ILLINOIS
    POLLUTION
    CONTROL BOARD
    October 14, 1971
    ENVIRONMENTAL
    PROTECTION AGENCY
    )
    )
    )
    v.
    )
    t
    7l’203
    )
    )
    PURDY CO.
    Opinion of the Boas~d (by Mr. Currie):
    Purdy Co. operate~facilities for salvaging obsolete rail-
    road cars at Burnham, Illinois, and at Madison, Illinois. The
    once—accepted practice of open burning of these cars to remove
    combustible parts having been outlawed in 1965, Purdy in 1969
    was given permission (pursuant to a
    state—approved Air Contaminant
    Emission Reduction Program, or Acerp) to burn until June 4, 1971.
    We held on March 31, 1971, that the Air Pollution Control Board had
    no power to authorize more than one year’s variance at a time and
    refused to extend the Madison Acerp, warning that “any further open
    burning will be subject to severe money penalties.” Purely Co.
    v. EPA, 1 71—2.
    On July 15, 1971, the Agency filed the present complaint,
    alleging that open burning of railroad cars had continued at the
    Burnham facility. The respondent has admitted that the alleged
    burning has occurred, that two incidents occurred after publication
    of
    our opinion denying the Madison variance, and that one occurred
    after the June 4, 1971 date through
    which the company believed its
    Acerp to be valid. The number of cars burned does not appear. Thus the
    company admits a knowing violation of the Act and of the regulations.
    Purdy agrees to the entry of a cease and desist order forbidding
    the further burning of cars at the Burnham facility and to the
    payment of a penalty of $3,000. The Agency endorses this disposition.
    we agree that the consent ordn is appropriate.and that in light
    of the stipulation of facts there is no need fox an expensive and time-
    consuming hearing.
    ORDER
    1. Purdy Co. shall cease and desist from the open burning of railroad
    cars at its Burnham facility.
    2. Purdy Co. shall within ten days after
    receipt of this orde~pay
    a penalty of $3,000 to the State of Illinois.
    2—649
    I, Regina E,
    Ryan, Clerk of the Pollution Control Board, certify
    that the Board adopted the above Opinion this
    14
    day of
    October
    ,
    1971.
    2
    65(i

    Back to top