ILLINOIS POLLUTION CONTROL BOARD
    February 14,
    1973
    ENVIRONMENTAL PROTECTION AGENCY
    #72-160
    v.
    KALUZNY BROS.,
    INC.,
    a corporation
    )
    NICHOLAS G. DOZORYST II, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF ENVIRONMENTAL PROTECTION AGENCY
    JOHN J. McGARRY,
    OF DUNN,
    STEFANICH, McGARRY
    & KENNEDY, APPEARED
    ON BEHALF OF KALUZNY BROTHERS,
    INC.
    OPINION AND ORDER OF THE BOARD
    (BY SAMUEL T.
    LAWTON,
    JR.):
    Complaint was filed against Respondent,
    owner and operator of
    a facility for the inedible rendering of animal scrap, bone and
    grease,
    located on Mound Road in the City of Joliet.
    The complaint
    alleges that since July
    1,
    1970, Respondent operated the facility
    so as to cause air pollution,
    in violation of Section
    9(a)
    of the
    Environmental Protection Act and that on or about January
    8,
    1972,
    Respondent installed a new shell and tube condenser having 977
    square feet of surface area, which equipment was capable of causing
    air pollution,
    or was designed to prevent it, and was new equipment
    as defined in the relevant Regulation.
    The Agency alleges that the installation aforesaid was done
    without a permit and violated Rule 3-2.110 of the Rules and Regula-
    tions Governing the Control of Air Pollution and Section 9(b) of
    the Act.
    Answer was filed by the Respondent admitting the operation
    of the facility, but denying the causing of air pollution or the
    violation of the Regulation requiring the obtaining of a permit for
    the installation made.
    Hearing was held on the complaint and answer on November 27,
    1972 in Joliet.
    We find the Respondent to have caused air pollution
    and to have made the condenser installation without the necessary
    permit.
    We assess a penalty in the amount of $2,000
    for the vio-
    lations found, direct Respondent to cease and desist the violations
    of the relevant Rules and statutory provisions, and further direct
    the submission of a plan to assure the abatement of odors within
    60
    days from the date of this Opinion.
    7
    79

    There is no major disagreement on the facts of the case.
    Respondent’s operation consists of the rendering of meat scraps
    and bones
    in the manner characteristic of operations of this
    kind.
    The raw material is ground in
    a large grinder and then placed in
    three enclosed cookers located inside the plant.
    Gases and vapors
    from the cooking process are vented to
    a shell and tube condenser
    where the condensable gases are condensed to water and disposed of
    in the plant’s sewage system.
    The non—condensable gases are then
    drawn from the top of the condenser by a vacuum pump and a chlorine
    solution injected to eliminate the odor by oxidation.
    The non-
    condensable materials are then pumped to the bottom of a six—foot
    tank and diffused through six feet of water.
    The condenser itself
    is a cylindrical shell containing a substantial number of tubes
    through which the steam and vapor to be condensed passes.
    The
    exterior of the tubes
    is cooled by water which causes the condensa-
    tio,n and ultimate disposal
    to
    the sewer system.
    Measurement of the
    size of the condenser is
    in the square footage of the tubes involved.
    In 1966,
    a tube condenser was installed containing approximately
    550 square feet of condensing surface.
    In the summer of 1971,
    this unit ceased to operate adequately as
    a consequence of lime
    deposit forming on the tubes of the condenser due to the hardness
    of the water.
    The formation of the deposit prevented the cooling
    water from coming in contact with the tubes and, accordingly, the
    cooling effect of the water was nullified and the steam was not
    condensed into liquid form.
    A new condenser was purchased having
    approximately 975 square feet of surface area.
    New heads were
    fabricated to enable installation of this unit.
    Subsequent to in-
    stallation of the new condenser and as a consequence of inspection
    made by Agency personnel,
    the Agency advised the Respondent that
    a permit would be needed in that the Agency construed the new con-
    denser as
    “new equipment” and one that either caused or abated air
    pollution necessitating compliance with Rule 3-2.110.
