ILLINOIS POLLUTION CONTROL BOARD
January
4,
1979
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
)
PCB 78—180
BULK SERVICE CORPORATION,
a
Nevada corporation,
Respondent.
MR. STEPHEN T. GROSSMARK, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
HUBACHEK,
KELLY, RAUCH
& KIRBY, ATTORNEYS AT LAW
(MR. ROBERT 0.
WIENKE*
,
OF COUNSEL), APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by Mr. Werner):
This matter comes before the Board on the July
3,
1978
Complaint brought by the Illinois Environmental Protection Agency
(“Agency”).
Count
I of the Complaint alleged that the Respondent
operated its rail hopper and choke unloading facility from
February
1,
1973 until July
3, 1978 without first obtaining an
Operating Permit from the Agency in violation of Rule 103(b) (2)
of
Chapter
2:
Air Pollution Control Regulations and Section 9(b)
of
the Illinois Environmental Protection Act
(“Act”).
Count
II of
the Complaint alleged that Bulk Service Corporation
(“Bulk
Service”)
emitted particulate matter into the atmosphere from the
rail hopper and choke unloading facility
in 1976 which were in
excess of the allowable emissions
in violation of Rule 203(b)
of
Chapter
2:
Air
Pollution Control Regulations
and Section
9(a) of
the Act.
A hearing was held on November
28,
1978.
The parties
filed a Stipulation and Proposal for Settlement on December
1,
1978.
*The Respondent was not represented by counsel at the hearing,
but Respondent’s counsel was instead
in communication with the
Hearing Officer and had requested that the Stipulation and
Proposal for Settlement be admitted into evidence.
(Record, p.4).
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—2—
The stipulated facts indicate that Bulk Service was
incorporated
in Illinois on or about December
6,
1956.
Nevada CID
Corporation,
a Nevada corporation,
became qualified to do business
in Illinois on or about March
8,
1977.
Bulk Service merged into
Nevada CID Corporation on or about March
28,
1977.
Nevada CID
Corporation changed its name to Bulk Service Corporation on or
about May 26,
1977.
(Stipulation,
p.
2).
Bulk Service Corporation has owned and operated a rail dump
and choke unloading facility
(the “facility”)
in the Tn-City
Regional Port District near Granite City in Madison County,
Illinois,
since at least April
13,
1972.
(Stipulation,
p.
2—3)
The facility consists of three choke pits which are used to
transfer dry materials such as soybean meal, corn pellets,
and
soda ash from rail hopper cars to barges.
These choke pits have
been operated 24 hours per day
(except for Christmas Day and New
Year’s Day)
,
7 days per week,
and 52 weeks per year during each
year since two choke pits were installed
in 1969 and the third
in
1976.
(Stipulation,
p.
3).
Bulk Service transferred approximately 1,000,000 short tons
of dry material in 1976;
890,000 short tons in 1977; and 580,000
short tons as of July 31,
1978,
at its facility.
However, the
Company has never possessed an Operating Permit from the Agency
to operate any of the choke pits at the facility.
Bulk Service
applied for an Operating Permit on December
5,
1977.
The
application was returned for additional information on December 15,
1977.
A Notice of Violation was sent to Bulk Service on March 17,
1978.
(Stipulation,
p.
3)
Three construction permits were issued to Bulk Service
on
July
6,
1978,
to construct three different types of particulate
control equipment on the choke pits.
Construction pursuant to,
and in compliance with, these Construction Permits was completed
on August 14,
1978.
(Stipulation,
p.
3-4).
It
is stipulated that
one method of particulate control constructed on one of the choke
pits
is preferable over the methods of control constructed on the
other two choke pits and is capable of bringing the facility into
compliance.
(Stipulation,
p.
4).
Accordingly,
Bulk Service has
agreed to install this more satisfactory method of particulate
control on the remaining two choke pits.
(Stipulation,
p.
4).
The proposed settlement agreement also provides that Bulk
Service Corporation:
(1)
admits that it has not had an Operating
Permit since June
1,
1973,
in violation of Rule 103(b) (2)
of
Chapter
2:
Air Pollution Control Regulations;
(2)
admits that
in 1976
it emitted particulate matter in excess of that allowable
under Rule 203(b)
of Chapter
2:
Air Pollution Control Regulations,
in violation of that Rule;
(3) agrees to promptly file Construction
32—356
—3—
Permits with the Agency for construction
of the agreed
upon
particulate control equipment on the remaining two choke pits;
(4)
agrees to complete construction of the particulate control
equipment on the two remaining choke pits pursuant to the
Construction Permits within 30 days of receipt by Bulk Service
of Construction Permits issued by the Agency;
(5) agrees to apply
to the Agency for Operating Permits for the particulate control
equipment on the three choke pits within two weeks of when
construction of the control equipment is completed;
and
(6) agrees
to pay a stipulated penalty of $500.00 for the violations admitted.
In evaluating this enforcement action and proposed settlement,
the Board has taken into consideration all the facts and circum-
stances
in light of the specific criteria delineated
in Section
33(c)
of the Act.
Incinerator,
Inc.
v.
Illinois Pollution Control
Board,
59
Ill.
2d 290,
319 N.E.
2d 794
(1974)
.
Accordingly,
the
Board accepts the Stipulation and Proposal for Settlement and finds
that Bulk Service Corporation has violated Rule 103(b) (2)
and Rule
203(b)
of Chapter
2:
Air Pollution Control Regulations and Section
9(a)
and Section 9(b)
of the Illinois Environmental Protection Act.
The Board imposes the stipulated penalty of $500.00
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.
Bulk Service Corporation has violated Rule 103(b) (2)
and
Rule 203(b)
of Chapter
2:
Air Pollution Control Regulations and
Section
9(a) and Section 9(b)
of the Illinois Environmental
Protection Act.
2.
Within 35 days of the date of this Order, Bulk Service
Corporation shall pay the stipulated penalty of $500.00
,
payment
to be made by certified check or money order to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield,
Illinois
62706
3.
Bulk Service Corporation shall comply with all the terms
and conditions of the Stipulation and Proposal for Settlement
filed December
1,
1978, which
is incorporated by reference as if
fully set forth herein.
Mr. Dumelle concurred.
I, Christan
L.
Moffett, Clerk of the Illinois Pollution
Control Board, herQby certify the above Opinion and Order were
adopted on the
s.J1’~
day of
-
,
1979 by a
vote of
_________
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