ILLINOIS POLLUTION CONTROL BOARD
May 3, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
NORTH AMERICAN LIGHTING, INC., a
Michigan corporation,
Respondent.
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PCB 06-78
(Enforcement - Air, Water)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On November 17, 2005, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a complaint against North American Lighting, Inc. (North
American Lighting).
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. In this case,
the People allege that North American Lighting violated Section 9(a) of the Environmental
Protection Act (Act) (415 ILCS 5/9(a) (2004)) and 35 Ill. Adm. Code 201.141. The People
further allege that North American Lighting violated these provisions by causing or tending to
cause air pollution. The complaint concerns North American Lighting’s automotive headlamp,
fog lamp, and auxiliary systems manufacturing facility at 20 Industrial Park, Flora, Clay County.
On March 28, 2007, the People and North American Lighting 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). The Board
provided notice of the stipulation, proposed settlement, and request for relief. The newspaper
notice was published in the
Daily Clay County Advocate-Press
on April 3, 2007. 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
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
North American Lighting’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)). The People and North
American Lighting have satisfied Section 103.302. Under the proposed stipulation, North
American Lighting neither admits nor denies the alleged violations but agrees to pay a civil
penalty of $20,000. The Board accepts the stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
2
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
North American Lighting, Inc. (North American Lighting) must pay a civil
penalty of $20,000 no later than June 4, 2007, which is the first business day after
the 30th day after the date of this order. North American Lighting must pay the
civil penalty by certified check, payable to the Illinois Environmental Protection
Agency, designated to the Illinois Environmental Protection Trust Fund. The case
number, case name, and North American Lighting’s federal employer
identification number (37-1131470) must be included on the certified check.
3.
North American Lighting must send the certified check to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
A copy of the check must be sent to:
Raymond J. Callery
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
John P. Waligore
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
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)).
5.
North American Lighting must cease and desist from the alleged violations.
IT IS SO ORDERED.
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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, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on May 3, 2007 by a vote of ________________.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
