ILLINOIS POLLUTION CONTROL BOARD

MAY 28, 1987

ILLINOIS ENVIRONMENTAL      

)

PRDTECTION AGENCY,

)

Complainant,

)

v.

)

PCB 86—148

)

YALE POLISHERS AND PLATERS, INC., )

an Illinois corporation.

Respondent.

MR. MICHAEL J. MAHER AND MS. CARLA D. DAVIS, ASSISTANT ATTORNEYS

GENERAL, APPEARED ON BEHALF OF COMPLAINANT.

MR. HARVEY ROTH AND MR. MICHAEL VALENTA APPEARED Ot~BEHALF OF

RESPONDENT.

OPINION AND ORDER OF THE BOARD (by R. C. Fletnal):

This matter comes before the Board upon a settlement

stipulation (“stipulation”) filed by the Illinois Environmental

Protection Agency (“Agency”) and Yale Polishers and Platers,

Inc. Hearing was held on May 20, 1997.

This proceeding was initiated by the filing of a Complaint

by the Agency on September 15, 1986. The Complaint alleges that

from at least March 31, 1983, and up to and including the time of

filing of the Complaint, Respondent caused or allowed the

operation of its polishing and grinding stations and its

electroplating tanks without the Agency having granted operating

permits. The Complaint further alleges that as a result of

failure to obtain the required permits, Respondent has violated

Section 9(b) of the Environmental Protection Act (Ill. Rev. Stat.

1985 ch. ill 1/2, par. 1001 et seq.) and Section 201.144 of the

Air Pollution Control Regulations of the Pollution Control Board.

Resoondent submitted the approoriate permit applications to

the Agency on October 3, 1986. The permit was issued on November

3, 1986 (Stipulation, p. 3).

In the stipulation Respondent admits that the facts as set

out in the Complaint constitute violations as alleged.

Respondent also stipulates that it agrees, inter alia, to

expeditiously correct any errors in its permit application, to

abide by all terms and conditions of all opeLating petmits issued

by the Agency, to cease and desist from any and all violations of

the Illinois Environmental Protection Act and Rules and

78-165

—2—

Regulations of the Illinois Pollution Control Board, and to pay a

penalty of $5,000.00 into 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,

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. Respondent has violated Section 9(b) the Environmental

Protection Act and 35 Ill. Adm. Code 201.144.

2. Resoondent shall comply with all the terms and

conditions of the Stipulation and Proposal for

Settlement filed on December 5, 1986, which is attached

and incorporated by reference as if fully set forth

herein.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certif~~thatthe above Opinion and Order was

adopted on the 

day of 

______________,

1987, by a vote

of

C

Dorothy M. unn, Clerk

Illinois Pollution Control Board

78-166

~\I

DEC—5ig~

STATE OF ILLINOIS )

)

PC’ lii

C!eO!tROL

BOARD

COUNTY OF COOK  )

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS ENVIRONMENTAL PROTECTION  )

AGENCY,               

)

Complainant,

)

)

PCB 86—148

YALE POLISHERS AND PLATERS, INC.,

an Illinois corporation,

)

Respondent.

NOTICE OF FILING

TO: Mr. Harvey Roth        

Mr. Robert Handelsinan

President           

Hearing Officer

Yale Polishers arid          

264.3 Centeral Park

Platers, Inc.           

Evanston, Illinois 60201

5247 South Keeler Avenue

Chicago, Illinois 60632

PLEASE TAKE NOTICE that I have today filed with the Clerk of

the Pollution Control Board a Stipulation and Proposal for Set-

tlement in the above-captioned matter, a copy of which is at-

tached and served upon you.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

NEIL F. KARTIGAN

Attorney General

State of Illinois

By:_______

GERALD T. KARR

Assistant Attorney General

Environmental Control Division

100 West Randolph Street

DATED:December 5, 1986      

13th Floor

Chicago, Illinois 60601

(312) 917—2816

78-167

YALE POLISHERS AND PLATERS, INC.

an Illinois Corporation,

)

)

)

PCB 86—148

STATE OF ILLINOIS

COUNTY OF COOK

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS ENVIRONMENTAL PROTECTION   

)

AGENCY,                

)

)

Complainant,  

)

)

v.

