ILLINOIS POLLUTION CONTROL BOARD

March 13,

1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 74—261

ESSANESS THEATRES CORPORATION,

a Delaware corporation,

Respondent,

and

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

PCB 74—.346

RIVERDALE DRIVE-IN, INC~,

an Illinois corporation,

Respondent.

Mr~Jeffrey

S.

Herden, attorney for Complainants

Mr.

Jules

G.

Cogan, attorney for Respondents.

OPINION AND ORDER OF THE BOARD

(by Dr~Odell)

On July

9,

1974,

the Environmental Protection Agency

(Agency)

filed a Complaint with the Pollution Control Board

(Board)

against Essaness Theatres Corporation.

The Complaint

alleged that since July 1,

1974, Respondent had operated a

treatment works at its drive—in theatre without an Operating

Permit in violation of Rules

903(a)

and 903(c) (3)

of the Water

Pollution Regulations

(Chapter Three)

and Section 12(b)

of the

Environmental Protection Act •(Act),

At the hearing on September

3,

1974, Essaness Theatres Corporation moved that the Complaint

be dismissed because the theatre

is owned and operated by

Riverdale Drive-In, not the parent corporation, Essaness~ The

Board denied this motion on October 10,

1974.

The Agenc~’filed

another Complaint, PCB 74-346,

on September 23,

1974, against

Riverdale Drive-In alleging that it operated its treatment works

without an Operating Permit from the Agency~ The facility is

located proximate to the intersection of Interstate Route

80,

Illinois Route

43,

and

Oak Park

Avenue in an unincorporated area

south of Tinley Park, Cook

County,

Illinois,

These alleged

violations of Rules 903(a) and 903(c) (3)

of

Chapter Three

and

Section

12(b)

of the Act occurred from July

1,

1974,

until

September

23,

1974.

On October 31,

1974,

the Board consolidated

these two proceedings.

16—109

---

—2—

A Stipulation and Proposal For Settlement

(Stipulation)

was submitted to the Board on February 21,

1975,

after the

parties waived their right to a hearing.

For purposes of

settlement only,

Riverdale Drive-In,

the operator of the

theatre, admitted that it did not have

a permit on July

1,

1974.

After it received notice of the violation, Riverdale

made good

faith efforts

to get a permit.

The Agency issued

the permit on October 10,

1974.

The parties agreed in the

Stipulation that Essaness was not liable for any violation

of the Act or the Regulations.

The Stipulation stated that

the Agency was unaware of any pollution problem at the facility.

Riverdale agreed to pay a civil penalty of $125.00 for its

permit violation.

We accept the Stipulation and Proposal For Settlement enter-

ed into among the parties.

While it

is against Board policy to

approve settlements without the procedural protections of a

hearing, we are confident that the narrow exception carved out in

this case will not be repeated in the near future.

The facts and

circumstances of this case convince us that it would be unpro-

ductive to order this cause to be sent back for further hearing.

The violation was short-lived, and good faith efforts were made

to rectify the situation.

No other environmental harm has been

shown or alleged.

The public interest has been sufficiently

protected by the remedy agreed to by the parties

in this case.

This Opinion constitutes the findings of fact and conclusions

IT IS THE ORDER of the Pollution Control Board that:

1.

Riverdale Drive-In,

Inc. shall pay a penalty of $125.00

for its violations of Rules 903(a) and 903(c) (3)

of the Water

Pollution Regulations and Section 12(b)

of the Environmental

Protection Act,

as established in this Opinion.

Payment shall

be by certified check or money order payable to the State of

Illinois, Fiscal Services Division, Environmental Protection

Agency,

2200 Churchill Road, Springfield, Illinois 62706.

Pay-

ment shall be made within 35 days of the adoption of this Order.

2.

The Complaint against Essaness Theatres Corporation is

dismissed with prejudice.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify that the

ove Opinion and Order

was adopted on the

/.4~M

day of

/T)

,

1975,

by a vote

of~

to~

.