ILLINOIS PCLLC~ICNCCN~RCLBOARD
    August
    C, lE~
    iLLINOiS EN\~IFONMEN’IAL
    E-RC~1EC’1IC~’ACE~C1,
    Complainant,
    v.
    )
    PCB 65—1C2
    CON~1NEN’IALGRAIN COMPANY
    (Eeardsto~n),
    Respondent.
    RC’~HAFECE,
    EEC.
    CF
    MARVIIN,
    CFAIC,
    CBES~IERAND SONNENSCBEIN,
    APPEARED ON EEEALF
    CF PESPCNDENI.
    JOSEPH
    F.
    MACON1A, ASSISThN~A~ICFNEYGENERAL, APPEARED ON BEHALF
    CF COt~~FLAINA~T.
    CPINICN AND ORDER
    CF
    ‘IHE BCARE
    (by
    3.
    Marlin):
    ‘Ibis matter comes before
    the Eoard
    on
    a July 10, 1585
    complaint tiled
    by
    the Illinois Environmental Protection Agency
    against Continental
    Grain Company (Continental).
    The
    Complaint
    alleges that
    Continental
    at
    its Eeardstown,
    IL grain loading
    facility caused,
    threatened,
    or
    allowed violations
    of
    Section
    9(a)
    of
    the IlJincis Environmental Protection Act (Act)
    and
    35
    Ill.
    Adm.
    Code Sections
    212.4?2(d)(3)(A)
    and 212.462(e)
    beginning
    at
    least
    on July
    ~,
    3.963
    and continuing
    up
    to the filing
    of
    the
    Complaint.
    ‘ihe
    Complaint also alleges violation of
    Section 9(b)
    of
    the Act and
    35
    Ill.
    Adm.
    Code Section
    201.144 since
    at least
    June
    22,
    1964
    and continuing
    until
    the
    filing
    of the Complaint.
    Bearing
    in
    this matter was scheduled
    for July
    2,
    3.967
    at
    1C:G0 a.m.
    The
    hearing officer, counsel
    for the parties,
    and
    representative
    of the Agency were present.
    ‘Ihe court reporter
    did not show
    up.
    The parties
    fied
    the stipulation.
    No members
    of the public attended,
    although
    a news reporter appeared
    at
    about
    11:15 a.m.
    arid examined
    the memorandum and stipulation.
    (Bearing Officer
    letter
    of July
    3,
    1967).
    The Board
    finds
    that
    in
    this particular
    instance the
    described proceeding substantially complies with the requirement
    that
    a hearing be
    held.
    This matter
    is essentially identical
    to
    four other proceedings involving
    the same parties and settlement
    agreements.
    Although the hearing was properly noticed,
    no
    members
    of the public attended.
    There were
    no unresolved
    issues
    to
    argue.
    In this instance,
    to require
    the parties
    to meet again
    in
    the presence of
    a court
    reporter
    to present
    the stipulation
    would
    expend
    considerable
    time
    and
    money
    and serve no necessary
    public
    or
    private
    purpose.
    80—3 1

    On July
    2,
    1967,
    the parties submitted
    a Stipulation
    and
    Froposal
    for Settlement
    (Stipulation).
    The Stipulation
    is
    attached and adequately addresses
    the facts
    in this matter.
    Accordingly,
    this opinion
    will
    not contain
    the customary
    discussion
    ci th~ issues.
    The Board
    notes,
    though,
    that according
    to the Stipulation,
    Continental “is not admitting
    its liability for violations
    alleged
    in
    the Complaint”.
    Also,
    the Stipulation states that
    Continental has received a permit
    to operate
    a barge loading
    spout
    tip aspiration system and
    is currently
    in compliance
    with
    the regulations.
    In evaluating
    this enforcement action and proposed
    settlement
    agreement,
    the Board
    has
    taken
    into consideration all
    the facts
    and circumstances
    in light
    of the specific criteria
    delineatcd
    in
    Section
    33(c)
    of
    the Act and
    finds
    the Stipulation
    aria
    Proposal
    for Settlement
    acceptable
    under
    35
    Ill. Adm. Code
    103.180.
    Accordingly,
    the
    Board orders Continental
    to comply
    with
    the Crder
    set
    forth herein.
    This Cpinicn
    and Crder
    constitutes the Board’s
    findings of
    fact
    and conclusions
    ci law
    in
    this matter.
    CRCER
    It
    is
    the
    Order
    of the Illinois Pollution Control Board
    that:
    1)
    The Board hereby accepts
    the Stipulation and Proposal
    for
    Settlement executed by Continental
    Grain Company
    and the
    Illinois
    Environmental
    Protection
    Agency
    concerning
    Continental’s
    Beardstown
    facility
    and
    filed
    with
    the
    Board
    on
    July
    10,
    1987.
    The
    Stipulation
    and
    the
    Proposal
    for
    Settlement
    is
    attached
    hereto.
    2)
    Continental
    shall,
    by
    certified
    check
    or
    money
    order
    payable
    to
    the State
    of Illinois
    and designated
    for deposit
    into
    the
    Environmental Protection
    ‘Irust
    Fund, pay the sum of $10,000
    (‘Ien Thousand Collars).
    The sum
    shall be paid within
    60 days
    of
    the date
    it
    receives notice of this order.
    ‘Ihe
    payment
    shall be mailed
    to:
    Fiscal
    Services
    Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield,
    IL 62706
    3)
    Continental waives its right
    to have any unused portion
    of
    said payment returned
    to Continental.
    80—32

