ILLINOIS POLLUTION CONTROL BOARD
June 1, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
DOT PACKAGING GROUP, INC., an Indiana
corporation,
Respondent.
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PCB 06-41
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On September 12, 2005, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a complaint against DOT Packaging Group, Inc. (DOT). The
People allege the violations occurred at DOT’s lithographic printing facility at 1500 Paramount
Parkway, Batavia, Kane County. The Board accepted the complaint for hearing on
September 15, 2005.
The complaint alleges that DOT violated Section 9(a) and 39.5(6)(b) of the Illinois
Environmental Protection Act (Act) (415 ILCS 5/9(a) and 39.5(6)(b) (2004)) and 35 Ill. Adm.
Code 201.302(a), 218.105(d)(2)(A)(ii), 218.207(b)(1) and (c), and 218.211(e)(2)(B) by (1)
failing to control emissions from a coating line with an afterburner that provides an 81% overall
reduction in emissions of volatile organic materials; (2) failing to install, calibrate, maintain, and
operate a continuous temperature monitoring device on its afterburner; (3) failing to submit
complete and accurate annual emissions reports; and (4) violating conditions 7.2.3(e), 7.2.5(b),
7.2.8, 8.6.1, and 9.8 of its Clean Air Act Permit Program permit number 95090134.
On April 10, 2006, the People and DOT 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,
DOT does not admit the violations alleged in the complaint, but agrees to pay a civil penalty of
$33,311.
The Board provided notice of the stipulation, proposed settlement, and request for relief
from hearing. The Board published newspaper notice in the
Batavia Republican
on April 27,
2006. 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, DOT 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
$33,311 was appropriate.
The People and DOT 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. DOT Packaging Group, Inc. (DOT) must pay a civil penalty of $33,311 within 30
days from the date of this order.
3. DOT 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 DOT’s federal employer identification or social security
numbers 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 DOT.
4. DOT must submit the 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:
Ms. Paula Becker Wheeler
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
3
Chicago, Illinois 60601
Ms. Maureen Wozniak
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. DOT 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 June 1, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
