ILLINOIS POLLUTION CONTROL BOARD

May 9, 1991

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

)

v.

)

PCB 90—111

)

(Enforcement)

SEEGERS GRAIN,

INC.

)

Respondent.

JOSEPH ANNUNIZO APPEARED ON BEHALF OF THE COMPLAINANT.

JAMES WRIGHT APPEARED ON BEHALF OF THE RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by J.

Anderson):

This matter comes before the Board upon a complaint filed

June

14 1990 on behalf of the People of the State of Illinois

(“People”),

by and through

its attorney, Roland W. Burns,

Attorney General of the State

of Illinois, against Seegers Grain,

Inc..

(Seegers) located Freeport, Stephenson County,

Illinois.

The complaint alleges that Seegers has violated Sections

•9(a) and

(b)

of the Illinois Environmental Protection Act

(“Act”),

Ill.

Rev. Stat.

1989,

ch. lll~,pars.

1001,

et.

seq., and 35

Ill. Adm.

Code 201.142 and 201.143

of

the Board’s rules and regulations.

Hearing on this matter was held September

14, 1990

in

Freeport, Stephenson County,

Illinois.

At hearing,

the parties

submitted

a Stipulation and Settlement Agreement, which had not

been executed by

the parties.

The Stipulation sets forth

facts

pertaining

to the nature, operations,

and circumstances

surrounding the claimed violations.

Seegers admits

to past

violations

of Sections 9(a)

and

(b) of the Act and

35

Ill.

Adm.

Code 201.142 and 201.143 and agrees to pay a civil penalty of

two

thousand dollars

($2,000).

Seegers further agrees to cease and

desist from the alleqed violations.

On November

29,

1990,

the Board directed the Hearing Officer

to set this matter for hearing on the merits, and

to complete all

such hearings as expeditiously as possible but

no

ater than 180

days from that date.

The Board took such action after

the

parties failed to respond

to a November

8,

1990,

Board Order

which directed the parties to

file a signed and executed

stipulation with the Board no later

than November

26,

i990.

A

hearing was set for

February

11,

1991;

however,

that hearing was

cancelled by the Board due

to budget constraints.

No additional

hearings have been set.

On May

2,

1991,

the parties filed

a

122—75

---

—2—

signed and executed stipulation.

The stipulation did not

materially differ from the unexecuted stipulation filed at

hearing.

Therefore,

the Board finds that an additional hearing

is not warranted in this case and directs the Hearinq Officer

to

cancel any such hearings which may be set.

The Board finds the Settlement Agreement acceptable under

35

Ill. Adm. Code 103.180.

This Settlement Agreement in no way

affects respondent’s responsibility to comply with any federal,

state or local regulations,

including but not limited

to the Act

and the Board’s pollution control regulations.

This Opinion constitutes

the Board’s findings of

fact and

conclusions of law in this matter.

ORDER

1.)

The Board hereby accepts the Stipulation and

Settlement Agreement executed by the People

of the

State of Illinois and Seegers Grain,

Inc. concerning

Seegers’s operations located

in Freeport, Stephenson

County,

Illinois.

The Stipulation and Settlement

Agreement are incorporated by reference as though

fully set forth herein.

2.)

Seegers shall pay the sum of two thousand dollars

($2,000) within

30 days of the date of this Order.

Such payment shall be made by certified check

or money

order payable to the Treasurer

of the State of

Illinois, designated to the Environmental Protection

Trust Fund,

and shall

be sent

by First Class mail

to:

Illinois Environmental Protection Agency

Fiscal

Services Division

2200 Churchill Road

P.O.

Box 19276

Springfield,

IL

62794—9276

Seegers

shall also write

its Federal Employer

Identification Number or Social

Security Number on the

certified check or money order.

Any such penalty not paid within the time prescribed

shall

incur

interest at the

rate set forth

in

subsection

(a)

of Section 1003 of the Illinois Income

Tax Act,

(Ill.

Rev.

Stat.

1989,

ch.

120,

par.

10—

1003), as now or hereafter amended,

from the date

payment

is due until the date payment

is received.

Interest

shall

not accrue during the pendency of an

appeal during which payment

of the penalty has been

stayed.

122—76

---

—3—

Section 41 of the Environmental Protection Act,

Ill. Rev.

Stat.

1989,

ch. lll~,par.

1041,

provides for

appeal of final

Orders of the Board within 35 days.

The Rules of the Supreme

Court of Illinois establish filinq requirements.

IT

IS SO ORDERED.

J.

D.

Dumelle and J.

Theodore Meyer dissented.

