ILLINOIS POLLUTION CONTROL

BOARD

February 11, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75—287

B.

BRODY SEATING COMPANY,

an Illinois corporation,

Respondent.

OPINION AND ORDER OF THE BOARD

(by Mr.

Zeitlin):

This case comes before the Board on a Complaint filed by the

Environmental Protection Agency

(Agency)

on July 25,

1975.

The

Complaint alleges that Respondent

B.

Brady Seating Company,

located

at 5921 West Dickens Avenue, Chicago,

Illinois has violated Section 9(b)

of the Environmental Protection Act

(Act)

and Rule 103(b) (2)

of the

Board’s Air Pollution Control Regulations.

A hearing was held on

December 18, 1975 at which the parties entered into a Stipulation

and Proposed Settlement on the record

(R.

4-10)

The stipulated facts make it clear that the Respondent’s

spray

painting facility was operated without the permit required by

Rule 103

(b)

(2).

In Paragraph 11 of the Stipulation and Settlement

Respondent agrees to take all actions necessary to obtain the

required permits,

and to pay a penalty of $2,000.

The Board hereby

accepts the Stipulation and Settlement proposed by the parties at

the December 18,

1975

hearing.

The terms of settlement are acceptable

to the Board.

This Opinion constitutes the findings of fact and conclusions

of law of the Board in this matter.

ORDER

1.

Respondent

B.

Brady Seating Company

is hereby found to

have violated Section

9(b) of the Environmental Protection Act

and Rule 103(b) (2)

of the Board’s Air Pollution Control Regulations.

20—41

---

—2--

2.

Respondent,

B.

Brady Seating Company shall take all

actions required

to obtain operating permits for its spray painting

facility no

later than 120 days after receipt of this Board Order.

3.

Respondent shall pay as

a penalty for the violations listed

above the sum of $2,000 to the State of Illinois.

Payment shall be

made by certified check or money order within 35 days of receipt

of this Board Order to:

Control Program Coordinator

Division of Air Pollution Control

Environmental Protection Agency

2200 Churchill Road

Springfield,

Illinois

62706

IT IS SO ORDERED.

I, Christan

L. I~offett,Clerk of the Illinois Pollution Control

Board, hereby certify the above Opinion and Ordpr were adopted on the

_______day

of February,

1976,

by a vote of

41..~

~

L~2~t~

Illinois Pollution

trol Board