ILLINOIS POLLUTION CONTROL BOARD

July

25, 1972

ENVIRONMENTAL PROTECTION AGENCY)

V.

)

#

72—142

COLUMBIA TOOL STEEL COMPANY

Preliminary Opinion and Order of the Board

(by Mr. Currie)

Complainant has alleged that Respondent violated certain p01-

lution statutes

and regulations in the operation of its electric-

arc furnaces and related equipment used for the manufacture of

high alloy steel at its Chicago Heights facility.

Complainant

alleges that Respondent has operated its furnaces and exhaust fans

in such a manner as to

“reduce” or

“conceal”

or

“dilute” the

allegedly excessive emissions of particulate matter to the atmos-

phere.

Respondent has moved for a summary judgment arguing that

“as a matter of law,” Respondent has

“not so conducted itself

so as to conceal

a violation of any regulation or statute.”

There are clearly factual issues raised by the allegations

and the motion for summary judgment pertaining to the exact nature

of Respondent’s operations, and whether or not there has been in

fact a concealment of excessive emissions and an attempt to thereby

circumvent the provisions of the enumerated statutes and regulations.

A public hearing

is in order

to allow both sides to present their

views and to permit the Board to render its determination of whether

or not, based

upon the facts adduced at the hearing, there have been

violations of the law.

The motion for summary judgment is denied and the parties are

ordered to proceed to a public hearing on the matter forthwith.

I, Christan L. Moffett,

Clerk of the Pollution Control Board,

certify that the~Board adopted the above Preliminary Opinioji and

Order this

day of

,l972 by a vote of

~

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5—59