ILLINOIS POLLUTION CONTROL BOARD
    September 18, 1975
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    vs.
    )
    PCB 72—315
    )
    FREEMAN
    COAL MINING COMPANY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Henss):
    On September
    6,
    1973 the Pollution Control Board found
    that Freeman Coal Mining Company had emitted smoke from its
    coal fired boilers which appeared to have been No.
    2 or darker
    on the Ringelmann chart in violation of Rule 3—3.122, Rules and
    Regulations Governing the Control of Air Pollution; had failed
    to abide by the time conditions of its Air Contaminant Emission
    Reduction Program in violation of Rule 2-2.41; and had installed
    air pollution control equipment without a permit in violation of
    Rule 3-2.110.
    A $1,500 penalty was imposed for these three
    violations.
    Upon review,
    the Appellate Court for the Fifth District of
    Illinois affirmed the Board’s ruling with respect to the
    Ringelmann violations and the violation of Rule 3-2.110 of the
    Air Rules.
    However, the Appellate Court reversed the Board
    finding that Freeman Coal had violated Rule 2-2.41 in failing
    to abide by the time limitations
    of the ACERP.
    The Court said
    that since the Pollution Control Board “assessed a penalty of
    $1500 for all three violations, only two of which are sustained,
    we must remand this cause to the Board with directions that it
    determine the p~naltyto be assessed for the Ringelmann violations
    and the violation of Rule 3~2.110~t.
    The elements of the violations have already been established
    in the written Opinions previously issued by the Board and by the
    Appellate Court.
    We will not repeat the evidence at length.
    We find from our consideration of the case that a monetary
    penalty of $750 should be imposed for the Ringelmann violation.
    The dense smoke emitted from the Freeman facility is indicative
    of air pollution which would affect the residents of that community,
    but there
    is not a lot of evidence regarding the character and
    18
    498

    —2—
    degree of the injury to or interference with the health, welfare
    and physical property of the people.
    The facility did have a
    ~~cial and economic value as
    a producing company, but the
    evidence indicates that the facility was old and “marginal”.
    The facility is suitable to the area in which it is located.
    It is technically practicable to reduce particulate emissions
    and to bring smoke density within No.
    2 Ringelmann.
    For most
    companies it is also economically reasonable to do so,
    and we
    believe that,
    in spite of the age and the marginal status of
    Respondent’s facility,
    it was economically reasonable to do so
    in this case.
    The record shows that pollution control equipment
    was actually installed but it should have been installed at an
    earlier date.
    Freeman Coal failed to secure the required permits for over
    one year after the pollution control equipment was already
    installed.
    There was no explanation given for this delay but it
    appears the permits were actually acquired prior to the time the
    Complaint was filed by the Environmental Protection Agency.
    We
    conclude that the permit violation was not flagrant and was in
    fact cured before this matter was presented to us for ruling so
    that only a nominal penalty in the amount of $100 is justified.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Illinois Pollution Control Board.
    ORDER
    It is the Order of the Pollution Control Board that:
    Freeman Coal Mining Company shall pay to the State of
    Illinois by November 1, 1975 the sum of $850 as
    a penalty
    for the violations
    found in this proceeding.
    Penalty
    payment by certified check or money order payable to the
    State of Illinois
    shall be made to:
    Fiscal Services
    Division, Illinois EPA,
    2200 Churchill Road, Springfield,
    Illinois 62706.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, ~ereby
    certify
    he
    bove Opinion and Order w
    s adopted
    the
    18~’~
    day of
    __________
    1975 by
    a vote of
    -~
    Christan L. Moffett,f~~rk
    Illinois Pollution
    Cc~i~rol
    Board
    18
    499

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