ILLINOIS POLLUTION CONTROL BOARD

February

3,

1972

ENVIRONMENTAL PROTECTION AGENCY

v.

)

PCB 71—236

SOLID WASTE DISPOSAL COMPANY

James

I.

Rubin, Attorney for the Environmental Protection Agency

Samuel

H.

Young,

Attorney

for Solid Waste Disposal Company

Opinion and Order

of the Board

(by Mr. Aldrich):

On August

12,

1971,

the Environmental Protection Agency

(“Agency”)

filed

a complaint against Solid Waste Disposal Company

(“Solid Waste”)

alleging violations of the Rules

and Regulations Governing the Control

of Air Pollution

(“Air Rules”),

the Air Pollution Control Act,

the

Sanitary Water Board Act,

and the Environmental Protection Act.

Respondent was,

from

1959 until August

24,

1971,

engaged

in

the

business of incinerating refuse,

garbage and commercial wastes at

its disposal

site

at 9301 West Higgins

Road,

Des Plaines, Illinois.

The complaint alleges

that Respondent:

1)

Operated

its incinerating facilities so as

to cause or

allow the emission of particulate matter,

thereby causing

air Dollution in violation of Sections

2 and

3 of the Air

Pollution Control Act and of Section 9(a)

of the Environ-

mental Protection Act;

2)

Operated

its incinerating facilities

so as to emit partic-

ulate matter in amounts

in violation of Rule 3-3.232 of

the Air Rules;

3)

Since June

15,

1967, has failed to file

a Letter of Intent

to file

an Air Contaminant Emission Reduction Program

(“ACERP”)

in violation

of Rule 2—2.12 of the Air Rules or

since April

15,

1968,

to file an ACERP in violation of

Rules 2—2.31(f)

and 2—2.41

of the Air Rules;

4)

Operated its incinerating facilities

so as to cause or allow

the emission of smoke of such density as

to violate

Rule 3—3.232

of the Air Rules;

5)

Caused or allowed the discharge

of black water carrying

suspended particles of fly ash into

a ditch which

flows

into

the Des Plaineg River,

so

as

to cause water pollution in

violation of the Sanitary Water Board ~ct

and of Section

12(a)

of the Environmental Protection Act.

3

—

579

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The complaint seeks

the entry of an order directinq Solid Waste

to

cease and desist from the aforesaid violations and assessing

a money

penalty.

Respondent’s

facilities have

for some

time been operated under

the

restrictions

of

a legal non-conforming use under

the Cook County

Zoning Ordinance.

Since October

24,

1968,

Solid Waste or

its prede-

cessor has attempted

to have

the premises rezoned and

a

special

use

oermit issued

in order

to construct three rotary kilns

as replacements

for its present incinerator.

Resoondent plans

to ecuip these kilns

with pollution control equipment which would bring

its facilities

into

compliance with applicable reculations.

Plans

to install

the new

facilities have been delayed oendinq the outcome of litigation con-

cerning Respondent’s request for rezoninq

and issuance of

a special use

permit.

On August

24,

1971,

Solid Waste ceased oneration of

its present

facilities

and has refrained

from any incineration of wastes since

that

time.

On January

24,

1972,

the parties to the case submitted

a stipulation and

proposed settlement.

The parties stipulate that from October

1,

1963

to August

24,

1971,

Respondent has onerated

its incinerating

facility

so

as to violate Sections

2 and

3

of the Air Pollution Control Act and

Section 9(a)

of the Environmental Protection Act.

The parties also

stipulate that from March

26,

1965 to August

24,

1971,

Respondent has

violated Rule 3-3.232

of the Air Rules with regard

to particulate

emissions and has further violated said Rule with regard to smoke

emissions on June

20,

1971,

July

16,

1971,

and July

17,

1971.

The

parties further stipulate that Respondent has violated Rule 2-2.12 as

well as Rules 2—2.31(f)

and 2-2.41 of the Air Rules

by tailing

to file

either

a Letter of Intent

to file an ACERP or an ACERP

itself.

The

Agency withdraws the allegations

in the complaint which deal with water

pollution.

The parties recuest that in lieu of

a hearing,

the Board accent

the

stipulation

and proposed settlement.

Under the terms of the oroposal,

Solid Waste would be prohibited from incinerating

until pollution

abatement equipment

is installed which brings

the operation of the

incinerator

into compliance with all applicable

statutes, rules and

regulations.

Solid Waste would also pay

a money penalty for the afore-

mentioned violations,

in the amount of $1000.00.

This Board is on record as favoring

a reduction

in the time and

expense of litigation wherever it is possible

to arrive at an equitable

settlement which serves the purposes

of the Environmental Protection

Act

(see EPA

v.

Charles

R. Rhodes,

PCB

71—53,

September

16,

1971;

EPA

v. Custom Farm Services,

Inc.,

PCB 71—312, December

21,

1971).

Certainly the proposed settlement

in the instant case provides

for the

future protection of the environment.

Respondent would simply not

operate

its incinerator until such time

as adequate pollution abate-

ment eouipment

is installed.

In view of the number

of oast violations

stinulated to and their continuous nature,

we

feel

the proposed penalty

of $1000.00

is somewhat low.

We note, however,

that Respondent

is not

now

a profitable corporation and has incurred

a considerable indebted-

ness

in recent years.

Furthermore,

we are reluctant

to reject

a settle-

3

—

580

---

ment which both parties deem to be in the public interest.

We there-

fore accept the proposed settlement and shall enter

an order in com-

plete accordance with the terms

of that agreement.

Mr. Dumelle Dissents.

ORDER

1.

Solid Waste Disposal Company shall not incinerate further wastes

at its facilities

in Des Plaines,

Illinois, until pollution

abatement eauipment has been installed which brings the operation

of the facilities into compliance with the provisions of the

Environmental Protection Act and all applicable rules and regu-

lations.

2.

Solid Waste Disposal Company shall, within 35 days of the entry

of this order,

pay to the State of Illinois, the sum,

in penalty,

of

$1000.00.

Penalty payment by certified

check or

money order

payable to the State of Illinois shall be made to the Fiscal Services

Division, Environmental Protection Agency,

2200 Churchill Road,

Springfield,

Illinois 62706.

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

certify that the ~oar

adopted the above opinion and or,~erthis

_________day of

—7~

,

1972 by a vote of

~“—/

3

—

581

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