ILLINOIS POLLUTION CONTROL BOARD
December 18, 1986
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
PCB 85—173
MAJESTIC WOOD CARVING
)
COMPANY,
Respondent.
MR. JAMES ARCHIER, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
CF THE COMPLAINANT.
MR. RICHARD MONTALBANC, VICE PRESIDENT OF THE MAJESTIC WCOD
CARVING COMPANY, APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD (by J. D. Dumelle):
This matter comes before the Board on a one—count Complaint
filed on November 26, 1985 by the Illinois Environmental
Protection Agency (Agency), as amended on March 10, 1986. The
Complaint alleged that the Respondent caused or allowed the use
or operation of various emission sources and air pollution
control equipment at its Chicago furniture manufacturing facility
without the necessary Agency Operating Permits in violation of 35
Ill. Adm. Code 201.144 (Operating Permits for Existing Sources)
and Section 9(b) of the Illinois Environmental Protection Act
(Act)
A hearing was held on July 18, 1986 and the parties filed a
Stipulation and Proposal for Settlement on September 30, 1986.
The Respondent, the Majestic Wood Carving Company
(Majestic), is an Illinois corporation which operates a
specialized wood furniture manufacturing facility at 1740 North
Maplewood Avenue in Chicago, Cook County, Illinois. (Stip. 2). It
is stipulated that, on the ground level of Majestic’s facility,
its Kewanee boiler was, since at least June 26, 1984, operated
without the requisite air pollution control equipment. (Stip.
3). The Respondent’s other emission sources include: (1)
miscellaneous wood working equipment (such as shapers, rip saws.
routers, sanders, boring machines, and planers) located on the
ground level and controlled by one large cyclone; (2) various
woodworking machines located on the first floor of the Majestic’s
facility (such as carvers, sanders, and sanding drums) controlled
74.273
—2—
by two small cyclones; and (3) wash and paint booths located on
the second floor of the Respondent’s facility (including one wash
booth for cleaning furniture with a solvent prior to painting;
one paint booth for touch—up and glazing/gold coloring with
baffle filters, and two paint booths for lacquer and paint with
dry filters) without any air pollution control equipment. (Stip.
3).
The parties have stipulated that, although Agency Operating
Permits were required for both the Kewanee boiler and the other
previously delineated emission sources (which have all been in
use and operation since at least June 26, 1984), it was not until
April 23, 1986 that the Respondent applied to the Agency for the
requisite operating permits for these existing emission
sources. (Stip. 2). On July 15, 1986, the Agency issued the
appropriate permits authorizing the operation of Majestic’s
boiler and wood working machines and equipment.
The proposed settlement agreement provides that the
Respondent admits that violations of 35 Ill. Adm. Code 201.144
and Section 9(b) of the Act occurred and agrees to: (1) maintain
records concerning the purchase and use of paint for its three
paint booths, and (2) pay a total stipulated penalty of $6,000.00
in specified installments into the Illinois Environmental
Protection Trust Fund. (Stip. 3—6). Both the Agency and
Majestic agree that compliance with the Act is technically
feasible, practical, and economically reasonable. (Stip. 3).
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.
Accordingly, the Board hereby finds that the Respondent, the
Majestic Wood Carving Company, has violated 35 Ill. Adrn. Code
201.144 and Section 9(h) of the Act. The Respondent will be
ordered to maintain records pertaining to the purchase and use of
paint for its three paint booths, and to pay the stipulated
penalty of $6,000.00 in the agreed—upon specified installments
into the Illinois Environmental Protection Fund. The Board shall
retain juridiction of this case throughout the period of
implementation of the settlement agreement, as per item ltl5 on
page 5 of the Stipulation and Proposal for Settlement.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
74-274
—3—
ORDER
It is the Order of the Illinois Pollution Control Board
that:
1. The Respondent, the Majestic Wood Carving Company, has
violated 35 Ill. Adm. Code 201.144 and Section 9(b) of
the Illinois Environmental Protection Act.
2. The Respondent shall maintain records concerning the
purchase and use of paint for its three paint booths.
