ILLINOIS POLLUTION CONTROL BOARD

May 24, 1979

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v,

)

PCB 77—287

INDUSTRIAL COATING,

Respondent.

MR. DEAN HANSELL, ASSISTANT ATTORNEY GENERAL, APPEARED ON

BEHALF OF COMPLAINANT;

MR. JAMES G, O’DONOHUE APPEARED ON BEHALF OF RESPONDENT.

OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):

On November 30, 1978 the Board remanded this case to

the parties and the Hearing Officer for the development of

an internally consistent record. On December 14, 1978

Complainant filed an Amended Complaint which alleged that

Respondent had violated Rule 103(b)(2) of the Air Pollution

Control Regulations by conducting sand blasting operations

without a permit. On January 10, 1979 the parties filed a

revised stipulation and proposal for settlement. On January

22, 1979 the Hearing Officer filed an Order in which he held

that the Amended Complaint and revised stipulation cured the

deficiencies in

the record and that no further hearings were

necessary.

The revised stipulation states that a representative of

Complainant discovered the violation alleged in the Amended

Complaint during an inspection of Respondent’s facilities in

Chicago. Respondent has admitted the violation and agreed

to apply for a permit, keep the building doors closed during

the colder months to prevent fugitive emissions, conduct an

engineering analysis to determine the necessary steps to

eliminate visible emissions, maintain filters on each of its

roof fans, and notify Complainant of its progress in these

areas. The parties agree that no penalty is needed in this

case to aid in the enforcement of the Act.

The Board accepts the stipulation as a reasonable

resolution of this case. Although it is slightly unorthodox

to hold a hearing first, in this case October 13, 1978, and

33— 555

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file an Amended Complaint and revised stipulation later, the

Board will not require another hearing to be held. The

stipulation was discussed at the hearing and no members of

the public were present so adequate notice has been provided.

This Opinion constitutes the Board’s findings of fact

and conclusions of law in this matter.

ORDER

1, Respondent has violated Rule 103(b)(2) of the

Board~s Air Pollution Control Regulations.

2. Respondent shall comply with the terms and conditions

of the revised stipulation which is incorporated

in this Order as if fully set forth herein.

IT

IS SO ORDERED.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board, here~y certify the above Opinion and Order were

ado~~~~he ~4/

‘-

day of

IY)

&~

,

1979 by a vote

6

Illinois Pollution Co’

Board

33—556