ILLINOIS POLLUTION CONTROL BOARD
July 20, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
FELLOWES MANUFACTURING
COMPANY a/k/a FELLOWES, INC.,
Respondent.
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PCB 04-193
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On May 6, 2004, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a five-count complaint against Fellowes Manufacturing Company.
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns flexographic
printing lines at Fellowes Manufacturing Company’s office supplies and corrugated box
manufacturing facility at 1789 Norwood Avenue, Itasca, DuPage County. The parties now seek
to settle. For the reasons below, the Board accepts the parties’ stipulation and proposed
settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (2004)), the
Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the
People to enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2004); 35 Ill. Adm.
Code 103. In this case, the People allege that Fellowes Manufacturing Company violated
Sections 9(a) and (b) and 39.5(6)(b) of the Act (415 ILCS 5/9(a) and (b) and 39.5(6)(b) (2004))
and 35 Ill. Adm. Code 201.142, 201.143, 203.201, and 254.132(a) by (1) failing to obtain a
construction permit; (2) failing to obtain a State operating permit; (3) failing to submit a Clean
Air Act Permit Program (CAAPP) application; (4) constructing a major stationary source in
violation of New Source Review requirements; and (5) failing to submit annual emissions
reports.
On June 8, 2006, the People and Fellowes Manufacturing Company 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)), which requires that the public have an
opportunity to request a hearing whenever the State and a respondent propose settling an
enforcement action without a public hearing.
See
35 Ill. Adm. Code 103.300(a). The Board
provided notice of the stipulation, proposed settlement, and request for relief from hearing. The
Board published newspaper notice in the
Itasca Press/Liberty Suburban Chicago
on June 22,
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).
2
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
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
Fellowes Manufacturing Company’s 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.
Fellowes Manufacturing Company denies the alleged violations. The stipulation also
addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate
or aggravate the civil penalty amount. Fellowes Manufacturing Company agrees to pay a civil
penalty of $189,250 and to make an additional payment of $10,750 in avoided air pollution site
fees for the years 1986 through 2001, which the parties stipulate negates any economic benefit
derived from delayed compliance. The People further assert will serve to deter further violations
and aid in future voluntary compliance with the Act and Board regulations.
The People and Fellowes Manufacturing Company have satisfied Section 103.302. The
Board accepts the stipulation and proposed settlement. This docket is now closed.
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.
Fellowes Manufacturing Company, through its attorney of record, must pay a
civil penalty of $189,250 no later than August 21, 2006, which is the first
business day after the 30th day after the date of this order. Fellowes
Manufacturing Company 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 Fellowes Manufacturing Company’s
federal employer identification number must be included on the certified check or
money order.
2.
Fellowes Manufacturing Company, through its attorney of record, must pay
$10,750 in avoided air pollution site fees for the years 1986 through 2001 no later
than August 21, 2006, which is the first business day after the 30th day after the
date of this order. Fellowes Manufacturing Company must pay the civil penalty
by certified check, money order, or electronic funds transfer, payable to the
Environmental Inspection and Permit Fund. The case number, case name, and
Fellowes Manufacturing Company’s federal employer identification number must
be included on the certified check or money order.
3.
Fellowes Manufacturing Company, through its attorney of record, must send the
certified check, money order, or electronic funds transfer to the following person
at the indicated address:
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Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Fellowes Manufacturing Company, through its attorney of record, must send a
copy of the certified check, money order, or record of electronic funds transfer
and any transmittal letter to the following person at the indicated address:
Rebecca A. Burlingham, Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago, Illinois 60601
Maureen Wozniak, Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
5.
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)).
6.
Fellowes Manufacturing Company 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 July 20, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
