair summary of the
evidence and testimony which would be introduced by the parties if a hearing were held
. The
parties further stipulate that this statement of facts is made and agreed upon for purposes of
settlement only and that neither the fact that a party has entered into this Stipulation, nor any of
the facts stipulated herein, shall be introduced into evidence in any other proceeding regarding
the claims asserted in the Complaint except as otherwise provided herein
. If the Board approves
and enters this Stipulation, Respondent DOT agrees to be bound by the Stipulation and Board
Order and not to contest their validity in any subsequent proceeding to implement or enforce
their terms .
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE APRIL 10, 2006
I. JURISDICTION
The Board has jurisdiction of the subject matter herein and of the parties consenting
hereto pursuant to the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/1 et seq.
(2004) .
II. AUTHORIZATION
The undersigned representatives for each party certify that they are fully authorized by the
party whom they represent to enter into the terms and conditions of this Stipulation and to
legally bind them to it .
III. STATEMENT OF FACTS
A.
Parties
1 .
On September 12, 2005, a Complaint was filed on behalf of the People of the
State of Illinois by Lisa Madigan, Attorney General of the State of Illinois, on her own motion
and upon the request of the Illinois EPA, pursuant to Section 31 of the Act, 415 ILCS
5/31(2004), against the Respondent.
2 .
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section 4 of the Act, 415 ILCS 5/4 (2004)
.
3.
At all times relevant to the Complaint, Respondent was and is an Indiana
corporation that is authorized to transact business in the State of Illinois, and in good standing
.
DOT was formerly known as John D . Clarke & Co., Inc
. and DOT Packaging Group-Clarke Inc
.
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE APRIL 10, 2006
B.
Site Description
I .
At all times relevant to this complaint, Respondent, DOT, was and is the owner
and operator of the lithographic printing facility located at 1500 Paramount Parkway, Batavia,
Kane County, Illinois ("Facility" or "Site") .
2 .
DOT's facility includes three uncontrolled printing lines, an uncontrolled coating
line, and a coating line controlled by a catalytic oxidizer (afterburner)
. DOT's printing
operations generate air emissions of volatile organic materials ("VOM"), from process emission
sources and associated air pollution control equipment
.
C .
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the following provisions of the
Act, Board Air Pollution Regulations, and its CAAPP Permit :
Count I :
Failure to Control Coating Line with an Afterburner Providing an 81%
Overall Reduction in Volatile Organic Materials, in violation of
Section 9(a) of the Act, 415 ILCS 5/9(a) (2004), and Sections
218 .207(b)(1) and (c) of the Board's Air Pollution Regulations, 35 Ill .
Adm
. Code 218
.207(b)(1) and (c);
Count II :
Failure to Install, Calibrate, Maintain and Operate a Continuous
Temperature Monitoring Device on its Afterburner, in violation of
Section 9(a) of the Act, 415 ILCS 5/9(a) (2004), and Sections
218 .105(d)(2)(A)(ii) and 218 .211(e)(2)(B) of the Board Air Pollution
Regulations, 35 111 . Adm . Code 218 .105(d)(2)(A)(ii) and
218 .211(e)(2)(B) ;
Count III :
Failure to Submit Complete and Accurate Annual Emissions Reports, in
violation of Section 9(a) of the Act, 415 ILCS 5/9(a) (2004), and Section
201 .302 (a) of the Board Air Pollution Regulations, 35 111 . Adm. Code
201 .302 (a) ;
Count IV :
Violations of the CAAPP Permit, in violation of Section 39 .5 (6) (a) of the
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE APRIL 10, 2006
Act, 415 ILCS 5/39.5(6)(a) (2004), and Conditions
7.2 .3(e), 7.2.5(b),
7.2 .8, 8 .6.1, and 9 .8 of CAAPP Permit No
. 95090134 ;
D.
Admission of Violations
The Respondent represents that it has entered into this Stipulation for the purpose of
settling and compromising disputed claims without having to incur the expense of contested
litigation
. By entering into this Stipulation and complying with its terms, the Respondent does
not admit the allegations of violation within the Complaint and referenced within Section III
.C
herein, and this Stipulation shall not be interpreted as including such admission
.
