ILLINOIS POLLUTION CONTROL BOARD

February 19, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

)

v.

)

PCB 75—292

)

J & S TIN MILL PRODUCTS COMPANY,

)

INC., an Illinois corporation, and

)

ARMSTRONG CONTAINERS, INC., a

)

Delaware corporation,

)

)

Respondents.

MR. JAMES L. DOBROVOLNY, Assistant Attorney General, appeared on

behalf of Complainant;

MR. EUGENE H. BERNSTEIN, appeared on behalf of Respondents.

OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):

This matter comes before the Board on a Complaint filed by

the Environmental Protection Agency (Agency) on July 25, 1975

against J & S Tin Mill Products Company (J & S) and Armstrong

Containers, Inc. (Armstrong) regarding the operation of a

facility located at 3400 North Powell Street, Franklin Park,

Illinois.

The

Complaint alleged that both

Respondents

had

violated Section 9(b) of the Environmental Protection Act

(Act) and Rule 103(b) (2) of the Board’s Air Pollution Control

Regulations. A hearing was held on December 3, 1975 at which,

without the testimony of any witnesses, a draft Stipulation

and Proposal for Settlement was presented. A finalized

Stipulation and Proposal for Settlement was filed with the Board

on January 7, 1975. This document disposes of all issues raised

in the complaint and is presented to the Board pursuant to Rule 333

of the Board’s Procedural Rules.

Respondent J & S admits to ownership and operation of the

facility in question at all times pertinent in this cause

(Stipulation 1). Stipulation 2 denies ownership or operation

of the facility by Respondent Armstrong. The facility included

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prior to June 22, 1974, five printing and coating lines; since

June 22, 1975 the facility included four printing and coating

lines, each of which is capable of emitting gaseous matter to

the atmosphere. J & S admits that as alleged in the Complaint,

it operated the facility from January 1, 1974 to July 25, 1975 without

first obtaining the operating permits required by Rule 103(b) (2).

The violation is clearly admitted.

Stipulations 11-13 present numerous factors which tend

to mitigate the violations. J & S was issued operating permits

for each printing and coating line for various times prior to

these violations. Further, J & S has by this time obtained or

applied for all required permits. The Board, considering all

of these factors, finds that the proposed $2,500.00 penalty is

appropriate, and adequate. Other terms of this settlement

proposal required J & S to take certain actions prior to the

date of this Order. Although such actions were to already

have been completed, the Board’s approval of the Stipulation

and Proposal for Settlement necessarily incorporates all

Terms of Settlement into this Opinion and Order.

ORDER

1. The Board hereby approves, in all respects, the

Stipulation and Proposal for Settlement entered into by

Respondents J & S Tin Mill Products Company, Inc., Armstrong

Containers, Inc., and Complainant Environmental Protection

Agency.

a. The Board hereby finds Respondent 3 & S Tin

Mill Products Company, Inc., to have violated Section 9(b)

of the Act and Rule 103(b) (2) of the Board’s Air Pollution

Control Regulations.

b. Respondent 3 & S Tin Mill Products Company, Inc.

shall pay, as a penalty for the above violations, the sum

of $2,500.00 to the State of Illinois. Payment shall be

made by certified check or money order, within 35 days

of receipt of this Order, to:

Control Program Coordinator

Division of Air Pollution Control

Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois 62706

2. That portion of the Complaint which pertains to Respondent

Armstrong Containers, Inc. is hereby dismissed.

IT IS SO

ORDERED.

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

Board, hereby certify the above Opinion and Order were adopted on the

j&j~day of February, 1976 by a vote of ________________________

Illinois Pollutioi

Board

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