    Application
    was made to the Agency, but denied, the Agency permit personnel ad-
    vising Respondent that it would not approve the installation without
    the addition of an afterburner.
    Evidently,
    the Respondent made no
    further effort to pursue the matter of permits, but withdrew the
    application in the belief that the new condenser was not “new equip-
    ment” as defined in the Regulations, and that accordingly,
    no permit
    was needed for the installation.
    We believe the Respondent clearly wrong in its interpretation
    of the Regulations and hold that the new condenser was new equipment
    as defined in the Act and requires the appropriate permit.
    Rule
    3—2.110 provides;
    “A. permit shall be required from the Technical Secretary
    for installation or construction of new equipment capa-
    ble of emitting air contaminants to the atmosphere and
    any new equipment intended for eliminating, reducing or
    controlling emission of air contaminants.”
    —2—
    7—80

    New equipment is defined as
    follows:
    “a.
    Equipment,
    the design of which was less than 50
    completed on April
    15,
    1967.
    b.
    Equipment which
    is altered or modified such
    that
    the amount of air contaminant emissions
    is increased
    15
    or more.”
    Respondent advances three theories under which it would not be
    covered by the above Regulations.
    It contends first that with
    respect to definition
    (b)
    the modification does not increase air
    contaminant emissions
    15
    or more.
    While this may
    be
    true,
    it
    loses sight of the other definition of new equipment, which
    is
    equipment less than 50
    completed on April
    15,
    1967.
    Next,
    Rc~pon—
    dent contends that this
    is not a replacement of new equipment but
    rather maintenance of existing equipment,
    and lastly,
    that the
    totality of the equipment involved,narnely,the cooker,condenser,
    vacuum pump,injecter of chlorine solrtion and bubbling devices,
    all constitute
    the”equipment.” We cani ~t accept these theories.
    Were we to do so,
    the totality of all ~
    ‘ipment in any plant would
    be considered as a single piece of equi~
    ~t and no installation
    with respect to any portion
    of
    it, wouli
    ‘onstitute the installation
    of new equipment.
    While all elements are interrelated, we believe that the new
    condenser
    is of
    a sufficient importarn’e and magnitude to be consi-
    dered separately,
    and, accordingly,
    view it
    as a single integrated
    piece of equipment.
    The increase in size over the previous unit,
    its special construction and the need for special fittings
    to adapt
    it, all lend support to this view. Accordingly, we find that the new
    condenser
    is new equipment for which a permit is needed under the
    relevant provisions of the Rules and the Act.
    We further find that the action of the Agency in denying the
    permit because of the absence of an afterburner, was valid.
    Undis-
    puted testimony brought out at the hearing indicates that even when
    the condenser is operating properly,
    it achieves only
    a 50
    reduction
    in odors, whereas with the presence of an afterburner,
    99
    efficiency
    can be achieved. (R.
    52—61)
    Section
    39 of the Envirox?mental Protection Act mandates the
    Agency to issue a permit
    onl~j’when there is proof
    by; the applicant
    that the facility involved will not cause violation of the Act or
    the Regulations thereunder.
    It was well within the province of the
    Agency to make a determination that the condenser alone was not
    adequate to prevent air pollution as, indeed, the facts of this
    case evidence.
    —3—
    7—81

    Further,
    it was not incumbent upon the Respondent to make a
    unilateral determination that the permit was not needed or that
    the conditions were improper.
    If conditions had been imposed
    which the Respondent felt unwarranted, appeals should have been taken
    to this Board in an appropriate procedure.
    Respondent acts at its
    own risk when it proceeds on the assumption that no permit was neces-
    sary.
    We shall direct Respondent to obtain the necessary permits
    for
    the operation of its air pollution abatement equipment and hold
    it to have been in violation for failing to have done so in the
    past.
    The evidence likewise supports the allegations with respect
    to the causing of air pollution.
    Respondent’s operation
    is con-
    ducted in a highly industrialized area.
    It processes approximately
    one million pounds of material a week collected from supermarkets,
    locker rooms, residences and slaughterhouses.
    The end products
    of the operation are tallow, grease and solid protein.
