ILLINOIS POLLUTION CONTROL BOARD
    May
    29,1974
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    )
    vs.
    )
    PCB 73-405
    STAINLESS PROCESSING COMPANY,
    )
    a Delaware corporation,
    )
    Respondent.
    )
    Mr.
    Richard W.
    Cosby, Assistant Attorney General,
    on behalf of the
    Environmental
    Protection Agency;
    Mr.
    Richard
    P.
    Glovka, Attorney,
    on behalf of Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Seaman):
    On September 25,
    1973,
    the Environmental Protection Agency
    filed Complaint against Stainless Processing Company, charging therein
    violation of Rule lO3(b)(2) of Chapter 2, Part
    I
    of the Air Pollution
    Regulations and violation of Section 9(b) of the Illinois Environmental
    Protection Act.
    Public
    hearings were held in this matter on December
    28,
    1973 and February 21,
    1974.
    Respondent
    is the owner and operator of
    a metal
    processing facility
    located at
    119th Street and Cottage Grove Avenue
    in Chicago, County
    of Cook,
    Illinois.
    Said facility includes four crushers and a boring
    dryer.
    Respondent is engaged in the business of buying, sorting and
    selling metal
    scrap.
    The Complainant alleges
    as follows:
    1.
    The aforesaid metal
    processing facility is
    a primary metal
    industry operation within the meaning of Code
    33 of the ‘Standard
    Industrial
    Classification Manual” and is further an “emission source”
    as defined by Rule 101
    of Chapter 2,
    Part
    I of the Mr Regulations,
    and, as
    such,
    is regulated by Rule l03(b)(2) of Chapter 2, Part
    I
    of the
    Air Regulations.
    2.
    Rule l03(b)(2) of Chapter
    2, Part
    I of the Air Regulations
    provides
    in part that primary metal
    industry operations obtain
    an
    operating permit
    from Complainant by November
    1,
    1972.
    Pursuant to
    Rule 103(b)(2)(B) of Chapter 2, Part
    I of the Air Regulations,
    the
    aforesaid date was advanced by Complainant
    to December
    1, 97~.
    3.
    That beginning on December
    1,
    1972
    and continuing through the
    filing of the Complaint herein, Respondent has
    caused
    its meta~processing
    facility to operate without having first obtained operating permits
    from the Complainant.
    12—427

    —2-
    4.
    That the aforesaid conduct described
    in Paragraph 3
    above constitutes
    a violation of Rule 103(b)(2) of Chapter
    2, Part
    I of the Air Regulations
    and a violation of Section
    9(b) of the Act,
    Ill.
    Rev.
    Stat.,
    ch.
    Ill
    1/2, par.
    1009(b)
    The cause comes before the Board with
    a Stipulation
    And Proposal
    For Settlement entered
    into between the parties.
    According to that Stipulation,
    there
    is located on
    Respondent’s premises,
    a facility which constitutes
    an “emission
    source”
    as defined by Rule
    101
    of Chapter 2, Part
    I
    of the
    Air Regulations.
    That facility
    is owned and operated by
    Cryogenics,
    Inc.,
    a corporation organized and existing under
    the
    laws of the State of Illinois.
    The stock of Cryogenics,
    Inc.
    is
    owned by Respondent.
    Beginning in 1973, Cryogenics,
    Inc. undertook the con-
    struction of
    a cryogenic fragmentation process, the purpose
    of which
    is
    to
    salvage and recycle valuaoie metals
    from scrap.
    The Cryogenics,
    iflC,
    orocessing facility
    is
    a primary metal
    industry operation within
    the meaning of Code
    33 of the
    ‘Standard
    tndustrial
    Classification Manual” and thus Cryogenics,
    Inc. should
    hav~.obtained
    a construction permit from Complainant
    in order to
    undertake the construction of the process.
    Since April,
    1973,
    Cryogenics,
    Inc.
    has periodically operated its pro~ss. Such
    operation should not have
    taken olace without an operating permit
    issued by
    Complainant.
    From 1971
    to
    the present, Resoondent has had
    a certificate
    of
    operation from the City of Chicago, Department of Environmental
    Control for its various processes.
    According
    to the Stipulation,
    Respondent was unaware of any other permit requirement until
    the
    filing of this enforcement action.
    On or about November 30,
    1973,
    Cryogenics,
    Inc.
    applied
    to
    the Agenc,y for construction permits for
    its various emission sources
    and air pollution control equipment.
    On
    or about December
    19, 1973
    Cryogenics,
    Inc.
    applied
    to Complainant for an operating permit for
    its process.
    On December
    20,
    1973,
    Complainant issued
    a construction
    permit.
    On February
    ii,
    1974,
    Complainant issued
    an operating permit.
    Finally, according to
    the Stipulation, Respondent operated
    its rotary drum boring dryer on August
    8 and 9,
    1973 without first
    obtaining an operating permit from Complainant.
    On those dates,
    Respondent experimented with the effectiveness of the dryer on certain
    scrap metal
    containing steel
    and brass.
    The experiment convinced
    Respondent that it could not use
    the dryer on that material and,
    consequently, no further use was made of the dryer
    in processing either

    -3-
    that scrap mixture or any other materials.
    The dryer has been
    partially dismantled and is totally unuseable.
    We find that Respondent has violated Rule l03(b)(2) and
    Section 9(b) of the Act by the periodic operation of the
    cryogenic fragmentation process and the operation,
    on
    the
    two dates
    specified, of its rotary drum boring dryer,
    both
    without the requisite operating permits.,
    The parties have agreed
    that
    a penalty
    in the amount of $1,750.00
    is reasonable and
    just.
    We concur.
    This Opinion constttutes
    the findings of fact and conclusions
    of law of the Board.
    IT
    IS THE ORDER of the Pollution
    Control Board that:
    1.
    For the violations found herein, Respondent shall
    pay
    to the State of Illinois the sum of $1,750.00 within
    35 days
    from the date of this Order.
    Penalty payment by certified check
    or money order payable
    to the State of Illinois shall
    be made
    to:
    Fiscal
    Services
    Division, Illinois Environmental Protection
    Agency,
    2200 Churchill
    Road, Springfield,
    Illinois
    62706.
    2.
    Respondent shall not operate the subject rotary drum
    boring dryer without first obtaining an operating permit from
    the Environmental
    Protection Agency.
    I,
    Christan
    L.
    Moffett, Clerk of the Illinois Pollution Control
    Board,
    certify that the above Opinion and Order was adopted
    on
    this
    __________
    day of
    ,
    1974 by a vote of
    ~
    ~n
    i~
    12—429

    Back to top