ILLINOIS
    POLL~JTID~CO:~TR3L
    BO~D
    October
    15, 1987
    ILLINOIS ENVIRONMENTAL
    PROTECTION k~ENCY,
    Complainant,
    v.
    )
    PCB 86—50
    CHICAGO STEEL CONTAINER
    )
    CORPDRATI3~,
    Respondent.
    MS. MARCIA BELL3~SAPPEARED ON BEHLF
    OF COMPLAINANT.
    MR. BRETT VALIQUET APPEARED ON BEHALF
    OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by
    R.
    C.
    Flernal):
    This matter comes before the Board upon
    a settlement
    stioulation
    (“stioul3tion”)
    between
    the Illinois Environmental
    Protection Agency
    (“Agency”)
    and Chicago Steel Container
    Cor po~ation.
    Hearings were held
    on September
    4 and September
    18,
    1986.
    At the latter
    hearing
    the parties
    incorporated an unsigned copy
    of the stipulation
    into the
    record.
    By Order
    of
    April
    30,
    1987,
    the Board
    noted that
    it had
    still not received
    a signed copy of
    this document, and further
    noted
    that
    if the signed copy was not
    received by June
    1,
    1987,
    the Board would assume
    that this matter
    is
    not settled and would
    order
    an additional
    hearing
    set.
    By
    Order
    of July 16,
    1987,
    the Board again noted
    that
    it had not
    received
    a signed cooy of the stipulation
    and,
    assuming that
    this
    matter was not settled, directed the Clerk
    to schedule
    an
    additional hearing
    in this docket.
    The additional
    hearings were
    held
    on September
    15,
    1987 and September
    25,
    1987.
    A signed
    stinulation was submitted
    to the hearing officer
    at the Seotember
    25 hearing.
    The signed copy of the stipulation was submitted
    to
    the 3oard
    by the Hearing •Officer
    on Seotember
    28,
    1997.
    This proceeding was initiated by
    the filing
    of
    a three—count
    comolaint
    by the Agency on April
    14,
    1986.
    In Count
    I
    it
    is
    alleged
    that Respondent caused
    or allowed
    the construction and/or
    operation of painting booths, lining booths, main
    Paint and
    lining baking oven and drying ovens
    at
    its Kilbourn Avenue
    facility without the Agency having granted operating permits.
    It
    is further alleged
    that as
    a result of failure
    to obtain the
    required permits, Respondent has violated Sections
    9(a)
    and 9(b)
    of the Environmental Protection Act
    (“Act”),
    Ill.
    Rev.
    Stat.,
    ch.
    lll_l/2, para.
    1001 et.seg.
    (l9B5),
    and Section
    201.142
    and 201.143
    of the Air Pollution Regulations of the Pollution Control Board.
    82—251

    _.,
    In Count
    II
    it
    is alleged
    that since December
    31,
    1983,
    Respondent has
    failed
    to comoly with
    the volatile organic
    materials limitations
    for miscellaneous metal parts
    and products
    coating,
    in violation of Section 9(a)
    of
    the Act and Section
    215.204(j)
    of the Air Pollution Regulations.
    In Count
    III
    it
    is alleged
    that Respondent
    has failed
    to
    submit an emissions limitation compliance plan pursuant
    to 35
    Ill.
    Adm. Code 215.212
    and 215.213,
    and therefore that Respondent
    has violated Section 9(a)
    of
    the Act and Sections 215.121
    and
    215.213
    of the Air Pollution Regulations.
    In the stipulation
    it
    is noted
    that Respondent has attempted
    five times
    to obtain the necessary permits to
    ooerate
    its
    plant.
    It
    is further noted
    that each time Respondent attempted
    to obtain
    an aporopriate operating permit,
    it was denied
    a permit
    by the Agency,
    because
    the information given by Respondent
    to
    the
    Agency relating
    to volatile organic material
    “VOM”
    emissions was
    deemed inadequate by the Agency
    for
    it to determine whether
    there
    was compliance.
    The stipulation indicates that Respondent
    believes
    it has now given
    the Agency information
    in order
    to
    obtain
    a permit, and that
    the information
    shows that Respondent
    falls within
    the
    25 T/year
    of VOM limitation exemption as
    provided
    by
    35
    Ill.
    Adm.
    Code
    Section
    215.206,
    and
    also
    falls
    below calculated allowable emissions.
    In
    the
    stipulation
    Respondent
    admits
    that
    it
    has
    violated
    Section 9(b)
    of
    the Act
    and will cease and desist from further
    violations
    of
    the Act by obtaining
    the appropriate permits from
    the Agency.
    Respondent neither admits
    nor denies violating
    Section
    9(a)
    of
    the Act,
    and
    35 Ill.
    Adm.
    Code 215.204(j)
    and
    215.212(a).
    In the stipulation Complainant states that
    it will
    issue
    an operating permit
    to Respondent upon receipt
    of proof
    by
    Respondent that
    its operations will not cause
    or contribute
    to
    a
    violation of either the Act or
    the Illinois Pollution Control
    Boar~Air Pollution Regulations, pursuant
    to Section
    39(a)
    of
    the
    Act.
    Respondent further
    states that
    it will execute further
    reporting establishing compliance with VOM regulations and rules
    for
    1985
    and each succeeding
    year
    at
    a time specified
    in
    the
    permit,
    and that Respondent
    shall pay
    a civil penalty of
    $5,000.00
    to
    the Environmental Protection Trust
    Fund.
    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 settlement
    agreement acceptable
    under
    35 Ill.
    Adm.
    Code 103.180.
    Moreover,
    1
    A copy of
    the permit issued
    by the Agency was introduced
    by the
    parties
    at the September
    25 Hearing
    (Joint Exhibit
    2).
    82—252

