ILLINOIS

POLLUTION

CONTROL BOARD

November ~9,

l9~7

ILLINOIS ENVIRON~4ENTAL

PROTECTION AGENCY,

Complainant,

V.

)

POE 86—136

PAR STEEL PRODUCTS AND

SERVICE,

CO.

INC.,

an Illinois Corporation,

Respondent.

MR. GERALD KARR, ASSISTANT ATTORNEY GENERAL AND ~R. JOSEPH

PODLE~SKIAPPEARED ON BEHALF OF COMPLAINANT,

ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY;

MR. MELBOURNE A. NOEL,

JR.

OF LASER, SCHOSTOCK, KAPLAN

AND

FRANK

APPEARED ON BEHALF OF RESPONDENT, PAR STEEL PRODUCTS COMPANY,

INC.

OPINION AND ORDER OF THE BOARD:

(Dy J.D. Dumelle):

This matter comes before tne Board on a September

5,

1986

three

3j

Count Complaint

filed on benaif

of the Illinois

Environmental Protection Agency

Agency

by

the Illinois Attorney

General’s Office.

Count I alleges failure

to obtain required

construction permitsj.

Count II

alleges failure

to obtain

required operating permits

.

Count

III alleges failure

to

submit

a fugitive particulate matter operating program.

Hearing was held

at 100 W. Randolpn Street, Suite *11—500,

Chicago,

IL on June

29,

1987,

both parties were represented by

counsel and no members

of the public attended

or participated.

Respondent,

an Illinois Corporation located

at

383 B.

16th

Street, Chicago Heights,

Ii. manufactures

and installs steel

shelving

units and display

racks

for commercial and industrial

establisnments.

Respondent

also manufactures composite shelves

of metal

and wood.

Hot degreasers,

spray paint booths,

a curing

oven and tnree wood saws are utilized by Respondent

in

its daily

manufacturing operations.

At hearing

the parties introduced

a Stipulation And Proposal

For Settlement.

That Stipulation

is attached and addresses

the

facts

in tnis matter.

In sum,

Respondent

admits

to the

violations

and ayrees

to pay a penalty of

five thousand dollars

I$5,00U

to

the Environmental Protection

Trust

Fund.

The

Stipulation elucidates

the pertinent

facts.

83—33

---

The Board

has considered

a_I

tne

facts, circumstances ~nd

tne proposed

settlement

in

Ilynt

of

the criteria set fortn

at

ill.

Rev.

Stat.

ct-i ±111/2 par 1033(c)

and

finds the Stipulation

And Proposal For Settlement acceptable

under

35

Ill.

Adm.

Code

Section 103.180.

Accordingly,

tne Board ordars Respondent

to

comply with

the order

set forth

oelow.

This Opinion’and Order

constitutes

tne Board’s

findings

of

fact and conclusions of law

in tnis matter.

ORDER

It

is the Order

of

tne Illinois Pollution Control

Board

that:

1.

The Board

finds Respondent,

Par Steel

Products and

Service Company,

Inc.,

in violation of

Ill.

Rev.

Stat.

cn 111

1/2 par 1009(a), 1009(b)

and

35

Ill. Adm.

Code

Sections

201.144, 201.143,

212.309.

The Board

therefore accepts

the Stipulation And Proposal For

Settlement executed by Complainant,

Illinois

Environmental Protection Agency and Respondent,

Par

Steel Products and Service Company,

Inc.,

filed with

this Board

on July 21,

1987.

The terms

and conditions

for Settlement,

which

is attached hereto,

and made a

part hereof,

are incorporated into tnis Order.

2.

Respondent

shall,

by certified check or money order,

payable

to

the State

of Illinois and designated

for

deposit

into

the Environmental Protection Trust Fund,

pay

the sum of

five tnousand doilars

~5,000j

.

Tne sum

shall

be paid within 30 days of the date of

this

order.

Payment

snall

be mailed

to:

Fiscal Services Division

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield,

IL 62706

IT

IS SO ORDERED.

Board Memoer

3.

Theorore Meyer dissented

I,

Dorothy M.

Gurin, Clerk

of

the Illinois Pollution Control

Board, hereby certify

tn

t

the above

Opinion and Order

was

adopted on the

/

day of

_____________,

1987 by

a vote

of

____________

Dorothy M~Gunn,

Clerk

Illinois Pollution Control Board

83—34

---

-:

~UL2

STATE

OF

ILLINOIS

)

J~J

)

STATEOFtLLINu~

COUNTY

OF

COOK

)

—

POLLUTION CONThOL

BDAF~D

j

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

I LLINOI S

ENVIRONMENTAL

PROTECTI ON

AGENCY,

Coirtplainant,

V.