I,

Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above Opinion and Order was

adopted on the

~

day of

_________________,

1991,

by a

vote of

5—;~,

.

ution Control Board

(

Illinois P0

122—7 7

---

STATE OF ILLINOIS

)

)

~

t4AY—2I99~

COUNTY OF STEPHENSON

)

BEFORE THE ILLINOIS POLLUTION CONTROL

~

A~o~BoARD

J

PEOPLE OF

THE

STATE OF ILLINOIS,

)

)

Complainant,

)

v.

)

PCB 90—111

)

SEEGERS GRAIN,

INC., a Delaware

)

Corporation,

)

Respondent.

STIPULATION MD PROPOSAL

FOR

SETTLEMENT

Complainant, PEOPLE OF

THE

STATE OF ILLINOIS, by their

attorney, ROLAND W.

Agency, and Respondent, Seegers Grain,

Inc., by its attorney, Mr.

James

L. Wright of the law

firm

of Militello, Janck

The parties agree that the statement of facts contained herein

represents a fair

summary

terms hereof by the parties to this agreement.

Board (hereinafter “Board”), approves and disposes of this matter

122—78

---

ment set forth herein.

Environmental Protection Act, Ill.Rev.Stat.,

(1989), ch.

111—1/2,

1001 et ~g.

II.

AUTHORIZATION

The undersigned representatives for each party certify

that they are fully authorized by the party whom they represent

to enter into the terms and conditions of this Stipulation and

Proposal For Settlement and to legally bind them to it.

III.

APPLICABILITY

This Stipulation and Proposal For Settlement shall ap-

ply to and be binding upon the Complainant and Respondent, as

well as the successors and assignees of each and any officer,

director,

agent, employee or servant of Respondent.

The Respon-

dent shall not raise as a defense to any enforcement action taken

pursuant to this Settlement the failure of its agents, servants

or employees to take such action as shall be required to comply

with the provisions of this Settlement.

—2—

122—79

---

IV.

STATEMENT

OF

FACTS

1.

The Illinois Environmental Protection Agency,

(hereinafter “Agency”)

is an administrative agency established in

the executive branch of the State government by Section

4 of the

Illinois Environmental Protection Act (hereinafter “the Act”),

Ill.Rev.Stat.,

(1989), ch. 111-1/2, par. 1004 and charged inter

alia, with the duty of enforcing the Act.

2.

Respondent, Seegers Grain,

Inc.

(hereinafter

“Seegers”), is a Delaware corporation with its principal place of

business located in Illinois.

At all times relevant to this Com-

plaint, Seegers has owned and operated a facility located at 300

South Hancock,

Freeport, Stephenson County,

Illinois.

Respondent

is in the business of handling, drying and storing grain.

3.

Within its facility, Seegers constructed grain

elevators including a dump pit cyclone and internal grain trans-

fer apparatus.

4.

Section 201.102 of

the

Pollution Control Board’s

Air Pollution Rules,

35

Ill.

Adin.

Code 201.102, provides,

in

tinent part, the following definitions:

“Emission Source”:

any equipment or facility

of a type capable of emitting specified air

contaminants to the atmosphere.

“New Emission Source”:

any emission source,

the construction or modification of which is

commenced on or after April 14,

1972.

12~-8O

---

“Air

Pollution

Control

Equipment”:

any

equip-

ment or facility of a

type

intended to elimi-

nate,

prevent, reduce or control the emission

atmosphere.

“Specified Air Contaminant”:

any air contami-

nant as to which this Subtitle

B

contains

emission standards or other specific

limitations.

“Construction”:

commencement of on-site

fabrication, erection or installation of an

emission source or of air pollution control

5.

ed after April 14, 1972,

late matter,

is, therefore,

35 Ill. Adm. Code 201.102, set forth above.

6.

Sections 9(a) and

Protection Act, Il1.Rev.Stat.,

(1989), ch.

111 1/2,

par.

and

No person shall:

a.

Cause or threaten or allow the discharge

or emission of any contaminant into the

environment in any State so as to cause

or tend to cause air pollution in Il-

linois, either alone or in combination

with contaminants from other sources, or

so as to violate regulations or stan-

dards adopted by the Board under this

Act;

b.

Construct,

install, or operate any

equipment,

facility, vehicle, vessel, or

—4—

122—8 1

---

aircraft capable of causing or con-

tributing to air pollution or designed

to prevent air pollution of any type

designated by Board regulations, without

a permit granted by the Agency, or in

violation of any conditions imposed by

7.

Sections 201.142 and 201.143 of the Pollution Con-

trol Board’s Air Pollution regulations, 35 Ill.

Adm.

