ILLINOIS POLLUTION CONTROL BOARD
February 17, 1994
PEOPLE OF THE STATE
)
OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCB 93—118
(Enforcement)
MARSCO MANUFACTURING CO.,
an Illinois Corporation,
)
Respondent.
OPINION
AND
ORDER OF THE BOARD (by M. McFawn):
This matter comes before the Board upon a one—count
complaint filed June 17, 1993, by Roland W. Burns, Attorney
General of the State of Illinois, on behalf of the People of the
State of Illinois, against Marsco Manufacturing Co. (Marsco), an
Illinois Corporation with a plant located at 2857 S. Halsted,
Chicago, Cook County, Illinois. The complaint alleges that
Marsco violated Section 9(a) of the Illinois Environmental
Protection Act (Act), 415 ILCS 5/9(a) and 35 Ill. Adiu. Code
SS212.32i, 212.123, and 218.926.
Pursuant to 415 ILCS 5/31(a) (1), the parties filed a joint
motion requesting relief from the Act’s hearing requirement on
June 17, 1993. The Board published a notice of the waiver on
July 28, 1993; no objection to grant of the waiver was received.
On August 11, 1993 the parties filed a motion to postpone
decision. The purpose was to allow the parties to negotiate
issues relating to an operating permit denial (PCB 93-132) which
could affect the terms of the stipulation in this case. The
Board granted the motion to postpone by order of August 26, 1993,
and granted a further postponement at the parties’ request by
order of November 4, 1993. The permit appeal was dismissed on
December 2, 1993, pursuant to Marsco’s motion for voluntary
dismissal.
On January 21, 1994, the parties filed a joint motion to
withdraw the June. 17, 1993 stipulation and proposal for
settlement and to replace it with a stipulation signed by Marsco
and the other parties on various dates in January, 1994. That
motion, which is in the nature of a motion to file an amended
stipulation, is hereby granted. Since the joint motion has been
construed as an amendment of the original filing, no additional
notice of filing is required to be published. The Board notes
that the parties reaffirmed the initial waiver, complainant
filing a motion requesting waiver, and respondent filing a motion
in support of the waiver request on January 26 and February 2,
1994, respectively.
2
The Stipulation and Settlement Agreement sets forth facts
relating to the nature, operations and circumstances surrounding
the claimed violations. Marsco applies heat—barrier to glass for
the appliance industry. This application process generates
particulate matter (PM) and volatile organic compound (VOC)
emissions. The Agency alleges that emissions from Marsco’s
operations have exceeded the air pollution limitations for PM,
VOC, and opacity set forth at SS212.32l, 218.926 and 212.123,
respectively. The Agency contends that the alleged PM and VOC
exceedances occurred at least as early as July 10, 1990 and
August 16, 1991, respectively, and continued presumably until
December 31, 1992 when Marsco completed installation of a Venturi
scrubber to control both pollutants. The Agency contends the
opacity violations occurred intermittently beginning July 10,
1990. Marsco neither admits to 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.
ORDER
1) The Board hereby accepts the Amended Stipulation and
Settlement Agreement executed by the People of the
State of Illinois and Marsco Manufacturing Co.
concerning its facility located at 2857 S. Haisted,
Chicago, Cook County, Illinois. The Amended
Stipulation and Settlement Agreement are incorporated
by reference as though fully set forth herein.
2) Marsco Manufacturing Co. shall pay the
sum
of twenty-
five thousand dollars ($25,000.00) within 30 days of
the date 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
3
The certified check or money order shall clearly
indicate on its face, Marsco Manufacturing Co.’s
Federal Employer Identification Number or Social
Security Number and that the 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) of Section 1003 of 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 accrue during the
pendency of an appeal during which payment of the
penalty has been stayed.
3) Marsco Manufacturing Co. shall cease and desist from
the alleged violations.
IT IS SO ORDERED.
Board member J. Theodore Meyer concurred.
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.
Adju.
Code
101.246, “Motions for Reconsideration.”)
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify. that the above opinion and order was
adopted on the
/7~
day of
____________________,
1994, by
avoteof ~
Dorothy M.~unn, Clerk
Illinois P~LlutionControl Board