    In the
    immediate vicinity of the Respondent’s operation are the Johns-
    Manville Company, Caterpillar Tractor,
    a large chemical plant and
    an electrical generating station of Commonwealth Edison.
    Also in
    the vicinity of Respondent’s operation are five garbage dumps,
    three
    blacktop companies,
    a brickyard and a
    tire re-capping facility. (R158,Rs.X1)
    Notwithstanding the foregoing competitive odor-producing enterprises
    in the vicinity of Respondent’s plant,
    it is evident from the record
    that Respondent’s odor emissions are detectable, burdensome and
    constitute air pollution as defined in the statute.
    Howard Martinson of the Joliet Police Department equated the
    odor to that of a person who had been burned to death
    (R.
    5). He
    identified the plant as the source of the odor,
    determined by inspec-
    tion.
    His home is located north-northeast of Respondent’s plant
    and the odors were most noticeable during periods of high humidity
    and when the wind direction was from south to north.
    Odors were more
    predominant during summer months and particularly noticeable during
    evening hours.
    Odors were detected during the summer of 1972, pre-
    cluding the use of the witness’ yard during the evening periods.
    While odors from other sources were occasionally detected,
    this
    witness was able to distinguish the odor emanating from Respondent’s
    plant.
    Joseph Pillion testified that he lived north and slightly east
    of Respondent’s plant and that the odor he experienced was similar
    to that of the cooking of rancid meat.
    He likewise had the ability
    to
    detect
    the
    Respondent’s
    odors
    from
    other
    industries
    in
    the
    area
    such
    as
    the
    odors
    from
    the
    chemical
    and
    power
    plants
    and
    the
    nearby
    garbage
    dumps.
    The
    odor
    was
    particularly
    noticeable
    when
    the
    wind
    blew
    from
    the
    south
    and
    southwest.
    Odors
    were
    experienced
    during
    both
    1971
    and
    1972,
    particularly
    in
    the
    summers,
    during
    periods
    of
    high
    humidity
    and
    most
    often
    in
    the
    evenings.
    The
    odor
    affected
    his
    ability
    to
    sleep
    with
    open
    windows,
    and
    on
    some
    occasions,
    forced.
    him
    to
    leave
    his
    home
    and
    was
    a
    source
    of
    embarrassment when he enter-
    tained company
    CR.
    20),
    —4—
    7
    82

    Dorothy Piunti testified that the odor she experienced was simi-
    lar to the cooking of spoiled pork.
    She lives approximately two miles
    north and east of the Respondent’s facility and could distinguish the
    odors caused by Respondent from those emanating from other sources in
    the area.
    She experienced odors ranging from the spring of 1971
    to the
    fall of 1972.
    As with previous witnesses,
    she testified that the
    odors were most noticeable during warm weather, during periods of high
    humidity during evening hours and when the wind was blowing from the
    south or southwest.
    She testified that the odor precluded use of
    her yard for outdoor activities and that the odor permeated her home.
    She stated that the odor had caused her nausea and headaches
    (R.32).
    Robert L. Murray, Director of the Will County Health Department,
    testified to his experience in.endeavoring to locate the source of
    odor complaints during September of 1971 and tracing it to Respondent’s
    operation
    (R.32).
    Steven Rosenthal,
    an Engineer of the Environmental Protection Agency,
    testified that his in-plant inspection
    indicated
    that
    the
    venting
    of
    non-condensible gases
    into the atmosphere produced a major source of
    odor.
    His inspection indicated that major sources of odor from Respon-
    dent’s operation were inadequate control of gases from
    cooking
    odors,
    emissions from screw processes,and from the perforated pans which re-
    ceived materials from the cookers,
    and poor housekeeping as a result of
    which material was collected on the floor and elsewhere
    (R.
    50).
    He
    testified that no more than a 50
    odor abatement efficiency could be
    expected from the use of the condenser alone and that scrubbing equip-
    ment
    or
    afterburners
    were
    necessary
    to
    achieve
    odor
    reduction
    efficiencies
    between
    95
    and
    99.
    (R.52-64).
