ILLINOIS POLLUTION CONTROL BOARD
January
B
,
1976
PEOPLE OF THE STATE OF ILLINOIS
)
and ENVIRONMENTAL PROTECTION AGENCY,
Complainants,
V.
)
PCB 74—373
HARCO ALUMINUM,
INC.,
an Illinois
corporation,
Respondent.
Jeffrey
S. Herndon, Assistant Attorney General, Attorney for
Complainants
Norman Hanflinq,
Fein
& Hanfling, Attorney for Respondent
OPINION AND ORDER OF THE BOARD
(by Mr. Young):
This case arises
out
of
a Complaint, filed
by the People
of the State
of Illinois
(People) on October 16, 1974 and amended
to include the Environmental Protection Agency
as
a Complainant
on December
5, 1974.
The Amended Complaint alleges that Respondent,
Harco Aluminum,
Inc.,
an Illinois corporation
(Harco),
owned and
operated an aluminum alloy smelting and reclamation facility at
4528 West Division Street, Chicago,Cook County,
Illinois from
February 15,
1973 through December
5,
1974 which discharged particu-
late matter into the atmosphere in such
a manner and in such quantity
to cause a violation of Section 9(a) of the Environmental Protection
Act
(Act);
Rule
202(b)
and Rule 203(b)
of the Air Pollution Regu-
lations
(Chapter 2);
and Rule 3-3.111 of the Rules and Regulations
Governing the Control of Air Pollution.
A hearing was held on November
25, 1975 at which time a Stipu-
lation and Proposed Settlement
(Stipulation) was entered into the
record.
No additional evidence was adduced at the hearing; no
members of the public were present.
Motion was made to allow with-
drawal of the original Stipulation for execution by the Agency;
the
fully executed Stipulation was filed with the Board on December 4,
1975.
The source of the emissions which gave rise to this action are
four reverberatory furnaces and one sweat furnace which are used
by
Harco to process scrap aluminum for reuse by others.
An average of
3,117,650 pounds of scrap was processed during the six months ending
in August 1974.
19—539
—2—
At the date of the hearing,
Ifarco was completing installation
of
a scrubber system which will bring the facility into compliance
with the applicable sections of the Act and Chapter
2.
Harco admits emission of smoke and odors on several occasions
which caused discomfort
to some residents
in the vicinity of their
facility but offer in mitigation that excess particulate matter and
smoke were emitted as
a result of equipment failure,
impurities
,in
the scrap which were not ascertainable until melting began and delays
in the installation of the scrubber system which would have eliminated
the violations
(Stip.
p.
5)
The parties further agree to payment of $6000.00
in satisfaction
of the violations found;
and Harco agrees to cease and desist from
further violations;
to take steps
to properly maintain the scrubber
system to provide maximum efficiency
in operation and to keep mainte-
nance records
of the systam.
In this case the violations are admitted and the Stipulation
and Proposed Settlement
filed complies with the requirements of our
Procedural Rule 333 for settlement
(EPA v. City of Marion,
1 PCB 591).
On the basis of the foregoing and the Stipulation and Proposed
Settlement, which constitute the entire record
in this matter,
we
find that Harco did violate the Act and Regulations as charged in
the Complaint by causing or allowing the emission of smoke or other
particulate matter into the atmosphere with opacity greater than
30
and in excess of the allowable emission rates for the periods alleged
in violation of Rules
202(b)
and 203(b)
of Chapter
2,
of
Rule 3-3.111
of the Air Rules, and of Section 9(a)
of the Act.
A penalty of
$6000.00 is assessed for these violations.
This Opinion constitutes the Board’s findings of fact and cop-
clusions of law in this matter.
ORDER
1.
Respondent, Harco Aluminum,
Inc.,
is
found to have operated
its facilities
in violation of Section 9(a)
of the Environmental Pro-
tection Act, Rule
3-3.111 of the Rules and Regulations Governing
the Control of Air Pollution,
and Rules
202(b)
and 203(b) of the
Air Pollution Regulations and shall pay a penalty of $6000.00 for
such violations.
Penalty payment by certified check or money order
payable to the State of Illinois within
30 days of this Order
to:
Control Program Coordinator,
Division of Air Pollution Control,
Illinois Environmental Protection Agency,
2200 Churchill Road,
Springfield,
Illinois,
62706.
2.
Respondent,
Harco Aluminum,
Inc., shall cease and desist
from further violations of the Environmental Protection Act or
Board Regulations.
19— 540
—3—
3.
Respondent,
Harco Aluminum, Inc.,
shall ensure that the
air pollution control scrubber system installed at its facilities
is properly maintained
to provide maximum efficiency
in
operations
and shall keep maintenance records
of said systems.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution Con-
trol Board, hereby certify the above Opinion and Order were
adopted on the
________
day of _______________________, 1976
by a vote of
~
Christan L. Moffetiiy~lerk
Illinois Pollution c~bf~trolBoard
19—541