ILLINOIS POLLUTION CONTROL BOARD
March
3,
1977
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
)
PCB 76—112
FLINT INK CORPORATION,
)
Respondent.
MS. HELGA HUBER, Assistant Attorney General, appeared on behalf
of the Complainant;
MR. GARY SCHUMAN, appeared on behalf of Respondent.
OPINION
AND
ORDER OF THE BOARD
(by Mr. Goodman):
This matter comes before the Board on a Complaint filed on
April
22,
1976 by the People of the State of Illinois
(the
“People”)
against Flint Ink Corporation
(Flint)
regarding its facility located
at 2601 Gardner Road,
Broadview,
Cook County, Illinois.
The Complaint
charges Flint operated its ink manufacturing facility so as to allow,
on April
16,
1976, approximately 1641 gallons of Toluene and Lactol
Spirits to flow from underground storage tanks into Flint’s parking
lot and thence into Gardner Road in Broadview.
The Complaint alleges
that this discharge resulted in the emission of contaminants into the
atmosphere and that these contaminants were of sufficient quantity and
of such characteristics and duration as to violate Section 9(a)
of the
Environmental Protection Act
(Act).
On June 14,
1976 Flint filed its Motion To Dismiss.
Flint argued
that
the prosecution of this matter was barred
by
the doctrines of
res judicata and double jeopardy.
On June
25,
1976 the People filed
~E~ir
Response
to Motion To Dismiss.
Flint’s Motion was denied by the
Board on July
8,
1976.
A hearing was held in this matter on January
11,
1977 at which the parties presented their Stipulation of Facts
and Agreed Settlement which was filed with the Board on January
12,
1977.
The Parties’
Stipulated Facts present sufficient admissions to
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support a finding of Air Pollution under Section 3(b)
of the Act and
a violation of Section
9(a)
of the Act.
The Board incorporates by
reference into this Opinion as
if set forth fully herein the January
12,
1977 Stipulated Facts.
The Board finds that the forced evacuation
of persons from their homes which was occasioned by the complained of
incident
(Stipulation paragraph
9), and the toxic nature of the emis-
sions
(Stipulation paragraph 10) clearly indicates two types of “Air
Pollution”
as defined in Section 3(b)
of the Act.
The forced evacu-
ation of residential dwellings, when the technical practicability and
economic reasonableness of avoiding the emissions was so obviously
present
(see Stipulation paragraph 13), when coupled with the lack of
any issues regarding the other considerations regarding Section 33(c)
of the Act, can only lead to the conclusion that this interference
with the enjoyment of life or property was, indeed unreasonable and
in violation of Section 9(a) of the Act.
Further,
the toxic nature of these emissions require
a finding
that the contaminants released into the atmosphere were in sufficient
quantities and of such characteristics and duration as to be injurious
to human,
plant, and animal life,
to health,
and to property.
These
emissions clearly violated Section 9(a)
of the Act in this regard.
PROPOSED SETTLEMENT
In their Proposal For Settlement the parties have agreed that
a
penalty of $1,000.00
is appropriate.
The Settlement also provides for
the installation, operation,
and maintenance of certain safety features
designed to prevent the recurrence of this type of pollution.
Flint
has agreed to install an automatic shut—off for the lactol spirits
pump,
a master electrical control switch with indicator light and double check
valves to prevent back feeding.
Flint has further agreed to install
“High Level Liquid Tank Controls” and conservation vent valves on its
underground storage tanks.
Flint will also request its suppliers to
deliver lactol spirits and toluene in tank trucks equipped for vapor
return and will equip its underground tanks with provisions necessary
for vapor
return.
Flint further agrees to amend
its permit applica-
tions with the Agency regarding these devices and allow inspection of
its
facilities.
All of the work described above is
to be completed
within
90 days of the signing of the agreement by the parties.
The Board finds the Proposal for Settlement to be acceptable.
Given the proposed remedial and constructive work proposals, the final
resolution of this matter will be in the best interests of the people
of Illinois.
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This Opinion constitutes the Board’s findings of fact and
conclusions of law.
ORDER
The Board hereby accepts and adopts the parties’ Proposal
for Settlement,
filed January 12, 1977 and hereby incorporates
that agreement
as if set forth fully herein.
Pursuant to the
adoption of the Proposal for Settlement the Board Orders
as
follows:
A.
Respondent Flint Ink Corporation is hereby found to
have discharged contaminants into the environment
of Illinois
in sufficient quantities and of such
characteristics and duration as
to be injurious
to human,
plant, and animal life,
to health, and
to property, and to unreasonably interfere with
the enjoyment of life and property thus constituting
Air Pollution as defined in Section
3(b)
of the Act
in violation of Section 9(a)
of the Act.
B.
Respondent Flint Ink Corporation shall pay as
a penalty for the aforesaid violations the sum
of $1,000.00
to the State of Illinois.
Payment
shall be made by check or money order within
35 days
of the date of this Order
to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois
62706
C.
Respondent Flint Ink Corporation shall comply with
all provisions and conditions of the Proposal
for
Settlement filed with the Board on January
12, 1977
~i
nd
ineorpor~ted by reference
nbove.
IT IS SO ORDERED.
Mr.
Durnelle abstains.
I,
Christan
L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify the above Opinion and Order were adopted on the
________day
of March,
1977 by a vote of
4_~
Christan L. Noffet
•,,i2.lerk
Illinois Pollution
ntrol Board
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