ILLINOIS POLLUTION CONTROL BOARD
May 20, 1976
ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
V.
)
PCB 75—437
ELGIN SALVAGE & SUPPLY CO., INC.,
Respondent.
OPINION AND ORDER OF THE BOARD (by Mr. Zeitlin):
This matter is before the Board on a Complaint filed by the
Environmental Protection Agency (Agency) on November 10, 1975,
alleging that Respondent Elgin Salvage
&
Supply Co., Inc. (Elgin)
operated both existing and new emission sources without operating
permits from the Agency, in violation of §9(b) of the Environmental
Protection Act (Act) and Rules 103(b) (1) and 103(b) (2) of Chapter 2:
Air Pollution, of the Pollution Control Board Rules and Regulations.
Ill. Rev. Stat., Ch. 111—1/2, §1009(b) (1975); PCB Regs., Ch. 2,
Rules 103 (b) (1)
,
103 (b) (2) (1972)
A hearing was held on January 9, 1976 in the City of Elgin,
Illinois, at which time the parties stated their intent to file a
Stipulation and Proposal for Settlement (Stipulation). The Stipu-
lation was filed February 9, 1976, but was rejected by the Board in
an Interim Order entered April 8, 1976. Communications filed by
the Agency on April 16, 1976 and by Elgin on May 3, 1976 resolved
the problems in the Stipulation, which forms the basis for this
Opinion and Order.
Elgin has operated its facility for the purchase and sale of
industrial iron and steel, and metal salvage, in the City of Elgin
since 1933. Among its operations Elgin has an incinerator for the
reclamation of copper wire by burning off the insulation. This
“wire reclaimer and incinerator” was installed in 1971 under an
Agency construction permit. Although various correspondence on the
subject was exchanged between Elgin and the Agency, (Stip. Ex. 1-7),
Elgin did not apply for an operating permit until July 14, 1975.
That application was rejected as insufficient on July 25, 1975,
(Stip. Ex. 8).
Elgin now stipulates to violation of §9(b) of the Act and Rule
103(b) (2) of Chapter 2: Air Pollution and, by way of settlement,
has agreed to install a new model incinerator at a cost of $3,000,
and to pay a civil penalty of $2,000. We find this Stipulation
acceptable as an adequate aid to the enforcement of the Act. The
terms of settlement under which Elgin is purchasing and installing
new equipment acceptable to the Agency, and will pay a penalty,
adequately protect the integrity of the permit system.
21 —429
—2—
The Stipulation does not, however, address the allegation in
the Complaint that Elgin also violated Rule 103(b) (1) of Chapter 2:
Air Pollution, by operating a “refuse incinerator” constituting a
new emission source. That allegation shall therefore be dismissed.
This Opinion constitutes the findings of fact and conclusions
of law of the Board in this matter.
ORDER
IT IS THE ORDER OF THE POLLUTION CONTROL BOARD that:
1. Respondent Elgin Salvage & Supply Co.,
Inc. is found to have operated its wire reclaimer
and incinerator without an operating permit from the
Agency from December 1, 1972 until November 10, 1975,
in violation of Section 9(b) of the Environmental
Protection Act and Rule 103(b)
(2)
of Chapter
2:
Air
Pollution, of the Pollution Control Board Rules and
Regulations.
2. Respondent shall pay as a penalty for the
above violations the sum of Two Thousand Dollars
($2,000), payment to be made within thirty—five (35)
days of the date of this Order to:
State of Illinois
Environmental Protection Agency
Division of Air Pollution Control
Control Program Coordinator
2200 Churchill Road
Springfield, Illinois 62706
3. Respondent shall, upon installation of its
new incinerator or within 120 days of the date of this
Order, whichever is sooner, file for an operating permit
with the Environmental Protection Agency, and shall in
all other ways comply with Paragraph B of the Terms of
Settlement of the Stipulation and Proposal for Settlement
submitted by the parties in this action.
4. Allegations in paragraphs 9 and 10 of the
Complaint in this matter of violation of Rule 103(b) (1)
of Chapter 2: Air Pollution, are dismissed.
21—430
—3—
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, her~bycertify the above Opinion and Order weçe
adopted on the
~p
~ day of
,
1976, by a vote of ~
Illinois Pollution
rol Board
21—431