ILLINOIS POLLUTION CONTROL BOARD
    June 1, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    OMRON AUTOMOTIVE ELECTRONICS,
    INC., a Delaware corporation,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 05-56
    (Enforcement - Air)
    ORDER OF THE BOARD (by A.S. Moore):
    On September 21, 2004, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a four-count complaint against Omron Automotive
    Electronics, Inc. (Omron).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The
    People allege that Omron violated Sections 9(b) and 39.5(6)(b) of the Environmental Protection
    Act (Act) (415 ILCS 5/9(b), 39.5(6)(b) (2004)); Sections 201.142 and 201.143 of the Board’s air
    pollution regulations (35 Ill. Adm. Code 201.142, 201.143); and conditions 3, 5, 7, and 9 of
    Omron’s Lifetime Operating Permit No. 95100061.
    According to the complaint, Omron violated these provisions by constructing new
    emission sources without obtaining a construction permit from the Illinois Environmental
    Protection Agency (Agency), by operating new emission sources without obtaining an operating
    permit from the Agency, by operating a facility regulated by the Clean Air Act Permit Program
    (CAAPP) without timely submitting a complete CAAPP permit application and obtaining a
    CAAPP permit, by exceeding monthly usage limits, by failing to keep required records, by
    failing to report exceedances, by failing to obtain a revised permit, and by operating equipment
    capable of causing or contributing to air pollution in violation of permit conditions. The
    complaint concerns Omron’s relay and electronic control unit manufacturing facility located at
    3709 Ohio Avenue, in St. Charles, Kane County.
    On May 26, 2006, the People and Omron 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, Omron
    neither admits nor denies the alleged violations and agrees to pay a civil penalty of $20,000 and
    to perform two supplemental environmental projects (SEP) with an approximate combined value
    of $193,500.
    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
    2
    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) (2004); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
    For the first SEP, Omron will use alternate materials for maintenance of the flux
    application equipment, soldering operations, and surface mounting operations at its St. Charles
    facility, resulting in a reduction of approximately three tons per year of volatile organic material
    (VOM). The Board notes the proposed settlement provides that Omron is obligated to complete
    this first SEP no later than April 30, 2006. While that date has passed, the Board observes that
    the proposed settlement was first signed by the Agency on April 15, 2006, indicating that the
    parties intended Omron to perform this first SEP within a short time.
    For the second SEP, Omron will construct a new oven for a lead-free solder reflow
    process, reducing the amount of lead used in the process, the amount of lead entering the
    environment, and the amount of hazardous waste generated at the site. The Board notes that the
    proposed settlement provides that Omron is obligated to complete the second SEP no later than
    June 30, 2006. The Board again observes that the proposed settlement was first signed by the
    Agency on April 15, 2006, indicating the amount of time the parties intended to allow Omron to
    perform this SEP. Accordingly, if the Board grants the motion for relief from the hearing
    requirement and accepts this proposed settlement, the Board will direct Omron to perform the
    first SEP on or before the 30th day after it grants that relief and to perform the second SEP on or
    before the 45th day after it grants that relief.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 1, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top