ILLINOIS POLLUTION CONTROL

BOARD

January 3,

1975

ENVIRONMENTAL

PROTECTION

AGENCY,

)

1

Complainant,

I

vs.

)

PCB 73-406

‘I

ISRINGHAUSEN Rfl SPECIALISTS, INC)

)

Respondent.

Larry Eaton, Assistant Attorney General for the EPA

Richard

Shaikewitz,

Attorney

for

Respondent

OPINION

AND

ORDER

OF

THE

BOARD

(by

Mr.

Henss):

Complaint

was

filed

September

26,

1973

by

the

Environmental

Protection

Agency

charging

Respondent

with

operating

a

salvage

operation

which

involved

open

burning

in

violation

of

Section

9(c)

of

the

Environmental

Protection

Act

and

Rule

502 (a)

of

the

Air

Pollution

Control

Regulations.

The

alleged

violations

occurred

on

August

6

and

7,

1973

at

Addyville, Illinois.

When

this

matter

was

originally

called

for

hearing

Respondent

admitted

the

violations

•

In

lieu

of

testimony

the

parties

pre-

sented

a

Stipulation

and

Proposal

for

Settlement

which

stated

that

Respondent

had

salvaged

five

railroad

boxcars

by

open

burning

on

the

dates

specified

in

the

Complaint.

Respondent

consented

to

a

~ceese

and

desist

order”

and

a

$1,000

penalty.

However,

the

Stipulation specified that the $1,000 would be placed in escrow

pending a decision by the Illinois Supreme Court that the Pollution

Control Board had authority

to

impose

monetary

penalties.

The

escrow arrangement was rejected by the

Board.

Since

the

parties

had

agreed that the entire Stipulation would be considered null

and

void

if

not

accepted

in

toto

the

Board

rejected the stipu-

lated settlement on

January

17, 1974.

On March 29, 1974 the Illinois Supreme Court held that the

Pollution

Control

Board

has

the

power

to

impose

monetary

penalties.

(Waukegan

vs.

PCB

311

N.E.

2d

146).

Several

months

later

the

parties

submitted

their

new

Stipulation

for

Settlement

to

the

Hearing

Officer.

This

new

Stipulation

contains

essentially

the

same

language

as

the

first

Stipulation

with

the

exception

that

15—6

---

—2-~

Isringhausen now agrees to pay the monetary penalty directly to

the State,

The parties agree that an Order be entered showing

that Respondent violated Section

9(c) of the Act and Rule 502(a).

They

further

agree

that

Respondent

should

be

ordered

to

cease

and

desist

from

the

foregoing

violations

by

refraining

from

conducting

salvaging operations except in strict accordance with the Act or

by obtaining a variance from the Board prior to conducting such

salvage operations.

The Board accepts the Stipulation for Settlement and will

enter

the

necessary

Order.

We

find

that

Respondent

has

vio:Lated

Section

9(c)

of the Act and Rule 502(a)

of the Air Pollution

Control Regulations through the open burning of railroad boxcars.

The

penalty

of $1,000 is appropriate for this violation, since

there is no showing that it occurred on more than one occasion.

ORDER

It is the Order of the Pollution Control Board that:

1.

isringhausen RXR Specialists,

Inc. shall pay to

the State of Illinois by February 6,

1975 the sum

of $1,000

as

a penalty for the violations found in

this

proceeding.

Penalty

payment

by

certified

check

or

money

order

payable

to

the

State

of

Illinois shall be made to:

Fiscal Services Division,

Illinois

EPA,

2200

Churchill

Road,

Springfield,

Illinois 62706.

2.

Respondent shall cease and des.ist from open burning

in violation of the Environmental Protection Act

and Regulations of the Pollution Control Board.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certify the above Opinion and Order was adopted

this

...3~

day

~

,

1975

by

a

vote

of

J’

to~

~

15—6