ILLINOIS POLLUTION CONTROL BOARD
May 7, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
MII, INC.,
Respondent.
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PCB 09-16
(Enforcement)
OPINION AND ORDER OF THE BOARD (by G.L. Blankenship):
On September 12, 2008, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a complaint against MII, Inc. (MII) concerning MII’s
manufacturing facility located at 2200 West 5th Street, Lincolnwood, Logan County. The parties
now seek to settle without a hearing. For the reasons below, the Board accepts the parties’
stipulation and proposal for 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 allege that MII violated Sections 21(a), 21(f)(1), 21(f)(2), 21(p)(1), and
24 of the Act (415 ILCS 5/21(a), (f)(1), (f)(2), and (p)(1), and /24 (2006)); 703.121(a) and (b),
722.134(a) and (c), and 725.273(a) of the Board’s Hazardous Waste Operating Regulations; and,
900.102, 901.106(a), and 901.102(a) and (b) of the Board’s Noise Pollution Regulations. The
People allege that these sections were violated by the following: causing or allowing the open
dumping of waste in a manner resulting in litter (count I); by storing hazardous wastes in
unlabeled and open containers without a Resource Conservation and Recovery Act (RCRA)
permit (count II); and, by producing sound pressure levels in violation of the Board’s regulations
for daytime and nighttime hours, and for prominent discrete tones.
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On March 13, 2009, the People and MII filed a stipulation and proposal for 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
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In the stipulation and proposal for settlement, the Agency withdrew three alleged violations in
counts I and II, including Sections 21(d)(1) of the Act (415 ILCS 5/21(d)(1) (2006)) and Section
812.101(a) of the Board’s Waste Disposal Regulations 35 Ill. Adm. Code 812.101(a) from count
I, and Section 21(e) of the Act (415 ILCS 5/21(e) (2006) from count II.
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hearing.
See
35 Ill. Adm. Code 103.300(a). The Board provided notice of the stipulation and
proposal for settlement, and request for relief in
The Courier
newspaper on April 1, 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 proposals for settlement.
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 MII’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)), which bears on the reasonableness of
the circumstances surrounding the alleged violations. MII admits to 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. MII agrees to pay a civil
penalty of $15,000.00. MII also agrees to pay investigative costs in the amount of $10,000.00.
The People and MII have satisfied Section 103.302. The Board accepts the stipulation and
proposal for 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.
MII must pay a civil penalty of $15,000.00 no later than June 8, 2009, which is
first business day following the 30th day after the date of this order. MII must
pay $15,000 by certified check or money order payable to the Illinois
Environmental Protection Trust Fund. MII must also pay $10,000 in investigative
costs by certified check or money order payable to the Illinois Attorney General’s
Office for deposit into the State Projects and Court Ordered Distribution Fund.
The case name, case number, and MII’s Federal Employer Identification Number
must appear on the face of each certified check or money order.
3.
MII must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
MII must send a copy of the certified check or money order and any transmittal
letter to:
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Environmental Bureau
Illinois Attorney General’s Office
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
4.
MII must submit payment of investigative costs to:
Illinois Attorney General’s Office
Josiah E. Small
Accounting Director
500 South Second Street
Springfield, Illinois 62706
MII must send a copy of the certified check or money order and any transmittal
letter to:
Environmental Bureau
Illinois Attorney General’s Office
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
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.
MII 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 Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on May 7, 2009, by a vote of 5-0.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board