    4)
    The terms
    and conditions
    of
    the Stipulation and Proposed
    Settlement
    are incorporated
    into
    and made
    a part
    of this
    Order.
    I’i
    1S
    SC
    CRCEF-ED.
    I,
    Dorothy
    N. Gum,
    Clerk of
    the Illinois Pollution Control
    Board,
    hereby cer~ifythat the abo e Cpinion
    and Order was
    adopted
    cm t~
    Z2-
    day of
    _________________,
    1987,
    by a vote
    of
    -
    .
    Dorothy
    N.
    Gu
    n,
    Clerk
    Illinois Pollution Control
    Board
    80—33

    :LL:NCIS
    POLLU::oN
    ~
    c~~ss
    co~N:~
    JUL
    I
    0_I987_jL~J
    : LL:No: s
    ENV:RONNENTAL
    PR0TECT:oN AGENCY,
    Complainant,
    v.
    )
    PCB
    85—102
    CONTINENTAL
    GRAIN
    COMPANY
    eardstcwn)
    s::PuLA::CN AND PROPOSAL FOR SETTLEMENT.
    The
    parties
    in
    the
    above-styled
    case,
    believing
    that
    litigation of the matter would be neither in their best interests
    nor
    i~.
    the
    best interests
    of
    the
    public, have
    agreed
    to
    a
    settlement under the terms
    and conditions
    set forth beThw.
    Stipulation and Proposal for Settlement
    is made and agreed
    and.
    submitted.
    to
    the
    Illinois
    Pollution
    Control
    ~oard.
    (‘Board.’
    for the purposes
    of settlement only, upon the condition
    that
    the
    Board approve
    ~t
    ~n its entirety.
    Tne terms
    of
    thos
    St~puat:on
    and Proposal for Settlement shall be binding upon the Complainant
    and Respondent,
    and their assigns and all successors
    in
    inte:es~.
    In the event that the Board does not approve this Stipulation a~.±
    rrcposa~for Settiement
    :n its
    entirety,
    ~t
    snail
    be nu~_ a~.o
    void and
    of
    no
    effect
    in. this
    or
    any other
    proceeding.
    :~
    entering
    into
    this
    Stipulation
    and
    Prcposal
    for
    Settlement,
    Respondent
    is not admitting
    liability
    for the vioaticr.s
    alleged.
    :n the Complaint,
    nor
    ar:~- of
    the allegations
    of fact made in
    th~
    80—34

    complaint,
    except
    as
    stipulated
    to
    below.
    Further,
    this
    stipulation
    and. Proposal
    for
    Settlement
    is
    not
    to
    be
    used
    for
    any
    other purpose
    or in
    an~ c~~1er
    ~oceec1~g,
    is
    not
    ~
    r~ssicr.
    C:
    wrongdoing on
    Respcndentts part
    and is
    not admis~ibe by
    any
    party.
    Subject zc the
    foregoing understanding
    and agreement,
    the
    parties stipulate
    as follows:
    ~..
    Cont:nental Gra:n Ccmpany
    (“Cont~nenta~”),a
    De_a’~:are
    corpo:at:cn _:censec to cc business in lilino:s, operates a cra:n
    ~caoing fac:~ty cn
    tne
    ~~in.C1S
    River
    in
    Bearcstown,
    lass
    County,
    Illinois,
    at
    which grain
    from the
    surrounding area
    is
    loaded. into barges.
    2.
    Construction
    of
    this
    facility
    was
    commenced proor
    to
    April
    4,
    1972.
    On
    une
    19,
    ~.9i9,
    the
    i~linc~s ~nv~ronmen.ta~
    Prctect::~.
    Agency
    (“IEPA’)
    issued
    an
    operating
    permit
    for
    this
    facil:t;,
    said permit
    to expire
    une
    21,
    1984.
    _n.:s
    permi~
    was issuec
    on
    tne
    basis
    that
    the
    :ac:~:ty
    had an annual grain through-put
    (“AGT”)
    of 9,727,000 bushels.
    5.
    The facility had
    an AGT for
    Fiscal Year 1983/1984
    of
    15,518,667 bushels.
    6.
    Continental, prior
    to August,
    1985, had not
    installed.
    equipment on
    the
    loading
    spout
    used to
    load
    barges
    at
    the
    facility
    which
    was
    capable
    of
    capturing
    particulate
    matte:
    emissions generated
    in the
    course cf loading
    said barges
    in
    an
    induced
    air draft
    stream,
    which
    stream was
    ducted
    through
    a::
    80—35

