ILLINOIS POLLUTION CONTROL

BOARD

January

18,

1996

PEOPLE OF THE STATE

)

OF ILLINOIS,

Complainant,

v.

)

PCB

 94—274

)

 (Enforcement-Air)

CHICAGO STEEL RULE DIE &

)

FABRICATORS COMPANY,

an

)

Illinois corporation,

)

Respondent.

OPINION

AND

ORDER OF THE BOARD

 (by M. McFawn):

This matter comes berore the Board upon a two—count

complaint filed September 27,

 1994, by the Attorney General of

the State of Illinois, on behalf of the Illinois Environmental

Protection Agency and the People of the State of Illinois,

against Chicago Steel Rule Die & Fabricators Company

 (Chicago

Steel), an Illinois corporation, located at 6630 W. Wrightwood,

Chicago,

 Cook County,

 Illinois.

 The complaint alleges that

Chicago Steel has violated Sections 9(a) and 9(b)

 of the Illinois

Environmental Protection Act

 (Act), 415 ILCS 5/9(a),

 5/9(b) and

35 Ill.

 Adm. Code 201.143 and 212.201 by causing emissions in

excess of permited limits and by operating an emission source

without the proper permits.

Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint

motion requesting relief from the Act’s hearing requirement on

December 5,

 1995.

 The Board published a notice of the waiver on

December 14,

 1995; no objection to the granting of the waiver was

received.

 Waiver of hearing is hereby granted.

The parties filed a Stipulation and Settlement Agreement on

December 5,

 1995.

 The Stipulation sets forth facts relating to

the nature, operations and circumstances surrounding the claimed

violations.

 Chicago Steel neither admits nor denies the alleged

violations and agrees to pay a civil penalty of twenty-five

thousand dollars

 ($25,000.00).

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.

2

ORDER

1)

 The Board hereby accepts the Stipulation and Settlement

Agreement executed by the People of the State of

Illinois and Chicago Steel Rule Die & Fabricators

Company, an Illinois corporation,

 located at 6630 W.

Wrightwood, Chicago, Cook County,

 Illinois.

The

Stipulation and Settlement Agreement are incorporated

by reference as though fully set forth herein.

2)

 Chicago Steel shall pay the sum of twenty-five thousand

dollars ($25,000.00)

 within one

 (1) year of the date of

this order.

 Payment shall be made monthly,

 the first

payment in the amount of two thousand eighty-three

dollars and thirty-seven cents

 ($2,083.37) and

subsequent payments in the amount of two thousand

eighty-three dollars and thirty-three cents

($2,083.33).

 The first payment shall be made within

thirty

 (30) days 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

The certified check or money order shall clearly

indicate on its face, Chicago Steel’s Federal Employer

Identification Number or Social Security Number and

that payment is directed to the Environmental

Protection Trust Fund.

Any such penalty not paid within the time prescribed

shall incur interest at the rate set forth in

subsection

(a)

 Ot Section 1003 or the Illinois Income

Tax Act,

 (35 ILCS 5/1003),

 as now or hereafter amended,

from the date payment is due until the date payment is

received.

 Interest shall not accruo during tho

pendency of an appeal during which payment of the

penalty has been stayed.

3)

 Chicago Steel shall cease and desist from the alleged

violations.

IT IS SO ORDERED.

3

Section 41 of the Environmental Protection Act

 (415 ILCS

5/41) provides for the appeal of final Board orders within 35

days of the date of service of this order.

 (See also 35 Ill.

Adm. Code 101.246, Motion for Reconsideration.)

I, Dorothy M.

 Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby cert~~ythat the a176)le opinion and order was

adopted on the

 /Y’1—’

 day of

 (../YJitz~eta..~

 1996,

 by a

vote of

7c7

£7

Dorothy MflGunn, Clerk

Illinois Vollution Control Board

iCE~V~D

BEFORE THE ILLINOIS POLLUTION CONTROL BOARI~

 CLERK?S

OFFICE

PEOPLE OF THE STATE OF ILLINOIS,

)

DEC

1995

Corn lainant

STATE

OFIWNOfS

 POLLUT~O14

CONTROL

SOAF

v.

)

PCB

 94—274

 (Enforcement)

CHICAGO. STEEL RULE DIE &

)

FABRICATORS COMPANY,

 an Illinois

)

corporation,

Respondent.

