ILLINOIS POLLUTION CONTROL BOARD

October

28, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

PCB 75—324

MAJESTIC WOOD CARVING COMPANY,

Respondent

OPINION AND ORDER OF THE BOARD

(by Mr. Dumelle):

This matter was brought before the Board on a Complaint filed

on August

22, 1975 by the Environmental Protection Agency

(Agency)

against Majestic Wood Carving Company

(Majestic)

located at

1740

North Maplewood Avenue, Chicago, Cook County,

Illinois,

An

Amended Complaint was filed on November

7,

1975 which includes

four counts alleging violations at Majestic~sunupholstered

furniture manufacturing facility.

On July 23, 1976 a hearing

was held

in this matter at which the parties presented a Stipula-

tion and Proposal for Settlement pursuant to Rule 333 of the Board~s

Procedural Rules.

Count

I of the Amended Complaint c~:u~esMajestic with

failure

to have operating permits from the Agency,

in violation

of Rule 103(b) (2)

of the Board’s Air Pollution Control Regulations

(Air Rules)

and Section 9(b)

of the Act,

Count

II charges

Majestic with construction of a gas~-firedboiler without an Agency

construction permit,

in violation of Air Rule 103(a) (1) and

Section 9(b)

of the Act~ Count III charges Majestic with excessive

particulate emissions from its wood-~firedboilers,

in violation

of Rule 3-3.112 of the Board~sOld Air Rules and Section 9(a)

of the Act between July

1, 1970 and May 30,

1975, and in viola-

tion of Air Rule 203(g) (1) (A)

and Section 9(a)

of the Act from

May

31,

1975 on.

Count

IV charges Majestic~soperations with

causing

“air pollutionu

in violation of Section 9(a)

of

the Act.

In paragraphs

21 through 24 Majestic admits facts sufficient

for the Board to find the violations

as alleged in Counts

I,

II, and III of the Amended Complaint with the exception of

Air Rule 203 (g) (1) (A) which the Board finds inappropriate in

this case due to the Supreme Court~sdecision in Commonwealth

Edison Company v.

PCB,

62 Ill.2d 494,343 N.E.

2d 459(1976)

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125

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No evidence

is presented regarding the violation alleged in Count IV,

The Board has also considered the Stipulation as it relates to the

reasonableness of Majestic’s emissions under Section 33(c)

of the Act.

Paragraph 32 of the Stipulation presents the parties’

Proposal for Settlement.

Majestic has agreed to obtain the

required permits, complete construction of a wet scrubber, execute

a performance bond of $5,000, and pay a penalty of $1,750.00.

The Board will accept the Proposal for Settlement

in all respects.

This Opinion constitutes the Board’s findings of fact and

conclusions of

law.

ORDER

The Board hereby adopts and accepts the Proposal for Settle-

ment submitted by the parties and hereby orders the following:

1.

Respondent Majestic Wood Carving Company is hereby

found to have violated Rules 103(b) (2) and 103(a) (1)

of the

Board’s Air Pollution Control Regulations, Rule 3-3.112 of

the Board’s Old Air Rules and Sections 9(a)

and

(b)

of the

Environmental Protection Act.

2.

As a penalty for the aforesaid violations,

Respondent

Majestic Wood Carving Company shall pay to the State of Illinois

the sum of $1,750.00, payment to be made within 35 days of

the date of this Order by certified check or money order to:

State of Illinois

Fiscal Services Division

Illinois Environmental Prot:::ction Agency

2200 Churchill Road

Springfield, Illinois

62706

3.

Respondent Majestic Wood Carving Company shall complete

construction of the wet scrubber emission control device

for its woodwaste—fired boiler within

60 clays

of receipt

of this Order.

Respondent shall obtain an operating permit

for its wet scrubber system within

60 days thereafter.

4.

Respondent Majestic Wood Carving Company shall execute

within

30 days of the date of this Order,

in a form acceptable

to the Environmental Protection Agency,

a performance bond

in the amount of $5,000.00

to guarantee the performance of

the measures set forth in paragraph

3 above.

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126

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5,

The allegation, in Count III,

of a violation of Air

Rule 203(g) (1) (A)

is hereby dismissed.

6.

Count

IV of the Complaint is hereby dismissed without

prejudice.

IT

IS SO ORDERED.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution Control

Boa~d, hereby certify the above Opinion and Order were adopted on the

~day

of October, 1976 by a vote of

~D

Illinois

trol Board

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