ILLINOIS POLLUTION CONTROL BOARD
March
10,
1988
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
PCB 85—101
CAPITAL ENGINEERING
AND MANUFACTURING COMPANY,
an Illinois Corporation,
Respondent.
MS. NANCY
J.
RICH AND MR.
GERALD T.
KERR, ASSISTANT ATTORNEYS
GENERAL, APPEARED ON BEHALF OF THE COMPLAINANTS.
MR.
MICHAEL
F.
DOLAN OF SEYFORTH,
SHA~q, FAIRWEATHER AND GERALDSON
APPEARED ON BEHALF OF THE RESPONDENTS.
OPINION AND ORDER OF THE BOARD
(by Michael Na~dul1i)
This matter comes before
the Board upon
a July
9,
1985
complaint filed by the Environmental Protection Agency
(hereinafter “Agency”),
by and through
its attorney,
Neil
F.
Hartigan, Attorney General
of the State of
Illinois.
The
Respondent, Capital Engineering
and Manufacturing Company, an
Illinois Corporation (hereinafter
“Capital Engineering”),
has,
for
all times pertinent
to this action,
owned
and operated
a
business at 14600 South Lincoln Avenue, Harvey,
Cook County,
Illinois.
Respondent’s Harvey facility is a large
job shop which
produces fabricated
metal products from flat and rolled
steel.
In conjunction with the fabrication of metal products,
Capital
Engineering operates two shotblasters, each equipped with a
baghouse,
and a painting line.
The facility
is
a source of both
particulate and hydrocarbon emissions.
Emissions sources at the
plant include the shotblasters with baghouses,
the painting line,
the parking
lot and several
roads.
Respondent
Capital
Engineering
is
charged
with
the
following:
1)
violation of Section 9(a)
of the Illinois
Environmental Prtection Act (hereinafter
“Act”),
Ill.
Rev.
Stat.,
ch.
111
1/2, para
1001.
et.seq.
(1983),
and
all
or part of Sections 201.142,
201. 143, and 201.144 of
the Air Pollution Requlations of the Pollution Control
Board (hereinafter
“Regulations”),
35
Ill.
Adm.
Code,
87—01
—2--
Subtitle
B, Chapter
I,
Subpart
C,
by failing
to obtain
Agency construction
and operating permits,
since January
24,
1972,
for each of
two shotbiasters equipped with
baghouses.
2)
violation
of
Section
9(a)
of the Act and Section
215.301
of
the
Regulations
by
failing
to obtain Agency
construction
and
operating
permits,
since
July
28,
1979,
for its paint line,
and
3)
violation of Section 9(a)
of the Act and Sections
212.306,
212.309 and 212.312 of the Regulations by
failing
to
file
and
maintain
with
the
Agency
a
minimum
operating program, since July
28, 1979,
for the
roads
and parking
facilities located
on
the property of
its
Harvey
plant.
On
January
29,
1988,
a pub1i~hearing was held on this
matter.
Prior
to hearing, the parties submitted
a Stipulation
and Proposal
for Settlement
(Stipulation).
The Stipulation
is
attached and adequately addresses
the facts
in this matter.
Accordingly,
this opinion will not contain
the customary
discussion
of
the
issues.
The Board
notes,
though,
that
according
to
the Stipulation,
Capital Engineering
“is not admitting
its liability
for
v.tclations alleged
in the Complaint.”
Also, the Stipulation
states that Capital Engineering will receive
a permit
to operate
each of
two shotbiasters equipped with baghouse and the painting
line within thirty
(30) days of the Board’s Order accepting
the
settlement agreement.
In
evaluating
this
enforcement
action
and proposed
settlement
agreement,
the
Board
has taken
into consideration all
the
facts
and
circumstances
in
light
of
the
specific
criteria
delineated
in Section
33(c)
of
the
Act
and
finds
the
Stipulation
and Proposal
for Settlement acceptable under
35
Ill.
Mm.
Code
103.180.
Accordingly,
the Board orders Capital Engineering
to
comply with the Order
set forth herein.
This Opinion
and Order constitutes
the Board’s findings of
fact and conclusions of law
in this matter.
