ILLINOIS POLLUTION CONTROL BOARD
    September
    13, 1973
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    PCB 73—150
    BRESLER ICE
    CREAM
    COMPANY, an
    Illinois corporation,
    Respondent.
    Mr. James Jenks, Assistant Attorney General, on behalf of
    the Complainant;
    Mr. Barry Kroll, on behalf of the Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Seaman)
    On April
    12,
    1973,
    the Agency filed complaint against
    Respondent, Bresler Ice Cream Company,
    the
    owner and operator
    of an ice cream production facility located in Chicago, County
    of Cook,
    Illinois.
    This cause comes before the Board with
    a Stipulation of
    Facts entered into between the respective parties.
    According
    to said Stipulation, Respondent operated an incinerator
    at its facility during the period between July
    1,
    1970
    and
    January 20,
    1973.
    Articles incinerated were primarily wastes
    and by—products from Respondent’s operation.
    By paragraph 10 of the Stipulation,
    Respondent admits
    that the emission of contaminants from the subject incinerator
    constituted air pollution as defined
    in Section 3
    (b)
    of the
    Environmental Protection Act.
    The said contaminants were
    emitted in sufficient quantities and were of such characteristics
    and duration as to unreasonably interfere with the enjoyment
    of life or property.
    Numerous complaints
    to this effect were
    received by the Agency from persons residing in
    the vicinity.
    The substance of
    the complaints related primarily to the escape
    of fly ash and odors from the incinerator.
    It is noted that
    nowhere in the record before this Board is there any indication
    of the magnitude of pollutants emitted from Respondent’s incinerator.
    We are merely informed that such emissions were in violation
    of the Act.
    9
    —
    253
    —2—
    During the three years in question,
    it is stipulated
    (paragraph
    9)
    that Respondent
    was attempting
    to remedy
    the
    situation and, pursuant thereto, consulted
    with
    experts
    and expended sums of money in an effort to eliminate or reduce
    emissions.
    Here,
    again,
    the Board has no further information
    regarding
    the
    experts involved or the amount of money expended.
    According to the Stipulation
    (paragraph
    11)
    ,
    Respondent
    realized that its efforts to modify its incinerator were
    unavailing and terminated the use of said incinerator on
    January
    20,
    1973.
    It is noted that operation of the incinerator
    was terminated prior to the filing of the complaint herein.
    The incinerator has been rendered inoperable and Respondent
    states
    (paragraph
    11)
    that it will not be operated in
    the
    future.
    From the above,
    this Board is satisifed that Respondent
    has, for a period of approximately three years, been in
    violation of the Act,
    and a penalty will be assessed.
    Respondent stresses,
    in mitigation, that it unilaterally
    terminated the use of the subject incinerator prior to
    the
    date
    of the Agency complaint
    (R.6).
    This fact would carry more
    weight if Respondent had not waited approximately three years
    to take remedial action.
    Further,
    it would have been well
    for Respondent
    to have introduced evidence regarding the
    amount of money expended, rather than content itself with the
    bare stipulation
    that sums were expended.
    This opinion constitutes the findings of fact and conclusions
    of law of the Board.
    IT IS THE ORDER of the Pollution Control Board that
    Respondent, Bresler Ice Cream Company, shall:
    1.
    Cease and desist from the violations found herein.
    2.
    Refrain from operating the subject incinerator
    without prior Agency approval.
    3.
    Respondent shall pay to the State of Illinois the sum
    of $1~500.00within
    35 days from the date of this Order.
    Penalty
    payment by certified check or money order payable to the State
    of Illinois shall be made to:
    Fiscal Services Division,
    Illinois Environmental Protection Agency,
    2200 Churchill Road,
    Springfield,
    Illinois
    62706.
    9
    254
    I,
    Christan
    L.
    Moffett,
    Clerk
    of
    the
    Illinois P~liution
    Control
    Board,
    hereby
    certif~y
    the
    above
    Opinion
    and
    Order
    was
    adopted
    this
    /J~’
    day
    of
    ~,
    1973
    by
    a
    vote
    of
    _____________
    to
    ~
    .
    S

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