    pollution
    control
    equipment
    that
    had
    a
    rated
    and
    actual
    par~icu~ateremoval eff:c~er.cyof not less than 90
    ~y we:ght.
    7.
    The operating
    permit
    for
    this
    facility
    exp:red.
    cm
    Curie
    21,
    1984.
    Continental sought
    renewal
    of this
    permit
    on
    April
    9,
    1964.
    IEPA
    denied renewal
    of
    this permit on
    May
    22,
    1984,
    because
    it believed that the AGT at the Beardstown facility
    exceeded the
    33
    rule
    and.
    that,
    therefore,
    the
    facility
    was
    sub~ectto
    the barce
    loading spout
    tip aspiration
    recuirement
    contained
    :n
    i~
    :~l.Ac~m.Ccoe
    Sec.
    ~l2.~6~(c)(3)(~).
    8.
    On July ~0, 1984, Cont~nenta~filea
    a variance pet:t:or.
    (PCB 84-101)
    in
    which it asked
    the Board to
    find that the
    tip
    aspiration
    requirement
    contained
    in
    35
    I11.Adm.Code
    Sec.
    ll2.462(d)(3)(A)
    was
    invalid
    as
    applied
    to
    the
    Beardstowr.
    facility,
    find.
    that
    Ccmt:nenta
    was
    ~n
    compliance with the
    ru.e
    or,
    in the
    alte:native, c:amt Continental
    a five year
    var:amce
    from the rue.
    9.
    In
    the
    meantime,
    Continental
    applied
    for
    and.
    on
    May
    ll,
    1985,
    the
    IEPA
    granted
    an
    operating permit
    for the
    Beard.stowm
    facility
    except
    for
    the
    barge
    loading
    spout
    e~uipmemt.
    (Application Nc.
    74080042,
    I.D. No.
    O17BO2AAC).
    10.
    At the
    time
    this enforcement
    action
    was
    commenced.
    Continental was in compliance with all provisions
    of Title
    of
    the Environmental Protection Act and the Board’s air
    regulations
    re~at~ngto grain nancling operations except those a~.egedin. tne
    complaint.
    ,~sto tmese,
    Ccnt:nental had, prior
    to the ~n:t:at:cn
    of the
    enforcement
    action,
    filed
    the
    petition
    for
    va::ance
    described above.
    88:36

    11.
    On August
    16,
    1985,
    as
    part
    of
    an
    agreement
    to
    settle
    this
    enforcement
    case
    and
    the
    variance
    petition,
    Continental
    applied
    to
    the
    IEPA
    for
    a
    permit
    to
    construct
    a
    barge
    loading
    spout
    tip
    aspiration
    system
    for
    the
    Beardstown
    facility
    and
    thus
    bring
    the
    facility
    into
    unquestioned
    compliance
    with
    35 Ill.
    Adm. Code
    Sec.
    212.46(d) (3) (A).
    The
    IEPA granted
    this
    permit on September
    26,
    1985.
    12.
    On December
    20,
    1985,
    the
    Board,
    on
    the
    IEPA’s
    motion
    and
    over
    Continental’s
    objection,
    dismissed
    Continental’s
    variance petition because
    it found that construction
    of
    the
    tip
    aspiration
    system wOuld
    result
    in
    compliance with
    35
    Ill.
    Adrn.
    Coãe
    Sec.
    212.462(d) (3) (A)
    and,
    as
    a
    result,
    a
    variance
    would
    be unnecessary.
    13.
    Continental
    installed
    the
    tip aspiration system and
    on
    ~arcn
    19,
    19~6, a~7lied for
    an
    operating permit
    for
    its bar~
    loading
    operations.
    The
    IEPA
    issued
    this permit
    on
    April
    10,
    1986.
    PROPOSAL
    FOR
    SETTLEMENT
    Continental
    agrees
    to
    pay
    $10,000
    to
    Environmental
    Protection
    Trust
    Fund
    within
    60
    days
    of
    the
    date
    the
    Board
    approves
    this
    Stipulation
    and
    Proposal
    for
    Settlement.
    Said
    payment
    shall
    be
    made
    by
    certified
    check
    or
    money
    order,
    payable
    to
    the Environmental Protection Trust
    Fund,
    and mailed
    to:
    Fiscal Services Division
    Illinois
    Environmental
    Protection
    Agency
    2200
    Churchill
    Road
    Springfield,
    Illinois
    62706
    Continental waives
    its
    right
    to have
    any unused portion of
    said
    payment returned
    to Continental.
    —4—
    80—37

    WHEREFORE,
    Complainant and
    Respondent jointly
    re~uest
    that
    the Board
    accept and
    adopt this
    Stipulation and
    Proposal
    Settlement.
    DATED:
    ~NJ
    A’t~
    DATED:
    *1
    -
    -
    -.)
    7’j
    ___________
    By:
    -_,
    fl
    -
    CONI’INEN7AL GRAIN COMPANY
    :LLINC:s ~VIRONNENTAL
    :LL:NoIs ATTORNEY GENERAL
    By:~
    Robert
    V.
    Shuff,
    Jr.
    First
    Assistant
    Attorney
    General
    c~...
    for
    -0—
    80—38

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