ILLINOIS POLLUTION CONTROL BOARD

June 14, 1973

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

CONTINENTAL BUILDING CORPORATION

)

PCB 73-48

and

CONTINENTAL ENVELOPE CORPORATION,

Respondents.

Mr. George D. Karcazes, Assistant Attorney General, on behalf

of Complainant;

Mr. Sol L. August on behalf of Respondents.

OPINION AND

ORDER

OF THE BOARD (by Mr. Seaman):

On February 15, 1973, the Environmental Protection Agency

filed a complaint against Respondents, Continental Building

Corporation and Continental Envelope Corporation, both located

in Chicago, County of Cook, Illinois, charging violation of

Section 9(a) of the Illinois Environmental Protection Act.

Respondent Continental Envelope Corporation is owner of a

single chamber incinerator and Respondent Continental Building

Corporation manages the building in which the aforesaid in-

cinerator is located.

Specifically, the complaint charges Respondents with

allowing the incinerator to be operated so as to cause or allow

the discharge or emission of particulate matter (flyash and soot)

into the atmosphere in amounts in excess of and in violation of

that which is permitted by Rule 3~-3.232of the Rules as made

applicable by Rule 2—2.11 of the Rules.

A hearing was held in this action cn April 18, 1973. On

March 24, 1972, Mr. Laxmi N. Kesari, an Environmental Protection

Engineer for the Agency was conducting routine surveillance

(R. 8). Mr. Kesari noted smoke emissions from Respondent’s

incinerator stack and proceeded to investigate.

8—273

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—2—

Respondents do not dispute the fact that burning did

take place in the incinerator on March 24, 1972, nor that

said burning resulted in a violation of Rule 3-3.232.

Respondents’ main contention is that the burning in question

was not done by any of their employees (R, 34). Respondents’

witness, Mr. Jack Colitz, superintendent of the building,

testified that an unidentified man was doing the burning and

that he, Mr. Colitz, told him to stop (R. 36). Mr. Colitz

further testified that immediately thereafter he took the

necessary steps to render the incinerator inoperative (R. 37)

The incinerator was dismantled and sealed by Respondent

(R. 30).

Respondents’ witness, Mr. John Wimmer, Plant Superintendent,

testified that the incinerator had never been used by the

Respondents in the three years during which he was employed

by the Respondents (R. 56)

.

Mr. Wimmer further testified that

wastepaper and wood materials are disposed of in Respondents’

compactor and hauled away (R. 50)

,

and that any scrap paper

that results from operations is sold (although no evidence

other than Mr. Wimmer’s testimony was offered) and is so

valuable that it would not be burned (R. 63).

This Board finds from the record that the Agency presented

evidence sufficient to prove a violation of Rule 3—3.232 by

Respondents on March 24, 1972. Respondents’ contention

that none of its employees were responsible for the burning

incident is unavailing. It is not incumbent upon the

Agency to prove the identity of the person putting materials

into the incinerator, as Section 9(a) prohibits not only

the

causing of air pollution but also the allowance thereof.

This Opinion constitutes the findings of fact and conclu-~

sions of law of the Board.

IT IS THE ORDER of the Pollution Control Board that:

1. Respondents shall cease

and desist from violations

of Section 9(a) of the Environmental Protection

Act;

2. Respondents shall not reopen the subject

incinerator

without first applying for the appropriate permit

from the Agency and installing control devices.

8

—

274

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—3—

3.

Respondents,

Continental Building Corporation

and

Continental Envelope Corporation, shall individually

pair to the State of Illinois the snm of $50

each

within 35 days of the date of this Order. Penalty

payment

by certified check or money order payable to

the State of E.linois shall be

made to: Fiscal Services

Division, Illinois Environmental Protection Agency,

2200 Churchill Road, Springfield, Illinois, 62706.

I,

Christan

L. Moffett, Clerk

Board,

certify that J~heabove

the Board on the

Pt

“day

of

voteof

4

to

p

of the Illinois Pollution Control

Opinion and

Order was adopted by

..‘Ja~.-n..a...j

,

1973, by a

3—275