ILLINOIS POLLUTION CONTROL BOARD
    July 31, 1986
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 86—55
    ACME BARREL COMPANY, an
    Illinois corporation,
    Respondent.
    MR. JOSEPH J. ANNUNZIO, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT.
    ROOKS, PITTS & POUST (MS. JERYL DEZELICK, OF COUNSEL), APPEARED
    ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by J. D. Dumelle):
    This matter comes before the Board on a two—count Complaint
    filed on April 18, 1986 by the Illinois Environmental Protection
    Agency (Agency).
    Count I of the Complaint alleged that the Respondent failed
    to maintain its drum incinerator temperature monitoring system in
    working condition and failed to adhere to the minimum afterburner
    operating temperature requirements of its Operating Permit in
    violation of 35 Ill. Adm. Code 201.281(a) and Sections 9(a)
    and 9(b) of the Illinois Environmental Protection Act (Act).
    Count II alleged that the Respondent caused or allowed emis-
    sions from its drum incinerator stack to exceed 30 percent
    opacity on July 17, 1985 in violation of 35 Ill. Adm.
    Code 212.123(a) and Section 9(a) of the Act.
    The parties filed a Stipulation and Proposal for Settlement
    on June 12, 1986 and a hearing was held on June 13, 1986, at
    which one member of the public was present. (R. 4—5).
    The Respondent, the Acme Barrel Company (Acme), is an
    Illinois corporation which is in the business of recycling steel
    drums and barrels at its drum reconditioning plant which is
    located at 2300 West 13th Street in Chicago, Cook County,
    Illinois. (Stip. 2).
    Pursuant to its plant’s Operating Permit, which was issued
    by the Agency on September 7, 1984, the Respondent is authorized
    to operate various pieces of equipment, including “two drum
    71-405

    —2—
    incinerators (used one at a time) with the afterburner.”
    (Stip. 2). Moreover, Special Condition 1 of its Operating Permit
    provides that:
    “1. The operating temperature setting on the
    drum oxidizer and afterburner shall be
    maintained at the following levels at all
    times when drums are being incinerated:
    Primary chamber
    1200 degrees Fahrenheit
    Secondary chamber 1200 degrees Fahrenheit
    Afterburner
    1600 degrees Fahrenheit”
    (Stip. 2).
    On July 17, 1985, an Agency inspection revealed that the
    Respondent’s drum incinerator “temperature monitoring system was
    inoperative and that the afterburner temperature was not being
    maintained at 1600 degrees Fahrenheit” as required by Special
    Condition 1 of Acme’s Operating Permit. (Stip. 2—3).
    Additionally, during the Agency inspector’s July 17, 1985
    visit to the Respondent’s facility, visible emissions from Acme’s
    drum incinerator stack were observed to have an opacity of 100
    during a specific time period of approximately 20 minutes in
    which the inspector’s visible emission observations were
    recorded. (Stip. 3).
    Although the Respondent has admitted that the aforementioned
    violations did, in fact, occur, the Acme Barrel Company has
    indicated that mitigating circumstances existed in that:
    On July 17, 1985, the drum incinerator
    temperature monitoring system failed because
    internal brickwork in the afterburner col-
    lapsed and fell on the thermocouple used for
    sensing afterburner temperatures. The incin-
    erator is presently equipped with a ‘fail
    safe’ mechanism which, in the event of thermo-
    couple failure, forces the afterburner control
    motors to low—fire condition. However,
    because the then—existing equipment was
    incapable of notifying operating personnel of
    the thermocouple malfunction, Acme personnel
    continued to feed drums into the incinerator
    even though a low—fire condition existed.
    Immediately upon discovering that the
    thermocouple controlling and recording the
    afterburner temperature had been damaged, the
    operation was shut down and repairs
    71-406

