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