ILLINO
    IS
    POLLUT :ON
    CONTROL
    BOARD
    June
    9~
    1977
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Complainant,
    V.
    )
    PCB
    76—263
    SOUTH
    SIDE
    FOUNDRY
    CORPORATION,
    Respondent.
    MR.
    PATRICK
    J.
    CHESLEY.
    ASSISTANT
    ATTORNEY
    GENERAL,
    ENVIRONMENTAL
    CONTROL
    DIVISION,
    APPEARED
    ON
    BEHALF
    OF
    THE
    COMPLAINANT;
    MR.
    RICHARD
    J.
    TROY,
    OF
    SNEIDER
    &
    TROY,
    APPEARED
    ON
    BEHALF
    OF
    THE
    RESPONDENT.
    OPINION AND
    ORDER
    OF
    THE
    BOARD
    (by
    Mr.
    Dumelle)
    On October 22,
    1976
    the
    Environmental
    Protection
    Agency
    (Agency)
    filed
    a Complaint
    against
    South
    Side
    Foundry
    (Foundry),
    a
    corporation
    located
    in
    Peoria
    County
    held
    by
    two
    family
    members.
    The
    Complaint
    charges
    Respondent
    with
    operating
    its
    cupola
    without
    having
    obtained
    an
    operating
    permit
    from
    the
    Agency
    as
    required
    by
    Rule
    103(b)
    (2)
    of
    the
    Pollution
    Control
    Board
    Rules
    and
    Regulations,
    Chapter
    2:
    Air
    Pollution.
    A
    hearing was
    held
    February
    8,
    1977
    at
    Peoria
    City
    Hall.
    At
    the
    hearing,
    Respondent
    reluctantly
    admitted
    being
    in
    tech-
    nical
    violation
    of the Rule
    (R.9).
    Respondent
    believed,
    up
    until
    the
    time
    of
    the
    enforcement
    aet:ion,
    howevcr,
    tflr~iti5
    permit
    appli-
    cation
    was
    being
    processed.
    Securr:~
    conimui~i
    ua~ions
    with
    Agency
    personnel
    reinforced
    this
    belief.
    Respondent
    had applied for
    a permit
    in
    October,
    1972,
    Notice
    of the denial
    was received in December of
    1972.
    The
    basis
    for
    the
    denial
    was
    the need for a variance
    from
    the Board.
    On
    January
    19,
    1973,
    the Board
    granted the Foundry a variance
    (PCB
    72—lOS)
    .
    It was
    at this stage
    that the Foundry thought its
    permits application would
    be
    processed
    since
    it
    then
    met
    all
    the
    substantive
    requirements for
    25
    693

    —2—
    the Agency permit;
    it did not realize, nor was
    it subsequently
    informed,
    that it had to refile all of the information with the
    Agency.
    The Board agrees with the Agency that the polluter should bear
    the responsibility for compliance with the pollution laws.
    Based
    on that reasoning and that Respondent has admitted it did not have
    the required permit,
    the Board finds South Side Foundry in violation
    of Rule
    103(b) (2)
    of Chapter
    2:
    Air Pollution.
    The Board does not
    believe,
    however,
    that a penalty in this case would aid enforcement
    of the Act.
    Respondent believed it was doing all it could to comply
    with the Regulation and the facts support that the belief was justi-
    fied.
    Between l~72and the time of the present enforcement action,
    the
    Foundry and Agency personnel communicated a number of times by letter,
    by telephone, and via Agency visits.
    As a result, Respondent testi-
    fied, the Agency had been advised of the Foundry’s current status
    (R.8).
    Respondent notified the Agency that its permit application
    was being processed by the Agency
    (R.7,50), and that conversion to
    oil
    or
    propane,
    which
    had
    been
    ordered
    in
    a
    previous
    enforcement
    action, was not feasible due to lack of available space
    for a tank
    (R.8).
    The Agency’s response was this enforcement action.
    Consideration of the Act’s Section
    33(c)
    factors supports this
    conclusion as well.
    No members of the public reported any injury or
    nuisance resulting from Respondent’s violation.
    While the Foundry
    has been in operation for
    50 years,
    the president claimed is
    a small
    operation, one that doesn’t even keep
    logs of the cupola operation.
    In 1972
    family members contributed to the company to keep
    it out of
    bankruptcy.
    The Foundry studied alternatives.
    The cost of conversion
    to electric furnaces would have been “a couple hundred thousand” back
    in 1972
    (R.3l).
    The Combustor Equipment Company reported there was
    no available space
    to locate a gas tank.
    While no evidence was
    offered as to proximity to residential areas,
    Respondent indicated it
    is surrounded by a highway,
    a railroad, Peoria Water Company and a
    meat company.
    Given
    that
    RespondenL
    notified
    the Agency of
    its
    activity,
    that
    the Foundry had complied with the substantive requirements for the
    permit,
    and that it had attempted to convert to a more efficient
    system,
    i.e. that no bad faith was shown,
    the Board finds that a
    penalty
    is unwarranted.
    This Opinion constitutes the Board’s finding of fact and conclu-
    sion of law.
    ~i94

    —3--
    ORDER
    1.
    Respondent
    South
    Side
    Foundry
    is
    hereby
    found
    to
    have
    violated Rule 103(b) (2)
    of the Pollution Control Board Rules
    and Regulations,
    Chapter
    2:
    Air Pollution.
    2.
    Respondent
    South Side Foundry shall submit to the Agency,
    within
    30 days of the date of this Order,
    its permit appli-
    cation in compliance with all the procedural
    requirements of
    the Agency.
    IT IS SO ORDERED.
    I,
    Christan
    L.
    Moffett, Clerk of the Illinois Pollution Control
    Board,
    hereby certify
    the above Opinion and Order were adçpted on the
    g-k
    day
    of
    ~.
    ,
    1977 by a vote of
    ~
    Christan
    L.
    Moff
    jt~,~iClerk
    Illinois Pollutithi~-~ontrolBoard
    25
    695

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