ILLINOIS POLLUTION CONTROL BOARD
    May 23, 1974
    ENVIRONMENTAL PROTECTION AGENCY
    )
    COMPLAINANT
    )
    )
    )
    V.
    )
    PCB 74-74
    )
    VILLAGE OF SKOKIE, a municipal
    )
    Corporation,
    RESPONDENT
    )
    MR. R.W. COSBY, ATTORNEY, in behalf of the ENVIRONMENTAL PROTECTION
    AGENCY
    MR. H. SCHWARTZ, ATTORNEY, in behalf of the VILLAGE OF SKOKIE
    OPINION AND ORDER OF THE BOARD (by Mr. Marder)
    This action involves a complaint filed on February 25, 1974, by
    the Environmental Protection Agency against the Village of Skokie.
    An amended complaint was filed on April 9, 1974. The amended corn-
    ~laint was accepted with no objection from Respondent (R. 5). This
    ase thus centers around said amended complaint. The Environmental
    Protection Agency alleges that the Village of Skokie violated Rule
    3-3.232 of the Air Pollution Control Board from July 1, 1970, until
    December 31, 1973. The complaint also alleges violations of Rule
    203 (e) (2) of the Air Pollution Regulations of the Illinois Pollu-
    tion Control Board from ~3anuary
    1,
    1974. Both violations are in re-
    spect to the operation of an incinerator (particulates)
    owned by the
    Village of Skokie.
    The Village of Skokie is a municipal corporation, organized and
    existing under the laws of the State of Illinois, and is located in
    Cook County. Respondent owns and operates an incinerator located at
    8100 North Central Park Avenue. Said incinerator is used for the hand-
    ling of village trash. Approximately 33,000 tons of garbage a year
    are incinerated. The residue from this incinerator is then hauled to
    a local landfill for disposal. Under unique situations (when the in-
    cinerator is down for repair) the Village can haul raw garbage to the
    landfill on a day-to-day basis.
    Respondent has also been the subject of an enforcement action be-
    fore the U.S. Environmental Protection Agency. Said notice of viola-
    tion was followed up with a hearing (before the U.S. Environmental
    Protection Agency) on March 22, 1974. The transcript of this hearing
    was entered as Exhibit #16 (hereinafter USEPAR). As a result of said
    hearing the U.S. Environmental Protection Agency issued its order (Ex-
    ~-iibit#2) holding that Respondent~s plan for abatement was adequate.
    12—387

    —2—
    The Cook County Department of Environmental Control has also accepted
    the proposed plan
    (R.
    40). Said plan calls for the shutdown of Re~-
    spondent’s incinerator by August 1, 1974. The abovementioned plan was
    an outgrowth of the so-called Weg~anReport. This report
    was
    a study
    conducted by the villages of Skokie and Niles and the city of Evanstor
    to assess the options open for garbage handling (USEPAR 17). It con-
    tained a proposal that the Village would be better off to abandon its
    incinerator and go to a landfill operation. Representatives of the
    state and county, as well as the federal, environmental agencies were
    present at this hearing.
    The reason for the instant action is that the Illinois Environmen-
    tal Protection Agency did not feel that Respondentts shutdown plan
    was adequate. The Agency asks that an immediate shutdown order be
    issued by the Board.
    Hearing was held on April 16, 1974. Quite a bit of this hearing
    was a reiteration of the facts elicited at the U.S. Environmental Pro-
    tection Agency hearing.
    Mr. Manak (assistant director of public works, Village of Skokie)
    was the main witness. His testimony centered about the Vi1lage~sde-
    fense of the proposed compliance plan. Mr. Manak testified that the
    Village could shut down its incinerator immediately; however, to do
    so would put the Village at a potential disadvantage in its bidding
    process (R. 30-31). Mr. Manak contended that the Village feels that
    to immediately shut down would cause the three landfill operators in
    the area to raise their bids. This is based on the theory that if
    the landfill op~ratorsare aware that the Village is committed to a
    shutdown, they would realize that the options of the Village are lim-
    ited. Mr. Manak further testified that the Village would be seeking
    a long-term contract rather than a day—to-day rate. Mr. Manak further
    testified that the economics of direct handling vs. incineration are
    not great. The Village would expect an additional cost burden of
    about two dollars a ton or $66,000/yr. This would extrapolate out to
    about $6,000 extra costs if the incinerator were to shut down
    now.
    Mr. Cosby (attorney for the Environmental Protection Agency) in
    his opening remarks (R. 6) drew reference to Environmental Protection
    Agency vs. City of Evanston, PCB 72-286. This case was cited as a
    similar action, and it was stated that relief sought in that case
    should be similar to relief in this case.
    There is no dispute that violations have occurred. The Village
    admitted said violations (R. 9, 10). There were no citizen witnesses
    present, nor was there any testimony as to the severity of the viola-
    tion. The only evidence presented as to the extent of violation can
    be found in the appendix to Exhibit #1. This appendix, the statement
    of Mr. C. H. Porter, relates that a stack test run on March 2, 1970,
    had shown a grain loading of 0.287 grains/scf. This is opposed to a
    0.08 gr/scf regulatory limit (Rule 203 (e) (2)
    .
    It must be noted
    12—388

