ILLINOIS POLLUTION CONTROL BOARD

May 9, 1974

ENVIRONMENTAL PROTECTION AGENCY, 

)

Complainant,

v.

)

PCB 73—326

DEXT COMPANY, a division of Scope 

)

Products, Inc., a California

corporation,

Respondent.

Mr. Fredric H. Entin, Assistant Attorney General appeared on

behalf of the Complainant

Mr. John D. Donlevy appeared on behalf of the Respondent

OPINION AND ORDER OF THE BOARD (by Mr. Henss)

The Environmental Protection Agency filed a Complaint against

Dext Company, a division of Scope Products, Inc., alleging that

the company had emitted contaminants to the atmosphere causing

odors and air pollution in violation of Section 9(a) Environmental

Protection Act. Respondent operates a plant in Chicago for the

processing of surplus food materials into a granular material

which is used as an ingredient in animal feed. The surplus food

material is collected from bakeries, cookie manufacturers, snack

food manufacturers and confectioneries and is then chopped,

dehydrated, screened and milled at the Dext plant. Respondent’s

process includes the use of a rotary dryer, a cyclone and an

aspirator. The air discharge is ten feet above the roof of the

plant arid thirty feet above street level. The odors which are

emitted are a “bakery-type odor”.

The parties conducted extensive discovery and a number of

discussions as to methods to reduce the occasional bakery-type

odor to acceptable levels. When the case was called for public

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hearing the parties submitted a Stipulation of Fact and

Proposed Settlement for our consideration. There was no

testimony from members of the public.

Dext admitted that on August 23, 1972 and October 12,

1972 it caused certain discharges into the atmosphere in the

plant vicinitywhich resulted in air pollution, causing a

bakery-type odor. The attorneys in submitting the settlement

proposal stated that Respondent’s first notice that neighbors

were complaining of this odor was when Dext was contacted by

the City of Chicago. It is claimed that Dext then moved

promptly to formulate a plan for controlling the odors.

The control program, initially at least, consists of a

forty foot extension of the exhaust stack so that the particles

causing the odor will he discharged to the air seventy feet

above ground level. This stack extension will be constructed

in such a manner as to allow for subsequent installation of an

after burner, caustic scrubber, carbon adsorption filter or other

suitable device in the event that such is necessary as an

additional method to abate odors. The decision as to install—

ation of additional control equipment will be made by the

parties following a reasonable operating period with the

extended stack. Dext agrees that all emissions from the

hammermill cyclone will be ducted to the extended stack and

further agrees to continue its housekeeping activities to

prevent a build up of organic materials on the rooftop and

loading areas of the plant. The stack extension is to be

completed within sixty days following our approval of the

settlement.

The control program is rather unique. In most cases the

mere installation of a raised stack would not constitute an

adequate control program. However the sparcity of “interference

with enjoyment of life” suggests that the Dext proposal is

adequate as a first attempt.

Dext also agrees to remit $2,000 to the State of Illinois

and agrees to execute a $4,000 bond guaranteeing installation

and connection of the extended stack.

We find that the settlement is fair and equitable, especially

since bakery-type odors are ordinarily not so objectionable. The

settlement is approved.

This opinion constitutes the findings of fact and conclusions

of law of the Board.

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ORDER

It is the Order of the Pollution Control Board that:

1. Respondent, Dext Company, a division of Scope Products

Inc. install within sixty days of this order a forty

foot exhaust extension stack on the air discharge

outlet of its cyclone particle collector.

2. a. Dext shall duct all emissions from the

hainmermill cyclone to the extended stack.

b. Dext shall continue its housekeeping

activities to prevent a build up of

organic materials on the rooftop and

loading areas of the plant.

c. Dext shall be allowed to escort EPA

surveillance personnel during plant

inspections and shall be provided advance

notice of such inspections.

d. Dext shall execute within thirty days of

this order a bond in the amount of $4,000,

such bond to be forfeited in the event

Respondent fails to install the forty foot

exhaust extension stack and fails to duct

all emissions from the cyclone to said stack

as specified in this order. The bond shall

be mailed to: Fiscal Services Division,

Illinois EPA, 2200 Churchill Drive,

Springfield, Illinois 62706.

e. Dext shall obtain all necessary State

permits for the construction of the extended

stack and for operations of the plant.

f. Dext’s time for performance of any term of

this settlement may be extended by the Board

for good cause shown upon application by Dext

after reasonable opportunity for the EPA to

respond to any such application.

2. Respondent, Dext Company, shall pay to the State of

Illinois by June 17, 1974 the sum of $2,000 as a

penalty for the violations found in this proceeding,

penalty payment by certified check or money order

payable to the State of Illinois shall be made to:

Fiscal Services Division, Illinois EPA, 2200 Churchill

Road, Springfield, Illinois 62706.

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

Control Board, hereby certify that the above Opinion and Order

was adopted this 

day of 

_________,

1974 by a vote of

______

to

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