)

PCB

66—136

PAR STEEL PRODUCTS and SERVICE CO.,

INC.,

an Illinois Corporation,

RESPONDENT.

NOTICE OF FILING

TO:

JOSHUA

SACHS

MELBOURNE

NOEL

Hearing Officer

Laser,

Schostok, Kolman

127 North Dearborn Street

& Frank

Suite 930

189 West Madison Street

Chicago, Illinois 60602

Chicago, Illinois 60602

PLEASE TAKE NOTICE that

I have today

filed with the Clerk of

the Pollution Control Board, Stipulation and Proposal For Settle-

inent

in

the above—captioned matter,

a copy of which

is attached

and served upon you.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

NEIL

F.

HARTIGAN

Attorney General

State

of

Illinois

By:

~

~.

~

GERALD

T.

KARR~

Assistant

Attorney

General

Environmental

Control

Division

100

West

Randolph

Street,

13th

Fir.

Chicago, Illinois

60601

DATED:

July

21,

1987

(312)

917—5020

83—35

---

(~l~

~

~7

j,~7

STATE

OF

ILLINOIS

)

(j

COUNTY OF COOK

)

~

BEFORE THE ILLINOIS POLLUTION CONTROL BOAR

)

t’—

~

(75~

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

Complainant,

)

/

-

I-

v.

)

PCB

86—136

PAR STEEL PRODUCTS and SERVICE CO.,

INC.,

an Illinois corporation,

)

Respondent.

STIPULATION AND PROPOSAL FOR SETTLEMENT

Now comes Complainant,

Illinois Environmental Protection

Agency, by its Attorney, Neil

F.

Hartigan, Attorney General

of

the State of Illinois, and Respondent,

Par Steel Products and

Service Company,

Inc.,

an Illinois corporation, by its attorney

Melborune Noel,

and do hereby submit this Stipulation and

Proposal for Settlement.

The parties agree that statement

of

facts contained herein represents a fair summary of the evidence

~

and testimony which would be introduced by the

if a full

hearing

were

held.

The

parties

further

stipulate

that

this

statement

of

facts

is

made

and

agreed

upon

for

purposes

of

set-

tlement

only

and

that

neither

the

fact

that

a

party

has

entered

into

this

Stipulation,

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 agree-

ment.

The agreement shall be null and void unless the Illinois

83—36

---

Pollution Control Board

(hereinafter

“Board”), approves and dis-

poses of this matter on each and every one of the terms and con-

ditions of the settlement set forth herein.

STATEMENT OF FACTS

1.

Complainant,

Illinois

Environmental

Protection

Agency

(hereinafter

“Agency”)

,

is

an

administrative

agency

established

in

the

executive

branch

of

the

State

government

by

Section

4

of

the

Illinois

Environmental Protection Act

(hereinafter “the

Act”),

Ill.

Rev.

Stat.,

oh. 111—1/2,

par.

1001

et

~g.,

1985,

and

charged,

inter

alia,

with

the

duty

of

enforcing

the

Act,

pursuant

to

Title

VIII

thereof

and

recovering

civil

penalties

pursuant

to

Title

XII

thereof.

2.

Respondent,

Par

Steel

Products and Service Company,

Inc.,

(hereinafter “Par”)

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, Par has caused or

allowed the operation of a business located at 383 East 16th

Street,

Chicago Heights, Cook County,

Illinois.

3.

Par manufactures and installs steel shelving units and

display racks for commercial and industrial establishments.

Par

also manufactures composite shelves of metal and wood.

In the

manufacturing process Par uses

a hot degreaser,

spray paint

booths,

a curing oven and three wood saws.

83—37

---

4. On July 11,

1985 an

Agency

employee

observed

the

ir.stal—

lation of a wood saw at Par’s facility.

The Agency has never

granted Par

a permit to install

or construct this wood saw.

5.

Since July

11, 1985 and until the filing of the complaint

in this action Par caused or allowed the construction of a wood

saw without an Agency permit,

in violation

of Section 9(b)

of the

Act

and

35

Ill.

Adm.

Code

Section

201.142.

6.

Since

July

11,

1985

and

up

to

and

including

the

time of

filing

the

complaint

in

this

action,

Par

has

caused

or

allowed

the

operation

of

a

hot

degreaser

and

three

wood

saws

without

the

Agency ever granting operating permits

for

these

emission

sources,

in violation of Section 9(b)

of the Act and 35 Ill.