IV. APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant and the
Respondent, and any officer, director, agent, or employee of the Respondent, as well as any
successors or assigns of the Respondent
. The Respondent shall not raise as a defense to any
enforcement action taken pursuant to this Stipulation the failure of any of its officers, directors,
agents, employees or successors or assigns to take such action as shall be required to comply with
the provisions of this Stipulation .
V
. COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of the Respondent to comply with
any other federal, state or local laws or regulations including, but not limited to, the Act and the
Board regulations, 35 Ill
. Adm
. Code, Subtitles A through H .
VI
. IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5133(c)(2004), provides as follows
:
4
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE APRIL 10, 2006
In making its orders and determinations, the Board shall take into consideration
all the facts and circumstances bearing upon the reasonableness of the emissions,
discharges, or deposits involved including, but not limited to
:
1 .
the character and degree of injury to, or interference with the protection of
the health, general welfare and physical property of the people ;
the social and economic value of the pollution source ;
3.
the suitability or unsuitability of the pollution source to the area in which
it is located, including the question of priority of location in the area
involved ;
4.
the technical practicability and economic reasonableness of reducing or
eliminating the emissions, discharges or deposits resulting from such
pollution source ; and
5.
any subsequent compliance .
In response to these factors, the parties state the following
:
1 .
Complainant maintains that causing, threatening or allowing the release of VOM
into the environment contributes to the degradation of air quality in Illinois .
There is social and economic benefit to the business of the Respondent
.
3 .
Operation of the facility is and was suitable for the area in which it is located .
4 .
Complying with the terms of its CAAPP permit, and complying with the Board's
requirements for coating operations, including recordkeeping and reporting, is both technically
practicable and economically reasonable .
5 .
Respondent has subsequently complied with the Act, the Board Regulations, and
its Permit by achieving an 81% reduction in uncontrolled VOM emissions, maintaining its
equipment properly, and keeping the required records . The CAAPP permit renewal application
has been submitted to the Illinois EPA and is currently pending with the Illinois EPA
.
5
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE APRIL 10, 2006
VII . CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h)(2004), provides as follows :
In determining the appropriate civil penalty to be imposed under . . .
this Section,
the Board is authorized to consider any matters of record in mitigation or
aggravation of penalty, including but not limited to the following factors
:
the duration and gravity of the violation
;
2
.
the presence or absence of due diligence on the part of the respondent in
attempting to comply with requirements of this Act and regulations
thereunder or to secure relief therefrom as provided by this Act
;
3 .
any economic benefits accrued by the respondent because of delay in
compliance with requirements, in which case the economic benefits shall
be determined by the lowest cost alternative for achieving compliance ;
4.
the amount of monetary penalty which will serve to deter further
violations by the respondent and to otherwise aid in enhancing voluntary
compliance with this Act by the respondent and other persons similarly
subject to the Act ;
the number, proximity in time, and gravity of previously adjudicated
violations of this Act by the respondent
;
6.
whether the respondent voluntarily self-disclosed, in accordance with
subsection i of this Section, the non-compliance to the Agency
; and
7 .
whether the respondent has agreed to undertake a "supplemental
environmental project," which means an environmentally beneficial
project that a respondent agrees to undertake in settlement of an
enforcement action brought under this Act, but which the respondent is
not otherwise legally required to perform .
In response to these factors, the parties state as follows :
1 .
The Complainant alleges that the Respondent failed to comply with the Board's
coating regulations and failed to conduct the required monitoring among other violations
. The
Complainant alleges that violations began on or around 1993 for the failure to install a
6
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE APRIL 10, 2006
monitoring device
. The Complainant alleges that other violations began in 1999 or later, and
were individually resolved on or before June 29, 2004
. The coating regulations, monitoring and
reporting requirements are of programmatic significance to the Illinois EPA
.
2.
Respondent was diligent in attempting to come back into compliance with the
Act, Board regulations and its Permit conditions, once the Illinois EPA notified it of its
noncompliance .
3.
An economic benefit was realized because of the delay in installation of the
monitor. The parties stipulate herein that the penalty amount agreed to is greater than the total
economic benefit realized herein because of delayed or avoided costs
.
4.
Complainant has determined, based upon the specific facts of this matter, that a
penalty of $33,311
.00 will serve to deter further violations and aid in future voluntary compliance
with the Act and Board regulations .