STIPULATION AND PROPOSAL POR SETTLEMENT

Complainant, PEOPLE OF THE STATE OF ILLINOIS, by their

attorney,

JAMES

 E. RYAN, Attorney General of the State of Ii—

liriois,

 at the request of the Illinois Environmental Protection

Agency (“IEPA” or “Agency”), and Respondent, CHICAGO STEEL RULE

DIE & FABRICATORS COMPANY, by its attorney, JOHN WARD of O’Keefe,

Ashendon, Lyons

 & Ward,

 do hereby submit this Stipulation and

Proposal for Settlement.

 The parties agree that the statement of

facts contained herein represents a fair summary of the evidence

and testimony which would be introduced by the parties if a full

hearing were held.

 The parties have decided to forego a deter-

mination of whether Respondent

 is liable for the alleged viola-

tions in the interest of avoiding the expense and uncertainty of

litigation.

 The parties further stipulate that this statement of

facts is made and agreed upon for purposes of settlement only and

that neither the fact that a party has entered into this Stipula-

tion, nor any of the facts stipulated herein, shall be introduced

into evidence in this or any other proceeding except to enforce

the terms hereof by the parties to this agreement.

 Notwithstand-

ing the previous sentence, this Stipulation and Proposal for Set-

tiernent and any Pollution Control Board

 (“Board”) Order accepting

same may be used in any future enforcement action as evidence of

a past adjudication of violation of the Act for purposes of Sec-

tion 42(h)

 of the Illinois Environmental Protection Act

 (“Act”),

415 ILCS 5/42 (h)

 (1992).

 The agreement shall be null and void

unless the

 Board approves and disposes of this matter on each

and every one of the terms and conditions of the settlement set

forth herein.

I.

JURISDICTION

The Board has jurisdiction of the subject matter herein

and of the parties consenting hereto pursuant to the Illinois

Environmental Protection Act (“Act”), 415 ILCS 5/1

 (1992) et

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,

—2—

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 requirAd to comply

with the provisions of this Settlement.

Iv.

STATEMENT OF FACTS

1.

 The IEPA is an administrative agency established in

the executive branch of the State government by Section 4 of the

Act,

 415 ILCS 5/4

 (1992),

 and charged,

 inter alia, with the duty

of enforcing the Act.

2.

 Respondent, CHICAGO STEEL RULE DIE & FABRICATORS

COMPANY

 (“Chicago Steel”),

 is an Illinois corporation.

 At all

time relevant to the Complaint, Chicago Steel has owned and oper-

ated a facility located at 6630

 W. Wrightwood, Chicago, Cook

County,

 Illinois.

 At this facility,

 Chicago Steel manufactures

steel rule dies, wood speaker cabinets, television backing plates

and furniture.

3.

 Within its facility, Chicago Steel operates punch

presses, saws,

 routers, two

 (2) paint spray booths, one

 (1) silk

screen machine, one

 (I) vinyl-to-wood laminating line with bag-

house

 arid two

 (2) boilers to process scrap wood and sawdust.

Chicago Steel also installed a Wheelabrator cyclone in 1991

to

control particulate emissions from the two boilers.

—3—

4.

 Sections 3.02 and 3.06 of the Act,

 415 ILCS 5/3.02

and 3.06

 (1992), provide the following definitions:

“CONTAMINANT” is any solid, liquid or gaseous

matter,

 any order,

 or any form of energy, from

Whatever source.

“AIR POLLUTION”

 is thepresence in the atmo-

sphere of one or more contaminants

 in suffi—

cient quantities and of such characteristics

and duration as to be injurious to human,

plant,

 or animal life,

 to health, or to proper-

ty, or to unreasonably interfere with the en-

joyment of life or property.

5.

 Section 9(a) of the Act,

 415 ILCS 5/9(a)

 (1992),

provides as follows:

No person shall:

a.

 Cause or threaten or allow the dis-

charge or emission of any contaminant

into the environment in any State so

as to cause or tend to cause air p01-

lution in Illinois, either alone or

in combination with contaminants from

other sources, or so as to violate

regulations or standards adopted by

the Board under this Act.

6.