    —3*
    the Board
    finds
    the stipulated
    penalty
    to be necessary
    to aid
    in
    the enforcement
    of
    the Act.
    Accordingly,
    the Board will order
    Respondent
    to comply with
    all
    of the
    terms
    and conditions of the
    stipulation,
    as agreed—upon by the parties.
    This Opinion 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.
    Resoondent has violated Section
    9(5)
    the Environmental
    Protection Act and 35
    Ill.
    Adm.
    Code 201.142
    and
    201. 143.
    2.
    The Board hereby accepts
    the Proposal executed
    by
    Chicago Steel Container Corporation and the Illinois
    Environmental Protection Agency filed with the Board
    on
    September
    28,
    1987.
    The
    terms and conditions
    of the
    Settlement
    Agreement, which
    is attached hereto, are
    incorporated into this Order.
    3.
    Respondent
    shall,
    by certified check
    or money
    order
    payable
    to the State
    of Illinois and designatted for
    deposit
    into the Environmental Trust
    Fund, pay the sum
    of $5,000.00
    (Five Thousand Dollars).
    The sum shall
    be
    paid within
    30 days
    of the date
    of
    this Order.
    The
    payment
    shall be mailed
    to:
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield,
    IL
    62706
    IT
    IS SO ORDERED.
    Board Member
    J.
    Theodore Meyer
    dissents.
    I,
    Dorothy
    M.
    Gunn,
    Clerk of
    the Illinois Pollution Control
    Board,
    hereby certify
    that
    the ab;ve Opinion
    and Order
    was
    adopted on
    the
    /~
    day
    of
    ~
    ,
    1987,
    by
    a vote
    of
    5/
    ~Dorothy
    M.
    Gunn, Clerk
    Illinois Pollution Control Board
    82—253

    BEFORE THE IL:IN0Is POLLUTION CONTROL BO~~
    SEP
    2 8 ~
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    L
    ~
    Complainant,
    —vs—
    )
    PCB 86—50
    CHICAGO STEEL CONTAINER CORPORATION,
    an
    Illinois Corporation,
    Respondent.
    STIPULATION OF TACTS AND PROPOSED SETTLEMENT
    Complainant,
    Illinois Environmental Protection Agency
    by its attorney,
    Neil
    F. Hartigan, Attorney General of the State
    of Illinois,
    and Respondent,
    Chicago Steel Container Corporation,
    an Illinois corporation,
    submit the following Stipulation of
    Facts and Proposed Settlement.
    The parties agree that the state-
    ment of facts contained herein represents
    a fair summary
    of the
    evidence and testimony which would be introduced by the parties
    if
    a full hearing were hsld.
    The parties further stipulate that
    this statement
    of facts
    is made and agreed upon for purposes of
    settlement only and that neither the fact that a party has en-
    tered 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 by the parties to this
    agreement.
    This agreement shall be null and void unless the Il—
    linois Pollution Control Board (hereinafter “Board”) approves and
    disposes of this matter on each and every one of the terms and
    conditions of the settlement
    set forth.
    —1—
    Q
    •)
    ~‘)
    c