ORDER
It
is the Order
of the Illinois Pollution Control Board
that:
1)
The Board hereby accepts the Stipulation and
Proposal
for
Settlement
executed
by
Capital
Engineering
and the Illinois Attorney General
concerning Capital Engineering’s Harvey
facility and
filed with the Board
on December
7,
1987.
The Stipulation and
the Proposal
for
87—02
—3--
Settlement is attached hereto and incorporated
herein.
2)
Capital Engineering shall pay $1,250.00
of the
total
$7500.00
contribution
within
30
days
of
the Board’s order accepting this stipulation
followed by five subsequent payments of
$1,250.00
each
for the next five successive
30—
day periods.
Such payment shall be
made
by
certified check or
money
order
payable
to
the
Illinois Environmental Protection Trust Fund
and
mailed
to:
Office
of
the
Attorney
General
Environmental
Control
Division
100 W. Randolph Street
—
12th Floor
Chicago,
IL
60601
Section
41
of
the
Environmental
Protection
Act,
Ill.
Rev.
Stat.
1985
ch.
111 1/2 par.
1041, provides
for appeal
of
final
Orders of the Board within 35 days.
The Rules of the Supreme
Court
of
Illinois
establish
filing
requirements.
IT
IS
SO
ORDERED.
I,
Dorothy
M.
Gunn,
Clerk
of
the
Illinois
Pollution
Control
Board, hereby certify that the above Opinion and Order was
adopted
on the
______________
day of _________________________
1988,
by
a
vote
of
7-b
~
~.
___
Dorothy
M. ‘Gunn, Clerk
Illinois
Pollution
Control
Board
87—03
Original
Do
Not
Remove
STATE OF ILLINOIS
)
COUNTY OF COOK
)
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
)
Complainant,
)
V.
)
PCB 85—101
)
CAPITAL ENGINEERING
AND
)
MANUFACTURING COMPANY, an
)
Illinois corporation,
)
Respondent.
STIPULATION
OF FACTS
AND
PROPOSED
SETTLEMENT AGREEMENT
Complainant, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, by
its attorney, NEIL F. HARTIGAN, Attorney General of Illinois and
Respondent, CAPITAL ENGINEERING
AND
MANUFACTURING COMPANY, by its
attorneys,
Seyfarth,
Shaw,
Fairweather
& Geraidson, state the
following as an agreed stipulation for settlement of this cause,
setting forth a full stipulation of all material facts pertaining
to the nature,
operations,
extent and causes of violations an
explanation for past alleged failures to comply and an assessment
on the public resulting from such noncompliance.
I.
BACKGROUND
1.
The Illinois Environmental Protection
Agency
(“Agency”)
is an agency of the State of Illinois, created pursuant to Sec-
tion
4
of the Illinois Environmental Protection Act
(“Act”), Ill.
Rev. Stat.,
oh.
111-1/2, par.
1004
(1985),
and charged with the
duty of enforcing the Act pursuant to Title VIII thereof.
87-04
1
—
2.
Respondent, Capital Engineering and Manufacturing Com-
pany
(“Capital”),
is an Illinois corporation which has at all
times pertinent hereto transacted business in the State of Il-
linois.
At all times relevant to this action,
Capital has caused
or allowed the operation of a business located at 14600 South
Lincoln Avenue, Harvey, Cook County,
Illinois
(“the Facility”).
Capital’s main business office is located at
5837
South Ashland
Avenue,
Chicago,
Illinois.
3.
Capital’s Harvey facility is a small business which
produces welded fabricated metal parts from steel plate.
Emis-
sion sources at the Facility include two shotblasters with bag-
houses,
a painting line,
a parking lot and one road.
II.
FACTS
RELATING
TO TEIS LITIGATION
4.
The Attorney General filed
the
complaint in the present
action on behalf of the Agency on July 9,
1985.
The complaint
contains three counts and alleges that Capital has caused or al-
lowed violations of the Illinois Environmental Protection Act
(“Act”), Il1.Rev.Stat., ch. 111—1/2, par. 1001 et seq.
(1985),
and the Air Pollution Regulations of the Pollution Control Board
(“Regulations”),
35 Ill. Adm.
Code, Chapter I, Subtitle B (1984).