 Section 212.201 of the Illinois Pollution Constrol

Board

 (“Board”) Air Pollution Regulations,

 35 Ill.

 Adm. Code

212.201, provides in pertinent part as follows:

Section 212.201

 Existing Sources Using

Solid Fuel Exclusively

Located in the Chicago

Area

No person shall cause or allow the emission

of particulate matter into the atmosphere

from any existing fuel combustion source

using solid fuel exclusively,

 located in the

Chicago Major Metropolitan Area,

 to exceed

0.15 kg of particulate matter per NW-hr of

actual heat input in any one hour period

(01 lbs/MBtu/hr).

—4—

7.

 From at least March 28,

 1990 and continuing to the

present,

 Complainant alleges Chicago Steel has caused and/or al-

lowed the emission of particulate matter into the atmosphere in

excess

of

the limit set forth in 35 Ill. Adm.

 Code, Section

212.201.

8.

 The Wheelabrator cyclone, which Chicago Steel in-

stalled in 1991, has not succeeded in controlling the particulate

emissions from the gas-fired woodburning boilers.

 Stack tests

conducted in May,

 1994, pursuant to the construction permit, in-

dicated that additional compliance measures are needed.

 Chicago

Steel was issued a construction permit by the Agency on March 29,

1995,

 for a baghouse to be installed in line with the cyclone.

Chicago Steel has received a guarantee from the manufacturer that

this additional control will bring particulate emissions within

the allowable limitations.

9.

 Section 201.102 of the Pollution Control Board’s

Air Pollution Rules,

 35 Ill. Adm.

 Code 201.102, provides, in per-

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.

“Air Pollution Control Equipment”:

 any equip-

ment or facility of a type intended to elimi-

nate,

 prevent,

 reduce or control the emission

of specified air contaminants to the

atmosphere.

“New Air Pollution Control Equipment”:

any

air pollution control equipment, the construc-

tion or modification of which is commenced on

or after April

14,

 1972.

—5—

“Air Contaminant”:

 any solid, liquid or gas-

eous matter, any odor or any form of energy,

that is capable of being released into the

atmosphere from an emission source.

“Specified Air Contaminant”:

 any air contami-

nant as to which this Subtitle contains emis-

sion standards or other specific limitations.

10.

 The two paint spray booths, one silk screen

machine and the vinyl-to-wood laminating line emit,

 or are

capable of emitting, volatile organic compounds,

 a specified air

contaminant, to the atmosphere.

 This equipment was constructed

after April

14,

 1972 and are new emission sources as that term

is

defined in 35 Ill. Adm. Code 201.102.

11.

 The punch presses,

 saws,

 routers, vinyl—to-wood

laminating line and two gas-fired boilers emit,

 or are capable of

emitting particulates, a specified air contaminant to the atmo-

sphere.

 The baghouse controlling the vinyl-to—wood laininiating

line, punch presses, saws and routers,

 is equipment intended to

eliminate,

 prevent, reduce or control the emission of a specified

air contaminant, particulates, to the atmosphere.

 This equipment

was constructed after April 14, 1972 and are new emission sources

and air pollution control equipment as that term is defined in

35

Ill. Adm. Code 201.102.

12.

 Section 9(b)

 of the Act, 415 ILCS(b)

 (1992), pro-

vides as follows:

No person shall:

b.

 Construct,

 install, or operate any

equipment,

 facility, vehicle, vessel, or

aircraft capable of causing or con-

tributing to air pollution or designed

to prevent air pollution of any type

—6—

designated by Board regulations, without

a permit granted by the Agency, or in

violation of any conditions imposed by

such permit.

13,

 Section 201.143

of the

Pollution Control Board’s

Air Pollution regulations,

 35 Ill. Adm. Code,

 201.143, provides

as follows:

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

aconstruction 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.

14.

 The equipment listed in paragraphs 10 and 11

herein must have an operating permit issued by the Agency because

it constitutes air pollution control equipment and/or emission

sources or units.

15.

 From at least May 22,

 1974 and continuing to Oc-

tober

21,

 1991,

 Chicago Steel operated the woodworking equipment

and baghouse listed in paragraph 10 without the required Agency

operating permit.

 This equipment is currently permitted

 (see

attached Exhibit A), with an expiration date of September

16,

1996.

16.

 From at least May 22,

 1974 and continuing to

November 6,

 1992,

 Chicago Steel operated the vinyl-to—wood

—7—

laminating line listed in paragraph 11 without the required Agen-

cy operating permit.

 This equipment is currently permitted (see

attached Exhibit B), with an expiration date of September 16,

1996.