3. Immediately following the date of this Order, the
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 first installment of $1,200.00 on the total
stipulated penalty of $6,000.00 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois 62706
The remaining $4,800.00 shall be payable in eight equal
monthly installments of $600.00 each which shall
respectively become due and payable every 30 days
subsequent to the initial payment (of $1,200.00) until
the entire total stipulated penalty of $6,000.00 is paid
in full.
4. The Respondent shall comply with all the terms and
conditions of the Stipulation and Proposal for
Settlement filed on September 30, 1986, which is
attached.
5. Jurisdiction is retained as per item #15 on page 5 of
the Stipulation and Proposal for Settlement.
IT IS SC ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify ,tbat the above Opinion and Order was
adopted on the
/3~’-’
day of ~
,
1986 by a vote
of
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
74.275
STATE OF ILLINOIS
COUNTY OF
COOK
)
BEFORE .THE ILLINOIS POLLUTION CONTROL
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)
Co~np1ainant,
)
V.
)
PCB 85—173
)
MAJESTIC WOOD CARVING CO.,
)
Respondent.
NOTICE OF FILING
TO: Thomas
Montalbano
Majestic Wood Carving Co.
President and Registered Agent
1740 North Naplewood
Chicago, Illinois 60647
John E. Cloney
Hearing Officer
212 North Elmore
Park Ridge, Illinois 60068
PLEASE TAKE NOTICE that I have filed with the Clerk of the
Pollution Control Board, Stipulation and Proposed Settlement, a
copy of which is attached hereto arid hereby served upon you.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
NEIL F.
MARTIGAN
Attorney General
State of Illinois
f)
ci
BY:
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GERALD T. KARR
Assistant Attorney General
Environinental Control Division
100 West Randolph Street
13th Floor
Chicago, Illinois 60601
(312) 917—2816
DATED: September 30, 1986
—1—
74.276
STATE OF ILLINOIS
)
)
COUNTY OF COOK
)
BEFORE
THE
ILLINOIS POLLUTION CONTROL_BQARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
—ye—
)
PCB 85—173
)
MAJESTIC WOOD CARVING CO.,
)
)
Respondents.
STIPULATION
AND
PROPOSED SETTLEMENT
The Complainant, Illinois Environmental Protection
Agency, by Neil F. Hartigari, Attorney General of the State of
Illinois, and Respondent, Majestic Wood Carving Co., by its at-
torney, submit the following Stipulation Of Facts And Proposed
Settlement to the Pollution Control Board, pursuant to Procedural
Rule 103.180.
I.
Background
1.
The Environmental Protection Agency is an Agency of
the State of Illinois,
created pursuant to Section 4 of the
Ii-
linois Environmental Protection
Act (hereinafter referred to as
the “Act”) (I11.Rev.Stat.,
1983
ch.
111 1/2,, par. 1001 et ~
charged with the duties of enforcing the Act.
2. Respondent, Majestic Wood Carving Co., (hereinafter
referred to as “Respondent”) an Illinois Corporation, has at all
—1—
74.277
pertinent times operated a specialized wood furniture manufactur-
ing facility located at 1740 North Naplewood Avenue, Chicago,
Illinois.
3. Since at least June 26, 1984, at its facility, the
Respondent caused or allowed the use or operation of the follow-
ing emission sources and air pollution control equipment:
A Kewanee boiler located on the ground level of its
facility without control equipment; various woodworking
machines, including sanders, carvers and sanding drums,
controlled by two small cyclones, located on the first
floor of its facility; and one paint both for touch up
and glazing/gold coloring with baffle filters, one wash
booth for cleaning furniture with a solvent prior to
painting, and two paint booths for lacquer and paint
with dry filters, all booths located on the second
floor
without control equipment; woodworking opera-
tions, including shapers, rip saws, routers, sanders,
boring machines, and planers, controlled by one large
cyclone, located on the ground level.
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—2—
74-278
4.
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AgQncy i~euad,
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permit from the Agency when causing or allowing the operation of
an existing emission source.
