ILLINOIS POLLUTION CONTROL BOARD
July 25, 1974
ENVIRONMENTAL PROTECTION
AGENCY,
Complainant,
V.
)
PCB 73~345
CHRYSLER CORPORATION, a Michigan )
Corporation,
Respondent.
Mr. James K. Jenks, Jr., attorney for Complainant.
Mr.
Elmer C. Rudy, attorney for Respondent.
OPINION AND ORDER OF THE BOARD (by Dr. Odell)
A C~p1aint was filed with the Illinois Pollution .Control
Board (Board) against the Chrysler Corporation on Augmbt .16,
1973. The Environmental Protection Agency (EPA) filed an
Amended Complaint on February 20, 1974. Respondent owns and
operates an automotive assembly plant located at Chrysler Drive,
Belvidere, Boone County, Illinois.
Equipment at the facility
includes four boilers, a solder grinditi~operation,:and..:p•aint
priming booths, The EPA alleged in its Amended Complaint that
Respondent:
1, Violated Section 9(a) of the Environmental Protection
Act (Act) from July 1, 1.970, through February 20, 1974, by emitting
smoke, odors, hydrocarbons, and particulate ~màtter~i~to the
atmosphere from plant processes.
2. Violated Rule 3-3.112 of the Rules and Regulations
governing the Control of Air Pollution (Air Regulations) from
July 1, 1970, through February. 20, 1974, by emitting excessive
amounts of particulates into the atmosphere,
3. Violated Rule 3-3.122 of the Air Regulations on
December 6, 1972, from plant emissions exceeding No. 2 on the
Ringlemann Chart,
4, V.iolated Rule 103(b) (2) of the Air Pollution Control
Regulations (Chapter Two) from June 1, 1973, to February 20,
1974, by operati±igits emission sources and existing air pollution
control equipment without an operating permit from the EPA.
A hearing took place on March 13, 1974, in which a Stipulation
andY Proposal For Settlement was entered into ~the record, Failure
by the parties to sign the Stipu1ation~delayeduntil July 8, 1974,
its receipt by the Board, For the purposes of settlement,
Respondent admitted a violation of Rule 103(b) (2) of Chapter Two
and agreed to pay a penalty of $500.00. The parties also stipulated
that no facts exist to support any other allegations in the Amended
Complaint, The proposed Settlement was expressly conditional upon
approval in all respects by the Board. Finally, Chrysler agreed
—2—
to modify some of its plant operations, as listed in items “a”
through “e”, below.. The stipulated Terms of Settlement are:
“a. Chrysler Corporation agrees to convert one of its
existing coal fired boilers to a combination gas and coal fired
boiler by March 1, 1975. The gas to be so utilized is presently
available and in use elsewhere at the plant and will be diverted
for use with the converted boiler. The purpose of the conversion
is
to increase the combustion in the boiler during periods of re-
duced heating and operating demand (summers and weekends). Gas
will be used exclusively to fire the converted boiler when boiler
demand is 10,000 lbs. steam per hour or less, and a combination of
gas and coal will be used when demand is in the range 10,000 lbs.
steam per hour to 100,000 lbs. steam per hour.
“b. Respondent, Chrysler Corporation agrees to eliminate
fly ash reinjection from the economizers on all boilers.
“c. Respondent, Chrysler Corporation agrees to fabricate and
install an adjustable louvered control to maintain the volume of
air flow through the precipitator at an efficient level at varying
loads,
“d. Respondent, Chrysler Corporation agrees to increase
the
velocity of gas going through the precipitator to increase its
efficiency, particularly in the removal of larger particles.
“e. Respondent, Chrysler Corporation agrees to discontinue
keeping a boiler on standby thereby reducing the chance of smoke
from the standby unit.
“f.
Respondent, Chrysler Corporation agrees to a penalty
of $500.00 for the aforesaid violaiion admitted to and found to
have occurred.
~g. This settlement
in
no way provides or exempts Chrysler
Corporation from any other obligations it may incur under the
laws
of
Illinois and specifically any future violations of the
Environmental Protection Act.”
We accept the Stipulation and Proposal ~or Settlement
entered into between the parties. The fact that Respondent’s only
violation is lack of permits makes the penalty a reasonable one.
We conclude from paragraph “g” of the proposal
.
(quoted above) that
Respondent intends to immediately apply for and obtain its operating
permits under Rule 103(b). (2) meeting the standards of Rule 203(b) of
Chapter Two. Also, we understand that items
Th”
through “e” w~1 be
undertaken within 35 days and completed promptly.
This constitutes the findings of fact and conclusions of law
of the Board.
13— 174
—3—
ORDER
IT IS THE ORDER of the Illinois Pollution Control Board
that:
1. Respondent pay a penalty of $500.00 for the violation
of Rule 103(b) (2) of Chapter Two established in this Opinion.
Payment shall be by certified check or money order made payable
to the State of Illinois, Fiscal Services Division, Environmental
Protection Agency, 2200 Churchill Road, Springfield, Illinois 62706.
Payment should be made within 35 days of the adoption of this Order.
2. Respondent shall apply for necessary permits under Rule
l03(b)(2) within 35 days of the adoption of this Order.
3. Respondent shall begin implementation of its program set
out in the Terms of Settlement in the Stipulation filed with the
i?~oardon ~3uly8,
1914,
arid
as reproduced above in
the
Opinion.
This program shall be undertaken within 35 days of the adoption of
this Order and be completed by March 1, 1975.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify t t the above Opinion and Or~erwas
adopted on the
~
day of
_______,
1974, by a vote of ~ to
o.
~stanL.ett
13
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175