ILLINOIS POLLUTION CONTROL BOARD

February 5, 2009

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

HIGHLAND BAKING COMPANY, INC.,

an Illinois corporation,

Respondent.

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PCB 08-51

(Enforcement - Air)

ORDER OF THE BOARD (by S.D. Lin):

On March 12, 2008, the Office of the Attorney General, on behalf of the People of the

State of Illinois (People), filed a six count complaint (complaint) against Highland Baking

Company (Highland) concerning Highland’s bakery located at 3665 West Lunt Avenue,

Lincolnwood, Cook County. The parties now seek to settle without a hearing. For the reasons

below, the Board directs the Clerk to provide public notice of the parties’ stipulation (Stip.),

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 on behalf of the People to

enforce Illinois’ environmental requirements.

See

415 ILCS 5/31 (2006); 35 Ill. Adm. Code 103.

In this case, the People allege that Highland violated Sections 9(a), 9(b), and 39.5(6)(b) of the

Act (415 ILCS 5/9(a), (b) and 5/39.5(6)(b) (2006)), and Sections 201.142, 201.143, 203.201,

203.203(a), 205.310.(a)(3) and 201.302(a) of the Board’s Air Pollution Regulations

1

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

, by failing

to construct and operate a new, stationary source of air pollution with the necessary permits,

requirements, and reports. Comp. at 1-23.

On January 29, 2009, the People and Highland 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, Highland

neither admits nor denies the alleged violations, but agrees to pay a civil penalty of $75,000.00.

1

As recited in the stipulation (Stip at 2), Count VI of the complaint alleges violation of Section

254.137(a) of the Illinois Environmental Protection Agency’s Air Pollution Regulations. The

Board notes that it has authority to enforce only violations of the Act and the Board’s own rules.

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