    Sharon
    Sherrell,
    a
    witness introduced by complainant, while not re-
    futing the emission of odors from Respondent’s
    facility, stated that
    other sources of odors were equally or more objectionable.
    Wilbur Dronen,
    Personnel Services Manager of Caterpillar Tractor Company,
    testified to
    complaints he had received as a result of Respondent’s operation and
    odor emissions
    (R.
    102).
    Fred D.
    Bennett, while testifying that the emissions of Respondent
    were “just good, healthy odors”
    (R.
    120) sold Respondent the land on
    which the plant is built and still owns property in the vicinity of the
    plant
    (R.
    117).
    Charles
    E.
    Lowe,
    an inspector of rendering plants for
    the Illinois Department of Agriculture, testified that Respondent’s
    housekeeping operations were highly satisfactory and that,
    in his judge-
    ment,
    there was no odor problem
    (R.
    146)
    .
    He had been in the rendering
    business for 30 years prior to his present employment
    (R.
    148)
    We believe the Agency has adequately proven its case both as to
    the need for a permit for the installation of the condenser and
    the causing of air pollution as defined in the Act.
    We find Respon-
    dent to have violated Rule 3-2.110 of the Rules and Regulations
    Governing the Control of Air Pollution and Section
    9(b)
    of the
    Environmental Protection Act, both of which require the obtaining
    —5—
    7
    83

    of
    a
    permit
    from
    the
    Agency
    for
    the
    installation
    of
    new
    equipment,
    contributing
    to
    or
    designed
    to
    prevent
    air
    pollution.
    We
    find
    that
    the
    new
    condenser
    installed
    is
    new
    equipment
    within
    the
    purview
    of the relevant Regulation.
    We
    further
    find
    that
    Respondent’s
    operation has caused air pollution as defined in the Act in that the
    emissions
    found have unreasonably interfered with the enjoyment of
    life of the persons residing in the vicinity of the plant and con-
    stitute
    a violation of Section
    9 (a)
    .
    We find this notwithstanding
    the presence of other odors which undoubtedly have a similar effect
    on the community.
    A 9(a) violation is sufficiently established if
    the contaminants
    emitted, either alone or in combination with other
    sources,
    create this result.
    We direct the Respondent to cease and desist its odor emissions
    and to obtain
    a permit for the operation of its odor abatement
    facilities.
    We impose
    a penalty in the amount of
    $2,000 for the
    violations
    of
    the
    Act
    and
    Regulations
    found
    to
    have
    been
    committed
    as
    set
    forth
    above.
    This
    opinion
    constitutes
    the
    findings
    of
    fact
    and
    conclusions
    of
    law of the Board.
    Mr. Dumelle will file a separate concurring opinion.
    IT
    IS THE ORDER of the Pollution Control Board:
    1.
    Penalty
    in the amount of
    $2,000
    is assessed against Kaluzny
    Bros.,
    Inc. for violation of Rule 3-2.110 of the Rules and Regulations
    Governing
    the
    Control
    of
    Air
    Pollution
    and
    Section
    9(b)
    of
    the
    Environ-
    mental Protection Act in failing to obtain a permit for the installa-
    tion of
    its condenser and for causing air pollution in violation of
    Section
    9(a)
    of the Act.
    Penalty payment by certified check or
    money order payable
    to the State of Illinois shall be made to:
    Fiscal Services Division, Illinois Environmental Protection Agency,
    2200 Churchill Drive, Springfield,
    Illinois
    62706.
    2.
    Within 60 days from the date of this
    order, Respondent shall
    cease and desist the causing of odor emissions so as to cause air
    pollution as defined in the Environmental Protection Act and shall,
    prior to said date,
    apply for a permit for the operation
    of
    its
    odor
    abatement
    equipment
    including
    the
    condenser
    heretofore
    installed.
    I, Christan Moffett, Clerk of the Illinois Pollution Control
    Boa,rd,
    certify that the above Opinion and Order was adopted on the
    ~4~\
    day of February,
    1973,
    by a vote of
    3
    to
    ~
    *
    7
    84

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