ILLINOIS POLLUTION CONTROL BOARD
July 24, 1975
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
vs.
)
PCB 75—77
JOHN T. CARROLL, JR. d/b/a St.
FRANCIS PET CREMATORIUM and
)
CARROLL’S COCKER KENNELS,
Respondent.
JEFFREY HERDEN, Assistant Attorney General for Complainant
JAMES DOLAN, appeared for Respondent
OPINION AND ORDER OF THE BOARD (by Mr. Henss):
The Attorney General filed a Complaint, in the name of
The People of the State of Illinois, alleging that Respondent,
the operator of a pet crematorium in Wood Dale, DuPage County,
Illinois, emitted odors which caused air pollution in violation
of Section 9(a) of the Environmental Protection Act.
At the public hearing the parties submitted a Stipulation
and Proposed Settlement which the Board is asked to approve.
This Stipulatin shows that Carroll has operated a 150 lbs./hr.
incinerator since 1971 for the purpose of cremating dogs and
other small animals. This incinerator is operated on 2 to 5
days per week.
On several occasions the incinerator has emitted smoke and
odors which unreasonably interfered with the enjoyment of life
and property of residents in the area of the crematorium. The
emissions were not continuous and Carroll took corrective action
to halt the emissions as soon as he noticed them. A temperature
recording device has now been installed to insure that the proper
temperature is attained in the incinerator before incineration
commences.
If the Board approves the proposed settlement, Carroll
agrees to raise the stack height, allow only qualified operators
to use the incinerator and will control the hours, the load and
the temperature in use of the incinerator.
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In addition to the above items, Carroll agrees to apply
for and obtain an operating permit from the Environmental Pro-
tection Agency, such application to be made within 30 days
of the date of the Stipulation and Proposed Settlement (June 5,
1975). Carroll agrees to post a $3,000 performance bond to
assure compliance with the above conditions. The parties agree
that no monetary penalty should be imposed in settlement of
this matter.
The air pollution violations appear to have been sporadic.
None of the neighbors objected to the proposed settlement
conditions. The Settlement will require some expenditure of
funds and we see no need for the additional financial burden of
a monetary penalty. We note that there has been a substantial
delay in obtaining an operating permit. Further delay will not
be acceptable.
The Board has considered the Settlement in light of the
requirements of Section 33(c) of the Act and approves it.
This Opinion constitutes the findings of fact and conclusions
of law of the Pollution Control Board.
ORDER
It is the order of the Pollution Control Board that:
John T. Carroll, Jr. is found to have operated an
incinerator in Wood Dale, Illinois in such manner as to
cause air pollution in violation of Section 9(a) of the
Environmental Protection Act. Respondent shall comply
with the following requirements:
1. The incinerator stack shall be raised to a
height of 40’ above grade.
2. The incinerator shall be operated between 8:00
a.m. and 5:00 p.m. only, exclusive of preheating
and cooling periods. The incinerator shall
cperate a maximum of five days per week and shall
not operate on Sunday.
3. Loading to the incinerator shall be a maximum of
150 lbs./hr.
4. The incinerator shall be equipped with a smoke
opacity indication device with a warning system
which notifies the operator when opacity has
reached 30.
5. No plastic bags shall be incinerated at any time.
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6. Animals shall not be frozen when charged to the
incinerator.
7. No animals shall be charged into the incinerator
until the secondary chamber temperature has reached
a mi~ümumof 1400°F., and the temperature shall
not fall below that minimum throughout the incin-
erator operations.
8. The incinerator premises, recording tapes and
control devices shall be available for unannounced
inspection by representatives of the Attorney General
and the Illinois Environmental Protection Agency at
any reasonable time, when Mr. John T. Carroll
,
Jr.
is present.
9. The manufacturer’s operating instructions incor-
porated by reference in the Stipulation, shall be
followed. They shall be posted in a location near
the incinerator so that any operator may readily
see the instructions and follow them. A copy of
these additional operating instructions shall also
be posted.
10. Mr. John T. Carroll, Jr. shall be the sole operator
of the incinerator, except in emergencies when
another qualified operator may be used.
11. The facility shall be available for inspection upon
completion of the programs outlined above.
12. Respondent shall apply for and obtain an operating
permit from the Environmental Protection Agency of
the State of Illinois. The application for permit
shall be filed within 15 days of this Order.
13. Respondent shall, within 30 days after the date of
this Order, post a bond in the amount of $3,000 in
a form acceptable to the Environmental Control
Division of the Illinois Attorney General to assure
compliance with the above conditions. The bond
shall have a duration of one year and shall be
mailed to: Fiscal Services Division, IllinoIs EPA,
2200 Churchill Drive, Springfield, Illinois 62706.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certfy the above Opinion and Ord1er was adopted the
~4~’
day of
,
1975 by a vote of ~5-p
Christan L. Moffe/
,
erk
Illinois Pollution ntrol Board
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