ILLINOIS POLLUTION CONTROL BOARD
    October 11, 1973
    ENVIRONMENTAL PROTECTION AGENCY
    COMPLAINANT
    v.
    )
    PCB 72-218
    3. R. SHORT MILLING COMPANY
    RESPONDENT
    MR. DENNIS K. MUNCY, ASSISTANT ATTORNEY GENERAL, on behalf of
    the ENVIRONMENTAL PROTECTION AGENCY.
    MR. PHILLIP B. BOWMP~Non behalf of the
    3.
    R. SHORT MILLING
    COMPANY
    OPINION AND ORDER OF THE BOARD (by Mr. Marder)
    This is an enforcement action filed against
    3.
    R. Short Mill-
    ing Company by the Environmental Protection Agency on
    May
    22, 1972.
    The Environmental Protection Agency alleges violation of:
    1) Violation of Section 9 (a) of the Environmental
    Protection Act
    2) Violation of Rule 2—2.53 of the Rules and Regula-
    tions Governing the Control of Air Pollution (Rules)
    3) Violations of Rule 3—3.122 of the Rules.
    3.
    R. Short Milling Company is an agriculturally-oriented pro-
    cessing firm, operating two mills at its Kankakee, Illinois, loca-
    tion. The first plant is a corn milling division, which produces
    more than 5,000,000 bushels of corn per year. The second plant is
    its bakery division which produces special flour for the wholesale
    baking industry. The company accounts for 8 of the market. The
    3.
    R. Short Milling Company also operates a 1,000,000 bushel grain
    elevator, used for storage and drying of said grains. To generate
    steam for the above process 3. R. Short Milling Company owns and
    operates a coal-fired boiler. lEt is this boiler, towards which the
    aforementioned allegations are directed.
    On January 5, 1973, Respondent filed a motion to strike the
    complaint and dismiss the proceedings. On February 7, 1973, the
    Agency filed a response to Respondent~s motion, and upon considera-
    tion the Board issued an order denying the Respondent’s motion.
    The first hearing was held on April 4, 1973. At that time
    the hearing officer presiding determined that the Agency and the
    3,
    R. Short Milling Company were about to enter into a stipulation.
    9
    —
    435
    —2—
    The hearing was continued to allow said stipulation to be formulated.
    On May 29, 1973, a hearing was held, and the proposed stipula-
    tion was read into the record. No citizens were present at the hear-
    ing, and the reading of the stipulation was
    the
    net result of the
    hearing.
    A few pertinent points should be made at this time.
    1. The Agency reported evidence, unrebutted, that
    violations of Sec. 9 (a)
    ,
    Rule 2-2,53, and Rule
    3-3.122 had occurred.
    2. This evidence relied on:
    a) Visual inspection of site
    b) Calculated emission rates
    c) Ringelmann readings as taken by a certi-
    fied smoke reader.
    3.
    3. R. Short proposed to take immediate action to replace
    its existing coal-fired boiler.
    The terms of the agreed—upon stipulation appear to be an ade-
    quate settlement of this case, and the Board’s order will so show.
    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. The 3. R. Short Milling Company is ordered to purchase,
    install, and operate a steam generating plant capable
    of the following:
    a) Being operational by June
    1,
    1973
    b) Being able to utilize fuels which will allow
    compliance with all applicable pollution rules
    and regulations of the State of Illinois.
    2. The
    3.
    R. Short Milling Company is ordered to oper-
    ate said steam generating plant so as to allow com-
    pliance with all applicable pollution rules and reg-
    ulations of the State of Illinois.
    3.
    3.
    R, Short Milling Company is to cease and desist
    from using their existing coal—fueled steam generating
    plant on June 1, 1973.
    9— 430
    —3
    4. T~spondent shall pay to the State of Illinois the
    sum of $1,000 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, Illinois Environmental
    Protection Agency,
    2200 Churchill Road, Springfield,
    Illinois, 62706.
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, certify that the above Opi i n and Order was adopted
    by the Board on the
    ii
    ~‘
    day of
    _________________,
    1973, by
    avoteof
    4
    to ~
    9—437
    .
    .

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