ILLINOIS POLLUTION

CONTROL BOARD

April

26,

1979

RICHLAND FOUNDRY COMPANY, and

KETTLER CASTING CO.,

INC.,

Petitioners,

v,

)

PCB 78—274

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

PRESTON

K.

JOHNSON,

JR., JOHNSON

& JOHNSON AND GREGG KETTLER

APPEARED ON BEHALF OF PETITIONERS;

REED

NEUMAN, ASSISTANT ATTORNEY GENERAL,

AND WALTER FRANKE,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

APPEARED ON BEHALF

OF RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by Mr. Goodman):

On October

27,

1978,

Richland Foundry Company

(Richiand)

filed

its petition before the Board requesting extension of

a variance granted previously in PCB 78-51.

In a subsequent

amended petition the Kettler Casting Corporation

(Kettler)

was added

as a Petitioner.

Pursuant to an objection filed

before the Board on November

27,

1978,

a hearing was held in

this matter on February

2,

1979.

The July

6,

1978 Order of the Board in PCB 78-51 granted

Richland a variance until December 31,

1978 based upon the

fact the foundry planned to cease operation as of that date

and the fact that

“particulate emission violations would be

minimal and that the harm to the environment would be de

minimus.”

The original plan was for Richland to cease

operation at the end of 1978 and for Kettler to begin at

that time an operation making the same general types

of

castings

at a different location.

Kettler plans

to utilize

an

electric furnace at its new location but,

due to a con-

struction worker’s strike in Southern Illinois during the

late

summer of 1978,

Kettler will not be operational until

about April

30,

1979.

The Petitioners herein request the

Board extend the variance previously granted to Richland so

that

it may stay in operation and service the needs of its

customers until Kettler has its facility in a position to

continue servicing the customers after Richiand shuts down.

33—403

---

—2—

Richland alleges that the Village of Swansea, the owner of

Richland’s present premises, has given Richiand permission

to continue operation until April

30, 1979,

at the present

facility in order to avoid hardship on employees and customers.

In its recommendation, the Agency indicates it has no reason

to believe the situation

is not as Richiand has alleged and

further states that it does not believe that the air quality

will be affected by Richiand in the Belleville area for the

short period until April

30,

1979,

The Agency recommends

that variance be granted from Rules 103(b)(2),

202(b) and

203(b) of the Air Pollution Control Regulations until April

30,

1979,

subject to certain conditions.

On November 27, 1978 the Board received an objection to

the variance from Mrs. Justine Eiseman of Belleville,

Illinois,

which precipitated the hearing held herein.

Although Mrs.

Eiseman

was contacted by the Hearing Officer and made aware

of the time

and place of the hearing

to be held pursuant to

her

objection,

neither she nor any other member

of the

public attended the hearing,

and therefore no evidence

concerning the public reaction to the proposed variance was

adduced.

Considering the allegation by Petitioners of no

harm to the environment should the proposed variance be

granted,

the recommendation for grant of the variance by the

Agency after investigation,

and the hardship to the employees

and

customers of Richland should the variance not be granted,

the Board will grant the variance requested under certain

conditions.

This Opinion constitutes the findings of fact and

conclusions of law of the Board

in this matter.

ORDER

Finding that the Richland Foundry Company is currently

unable to comply with the Board’s Regulations,

the Board,

pursuant to the Opinion herein, will grant Richland variance

from Rules 103(b)(2),

202(b)

and 203(b) of the Board’s Air

Pollution Control Regulations until April

30,

1979,

subject

to the

following conditions:

a)

Richland shall not process more than 6,000 pounds

of metal per hour for 1—1/2 hours each day;

b)

Richland shall

keep its particulate control spray

device

in working order with all units operating;

c)

In the event that the control device unit fails to

operate, Richland shall

cease process operations

until the particulate control device unit

is

repaired and shall advise the Agency of such

failure;

33—404

---

—3—

d)

Richland shall cease its operation on or before

April

30,

1979 pursuant to its proposed program of

compliance;

e)

Richland shall post a surety bond in the amount of

$3,000.00 in a manner satisfactory to the Illinois

Environmental Protection Agency.

Such bond shall

be sent to Illinois Environmental Protection

Agency,

2200 Churchill Road, Springfield,

Illinois

62706.

f)

Within 45 days

of the adoption of this Order,

Richland Foundry Company shall execute and forward

to the Illinois Environmental Protection Agency,

at the address listed in paragraph

(e) above,

a

Certification of Acceptance and Agreement

to be

bound to all terms and conditions

of this Order.

The

45 day period shall

be held in abeyance during

any period this matter

is being appealed.

The

form of said certification shall

be as follows:

CERTIFICATION

I

(We),

_______________________,

having read and

fully understanding the Order of the Illinois Pollution

Control Board in PCB 78-274, hereby accept said Order and

agree

to be bound by all

of the terms and conditions thereof.

SIGNED ________________________

TITLE __________________________

DATE ____________________________

I,

Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby ceçtify the above

q

inion and Order

were adopt~don the c~(i~ day of

_____________,

1979 by

a

vote of

~3~O

Christan L. Moffet~,

rk

Illinois Pollution

on rd

Board

33—405