ILLINOIS POLLUTION CONTROL BOARD

June

18, 1976

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 75—427

DEL MONTE CORPORATION,

Respondent.

Mr. James

L.

Dobrovolny, Assistant Attorney General, appeared on

behalf of Complainant

Mr. Thomas

J.

Irnmel,

Burditt and Calkins, appeared on behalf of

Respondent

Mr. Daniel

T. Williams,

Jr., Roszkowski,

Paddock,

NcGreevy

& Johnson

appeared on behalf of Robert

R. Swanson

OPINION

AND

ORDER OF THE BOARD

(by Mr. Goodman):

This matter comes before

the Pollution Control Board

(Board)

upon the October

31,

1975 Complaint of the Environmental Protection

Agency

(Agency) charging the Del Monte Corporation

(Del Monte)

with

operating a can manufacturing facility in Rochelle,

Illinois, without

an operating permit in violation of Rule 103(b) (2) of the Air Regu-

lations and Section 9(b) of the Environmental Protection Act

(Act)

since June

1,

1973.

A hearing was held May 13,

1976, at which a

Stipulation was presented to the Board.

Del Monte owns and operates four plants in the

City

of Rochelie,

Ogle County,

Illinois.

The Plants are involved in the canning, ware-

housing and distribution of food products.

The subject plant

(#115)

manufactures cans for use in the other plants’

canning processes

as well as

in DeKaib and Mendota,

Illinois.

At Plant #115 rolled sheet steel

is cut to 3~x3’and coated

with protective lacquer to prevent interior corrosion.

Vapors are

22—137

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—2—

vented through hoods and stacks to the roof.

This equipment has

been in operation prior to April,

1972 and has no permit.

The coated sheets are passed through two 150 foot ovens

to

bond the coating.

The products of combustion and coating vapors

are vented to the roof.

Del Monte admits it has no operating per-

mit for this portion of its process.

The sheets are then cut and

formed into

a cylinder.

They are sent to one of seven seaming

lines.

The lines are also vented to the roof but Del Monte has

an operating permit for these sources.

Del Monte was warned several times of the violations herein.

In the process,

Del Monte applied for an operating permit.

However,

this permit was denied April

13,

1976, due to the possibility of

violation of Air Rule 102.

Del Monte also applied for a variance.

Del Monte admits the violations.

It stipulates that

it will

reapply for an operating permit by May

17,

1976,

and that it will

promptly supply the Agency with all properly requested additional

information it may have

in its possession.

As

to any relevant in-

formation in the possession of third parties which may be requested,

Del Monte

will exercise reasonable diligence to obtain it

within

120

days of the request.

Respondent stipulates that it will obtain the

operating permits within 120 days of the Board Order herein,

except

that in the event information is requested which is in the hands of

a third party,

Respondent

shall be allowed no more than 30 addi-

tional days in which to obtain the permits.

Del Monte employs 1,600 persons

in Rochelle with a payroll of

$8,000,000.00 per year.

The subject facility employs 300 persons

with an annual payroll of $2,500,000.00

(R.20).

One resident of Rochelle and neighbor of the plant appeared to

object to the settlement due to the lack of a cease and desist order.

However,

the bulk of his testimony does not relate to the instant

Complaint

(R.24-45).

The Parties stipulate to a penalty of $5,000.00 for the vio-

lations admitted.

The Board finds the Settlement as proposed to be

adequate and will accept its terms and assess the stipulated penalty.

This Opinion constitutes the Board’s findings

of fact and

conclusions of law in this matter.

22—138

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—3—

ORDER

It

is the Order of the Board that

1)

Del Monte Corporation’s Plant #115 is

found to have

violated Rule 103(b) (2)

and Section 9(b)

of the Act from

June

1,

1973 to October 31,

1975.

2)

For the aforementioned violation the stipulated penalty

of $5,000.00

is assessed.

Del Monte shall pay said penalty

by certified check or money order within 35 days of this

Order to:

Control Program Coordinator

Division of Air Pollution Control

Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois

62706

3)

Del Monte shall pursue the stipulated compliance plan

which is hereby incorporated by reference as

though fully

setforth herein.

I, Christan L.

Moffett, Clerk of the Illinois Pollution

Control

Board,~herebycertify the above Opinion and Order were ad

ted on the

J~7~

day of

,

1976 by a vote of

.-~

Christan L.

Moffett,

Illinois Pollution Co

1 Board