ILLINOIS POLLUTION CONTROL BOARD
    October 11, 1973
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    COMPLAINANT
    v.
    )
    PCB
    72—139
    NORGE, DIVISION OF FEDDERS, INC.
    RESPONDENT
    )
    THOMAS J.
    IMMEL,
    ASSISTANT ATTORNEY GENERAL,
    on
    behalf
    of the
    ENVIRONMENTAL PROTECTION AGENCY;
    JOSEPH
    S.
    WRIGHT,
    JR., on behalf of NORGE.
    OPINION
    AND
    ORDER OF THE BOARD
    (by
    Ivlr.
    ilarder)
    This is an enforcement action filed by the Environmental
    Protection Agency against Norge,
    Division of Fedders, Inc., on
    April 5,
    1972.
    The complaint alleges violations
    of the following:
    A)
    Section
    9
    (a)
    of the Environmental Protection
    Act
    B)
    Rule 2-2.53 of the Rules and Regulations
    Gov~-
    erning the Control of Air Pollution (hereinaft-
    er Air Rules)
    C)
    Section 9
    (B)
    of the Environmental Protection
    Act and Rule 3-2.100 of the Air Rules
    D)
    9
    (C)
    of the Environmental Protection Act and
    Rule 502
    (a)
    of the
    Air
    Pollution Regulations
    E)
    Rule 3-3.122 of the Air Rules
    On August
    6,
    1973,
    a hearing was held at Marion,
    Illinois.
    At that time a stipulation was entered into by the respective par-
    ties.
    This case has been active for an inordinate period of time.
    The case was filed on April
    5,
    1972, and finally came to hearing
    on August
    6, 1973.. .a period of sixteen months.
    Difficulties in
    arriving at a hearing date and technical difficulties in obtaining
    permits caused much of the delay.
    The main point all parties must
    be concerned with is that
    a stipulation entered into by the Agency
    9— 431

    —2
    and a Respondent is not necessarily a prelude to favorable Board
    decision.
    In many cases the terms of a stipulation are enacted be-
    fore the Board renders its decision.
    Although this quick action on
    the part of a Respondent is commendable in that, in most cases,
    it
    tends to abate pollution,
    it should not be considered
    a “final order.”
    It is the responsibility of the parties concerned,
    as well
    as that
    of the Board, to take action on
    a case as soon as all the information
    is available.
    In the instant case the Board feels
    that the steps taken under
    stipulation to alleviate the aforementioned allegations, along with
    the fine stipulated, will result in an equable settlement.
    This
    settlement will serve the dual purpose of insuring the area resi~
    dents protection from pollution that they are guaranteed, while im-
    posing on Norge a penalty for past infractions.
    It is vital to mei~.-
    tion that citizen complaints have diminished markedly as
    a result of
    steps already taken by Norge.
    It is part of the record
    (R.
    6)
    that
    no citizens were present at the time of the hearings.
    In regard to the various complaints brought against Norge, the
    following actions have been stipulated or have occurred.
    1.
    Norge hadin operation on and before April
    4,
    1972,
    dual
    coal-fired boilers for its heating and process requirements.
    These
    boilers were the cause of part of the section
    9
    (a)
    violation,
    the
    2.253 and the 3-3.122 violations.
    No evidence was presented showing
    calculated emission rates of Ringelmann results.
    Testimony (Stipula-
    tion
    4) was entered as to citizen complaints and Agency observations
    of dense smoke.
    2.
    Norge effected the installation of an over fire system on
    the above boiler in September,
    1971.
    This installation was made
    without an Agency permit, thus the violation of
    9
    (b)
    and Rule
    3—2.100.
    This installation was made prior to this complaint.
    Al-
    though it is
    a violation,
    it was a show of good faith by Norge to
    attempt to reduce its emissions before the onset of an Agency com-
    plaint.
    Even in the absence of a stipulation, the fine for this
    offense would be minimum, if anything at all.
    3.
    Norge had on or before April
    4,
    1972, practiced open burn-
    ing in violation of Section
    9
    (c)
    and Rule 502
    (a).
    This procedure
    was used to incinerate paint from used paint racks as a sort of sal-
    vage operation.
    4.
    An additional allegation was fostered by storage
    of hot
    ashes outdoors to facilitate cooling.
    In order to eliminate complaints and bring its facilities into
    compliance with all applicable rules and regulations, Norge has ac-
    complished the following:
    9— 432

    —3—
    1.
    Converted its dual coal-fired boilers to gas.
    These boilers may also burn fuel oil
    if required.
    2.
    Constructed and put into operation an incinerator
    for its paint racks, with an afterburner and en-
    closing building.
    3.
    The
    practice
    of
    storing
    hot
    ash
    outside
    was
    stopped, and now that gas is used as fuel this
    will cease to be a
    problem.
    Two
    other problems warrant discussion.
    Norge
    is presently utilizing a lacquer paint system.
    These
    hydrocarbon emissions are now governed by Rule 205
    (f)
    and 205
    (f)
    (2)
    (d)
    of the Air Rules.
    Norge has committed itself to adherence
    to said rules
    (R.
    10).
    In fact,
    Norge contemplates compliance well
    ahead of the May 30,
    1975, deadline.
    Norge also maintains an old uncontrolled coal-fired boiler which
    it wishes to use in the event its oil—fired boiler becomes inopera-
    tive.
    It will be part of this order that said boiler will not be
    used unless proper relief is obtained from the Illinois Pollution
    Control Board.
    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.
    Norge, Division of Fedders, Inc.,
    is found to be in viola-
    tion of the sections and rules mentioned above.
    Respondent
    shall
    pay
    to
    the
    State
    of
    Illinois
    the
    sum
    of
    $2,000
    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,
    Ill-
    inois Environmental Protection Agency, 2200 Churchill Road,
    Springfield, Illinois 62706.
    2.
    Norge, Division of Fedders, Inc.,
    shall submit reports at
    60-day intervals,
    commencing with the date of this order,
    regarding its progress as to intended compliance with Rule
    205
    (f)
    (2)
    (d).
    These reports will be pursuant to Norge’s
    compliance
    plan
    and
    project completion schedule previously
    filed
    with
    the
    Environmental
    Protection
    Agency.
    3.
    Norge, Division of Fedders, Inc.,
    shall not operate its
    uncontrolled coal-fired boiler unless proper relief is ob-
    9
    433

    —4—
    tamed
    from the Illinois Pollution Control
    Board or proper controls are instituted and ac-
    cepted by the Environmental Protection Agency.
    IT IS SO ORDERED.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, certify that the above Opnon
    and Order was adopted
    by the Board on the
    —-
    ~
    day of
    _______________,
    1973, by
    a
    voteof
    LI
    to
    c~
    9—434

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