ILLINOIS POLLUTION CONTROL BOARD
    January 18, 2001
    PEOPLE OF THE STATE OF ILLINOIS, )
    )
    Complainant, )
    )
    v. ) PCB 00-192
    ) (Enforcement – Air)
    WISMARQ CORPORATION, )
    )
    Respondent. )
    OPINION AND ORDER OF THE BOARD (by S.T. Lawton, Jr.):
    On December 11, 2000, the complainant filed a stipulation and proposal for settlement.
    The Board accepts the stipulation and proposal for settlement in this matter. The complaint
    alleged that respondent violated Section 9(a) of the Environmental Protection Act (Act) (415
    ILCS 5/9(a) (1998)), and the Board’s regulations found at 35 Ill. Adm. Code 201.302,
    205.310, 254.102, and 254.202, by failing to submit annual emissions reports and an emission
    reduction market system (ERMS) application.
    Pursuant to Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)), the Board caused
    publication of the required newspaper notice of the stipulation and proposal for settlement and
    request for relief from the hearing requirement. The notice appeared in the
    Chicago Sun Times
    on December 15, 2000. The Board has not received any requests for hearing. Accordingly,
    the Board grants a waiver from the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Respondent denies
    that they failed to timely submit the required annual emissions reports and ERMS application.
    However, respondent agrees to pay a civil penalty of $10,000. Respondent must continue to
    comply with any federal, State, or local regulations including, but not limited to, the Act and
    the Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1. The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Wismarq Corporation (respondent),
    concerning its facility located at 11440 West Addison Street, Franklin Park,
    Cook County, Illinois. Respondent manufactures painted steel and aluminum
    2
    building products at the above location. The stipulation and settlement
    agreement is incorporated by reference as though fully set forth herein.
    2. Respondent shall pay the sum of $10,000 in six equal installments of $1,666.67.
    The first payment shall be made within 30 days of this order. Each additional
    payment shall be made within 30 days thereafter, so that respondent will pay the
    $10,000 penalty in full within 6 months from the date that the Board adopts this
    final order. Such payment shall be made by certified check or money order,
    payable to the Illinois Environmental Protection Agency, and designated for
    deposit to the Environmental Protection Trust Fund. The case number, case
    name, and the respondent’s Federal Employer Identification Number, shall also
    be included on each check or money order, and should clearly indicate that
    payment is directed to the Environmental Protection Trust Fund.
    3. The check or money order shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Kelly O’Connor
    Assistant Attorney General
    Illinois Attorney General’s Office
    Environmental Bureau
    188 West Randolph Street, 20
    th
    Floor
    Chicago, Illinois 60601
    4. Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act,
    (35 ILCS 5/1003
    (1998)
    ), as now or hereafter amended, from the date payment
    is due until the date payment is received. Interest shall not accrue during the
    pendency of an appeal during which payment of the penalty has been stayed.
    5.
     
    Respondent shall cease and desist all future violations of any federal, State, or
    local statutes and regulations.
    IT IS SO ORDERED.
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    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this order. Illinois Supreme Court Rule 335 establishes such filing requirements.
    See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.520, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 18th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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