ILLINOIS POLLUTION CONTROL BOARD
    March
    16, 1978
    PEOPLE OF THE STATE OF ILLINOIS
    )
    and the ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Complainants,
    )
    PCB 75-19
    v.
    LISSNER CORPORATION,
    an
    Illinois Corporation,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (By Mr. Dumelle):
    An Amended Complaint filed on February
    25,
    1975 alleged
    that Respondent had violated the Environmental Protection Act
    in the following particulars:
    The complainant charged that
    Respondent had operated a secondary aluminum facility, an
    air pollution source,
    in Chicago without the necessary operating
    permits.
    Particulate emissions from this facility were claimed
    to exceed the limits of Rule 3-3.111 of the old air pollution
    control rules and Rule 203(a) of Chapter
    2 of the current regulations.
    An additional count alleged violations of the 30
    opacity standard
    of Rule 202(b)
    of Chapter
    2.
    Hearings were held on February 9,
    1976,
    March 10,
    1977, November 16,
    1977 and December
    7,
    1977 to discuss
    the status of settlement negotiations.
    A stipulation and proposal
    for settlement was filed on February 21,
    1978.
    The stipulation recites Respondent’s unsuccessful efforts
    to obtain
    operating permits and lists time periods and specific
    dates between February 16,
    1973 and March
    15,
    1975 when Respondent’s
    emissions violated Board standards.
    Respondent proposes to replace
    its present system, which vents emissions
    Lu Venturi scrubbers and
    an
    afterburner, with a baghouse at an approximate cost of $815,000.00.
    Respondent is requesting permission to operate its facility from
    January 15, 1978 until August
    1,
    1978 with no pollution control
    equipment while the new system is being installed provided that
    particulate emissions do not exceed 22,200 pounds per month.
    Respondent agrees
    to use the cleanest scrap available in its
    reverbatory furnaces during this period.
    The August
    1,
    1978
    date could be extended by a Board Variance or automatically
    until 35 days from the date Respondent receives information
    that the baghouse might not or will not be installed in time.
    29
    —
    331
    The stipulation provides for a stack test within 45 days
    of completion of the baghouse, inspection of facilities and
    receipt of documents by the Agency and the Attorney General,
    and the payment of a $5,000 civil penalty.
    The stipulation
    is executed by Respondent and both Complainants and attaches
    a construction schedule and a copy of a letter from the Agency
    which grants a permit to construct the new system.
    The Board finds that the stipulation and proposal for
    settlement constitutes
    a reasonable method of settlement which
    is
    in the public interest.
    The period of operation without
    pollution control equipment appears to be necessary to avoid
    a
    plant shutdown and the layoff of 200 employees.
    The provision for a “once only” extension of the August
    1,
    1978 compliance date is acceptable since it cannot be extended
    past July
    1,
    1979 because of the Clean Air Act.
    The amount of
    the penalty and the provisions for inspection are hereby acknowledged
    as reasonable, but Respondent is hereby put on notice that if for any
    reason
    it
    is not in compliance with Board standards after July 1,
    1979
    it will be required to pay a non-compliance penalty in accordance
    with Section 120 of the Clean Air Act.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It
    is
    the Order of the Pollution Control Board that:
    1)
    Respondent
    is hereby found to have violated Rule 103(b) (2)
    of the Board’s Air Pollution Control Regulations since
    March
    1,
    1973 for failure to possess operating permits
    for the various processes at its aluminum smelting
    operation in Chicago.
    2)
    Respondent
    is hereby found to have violated Rul~
    3.111
    of the Board’s Rules concerning particulate emissions
    from September
    27,
    1973 until December
    31,
    1973.
    3)
    Respondent
    is hereby found
    to have violated
    Thiie
    203
    (a)
    of
    the
    Board’s
    Rules
    concerning
    particulate
    er~i~Jons
    from January
    1,
    1974
    until
    March
    15,
    1975.
    4)
    Respondent is hereby found to have vioThted
    Rule
    202(b)
    of
    the
    Board’s
    Rules
    concerning
    visual
    emissions
    on
    February
    16,
    1973,
    May
    18,
    1973,
    October
    15,
    1973,
    December
    3,
    1973,
    March
    31,
    1974,
    April
    8,
    1974,
    and
    June
    26,
    1974.
