ILLINOIS POLLUTION CONTROL BOARD
    June
    28,
    1977
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 75—486
    CITY OF HIGHLAND,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Mr. Goodman):
    This matter comes before the Pollution Control Board
    (Board)
    on the December 19,
    1975 Complaint of the Environmental Protection
    Agency
    (Agency) which charges Respondent,
    the City of Highland
    (Highland), with violations of Rule 103(b) (2) of the Air Regulations
    and Section
    9(b)
    of the Environmental Protection Act.
    Hearings were
    held on June
    8,
    1976 and July 22,
    1976.
    A “Stipulation of Facts and
    Proposal for Settlement” was
    filed December
    9,
    1976,
    and amended
    by a “Second Stipulation of Facts and Proposal for Settlement”
    filed June
    10,
    1977.
    Highland owns and operates an electric generating and distribu-
    tion facility located at Highland, Madison County,
    Illinois.
    Equip—
    rnent at this facility include four
    (4)
    diesel units and three
    (3)
    coal-fired boilers.
    Under Rule 103(b) (2), operation of an electric generating
    facility such as Highland’s requires an operating permit from the
    Agency after May
    1,
    1973.
    Highland has never received an operating
    permit to permit operation of the three coal-fired boilers, but
    nevertheless operated its coal—fired boilers between May 1,
    1973
    and March 20, 1976.
    The coal-fired boilers have not been operated
    since the above date.
    26
    —
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    —2—
    The reason for the shut down was the completion of an inter-
    connect with Illinois Power Company
    (IP).
    IP and Highland made an
    agreement which provides for the interconnect to continue until
    July 1,
    1979, with IP to provide Highland with short—term firm
    capacity, emergency power, off-peak energy, and emergency start-up
    energy.
    The interconnect has been operational since March
    19,
    1976,
    and Highland maintains that as a result of the interconnect its coal-
    fired boilers will not be operated except in emergency situations.
    Respondent,
    in its stipulation, admits that it has operated
    its coal fired boilers between May
    1,
    1973 and March 20, 1976, with-
    out having received an operating permit from the Agency as required
    and therefore is
    in violation of Section 9(b)
    of the Act.
    Respondent agrees that
    it will not operate the coal—fired
    boilers except in emergency situations.
    Prior to any such emergency
    use, Highland agrees to utilize all available interconnect capacity
    with
    IP.
    Further, Highland agrees to provide telephone notifica-
    tion
    to EPA prior to use of the coal-fired boilers in emergency
    situations and to confirm said notification in writing within ten
    days.
    For its violation of Rule 103(b) (2)
    of the Air Regulations
    and Section
    9(b) of the Act, Highland has stipulated to a penalty of
    $250.00.
    The Board accepts the stipulation and Settlement of the parties
    and finds Respondent to have violated Rule 103(b) (2)
    of the Air
    Regulations and Section
    9(b)
    of the Act between May
    1, 1973 and
    March 20,
    1976.
    The Board assesses the stipulated penalty of $250.00
    for the violations.
    This Opinion constitutes the finding of facts and conclusions of
    law of the Board in this matter.
    ORDER
    It
    is the Order of the Pollution Control Board that:
    1.
    The City of Highland is found to have violated
    Rule 103(b) (2)
    of the Air Regulations and Section
    9(b)
    of the Act between May
    1,
    1973 and March 20,
    1976;
    26
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    12
    —3—
    2.
    The
    City of Highland shall pay the stipulated
    sum
    of $250.00
    as a penalty
    for the aforesaid vio-
    lations payment to be made within
    30 days of receipt
    of this Order by certified check or money order to:
    Control Program Coordinator
    Division of Air Pollution Control
    Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois
    62706
    3.
    The City of Highland shall comply with all the
    terms of the Second Stipulation of Facts and Proposal
    for Settle4ment submitted by the parties on June 10,
    1977, which is incorporated by reference as
    if fully
    set forth herein.
    I,
    Christan
    L.
    Noffett,
    Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order were ajlopted on
    the
    ~
    day of
    ~
    ,
    1977 by
    a vote of
    ~j—Q
    (V
    Christan L. Moffet
    ,
    erk
    Illinois Pollution
    trol Board
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