ILLINOIS POLLUTION CONTROL BOARD
    July 24, 1975
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    vs.
    )
    PCB 75—77
    JOHN T. CARROLL, JR. d/b/a St.
    FRANCIS PET CREMATORIUM and
    )
    CARROLL’S COCKER KENNELS,
    Respondent.
    JEFFREY HERDEN, Assistant Attorney General for Complainant
    JAMES DOLAN, appeared for Respondent
    OPINION AND ORDER OF THE BOARD (by Mr. Henss):
    The Attorney General filed a Complaint, in the name of
    The People of the State of Illinois, alleging that Respondent,
    the operator of a pet crematorium in Wood Dale, DuPage County,
    Illinois, emitted odors which caused air pollution in violation
    of Section 9(a) of the Environmental Protection Act.
    At the public hearing the parties submitted a Stipulation
    and Proposed Settlement which the Board is asked to approve.
    This Stipulatin shows that Carroll has operated a 150 lbs./hr.
    incinerator since 1971 for the purpose of cremating dogs and
    other small animals. This incinerator is operated on 2 to 5
    days per week.
    On several occasions the incinerator has emitted smoke and
    odors which unreasonably interfered with the enjoyment of life
    and property of residents in the area of the crematorium. The
    emissions were not continuous and Carroll took corrective action
    to halt the emissions as soon as he noticed them. A temperature
    recording device has now been installed to insure that the proper
    temperature is attained in the incinerator before incineration
    commences.
    If the Board approves the proposed settlement, Carroll
    agrees to raise the stack height, allow only qualified operators
    to use the incinerator and will control the hours, the load and
    the temperature in use of the incinerator.
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    In addition to the above items, Carroll agrees to apply
    for and obtain an operating permit from the Environmental Pro-
    tection Agency, such application to be made within 30 days
    of the date of the Stipulation and Proposed Settlement (June 5,
    1975). Carroll agrees to post a $3,000 performance bond to
    assure compliance with the above conditions. The parties agree
    that no monetary penalty should be imposed in settlement of
    this matter.
    The air pollution violations appear to have been sporadic.
    None of the neighbors objected to the proposed settlement
    conditions. The Settlement will require some expenditure of
    funds and we see no need for the additional financial burden of
    a monetary penalty. We note that there has been a substantial
    delay in obtaining an operating permit. Further delay will not
    be acceptable.
    The Board has considered the Settlement in light of the
    requirements of Section 33(c) of the Act and approves it.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Pollution Control Board.
    ORDER
    It is the order of the Pollution Control Board that:
    John T. Carroll, Jr. is found to have operated an
    incinerator in Wood Dale, Illinois in such manner as to
    cause air pollution in violation of Section 9(a) of the
    Environmental Protection Act. Respondent shall comply
    with the following requirements:
    1. The incinerator stack shall be raised to a
    height of 40’ above grade.
    2. The incinerator shall be operated between 8:00
    a.m. and 5:00 p.m. only, exclusive of preheating
    and cooling periods. The incinerator shall
    cperate a maximum of five days per week and shall
    not operate on Sunday.
    3. Loading to the incinerator shall be a maximum of
    150 lbs./hr.
    4. The incinerator shall be equipped with a smoke
    opacity indication device with a warning system
    which notifies the operator when opacity has
    reached 30.
    5. No plastic bags shall be incinerated at any time.
    18— 173
    —3—
    6. Animals shall not be frozen when charged to the
    incinerator.
    7. No animals shall be charged into the incinerator
    until the secondary chamber temperature has reached
    a mi~ümumof 1400°F., and the temperature shall
    not fall below that minimum throughout the incin-
    erator operations.
    8. The incinerator premises, recording tapes and
    control devices shall be available for unannounced
    inspection by representatives of the Attorney General
    and the Illinois Environmental Protection Agency at
    any reasonable time, when Mr. John T. Carroll
    ,
    Jr.
    is present.
    9. The manufacturer’s operating instructions incor-
    porated by reference in the Stipulation, shall be
    followed. They shall be posted in a location near
    the incinerator so that any operator may readily
    see the instructions and follow them. A copy of
    these additional operating instructions shall also
    be posted.
    10. Mr. John T. Carroll, Jr. shall be the sole operator
    of the incinerator, except in emergencies when
    another qualified operator may be used.
    11. The facility shall be available for inspection upon
    completion of the programs outlined above.
    12. Respondent shall apply for and obtain an operating
    permit from the Environmental Protection Agency of
    the State of Illinois. The application for permit
    shall be filed within 15 days of this Order.
    13. Respondent shall, within 30 days after the date of
    this Order, post a bond in the amount of $3,000 in
    a form acceptable to the Environmental Control
    Division of the Illinois Attorney General to assure
    compliance with the above conditions. The bond
    shall have a duration of one year and shall be
    mailed to: Fiscal Services Division, IllinoIs EPA,
    2200 Churchill Drive, Springfield, Illinois 62706.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certfy the above Opinion and Ord1er was adopted the
    ~4~’
    day of
    ,
    1975 by a vote of ~5-p
    Christan L. Moffe/
    ,
    erk
    Illinois Pollution ntrol Board
    18
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    174

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