    29
    —
    332
    —3—
    5)
    Respondent shall install a
    baghouse
    system
    which
    will
    result
    in
    compliance
    with
    all
    applicable
    Board
    standards by August.
    1,
    1978.
    During the time this
    system is being installed,
    Respondent shall be permitted
    to operate
    its facility wJthout air pollution control
    equipment
    6)
    Respondents total particulate emissions during the
    period the new system is being installed shall not
    exceed 22,200 pounds per month.
    Within seven days of
    the date of this Order, Respondent shall provide Com-
    plainants with its production figures for the period
    of January~—June,1977 which form the basis for this
    emission limit.
    Respondent shall provide Complainants
    with production
    figures by the 5th of each month for
    the previous month.
    7)
    During the time period
    it operates without control
    equipment, Respondent shall use
    in its reverberatory
    furnances only its cleanest scrap, no oily or painted
    sheet, and only clean borings, clips and sows unless
    the use of other scrap is absolutely necessary to meet
    a production schedule.
    The use of such other scrap will
    only he permitted if Respondent
    is unable to purchase
    scrap which is paint free or from which Respondent will
    be able to remove the paint and oil.
    8)
    If the system is not installed and operating by August
    1,
    1978,
    Respondent shall,
    subject only to the following
    exception, cease operations of its reverberatory furnaces
    on that date.
    Respondent will only resume operations upon
    the date that its system is installed and operating,
    or
    upon the date
    it has received
    (not requested)
    a variance
    from the Board extending the time period
    in which it may
    operate without control equipment.
    Exception:
    if, between June 28,
    1978 and August
    1,
    1978,
    Respondent,
    through its officers, agents or employees,
    receives for the first time an~’information indicating in
    any way that its system might ~joL,
    ot:
    will not, be completely
    installed and operating by Auqu~i.: I,
    1978,
    the date on which
    Respondent must cease operations
    in
    Lhe absence of a Variance
    will be extended to
    35 days from such date Respondent received
    for the first time such information.
    9)
    Respondent shall conduct stack tests to
    be performed
    by a consulting engineering firm of its choice and
    pursuant to procedures agreed upon by the Agency.
    Said
    test will he conducted within
    45 days of the completion
    of the system at Respondent’n
    facility.
    Upon proof of
    compliance submitted to the iThency by the consulting
    engineering firm and complidr1~ewith the provisions
    of
    Rule 103 of the Ruies~ all necessary permits will be
    issued to Respondent.
    29
    —
    333
    —4—
    10)
    Respondent agrees to provide copies of all documents
    which it submits to the Agency to the Illinois
    Attorney
    General, c/o Howard Chinn,
    188 W. Randolph Street,
    Suite 2315,
    2315,
    Chicago,
    Illinois.
    Respondent also shall permit
    a
    representative of the Illinois Attorney General to conduct
    the same inspection of its facilities permitted the Agency,
    pursuant to the provisions of the Environmental Protection
    Act, during the time period of its Compliance program.
    Respondent shall allow a representative of the Attorney
    General to inspect its facility after such program is
    completed
    if the Attorney General has received
    a Complaint
    concerning Respondent,
    if the Attorney General has any
    reasonable grounds to believe Respondent is violating any
    provision of the Act or the Board’s Regulations,
    if
    Respondent requests a variance,
    or
    if Respondent conducts
    stack
    tests.
    11)
    Respondent
    shall
    submit
    all
    changes
    or
    modifications
    in its project completion schedule
    (Program Evaluation
    Review Technique)
    to the Agency and the Illinois Attorney
    General,
    c/o Howard Chinn within three business days of
    any such change or modification.
    Additionally, Respondent
    shall notify the Agency and the Attorney General, within
    three business days of any and all information it receives
    indicating
    in any way that its system will not,
    or might
    not,
    be completed by August
    1,
    1978.
    12)
    Within 30 days of the date of this Order, Respondent
    shall pay the sum
    of $5,000 as a civil penalty in this
    matter.
    Payment shall be by certified check or money
    order payable to the State of Illinois and shall be
    transmitted to the following address:
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois
    62706
    I,
    Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order were
    adop~don the
    /(~
    day of
    ~
    ,
    1978 by a vote
    ~
    Illinois Pollution
    ontrol Board
    29
    —
    334

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