ILLINOIS POLLL1TION CONTROL BOARD
November
 19,
 1987
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
 )
 PCB 86—26
FOREST ELECTRIC COMPANY,
Respondent.
MR. GERALD KARR,
 ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF
 COMPLAINANT;
MR.
 DENNIS KING, VICE PRESIDENT OF FOREST ELECTRIC,
 CO., APPEARED
ON
 BEHALF
 OF
 COMPLAINANT.
OPINION AND ORDER OF THE BOARD
 (by J.D.
 Dumelle):
This matter comes before the Board on Complainant’s February
25, 1986 one count complaint alleging Respondent was operating
without
 a required operating permit.
 Complainant alleges
violations
 of
 Ill.
 Rev. Stat.
 ch. 111 1/2,
 par. 1009(b),
 1012(b)
and 35
 Ill.
 Adm.
 Code Section 201.141 and Section 201.144.
 After
numerous continuances, hearing was held on October
 7,
 1987 at
 1
N.
 LaSalle Street,
 Criicago,
 Illinois.
 No members
 of
 the pubiic
attended.
The facts
 as set forth
 at hearing,
 are
 as follows:
Respondent has operated at 1001 N.
 25th Avenue, Meirose Park,
 II,
since December
 of
 1959.
 The nature
 of Respondent’s business
operations
 is designing and manufacturing power supplies and
solid state devices,
 including specialty transformers
 and
magnets.
 This involves assembly and fabrication
 in addition
 to
painting and
 in curing ovens.
 The curing oven,
 as
 a source
 of
emissions,
 is required to
 be permitted by
 IEPA.
 35
 Ill.
 Adm.
Code Sections 201.102,
 201.144.
 Respondent was issued its first
operating permit
 on March
 17, 1986
 ——
 but this permit was
retroactive
 to November
 25,
 1985.
 On February 26,
 1986, prior
 to
the actual,
 physical issuance
 of the permit,
 the Agency filed
this complaint alleging Respondent
 operated unpermitted equipment
in violation
 of
 law.
As
 a threshold
 n-iatter
 it
 should be noted
 that there
 is
conflicting evidence regarding the issuance of permits prior
 to
November
 25,
 1985.
 Complainant called Ms. Corazon Mata
 as
 its
only witness.
 Ms. Nata testified that she
 is an Environmental
83—15
Protection Engineer,
 assigned
 to the area which includes
respondent’s
 facility.
 Sne further
 testified
 that she cnecked
tfle IEPA file
 in Maywood, microfiche
 files
 in Maywood, computer
print—outs and she consulted
 tne Permit Section
 (of IEPA)
 in
Springfield prior
 to hearing.
 (R.
 8).
 Ms. Mata stated
 tnat
Respondent did not possess an operating permit
 for
 its curing
oven.
 However
 ——
 and although Respondent never contested Ms.
Mata’s assertion
——
 Respondent introduced evidence indicating
that the equipment used was previously permitted.
 In specific,
Respondent’s Exhibit
 4 at Question #llb,
 a certified statement,
states that equipment covered by the permit application has
previously received an operating permit.
 The answer to Question
#llb appears
 to
 be
 an error
 ——
 perhaps caused
 by the inartful
phrasing
 of Question #llb.
 Nonetheless, Respondent never
 claimed
to have
 a permit,
 nor did
 it introduce any evidence indicating
the issuance of
 a permit.
 The Board finds
 tnat Complainant has
substantiated its averments
 concerning Respondent’s lack
of
 a
required operating permit until November
 25,
 1985.
Another threshold matter which will
 be addressed
 at this
time
 is Complainant’s allegations that Respondent’s conduct
constitutes
 a violation of Ill.
 Rev.
 Stat.
 ch. 111
 1/2 par.
1012(b).
 (Complaint p.
 3 par.
 12).
 Respondent’s activity,
 at
least
 insofar
 as the pxoofs and evidence,
 is not a violation of
Section 1012(b).
 Ill.
 Rev.
 Stat.
 oh.
 111 1/2, par. 1012(b)
concerns water pollution not air pollution.
 The proofs and
evidence contain no evidence relative
 to
 a water pollution
violation;
 therefore the Board
 finds no
 violation of water
pollution rules or
 regulations.
The Board
 finds
 that Respondent violated Ill.
 Rev.
 Stat.
 cti.
111 1/2,
 par.
 1009,
 35
 Ill. Adm. Code Sections 201.141 and
210.144.
 Section
 9 of the Environmental Protection Act prohibits
the operation of equipment capable
 of causing
 air pollution
 in
the absence of
 a permit
 issued by IEPA.
 Respondent’s curing
oven, which dries painted power supplies and solid state devices,
is
 a source
 of emissions
 as that term
 is defined at
 35 Ill. Adm.
Code Section 201.102.
 Hence,
 Respondent may not operate that
equipment without
 a permit.
 Ill.
 Rev.
 Stat.
 1985 ch. 111 1/2,
par. 1009(b);
 35
 Ill.
 Adm. Code Section 201.144.
