ILLINOIS POLLUTION CONTROL BOARD

August 4, 1977

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

)

PCB 76—319

AMERICAN NATIOt~?ALBANK

AND

TRUST

COMPANY, atu Trust No. 8397

Respondent.

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

This matter comes before the Illinois Pollution Control Board

(Board) upon the December 16, 1976 Complaint filed by the Complai-

nant against Respondent American National Bank and Trust Company

atu Trust No. 8397 (American), charging a violation of Rule 103(b)

(2) of Chapter 2: Air Regulations and Section 9(b) of the Environ-

mental Protection Act (Act). A hearing was held on May 10, 1977

and the parties filed a Stipulation and Proposal for Settlement on

that same date.

American, as trustee, holds legal title to a tract of land

located at 700 West Bittersweet Place, Chicago, Cook County,

Illinois. This tract is improved with a double chamber apartment

building (building).

Located in the building is a multi-chamber

incinerator capable of emitting particulates in

the atmosphere

which was in operation on April 14, 1972,

Under Rule 103 (b) (2), operation of this incinerator after

April 1, 1973 requires an operating permit issued by the Environ-

mental Protection Agency (Agency). Without obtaining such permit,

this incinerator was operated on numerous occasions between April 1,

1973 and approximately December 16, 1976. Recent use of the incine-

rator became unnecessary when American entered into a contract with

City Waste Management Systems, Inc. to haul away and dispose of

garbage and refuse from the building which otherwise would have been

burned in the incinerator. However, the incinerator can be made

operational at any time.

---

American, in its stipulation, admits that it has operated the

incinerator between April 1, 1973 and approximately December 16, 1976

without

an operating permit from the Agency as required by Rule 103

(b) (2) of

Chapter 2: Air Regulations and therefore is in violation

of Section 9(b) of the Act.

American has agreed to continue to have the refuse and garbage

from

the building hauled away and disposed of so that the

incinerator

will not

be

operated~ Further, Respondent agrees to disable the

incinerator

so that any further operation is not possible.

The

Board

accepts the stipulation and

settlement of the parties,

and finds

Respondent in violation of Section 9(b) of the

Act. The

Board has considered the requirements of

Section

33(c) of the Act in

reaching this

decision. The sole injury to, or interference with

the protection4

of the health, general welfare, and

physical property

of the People

consists of particulate emissions from the incinerator.

The building has

social and economic value as a

housing resource, and

the building is

suitable for the area in which it is

located.

Finally,

hauling away and disposing of the garbage and refuse from

the building

is a technologically practicable and

economically rea~on-

able means

of

controlling the discharges from this

pollution source.

Based on these

criteria, the Board finds that the imposition of a

money penalty is

not justified here since a

penalty would not aid in

the enforcement

of the Act.

This Opinion

constitutes the findings of

fact and conclusions

of law of the Board.

ORDER

It

is the Order of the Pollution Control

Board that:

1. American

National Bank and Trust Company atu Trust

No.

8397

is in violation of Rule 103(b) (2) of Chapter 2:

Air

Regulations and therefore is in violation

of Section

9(b) of the

Environmental Protection Act.

2. American

shall continue to have the

garbage and refuse

from the building

hauled away and

disposed of rather than

burned in

its incinerator~,

3, American

shall disable the incinerator

from future use

on or before

June 30, 1977 by tack welding

the incinerator

door shut and

disconnecting gas and electrical

lines to the

incinerator.

Mr. Dumelle

concurs~

---

—3—

I, Christan

L. Moffett, Clerk of the Illinois Pollution

Control

Board,

hereby certify the abo e ‘)pinion and Order were dopted on

the

44”~

day of~~k,

1977 by a vote of