ILLINOIS POLLUTION CONTROL BOARD
July 12, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CONAIR CORPORATION, a Delaware
corporation,
Respondent.
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PCB 05-219
(Enforcement–RCRA)
ORDER OF THE BOARD (by N.J. Melas):
On June 27, 2005, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Conair Corporation.
See
415 ILCS 5/31(c)(1)
(2006); 35 Ill. Adm. Code 103.204. The complaint concerns Conair Corporation’s personal care
products packaging facility at 205 Shelhouse Drive, Rantoul, Champaign County. For the
reasons below, the Board directs the Clerk to provide public notice of the parties’ stipulation,
proposed settlement, and request for relief from the hearing requirement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
environmental requirements on behalf of the People.
See
415 ILCS 5/31 (2006); 35 Ill. Adm.
Code 103. In this case, the People allege that, in 2004, Conair Corporation violated Sections
9(b); 21(a), (e), (f), and (i); and 22.48 of the Act (415 ILCS 5/9(b); 21(a), (e), (f), and (i); and
22.48 (2006)) and 35 Ill. Adm. Code 201.142; 703.121(a)(1); 703.150; 722.134(a), (c), and (e);
722.141(a); 722.142(a); 725.113(a) and (b); 725.114(c); 725.115(a), (b), and (d); 725.116(a)
through (d); 725.152(a), (c), (d) and (e); 725.133; 725.137; 725.153; 725.155; 725.175;
725.212(a); 725,242(a); 725.243; 725.273(a); 725.274; and 808.121(a).
The People further allege that Conair Corporation violated these provisions by (1)
constructing and operating a source of air pollution without a permit; (2) violating hazardous
waste generator standards relating to the accumulation of hazardous waste and the packaging or
storage of universal waste and special waste; (3) violating hazardous waste analysis, analysis
plan, analytical results record retention, and posting of warning signs in a hazardous waste
management area of the hazardous waste treatment, storage, and disposal facility standards; (4)
violating hazardous waste employee training requirements; (5) violating hazardous waste permit
requirements; (6) violating hazardous waste reporting requirements; (7) violating hazardous
waste contingency planning requirements; (8) failing to test emergency equipment and to notify
and familiarize local emergency personnel; (9) failing to perform equipment inspections; and
(10) violating hazardous waste treatment, storage, and disposal facility closure plan
requirements.
2
On July 5, 2007, the People and Conair Corporation 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) (2006)). This filing is authorized by Section 31(c)(2) of the Act
(415 ILCS 5/31(c)(2) (2006)), 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). Under the proposed stipulation, Conair
Corporation does not affirmatively admit the alleged violations but agrees to pay a civil penalty
of $60,000.
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
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) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
Clerk of the Board to provide the required notice.
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on July 12, 2007, by a vote of 4-0.
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John T. Therriault, Assistant Clerk
Illinois Pollution Control Board