ILLINOIS POLLUTION CONTROL BOARD
    January
    8
    ,
    1976
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 75-79
    AURORA REFINING COMPANY,
    an
    )
    Illinois corporation,
    Respondent.
    Jeffrey
    S.
    Herndon, Assistant Attorney General, Attorney for
    Complainant
    Bruce
    A.. Brown, Goldsmith,
    Dyer,
    Thelin,
    Schiller
    & Dickson,
    Attorney for Respondent
    OPINION AND ORDER OF THE BOARD
    (by Mr. Young):
    This case arises out of
    a four count Complaint, filed
    by the People of the State of Illinois
    (People) on February
    19,
    1975 alleging
    that Respondent, Aurora Refining Company,
    an Illinois corporation
    (Aurora)
    owned and operated certain
    facilities
    located in or near 533 1/2 Rathbone Street, Aurora,
    Kane County,
    Illinois in violation of the Environmental Pro—
    tection Act
    (Act)
    and the Air Pollution Regulations
    (Chapter
    2)
    as follows:
    Count
    I alleged that Aurora operated a rotary
    furnace,
    a reverberatory furnace and a baghouse
    without first obtaining operating permits from
    the Environmental Protection Agency
    (Agency)
    in
    violation of Rule 103(b)
    of Chapter
    2 and Section
    9(b)
    of the Act from on or about May
    1,
    1973 un-
    til filing of the Complaint; and,
    Count II alleged that Aurora caused or allowed
    construction of new air pollution control equip-
    ment,
    specifically, two baghouses, without first
    obtaining a construction permit from the Agency
    in violation of Rule 103(a)
    of Chapter
    2 and
    Section
    9(b) of the Act from on or after January
    1,
    1973 until filing of the Complaint; and,
    Count III alleged that Aurora operated its rever-
    beratory furnace and rotary furnace to cause or
    allow the emission of particulate matter into the
    19—
    561

    —2—
    atmosphere in amounts which violated the limita-
    tions imposed by Rule 203(a)
    of Chapter
    2 from
    on or about January 16,
    1975 until filing of
    the Complaint;
    and,
    Count IV alleged that
    Aurora caused or allowed
    the emission of contaminants as defined in Section
    3(d)
    of the Act in violation of Section
    9(a) of
    the Act from on or about January
    16,
    1975 until
    filing of the Complaint.
    Two hearings were held in this matter~ the first on June
    30,
    1975 and the second on September 29,
    1975.
    At the first
    hearing,
    a Stipulation covering Counts
    I,
    II and III was
    entered into the record;
    a Stipulation relative to Count IV
    was entered into the record at the September
    29,
    1975 hearing.
    In the Stipulation entered on June 30,
    1975 the parties agreed
    that Count III of the Complaint be dismissed without prejudice
    to Complainant.
    Rule 333 of our Procedural
    Rules provides that
    no case pending before the Board shall be disposed of or modified
    without an order of the Board and the agreement of the parties
    hereto to dismiss Count IIIof the Complaint is
    a nullity.
    The parties stipulated that at the request of the Illinois
    Attorney General’s Office, Aurora performed several tests to
    determine the existence of excessive particulate matter, which
    tests showed no violation of any regulation.
    Based upon the
    foregoing, Count III will be dismissed.
    The Stipulation contains the following information con-
    cerning the facility which is operated by Aurora at 533
    1/2
    Rathbone Street, Aurora,
    Kane County,
    Illinois;
    the installation
    includes
    a rotary and
    a reverberatory furnace, each of which
    is equipped with a baghouse to control the emission of particu-
    lates from the furnace.
    In contemplation of purchase of an
    additional furnace,
    a third baghouse has been installed.
    Aurora admits that beginning on or about August 18,
    1974
    through March
    5,
    1975, Aurora constructed two new baghouses
    without first obtaining construction permits from the Agency
    in violation of Rule 103(a) of Chapter
    2 and that from August
    18,
    1974 until May 28,
    1975, Aurora operated its facility without
    first obtaining an operating permit issued by the Agency in
    violation of Rule
    103(b) of Chapter
    2.
    The parties stipulate that Aurora has obtained all required
    permits from the Agency
    (Stip.
    6/30
    p.
    2);
    that Aurora has
    fully cooperated in reaching
    a resolution of the instant action
    (Stip.
    6/30 p.
    2).(Stip. 9/29 p.
    2);
    that Aurora has made sub—
    stantial expenditures to eliminate an inherited problem,
    that
    Aurora has made substantial efforts
    to reduce or eliminate air
    19—562

    —3—
    pollution problems; that Aurora has sustained an after-tax loss
    for the past four years
    in part due to expenditures for pollution
    control equipment
    (Stip.
    6/30 p.
    2) (Stip.
    9/29 p.
    3); and,
    that
    Aurora has agreed to install certain other control equipment
    in accordance with an Agreement entered into by and between the
    parties
    (Stip.
    9/29 p.
    3).
    The parties recommend that because of the good faith efforts
    to comply and the present financial condition of Aurora that no
    penalty be assessed for the admitted violations.
    On the basis of the foregoing and the Stipulations of June
    30,
    1975 and September
    29,
    1975, which constitute the entire
    record in this matter, we find that Aurora did violate the Act
    and Regulations
    as charged in Counts
    I,
    II and IV of the Complaint
    by constructing and/or operating of air pollution control equip-
    ment in violation of Rules
    103(a)
    and 103(b)
    of the Air Pollution
    Regulations and Section 9(a)
    of the Environmental Protection Act
    and by causing or threatening or allowing the emission of con-
    taminants into the environment of the State of
    Illinois in vio-
    lation of Section 9(a)
    of the Act.
    No penalty
    is assessed for
    these violations.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    Respondent, Aurora Refining Company, is found to have
    constructed and operated air pollution control equipment without
    first obtaining permits from the Agency in violation of Rules
    103(a)
    and. 103(b)
    of the Air Pollution Regulations
    (Chapter
    2)
    and Section 9(a)
    of the Environmental Protection Act and caused
    or threatened or allowed the emission of contaminants into the
    environment of the State of Illinois
    in violation of Section 9(a)
    of the EnvirOnmental Protection Act from January 16,
    1975 to
    March
    5,
    .1975.
    2.
    Respondent, Aurora Refining Company,
    shall comply with
    and do all things agreed in terms
    3 through
    9 of the Agreement
    as set forth in the Stipulation of September 29,
    1975 by and
    between Respondent Aurora Refining Company and the Complainant
    People of the State of Illinois which
    is hereby incorporated
    into this Order by reference as if fully set forth herein.
    3.
    Count III of
    the Complaint is dismissed without prejudice.
    IT IS SO ORDERED.
    19— 563

    —4—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby ce,~tifythe above Opinion and Order
    were adopted on the
    3’
    ~
    day
    of
    ~
    .
    1976
    by
    a vote of
    4-b
    Illinois Pollution
    19—
    564

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