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
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and
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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
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Illinois Pollution
ntrol Board
24
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303