 Additionally,
in this case, the discnarge of air emissions
 in violation of
Section 201.144
constitutes
 a violation of 35
 Ill. Adm. Code
Section
201.141.
 Respondent,
 by operating
 its curing oven
without
 an
 IEPA
 permit
 has
 violated
 Ill.
 Rev.
 Stat.
 ch.
 11.
 1/2,
par.
 1009(b) and
 35
 Ill.
 Adm. Code Sections 201.141, 201.144.
PENALTY
Ill.
 Rev.
 Stat.
 oh.
 111 1/2,
 par.
 1033(c)
 sets forth
 tne
elements
 for this Board
 to consider
 in reviewing actions
 of
 tnis
sort.
 Par.
 1033(c) elucidates the following criteria:
83—16
—
“c.
 In making
 its
 ...
 determinations,
 the
 Board
 shall
 take
into considering
all facts
 and circumstances bearing
upon tne
...
 emissions
 ...
 but not limited
 to:
1.
 tne character
 and degree of injury
 to
 or
interference with the
...
 nealth, general welfare
and pnysical property
 of
 trie people;
2.
 the social
 and economic value
 of
 the
 ...
 source;
3.
 the
 suitability
...
 of
 the
...
 source
including the question of propriety of location
 in
the
 area
 involved.
4.
 the technical practicability
 and economic
reasonableness of
 reducing
 or eliminating the
emissions,
 ...
 from such pollution source.
Respondent’s
 facility is not
 a
 ‘major source’
 (emissions
 in
excess
 of
 100
 tons/yr)
 as that term
 is defined
 at
 35
 Ill. Mm.
Code Section 203.206;
 but that
does not mean Respondent’s
facility and
operations are innocuous.
 Varnish, lacquer, paint
 and paint thinner are all substances which can be harmful if not
handled properly.
 Because IEPA never
reviewed Respondent’s
handling
 of these substances nor Respondent’s operations,
 the
public health and welfare was less than secure.
 Additionally,
because
 it was unaware of
 this emission source,
 IEPA,
 as the
Agency charged with monitoring
 air quality and enforcing
compliance with same,
 is nindered
 in its efforts to analyze
regional air quality standards,
 causes of pollution and formulate
possible
 solutions.
 Hence
 tne
 public
 injury
 was
 both
 localized
to
 the
 area surrounding Respondent’s plant, and generalized
 to
the
 entire
 community
 because
 a
 potential
 source
 of
 dangerous
emissions was unknown to State officials.
There
 is
 no
 question
 that electrical transformers and solid
State
 electrical
 equipment
 serve
 useful
 social
 and
 economic
purposes.
 But this does not outweigh tne need for Respondent
 to
supply IEPA with data relative to air
 emissions;,, nor does this
mitigate or eliminate Respondent’s duty to obtain required
 permits.
 There
 is no direct evidence
 in the
 record relative
 to
Respondent’s social and economic value.
Likewise,
 there
 is no direct evidence regarding Respondent’s
suitability
 to the area in which
 it
 is located.
 Nonetneless,
wnatever the area
 in which Respondent
 is located,
 that area
 is
better
 served by Respondent’s compliance with Illinois law by
providing IEPA with data relative
 to
air emissions
 and
 by
obtaining required permits.
Ill.
 Rev.
 Stat,
 cn.
 111 1/2 par.
1033(c)
 contains another
criteria which
 this Board is required
 to consider:
 “The
83—17
—4—
technical practicability and economic
 reasonableness
 of reducing
or eliminating
 the emissions
 .
 .
 ..“
 “It should be noted tnat
Respondent was not required
 to alter, modify or change
 its
operations
 in order
 to obtain the required permit.
 Upon
 its
submission
 of the required data
 and applications
 and receipt
 of
 a
permit, Respondent
may now
 ‘legally’
 conduct
 its operations.
Thus,
 since
 no control equipment
 is involved
 in
 this case
 and
emissions
 are not required
 to
 oe reduced
 there are no technical
practicability or economic reasonableness factors applicable
regarding tnis emission.
There are two more criteria by wnich
 this Board must judge
Respondent’s
 actions.
 Tne first
 is the degree of economic
advantage enjoyed
 by Respondent by its failure
 co comply with
 the
law.
 IEPA
 v.
 Standard Metal Co., PCB 83—22, decided January
 10,
1985.
 Tne second
 additionalj
 criterion
 is whether
 or not the
Respondent made good faith
 attempts to comply with the Act.
There
 is
 no
evidence regarding any degree
 of economic
advantage
 or cost savings enjoyed
 by Respondent from its failure
to obtain the required permit and submit
 the necessary,
 required
data.
 Thus
 it can be reasonably assumed that there was
 no such
economic advantage.
 Unlike major
 equipment modifications,
supplying required information and applying
 for required permits
does not necessarily carry
 a discrete financial component.
 The
Board finds tnat there
 was no unfair cost savings to Respondent
from its failure
 to obtain
 the required permit.
The last criterion
 to be considered
 is whether
 the
Respondent has made any good faith attempts
 at complying with the
Act.
