ILLINOIS POLLUTION CONTROL BOARD
    January 24,
    1974
    Mrs.
    Maurice McClure and
    Mrs. Joseph
    A.
    Ringbauer,
    )
    PCB 73—357
    PCB 73—358
    Complainants,
    vs.
    Foremost Liquors,
    Respondent.
    OPINION AND ORDER OF
    THE
    BOARD
    (by Mr. Seaman)
    This
    is
    a formal complaint brought by citizens pursuant
    to Section
    31 of the Environmental Protection Act.
    The
    Respondent is charged with Title V
    -
    Land Pollution and
    Refuse Disposal, Section
    20 of the Environmental Protection
    Act and also Title
    II Section
    8
    -
    Air Pollution.
    The Respondent, the Foremost Liquors,
    is located in
    the County of Cook, Oak Lawn,
    Illinois.
    After the formal
    complaints were filed on August 22, 1973 by Mrs. Joseph A.
    Ringhauer and Mrs. Maurice McClure, both of Oak Lawn,
    the
    Board ordered that
    a hearing be held.
    The hearing was held
    on October
    8,
    1973.
    The Complainants testified that the
    Respondent had burned in his incinerator several times
    a
    week, causing smoke in the area which at times was very black
    and heavy.
    Seven citizen witnesses testified to the violations.
    The Complainants introduced eight Exhibits; Exhibit A,
    indicating numerous dates when the incinerator was emitting
    smoke; Exhibit
    B,
    indicating samples of the particulate matter
    discharged from the Respondent’s incinerator onto their
    property; Exhibit
    C,
    a letter from one of the Complainant’s
    doctors indicating the allergic condition of her daughter;
    Exhibit
    D,
    a letter from the Oak Lawn Fire Department to the
    Complainant indicating the Respondent had been notified of
    the prevailing condition;
    and Exhibit E,
    a letter from another
    citizen complaining of the smoke and fly ash and Exhibit
    F,
    more samples of the particulatedischarge by the Respondent’s
    incinerator and Exhibit G,
    a photograph
    of the Respondent’s
    incinerator showing
    a discharge of heavy black smoke and
    finally, Exhibit
    H,
    a photograph taken at a later date indicating
    a discharge of heavy smoke of Respondent’s incinerator.
    11—33
    —2—
    The ~espondent did not appear at the hearing,
    although he was personally notified by the hearing
    officer
    (p.23)
    The complaint of Mrs. Maurice McClure
    (PCB 73-358)
    however did not charge the Respondent with any violation
    since
    the sections alleged are only Preamble in nature
    and do not charge
    a violation,
    therefore, this complaint
    will be and is hereby dismissed.
    The complaint of Mrs. Joseph A. Ringbauer
    (PCB 73-357)
    does charge the Respondent with the “use of incinerator
    several times
    a week causing smoke in area, which is at
    times very black and heavy.”
    This
    is clearly a charge of
    the violation of Section
    9 (a).
    The evidence is
    clear that
    the Respondent
    is
    in violation of said section.
    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.
    Respondent shall cease and desist from using
    his incinerator in violation of the Environmental
    Protection Act.
    2.
    That the Respondent
    is guilty of
    a violation
    of Title II,
    Section 9(a)
    of the Environmental
    Protection Act and is penalized in the amount
    of
    $500.00.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, certify that the above Opinion and Order was
    adopted on this
    ~
    ~“
    day of
    ______________
    ,
    1974 by
    a vote of
    ~
    .
    rj
    /
    11
    —
    34

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