ILLINOIS POLLUTION CONTROL BOARD
April 2, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PLASTIC CAPACITORS, an Illinois
corporation,
Respondent.
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PCB 08-11
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On July 30, 2007, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Plastic Capacitors, Inc. (Plastic Capacitors). The
complaint concerns Plastic Capacitors’ manufacturing facility located at 2653 North Pulaski
Road in Chicago, Cook 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 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’s complaint alleges that Plastic Capacitors violated Sections 9(b) and
9.1(d)(1) of the Act (415 ILCS 5/9(b), 9.1(d)(1) (2006)), 40 C.F.R. §§ 63.463(a)(2), (a)(7)(c),
and (e)(2)(i), 40 C.F.R. §§ 63.468(f) and (h), and conditions 5(b), 7(a), 10(b), and 10(c) of the
National Emission Standards for Hazardous Air Pollutants (NESHAP) Source Permit No.
73100136.
1
Under the proposed stipulation, the People contend that based on a July 17, 2007
inspection of the facility by the Illinois Environmental Protection Agency (Agency), Plastic
The People allege that Plastic Capacitors violated these provisions by operating a
solvent cleaning machine above the solvent’s boiling point, operating a degreaser without a
carbon absorber, operating a degreaser below the required freeboard ratio, failing to submit
annual reports, and failing to submit semi-annual exceedance reports.
On February 18, 2009, the People and Plastic Capacitors filed a stipulation and proposed
settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
of the Environmental Protection Act (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).
1
Section 9.1(d)(1) of the Act prohibits persons from violating any provisions of Section 111,
112, 165, or 173 of the federal Clean Air Act or federal regulations adopted thereunder. 415
ILCS 5/9.1(d)(1) (2006).
2
Capacitors has violated Sections 9(a), 9(b), and 9.1(d)(1) of the Act (415 ILCS 5/9(a), 9(b),
9.1(d)(1) (2006))
,
40 C.F.R. §§ 63.463(a)(3), (a)(5), (b), (d)(8), (e), 40 C.F.R. § 63.467(b),
conditions 5(c), 5(d), 7(a), 7(b), and 9(b) of the NESHAP Source Permit No. 73100136, and
Section 201.302(a) of the Board’s air pollution regulations (35 Ill. Adm. Code 201.302(a)). The
People allege that Plastic Capacitors violated these provisions by operating the degreaser without
the required freeboard ratio, failing to maintain records of the freeboard ratio and modifications
thereto, failing to maintain records of air blanket temperature, failing to monitor air blanket
temperature, failing to maintain records of hoist speed, failing to monitor hoist speed, operating
the degreaser with excessive hoist speed, failing to use threaded or other leakproof couplings
when transferring solvent to and from the degreaser, failing to equip the degreaser with a vapor
level control device, and failing to submit annual emissions reports.
The Board provided notice of the stipulation, proposed settlement, and request for relief.
The newspaper notice was published in the
Chicago Sun-Times
on February 23, 2009. 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
Plastic Capacitors’ 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 Plastic
Capacitors have satisfied Section 103.302. Plastic Capacitors does not affirmatively admit the
violations alleged in the complaint or allegedly observed by the Agency on July 17, 2007, but
agrees to pay a civil penalty of $1,000. 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.
Plastic Capacitors must pay a civil penalty of $1,000 no later than May 4, 2009,
which is the first business day following the 30th day after the date of this order.
Plastic Capacitors must pay the civil penalty by certified check or money order,
payable to the Illinois Environmental Protection Agency, designated to the
Environmental Protection Trust Fund. The case number, case name, and Plastic
Capacitors’ federal tax identification number must appear on the face of the
certified check or money order.
3.
Plastic Capacitors must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services
3
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Plastic Capacitors must send a copy of the certified check or money order and any
transmittal letter to:
Andrew Armstrong
Assistant Attorney General
Environmental Bureau
69 West Washington Street, 18th Floor
Chicago, Illinois 60601
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
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
5.
Plastic Capacitors must cease and desist from future violations of the Act and
applicable regulations that were the subject of the complaint and that were
observed by the Agency during its July 17, 2007 inspection of the facility, and
that are referenced within Section I.B. of the stipulation and proposal for
settlement.
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, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on April 2, 2009, by a vote of 5-0.
___________________________________
John Therriault, Clerk
Illinois Pollution Control Board
