ILLINOIS POLLUTION CONTROL BOARD
    May 29, 1974
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    vs.
    )
    PCB 71—300
    GEORGE F. HOFFNAN AND SONS,
    INC.,
    Respondent.
    OPINION AND ORDER OF THE BOARD ON REMAND (by Mr. Henss):
    On December 12, 1972 this Board found Respondent George
    E. Hoffman and Sons,
    Inc. guilty of the installation and
    operation of mobile asphalt plants and a Washer—Tubulaire
    scrubber
    without
    permit in Fulton and Peoria Counties. We
    also found that Respondent since July 1, 1970 had operated
    the mobile asphalt plants in violation of the process weight
    limitations of Rule 3-3.111 of the Rules and Regulations
    Governing the Control of Air Pollution. The Board held,
    however, that there was no proof that Respondent had caused
    air pollution under Section 9(a) of the Environmental Protection
    Act.
    The Company was ordered to cease and desist the operation
    of its mobile asphalt plants unless permits for such operations
    were first obtained from the Environmental Protection Agency.
    Penalty in the amount of $4,000 was assessed for the three
    permit violations and for causing particulate emissions in
    violation of the process weight limitations of Rule 3—3.111.
    The Appellate Court of Illinois, 3rd District, sustained
    this Board’s finding that the Company had failed to secure
    proper permits but vacated the finding that George E. Hoffman
    and Sons, Inc. had violated Rule 3-3.111. Since the monetary
    penalty was assessed at least in part on our determination
    that the Company was in violation of the process weight limi-
    tation, the assessment of monetary penalty was also vacated.
    The Appellate Court remanded the cause for further consideration
    and determination of an appr’priate penalty on the three permit
    violations.
    12—413
    —2—
    It was not disputed that Respondent had installed its
    mobile asphalt plant at Little America, Fulton County an~
    at Princeville in Peoria County without permit as required
    by Section 9(b) of the Act. Nor was there any doubt that
    the scrubber was installed without permit in violation of
    Section 9(b) of the Act and Rule 3—2.110 of the Rules.
    Although Respondent admitted these violations it attempted
    to
    mitigate penalty
    by
    showing
    that
    it did not realize permit
    was required and that
    it
    took immediate steps to obtain permits
    when
    it
    learned of the permit requirement. The record does
    show that the Company went through a flurry of activity in
    permit and variance proceedings after it had been advised of
    its transgression.
    At this point we seem to have rather ordinary permit
    violations without aggravating circumstances. The asphalt
    processing was conducted in a remote rural area; there were
    no citizen complaints; there was no finding of air pollution;
    and upon remand there is not even a process weight violation.
    We have often stated that enforcement of the permit pro-
    visions of the Statute and Regulations is essential to the
    environmental control system in Illinois, it is rare indeed
    when a permit violation does not call for at least some monetary
    penalty. In this case we find that a monetary penalty in the
    amount of $1,000 is appropriate~
    This Opinion constitutes the findings of fact and conclusions
    of law of the Illinois Pollution Cont.rol Board.
    ORDER
    it is ordered that Respondent George E~ Hoffman and Sons,
    Inc. shall pay to the State of Illinois by July 1, 1974 the
    sum of $1,000 as a penalty for the violations of Section 9(b)
    of the Environmental Protection Act and Rule 3—2.110 of the
    Rules and Regulations Governing the Control of Air Pollution.
    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, The $1,000 payment shall be in lieu of the
    monetary penalty previously assessed on December 12, l972~
    That part of the Board Order of December 12, 1972 requiring
    Respondent to cease and desist the operation of its mobile
    asphalt plant and equipment until such time as permits for the
    operation are obtained from the EPA shall remain in full force
    and effect,
    —3—
    I, Christan L. Moffett, Clerk of the
    Illinois Pollution Control
    Board, hereby certify
    the above Opinion and Order of the Board
    was adopted this ~
    ~
    day of
    IY~
    ,
    1974 by a vote of
    ~ to 0
    ~/ ~4i~at
    12 —415

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