ILLINOIS POLLUTION CONTROL BOARD
September 18, 1975
ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
vs.
)
PCB 72—315
)
FREEMAN
COAL MINING COMPANY,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by Mr.
Henss):
On September
6,
1973 the Pollution Control Board found
that Freeman Coal Mining Company had emitted smoke from its
coal fired boilers which appeared to have been No.
2 or darker
on the Ringelmann chart in violation of Rule 3—3.122, Rules and
Regulations Governing the Control of Air Pollution; had failed
to abide by the time conditions of its Air Contaminant Emission
Reduction Program in violation of Rule 2-2.41; and had installed
air pollution control equipment without a permit in violation of
Rule 3-2.110.
A $1,500 penalty was imposed for these three
violations.
Upon review,
the Appellate Court for the Fifth District of
Illinois affirmed the Board’s ruling with respect to the
Ringelmann violations and the violation of Rule 3-2.110 of the
Air Rules.
However, the Appellate Court reversed the Board
finding that Freeman Coal had violated Rule 2-2.41 in failing
to abide by the time limitations
of the ACERP.
The Court said
that since the Pollution Control Board “assessed a penalty of
$1500 for all three violations, only two of which are sustained,
we must remand this cause to the Board with directions that it
determine the p~naltyto be assessed for the Ringelmann violations
and the violation of Rule 3~2.110~t.
The elements of the violations have already been established
in the written Opinions previously issued by the Board and by the
Appellate Court.
We will not repeat the evidence at length.
We find from our consideration of the case that a monetary
penalty of $750 should be imposed for the Ringelmann violation.
The dense smoke emitted from the Freeman facility is indicative
of air pollution which would affect the residents of that community,
but there
is not a lot of evidence regarding the character and
18
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498
—2—
degree of the injury to or interference with the health, welfare
and physical property of the people.
The facility did have a
~~cial and economic value as
a producing company, but the
evidence indicates that the facility was old and “marginal”.
The facility is suitable to the area in which it is located.
It is technically practicable to reduce particulate emissions
and to bring smoke density within No.
2 Ringelmann.
For most
companies it is also economically reasonable to do so,
and we
believe that,
in spite of the age and the marginal status of
Respondent’s facility,
it was economically reasonable to do so
in this case.
The record shows that pollution control equipment
was actually installed but it should have been installed at an
earlier date.
Freeman Coal failed to secure the required permits for over
one year after the pollution control equipment was already
installed.
There was no explanation given for this delay but it
appears the permits were actually acquired prior to the time the
Complaint was filed by the Environmental Protection Agency.
We
conclude that the permit violation was not flagrant and was in
fact cured before this matter was presented to us for ruling so
that only a nominal penalty in the amount of $100 is justified.
This Opinion constitutes the findings of fact and conclusions
of law of the Illinois Pollution Control Board.
ORDER
It is the Order of the Pollution Control Board that:
Freeman Coal Mining Company shall pay to the State of
Illinois by November 1, 1975 the sum of $850 as
a penalty
for the violations
found in this proceeding.
Penalty
payment by certified check or money order payable to the
State of Illinois
shall be made to:
Fiscal Services
Division, Illinois EPA,
2200 Churchill Road, Springfield,
Illinois 62706.
I, Christan
L. Moffett, Clerk of the Illinois Pollution Control
Board, ~ereby
certify
he
bove Opinion and Order w
s adopted
the
18~’~
day of
__________
1975 by
a vote of
-~
Christan L. Moffett,f~~rk
Illinois Pollution
Cc~i~rol
Board
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499