NATURE OF RESPONDENT’S OPERATIONS AND CONTROL EQUIPMENT

Chicago Steel operates a woodworking shop at its

Wrightwood Avenue facility.

 It manufactures wood speaker cabi-

nets, television backing plates and furniture.

 The facility also

manufactures steel rule dies to punch out various shaped openings

in wood and particle board sheets on punch presses.

 The wood-

working equipment is vented to a baghouse.

 The facility also

operates two lacquer hand air spray booths with fiberglass

 fii-

ters,

 four silk screen machines with two gas-fired dryers and one

vinyl adhesive laminating line.

 The two gas-fired, woodburning

boilers use scrap wood and sawdust as fuel.

 In 1991,

 a Wheela-

brator cyclone was installed to control particulate emissions

from these two boilers

 (See attached Exhibit C).

 A stack test

performed pursuant to construction permit conditions demonstrated

that additional compliance measures are

necessary.

Chicago

Steel

was issued a contruction permit,

 Permit No.

 95020095, on March

29,

 1995,

 for an additional baghouse to control particulate emis-

sions from the Whee.abrator

 cyclone

 (See attached Exhibit D).

Chicago Steel has ordered this equipment and expects it to be

operational by December 31,

 1995.

—8—

VI.

EXPLANATION OF PAST FAILURES TO COMPLY WITH THE ACT

1.

 Agency files indicate Chicago Steel’

 facility was

originally inspected in 1973-74.

 The Agency issued a letter

citing failure to obtain an operating permit for the facility,

including the two boilers,

 on July 11,

 1974.

 Chicago Steel for-

warded material to the Agency, and the Agency requested addition-

al information which was never received.

 As a result, the permit

application was denied on September

13,

 1974, citing the two

woodburning boilers.

2.

 The Agency next inspected Chicago Steel on April

27, 1990.

 A Compliance Inquiry Letter (“CIL”)

was

 sent following

the discovery of apparent permitting violations by the Agency

inspector.

 Chicago Steel subsequently obtained both an operating

permit

 and a construction permit for the Wheelabrator cyclone.

Chicago Steel cites the change of management personnel as a rea-

son for the lapse in permitting status and delay in compliance

for its particulate emissions.

3.

 From the period of 1974 until 1990, Chicago Steel

experienc~eda number

of management an~personnel changes such

that its emissions violations were not resolved.

4.

 Chicago Steel has received a construction permit

for an additional baghouse from the Agency on March 29, 1995.

This equipment will be placed and operated in line with the cy-

clone to additionally control particulate emissions from the gas-

fired woodburning boilers.

—9—

VII-

FUTURE

 PLANS OF COMPLIANCE

Respondent, Chicago Steel, shall diligently conform to

the Board’s permit regulations and shall cease and desist from

further violations of the Act and the regulations promulgated

thereunder.

 Additionally, Chicago Steel has committed to add

more controls to its Wrightwood Avenue facility and conduct ap-

propriate testing to ensure compliance with the applicable air

pollution regulations for particulate matter, as delineated in

Special Conditions

 1 through 8 of the Construction Permit issued

March 29,

 1995, which is attached hereto at Exhibit D and incor-

porated by reference herein the same as though specifically set

forth.

VIII.

IMPACT ON THE PUBLIC RESULTING FROM NON-COMPLIANCE

Section 33(c)

 of the Act,

 415 ILCS 5/33(c)

 (1992), pro-

vides as follows:

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:

2.

 The social and economic value of the

pollution source;

The

suitability

unsuitability

the

pollution

source

the

area

which

located,

including

the

question

priority of location in the area

involved;

—

10

—

 The technical practicability and

economic reasonableness of reducing or

eliminating the emissions,

 discharges or

deposits resulting from such pollution

source;

 Any subsequent compliance.

In response to these factors the parties state as

follows:

1.

 Impact to the public resulting from Chicago Steel’s

noncompliance was that particulate emissions exceeded the allow-

able limit for a lengthy period of time for the facility.

 Addi-

tionally,

 the Agency and the public were not privy to informa-

tion that is important to the control of air pollution in the

State of Illinois.

 The permit process is the only method avail-

able for the State to identify possible air pollution sources and

their

control.

2.

 The parties agree that Chicago Steel’s facility is

of social and economic benefit.

