ILLINOIS POLLUTION CONTROL BOARD
    November 5, 2009
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    GOLDEN BAG COMPANY, an Illinois
    corporation,
    Respondent.
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    PCB 06-144
    (Enforcement – Air)
    OPINION AND ORDER OF THE BOARD (by G.T. Girard):
    On March 10, 2006, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed an eight-count complaint against Golden Bag Company (Golden
    Bag). The complaint concerns Golden Bag’s plastic bag manufacturing facility located at 290
    Illinois Street, Dundee, Kane 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 (2008)),
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    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 (2008); 35 Ill. Adm. Code 103.
    In this case, the People allege that Golden Bag violated Sections 9(a), 9(b), and 39.5(6)(b) of the
    Act (415 ILCS 5/9(a), 9(b), 39.5(6)(b) (2008)) and Sections 201.141, 201.143, 201.302(a),
    201.402, 203.201, 218.401(a) and (c), and 218.404(c) and (e) of the Board’s air pollution
    regulations (35 Ill. Adm. Code 201.141, 201.143, 201.302(a), 201.402, 203.201, 218.401(a) and
    (c), 218.404(c) and (e)), and Sections 254.132(a) and 254.137(a) of the Agency’s air pollution
    regulations (35 Ill. Adm. Code 254.132(a), 254.137(a)).
    The People further allege that Golden Bag violated these provisions by: causing,
    threatening, or allowing the discharge or emission of a contaminant into the environment through
    the production of scented bags resulting in the uncontrolled emission of volatile organic
    materials (VOMs) (count I); failing to obtain the requisite construction permits for the emission
    sources which it constructed at the facility (count II); failing to obtain an operating permit for its
    new emissions sources and air pollution control equipment (count III); operating a major source
    without a Clean Air Act Permit Program (CAAPP) permit (count IV); failing to comply with the
    new source review regulations as a result of its location in a severe ozone nonattainment area
    (count V); failing to submit complete and accurate annual emissions reports (count VI); failing to
    demonstrate compliance with regulations governing flexographic printing operations (count VII);
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    All citations to the Act will be to the 2008 compiled statutes, unless the provision at issue has
    been substantively amended in the 2008 compiled statutes.
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    failing to comply recordkeeping and reporting requirements for flexographic printing operations
    (count VIII).
    On August 21, 2009, the People and Golden Bag 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) (2008)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2008)), 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
    Courier
    News
    on August 27, 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)
    (2008); 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.
    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 Golden Bag’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) (2008)), which bears on the
    reasonableness of the circumstances surrounding the alleged violations. Golden Bags neither
    admits nor denies the alleged violations. The stipulation also addresses the factors of Section
    42(h) of the Act (415 ILCS 5/42(h) (2008)), which may mitigate or aggravate the civil penalty
    amount. Golden Bags agrees to pay a civil penalty of $20,000. Of the $20,000, $3,200
    represents avoided operating permit fees and has already been tendered to the Illinois EPA
    Permit and Inspection Fund. Golden Bags agrees to pay the balance, $16,800. The People and
    Golden Bags 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.
    Golden Bags Company (Golden Bags) must pay a civil penalty of $20,000 no
    later than December 7, 2009, which is the first business day following the 30th
    day after the date of this order. Of the $20,000, $3,200 represents avoided
    operating permit fees and has already been tendered to the Illinois EPA Permit
    and Inspection Fund. Golden Bags must pay the balance of $16,800 no later than
    Decemer 7, 2009. Golden Bags must pay the civil penalty by certified check or
    money order payable to the Illinois Environmental Protection Agency for deposit
    into the Environmental Protection Trust Fund. The case name, case number, and
    Golden Bag’s federal tax identification number must appear on the face of the
    certified check or money order.
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    3.
    Golden Bags 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
    Golden Bags must send a copy of the certified check or money order and any
    transmittal letter to:
    L. Nichole Cunningham
    Assistant Attorney General
    Environmental Bureau
    69 W. Washington St., Suite 1800
    Chicago, Illinois 60602
    4.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2008)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2008)).
    5.
    Golden Bags 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) (2008);
    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 November 5, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board
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