ILLINOIS POLLUTION CONTROL BOARD

January

~,

1975

ENVIRONMENTAL PROTECTION AGENCY

PEOPLE OF THE STATE OF ILLINOIS

COMPLAINANTS

PCB 74—206

JEFFREY GALlON, INC.,

a

Delaware

)

Oo:cporatLon,

RESPONDENT

)

MR.

JEFFREY S. HERDEN, ASSISTANT ATTORNEY GENERAL, in behalf of

COMPLAINANTS

MR. THOMAS M, McMAHON OF SIDLEY & AUSTIN

in

behalf

of

RESPONDENT

OPINION AND ORDER OF THE BOARD

(by Mr~ Marder)

This action involves a Complaint filed by the People of

the State

of

Illinois on June 4, 1974, charging Jeffrey

Galion, Inc., with viol—

tion of

Rule

2—2.54

of the

—

Rules and Requlations

________________

Governinq

_________________

Air

Poll—

ion, and

Rule 203 (a) ct the

:~S

Pollution Regulations, in the op-

eration of its Whiting No~6 gray iron cupola, located at 4401 W.

Roosevelt Road, Chicago, Cook County, Illinois.

On June 19, 1974, Complainant filed an Amended Complaint, which

joined

the

Environmental Protection Agency as a party

complainant.

The matter was set for hearing,

and

hearing was held in Chicago,

Illinois, on October 17, 1974.

At the hearing the parties submitted a Stipulation of Facts as to

the Complaint.

No

agreement as

to an order or penalty was reached,

and this was left .open to the Board to set.

The cupola operated at Respondent~s Roosevelt Road facility was

used primarily in connection with a related gear manufacturing facil-

ity.

The Amended Complaint charged violation of particulate emission him-

itations from July 31, 1973, through an unstated date in 1974, There~

fore, both the Rules and Regulations Governing Air Pollution and the

Air Pollution Control Regulations are applicable.

It is stipulated

that the process weight

rate

for the cupola was

11~0Q0lbs/hr. It is further stipulated that for a

cupola of the

~1ze

In question,

the

ailawahie particulate emission is 20

lbs/hr.

Table 7~l0~1

La

AP-42~ Compilation of Air Pollutant

Emission Factors,

15—175

---

shows the uncontrolled emissions from a cupola such as the one in

question, would be 17 lbs. per ton charged. Respondent admits that

even with

pollution control equipment, an after burner

that reduces

emissions 50, emissions were

47

lbs. per hour per day operated. This

is more than twice the allowable emissions.

On May 30, 1974, Dresser industries,

Inc., acquired

the

Gallon Co.

Dresser determined that the facility in question should be closed for

certain economic and business reasons enumerated in the Stipulation.

The plant was shut down permanently on August 31, 1974.

On the facts as stipulated, the Board finds that from July 1, 1973,

through December 31, 1973, Respondent violated Rule 2-2.54 of the

Rules and Regulations Governing Air Pollution, and from January 1,

1974, through

August

31, 1974, violated Rule 203 (a) of the Air_Poll-

ution Regulations.

Since the facility has been closed down permanently, no order need

issue on abatement of pollution. That has already been accomplished.

Therefore, the only question left relates to the imposition of a fine.

The record in this matter shows no intent to violate the regulations

by Respondent. In fact, Respondent had certain pollution control equip-

ment installed on the facility. The primary purpose of the Environmen-

tal Protection Act is to bring about clean air. Penalties are designed

to aid “the enforcement of the Act and punitive considerations are sec-

ondary” (City of Monmouth v. Environmental Protection Agency et al.,

57 Ill. 2d :482, 313 N.E. 2d, 161 19741).

The imposition of a fine in this matter will serve to aid in the

administration and enforcement of the Act, in showing that one cannot

pollute for two years at no cost. Therefore, a small penalty of $250

will be levied against Respondent.

This Opinion constitutes the findings of fact and conclusions of

law of the Board.

ORDER

IT IS THE ORDER of the Pollution Control Board that:

1. Respondent, Jeffrey Galion, Inc., and its successor in inter-

est, Dresser Industries, Inc., are found to have violated Rule

2-2.54 of the Rules and Regulations Governing the Control of Air

Pollution, and Rule 203 (a) of the Air Pollution Re~ulations

for the period of time stated

in the Amended Complaint.

2. Respondent, Jeffrey Gahion, Inc., and its successor in inter-

est, Dresser Industries, Inc. shall pay to the State of Illinois

the sum of $250 within 35 days from the date of this Order.

Penalty payment by certified check or money order payable to

the State of Illinois shall be made tom Fiscal Services Division,

Illinois Environmental Protection Agency, 2200 Churchill Road,

Springfield, Illinois, 62706.

15

—

1 7~

---

—~—

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

Board, certify

tjiat the above

Opinion and Order was adopted by t~e

Board on

the

~

day of

—‘

,

1975, by a vote of ~

to

~~___.