ILLINOIS POLLUTION CONTROL BOARD
    August 4, 1977
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 76—305
    LAWN SUPER
    FOOD
    MART,
    INC.,
    )
    Respondent
    )
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Goodman):
    On November
    24, 1976,
    the Attorney General on behalf of the
    People of the State of Illinois
    (People)
    filed a complaint against
    Lawn Super Food Mart,
    Inc.,
    (Lawn)
    alleging that Lawn had operated
    its incinerator without first obtaining the requisite operating
    permit,
    in violation of Rule 103(b) (2) (A)
    of the Air Pollution
    Regulations
    (Chapter
    2)
    and Section 9(b)
    of the Environmental Pro—
    tection Act
    (Act).
    A hearing was held in this matter on
    June
    2,
    1977,
    in Chicago,
    Illinois.
    No citizen witnesses testified.
    On July
    13, 1977,
    the parties submitted a Stipulation and Proposed
    Settlement.
    Lawn owns and operates a food market on South Pulaski Road in
    Chicago,
    Illinois.
    The incinerator at the facility is capable of
    emitting particulates into the atmosphere and was installed prior
    to April 14,
    1972, and therefore constitutes an existing emission
    source.
    Lawn stipulates that it did not obtain a permit from the
    Environmental Protection Agency to operate its incinerator and that
    it operated this incinerator on numerous occasions since the permit
    requirement became effective.
    The stipulation indicates that since
    at least April
    9,
    1977,
    Lawn has ceased to operate its incinerator,
    although the incinerator remains in the facility and can be made
    operational at any time.
    Lawn has presently contracted with a
    commercial waste disposal company to haul away and dispose of garbage
    and
    refuse from the facility.
    —2—
    In the Terms of Settlement,
    Lawn agrees to continue to have its
    refuse hauled,
    to cease use of the incinerator,
    and to tack weld the
    incinerator door shut and disconnect the gas line and electricity to
    the incinerator.
    The Complainant recommends that no penalty be
    assessed in this case.
    The Board has considered the requirements of Section 33(c)
    of
    the Act.
    The stipulated facts indicate that the food market has
    social and economic value to the community and is suitable to the
    area in which it is located,
    The injury to the public is that in—
    herent in
    a violation of the permit requirements.
    The Board finds that the Stipulation
    and. Proposal for Settlement
    submitted by the parties represents a satisfactory resolution of the
    problem present~edherein and will adequately serve to protect the
    environment.
    The Board finds that no penalty is warranted and
    orders Lawn to adhere to the Terms of Settlement.
    This Opinion constitutes the findings of fact and conclusions of
    law of the Board in this matter.
    ORDER
    It is the Order of the Pollution Control Board that:
    1.
    Lawn Super Food Mart,
    Inc.,
    is found to have operated
    an incinerator without the required permit,
    in violation of
    Rule 103(b) (2) (A)
    of the Air Pollution Regulations and
    Section 9(b)
    of the Act.
    2.
    Lawn shall comply with the Terms of Settlement agreed
    to in the Stipulation and Proposal for Settlement submitted
    by the parties on July 13,
    1977, which is incorporated by
    reference as
    if fully set forth herein.
    Mr. Dumelle concurs.
    I, Christan
    L. Moffett,
    Clerk of the Illinois Pollution Control
    Board, h~rebycertify the above Opinion and Order were adopted on
    the
    ~
    day of
    ,
    1977 by a vote of
    ~
    istan
    L. Moffet
    ,
    rk
    Illinois Pollution
    ol Board

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