ILLINOIS POLLUTION CONTROL BOARD
    December
    2
    ,
    1976
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 75-62
    CITY OF CHICAGO,
    a municipal
    corporation,
    Respondent.
    Mr. Michael A. Benedetto, Assistant Attorney General, Attorney
    for Complainant
    Mr.
    Henry
    F. Weber, Assistant Corporation Counsel, Attorney
    for Respondent
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Young):
    This matter comes before the Board on
    a two count Complaint
    filed
    on February
    11,
    1975,
    by the Environmental Protection
    Acency charging that the City of Chicago owned and operated two
    coal fired boilers and two gas fired boilers without the requisite
    Agency operating permits
    in violation of Rule 103(b) (2)
    of Chapter
    2:
    Air Pollution Control Regulations
    (Rules)
    and in further
    violation of Section 9(b)
    of the Environmental Protection Act
    (Act).
    Three hearings were held in this matter with the first on December
    2,
    1975,
    and the last on March 12,
    1976.
    At this
    last hearing
    an
    Oral
    Stipulation
    of
    Fact
    was entered into the record
    by the
    parties.
    No
    agreement
    was
    reached
    in
    regards
    to
    either
    a
    monetary
    penalty
    or
    a
    program
    for
    compliance
    with
    the
    permit
    requirements,
    and neither oarty chose to submit arqument to the Board concerning
    this entire matter.
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    and two gas tired boilers
    at its Central Park Avenue
    Pumping
    Station
    without
    the
    requisite
    operating
    permits
    as
    alleged
    in
    Counts
    I
    and
    II
    of
    the
    Complaint
    (R.
    33).
    In
    1974
    this
    facility
    pumped
    50 billion gallons of water
    to approximately 600,000 per-
    sons
    living in Chicago and nearby suburbs
    (R.
    31)
    .
    The area
    surrounding
    this facility
    is largely industrial and commercial
    (R.
    31) with two hospitals located approximately 1.3 miles
    to the
    southwest
    (P.
    36).
    24
    301

    The City at one time operated five coal
    fired boilers
    as
    a power source at this facility.
    Since
    1969,
    the
    City has
    been enqaqed
    in the process of replacing these boilers with gas
    or oil fired substitutes
    (R.
    36)
    The changeover of Boiler
    No.
    1 was completed in 1971,
    and
    No.
    2 in 1972.
    The changeover of
    Boiler No.
    3 was resumed in late 1974,
    and the changeover
    in
    Boilers No.
    4 and No.
    5 should be completed by September,
    1976
    (R.
    37)
    .
    Without elaborating,
    the Stipulation provides that
    a
    2 1/2 year delay in this changeover process occurred as
    a
    result of difficulties involving flame impingement, chemical
    carryover
    to the super heater,
    erratic functioning of the boiler
    controls,
    and litigation between the contractor and the City
    (R.
    37).
    In
    1974,
    the ambient air quality standard for particulates
    was exceeded at the pumping station while
    the sulfur oxide standard
    was met
    (R.
    36).
    Included in Joint Exhibit ~l, Table
    1,
    is
    emission data for various combinations of coal and gas or oil
    fired boilers,
    and it is evident after reviewing this data that
    both particulate and sulfur dioxide emissions will be reduced
    as
    a result of the boiler changeover.
    In regards
    to the permitting process itself the Stipulation
    provides
    that on December
    12, 1974,
    the Agency sent the City
    a
    warning letter advising that the boilers were operating without
    the requisite permits.
    The City finally applied for an operating
    permit for the pumping station on April
    18,
    1975, almost
    20 months
    after the permits were required and not until after
    this enforce-
    ment case had been filed.
    This permit application was denied
    due to excessive particulate and sulfur dioxide emissions.
    A
    subsequent variance request was also dismissed by the Board
    (P.
    32,
    33).
    No information was provided relative to the present
    permit status nor was any fact or reason included why the City
    was not, and
    is not, able to comply with the permit requirements.
    In view of the foregoing,
    the Board finds
    the City of Chicago
    in violation of the operatinq permit requirements
    as alleged
    in
    Conn~
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    and
    oXpoliOF1(~Od
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    in
    thi
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    tndoivor
    these
    facts
    do
    not
    excuse
    violation
    of
    the penni L requirements.
    The City was required to have permits for this equipment,
    and
    whether the boilers were gas or coal
    fired,
    the fact remains that
    permits were,
    and are,
    required.
    Simply stated,
    the
    Stipulation
    urovides no adequate reason why the City ignored
    the permit system
    for such a long period of
    time.
    Taking these facts into considera-
    tion,
    the Board finds that a penalty is necessary
    to protect the
    integrity of the permit system,
    thus aiding in the enforcement of
    24
    302

    —3—
    the Act, and will assess
    a penalty of $1,000.00 for these
    admitted violations,
    $500.00 for each count.
    The Board will
    also order
    the City to cease and desist further violations
    unless the City institutes an acceutabie program for compliance
    with
    the permit requirements.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    Respondent,
    City of Chicago,
    is found
    to have ooerated
    two gas fired and two coal fired boilers
    at its Central Park
    Avenue Pumping Station without operating permits
    in violation
    of Rule 103(h) (2)
    of the Air Regulations and in further violation
    of Section 9(b)
    of the Act and shall pay a oenalty of $1,000.00
    for these violations.
    Penalty payment by certified check or money
    order payable to the State of Illinois shall be made within
    35
    days of the date of this Order
    to:
    Fiscal Services Division,
    Illinois Environmental Protection Agency,
    2200 Churchill Road,
    Springfield,
    Illinois,
    62706.
    2.
    The City shall cease and desist further violations
    of
    the
    operatino permit requirements within 120 days of
    the
    date
    of this Order or submit a program for compliance with the
    permit requirements which
    is acceptable
    to the Agency.
    IT
    IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, her~~ycertify the above Opinion and Order were
    adooted on the
    ~
    day of
    ~
    ,
    1976 by
    a vote of
    .
    Ciir is
    Lan
    L.
    Mo
    L
    tc
    Ic
    i:
    K
    Illinois Pollution
    ntrol Board
    24
    303

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