Section 201.142

Construction Permit

Required

No person shall cause or allow the construc-

tion of any new emission source or any new

air pollution control equipment, or cause or

allow the modification ofany existing

emission source or air pollution control

equipment, without first obtaining a con-

struction permit from the Agency, except as

provided in Section 201.146.

Section 201.143

Operating Permits for New

Sources

No person shall cause or allow the operation

of any new emission source or new air pollu-

tion control equipment of a type for which a

construction permit is required by Section

201.142 without first obtaining an operating

permit

from the Agency,

except by such test-

ing operations as may be authorized by the

construction permit.

Applications for

operating permits shall be made at such times

and contain such information (in addition to

the information required by Section 201.157)

as shall be specified by the construction

permit.

8.

The equipment listed herein,

in order to be built,

must have a construction permit issued by the Agency because each

is an emission source.

—5—

122—82

---

9.

In June,

grain elevator without the required Agency construction permits.

10.

The

structed after April 14,

1972,

and each is, therefore,

11.

air pollution control equipment.

It is not exempt pursuant to 35

Ill. Adm. Code 201.146.

12.

Construction of the facility began in June,

a construction permit was issued on November 10, 1988.

Operation

of the facility began in October, 1988;

issued on March 15,

1990.

During these periods of time, Seegers

Grain,

Inc.,

constructed and operated the equipment listed herein

without the required Agency construction and operating permits in

violation of Section 9(a) and

(b) of the Act, Ill.

Rev. Stat.,

(1989)

ch.

111—1/2, par.

1009(a) and

(b) and Sections 201.142 and

201.143 of the Board Air Pollution Rules,

35 Ill.

Adm. Code

201.142 and 201.143.

V.

Seegers Grain,

Inc.,

is engaged in the grain storage

business.

Its facility in Freeport, Illinois can store approxi-

mately 500,000 bushels of grain.

The air pollution control

—6—

122—83

---

equipment within this facility consists of a MAC 96-MCF-l53 dust

filtration system and a mineral oil dust suppression system.

The permit violations were inadvertent.

struction process commenced, Seegers Grain,

Although Seegers was unaware of the technical permit

requirements, Seegers at all times was sensitive to the underly-

ing environmental concerns.

Seegers elected not to install a

particulate system because of its belief that this system was not

as effective as a baghouse system, even though the other system

satisfied state specifications and was only half as expensive as

the system which was installed ($25,000.00 vs. $50,000.00).

VII.

FUTURE

PLANS

OF COMPLIANCE

Respondent, Seegers,

shall diligently conform to the

Board’s permit regulations and shall cease and desist from fur-

trier violations of the Act and the regulations promulgated

thereunder.

IMPACT ON THE PUBLIC RESULTING PROM NON-COMPLIANCE

Section 33(c)

of the Illinois Environmental Protection

Act, Ill.Rev.Stat.,

(1989),

ch.

111—1/2, par. 1033(c), provides:

—7—

122—84

---

In making its orders and determinations,

the

Board shall take into consideration all the

facts and circumstances bearing upon the rea-

sonableness of the emissions,

discharges, or

deposits involved

including, but not limited

to:

1.

The character and degree of injury to,

or interference with, the protection of

the health, general welfare and physical

property of the people;

The social and economic value of the

pollution source;

3.

The suitability or unsuitability of the

is located,

including the question of

priority of location in the area

involved;

4.

The technical practicability and

economic reasonableness of reducing or

eliminating the emissions, discharges or

deposits resulting from such pollution

source;

5.

Any economic benefits accrued by a non-

complying pollution source because of

its delay in compliance with pollution

control requirements; and

6.

Any subsequent compliance.

In response to these factors~the parties state as

follows:

A.

Impact to the public resulting from Seegers’ non-

compliance was that the Agency and the public were not privy to

information that is important to the control of air pollution in

the State of Illinois.

The permit process is the only method

available for the State to identify possible air pollution

sources and their control.

—8—

122—85

---

B.

The parties agree that Seegers’ facility are of

C.

quirements was economically beneficial in that it utilized its

15,

D.

control requirements by obtaining the necessary operating permit.

IX

DETERMINATION OF

PENALTY

Section 42(h) of the Act, Ill.Rev.Stat.,

(1989),

ch.

111—1/2, par.

1042(h) provides:

In determining the appropriate civil

penalty to be imposed under

...