Adma.

Code

Section

201.143.

7.

Since

July

11,

1985

and

up

to

and

including

the

filing

of

,~

the

complaint

in

this

action

Par

~

failed

particulate

matter

operating

program,

in violation of Section

9(a)

of

the

Act

and

35

Ill.

Adm.

Code Section 212.309.

8.

By

a

letter

dated

September

11,

1985

Par

was

notified

of

these

apparent

violations

and

given

an

opportunity

to

meet

with

Agency

personnel

to

resolve

these

problems.

Par

failed

to

respond

to

the

letter.

9.

On

August

11,

1986

Par

submitted

to

the

Agency

the

appro-

priate operating permit ap~licationsand a fugitive particulate

matter

operating

program.

83—38

---

10. A complaint was filed on September

5,

1986 alleging the

above violations.

11. On September 19,

1986, the Agency granted Par’s operat-

ing permit for its wood saws and degreaser and on September 22,

1986 found

its fugitive particulate matter operating program to

be acceptable.

(Copies attached as Exhibit A and B respectively)

PROPOSAL FOR SETTLEMENT

As

a result of the settlement discussions between the

parties and of actions taken by Par, the parties believe the pub-

ho

interest will be best served by resolution of this enforce-

ment action under the terms and conditions provided herein.

This

proposal for settlement

is expressly conditioned upon and effec-

tive only with the approval thereof

in all respects by the Board.

All statements contained herein are agreed to for the purposes of

settling this action only and shall be null and void and of no

effect in any further proceeding or cause of action if the Board

does not approve this proposal for settlement in its entirety.

TERNS OF SETTLEMENT

Par and the Agency have agreed to the following Terms of

Settlement.

These terms shall be in full settlement cf the ac-

tion fil~dherein by the Agency and Res~ondent’sliability for

~

c~’~

,‘(-CF~

~

~~-e&

~

all

o ations ~

a~/-~,

1. The Agency contends and Respondent admits the facts as

set out in the Complaint constitute the following violations

of

the Act and the Board Regulations:

83—39

---

Count

I:

Section 9(b)

of the Act and 35

Ill.

Adm.

Code

Section 201.142.

Count

II:

Section 9(b)

of the Act and

35

Ill.

Adm. Code

Section 201.143.

Count

III: Section 9(a)

of the Act and

35 Ill.

Adit.

Code

Section 212,309.

2. Respondent agrees to abide by all terms and conditions

of

all oPerating permits issued by the Agency.

3. Respondent agrees to cease and desist from any and all

violations of the Illinois Environmental Protection Act and Rules

and Regulations of the Illinois Pollution Control Board.

4. The parties enter into this Stipulation and Proposal for

Settlement and Respondent agrees to pay a penalty specified

in

this paragraph in order to avoid the substantial costs, incon-

veniences,

uncertainties of further litigation.

In order to

resolve this dispute and as a condition of settlement,

Respondent

agrees to pay a penalty of five thousand dollars

($5,000.00)

into

the Environmental Protection Trust Fund within 30 days from the

date on which the Board adopts a final order approving,

accepting

and incorporating this Stipulation and Proposal for Settlement.

The Agency deems the payment to be appropriate to aid in the en-

forc-emeift of the Act under the circumstances of this case.

Fac-

tors bearing on this penalty amount include the ease with which

Respondent could achieve compliance and the lack of substantial

harm to the environment while out of compliance.

S3—40

---

WHEREFORE,

Complainant and Respondent jointly request that

the Board adopt and accept the foregoing Stipulation and P oposal

for Settlement as written.

For Complainant

Illinois Environmental

p,

By:

Jo ep~’Svobod~

M na~erEnforcement

rograms

Dated:_______________

83—41

For Respondent

Par Steel Products and

Service Company,

Inc.

By:__________

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EXHIBIT

B

83—43

---

CERTIFICATE

OF

SERVICE

I, GERALD T.

KARR,

an attorney hereby certify that

I caused

a true and accurate copy of the attached Stipulation and Propoa.al

For Settlement to be served upon,

Joshua Sachs

Melbourne Noel

Hearing Officer

Laser,

Schostok, Kolman

& Frank

127 North Dearborn Street

189 West Madison Street

Suite 930

Chicago,

Illinois 60602

Chicago,

Illinois 60602

by causing said copy to be mailed first class mail postage pre—

paid,

to the addresses indicated above,

from 100 West

Randolph

Street,

Chicago, Illinois 60601, on July 21,

1987.

GERALD

T.

KARR

83—44