ILLINOIS POLLUTION COI~ROI~~o~m

July 25, 1974

ENVIRONMENTAL PROTECT ION

AGENCY,

Complainant,

PCB

74~78

V. J, DOLAN AND

I

INC

an

Illinois

Corporation,

Respondent

Stephen Weiss, Assistant

Attorney

General

for the EPA

Moses Levitan, Attorney

for Respondent.

OPINION

AND

ORDER OF

TEE

BOAJ~D (by

Mr

hense)

The Environmental Protection

Agency filed a Complaint

alleging that Respondent

V. J. Dolan

and Company had operated

its paint manufacturing

plant

subsequent ub January 1, :L973

without operating permits required

by Section 9

(b)

of the

Environmental Protection

Act and Rule 103(b)

(2)

of the Air

Pollution Control Regulations

A

public hearing was held

on

April

19,

1974. No

members

of tne public attended

and no

testimony was taken~

The parties submitted a Stipulation

of

Facts and requested the

Board to determine whether a violation

has been

shown and to fashion an approoriato remedy for any

violations

The

Stipulation reveals that Dolan operates a manufacturing

facility, in

Chicago

for

the production of

nitrocellulose wood

finishing stains, lacquers,

and

synthetic

mei:al finishing hake

or air dry enamels

Equipment at the

plant includes hiqh~speed

disc~type dispersion tanks storage

tanks, sancim:Llis, mixers,

small kettles and

an

oil—type electrode

heat exchange system.

This

equipment

is capable of emitting

air contaminants to the

atmosphere and

is

an ~ernission

source” as

defined

by

Rule 101

of Chapter 2, Part 1 of the Air

Regulations.

Respondent is

classified

in the “chemical and allied products

industry~ and

therefore under the provisions of Rule 103(b) (2), was

required

to have operating permits for its equipment by

January

1, 1973.

---

Dolan

has

submitted 28 applications

for operating permits

and 24 have now been granted.

Respondent submitted only six of

the.permit applications in

time

to

have secured the permits by

the required date. The remaining 22 appliCations were not

submitted until January 1974, approximately one year after the

deadline for obtaining the permits. Four of the applications

were rejected in January 1974 and Respondent made arrangements

for resubmitting those applications in April.

On the basis of the stipulated facts the Board finds that

Respondent is guilty

of the charge that it

failed to secure

operating ~ermits by the established deadline. No facts are

shown in mitigation or in aggravat~ionof penalty other than the

filing dates of the applications for permit. We note that six

of the applications were filed in a timely manner and that all

applications were filed prior to the filing of the Complaint.

No violations of emission standards have been alleged and no

member of the public appeared to complain about Respondents

operation. We consider this to be that type of case in which a

monetary penalty of $500 should be assessed.

This Opinion constitutes the findings of fact and conclusions

of law of the Illinois Pollution Control Board.

ORDER

It is the Order of the Pollution Control Board that:

1. V.

J.

Dolan and Company, Inc. pay to the State of

Illinois by August 30, 1974 the sum of $500 as a

penalty for the violations found

in this proceeding.

Penalty payment by certifind. check or money order

payable to the State of Illinois shall he made to:

Fiscal Services

Division,

Illinois EPA, 2200 Churchill

Road, Springfield, Illinois 62706.

2.

With

regard to the four permit applications which

had not been granted at the time the Stipulation

was prepared, Respondent shall have until October 1,

to secure permits. If permits are not secured by

October 1 for the equipment involved in those

applications, Respondent shall

on

that date cease

and desist from operating said equipment without

permits.

I, Christan L. Moffett, Clerk

of the Illinois Pollution

Control

Board, hereby certify the

above Opinion

and

Order

was,~adopted

this ~~day

of

,

1974 by

a vote of

~Sto

o

13

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