ILLINOIS POLLUTION CONTROL BOARD
    March 7,
    1974
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    vs.
    PCB 73—323
    LAFLIN SALVAGE CO., INC.,
    Respondent.
    Mr. Frederic
    j,
    m~tin,
    Assistant
    Attorney General, on
    behalf of complainant;
    Mr. John nickley, Jr., Attorney, on behalf of
    Respondent.
    oPTNIO~ AND ORDER
    OF
    THE BOARD (by Mr. Seaman):
    A
    Complaint was filed by the Environmental
    Protection
    Agency
    (hereinafter Agency) against the Laflin Salvage
    Cpam~~
    (hereinafter
    Respondent)
    on August
    6,
    1973. The
    Reepordent
    owns and operates a scrap
    metal
    salvage
    operation
    locctec? in
    the City of
    Chicago.
    CPa Complaint alleges:
    1. That
    from on or about
    August
    24,
    1971
    and con-
    tinuing every day
    of
    operation
    tb
    the filing of the Complaint
    herein, and
    particularly including, but
    not
    limited to on
    or about August 25, 1971 and December
    29,
    1971,
    Respondent
    has conducted
    said
    scrap metal salvage operation by open
    burning
    in
    violation of Section 9(c) of the Act, Chap.
    iiird/2,
    111,
    Rev. Stat.,
    §1009(c)
    (1971).
    2, That
    on September 21, 1972, Respondent conducted
    said scrap metal
    salvage operation in a manner that has
    caused,
    suffered
    and
    allowed the emission, into the open
    air,
    of smoke, the
    appearance, density
    or
    shade
    of
    which was
    No.
    2
    or
    darker
    of
    the Ringelmann Chart, in violation of Rule 3rd,122
    of
    the
    Rules and Regulations Governing the Control
    of
    Air
    Pollution,
    continued effective by Section 49(c) of the Act,
    (Chap,
    l1l~l/2, Ill, Rev. Stat.,
    §1049(c)
    (1971).
    3.
    That
    on
    April 19, 1973,
    and June
    18, 1973, Respondent
    conducted said
    scrap metal salvage operation in a manner that
    has
    caused
    or
    allowed the emission of smoke
    or
    other particulate
    matter into
    the
    atmosphere of an opacity
    of
    greater
    than 30
    percent
    in
    violation of Rule 202(b) of the Illinois Pollution
    Control Board
    Rules and Requlatibns, Chapter
    2, Part 11,
    11—457

    —2—
    (hereinafter “PCB Rules”), adopted pursuant to Section 10
    of the
    Act, Chap. 111—1/2, Ill. Rev. Stat., §1010 (1971,
    and thereby in violation of
    Section
    9(b)~f
    the
    Act,
    Chap.
    111—1/2, 111. Rev, Stat,,
    §1009(b) (1971).
    4.
    That during August, 1972, Respondent has caused or
    allowed the conGtruction of
    an exhaust
    hood in front of a
    Brule incinerator without first ~obtaining a Construction
    Permit from the Agency, in violation of Rule 103(a) of the
    PCB Rules, Chapter 2, Part
    I,
    adopted pursuant to Section
    10
    of the Act, Chap. 111—1/2, Iii.
    Rev. Stat., ~1010, (1971),
    and thereby in violation of
    Sectioi Tof the Act Chap.
    111—1/2, Ill. Rev. Stat., §1009(b) (1971),
    The Respondent entered into a Stipulation And Proposal
    For
    Settlement
    with
    the Agency, at a public hearing, me
    Respondent admitted, that it violated the Statute and Ru1c~
    and Regulations
    as
    charged, with the exceptio,n of the a11eg~_
    tions regarding open burning which both parties agree should be
    dismissed for lack of proof. The Respondent is engaged in
    acquiring, by collection or delivery, electrical conduit
    cable and uses its various incinerators for the purpose of
    burning off the rubber insulation from the copper metal contained
    therein, The Stipulation avers that upon notice of the Complaint,
    the Respondent embarked on a program of full compliance and
    expended $35,000.00 to implement action in that direction Stip.
    p,41.
    The Stipulation further avers that on September 11, 1973
    again on September 26, 1973 and for a third time on October
    2nd, 1973, engineers attached to theairveillance Section of the
    Division of Air Pollution Control of the EPA inspected Respondent
    and as a result of these inspections, made a determination that
    Respondent was not then, nor is it now, violating the Particulate
    Regulations as set forth by thelllinois Pollution Control Board
    and that it has brought its manufacturing devices within proper
    control so as not to be a pollution hazard to the State of
    Illinois. EStip. p.51
    By paragraphs Al-4 of the Stipulation, Respondent agrees
    that it violated Rules 202(b) and 103(a) of the Air Pollution
    Regulations; Rule 3-3.122 of the Rules and Regulations Governing
    the Control of Air Pollution; and Section 9(b) of the En-
    vironmental Protection Act. ~Wé so fin~1. By paragraph A5
    of the Stipulation, the Complainant~agre~sthat no proof exists
    of violation of Section 9 Cc), of the Environmental Protection
    Act. Charges alleging violation of Section 9(c) are dismissed.
    The Agency and the Respondent agreed to a penalty of $3,000.00
    Stip. p.8.
    This Opinion constitutes the findings of fact and con-
    clusions of law of the Board.

    IT IS THE
    ORDER of the
    Pollution
    Control
    Board that
    Respondent, Laflin Salvage
    Co.,
    Inc.,
    shall:
    1. Operate
    the
    United incinerator in
    accordance with
    the -suggested operating
    procedures provided
    by the
    manufacturer
    with reference to time, temperature,
    types
    of loads,
    sizes
    of loads and any other
    applicable parameters;
    2. Cease and desist use
    of
    a
    I3ruie
    incinerator
    unless
    properly controlled.
    3. Refrain from conducting
    salvage
    operations by
    open burning;
    4. Notify the Agency
    during perio5 of
    malfunctions or
    breakdowns, in compliance with Rule
    105 of
    the Pollution
    Control Board Rules and Regulations, Chapter 2, Part I;
    5. Pay to the State oflllinois the
    sum
    of $3,000.00
    within 35 days from the date of this Order. Penalty pay-
    ment 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.
    6. Nothing contained herein shall prevent Respondent
    from installing a second G—466 model incinerator manu-
    factured by United Corporation of Topeka, Kansas if Respondent
    shall deem the same necessary to properly run its operations,
    conditioned upon receiving the applicable Agency permits.
    7. Allegations regarding violation of Section 9(c) of
    the Environmental Protection Act are dismissed.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, certfy that the above Opini n and Order was
    adopted on this
    ‘7
    “.
    day of
    ,
    1974 by
    avoteof~-O

    Back to top