ILLINOIS POLLUTION CONTROL BOARD
    April 28,
    1977
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    )
    v.
    )
    PCB 73—286
    CITY OF
    CHICAGO,
    )
    Respondent.
    MR. MICHAEL A.
    BENEDETTO, Assistant Attorney General, appeared
    on behalf of the Complainant;
    MR. HENRY WEBER, Assistant Corporation Counsel,
    appeared on behalf
    of the Respondent.
    OPINION AND ORDER OF THE BOARD
    (by Mr.
    Dumelle):
    This matter comes before the Board on a second Stipulation,
    submitted by the parties on March 11, 1977.
    The Complaint in
    this matter was
    filed against the City of Chicago on July
    13,,
    1973.
    A hearing was held on June 11,
    1976 at which a Stipulation
    was submitted.
    On September 30, 1976 the Board rejected the
    Stipulation and remanded this action back to the hearing officer
    (EPA v. City of Chicago, PCB 73-286, ____PCB
    ).
    The
    Opinion is hereby incorporated by reference.
    The Board’s
    reason for rejecting the first stipulation was the lack of
    information on the current compliance status of
    the six furnaces
    which comprise the City’s Calumet Incinerator located at 103rd
    and Doty Avenue, Chicago, Cook County, Illinois.
    A second
    hearing was held on March 11,
    1977.
    The March 11,
    1977 Stipulation remedies the inadequacy
    of the June 11,
    1976 Stipulation.
    Briefly,
    the Stipulation
    states that Furnaces #1,
    2,
    3,
    4,
    and
    6 are presently in
    compliance.
    Further, Furnace #5 is presently not being operated,
    pending improvements to its scrubber.
    Upon the completion
    of its repair work, the City will apply for a permit from the
    Agency.
    If a permit is denied,
    the City agrees to abandon
    further use of Furnace #5.
    The Board finds this proposal to be
    acceptable and will approve the March 11,
    1977 Stipulation.
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    345
    —2—
    The remaining issue is the size of any penalty to be
    imposed for the admitted violations of Air Pollution Regulation
    103(b) (2)
    requiring operating permits, and the emission
    standards of Air Pollution Regulation 3—3.232.
    The Board’s
    September 30,
    1976 Opinion in this matter sets forth considera-
    tion of the reasonableness of these emissions and of the
    failure to obtain Agency permits.
    The Board finds that while a penalty would normally be
    appropriate for such violations as have been herein admitted,
    such a penalty, under the particular circumstances of this
    case would not, on balance, be useful to aid in the enforcement
    of the Act
    and with the fact that the Calumet Incinerator is now
    apparently in compliance with the Air Pollution Regulations the
    Board finds that the Stipulation in this matter should be accepted
    and no penalty assessed.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law.
    ORDER
    1.
    Respondent City of Chicago is hereby found
    to have
    violated Air Pollution Regulations 3—3.232
    (Old Regulations) and
    103(b) (2)
    at its facility known as the Calumet Incinerator.
    2.
    Respondent shall adhere to the compliance program
    for Furnace #5 as set forth in the Stipulation
    (which is
    hereby incorporated and adopted by reference as
    if fully set
    forth herein)
    and at the March 11,
    1977 hearing
    (pages
    7,
    8).
    a.
    Until the stated repairs are made, Furnace #5
    shall not be operated.
    b.
    Upon completion of repair work, and a 90-day
    test run,
    the City shall apply to the Agency for an
    operating permit.
    c.
    If the permit application is denied the City shall
    cease operation of Furnace
    #5
    as soon as alternative means
    are available for the disposal of that refuse, but not
    later than August
    1, 1977.
    IT IS SO ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Opinion and Order were adopted on the
    -,
    day of April,
    1977 by a vote of
    ~
    Christan L. Moffett, Clerk
    Illinois Pollution Control Board
    25
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    346

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