The complaint further alleges that some of
the
violations at the
site have been continuously occurring since 1972.
5.
The nature of the alleged violations contained in the
Agency’s complaint may be summarized as follows:
Count
I:
Capital’s failure since January 24,
1972 to ob-
tain Agency construction and operating permits for each of two
shotblasters equipped with baghouses, in violation of Section
—2—
8
7—05
9(a) of the Act and Sections 201.142, 201,143 and 201.144 of the
Air Pollution Regulations.
Count
II:
Capital’s failure since July 28,
1979 to obtain
Agency construction and operating permits for its paint line,
in
violation of Section 9(a)
of the Act and Section 215.301 of the
Air Pollution Regulations.
Count III:
Capital’s failure
since December
31,
1982 to
file and maintain with the Agency a
minimum
operating program for
the roads and parking facilities located on the
property at
its
Harvey facility,
in violation of Section 9(a) of
the
Act and Sec-
tions 212.306,
212.309,
212.310 and 212.312 of Air Pollution
Regulations.
III.
COMPLIANCE
6.
Capital neither admits nor denies that the violations
set forth above have occurred.
7.
The Agency and Capital agree that in order to be of the
greatest economic and social value, Capital’s facility must be
operated in accordance with the Act and Air Pollution
Regulations.
8.
The Agency and Capital agree that compliance with the
Act and Air Pollution Regulations in the manner stated in this
settlement stipulation is technically practicable and economical-
ly reasonable.
NOW
THEREFORE,
the
Agency
and
Capital
hereby
stipulate
and
agree
to the following compliance program:
A.
Capital
shall
apply
for Agency permits for the
follow-
ing
equipment
at the Facility within
30
days
of
the
Board’s
order
accepting this proposed settlement agreement:
1.
Each of the two shotblasters equipped with baghouseS
as identified in Count
I of the Agency’s complaint;
and
—3—
87—06
2.
The painting line as identified in Count II of the
Agency
‘
s complaint.
B.
Capital shall file and maintain with the Agency a mini-
mum operating program in accordance with Section 212.306 of the
Air Po1luti~onRegulations of the Pollution Control Board,
35 Ill.
Adm.
Code, Chapter
I, Subtitle B, Section 212.306
(1984),
for the
roads and parking facilities located at the
Facility.
C.
Capital shall allow representatives of the Illinois
Environmental Protection Agency access to the site at reasonable
times for the purpose of conducting compliance inspections,
in
accordance with the provisions of the Act and subject to Capi-
tal’s constitutional rights.
D.
Capital
shall pay a contribution in the amount of
Seven-Thousand Five Hundred Dollars
($7,500.00) to the Illinois
Environmental Protection Trust Fund.
The amount of the contribu-
tion was reached after consideration of both aggravating and
mitigating factors.
Aggravating factors include the relative
ease with which compliance can be achieved and the Facility’s
location in an area that has failed to meet ambient air quality
standards.
Mitigating factors include Capital’s post-filling
willingness to achieve compliance, the economic conditions pre-
vailing in the area, the complexity of the applicable
rules
and
the Agency’s delay in pursuing an enforcement action subsequent
to its inspection of the Facility.
Capital shall pay $1,250.00
of the contribution within 30 days of the Board’s order accepting
this stipulation followed by five subsequent payments of
$1,250.00 each for the next five successive 30—day periods.
Such
—4—
87—07
payment shall be made by certified check or money order payable
to the Illinois Environmental Protection Trust Fund and mailed
to:
Office of the Attorney General
Environmental Control Division
100 West Randolph Street,
12th Fir.
Chicago, Illinois 60601
The name and number of the case shall appear on the check.
WHEREFORE,
Complainant and Respondent jointly request that
the Board adopt and accept the foregoing Stipulation and Settle-
ment Agreement as written.
ILLINOIS ENVIRONMENTAL
CAPITAL ENGINEERING
AND
PROTECTION AGENCY
MANUFACTURING COMPANY
~
By:_________
anager, Enforcement
DATED:
/~,
/9 F
7
DATED:
/ f8
7
gkstln
—5—
87—08