ILLINOIS POLLUTION CONTROL BOARD

May

29,

1975

ENVIRONMENTAL PROTECTION AGENCY,

complainant,

v.

)

PCB 74—474

ENAMELERS AND JAPANNERS,

INC.,

)

an Illinois Corporation,

Respondent.

Mr. Stephen

Z. Weiss, Assistant Attorney General, appeared

for Complainant;

Mr.

George Novak appeared for the Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before the Pollution Control Board

(Board)

upon the Environmental Protection Agency’s

(Agency)

December 17,

1974 Complaint.

The facts were presented to

the Board by stipulation.

The Complaint charges Enamelers

and Japanners,

Inc.

(Enamelers) with operating spray paint

booths and bake ovens without operating permits,

since

£4arch

1,

1973,

in violation of Rule 103(b) (2)

of the Air

Pollution Regulations and Section 9(b)

of the Environmental

Protection Act

(Act).

Enamelers owns and operates a metal finishing facility

at 3022 North Rockwell Street in Chicago, Illinois.

In the

course of the Respondent’s processes,

an average of 15,698

gallons of paint has been used in each of the past

3 years.

Enamelers sprays or coats approximately

6

million parts per

year with an average cost of $0.16

to $0.18 per part.

Enamelers applied for a permit in January of 1973 and re-

ceived

a permit on October

24,

1973, which expired March 31,

1974.

In December of 1973, Enamelers applied for an exten-

sion of the permit which was denied by the Agency in January,

1974, because of a drawing which showed an incorrect number

of stacks from the water spray booth.

On October

29,

1974,

Enamelers received “official legal notice” from the Agency

that ~namelers was operating without permits in violation of

state law.

Enamelers admits being financially able to

obtain a permit.

In mitigation, Ralph DiSilvestro, Enamelers president,

states that he and his wife purchased all the stock of

Respondent in 1972.

The DiSilvestros relied upon Mr. Lester

Goodman,

the Respondent’s general manager for

28 years,

to

file the required application.

Mr. Goodman was terminally

ill from cancer and died in February of 1975.

Mr.

Goodman

17

—

195

---

—2—

had assured the DiSilvestros that all applications

for

permits were under control.

Enamelers obtained an operating

permit on January

13, 1975 which expires January

12,

1980.

The Board finds that Enamelers operated an emission

source without

a permit,

in violation of Rule 103(b) (2)

of the Air Pollution Regulations and Section

9(a) of the Act

from April

1,

1974 to January

13,

1975.

A penalty of $100

is justified.

This Opinion constitutes the finding of

fact and con-

clusions of law of the Board in this matter.

ORDER

It is the Order of the Pollution Control Board that:

(1)

The Respondent Enamelers and Japanners,

Inc. has

operated an air pollution emission source without a permit

from April

1,

1974 to January 13,

1975 in violation of Rule

103(b) (2)

of the Air Pollution Regulations and Section 9(a)

of the Environmental Protection Act;

and

(2)

Respondent Enamelers and Japanners,

Inc.

is hereby

ordered to pay as a penalty the sum of $100.00; payment to

be made within

35 days of the date of this Order by cer-

tified check or money order made payable to the State of

Illinois,

to:

State of Illinois

Fiscal Services Division

Environmental Protection Agency

Springfield, Illinois

62706

IT

IS

SO

ORDERED.

I,

Christan

L.

Moffett,

Clerk

of

the

Illinois

Pollution

Control Board, hereby certiJ~the above Opinion and Order

were adopted on the ______________day

of

_________________

1975 by

a vote of

4~

a~4~4J~

Christan L. Mof

,

Clerk

Illinois Pollut

Control Board