)

)

)

)

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, Yale Polishers and

Platers, Inc., an Illinois corporation by its president, Harvey

Roth, and do hereby submit this Stipulation and Proposal for Set-

tlement. The parties agree that the statement of contained

herein represents a fair summary of the evidence and testimony

which would be introduced by the parties if a full hearing were

held. 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 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 agreement. The agreement

shall be null and void unless the Illinois Pollution Control

Board (hereinafter “Board”) approves and disposes of this matter

—1—

on each and every one of the terms and conditions of the settle-

ment 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., 1985, ch. 111—1/2, par. 1001 et 

and

charged, inter alia, with the duty of enforcing the Act, pursuant

to Title VIII thereof arid recovering civil penalties pursuant to

Title XII thereof.

2. Respondent Yale Polishers and Platers, Inc. (hereinafter

“Yale”), is an Illinois corporation which has at all times perti-

nent hereto transacted business in the State of Illinois. At all

times pertinent to this action Yale has caused or allowed the

operation of a business located at 5247 South Keeler Avenue,

Chicago, Cook County, Illinois.

3. Yale engages in the business of polishing and plating

various metals. In the business operation Respondent utilizes

polishers and grinders as well as electroplating tanks.

4. Since at least March 11, 1983 and until the filing of

the complaint in this action, but possibly since December 1, 1972

Respondent caused or allowed the operation of its business with-

out an Agency permit, in violation of Section 9(b) of the Act and

35 Ill. Adm. Code Section 201.144

—2—

78-169

5. By letters of March 31, 1983 and July 25, 1985, Respon—

lent was notified of the violations of Section 9(b) of the Act

Lnd 35 Ill. Adm. Code Section 201.144. By letter of October 18,

L985 Respondent was again notified of these violations as well as

the Agency’s intent to bring an enforcement action. Respondent

~as offered an opportunity to meet with the Agency representa—

:ives in order to resolve the conflicts which have resulted in

the filing of the complaint in this action, in accordance with

the requirements of Section 31(d) of the Act.

6. Respondent attended the 31(d) meeting on November 4,

~985 and expressed an intent to file the appropriate permit ap-

plications. However, no permit applications were filed.

7. A complaint was filed on September 15, 1986 alleging the

permit violations.

B. Respondent submitted to the Agency the appropriate per-

~it applications on October 3, 1986.

9. The appropriate permit was issued on November 3, 1986.

(Copy attached as Exhibit A.)

PROPOSAL FOR SETTLEMENT

As a result of the settlement discussions between the

Darties and of actions taken or to be taken by Respondent, the

Darties believe that the public interest will be best served by

resolution of this enforcement action under the terms and condi—

b.ions provided herein. This proposal for settlement is expressly

—3—

4 _e.

conditioned upon and effective only with the approval thereof in

all respects by the Board. All statements contained herein are

agreed to for purposes of settling this action only and shall be

null arid void and of no effect in any further proceeding or cause

of action if the Board does not approve this proposal for settle-

ment in its entirety.

TERMS OF SETTLEMENT

Yale

and the Agency have agreed to the following Terms of

Settlement. these terms shall be in full settlement of the ac-

tion filed herein by the Agency and Respondent’s liability for

all violations alleged in the Complaint.

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:

Count I: Section 9(b) of the Act and 35 Ill.

Adin. Code 201.144.

2. Respondent agrees that it will expeditiously correct any

errors or emissions in its permit application pending before the

Agency.

3. Respondent agrees to abide by all terms and conditions

of all operating permits issued by the Agency.

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

violations of Illinois Environmental Protection Act and Rules and

Regulations of the Illinois Pollution Control Board.

—4—

5. 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 with $1,000.00 being

deposited within 30 days from the date on which the Board adopts

a final order approving, accepting and incorporating this

Stipulation and Proposal for Settlement followed by four (4)

monthly installments of $1,000.00 each. The Agency deems the

payment to be appropriate to aid in the enforcement of the Act

under the circumstances of this case. Factors bearing on this

penalty amount include Respondent’s lack of knowledge of the re-

quirement of a State operating permit as well as the length of

time between Respondent’s actual knowledge of the requirement and

the submittal of the permit application.

WHEREFORE, Complainant and Respondent jointly request that

the Board adopt and accept the foregoing Stipulation and Proposal

for Settlement as written.