 The facts
 are clear
 that
an inspection occurred
 on
September
 10,
 1984,
 and that
 since September
 18, 1984 Respondent
has been aware
 of
 its obligation
 to obtain required permits.
Regarding operations before September 18,
 1984, Respondent’s
ignorance
 is neither
 a proper defense nor
 a mitigating factor.
After September
 18,
 1984 Respondent continued
 to operate without
permits
 until March 17,
 1986 at which
 time it received
 a permit
retroactive
 to November
 26,
 1985.
 The fact remains
 that
 it took
Respondent in excess of one year
 to
 supply necessary information
and apply for required permits.
 Statements by Mr. Dennis King,
Vice
 President
 and
 General
 Manager,
 for
 Respondent,
 that “the
IEPA
...
 never
 gave me a deadline
 oy which
 these things had
 to
 be
done” does not alter
 the fact that
it
 took Respondent too long
 to
comply with
 the law.
 CR.
 27).
Mr. King indicated that
 the excessively long time between
notification
 and permitting was due
 to his difficulties
 in
completing application forms
 (R.
 26).
 He further testified
 as
follows:
 “...
 I don’t
 think
 a layman can fill out this form for
a drying oven.”
 (R.
 37).
 The Agency’s witness,
 Ms. Cora Mata,
nowever stated
 as follows”.
 “...
 in
 fact,
 Forest Electric,
 they
seemed to be coming
 to the Agency without no information
 sic
83—18
Nothing
 at all.
 I explained one
 by one how the
forms worked,
what the necessary information are
 sic
 required in order
 to
complete those.
 Those informations
 sic
 that are required does
sici
 not necessarily need
 a technical background.
 Anybody can
fill those
 out.”
 (R.
 36).
The
 issue
 is not whether
 Mr.
 King nas
 a technical
background;
 or whether
 a layman could understand
 those forms;
 or
whether
 the IEPA was
 ‘helpful’ enough
 to Mr.
 King.
 The duty
 is
Respondent’s
 to comply witn Illinois
 law
 ——
 and Illinois
 law
requires Respondent
 to submit sufficient
 data
 to demonstrate
compliance and to obtain operating permits.
 Ill.
 Rev.
 Stat.,
 ch,
ill 1/2,
 par.
 1039(a); 1009(b);
 35
 Ill.
 Adm.
 Code Section
201.144.
 The sole
 issue
 is whetner
 or not Respondent was
operating without required permits.
This Board finds
 that Respondent
 is required
 to possess
 an
operating permit;
 this Board also
 finds that Respondent operated
for at least
 1 1/2 years prior
 to receiving that required
permit.
 The Board
 assesses Respondent
 $3,000
 for failing
 to
comply with
 the permitting requirements
 of the Act and
Regulations.
Failure
 to obtain required permits
 is not
 a “paper
violation”
 or
 a technicality.
 The violation of
 a permit
requirement goes directly to the heart
 of the State’s enforcement
program and ability to protect against environmental damage.
IEPA
 v.
 Standard Scrap Metal Company, PCB 83—22, decided January
10,
 1985.
 Additionally, the permitting program is the principal
method of informing owners and operators of pollution sources
about what
 is required
 of them to comply with the regulations
intended to prevent pollution.
This constitutes
 the Board’s findings of
 fact and conclusion
of law
 in this matter.
ORDER
The Board finds Respondent Forest Electric Company
 in
violation of
 Ill. Rev.
 Stat.
 ch 111 1/2 par.
 1009(b)
 and
 35
 Ill.
Mm.
 Code Sections 201.141,
 201.144,
 in that
 it operated its
curing oven
 without required permits
 since at
 least September
10, 1984
 until November
 26, 1985 in violation
 of
 law.
The Board orders Respondent,
 Forest Electric Company
 to
cease and desist from operating
 equipment which
 is required
 to
 be
permitted
 ——
 but which
 is not currently permitted.
The Board further orders Respondent
 to pay,
 within
 90 days
of the date
 of this Order, a penalty
 in the amount of $3,000
 for
the violations
 of the Act and Regulations as described
 in this
Opinion and Order.
 Payment shall
 be by certified check or money
order made payable
 to:
83—19
—6—
State of Illinois Fiscal Services
Illinois Environmental Protection Agency
2200 Churchill
 Rd.
Springfield,
 IL 6270ó.
IT
 IS SO ORDERED.
Section
 41
 of
 the Environmental Protection Act,
 Ill. Rev.
Stat.
 1985,
 ch.
 111—1/2, par.
 1041,
 provides
 for appeal
 of final
Orders of
 the Board within
 35 days.
 The Rules of the Supreme
Court
 of Illinois establish filing requirements.
I, Dorothy N. Gunn,
 Clerk of
 the Illinois Pollution Control
Board,
 hereby certify that the above 0 inion and Order
 was
adopted on the
 /~Z.’
 day of
____________,
 1987 by a vote
of
 I
-O
 .
Dorothy
-
 .
 Gunn, Clerk
Illinois Pollution Control Board
83—20