    I.
    STIPULATION OF FACTS
    1.
    Complainant Illinois Environmental Protection Agen-
    cy (hereinafter “Agency”
    or “IEPA”),
    is an administrative agency
    of the State of Illinois, established in the executive branch of
    the State government by the Illinois Environmental Protection
    Act,
    (hereinafter “the Act”)
    (Ill.Rev.Stat.,
    ch.
    111 1/2,
    pars.
    1001 et ~
    (1983),
    charged,
    inter alia,
    with the duty of enforc-
    ing the Act pursuant to Title VIII.
    2.
    Respondent, Chicago Steel Container
    (hereinafter
    “Chicago
    Steel”)
    is
    an
    Illinois
    corporation
    incorporated
    on
    or
    about
    March
    16,
    1978
    and
    has
    at
    all
    times
    pertinent
    herein
    trans-
    acted
    business
    in
    the
    State
    of
    Illinois.
    Respondent’s
    corporate
    name
    was
    changed
    to
    Chicago
    Steel
    Container
    Corporation
    from
    Chicago
    Steel
    Drum
    Corporation
    on
    or
    about
    April
    30,
    1981.
    At
    all
    times
    pertinent
    to these proceedings,
    Chicago Steel’s
    activities have been conducted at 1846 South Xilbourn Avenue,
    Chicago, Cook County,
    Illinois.
    3.
    Respondent manufactures,
    coats and paints drum
    parts and complete finished drums
    at its Kilbourn Avenue
    facility.
    Respondent
    assenthles the drums out of pre-cut sheets
    of steel that are curved and welded to form a drum.
    4.
    Respondent
    Operates
    four
    spray
    booths.
    The
    first
    booth
    is
    used
    to
    apply an exterior coating to drum tops and bot-
    toms.
    The
    second
    booth is used to apply an exterior coating to
    the
    drums
    and
    lids
    with
    a
    variety
    of
    colors according to customer
    —2—
    82—255

    specification.
    The third spray booth
    is to apply liners to the
    inside of the drums.
    The fourth spray booth applies
    to a liner
    to the inside of the tops and bottoms.
    Respondent air dries the
    coated drums or cures them in bake ovens.
    II.
    FACTS RELATING TO THIS LITIGATION
    5.
    Respondent’s Xilbourn Avenue facility is
    a source
    of volatile organic material
    (“VOM”)
    as that term is defined
    in
    Section 211.122 of the Air Pollution Regulations of the Pollution
    Control
    Board,
    35 Ill.
    Adm.
    Code,
    Subtitle B,
    Chapter
    1,
    Section
    211.122
    (1984).
    VOM emissions at the site are produced by
    Respondent’s equipment,
    materials,
    and processes as described in
    Paragraphs
    3 and
    4 above.
    6.
    VON emissions contribute to the formation of ozone
    in the environment.
    Cook County
    is designated by the United
    States Environmental Protection Agency a non-attainment area for
    ozone levels.
    7. The Agency has never granted Respondent any permits
    to construct or operate the painting booths,
    lining booths, main
    paint and lining baking oven and drying ovens at the Kilbourn
    Avenue facility,
    which are the subject
    of the complaint filed
    in
    this action.
    Permits have been issued by the Agency for other
    sources, including paint and lining booths and baking ovens.
    Although permit applications have been on file with the Agency
    since December 29,
    1983 for the aforementioned booths and ovens,
    permits were not issued by the Agency because Respondent failed
    —3—
    82—256

    to dencnstrate to the Agency’s satisfaction that VOM emissions
    were within regulatory limits.
    III.
    IMPACT OF VIOLATION AND COMPLIANCE
    8.
    The Agency and Chicago Steel agree that Chicago
    Steel was late in filing its application for the appropriate
    permits is
    a violation of the Act.
    By failing to timely file,
    there
    was
    an
    impact
    upon
    the
    public
    resulting
    from
    Respcndent’s
    non-compliance of the Act.
    9.
    Respondent
    has
    been
    in
    coeration
    since
    1980.
    Since
    that
    time
    Respondent
    has
    attempted
    5
    times
    to
    obtain
    the
    neces-
    sary
    permits
    to
    operate
    its
    plant.
    Respondent
    has
    never
    obtained
    or
    sought
    a
    construction
    permit
    from
    the
    Agency
    for
    the
    equipment
    identified
    in
    paragraph
    7.
    Each
    time
    Respondent
    attempted
    to
    obtain an appropriate operating permit,
    it was denied a permit by
    the
    Agency,
    because
    the
    information
    given
    by
    Respondent
    to
    the
    Agency
    relating
    to
    VON
    emissions
    was
    deemed
    inadequate
    by
    the
    Agency
    for
    it
    to
    determine
    whether
    there
    was
    compliance.
    Respon-
    dent
    believes it has now given the Agency information in order to
    obtain a permit.
    The information shows that Respondent falls
    within
    the
    25
    T/year
    of
    VOC~1imitation
    as
    provided
    by
    35
    Ill.
    Adm.
    Code,
    Section
    215.206,
    and
    also
    falls
    below
    calculated
    al—
    lowable
    emissions.
    10.
    The
    Agency
    and
    Chicago
    Steel
    agree
    that
    Chicago
    Steel’s
    facility
    has
    social
    and
    economic
    values
    in
    that
    it
    em-
    ploys approximately
    25
    people
    and
    provides
    needed
    manufactured
    goods.
    —4—
    82—257