5 .
To Complainant's knowledge, Respondent has one previously adjudicated
violation of the Act : Kane County Circuit, case number 04 CH K 1348
. The Consent Order
was entered on January 31, 2005, the single count of the complaint alleging failure to timely
submit its application for renewal of its CAAPP Permit, therefore, operating without a permit.
6.
This matter does not arise from a self-disclosure, but rather required reporting by
the Respondent .
7.
The settlement of this matter does not include a supplemental environmental
project.
7
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE APRIL 10, 2006
VIII. TERMS OF SETTLEMENT
A.
Penalty Payment
The Respondent shall pay a civil penalty in the sum of Thirty Three Thousand
and Three Hundred Eleven Dollars ($33,311 .00) within thirty (30) days from the date the Board
adopts and accepts this Stipulation . The Respondent stipulates that payment has been tendered
to Respondent's attorney of record in this matter in a form acceptable to that attorney
. Further,
Respondent stipulates that said attorney has been directed to make the penalty payment on
behalf of Respondent, within thirty (30) days from the date the Board adopts and accepts this
Stipulation, in a manner prescribed below . The penalty described in this Stipulation shall be paid
by certified check, money order or electronic funds transfer payable to the Illinois EPA,
designated to the Illinois Environmental Protection Trust Fund and submitted to
:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O . Box 19276
Springfield, IL 62794-9276
The name and number of the case and Respondent's Federal Employer Identification Number
("FEIN") shall appear on the check
. A copy of the certified check, money order or record of
electronic funds transfer and any transmittal letter shall be sent to :
Paula Becker Wheeler
Assistant Attorney General
Environmental Bureau
188 W
. Randolph St., 20" Floor
Chicago, Illinois 60601
Maureen Wozniak
Assistant Counsel
8
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE APRIL 10, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g) (2004), interest shall
accrue on any payment not paid within the time period prescribed above at the maximum rate
allowable under Section 1003 (a) of the Illinois Income Tax Act, 35 ILCS 5/1003 (2004)
.
Interest on any unpaid payment shall begin to accrue from the date the payment is due and
continue to accrue until the date payment is received
. When partial payment(s) are made, such
partial payment shall be first applied to any interest on unpaid payment then due and owing
. All
interest on payment owed shall be paid by certified check, money order or electronic funds
transfer, payable to the Illinois EPA, designated to the Illinois Environmental Protection Trust
Fund and delivered to the address and in the manner described above
.
3.
For purposes of payment and collection, Respondent may be reached at the
following address :
DOT Packaging Group, Inc .
1500 Paramount Parkway
Batavia, Illinois 60510
4.
In the event of default of this Section VIII
.A, the Complainant shall be entitled to
all available relief including, but not limited to, reasonable costs of collection and reasonable
attorney's fees.
B.
Future Use
Notwithstanding any other language in this Stipulation to the contrary, and in
consideration of the mutual promises and conditions contained in this Stipulation, including the
9
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE APRIL 10, 2006
Release from Liability contained in Section VIII
.D, below, the Respondent hereby agrees that this
Stipulation may be used against the Respondent in any subsequent enforcement action or permit
proceeding as proof of a past adjudication of violation of the Act and the Board Regulations
promulgated thereunder for all violations alleged in the Complaint in this matter, for purposes of
Section 39(a) and (i) and/or 42(h) of the Act, 415 ILCS 5/39(a) and(i) and/or 5/42(h)(2004)
.
Further, Respondent agrees to waive any rights to contest, in any subsequent enforcement action
or permit proceeding, any allegations that these alleged violations were adjudicated
.
C.
Cease and Desist
The Respondent shall cease and desist from future violations of the Act and Board
Regulations that were the subject matter of the Complaint as outlined in Section III
.C
("Allegations of Non-Compliance") of this Stipulation .
D.
