ILLINOIS POLLUTION CCNTRCL BOARD

January 22, 1987

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

V.

)

PCB 86—74

E.J. BRACH & SONS,

Respondent.

MS. SHEILA OWENS, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF

OF COMPLAINANT.

MR. WILLIAM GOOD APPEARED ON BEHALF OF RESPONDENT.

OPINION AND ORDER CF THE BOARD (by J.D. Dumelle):

This matter comes before the Board upon a three—count

complaint filed on May 22, 1986 by the Illinois Environmental

Protection Agency (Agency) against E.J. Brach & Sons (Erach)

Respondent.

The Agency alleges in Count I of its complaint that Brach

has not applied for or obtained air emission source operating

permits for its printing equipment, thereby violating 35 Ill.

Adm. Code 201.144 (Operating Permits for Existing Sources) and

Section 9(b) of the Environmental Protection Act (Act). The

Agency alleges in Count II that Brach has never applied for or

obtained air emission source operating permits for its printing

equipment, thereby violating 35 Ill. Adrn. Code 201.143 (Operating

Permits for New Sources) and Section 9(b) of the Act. Lastly,

the Agency alleges in Count III that Brach has never applied or

obtained air emission source construction permits for its

printing equipment, thereby violating 35 Ill. Adm. Code 201.142

(Construction Permit Required) and Section 9(b) of the Act.

Erach filed an answer to the complaint on June 27, 1986.

Hearing was held on September 24, 1986 at which the parties

presented a Stipulation and Proposal for Settlement for

consideration by the Board.

Brach is a division of American Home Products Corporation, a

Delaware Corporation, and is authorized to do business in

Illinois. Brach is engaged in the business of manufacturing and

packaging a variety of candies and is located at 4656 West Kinzie

St., Chicago, Cook County, Illinois. (Stip. at 2).

75.37

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The parties stipulated that Brach has on its premises four

printing presses. One of these presses has been non—operational

since 1978 and has been dismantled. The remaining three presses

are operable and are utilized in Brach’s business of candy

manufacture and packaging and are the source of the instant

complaint. (Stip at 2).

In the Stipulation and Proposal for Settlement, the Agency

moves to voluntarily dismiss Counts II and III and stipulates

that the three printing presses were purchased prior to April 14,

1972 and were, therefore, existing emission sources and

permitting requirements for new sources were not applicable. The

Agency’s motion to dismiss is hereby granted.

As to the remaining Count, the parties stipulate that Brach

has never applied for nor obtained air emission source operating

permits for its three presses as required by Section 201.144 of

the Board’s air pollution regulations and by Section 9(b) of the

Act, that Brach neither admits nor denies the violations of

Section 201.144 or Section 9(b) of the Act and that Brach has

applied to the Agency for the necessary operating permits for the

three presses on or about August 25, 1986. (Stip. at 2—3).

The proposed settlement agreement provides that Brach cease

and desist from further violations of the Act and Board

regulations at its Cook County facility. In addition, Brach

agrees to pay a penalty of $5,000.00 to the Environmental

Protection Trust Fund.

In evaluating this enforcement action and proposed

settlement agreement, the Board has considered all the facts and

circumstances of the complaint in light of the criteria set forth

in Section 33(c) of the Act and finds the settlement agreement

acceptable under 35 Ill. Mm. Code 103.180. Accordingly, the

Board will order Brach to cease and desist from further

violations of the Act and Board regulations at its Cook County

facility and order Brach to pay the stipulated amount of

$5,000.00 to the Environmental Protection Trust Fund.

This Opinion constitutes the Board’s findings of fact and

conclusions of the law in this matter.

ORDER

1. The Board hereby orders E.J. Brach & Sons to cease and

desist from further violations of the Environmental Protection

Act and Board regulations at its facility located at 4656 West

Kinzie St., Chicago, Cook County Illinois.

2. Within thirty days of the date of this Order, E.J. Brach

& Sons shall pay $5,000.00 (five thousand) which shall be in the

form of a certified check or money order payable to the State of

75-38

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Illinois and designated for deposit into the Environmental

Protection Trust Fund. Payment shall be sent to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, IL 62706

ATTN: Mary Jo Heise

3. E.J. Brach & Sons shall comply with all the terms and

conditions of the Stipulation and Proposal for Settlement filed

on September 24, 1986 which is attached hereto.

IT IS SO ORDERED.

Board Member 3. Theodore Meyer dissents.

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

Board, hereby certify that the above Qpinion and Order was

adopted on the ~:

day of

~

,

1986 by a vote

of

-

.

/~

/

~

_~~/

Dorothy M. dunn, Clerk

Illinois Pollution Control Board

75.39

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STATE OF ILLINOiS

)

S.S.

