ILLINOIS POLLUTION CONTROL BOARD

May 20, 1976

ENVIRONMENTAL PROTECTION AGENCY,

)

Complainant,

v

)

PCB 75—393

NATIONAL METALWARES,

INC.,

)

Respondent.

Mr.

James

L.

Dobrovolny, Assistant Attorney General, appeared for

the Complainant;

Mr.

David

P.

Peskind, Attorney, appeared for the Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr.

Zeitlin):

This matter

is before the Board on

a Complaint filed by the

Attorney General for the Environmental Protection Agency

(Agency)

on October 10,

1975.

That Complaint alleged that Respondent

National Metaiwares,

Inc.

(National) operated an existing emission

source of air contaminants without the required operating permit

from the Agency,

in violation of Section 9(b)

of the Environmental

Protection Act and Rule 103(b) (2)

of Chapter

2: Air Pollution,

of

the Board’s Rules and Regulations.

Ill.

Rev. Stat.,

Ch.

111-1/2,

§1009(b)

(1975).

At a hearing held in North Aurora,

Illinois on March

30, 1976,

the Agency and National submitted a Stipulation of Facts and Agreed

Settlement

(Stipulation), which forms the basis of this Opinion and

Order.

In the Stipulation, National admits that it has operated a

painting operation as

a part of its manufacturing facility* in

Aurora since March

1,

1973, without an operating permit from

the

Agency.

The facts show, and the parties agree,

that the painting

operation constitutes an existing emission source.

By way of miti-

gation,

the Stipulation shows only that National applied twice

(in

1974 and 1975)

for operating permits; those applications were rejected

for lack of adequate information.

*National’S manufacturing facility is described in two Variance

cases

(unrelated

to the permit issues presented here) and need not

be repeated.

National Netalwares,

Inc.

v.

EPA, PCB 74—239,

13 PCB

603

(1974); National Metàlwares,

Inc.

v.

EPA, PCB 75-92,

17 PCB 163

(1975).

21—421

---

—2—

In settlement of the admitted violation, National agrees to a

penalty of

$3,000.00 and agrees to obtain the necessary permits

within

120 days of this Opinion and Order.

We find that this settle-

ment will serve to prevent the recurrence of this type of violation,

and to aid in the enforcement of the Act.

This Opinion constitutes the findings of fact and conclusions

of law of the Board in this matter.

ORDER

IT IS THE ORDER OF THE POLLUTION CONTROL BOARD that:

1.

Respondent National Metalwares,

Inc.

is found to have

operated a painting operation

in Aurora,

Illinois, without the

required operating permits from the Environmental Protection Agency

in violation of Section 9(b)

of the Environmental Protection Act

and Rule 103(b) (2)

of Chapter

2:

Air Pollution,

of the Pollution

Control Board Rules and Regulations.

2.

Respondent shall pay as

a penalty for the above violations

the sum of Three Thousand Dollars

($3,000.00), payment to be made

within thirty-five

(35) days of receipt of this Opinion and Order

to:

Environmental Protection Agency

Control Program Coordinator

Division of Air Pollution Control

2200 Churchill Road

Springfield, Illinois 62706

3.

Respondent shall obtain all necessary operating permits

from the Environmental Protection Agency for its spray painting

and paint manufacturing facilities no later than 120 days after

receipt of this Opinion and Order.

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board, herSby certify the above Opinion and Order we e

adopted on the ~~‘~day

of

(~f~

,

1976, by a vote of

-O

ristan

L.

ett

er

Illinois Pollution

trol Board