—5—

For Complainant         

For Respondent

Illinois Environmental

Protection

DATED:

gspfsl

Yale

BY:

Ia~’i~y Roth

P4tesident Yale

Platers

r, Enforcement

)2mZ~

Polisher &

DATED: 

~

Lc~

/‘3~~

—6—

~ronmei~taI Fro~ectior~Agen:

~r~g1ie~.IL 62706

217/782-211

o~cri~

PER~::

PE~U~iTTEE

Yale Polishers ~ Platers

Attention: Harvey D. Roth

5247 South Keeler

Chicaoc., Illinois 60632

ADDt1Cat~Ofl

P’Jc.: 86100005       

I.D. tao.: 031600E2~

Aoi~can~stiesionation: YL       

Date ~eceived:October 3, 

198E

Subject: Piatinc Operation

Dote issu~: t~vember3, 1986     

Expiration Dote: October 

1991

Location: 5247 South Keeler, Chicago

~

oranted to t~ ~bc.ve-dcsianote~~n~itteeto 

OP~R~TE~ssio~

~:d~r air poiiutior~ ritro~ 

eouiorn~t co~s~stin9

O~

OnC

p~oinc

~ o~ 

s~ers~tt~

on~

ciorie anc.

one

ci~~ease’as ~

ir

~nce~ apt~1ico:-~or.. This 

Per~r~

i~:~

to

staric~or~

:~r rieretc a~ic.   foi~o~in~~  

coric~:~on~s):

~. —~

:ys Division c 

~e~er

~c11ution 

f.o~datern~inedth~tthe

r’-’:~: ..:~ewater s:rar:E fr~o~.your ~aci~::~r&o~ire~an Operot~n~

~r ~   

~

.~:

ii . ~orr~.Coc.~

:._20!.. inc ~ssuon:eo~ tri.s

HC/

reThe~e

V

~OflS1D~ I~’t~V

c•~ir~:

~°z~s~ons~ 

tre ~

c

~i1’’i..

~

anc

Cct~Z’~

Subtitie ,

~

~c~.i~i:~or c~.tro~,Cr~att~

~

~ t~ 

~:a~~r 

tc• r~c~ete:

L~V~S’OT.V ~

~

::cc azove. 

Src

yo~~ 

~‘

.~:cr.: 

~~:~-;

:~.n:actJoe S~:s~a: 

2I~. E-~~

.‘•~:~

C

,.Y

~‘CHV~Ot

E’

78-174

STA~TEOF ILUNO~S

Et’~VONMEh~T

~. PROTECTIOk £.GENCY

DMSION OF AI~POLLUTION CO?~.TROL

2200 CHURCHILL ROAD

SPRINGFIELD. WNOIS 62706

STANDARD CONDITIONS

FOR

OPERATING PERMITS

1985

inois

Environmental Protection Act (Illinois Revised Statutes, Chapter 111-1/2, Section 1039) grants t

nmenta~Protection Agency authority to impose conditions on permits which it issues.

lowing conditions are applicable unless superseded

by

special permit condition(s).

issuance of this

permit

does riot release the permittee from compliance with

state 

and federal regulatic

•h are part of the Illinois State Implementation Plan. as well as with other applicable statutes and regulatic

~e‘United States or the

State 

of Illinois or with applicable local laws, ordinances and regulations.

Agency has issued this permit based upon the information submitted by the permitt.ee in the perr~

lication. Any misinformation, false statement or rnispresentation in the application shall be grounds

ocationi under 35 111. Adm. Code 201.207.

The

perr-.it 

tee shall not authorize, cause, direct or allow

any

modification, as defined in 35 111. Athn. Cc

20L02. cf equipment, operations or practices which are reflected in the permit application as submiti

unless ~

new

application or recuest for revision of the existing permit is

filed 

with the Agency and unles~

ne~te: ~r4i,.or revision of the existing permit(s~is Issued for such modification.

This p~-Ii~:it

only covers emission ~urces and control eqt~ipmentwhile physically present at the indicat

phint lc.:~ion(s.~.Unless the permi~~pecificaliy provides for ~.‘quipmentrelocation, this permit is void for

item 

c~.:-‘~ipmenton the day it i~-removed from the permitted location(s~or if all equipment is removi

• -~‘~dir~g

the expiration date

specified 

on the permit.

perm:t’.—~~hal) aii~ any duly a~horizedagent of the A~t’ncy.upon the presentation of credentials.

