ILLINOIS POLLUTION CONTROL BOARD

October 14,

1971

JOHN JUERGENSMEYER

)

v.

)

 70—35

FOX VALLEY GREASE BLENDING CO.

Opinion of

th~

Board

 (by Mr.

 Currie):

This case originated

 upon

 a citizen complaint alleging that

Fox Valley Grease Blending

Co.

 was causing both water and air pollution

by discharging grease and other pollutants

 into

 the Fox River at

South Elgin.

 After the company~announced the closing of

 its plant

and the consequent cessation Of pollution at that site,

 the initial

complainant was satisfied,

 But the Environmental Protection Agency,

which had been asked

 for its comments,

 intervened with

 a further

complaint seeking money penalties

 for the past infractions and

alleging

 in addition

 that the company~snew plant,

 in Huntley,

Illinois

 (McHenry County)

 had begun operation without obtaining

the necessary permit

 for its water pollution control facilities.

A hearing was scheduled,

The parties have stipulated to all the necessary

 facts,

 so no

hearing will be required.

 The company admits that until the business

was moved it ‘~regularlydischarged more than 100 gallons

 of heated

waste fluids daily

 into Popular Creek,

 a tributary of the Fox River,

and these waste fluids contained particles ofgrease

 and grease

by-products which caused water pollution

 in violation of Section

12(a)

 of the Environmental Protection Act”;

 that

 “an odor was given

off by the business

 that tended to cause air pollution

 in violation

of the Environmental Protection Act, Section 9(a)”;

 and that

 ~the

operation of Respondent~s plant in Huntley,

 Illinois, withdut

a

permit from the Environmental Protection Agency is

 a violation of

Section

 12(b)

 of the Environmental ProteOtion Act.”

The company further agrees to pursue

 its permit application,

which was filed after notification of the need for

 a permit by the

Agency,

 and in,the event

 the permit

 is denied and review exhausted,

has agreed not to operate

 in violation

 of the Act or regulations.

The only issue remaining is that of money penalties.

The

 Agency

asks

 a penalty

 of not

 less than

 $3,000;

 the company asks that the

penalty not exceed

 $300.

 We think

 in view of the

 two wholly separate

violations

 involved,

 the permit case coming

 after

 the company already

was

 in trouble over pollution,

 and in light

 of the fact that the

initial offense was continuous,

 long—standing, and serious enough

to prompt the filing of

 a forrani citizen complaint,

 a penalty of

$3000

 is aepropriate:

 $2000

for

 the air

 and water pollution

at

579

South Elgin and $1000

 for the failure to obtain

 a permit.

ORDER

1.

 Fox Valley Grease Blending Co.

 shall pursue the pending application

for

 a permit to operate the facilities at Huntley,

 Illinois,

and

 in the event the permit is denied

 and its remedies for

review exhausted,

 it shall not operate

 its plant in violation

of

 the Environmental Protection Act or of regulations effective

thereunder.

2.

 Fox Valley Grease Blending Co.

 shall within

 35 days after receipt

of this order pay to the State of Illinois

 a penalty of

 $3000.

I.

 Regina B.

 Ryan, Clerk of the Pollution Control Board, certify

that the Board adopted the above Opinion this

14

 day of

October

 ,197l.

—

580