ILLINOIS POLLUTION CONTROL BOARD

January

8,

1976

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 75—143

KEYSTONE STEEL

& WIRE,

a division

)

of Keystone Consolidated Industries,

)

Inc.,

a Delaware corporation,

)

Respondent.

Mr. Marvin

I.

Medintz, Assistant Attorney General, appeared

on behalf of the Complainant;

Mr. Gene A.

Petersen, Davis, Morgan

& Witherell, appeared on

behalf of the Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr.

Young):

On April

2,

1975 a Complaint was filed by the Environmental

Protection Agency

(Agency)

alleging that Respondent, Keystone

Steel

& Wire,

a division of Keystone Consolidated Industries,

Inc.,

a Delaware corporation

(Keystone), owned and operated a

facility located at Main and Birmingham Streets, Chicago Heights,

Cook County,

Illinois from June

1,

1973 to April

2,

1975 without

first obtaining the necessary operating permits

from the Agency

in violation of Rule

103 (b) (2)

of the Air Pollution Regulations

(Chapter

2)

and Section 9(b)

of the Environmental Protection Act

(Act).

Hearing was held on October 23,

1975 in Chicago, Illinois

at which time a Stipulation and Proposal for Settlement (Stipu-

lation), executed by counsel for both parties was entered into

the record.

No additional evidence was adduced at the hearing;

no members of the public were in attendance.

Keystone’s facility manufactures merchant bars and fence

posts

in Chicago Heights, Cook County,

Illinois and employs

354

persons;

in the course of manufacture of these items Keystone con-

ducts

a post painting operation which consists of dip tanks, drying

oven,

and a Blu-Surf rack burn-off unit.

This painting operation

consumes approximately

20,225. gallons of primer,

15,775 gallons

of enamel,

10,000 gallons of varnish and 14,100 pounds of aluminum

paste annually

(Stip.

p.

2).

19—577

---

—2—

The statement of facts contained in the Stipulation details

a lengthy series of permit applications by Keystone and permit

denials by the Agency beginning on September

28, 1972 and culmi-

nating with the issuance of an operating permit on June 11,

1975

for Keystone’s paint dip tank, gas-fired oven and cooling tunnel,

and on August

1,

1975

by. issuance of

a construction and an opera-

ting permit for Keystone’s Blu-Surf rack burn-off unit

(Stip.

p.

2—5).

Keystone admits

(Stip.

p.

5)

to violation of Rule 103(b) (2)

of Chapter

2 from June

1, 19~3through August

5, 1973 and from

January

1,

1974 through April

2,

1975 and the parties propose a

payment of $1000.00 for the violation

(Stip.

p.

6).

The Stipulation and Proposal for Settlement submitted by the

parties

is found adequate under Rule 333 of our Procedural Rules

(EPA v. City of Marion,

1 PCB 591).

On the basis of the foregoing and the Stipulation and Pro-

posal for Settlement, which constitutes the entire record in this

matter, we find that Keystone did violate the Act and Regulations

as charged in the Complaint by operating its post painting faci—

litiés from June 1,

1973 through August

5,

1973 and from January

1,

1974 through April

2,

1975 without having first obtained con-

struction and operating permits from the Agency in violation of

Rule 103(b) (2) of Chapter

2 and Section 9(b)

of the Act.

A penalty

of $1000.00 is assessed for these violations.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

1.

Respondent,

Keystone Steel

& Wire,

is

found to have

operated its facilities

in violation of Section 9(b) of the Environ-

mental Protection Act and Rule 103(b) (2)

of the Air Pollution Regu-

lations and shall pay a penalty of $1000.00 for such violations.

Penalty payment by certified check or money order payable to the

State of Illinois within

30 days of this Order to:

Control Program

Coordinator, Division of Air Pollution Control, Illinois Environ-

mental Protection Agency,

2200 Churchill Road,

Springfield,

Illinois,

62706.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution Con-

trol Boards hereby certify the above Opinion and Order were adopted

on the

~“

day of

.

1976 by a vote

of4~~

1 Board