ILLINOIS POLLUTION CONTROL BOARD
    June
    28,
    1977
    ENVIRON~4ENTALPROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 76-79
    CITY OF CHICAGO, a municipal
    corporation,
    Respondent.
    MR. MICHAEL A. BENEDETTO,
    JR., ASSISTANT ATTORNEY GENERAL, APPEARED
    FOR THE COMPLAINANT;
    MR. HENRY
    F. WEBER, ASSISTANT CORPORATE COUNSEL, APPEARED FOR THE
    RESPONDENT.
    OPINION
    AND ORDER
    OF THE BOARD
    (by Mr. Goodman):
    This matter is before the Board on a Complaint filed by the
    Environmental Protection Agency
    (Agency)
    on March 19,
    1976.
    The
    Complaint alleges that the City of Chicago violated Rule 103(b) (2)
    of Chapter
    2, Part
    I of the Air Regulations and Section
    9(b)
    of the
    Environmental Protection Act
    (Act)
    in that Respondent caused its
    coal-fired boilers, used
    in conjunction with the Roseland Pumping
    Station, to operate without having obtained the requisite operating
    permits.
    A hearing was held on June
    11,
    1976 at which time a Stipu-
    lation and Proposed Settlement was submitted for the Board’s approval.
    Additional testimony was offered by the City for consideration as
    mitigating factors
    in the Board’s final determination.
    The Stipulated
    facts indicate the City owns and operates a
    water
    pumping facility known as the “Roseland Pumping Station”.
    In 1970
    the City contracted to replace the Station’s
    four coal—fired boilers
    with four gas-steam generators.
    One was replaced in 1971 but speci-
    fied performance was not attained.
    In September,
    1974, the Agency
    sent the City a warning that its three remaining coal-fired boilers
    were in operation without the necessary permits.
    On January 27, 1976
    the City applied for the permits but was rejected due to excessive
    emissions.
    A variance from the particulate limitations filed March
    3,
    1976
    was subsequently withdrawn to avoid duplication with the
    subject matter of this Complaint.
    Respondent admits
    it
    violated Rule
    103(b)
    (2)
    of Chapter
    2,
    Part
    I
    of the Air Regulations.
    The Board
    26
    —
    17
    —2—
    finds the City of Chicago in violation of Rule 103(b) (2)
    of Chapter
    2,
    Part
    I of the Air Regulations
    for failing to obtain the requisite
    Agency permit.
    The City sets forth
    in the settlement a construction program
    initiated
    in October,
    1976
    (with a schedule set forth therein),
    whereby three gas-steam generators will be substituted, one by one,
    for the three coal—fired boilers now in operation.
    Upon removal
    of the last boiler scheduled for January 31,
    1978,
    the Station
    is
    expected to be in full compliance with Board Regulations.
    The City
    has agreed it will apply for all construction and operating permits
    relative to the generation of power within
    30 days of the Board’s
    Order herein.
    Whether or not to impose
    a penalty was not addressed in the
    Settlement Proposal.
    The Board believes
    a penalty is necessary
    here in order to deter unnecessary violations of the Regulations
    and to uphold the integrity of the permit system.
    In determining
    the amount,
    the Board considers the City’s status as a governmental
    body to be
    a mitigation factor.
    We recognize the delay
    in the new
    generator’s installation and operation resulted from the City’s con-
    tracting restrictions.
    More importantly,
    any monetary penalty imposed
    will ultimately be paid by the taxpayer rather than by those officials
    responsible
    for the violation.
    Therefore, the Board will assess the
    City a $300.00 penalty for the violation found herein.
    The
    Board
    hereby
    accepts
    the
    Proposed
    Settlement
    and
    Stipulation
    as
    presented
    by
    the
    parties,
    and
    it
    is
    incorporated
    by
    reference
    as
    if fully set forth herein.
    The Board orders the parties to carry out
    the
    provisions
    of
    the
    agreed
    upon
    Settlement
    as
    set
    forth
    therein.
    ORDER
    It
    is
    the
    Order
    of
    the
    Pollution
    Control
    Board
    that:
    1.
    The
    City
    of
    Chicago
    is
    in
    violation
    of
    Rule
    103(b)
    (2)
    of
    Chapter
    2,
    Part
    I
    of
    the
    Air
    Regulations.
    2.
    The
    Cit.y
    of
    Chicago
    shall
    file
    within
    30
    days
    of
    the
    date
    of
    this
    Order
    application
    for
    the
    necessary
    Agency
    permits
    required for its Roseland Pumping
    Station.
    3.
    The
    City
    of
    Chicago
    shall
    comply
    with
    all
    the
    terms
    of
    the
    agreed
    upon
    Stipulation,
    which
    is
    in-
    corporated
    by
    reference
    as
    if
    fully
    set
    forth
    herein.
    26
    —
    18
    —3—
    4.
    The City of Chicago shall within 30 days of the
    date of this Order pay a penalty of $300.00 for
    violation of the Regulations.
    Said penalty payment
    by certified check or money order shall be made pay-
    able to:
    State of Illinois
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois
    62706
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution Control
    Board,
    hereby certify the above Opinion and Order were adopted on the
    ~
    day of
    ,
    1977 by a vote of
    /~
    ~inoisPoliuticontroiBoarT~~
    26
    —
    19

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