ILLINOIS POLLUTION CONTROL BOARD
    September 19,1974
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    )
    vs.
    )
    PCB 74-36 through 74-44
    CHICAGO HOUSING AUTHORITY,
    inclusive
    a Municipal Corporation,
    Respondent.
    )
    CHICAGO HOUSING AUTHORITY,
    a Municipal Corporation,
    )
    Petitioner,
    )
    PCB 74-152 through 74-160
    vs.
    )
    inclusive
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    )
    OPINION
    AND
    ORDER OF
    THE
    BOARD (by
    Mr. Seaman):
    On January 25,
    1974,
    the Illinois Environmental Protection Agency
    filed Complaint against the Chicago Housing Authority (CHA),
    alleging
    therein multiple and continuous violations
    of Rule 103(b)(2) of Chapter
    2, Part
    I
    of the Air Pollution Regulations
    and Section 9(b)
    of the
    Environmental
    Protection Act.
    In
    a second count, Complainant alleges
    multiple and continuous
    violations of Rule 3-3.232(b)
    of the Rules and
    Regulations
    Governing the Control
    of Air Pollution (hereinafter “Old
    Air Rules”).
    The CHA is
    a municipal corporation,
    created pursuant to the Housing
    Authorities Act,
    Ill.
    Rev. Stat.,
    Chap.
    67
    1/2, ~ 1—27.
    The CHA has
    the responsibility of operating low income family and elderly housing
    within
    the City of Chicago.
    Among other properties,
    the CHA owns and
    operates
    141 apartment houses of various sizes located
    in various areas
    of the City of Chicago.
    Each of these
    141 apartment houses contains
    a
    refuse incinerator for disposal
    of Type
    II Apartment House Refuse
    generated by the tenants of the buildings.
    13—627
    -2-
    The
    141
    apartment
    houses,
    and
    the
    attendant
    incinerators, are
    the
    subjects of
    nine
    Agency enforcement
    actions
    (PCB
    14—36
    through
    74-44,
    inclusive) against multiple-building public housing
    complexes.
    The
    allegations against each complex
    are
    identical:
    (1) failure to
    obtain operating
    permits
    for the incinerators in violation of Rule
    103(b)(2) of the Air Pollution Regulations and Section 9(b) of the
    Act;
    and (2) violation of the emission standard contained in Rule 3-3.232
    (b) of the Old Air Rules.
    On April 24, 1974, the alA
    filed
    nine Petitions For Variance
    (P~74-152 through
    74-160,
    inclusive) the subjects of which correspond
    to the nine
    Agency
    enforcement actions.
    On May 2, 1974, the Board
    ordered
    the nine enforcement actions and the nine Petitions For Variance
    consolidated for hearing.
    Public hearings were held
    in the matter on
    July 10, 1974 and August 21,
    1974.
    At those hearings, the parties submitted a Stipulation of Facts
    for
    Board
    consideration.
    By
    that
    Stipulation the
    lilA admits
    that
    it
    has
    caused
    the subject incinerators to operate without having
    first
    obtained a permit
    from
    the Agency in violation of Rule 103(b)(2) of
    the Air Pollution Regulations and Section 9(b) of the Act (Stip. para-
    graph 8);
    and
    that it has, since July 1,
    1970, operated its incinerators
    so as to
    cause
    emissions of particulate matter
    ln
    amounts in excess of and
    in violation of that which is allowed by Rule 3-3.232(b) of the Old Air
    Rules (Stip.
    paragraph 11).
    Petitioner plans to achieve compliance by replacing all
    141 in-
    cInerators with compactors.
    Attached to the Stipulation is a compliance
    timetable which indicates the dates on which the compactors will become
    operational at the various housing complexes.
    These completion dates
    vary between
    October
    15, 1974 and October 1, 1975.
    Agency surveillance personnel have interviewed residents of the
    buildings in question.
    None has voiced any objection to
    the
    granting of a
    variance.
    The Agency believes that the proposed compliance plan will
    definitely bring the buildings into compliance with all applicable
    regulations.
    The Agency is also of the opinion that the timetable for
    completion of the
    new
    compactors
    is reasonable.
    Emissions
    from
    the incinerators consist
    of particulates,
    carbon
    monoxide, hydrocarbons, sulfur oxides, and nitrogen oxides.
    The
    Agency has determined that the ambient concentrations are below toxic
    levels.
    The
    alA contends that denial of the variance would cause severe
    hardship in that incineration is currently the only means it
    has
    to
    dispose of refuse.
    Petitioner alleges that since 1969, it
    has
    been
    studying
    various
    means
    of control
    1 i ng
    the
    emissions,
    but
    that
    it has
    been
    hampered
    by difficulties
    in
    obtaining
    funding.