3.

 The parties agree that Chicago Steel is located

a suitable area.

4.

 The People state that it was practicable and

economically reasonable for Chicago steel to obtain the appropri-

ate Agency permits and to control the excess particulate emis-

sions from the woodburning boilers.

 The People also state that

it is technologically possible to switch the boilers to gas fuel,

although Chicago Steel maintains this option is not economically

reasonable.

—

11

5.

 Chicago Steel has obtained the necessary operating

permits, installed some of the necessary air pollution control

equipment,

 and conducted testing.

 Chicago Steel has since ob-

tained

a

subsequent construction permit for additional equipment

to control

 its particulate emissions and has committed to making

said equipment operational by December 31,

 1995.

Ix.

CONSIDERATION OF SECTION 42(h) FACTORS

section 42(h)

 of the Act,

 415 ILCS 5/42(h)

 (1992), pro-

vides as follows:

In determining the appropriate civil penalty

to be imposed under subdivisions

 (a),

 (b) (1),

(b)(2),

or

 (b)(3) of this Section, the Board

is authorized to consider any matters of

record in mitigation or aggravation of penal-

ty, including but not limited to the follow-

ing factors:

(1)

 the duration and gravity of the

violation;

(2)

 the presence or absence of due diligence

on the part of the violator in attempt-

ing to comply with requirements of this

Act and regulations 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 violations

by the violator and to otherwise aid in

enhancing voluntary compliance with this

Act by the violator and other persons

similarly subject to the Act; and

(5)

 the number, proximity in time,

and

gravity of previously adjudicated viola-

tions of this Act by the violator.

—

12

—

In response to these factors, the parties state as

follows:

(1)

 chicago Steel operated the two

 (2) gas-fired,

woodburning boilers,

 in excess of particulate limitations for a

lengthy period of time.

 Chicago Steel also operated sixteen

 (16)

mixers, two

 (2) condensers, two

 (2) gas-fired boilers, one

(1)

dualite production process with condenser and baghouse, twenty-

two

 (22)

 storage tanks, and three

 (3) hot melt kettles from Au-

gust 24,

 1989, to December 12,

 1990,

 without an operating permit.

Chicago Steel has discharged excess emissions of particulates for

an extended period of time and will need additional air pollution

control equipment to comply with applicable emission limits.

(2)

 Chicago Steel did subsequently comply with air

pollution control requirements by obtaining the necessary operat-

ing permits, which were issued by the Agency on October 21,

 1991,

and November

6,

 1992.

 Chicago Steel also obtained a construction

permit for air pollution control equipment on October 24,

 1991,

and subsequently installed and tested this equipment.

 As a

result of the testing, Chicago Steel needed to add additional

pollution control equipment and received a construction permit

for same from the Agency on March 29,

 1995.

(3)

 chicago Steel received an economic benefit by rea-

son of non-compliance in that it deferred the cost and expenses

of obtaining an operating permit and

installing additional pollu-

tion control equipment for a substantial period of time.

—

13

—

(4)

 Twenty—fiVe thousand dollars

 ($25,000.00)

 is a

reasonable penalty based on the above stated violations and will

aid in enhancing voluntary compliance with the Act.

(5)

 Chicago Steel has no history of prior adjudicated

violations with the Agency.

TERMS

 OF SETTLEMENT

A.

 Respondent, Chicago Steel, neither admits nor de-

nies the violations of Sections 9(a) and

 (b) of the Act, 415 ILCS

5/9(a) and

(b)

 (1992), and 35 Ill. Adm. Code 212.201 and 201.143.

a.

 Respondent, Chicago Steel,

 shall pay a penalty of

TWENTY-FIVE THOUSAND DOLLARS

 ($25,000.00)

 into the Illinois En-

vironmental Protection Trust Fund within one

 (1) year from the

date on which the Pollution Control Board adopts a final order

approving this Stipulation and Proposal For Settlement.

 Payment

shall be made monthly, the first payment in the amount of TWO

THOUSAND

EIGHTY-THREE

 DOLLARS

AND

 THIRTY-SEVEN CENTS

 ($2,083.37)

and subsequent payments in the amount of TWO THOUSAND EIGHTY-

THREE DOLLARS

AND

 THIRTY-THREE CENTS

 ($2,083

•

33).