COUNTY OF COOK

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

)

)

Complainant,

)

vs.

)

PCB 86-74

)

E.

~.

BRACH & SONS, a division

)

of American Home Products

)

Corporation, a Delaware

)

corporation,

)

Respondents.

)

STIPULATION AJD PROPOSAL FOR SETTLE~ENT

NOW COMES Complainant, Illinois Environmental Protection

Agency, by its attorney, Neil F. Hartigan, Attorney General of

the State of Illinois, and Respondent, E. J. Brach & Sons, a di-

vision of American Home Products Corporation, a Delaware Corpora-

tion, authorized to do business in Illinois, and do hereby submnil

this Stipulation and Proposal for Settlement. The parties agree

that the statement 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 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 proceedings except to enforce the terms hereof by the

parties to this agreement. This agreement shall be null and vo~i

-1-

/_

4-

75-40

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unless the Illinois 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 herein.

ETATEMENT

(hereinafter “Agency” or “IEPA”), 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., ch. 111—1/2, par. 100.

et seq. (1983)), and charged, inter alia, with the duty of en-

forcing the Act, pursuant to Title 8 thereof.

2. Respondent, E. J. Brach & Sons (“Brach & Sons”), is a.

division of American Home Products Corporation, a Delaware cor-

poration, authorized to do business in Illinois. Brach & Sons is

located at 4656 West Xinzie Street, Chicago, Cook County,

Illinois.

3. Brach & Sons is engaged in the business of manufactur-

ing and packaging varieties of candies.

4.

Brach & Sons has on its premises four printing presses.

One said printing press has been non-operational since a date

uncertain in 1978 and has been dismantled. The remaining three

presses on the premises are operable and routinely utilized in

conducting Respondent’s business of candy manufacture and

packaging.

5. Brach & Sons has neither applied for nor obtained air

emission source operating premises for their printing equipment

as required by Section 201.144 of the Air Pollution Regulations,

75-41

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35 Ill. Adm. Code 201.144

arid Ill. Rev. Stat., ch. 111—12, par.

1009(b) Sec. 9 (b) (1986)

6.

Brach

& Sons neither

plaint.

7. Brach & Sons has applied to the Agency for the neces-

sary operating permits for the above-noted printing presess on or

about August 25, 1986.

8. The Agency hereby voluntarily dismisses Counts II and

III of the Complaint as the three printing presses were purchases

prior to April 14, 1972; the printing presses were therefore ex-

isting emission sources, 35 111. Adm. Code

201.102; construction

permits were therefore not required, 35 Ill. Adm. Code 201.142.

9. Brach & Sons asserts the following:

A. The three aforementioned printing presses were pur-

chased prior to April 14, 1972.

B. The three aforementioned printing presses are the

fourth press, a champlain rotogravre press, was disman-

tled and has not been operating since 1978 and has beez

dismantled.

10. Respondent’s candy manufacturing operation provides a

useful social and economic service to the corit~unityas a whole b:

production of its product and employment of local residents.

11. All data and information sought by the Agency from

Brach & Sons in the operating permit applications enables the

75-42

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~gency to propery eF~.ess Brach & son’s compliance with the Envi-

ronmental Protection Act.

12.

The facility is located in an industrial area.

PROPOSAL

interest will be best served by resolution of this

enforcement

action

under the terms and conditions provided herein.

This

pro-

posal for settlement

is

expressly conditioned upon

arid

effective

only with 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 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.

TERMS

OF SETTLEMENT

1. Brach & Sons agree to cease and desist from violations

of the Illinois

Environmental Protection Act and

South Kinzie Street, Chicago, Cook County, Illinois.

2. The parties enter into this Stipulation and Proposal

for Settlement and Brach and Sons agrees to pay the penalty

specified in this paragraph in order to avoid the substantial

costs, inconvenience arid uncertainties of further litigation. A~

75,43

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a condition o~

se~+~le~ent,

Brach ar~r~~ors

agree to pay a pena~ty

of five thousand dollars

tion Trust Fund within thirty (30) days of the date of which the

Board adopts a final

order

approving, accepting, and

adopting

this Stipulation.

Payment shall be made by certified check or money order pay-

able to the Environmental Protection Trust Fund

and delivered to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, Illinois 62706

ATTN: Mary Jo Heise

The

Agency deems

said payment to be appropriate to aid with en-

forcement of the Act under the facts and circumstances of the

case.

WHEREFORE, Complainant and Respondent jointly pray that

the Board

adopt

and

accept the foregoing Stipulation

and Proposal

for Settlement as written.

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY, Complainant

By:

~

‘

—~-

Dated:

-~ ~

E. 3. BRACH &

SONS, R pondents

By:

___________

Dated:

_Se~f,~c~ ~

CJ,19~

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