    13—OS
    In existence is
    a ~Consolidated
    Cooperation Agreement between the
    City of Chicago
    and the Chicago Housing Authority in which the City
    agrees
    to remove garbage from various properties of the Chicago
    Housing Authority.
    Nevertheless, none of the properties which are
    a subject of t~iisaction would qualify for such garbage removal
    at
    no cost to the Chicago Housing Authority.
    To reqUire the Chicago
    Housing Authority to remove raw garbage is
    a much more expensive
    undertaking
    than installing compactors
    and removing the compacted
    garbage.
    According to the Stipulation (paragraph
    29)
    the removal
    of refuse
    from the CHA~shigh rise structures would be absolutely impossible
    without the use of the existing incinerators,
    and discontinuance of the
    use of these incinerators would require that the structures
    be abandoned
    as housing fa~ilities, The consequent loss to
    the inhabitants, the
    City of Chicago and the State of Illinois in that regard would be
    immeasureable.
    We are disposed to grant
    a variance to allow continued
    operation of the subject incinerators until September
    19,
    1975.
    In
    taking this
    action, we are not unmindful of a possible problem to the
    CHA posed by the limitations
    of the Clean Air Act (42 U.S.C.
    i857
    et, seq.)
    and by four cases entitled ~
    E2A~478 F2d 875 (1st
    Cir,
    1973); 483
    F2.d 690 (8th Cir.
    1973); 489 F2d
    390 (5th
    Cir.
    1974);
    6 ERC l475 (2nd Cir.
    1974)
    if the CHA operates its
    incinerators for periods beyond May 30,
    1975.
    A performance bond will
    be required to insure that the changeover
    to compactors will
    proceed according to the compliance timetable
    contained
    in Exhibit A of the Stipulation of Facts.
    However,
    concerning
    the 18 incinerators located in
    the Ogden Courts, William Green Homes,
    Grace Abbott Homes and Loomis
    Courts complexes,
    a performance bond will
    not be ordered since the fate of these buildings
    is unclear due to
    problems in obtaining federal
    funding.
    A definite completion date
    cannot be established for the eight buildings comprising the William
    Green
    Homes,
    although
    federal
    funding has been obtained, due to delays
    in
    the construction of
    a much needed security system,
    The CHA in
    its Answer has admittted the truth of each and every
    allegation of the nine Complaints filed
    by the Agency.
    However, we
    are not disposed
    to assess
    a penalty in the instant cause because it
    appears that the CHA has exercised diligence and good faith in
    its
    efforts
    to obtain the federal
    funding ($8,323,100.00)
    necessary to
    install
    compactors and thereby achieve compliance.
    Furthermore, any
    penalty would have
    a detrimental
    impact upon services to CHA tenants.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board.
    IT
    IS THEORDER of the Pollution Control
    Board that the Chicago
    Housing Authority be granted
    a variance to allow operation of the
    141
    incinerators (discussed herein and described in Exhibit A of the
    Stipulation of Facts)
    according to the following schedule:
    -4—
    COMPLEX
    VARIANCE TERMINATES
    Rockwell Gardens
    08/05/75
    Ogden Courts
    09/19/75
    Henry Homer Homes
    09/19/75
    Homer Hones Extension
    09/19/75
    Dearborn
    Homes
    08/15/75
    Kenmore
    Apartments
    10/15/74
    Robert
    Taylor
    Homes
    10/26/74
    Stateway Gardens
    06/15/75
    Frances Cabrini
    06/05/75
    William Green Homes
    09/19/75
    Harold L.
    Ickes
    06/05/75
    Grace Abbott Homes
    09/19/75
    Brooks Extension
    09/19/75
    Loomis
    Courts
    09/19/75
    and subject to the following conditions:
    a.
    Commencing 30 days from the date of this Order, and
    quarterly thereafter, CHA shall submit reports to the Agency de-
    tailing all
    progress made toward compliance.
    Said reports shall
    be sent
    to:
    Environmental
    Protection Agency
    Division of Air Pollution Control
    Control Program Coordinator
    2200 Churchill
    Road
    Springfield, Illinois
    62706
    b.
    With the exception of the 18 incinerators of the Ogden
    Courts,
    Abbott Homes, Green Homes and Loomis Homes complexes, the CHA shall,
    within 35 days of the date of this Order, post a performance bond in
    a form satisfactory to the Agency
    in the amount of $100,000.00
    to
    guarantee installation of compactors
    in accordance with the timetable
    contained in Exhibit A of the Stipulation of Facts.
    I, Christan
    L.
    Moffett,
    Clerk of the Illinois Pollution
    Control
    Board,
    c~rtifythat
    the
    above
    Opinion
    and
    Order
    was
    adopted
    on
    this
    /‘?
    “
    day
    ~
    ,
    1974
    by
    a
    vote
    of
    Q~4~2~
    13—630

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