;~r~.Y~ei:~e5

•       ~H-perrnittee~ 

roperty ~‘nere actual or

poter :a~effluent. 

emission or noise sources are located

~ ~ictivity is to be ccnduc~edpursuant to

this permit,

I~Z~V~~C&F5 to arid t ~opy

any

records required to ht i~eptunder the terms and cc’ndnjons of

this 

penn

‘t~’

i~~

including during any hours of operation of equi~mentconstructed or opamied under this penn

Such ?

j,~mentand ~ ‘.qt~iç.~.&rLtrequired to be kept. us-ed. operated, calibrated and maintained under t~

•-rmit

tc o~t~.;r

bred

rer.~c~e r.~lescf a~y

discharge or

emission 

of pol~uiant~.and

ur.t~-~~nd utilize ~r.y ~hc:~raphic. recording. testing. uwnitc’ring or o:her equipment for the purp~’se

~

testir.t. rr(Jnitorirjg 

or recording any activity. d~s-h~rgeor emission authorized by

this- perrru

~~~rue of

th~s-

p~-rmit:

i. ~

;t-d as- in ar.’

inr~~’r

~,f’~’~:ir.g

~ tite of t~•t-

~&s- up~r. which the permitt

~

dc~~

r~’:  

.~c’

t~-,

p~:rnitte~

~~YT:

r.r.\ l~:~ityi~r~i-.’’ ~‘c

~‘r.

.‘

;rc;ert\ c’.~ed‘ov

or res-uitng frc

‘J,,, 

~•‘

:~..‘

~ (.~.~Tflt~no~~

78-175

does not take into consideration or attest to the structural stability of any unit or part of the project,

1. in no manner implies or suggests that the Agency (or its officers, agents or employees assumes any hal

directly or indirectly. br any loss due to damage. installation, maintenance. ~r operation of the pro

equipment or facility.

rhe facilities covered by this permit shall be operated in such a manner that the disposal of air contami:

:ollected by the equipment shall not cause a violation of the Environmental Protection Act or regul~

romulgated thereunder.

rhe perrnittee shall maintain all equipment covered under this permit in such a manner that the performa:

such equipment shall not cause a violation of the Environmental

Protectior~Act 

or regulations promul

Lhereunder.

rhe

permittee shafl maintain a maintenance record on the premises for each item of air pollution

equipment. This record shall be made available to any agent of the Environmental Protection Agency at an~

during normal working hours and/or operating hours. As a minimum, this record shall show the da’

penformance and nature of preventative maintenance activities.

No person shall cause or allow continued operation during malfunction, breakdown or startup of any em

source or related air p~’llution control equipment if such operation would cause a violation of an appi

emission standard or permit limitation. Should a malfunction, breakdown or startup occur which resu

emissions in excess of any applicable standard or permit limitation, the permittee shall:

a. immediately repor; the incident to the Agency’s Regional Field Operations Section Office by telei

telegraph, or cthe: method as constitutes the fastest available alternative, and shall comply wi

reasonable directi’.

of the Agency with respect to the incident:

b. maintain the f.L,

~ng records for a period of no less than two (2~years:

i. date and dura:iuri of malfunction. breakdown or startup.

ii. fufl and detaile~extuianation of the caus-~.

iii cor.

rr~r.~r.~s-t’~itted 

and art estimate of quartttty of emissions.

iv mea’~c-s~

ic’ mir)imlz.e trie amount of emtrsons- during the malfuncti~:.

;reakdowr. 

or startu

~‘

met~r~ :~J:~

i to reduce future occurrences ar.d frecuency of incidents

If

me perlriit ar’r’..

:~onicontstns a compliance program ~i~d project c~.mpietior.s-~-4~-dule.the permine~

~u~’mit a pr~ectc~r:

:eli,n

~:atus- report ~ithin thtrty .~C di~ysof any date SpeCi~eC ~ the compliance pr

and pro iecl cc.rnp~:~c~schedut~or at stx month ~nterva~. ~

hever 

more frequent.

Th~ir~ning

one sear rc,rr~the date of ths permit the

perrn:t~c.c

shall s-ubmi~an “Annual Emission Report.

APC20S. as re~ui-en

3E~Ill 

Adir, Code

~l.302

‘Note. If 

the permittee has other operating permits- Il

fac’iht~. 

the “.~rrc~:~.Frn~,tc’r ~er~ort” for all suc’r.

permits

may

iri~

~uded

a side annual submiss-i

78-176

PROOF OF SERVICE

I, GERALD T. K1~.RR, an attorney hereby certify that I caused

true and accurate copies of the attached to be sereved upon,

Mr. Harvey Roth         

Mr. Robert Handelsman

President            

Hearing Officer

Yale Polishers and Platers, Inc. 2643 Centeral Park

5247 South Reeler Avenue    

Evanston, Illinois 60201

Chicago, Illinois 60632

by causing said copies to be mailed first class mail postage

pre-paid, to the addresses indicated above, from 100 West

Randolph Street, Chicago, Illinois 60601 on December 5, 1986.

GERALD T. KARR

1~1