    —3—
    that Complainant did not at any time enter any evidence as to the sev-
    erity of the violation (e.g., interference with life in the community).
    This point is raised because the Board must take Section 33 (c) of the
    Environmental Protection Act into consideration when rendering a final
    decision.
    The Board takes note of Environmental Protection Agency vs. City of
    Evanston, PCB 72-286, in which testimony
    as to interference with liv-
    ing conditions
    was elicited. In PCB 72-286 a stipulation for
    settle-
    ment was presented. The Board’s Opinion in PCB 72—286
    states,
    “Testimony of individuals residing near the incinerator
    clearly shows that operation of the incinerator has un-
    reasonably interfered with the enjoyment of life and
    property for that period of time. Smoke, particulate
    matter and odors prevented nearby residents from using
    their yards, caused irritation of sinus, and caused
    headaches. Smoke ranged from light grey to dark grey
    or black. There was precipitation of a black tar-like
    residue and charred paper; strong acrid odor of burning
    garbage; soiling of automobiles and home interiors; and
    uncovered trucks dropped burned garbage material on the
    streets near the incinerator. Agency calculations reveal
    particulate emission of .945 grains per standard cubic
    foot, more than 4 times the allowable rate.”
    The instant action has no such showing. Also in Evanston the
    Board’s Order for shutdown conformed with the anticipated plans for
    such a shutdown. A comparison of compliance plans in the two instan
    ces sheds some light on this:
    Village of Skokie
    Village of Evanston
    Complaint filed
    Feb. 25, 1974
    July 7, 1972
    Shutdown plan pre- March 22,
    1974
    November 21, 1972
    sented
    Anticipated shut- August 1, 1974
    April 15, 1973
    down
    Thus in both cases the time from presentation of plan to actual
    shutdown is the same. Although the Village of Evanston has shut down
    one year before Skokie proposes to do so, there is nothing on the rec-
    ord to show that such delay was unwarranted. The Village of Skokie
    did indeed hire a consulting firm to attempt to explore its alterna-
    tives, and this plan results from this study.
    One further point was raised during the U.S. Environmental Protect-
    ion Agency conference, which is noteworthy. Respondent has nine em-
    ployees at its village incinerator (USEPAR 56). The additional time
    would allow the Village to attempt to reassign the employees to other
    locations.
    The Village of Skokie, then, proposes a relatively short compliance
    plan which the Board finds acceptable. Had this case been one of prov—
    12—389

    —4—
    en interference with the neighbors or gross violations, the very severe
    shutdown order would be used. In the instant case no such showing was
    made. The Board in so finding states that every effort should be made
    to speed up the
    Village’s bidding process. In the event that bidding
    can be concluded before August
    1st, the Village will be ordered to shut
    down at such an earlier time.
    Violations have indeed been stipulated. The only other question
    facing the Board is that of penalty. After taking into consideration
    all of the arguments of Sect. 33 (c) of the Environmental Protection
    Act, and consideration of the penalty imposed in PCB 72-286, which the
    Board finds similar,
    a penalty of $500 seems appropriate.
    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. The Village of Skokie shall cease operations of its inciner-
    ator located at 8100 N. Central Park Avenue by August i,
    1974, or on such sooner date that the Village of Skokie has
    reviewed bids for landfill operations. The Village of Skokie
    shall inform
    the Environmental Protection Agency, 2200 Church-
    ill
    Road, Springfield, Illinois 62706, of the following dates:
    A) Date of bids for landfill operators let.
    3) Date of bids received.
    C)
    Date of cessation
    of
    operations.
    2.
    Resoondent shall pay to the State of Illinois the sum of
    $500 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 to: Fiscal Services Division,
    Illinois Environmental Protection
    Agency, 2200 Churchill
    Road, Springfield, Illinois 62706,
    IT IS
    SO ORDERED.
    Mr. Dumeile
    dissents.
    I,
    Christan L. Moffett, Clerk
    of
    the Illinois Pollution Control
    Board,
    certify that the above Opinion and Order
    was adopted by the
    Board on the ~
    day of
    ~
    1974, by a vote
    of
    ~/
    to
    12
    390

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