ILLINOIS POLLUTION CONTROL BOARD
March
17,
1977
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
)
PCB 76—309
REBA BUILDING CORPORATION,
)
)
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by Mr. Goodman):
This matter
is before the Board upon the Complaint filed by the
Attorney General of the State of Illinois
on behalf of the People
of the State of Illinois
(Attorney General)
,
alleging that Reba Build-
inq Corporation
(Reba)
failed to obtain an operating permit from the
Illinois Environmental Protection Agency
(Agency)
for an incinerator
associated with
a multi—unit apartment building known as Hillcrest
Apartments located
at 141 Greenbay Road, Wilmette,
Illinois.
A hearing was held in this matter on March
7,
1977.
No citizens
were present at the hearing,
and no public comment has been received.
At the hearing,
a Stipulation and Proposal for Settlement
(Stipulation)
was presented by the parties herein pursuant to Rule 333 of the
Board’s Procedural
Rules.
In
th’
Sti
p,il
~l~
iOfl
rind
ProV)sdl
for
5’t
b’m’nt
1~eb~iadm~
ts owner-
ship
of
Lhc mull i—unit. dpartmcnt building
known
dS
Hfl lerest Apart—
ments,
which
includes
a
single
chamber
incinerator
constituting
an
existing emission source as defined in Rule 101 of the Air Pollution
Regulations:
Chapter
2 of the Illinois Pollution Control Board Rules
and Regulations.
It is stipulated that Reba does not now have and at
no time since April
1,
1973 has had
a permit issued by the Agency to
operate
its incinerator.
It
is further stipulated that Reba operated
25
—
121
—2—
its incinerator on numerous occasions since April
1,
1973.
Since
January
20,
1977 Reba has ceased to operate its incinerator,
and,
testimony
at
the
hearing
indicated
that
the
incinerator
has
already
been welded shut and that the gas and electricity attached to the unit
have been disconnected
(R..5).
Reba has had and continues to have a
contract with Active Services Corporation to haul away and dispose of
ashes,
refuse and garbage from the building.
The Stipulation has been proposed to the Board as a method of
solving the problem herein without further litigation.
Reba agrees
to continue to have its refuse and garbage hauled away and to weld
the incinerator door shut, disconnect the gas line and disconnect
the electricity thereto.
In addition the Attorney General recommends
that no penalty be assessed in this case.
The Board
finds
the Stipu-
lation to be
a reasonable resolution of the violation admitted herein
and accepts the Stipulation in settlement of this case.
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.
Reba Building Corporation is found
to have violated
Rule 103(b) (2)
of the Board’s Air Pollution Regulations
and Section
9(b)
of the Environmental Protection Act
in
that
it failed
to have a permit issued by the Agency
to
operate
its incinerator located in Wilmette,
Illinois
from April
1,
1973 until December
2,
1976.
2.
Reba Building Corporation shall execute
the provisions
of the Stipulation and Proposal for Settlement
filed before
the Board March
7,
1977,
which Stipulation
is incorporated
horo
i
n
by
re forenrc’
tis
.i f
ful Iy
st’
t
forth.
3
.
~t
b
i
Id
i
n; (‘orcrL~ 1.
i oii
sIi~
t
I
1 r’.n~u~itidch’s
i s
t.h~
aforesaid violation unless and until such time as
it re-
ceives an operating permit for the incinerator from the
Agency.
25—in
—
3-.
I,
Christan
L.
Moffett,
Clerk
of
the
Illinois
Pollution
Control
Board, hereby certify
tI2e
above
Opinion
and
Order
were
adopted
on
the
j~day
of
~
,
1977
by
a
vote
of
4-o
Christan
L.
Mof~t,
Clerk
Illinois
Pollution
Control
Board
25
—
123