ILLINOIS POLLUTION CONTROL BOARD
September 6, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CONAIR CORPORATION, a Delaware
corporation,
Respondent.
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PCB 05-219
(Enforcement–RCRA)
OPINION AND 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.
The People allege that, in 2004, Conair Corporation violated Sections 9(b); 21(a), (e), (f),
and (i); and 22.48 of the Environmental Protection Act (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.
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)).
See
35 Ill. Adm. Code 103.300(a). The Board provided notice of
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the stipulation, proposed settlement, and request for relief. The newspaper notice was published
in
The Rantoul Press
on August 8, 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) (2006); 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
Oasis Industries’ 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) (2006)). The People and Conair
Corporation have satisfied Section 103.302. Conair Corporation does not affirmatively admit the
alleged violations but agrees to pay a civil penalty of $60,000. The stipulation states that
payment has been tendered to respondent’s attorney, who will make the required payment. 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.
Conair Corporation must pay a civil penalty of $60,000. Conair Corporation’s
attorney must make the $60,000 payment no later than Tuesday, October 9, 2007,
which is the first business day after the 30th day after the date of this order.
Conair Corporation’s attorney must pay the civil penalty by certified check,
money order, or electronic funds transfer payable to the Illinois Environmental
Protection Agency and designated to the Illinois Environmental Protection Trust
Fund. The case number, case name, and Conair Corporation’s federal employer
identification number must be included on the certified check, money order, or
electronic funds transfer.
3.
Conair Corporation’s attorney must send 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
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4.
A copy of the certified check, money order, or record of electronic funds transfer
and any transmittal letter must be sent to:
Kristen Laughridge Gale
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
Kyle Davis
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) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
6.
Conair Corporation 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) (2006);
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 September 6, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