    11.
    The IEPA will
    issue an operating permit to Chicago
    Steel Container upon receipt of proof from Chicago Steel Con-
    tainer that its operations will not cause or contribute
    to a
    violation of either the Illinois Environmental Protection Act or
    the
    Illinois
    Pollution
    Control
    Board
    Air
    Pollution
    Control
    Reg-
    ulations,
    pursuant
    to
    Section
    39(a)
    of
    the
    Act,
    Ill.Rev.Stat.
    ch.
    111
    1/2,
    par.
    1039(a).
    12.
    Further
    reporting
    establishing
    compliance
    with
    VOC
    regulations
    and
    rules
    will
    be
    submitted
    by
    Chicago
    Steel Con-
    tainer for
    1985
    and
    each
    succeeding
    year
    at
    a
    time
    specified
    by
    Respondents
    operating
    permit.
    NOW THEREFORE,
    the parties to this proceeding hereby
    stipulate and agree to the following compliance program.
    A.
    Respondent has violated Section 9(b)
    of the Act,
    Il1.Rev.Stat.,
    ch.
    111 1/2,
    par.
    1009(b),
    in the manner and at
    the times described earlier.
    Respondent will cease and desist
    from further violation of the Act by obtaining the appropriate
    permits from the Agency.
    B.
    Respondent neither admits nor denies violating Sec-
    tion 9(a)
    of the Act,
    35 Ill.
    Adin.
    Code 215.204(j)
    and
    35
    Ill.
    Adm.
    Code 215.212(a).
    C.
    The IEPA will
    issue an operating permit to Chicago
    Steel Container upon receipt
    of proof by Chicago Steel Container
    that its operations will not cause
    or contribute to a violation
    —~—
    82—258

    of either the Illinois Environmental Protection Act or the II—
    linois Pollution Control Board Air Pollution Control Regulations,
    pursuant
    to
    Sectior.
    39(a)
    of
    the
    Act,
    I1l.Rev.Stat.
    ch.
    111
    1/2,
    par.
    1039(a).
    D.
    Further reporting establishing compliance with VOC
    regulations and rules will be submitted by Chicago Steel Con-
    tainer for 1985 and each succeeding year at a time specified by
    Respondent ‘s permit.
    E.
    The Agency is authorized to inspect Respondent’s
    premises,
    at any reasonable time,
    and to do whatever is necessary
    within the statuto~zand regulatory authority to encourage com-
    pliance with the Act and the rules and regulations promulgated.
    F.
    Respondent’s shall pay a civil penalty of
    $5,000.00.
    The parties agree that
    a penalty
    in this case
    is
    necessary to promote enforcement of the Act.
    The penalty shall be paid within thirty
    (30)
    days of
    the order of the Board accepting this stipulation.
    Payment shall
    be made by certified check or money order payable to the Environ-
    mental Protection Trust Fund and delivered to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    IL 62706
    ATTN:
    Nary Jo Heise
    —6—
    82—259

    F.
    This Agreement, when accepted by the Pollution Con-
    trol Board shall be
    binding on all signatories and their succes-
    sors and assigns,
    and shall constitute
    a final
    disposition of all
    matter set forth in the Agency’s Complaint against Respondent.
    G.
    This proposal is submitted to the Board for approv-
    al under Section 103.180
    as one integral package, and the parties
    respectfully
    request
    the
    Board
    to
    enter
    its
    final
    order
    approving
    the
    entire
    settlement.
    All
    admissions
    and
    statements
    made
    herein
    are
    void
    before
    any
    Judicial
    or
    Administrative
    body if
    the
    f
    ore-
    going
    settlement
    agreed
    to
    by
    the parties
    is not approved by the
    Board.
    If the Board should reject any portion thereof, the en-
    tire Settlement and Stipulation shall be terminated and be with-
    out legal effect,
    and the parties shall be restored to their
    prior
    position in this litigation as
    if no Settlement and
    Stipulation
    had
    been
    executed,
    without
    prejudice
    to
    any parties
    position
    as to any issue or defense.
    Date:
    ~-~--k.
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    /
    AGENCY
    By:
    ~
    ,c~~
    Date:___________________
    CHICAGO STEEL CONTAINER,
    INC.
    mbst lb

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