ILLINOIS POLLUTION CONTROL BOARD
November 1, 2007
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PHOENIX FINISHING, INC., an Illinois
corporation,
Respondent.
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PCB 05-202
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by A.S. Moore):
On June 3, 2005, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a three-count complaint against Phoenix Finishing,
Inc. (PFI).
See
415 ILCS 5/31(c)(1) (2006); 35 Ill. Adm. Code 103.204. The People
allege that PFI violated Sections 9(a) and (b) of the Environmental Protection Act (Act)
(415 ILCS 5/9(a), (b) (2006)) and several of the Board’s air pollution regulations by
operating paint booths and ovens without an operating permit from the Illinois
Environmental Protection Agency, applying coatings containing excessive amounts of
volatile organic material (VOM), and failing to timely file annual emission reports. The
complaint concerns PFI’s electronic parts coating and silk screening facility located at
1090 Industrial Drive, in Bensenville, DuPage County.
On September 25, 2007, the People and PFI 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 the stipulation, proposed settlement, and request for relief.
The newspaper notice was published in GateHouse Media Suburban Newspapers of
Bensenville and Wood Dale on October 4, 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 PFI’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) (2006)). The People and
PFI have satisfied Section 103.302. PFI neither admits nor denies the alleged violations
and agrees to pay a civil penalty of $2,000, with $1,500 designated to the Environmental
Protection Permit and Inspection Fund and $500 designated to the Environmental
Protection Trust Fund. The Board accepts the stipulation and proposed settlement.
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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.
PFI must pay a civil penalty of $2,000 no later than Monday, December 3,
2007, which is the first business day after the 30th day after the date of
this order. PFI must pay the civil penalty by certified check or money
order, payable in the amount of $1,500 to the Environmental Protection
Permit and Inspection Fund and in the amount of $500 to the
Environmental Protection Trust Fund. The case number, case name, and
PFI’s federal employer identification number must be included on the
certified check or money order.
3.
PFI must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
A copy of the certified check or money order and any transmittal letter
must be sent to:
L. Nichole Cunningham
Assistant Attorney General
Environmental Bureau
100 W. Randolph St.
Chicago, IL 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)
(2006)) at the rate set forth in Section 1003(a) of the Illinois Income Tax
Act (35 ILCS 5/1003(a) (2006)).
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6.
PFI 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 November 1, 2007, by a
vote of 4-0.
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John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
