ILLINOIS

POLLUTION

CONTROL

BOARD

June

6, 1972

ENVIRONMENTAL

PROTECTION

AGENCY

v.

)

PCB

71-367

CONSOLIDATED FOODS

CORPORATION,

a corporation,

and HOLLYWOOD

BRANDS,

DIVISION OF

CONSOLIDATED FOODS

CORPORATION

William

J.

Scott,

Illinois

Attorney

General,

by

Wayne

Golomb,

Assistant

Attorney

General,

for the

Environmental

Protection

Agency

Russel

E.

Larson,

Executive

Vice

President,

for Consolidated

Foods

Corporation

etal

OPINION

AND ORDER

OF

THE

BOARD

(by

Mr.

Dumelle):

This

complaint,

filed

November

23,

1971,

charges

that

the respondents

have:

a)

failed

to implement

an approved

Air

Contaminant

Emission

Reduction

Program

and failed

to make

required

periodic

progress

reports,

in violation

of Rule

2-2.41

of the

Rules

and Regulations

Governing

the

Control

of Air Pollution;

and

b)

since

July 1,

1970,

caused,

allowed

and permitted

the

discharge

and

emission

of one or

more

contaminants

into the

environment

so as

to

cause

or

tend to cause

air

pollution

in Illinois,

either

alone or

in

combination

with contaminants

from

other

sources,

in violation

of

Section

9(a) of the

Environmental

Protection

Act;

and

c)

installed

and operated

said facilities

and

equipment since

approximately

September

15,

1970,

the

same being

capable

of,

and

in fact,

causing

air

pollution,

the

same

having been

installed

without

a permit

granted

by the

Agency,

in violation

of

Section

9(b)

of the

Act.

On

May

23,

1972,

the parties

entered

into

and

filed

a written

stipulation

wherein the

respondents

admitted

to

all

the

alleged

violations.

The

stipulation

indicates

that

the respondents~ original

intent

was

to

convert

their

boilers from

coal

to

gas

by

September,

1970.

However,

gas became

unavailable

and the plans

were modified.

The

stipulation further

indicates

4

—

651

---

that

the

respondents

did convert

their

boilers

from

coal

to oil

as

of

July

26,

1971,

and

that

their

failure

to

file

for

a permit

therefor

was

throug~iinadvertence.

The

stipulation

also

indicates

that

the

respondents

have

now

made

application

for

the

permit

to operate

the

oil-fired

boilers

and that

the

respondents

agree

to

take

all

measures

necessary

to

insure

the

proper

issuance

of

a

valid

operating

permit

in the

shortest

possible

time.

Inasmuch

as

the

respondents

have

admitted

to all

the

alleged

violations,

we

find

that

those

violations

did

in fact occur

as

alleged.

We further

find that

a penalty

of

$500

(Five

Hundred

Dollars)

would

be

appropriate

under

these

circumstances.

The

penalty

for

these

violations

would

normally

be greater

except

for

the

fact

that

the

respondents

have

already

dealt

with

the

emission

problem

by

making

the

conversion

and

have

already

made

application

for

their

permit.

Furthermore,

the

change

in plans

due to

the

unavailability

of gas

is

a mitigating

factor

to

be

considered.

This

opinion

constitutes

the

Boardts

findings

of fact

and

conclusions

of law.

WHEREFORE

it

is hereby

ordered:

A.

The

respondents

shall

take

all

measures

necessary

to

insure

the

proper

issuance

of

valid

operating

permit

for

their

boilers

in

the

shortest

possible

time;

and,

B.

The

respondents

shall

heretofore

make

all

periodic

progress

reports

as

required

by

Rule

107

of

the

Rules

and

Regulations

Governing

the

Control

of

Air

Pollution;

and,

C.

The

respondents

are

jointly

and

severally

liable

and

shall

pay

to the

State

of

Illinois,

on

or

before

July

1,

1972,

the

total

sum

of

Five

Hundred

Dollars

($500. 00)

as

a penalty

for

the

violations

found

in this

opinion.

A

certified

check

or

money

order

should

be

made

payable

to

the

State

of

Illinois

and

shall

be

sent

to

the

Environmental

Protection

Agency,

Fiscal

Services

Division,

2200

Churchill

Road,

Springfield,

Illinois

62706.

I,

Christan

L.

Moffett,

Clerk

of the

Illinois

Pollution

Control

Board,

hereby

certify

that

the

above

Opinion

and Order

was

adopted

by the

Board

on

the

~~‘kday

of

~

1972,

by

a vote

of

q’...

6

Christan

L.

Moffett,

Clerk

Illinois

Pollution

Control

Board

4

—