ILLINOIS POLLUTION CONTROL BOARD
July
25,
1974
ACME BARREL COMPANY,
INC.,
Petitioner,
)
vs.
)
PCB 74-138
ENVIRONMENTAL PROTECTION AGENCY,
~espondent.
OPINION
AND
ORDER OF THE BOARD
(by Mr. Seaman):
On April
17,
1974, Acme Barrel
Company,
Inc.
filed
its Petition For Variance,
seeking therein
a variance from the Board Order
in PCB 72-404..
Petitioner operates
a drum reclamation and reconditioning facility located
at 2300 West 13th Street, Chicago,
Illinois.
The equipment which
is used in
the reclamation and reconditioning of drums
includes burners
to pre-heat barrels, incinerators,
pits
in front of two
incinerators,
steel shot blasting units,
barrel
washing and drying facilities
and paint spray units and curing ovens.
Petitioner receives 4000 barrels each day which contain residues
of under-
coating,
tar,
oils,
animal
fats, varnish, paint,
glue,
printing ink,
chemicals,
etc..
Both open-head and tight-head barrels are reconditioned~.
Petitioner is
equipped with two drum incinerators, one cover incinerator, eight paint spray booths,
four
curing ovens
and five steel shot blasting units, each of which
is equippped
with
a baghouse.
Petitioner is seeking
a Variance from the Board Order in PCB
72-404.
In that
action the Agency filed
a complaint against Petitioner on October 13,
1972.
(PCB 72-404).
The complaint alleged that during the period beginning on
or before
January 26,
1972,
and continuing at least to the date of the filing
of the complaint~
Petitioner operated its salamanders,
its barrel
preheating process and the
collection of waste materials
from the preheated barrels
in such
a manner as
to
violate Section 9(a)
of the Environmental Protection Act
Ill,
Rev,
Stat.,
ch.
111 1/2, Section 1009(a),
1971
.
The complaint further alleged that during the
same period Petitioner caused or allowed the burning of refuse in pits located
in front of its incinerators in such a manner as
to cause open burning
of refuse
in
violation of Section 9(c) of the~EnvironmentalProtection Act.
Finally the complaint
alleged that on
or subsequent to July 1,
1970, Acme Barrel
installed pollution
control equipment without first having obtained
a permit from the Agency
in
violation of Section 9(b) of the Act.
13
—
207
‘~
earing ~~asheld
on
March
17
‘973
This
earing was then continoed
to
n
ater dste witi the ~inderstanding
Lhat the Darties ~au1dattoniot to
agree on
a st~pulat~on
of facts.
a
secoid hearlig was heid on October 24
973
and ~hejoint stio
lation of both part~eswas
i
troauced into eidence
t. at stioulat
o
Pet~tioneragreed to
ita
e
t .e
est by es
of
he
nc nerators and reinstall
cover pla~son
and conveyor ir an effort
th
e
inna e
a y open Dirning.
S nce ~p~i 23
°ettioner has remo ad
the
ruober
gaskets
~rorr the
~asbefc ~eolacing
n
the
incine
ato
00
itioner
a
so
converted
the
sa
aca
ders
~.
gas
thred
heaters
and
agreed
to ordertake a projram to
e iminate the oossib l4ty of any smoke enanat
ig
fr0m
~e irea
‘
~rcntof the thc4~e’~ators °etit’o~e~’
also agreed L
the coliow
ng additional work and installation of eqiipnient.
to estabiish
a
program for eliminating the possibility of any smoke eiianating from the area ~n
front of the incinerators;
to
investigate the possibility of disposing of the
gathered material from this process by means of an
n~plantspecial
cinerator
at some future date; the installation
of a new water spray booth for the exterrã
paint
line;
and
a program of proper maintenance of both filters
on the existing
spray booth and on the existing baghouse
Schedules were submitted in detai
‘~or
the program for drum cleaning and disposal of drum drainage.
Petitioner ~eqe’~ts
an extension of six months from the May 1, 1974 deadline set out in oaragraph
1.
of the Board Order
so that it can refabricate its drum drainage system itself and
insta1l
it with its
own forces.
A grant of the Petition for Variance woulu ext~id
the deadline until
November
1,
1974.
Petitioner
has already purchased conveyor, gearbox, chain and pumps,
etc.,
for the drum drain
system.
The, purchase receipts have been submitted to the Agency.
Petitioner informed the Agency~srepresentative that Petitioner did not rece ye
quotations
for the fabrication and instaliation system because of the unavailability
of
steel and previous commitments
of the construction companies.
The Agency
‘nvestigator verified this claim with the construction companies by phone on May 8, 197
Petithoner now intends
to fabricate and instal
the drum drain system with
its own ~orces.Petitioner has obtained the required steel.
Petit’oner has torn
down part of the old building ard
installed a chain conveyor on a temporary basis
so that dur~ngthe irstal1ätion of the drum drain sys em, drum recondition rg can
be
in progress without affecting production.
°etitoner requests six months to complete
installation of the drum drain
system.
the Agency finds
that this
is sufficient time to complete the system.
Petitioner
has
submitted
monthly
progress
reports
to
the
Agency
as
required
by Paragraph
5
of
the Board Order.
Petitioner has paid its fine and complied
with
the
other sections of the
Board
Order.
—
208
Petitioner
is
installing
a
new
baghouse
and
steel
shot
blasting
units,
According
to
the
purchase
order
submitted
to
the’
Agency,
the
baghouse
and
blasting
units
cost
approximately
$2OO~OOO,
We
are
satisfied
that
Petitioner~sfailure
to
comply
with
our
Order
resulted
from
factors
beyond
its
control.
The
Variance
will
be
granted,
subject
to
certain
conditions.
This
Opinion
constitutes
the
findings
of
fact
and
conclusions
of
law
of
the
Board.
IT
IS
THE
ORDER
of
the
Pollution
Control
Board
that
Petitioner
be
granted
a
Variance
from
Paragraph
I
of
the
Pollution
Control
Board
Order
in
PCB
72~4O4until
November
1,
1974,
subject
to
the
following
conditions:
a.
Petitioner
shall
continue
to
pursue
vigorously
its~investigation
and
implementation
of
alternatives
regarding
disposal
of
drum
drainings.
b.
Petitioner
shall
apply
for
all
necessary
permits
from
the
Environmental
Protection
Agency.
c.
Petitioner
shall
submit
monthly
reports
to:
Environmental
Protection
Agency
Division
of
Air
Pollution
Control
Control
Program
Coordinator
2200
Churchill
Road
Springfield,
Illinois
62706
The
monthly
reports
shall
include
the
progress. of
the
installation
of
the
drum
drain
system.
I,
Christan
L.
Moffett,
Clerk’of
the
Illinois
Pollution
Control
Board,
certify
that
the
above
Opinion
and
Order
was
adopted
on
this
~
day of’
,
1974
by
a
vote
of
~
13
—
209