    —3—
    initiated. A replacement thermocouple was
    installed by July 18, 1985, and refractory
    repairs were performed on July 20—21, 1985.”
    (Stip. 3—4).
    Similarly, the Respondent has contended in mitigation that
    the excessive emissions from its drum incinerator stack which
    were observed by the Agency inspector on July 17, 1985 were the
    result of a one—time, nonreccurring incident resulting from a
    temporary breakdown in the drum incinerator temperature
    monitoring system which was expeditiously repaired and
    rectified. (Stip. 4). Although Acme has admitted that the
    alleged violations did, in fact, occur, the company believes that
    the aforementioned extenuating circumstances pertaining to the
    temporary breakdown of its temperature monitoring equipment are
    relevant to a proper understanding of the situation involved in
    the instant case.
    Furthermore, the Respondent expects that it will avoid any
    similar problems with potential thermocouple failures in the
    future because of its purchase of a “fail safe” alarm switch from
    the Barber—Colinan Company. It is indicated that “upon failure of
    the thermocouple, an alarm horn will sound and a relay will
    extinguish a green light which presently notifies Acme employees
    that it is permissible to feed drums into the incinerator.”
    (Stip. 4).
    The approximate compliance schedule that was followed by the
    Respondent is as follows:
    Date
    Action Taken
    July 18, 1985
    Replaced broken thermocouple.
    July 20—21, 1985
    Repaired afterburner brickwork.
    July 23, 1985
    Contacted consulting engineer for review
    of the conditions
    and to discuss
    pos-
    sible solutions.
    August 5, 1985
    Consulting engineer visited the
    Respondent’s plant to review physical
    conditions
    and to discuss alternative
    methods
    for making the
    system more
    reliable.
    August 6, 1985
    Consulting engineer contacted Barber—
    Colman Ccxnpany
    to discuss alternative
    techniques that can be used in the
    installation of a “fail safe” alarm
    system.
    71-407

    —4—
    August 12, 1985
    Meeting at the Illinois EPA
    office in
    Maywood to review the alleged non-
    coirpliance and
    to discuss with the
    Agency personnel the tentative
    a~roaches for resolving the problem.
    August 13, 1985
    “Fail safe” signal switch ordered from
    Barber—Colman.
    August 25, 1985
    The circuit diagram from Barber—Colman
    was made available to the company
    electricians for wiring in of the relay
    circuit and the alarm circuit.
    September 24, 1985
    Shipping date from Barber—Colman for the
    switch.
    September 27, 1985
    Receipt of the switch.
    October 2, 1985
    -
    Installation
    carried
    out by Barber-
    Colinan technician and proven out.
    October 18, 1985
    -
    Report on operating conditions and check
    out of the thermocouple “fail safe”
    switch.
    (Stip. 6).
    The proposed settlement agreement provided that the
    Respondent admitted the violations alleged in the Complaint and
    agreed to: (1) cease and desist from further violations;
    (2) abide by all the terms and conditions of the Operating Permit
    issued by the Agency for its Chicago facility at 2300 West 13th
    Street; (3) follow an agreed—upon compliance plan and schedule to
    remedy the violations which led to the filing of the Complaint by
    the Agency, and (4) pay a stipulated penalty of $700.00 into the
    Environmental Protection Trust Fund within 30 days of the date of
    the Board’s Order. (Stip. 5—7).
    In evaluating this enforcement action and proposed settle-
    ment agreement, the Board has taken into consideration all the
    facts and circumstances in light of the specific criteria
    delineated in Section 33(c) of the Act and finds the settlement
    agreement’ acceptable under 35 Ill. Adxn. Code 103.180.
    The Board finds that the Respondent, the Acme Barrel
    Company, has violated 35 Ill. Adm. Code 201.281(a) and 35 Ill.
    Adni. Code 212.123(a) and Sections 9(a) and 9(b) of the Act as
    admitted in the Stipulation. The Respondent will be ordered to
    cease and desist from further violations and to pay a stipulated
    penalty of $700.00 into the Environmental Protection Trust Fund.
    71-408

    —5—
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It is the Order of the Illinois Pollution Control Board
    that:
    1. As admitted in the Stipulation, the
    Respondent, the Acme Barrel Company, has
    violated 35 Ill. Adni. Code 201.281(a) and
    35 Ill. Adni. Code 212.123(a) and
    Sections 9(a) and 9(b) of the Illinois
    Environmental Protection Act.
    2. The Respondent shall cease and desist
    from all further violations.
    3. Within 30 days of the date of this Order,
    the Respondent shall, by certified check
    or money order payable to the State of
    Illinois and designated for deposit into
    the Environmental Protection Trust Fund,
    pay the stipulated penalty of $700.00
    which is to be sent to:
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois 62706
    4. The Respondent shall comply with all the
    terms and conditions of the Stipulation
    and Proposal for Settlement filed on
    June 12, 1986, which is incorporated by
    reference as if fully set forth herein.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer dissented. Board Member
    Dr. John C. Marlin concurred.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cert&,fy that the above Opinion and Order was
    adopted on the
    ~‘~‘~°-~
    day of ______________________,
    1986 by a
    vote of
    ~/-,
    /
    ~j
    “~
    borothy
    M. Gtlnn, Clerk
    Illinois Pollution Control Board
    71-409

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