Release from Liability
. In consideration of the Respondent's payment of the $33,311
.00 penalty and any specified
costs and accrued interest, its commitment to Cease and Desist as contained in Section VIII
.C
and upon the Pollution Control Board's acceptance and approval of the terms of this Stipulation
and Proposal for Settlement, the Complainant releases, waives and discharges the Respondent
from any further liability or penalties for violations of the Act and Board Regulations that were
the subject matter of the Complaint herein
. The release set forth above does not extend to any
matters other than those expressly specified in Complainant's Complaint accepted by the Board
for filing on September 12, 2005
. The Complainant reserves, and this Stipulation is without
prejudice to, all rights of the State of Illinois against the Respondent with respect to all other
matters, including but not limited to, the following :
10
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE APRIL 10, 2006
a.
criminal liability ;
b.
liability for future violation of state, federal, local, and common laws and/or
regulations ;
c.
liability for natural resources damage arising out of the alleged violations
; and
d.
liability or claims based on the Respondent's failure to satisfy the requirements of
this Stipulation
.
Nothing in this Stipulation is intended as a waiver, discharge, release, or covenant not to
sue for any claim or cause of action, administrative or judicial, civil or criminal, past or future, in
law or in equity, which the State of Illinois or the Illinois EPA may have against any person, as
defined by Section 3
.315 of the Act, 415 ILCS 5/3
.315, or entity other than the Respondent
.
E.
Right of Entry
In addition to any other authority, the Illinois EPA, its employees and representatives,
and the Attorney General, her agents and representatives, shall have the right of entry into and
upon the Respondent's facility which is the subject of this Stipulation, at all reasonable times for
the purposes of carrying out inspections
. In conducting such inspections, the Illinois EPA, its
employees and representatives, and the Attorney General, her employees and representatives may
take photographs, samples, and collect information, as they deem necessary
.
F.
Enforcement of Board Order
1.
Upon the entry of the Board's Order approving and accepting this Stipulation and
Proposal for Settlement, that Order is a binding and enforceable order of the Illinois Pollution
Control Board and may be enforced as such through any and all available means
.
2.
Respondent agrees that notice of any subsequent proceeding to enforce the Board
11
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE
. APRIL 10, 2006
Order approving and accepting this Stipulation and Proposal for Settlement may be made by
certified mail and waives any requirement of service of process
.
3.
The parties agree that, if the Board does not approve and accept this Stipulation
and Proposal for Settlement, then neither party is bound by the terms herein .
4.
It is the intent of the Complainant and Respondent that the provisions of this
Stipulation and Proposal for Settlement and any Board Order accepting and approving such shall
be severable, and should any provision be declared by a court of competent jurisdiction to be
inconsistent with state or federal law, and therefore unenforceable, the remaining clauses shall
remain in full force and effect .
(THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK)
12
MATTHEW J
. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY :
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
ROBERT A. MESSINA
Chief Legal Counsel
DOT PACKAGING GROUP, INC
.
BY :
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE APRIL 10, 2006
WHEREFORE, Complainant and Respondent DOT PACKAGING GROUP, INC .
request that the Board adopt and accept the foregoing Stipulation and Proposal for Settlement as
written.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
ROSEMARIE CAZEAU, Chief
Environmental Bureau
Assistant Attorney General
Name :
L AI%C r+ .
C .
rlo '.Ly
Title : 1/(~
}
~rec
h cr
13
DATE :
DATE
DATE :
vec~
I4)
2005
BY
:
BY
:
a I ,
EAU, C
Environmental Bureau
Assistant Attorney General
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE APRIL 10, 2006
WHEREFORE, Complainant and Respondent DOT PACKAGING GROUP, INC
.
request that the Board adopt and accept the foregoing Stipulation and Proposal for Settlement as
written.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
ROBERT A
. MESSINA
Chief Legal Counsel
DOT PACKAGING GROUP, INC.
BY:
Name:
Title :
13
DATE:
April 10, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE APRIL 10, 2006
CERTIFICATE OF SERVICE
I, PAULA BECKER WHEELER, an Assistant Attorney General in this case, do certify
that I caused to be served this 10th day of April, 2006, the foregoing Stipulation and Proposal for
Settlement, Motion for Request for Relief from Hearing Requirement and Notice of Filing upon
the persons listed on said Notice by depositing same in an envelope, by first class postage and
certified mail prepaid, with the United States Postal Service at 188 West Randolph Street,
Chicago, Illinois, at or before the hour of 5
:00 p .m
.
PAULA BECKER WHEELER
