ILLINOIS POLLUTION CONTROL BOARD
    April
    2,
    1981
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Complainant,
    v.
    )
    PCB 81—5
    AMERICAN FOUNDRY AND MANUFACTURING
    COMPANY,
    a Missouri Corporation,
    )
    Respondent.
    CHRISTINE ZEMAN, ASSISTANT ATTORNEY GENERAL, APPEARED
    ON
    BEHALF
    OF THE COMPLAINANT.
    VATTEROTT, SHAFF~R,DOLAN
    & PEPKA, ATTORNEYS AT LAW
    (MR.
    CHARLES
    SH~FFAR, OF COUNSEL), APPEARED ON BEHALF
    OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J,D.
    Dumelle):
    This matter comes before the Board on the January
    16,
    1981 Complaint brought by the Illinois Environmental Protection
    Agency
    (Agency).
    Count
    I of the Complaint alleged that,
    from December
    1,
    1972 until September
    30,
    1980,
    the Respondent,
    the American
    Foundry and Manufacturing Company
    (“American Foundry” or the
    “Company”), operated a cupola at
    its gray iron foundry without
    a permit from the Agency
    in violation of Rule
    103(b)(2)
    of
    Chapter
    2:
    Air Pollution Control Regulations
    (“Chapter 2”) and
    Sections
    9(a) and 9(b) of the Illinois Environmental Protection
    A.ct
    (Act).
    Count II alleged that,
    from December
    31,
    1973 until
    September
    30,
    1980, the Company operated the cupola in such a manner
    as to allow the emission of particulate matter into the atmosphere
    which exceeded allowable emission rates
    in violation of Rule 203(a)
    of Chapter
    2 and Section
    9(a)
    of the Act.
    Count III alleged that,
    from December
    31,
    1973 until
    September
    30,
    1980, the Respondent allowed the emission of
    carbon monoxide from its cupola in excess of prescribed
    standards i~nviolation of Rule 206(e) of Chapter
    2 and Section
    9(a)
    of the Act.
    A hearing was held on February
    27,
    1981.
    The parties
    filed a Stipulation and Proposal
    for Settlement on March
    3,
    1981.
    41—195
    American Foundry
    has,
    at all times pertinent to the
    Complaint, owned and operated a gray iron foundry located on
    rented premises at Yards Road
    in the Village of Salem, Marion
    County, Illinois.
    (Stip.
    2).
    On September
    30,
    1980, the Company
    ceased all operations at this facility.
    (Stip.
    3).
    However,
    from December
    1,
    1972 until September
    30,
    1980,
    the Company
    regularly operated
    a cupola without an Agency permit.
    (Stip.
    3).
    Carbon monoxide, particulate matter,
    and smoke were discharged
    from the cupola to the atmosphere through a stack during this
    time period.
    (Stip.
    2—3).
    The proposed settlement agreement provides that the Company
    agrees
    to cease and desist from further violations and pay
    a stipulated penalty of $1,000.00.
    (Stip.
    6—7).
    In evaluating this enforcement action and proposed settlement
    agreement, the Board has taken into consideration all the
    facts
    and circumstances in
    light of the specific criteria
    delineated in Section 33(c)
    of the Act.
    The Board finds the
    settlement agreement acceptable under Procedural Rule 331
    and Section 33(c) of the Act,
    The Board finds that the Respondent,
    the American Foundry and Manufacturing Company, has violated
    Rules 103(b)(2),
    203(a)
    and 206(e) of Chapter
    2:
    Air Pollution
    Control Regulations and Sections
    9(a)
    and 9(b)
    of the Illinois
    Environmental Protection Act.
    The stipulated penalty of
    $1,000.00 will be assessed against the Respondent.
    This Opinion constitutes the BOard’s findings of fact
    and conclusions of
    law in this matter.
    ORDER
    It is the Order of the Illinois Pollution Control Board
    that:
    1.
    The Respondent, American Foundry and Manufacturing
    Company, has violated Rules
    103(b)(2),
    203(a)
    and
    206(e)
    of Chapter
    2:
    Air Pollution Control Regulations
    and Sections
    9(a) and 9(b) of the Illinois Environmental
    Protection Act,
    2.
    The Respondent
    shall cease and desist from further
    violations.
    3.
    Within 60 days of the date of this Order, the Respondent
    shall,
    by certified check or money order payable
    to the State of Illinois, pay the stipulated penalty
    of $1,000.00 which is
    to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    41—196
    4.
    The Respondent shall comply with all the terms and
    conditions of the Stipulation and Proposal for Settlement
    filed March
    3,
    1981, which is incorporated by reference
    as
    if fully
    set forth herein.
    IT
    IS SO ORDERED.
    Mr. Werner concurs,
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Opinion and Order
    was adopted on the
    ‘~
    day of
    ~
    ,
    1981 by a vote
    of,
    ~.
    •
    /
    /
    Christan L. Moffett,Clerk
    Illinois Pollution Control Board
    41—197

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