ILLINOIS POLLUTION CONTROL BOARD

February 14, 1973

ENVIRONMENTAL PROTECTION AGENCY

4t72—390

V.

CHICAGO HEIGHTS GRAY IRON FOUNDRY,

INC.

HERMAN R. TAVINS, ASST. ATTORNEY GENERAL, ON BEHALF OF ENVIRONMENTAL

PROTECTION AGENCY

MAURINO R. RICHTON, RICHTON & COOK, ON BEHALF OF CHICAGO HEIGHTS

GRAY IRON FOUNDRY, INC.

OPINION AND ORDER OF THE BOARD (BY SAMUEL T. LAWTON, JR.):

Complaint was filed against Chicago Heights Gray Iron Foundry,

Inc. charging that Respondent, in the operation of its facility,

emitted particulate matter so as to cause air pollution, in violation

of Section 9(a) of the Act and Rule 2-2.54 of the Rules and Regulations

Governing the Control of Air Pollution, between October 8, 1971 and

September 29, 1972, the date of the filing of the complaint. Respon-

dent is also charged with violation of Section 9 (b) of the Act in

having installed equipment capable of causing air pollution

or

de-

signed

to control it without a permit, The entry of a cease and de-

sist order and penalties in the maximum statutory amount are sought.

Hearing was held on January 6, 1973 at which time the essential

allegations of the complaint were admitted by Respondent, through its

counsel, except to the extent that while installation of certain

equipment had been made without a permit, the necessary permit was

subsequently obtained (R. 6 and 7). As a consequence, the Environ-

mental Protection Agency presented 

nO

evidence in support of the

allegations.

Witnesses were introduced on behalf of the Respondent, who testi-

fied with respect to the financial straits of the Respondent resulting,

in part, from an embezzlement by an employee. Notwithstanding these

conditions, it appears that Respondent has made a conscientious effort

to bring the facility into compliance.

Since nothing appears in the record to indicate the extent to

which air pollution was caused by Respondent’s operation prior to the

installation of abatement equipment, or the intensity of particulate

emissions in violation of the Rules, the Board does not have an ade-

quate basis for the assessment of any penalty, and, accordingly, none

~i1l be assessed.

7—91

While the Board encourages the settlement of cases by agreement

and the minimizing of hearings.consequential thereto, if the Agency

intends that penalties be assessed in settled matters, it will be

necessary to have a record on which a penalty may be based.

We are not advised whether Respondent’s operation is presently

in compliance and, accordingly, will enter a cease and desist order.

This opinion constitutes the findings of fact and conclusions of

law of the Board.

IT IS THE ORDER of the Pollution Control Board that Chicago

Heights Gray Iron Foundry, Inc. cease and desist from violation

of the Rules and Regulations Governing the Control of Air Pollution

and the Environmental Protection Act in the operation of its

foundry.

I, Christan Moffett, Clerk of the Illinois Pollution Control Board,

certify that the above Opinion and

Order was adopted on the 

______

day of February, 1973, by a vote of

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