ILLINOIS POLLUTION CONTROL BOARD
    January
    8
    ,
    1976
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    )
    v.
    )
    PCB 75-91
    )
    TAMMS INDUSTRIES COMPANY, an
    Illinois corporation,
    Respondent.
    Fredric J. Entin, Assistant Attorney General,
    Attorney for
    Complainant
    Neil J.
    Kuenn, Halfpenny, Hahn
    & Roche, Attorney for Respondent
    OPINION AND ORDER OF THE BOARD
    (by Mr. Young):
    This case arises
    out
    of a Complaint, filed by the People
    of the State of Illinois
    (People) on February
    24,
    1975.
    The
    Complaint alleges that Respondent,
    Taroms
    Industries Company,
    an Illinois corporation
    (Tatnms)
    owned and operated a pigment
    manufacturing and processing facility located at
    1 Centre Street,
    Maple Park,
    Kane County,
    Illinois which emitted malodorous fumes
    and particulates into the atmosphere from July
    1,
    1972 through
    February
    24,
    1975 in such a manner and in such quantity to cause
    a violation of Section 9(a) of the Environmental Protection Act
    (Act);
    Rule 203(b)
    of the Air Pollution Regulations
    (Chapter 2);
    and Rule 3-3.111 of the Rules and Regulations Governing the Con-
    trol of Air Pollution.
    A hearing was held on November 21,
    1975 at which time a
    Stipulation of Facts and Proposal for Settlement
    (Stipulation)
    was entered into the record,
    No additional evidence was adduced
    at the hearing.
    Respondent’s facility manufactures color pigments used in
    cement, mortar and industrial applications in a facility located
    in the Village of Maple Park,
    Illinois
    (1970 population 660) which
    is adjoined on three sides by single family dwellings with
    a grain
    and fertilizer storage facility on one side.
    The facility has been
    in the present location since 1940
    (Stip.
    p.
    1-2).
    19—565
    —2—
    Following filing of the Complaint, Respondent voluntarily
    engaged an indep.~ndentengineering firm at
    a cost of $6,700.00
    to conduct tests within the facility which identified the source
    of the odor problem as
    ~i
    low velocity gas stream from
    a chrome
    oxide furnace and recommended the installation of an induced draft
    fan to prevent a recurrence of violations due to odors.
    Particulate
    emissions have been reduced to non-objectionable levels,
    as verified
    by a testing series conducted on October
    1,
    2 and
    3,
    1975 following
    certain building and operational modifications within the facility
    which included building of totally enclosed loading, unloading and
    storage facilities at a cost of $20,800.00
    (Stip.
    p.
    3—4).
    The parties agree
    to payment of $1000.00 for the violation
    of Section 9(a)
    of
    the Act.
    Respondent further agrees
    to install
    an induced draft fan on its chrome oxide furnace, to conduct
    future operations consistent with those of October
    1,
    2 and
    3,
    1975,
    to apply for necessary construction and operating permits and
    to the furnishing of reports and notices to the Complainant
    (Stip.
    p.
    4—5).
    In this case the violation of Section 9(a)
    of the Act is
    admitted and the Stipulation of Facts and Proposal for Settlement
    complies with the requirements of our Procedural Rule
    333 for
    settlement
    (EPA v. City of Marion,
    1 PCB 591).
    On the basis of the foregoing and the Stipulation of Facts
    and Proposal for Settlement, which constitute the entire record
    in this case, we find that Tanims did violate the Act as charged
    in the Complaint by causing or allowing the emission of odor and
    particulates into the atmosphere during the period alleged in such
    a manner as
    to cause air pollution within the meaning of Section
    3(b) of the Act in violation of Section 9(a) of the Act.
    A penalty
    of $1000.00 is assessed for the violation.
    This Opinion constitutes
    the Board’s finding of fact and con-
    clusions of law in this matter.
    ORDER
    1.
    Respondent,
    Tarnms
    Industries Company,
    is found
    to have
    operated its facilities
    in violation of Section 9(a)
    of the Environ-
    mental Protection Act and shall pay
    a penalty of $1000.00 for such
    violation.
    Penalty payment by certified check or money order payable
    to the State of Illinois within 35 days of this Order to:
    Control
    Program Coordinator, Division of Air Pollution Control,
    Illinois
    Environmental Protection Agency,
    2200 Churchill Road,
    Springfield,
    Illinois,
    62706.
    2.
    Respondent,
    Tanvns Industries Company, shall install an
    induced draft fan as agreed by the parties and Respondent shall
    apply for,
    to the Illinois Environmental Protection Agency,
    the
    necessary construction and operating permits within 45 days of
    this Order.
    19—
    566
    —3--
    3.
    Respondent, Tamms Industries Company, shall comply with
    and do all things agreed in General Conditions VIII A through E
    of the Stipulation of Facts and Proposal for Settlement by and
    between Respondent,
    Tanims Industries Company, and Complainant,
    People of the State of Illinois, which is hereby incorporated
    into this Order by reference as
    if fully set forth herein.
    IT IS SO ORDERED.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opinion and Order
    were adopted on the
    ~‘~‘
    day of
    ____________________,
    1976
    by a vote of
    4-.~
    C~n~Mo~ett
    ~
    Illinois Pollution ~
    rol Board
    19— 567

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