ILLINOIS POLLUTION CONTROL BOARD
August 21, 2008
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
SURFACE MANUFACTURING
COMPANY, an Illinois corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 08-91
(Enforcement - Water)
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
On June 16, 2008, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a one-count complaint against Surface Manufacturing Company
(Surface Manufacturing). The complaint concerns discharges in 2006 from Surface
Manufacturing’s metal finishing operation located at 135 South 4th Street, Village of Capron,
Boone County. The parties now seek to settle without a hearing. For the reasons below, the
Board accepts the parties’ stipulation and proposed settlement.
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 Surface Manufacturing violated Section 12(a) of
the Act (415 ILCS 5/12(a) (2006)). The People further allege that Surface Manufacturing
violated this provision by discharging chromium in excess of its permit limit into the Village of
Capron’s publicly owned treatment works (POTW), thereby threatening the discharge of
contaminants into the environment so as to tend to cause water pollution.
On July 14, 2008, the People and Surface Manufacturing filed a stipulation and proposed
settlement. On July 15, 2008, the People and Surface Manufacturing filed a request for relief
from the hearing requirement of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2006)).
These filings are 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). The Board provided notice of the stipulation, proposed settlement, and request
for relief. The newspaper notice was published in the
Boone County Journal
on July 25, 2008.
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).
2
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements.
See
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 respondents’ 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)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. The stipulation also
addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2006)), which may mitigate
or aggravate the civil penalty amount. Under the proposed stipulation, Surface Manufacturing
admits the alleged violations and agrees to pay a civil penalty of $12,000. The People and
respondent have satisfied Section 103.302. 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.
Respondent Surface Manufacturing Company must pay a civil penalty of $12,000.
Payment is due no later than September 22, 2008, which is the first business day
following the 30th day after the date of this order. Surface Manufacturing
Company must pay the civil penalty by certified check or money order payable to
the Illinois Environmental Protection Agency, designated to the Illinois
Environmental Protection Trust Fund. The case name, case number, and
respondent’s Federal Employer Identification Number must appear on the face of
the certified check or money order.
3.
Surface Manufacturing Company must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Respondent must send a copy of the certified check or money order and any
transmittal letter to:
Environmental Bureau
Illinois Attorney General's Office
500 South Second Street
Springfield, Illinois 62706
4.
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
3
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
5.
Respondent must cease and desist from future violations of the Environmental
Protection Act and Board regulations that were the subject of the complaint.
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 Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on August 21, 2008, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