Section, the Board is authorized to con-

sider any matters

of record in mitiga-

tion

or aggravation of penalty, includ-

ing but not limited to the following

factors:

(1) the duration and gravity of the

violation;

(2) the presence or absence of

due

diligence on the part of the viola-

tor in attempting to comply with

requirements of this Act and reg-

ulations thereunder or to secure

relief therefrom as provided by

this Act;

(3) any economic benefits accrued

by the violator because of delay in

compliance with requirements;

(4) the amount of monetary penalty

which will serve to deter further

—9—

122—86

---

violations by the violator

and

to

otherwis,

aid in enhancing volun-

tary complianc. with this~

Act by

th. violator and other parsons

similarly

subject to the Act;

and

(5)

the

number,

proximity in

time,

and

gravity of previously adjudi-

cated violations of this Act by the

violator

In response to these factors

the

parties state as follows:

1.

The

duration of the violation was 18 months.

A

permit violation, only,

was

at

issue.

No substantiv, viola-

tions of

the

Act or Board regulations wer, found.

2.

Seegers responded promptly to

the

Agency’s

CXL.

There

was

because Respondent’s first application was rejected.

3.

Seegers did accrue some economic benefit by

avoiding the payment of annual permit

4.

Complainant has

determined, in this instance,

that a two

thousand dollar ($2,000.00) penalty will serve to

deter

further

violations and aid in

future voluntary enforcement

of

5.

On December 9,

1988,

a complaint, which became

PCB 88-199, was filed against the Seeger Grain facility located

in Crystal. Lake,

Illinois.

The complaint alleged violations of

noise regulations at the facility.

A Stipulation and Proposed

Settlement was accepted by the PCB on June 3.

1990.

—

10

—

122—87

---

XI

TERMS

OF

SETTLEMENT

A.

Respondent,

of Sections 9(a) and

(b) of the Act, Ill.Rev.Stat.,

(1989),

cli.

111—1/2, par.

1009(a) and

(b) and 35

Ill. Adm.

201. 143.

B.

Respondent,

Seegers, agrees to pay a penalty of

Two

Thousand Dollars

($2,000.00)

into the Illinois Environmental Pro-

tection Trust Fund within thirty

(30)

days

Stipulation and Proposal For Settlement.

by certified check or money order, payable to the Treasurer of

the State of Illinois, designated to the Environmental

Protection

Trust Fund, and shall be sent by first class mail to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Seegers’ Federal Employers Identification Number, 36-288—2430,

shall be written upon the

certified check or money order.

C.

Respondent, Seegers, shall cease and desist

from

further violations of the Act and regulations promulgated

thereunder.

122—88

—

11

—

---

COMPLIANCE

WITH

OTHER

LAWS

AND

This

Settlement

Agreement

in

no

way

affects

Respon-

dent’s

responsibility to comply with any federal, state or local

regulations, including but not limited to,

the Illinois Environ-

mental Protection Act, 11.Rev.Stat.,

(1989),

cli.

111—1/2, par.

1001 et

~.,

and

the Illinois Pollution Control Board’s Air Pol-

lution

Control

regulations.

XII

RIGHT

OF

ENTRY

In addition to any other authority, the Agency,

its

employees and representatives, and the

Illinois Attorney

General, his agents and

representatives,

shall

have

right

of

en-

try to Seegers’s facility at all reasonable times,

for the pur-

poses of conducting inspections.

In conducting any inspection of

tives, and the Attorney General, his agents and representatives,

may

take

any

photographs

or

samples

as

they

deem

necessary

in

order to conduct their inspection.

xx”.

RELEASE PROM LIABILITY

In consideration of Respondent’s payment of a $2,000.00

penalty and commitment to refrain from further violations of the

Act, the Agency releases, waives and discharges Respondent from

any further liability or penalties from violations of the Act

—

12

—

122—89

---

which

were

the

subject

matter

of

the

complaint

herein.

nothing

in

this

Settlement

Agreement

shall

be

construed

as

a

waiver

by

c~omp1ainantof the right to redress future violations

or

obtain

penalties

with

respect

thereto.

WHEREFORE, Complainant and Respondent request that the

Board

adopt

and

accept

the

foregoing

Stipulation

and

Proposal. for

Settlement

as

AGREED:

FOR

THE

COMPLAINANT:

FOR

THE

RESPONDENT

ILLINOIS

ENVIRONMENTAL

SEEGERS

GRAIN,

INC.,

a

Delaware

Corporation

By:

By:

~

e4(LA_4._-

~

~ra1

Counsel

Dated:

y/g7g,’

Dated:

1~’

C~

~7

/

ROLAND

W.

~URRIS

Attorney

General

State of Illinois

By:

____________

MATTHEW

J~bUNN,

Chief

Environmental Control Division

Assistant

Attorney

General

Dated:

S~

jjast00~

—

13

—

122—90

/7