ILLINOIS

POLLUTION

CONTROL

BOARD

January

8,

1976

Pl:oPl

OF

TilE

STATE

01’

ILl

T NO IS

•

CompIain~rint,

v.

)

PCB 75—94

ALLIED METAL COMPANY,

an

)

Illinois corporation,

Respondent.

Ms. Dorothy

J.

Howell, Assistant Attorney General, appeared

on behalf of the Complainant;

Mr.

Louis M.

Shapera, CQhen

& S~apera, appeared on behalf of

the Respondent.

OPINION AND ORDER OF TIlE BOARD

(by Mr. Young):

rililis

case involves

a Complaint,

filed by the People of

the State of

Illinois

(Peopl~) on February

25, 1975 alleging

LhatL

RespondenL,

Allied Metal Company,

an Illinois corporation

(Allied)

,

operated

a

facility located at 2059 South Canal

Street, Chicaqo; CookCb~unty,TUinoi~in

a manner which caused

or allowed the emission of particulate matter into the atmos-

phere in excess of the allowable emission rates from on or

about April 20,

1972 until December

31,

1973

in violation of

Rule 3-3.111 of the Rules and Regulations Governing the Control

of Air Pollution

(Air Rules)

and in violation of Section

9(a)

of the Environmental Protection Act

(Act)

and from on or about

January

1,

1974 until February

25, 1975

in violation of Rule

203 of the Au

Pollution Regulations

(Chapter

2)

and

in violation

of Section

9(a)

of the Act.

hearing was held on September

16, 1975 at which time a Stipu—

lation and Proposal

for Settlement (Stipulation),

executed by

counsel

for both parties, was entered into the record.

No addi-

tional evidence was adduced at the hearing; no members of the

public were in attendance.

The facilities operated by Allied for the recycle of aluminum

and zinc include two reverberatory aluminum furnaces and one sweat

furnace; two zinc pots,

a lead pot,

a boring drier and an incinera-

tor which is

inoperative.

Employment

in the plant at the time of

the hearing was

38; the plant was operating

5 days

-

48 weeks per

year.

Normal operations are 24 hours,

7 days,

48 weeks per year

with

56 employees.

19—569

---

—2—

The parties stipulate

(Stip.

p.

3)

to the results of certain

stack tests performed by the City of Chicago which results indi-

cate violations of allowable particulate emissions of Rule 203(b)

of Chapter

2 in each of three tests.

Allied further admits

to

the violation of the regulation for the period alleged in the

Complaint

(Stip.

p.

4)

and we so find.

Allied entered into

a contract on July

17,

1974,

for the

installation of a chromotographic bag house system designed by

Teller Environmental Systems,

Inc. which the designer has

guaranteed will reduce emissions

from the reverberatory and sweat

furnaces by 99.5

(Stip.

p.

3).

The engineering design and con-

struction of the system will cost $400,000.00

(Stip.

p.

4)

The parties further stipulate

to oaymemt to the State of

Illinois of $1500.00 by Allied and to completion of the baghouse

on or before June

1,

1976,

including fabrication,

installation,

testing and debugging.

Allied further agreed to submission

of

certain reports and notice and

to obtain all necessary permits

for installation and construction of the baghouse

(Stip.

p.

5).

In this case the violations are admitted and the Stipulation

and Proposal for Settlement filed complies with the requirements

of our Procedural Rule 333 for settlement

(EPA v. City

of Marion,

1

PCI3

591).

On the basis of

the foregoing and the Stipulation and Pro-

posal for Settlement, which constitutes the entire record in this

matter,

we find that Allied did violate

the Act and Regulations

as charged

in

the Complaint by causing or allowing the emission

of particulate matter into the atmosphere in excess of the allowable

emission rates for the periods alleged in violation of Rule 3-3.111

of the Air Rules and Rule 203(b)

of Chapter

2 and

in violation of

Section 9(a) of the Environmental Protection Act.

A penalty of

$1500.00 is assessed for these violations.

This Opinion constitutes the Board’s findings of fact and

conclusions of law in this matter.

ORDER

1.

Respondent, Allied Metal Company,

is

found

to have operated

its facilities

in violation of Section

9(a) of the Environmental

Protection Act,

Rule 3-3.111 of the Rules and Regulations Governing

the Control

of Air Pollution,

and Rule 203(b)

of the Air Pollution

Regulations and shall pay a penalty of $1500.00 for such violations.

Penalty oayment by certified check or money order payable

to the

State of Illinois shall

he ma~dewithin 14 days of the date of this

Order to:

Control Program Coordinator,

Division of Air Pollution

19—570

---

—3—

Control,

Illinois Environmental Protection Agency,

2200 Churchill

Road,

Springfield,

Illinois,

62706.

2.

Respondent, Allied Metal Company, shall comply with and

do all

things as agreed in the Stipulation and Proposal for

Settlement by and between Respondent Allied Metal Company and

the Complainant People of the State of Illinois which is hereby

incorporated into this Order and made

a part hereof.

IT

IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the ab ye Opinion and Order

were adopted o~the

~

day of

~

1976

Christan L. Moffet

,

rk

Illinois Pollution

rol Board