ILLINOIS POLLUTION CONTROL BOARD

January

6,

1972

ENVIRONMENTAL PROTECTION AGENCY

v.

)

 71—331

CHICAGO-DUBUQUE FOUNDRY CORP.

Opinion and Order

 of the Board

 (by Mr.

 Currie)

Chicago-Dubuque

 originally applied

 to this Board

for

a

variance

 from applicable particulate air pollution regulations

promulgated in

 1967.

 The petition was dismissed

 as inadequate.

Chicago-Dubuque Foundry

 Corp.

v.

 EPA,

 71—130

 (June 28,

 1971)

Subsequently,

 and in response to an amended petition, the Board

granted Chicago-Dubuque

 a variance to operate its cupola

in

excess

 of particulate emission limits until

 ~4ay12,

 1972,

 subject

to

 a number of conditions, but also construed that portion

of the Agency~s recommendation charging prior violations and

seeking the imposition of money penalties

as

 a counter-

complaint;

 a hearing was authorized.

 Chicago—Dubuque Foundry

Corp.

v.

 EPA,

 71—309

 (October 14,

 1971).

On December

28,

 1971,

 the Board received

 a detailed

stipulation entered into by the parties hereto concerning

the

alleged violations which had occurred

 at Chicago-Dubuque’s

grey iron foundry

 site

 in East Dubuque, Illinois, prior

to August,

 1971.

 Paragraph

 of that stipulation reads

 in part:

The parties agree that the alleged penalty for

delay

 in bringing the Corporation~s facility

into compliance with

the

 law and

 for its

alleged failure to adhere

 to its earlier program

should be $3,000.00 which the Corporation

is

willing

 to pay; and the Environmental Protection

Agency recommends that it be accepted

as

satisfaction

in

 full.

We find the stipulation

 to be satisfactory

 and the proposed

settlement to be perfectly reasonable.

 Therefore,

 IT IS THE

ORDER OF THE POLLUTION CONTROL BOARD THAT,

1.

 Chicago-Dubuque Foundry

 Corp.

 shall

 pay to the State

of Illinois

 a money penalty

 in the amount of $3,000.00

on or before February

4,

 1972,

 for violations of the

3

—

377

Illinois Air Pollution Control Act,

 the Illinois

Environmental Protection Act,

 and the rules

and

regulations promulgated thereunder, which violations

 occurred prior to August,

 1971.

I, Christan Moffett,

 C.erk

 of the Pollution Control Board,

certify that

 the Board adopted the above Opinion and Order

this

~

day

~

 1972 by a vote of 4-0.

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378