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ting
CONTENTIONS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
6. The Complainant, the Illinois Environmental Protec-
tion Agency, contends with agreement by the Respondent, that
based on the stipulated statement of facts, the above discussed
facts constitute violations of Section 9(b) of the Act.
7. The Complainant, the Illinois Environmental Protec-
tion Agency, contends with agreement by the Respondent, that
based on the stipulated statement of facts, the above described
facts constitute violations of 35 Ill. Athti. Code 201.144, Operat-
ing Permits for Existing Sources.
8. The Agency and Respondent agree that compliance
with the Act is technically and practical and economical.’
feasible.
PROPOSED TERMS OF SETTLEMENT
The Complainant and the Respondent have agreed that it
is in the best interest of the public and the parties to resolve
this proceeding without further litigation and therefore, have
agreed to the following settlement.
9. Th~Rgg~ondpnt. tajoctio Wood Carving
~gr~d to apply
~ the wea~.ve~kLng
for and obtain a p9rmit
for
epe~atiens, an~wee~we~kir~~aehines
with the
—3—
74-279
.1
10. The Respondent, Majestic Wood Carving Company,
shall maintain records concerning the purchase and use of paint
for its three paint booths.
11. The Respondent shall pay a civil penalty based on
the nature of the violation and the number of days said violation
occurred of six thousand dollars ($6,000). The first installment
of twelve hundred dollars ($1,200) shall be due and payable im-
mediately following the entry of a Board Order accepting this
stipulation, by a money order or check made payable to the Trea-
sury of the State of Illinois and designated for deposit into the
Environmental Protection Act Trust Fund for the specific purpose
of environmental protection and related enforcement programs as
authorized pursuant to I11.Rev.Stat., 1983, ch. 111 1/2, par.
1042. The remaining eight installments of six hundred dollars
($600) shall be due and payable every 30 days thereafter. Such
payment shall be submitted to the Fiscal Service Section of the
Illinois Environmental Protection Agency, 2200 Churchill Road,
Springfield, Illinois 62706.
12. This settlement agreement is entered in full set-
tlement and satisfaction of the Complaint filed herein, subject
with respect to timely payment by such in accordance with the
terms hereof.
13. This Agreement, when accepted by the Pollution
Control Board (hereinafter “Board”) shall be binding on all sig-
natories, their successors and assigns.
—4—
74-280
14. This proposal is submitted to the Board for ap-
proval under 35 Ill. Mm. Code 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 null and void and of no force and
meaning, and are not admissible before any judicial or ad-
ministrative body if the foregoing settlement agreed to by the
parties is not approved by the Board. If the Board should reject
any portion thereof, the entire Settlement and Stipulation shall
b~terminated and be
without legal effect, ar~d
1~ep~ties shall
e restored to their prior position in this litiaation as if no
Settlement and Stipulation had been executed, without prejudice
to
any rarties’
position as
to any issue
or defense.
15. The Board shall retain jurisdiction of this case
throughout the period of implementation of this settlement agree-
ment for the purpose of enabling any party to apply to the Board
for any further order which may be necessary to construe, carry
out, or enforce compliance with the terms of this Settlement
Agreement.
Wherefore, Complainant and Respondent jointly pray that
the Board adopt and accept the foregoing settlement and stipula-
tion as written and order Complainant and Respondent to undertake
the actions specified herein.
—5—
74-281
DATE:
DATE:
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By ~9v~li~r~
nager, Enforcement
PEOPLE OF THE TAT OF I___ OIS
H
D
RYAN,
Chief
Environmental Control Division
MAJESTIC
WOOD
CARVING COMPANY
DATE:
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TITLE: ~
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—6—
74-282
CERTIFICATE OF SERVICE
I, GERALD T. KARR, an attorney hereby certify that I caused
a true and accurate copy of the attached Stipulation and Proposed
Settlement to be served upon,
Thomas Montalbano
Majestic Wood Carving Co.
President and Registered Agent
1740 North Maplewood
Chicago, Illinois 60647
John E. Cloney
Hearing Officer
212 North Elmore
Park Ridge, Illinois 60068
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 September 30, 1986.
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74-283