 Payments shall

be made by certified check or money order, payable to

the

Treasurer of the State of Illinois, designated to the Environmen-

tal 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

—

14

—

Chicago Steel Federal Employers Identification Number of its au-

thorized representative,

 shall be written upon the certified

check or money order.

C.

 Pursuant to Section 42(g)

 the Act, 415 ILCS 5/

42(g) (1992), interest shall accrue on any penalty amount not paid

within the time prescribed herein, at the maximum rate allowable

under Section 1003(a)

 of the Illinois Income Tax Act,

 35 ILCS

1003(a) (1992):

1)

 Interest on unpaid penalties shall begin

to accrue from the date the penalty pay-

ment is due and continue to accrue to

the date payment

 is received;

2)

 Where partial payment is made on any

payment amount that is due, such partial

payment shall be first applied to any

interest on unpaid penalties then owing;

3~

 All interest on penalties owed Complain-

ant, shall be paid by certified check

payable to the Treasurer of the State of

Illinois for deposit in the Environmen-

tal Protection Trust Fund and delivered

to:

Illinois Environmental Protection

Agency

Fiscal Services Division

2200 Churchill Road

P.O. Box 19276

Springfield,

 IL 627g4—9275

The name and number of the case and

Chicago Steel’s Federal Identification

Number (“FEIN”) shall appear on the face

of the check.

 Chicago Steel’s FEIN is

ID.

 Respondent, Chicago Steel, shall cease and desist

from further violations of the Act and regulations promulgated

thereunder.

 Chicago Steel shall also install and make operation-

al additional air pollution control equipment at its Wrightwood

—

15

—

Avenue

facility

December

31,

1995,

ensure

its

compliance

with applicable particulate emissions standards.

 Chicago Steel

shall also comply with any and al.

 conditions of its construction

permit,

 Permit No. 95020095,

 issued by the Agency on March 29,

1995,

 for this new equipment.

 This construction permit, attached

hereto as Exhibit

D,

 is incorporated by reference herein as

though each and every item were specifically set forth.

E.

 Respondent, Chicago Steel, shall cease and desist

from further violations of Sections 9(a) and

(b)

 of the Act, 415

ILCS

5/9(a)

 and (b)(1992),

 and 35 Ill.

 Adm.

 Code 212.201 and

201.143.

XI.

COMPLIANCE WITH OTHER LAWS

AND

REGULATIONS

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 Act, 415 ILCS

5/.

(1992),

 et ~g.,

 and the Illinois Pollution Control Board’s Air

Pollution 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 entry to

Chicago Steel’s facility at all reasonable times, for the pur-

poses of conducting inspections.

 In conducting any inspection of

—

16

—

Chicago Steel’s facility, the Agency,

its

employees and represen-

tatives, and the Attorney General, his agents and representa-

tives,

may take any photographs or samples as they deem necessary

in order to conduct their inspection.

XIII.

RELEASE

 PRO!’! LIABILITY

In consideration of Respondent’s payment of a TWENTY-

FIVE THOUSAND

DOLLAR

 ($25,000.00)

 penalty and commitment to

refrain from further violations of the Act, the Agency shall

release, waive and discharge Respondent from any further liabili-

ty or penalties from violations of the Act which were specifical-

ly alleged in the Complaint, upon compliance by Complainant of

all requirements set forth in Section X.

 of this Stipulation and

Proposal for Settlement.

 However, nothing in this Settlement

Agreement shall be construed as a waiver by Complainant of the

right to redress future violations or obtain penalties with

respect thereto.

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17

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WHEREFORE, Complainant and Respondent request that the Board

adopt and accept the foregoing Stipulation and Proposal for Set-

tlement as written.

AGREED:

FOR THE COMPLAINANT:

ILLINOIS ENVIRONMENTAL

PRO

 ION AGENCY

(

By.

J SEPH

 E. SVOBODA

nera.

 counsel

 ivision of Legal Counsel

Dated:

FOR THE RESPONDENT

CHICAGO STEEL RULE DIE

&

FABRICATORS COMPANY

By:

GE~ALDGUANCI

Dated:

JAMES

 E. RYAN

Attorney General

State of Illinois

MATTHEW

3.

 DUNN,

 Chief

Environmental Enforcement Division

By:

J~CS

WILLIAM

 D. SEITH, Chief

Environmental Bureau

Assistant Attorney General

Dated:

cbstl4c

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18

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