ILLINOIS POLLUTION CONTROL BOARD
    March
    22, 1973
    ENVIRONMENTAL PROTECTION AGENCY
    #72—284
    V.
    #73—46
    FERGUSON AND LANGE FOUNDRIES,
    INC.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Seaman):
    By complaint filed on July 6,
    1972,
    the Environmental
    Protection Agency
    (“Agency”)
    charged Ferguson and Lange Foundries,
    Inc.
    (“Ferguson and Lange”)
    ,
    owner and operator of
    a foundry at
    1039 West Willow Street,
    in the City of Chicago, County of Cook,
    and State of Illinois since on or about August 25, 1971, Ferguson
    and Lange has operated said foundry in violation of Rule 3-3.111
    of the Rules and Regulations governing the control of air pollution
    according to Section 49(c)
    of the Environmental Protection Act
    (ch.
    111 1/2, Illinois Revised Statutes, Section 1049(c)).
    Furthermore, Ferguson and Lange were charged with operating its
    foundry in such a manner so that it caused or allowed the discharge
    of contaminants into the environment so that either alone or in
    combination with sources it causes or tends to cause air pollution
    in Illinois in violation of Section
    9 (a)
    .
    Finally, Ferguson and
    Lange are charged by the Agency with constructing and installing
    equipment capable of causing or contributing
    to air pollution,
    or
    designed
    to prevent air pollution without a permit granted by the
    Environmental Protection Agency,
    in violation of Section
    9(b)
    of
    the Environmental Protection Act
    (ch.
    111
    1/2, Illinois Revised
    Statutes,
    Section 1009(b)).
    The Respondent filed a Petition For Variance on July 6,
    1972
    and indicates that on or before March
    1,
    1973,
    his control
    equipment will be ready for stack testing.
    He is requesting
    a
    variance until March 31,
    1973.
    We see no objection to this.
    The record in this case indicates that the Attorney General’s
    office withdrew the following charges with regard
    to paragraph
    3,
    and we quote:
    “We are withdrawing count, paragraph
    three.
    We are
    not asking the Respondent to admit to that since we have no proof
    of
    it and no citizen witnesses of any kind.”
    Paragraph three of
    the complaint is referred to above as the violation of Section
    9(a)
    of the Environmental Protection Act.
    The record consists of some
    forty-six
    (46)
    pages and the Respondent in effect admits to the
    charges by the Agency.
    The Respondent’s testimony is more by way
    of mitigation than defense.
    The Attorney General presented no
    case in rebuttal since there were no
    facts in contention.
    7
    —
    365
    —2—
    The witness who testified in behalf of Respondent testified
    that approximately $155,000 to $160,000 has been or will be spent
    in order to control the pollution of the foundry.
    Testimony also
    indicated that the Respondent had a difficult time obtaining the
    necessary natural gas, necessary to the efficient operation of
    his control equipment,
    causing further delay.
    According to
    Respondent’s testimony,
    stack tests would commence on March
    1,
    1973
    and be completed by March 31,
    1973.
    In summary, we find that the undisputed evidence indicates
    that the Respondent did violate the Act and Rules as aforementioned
    in the Agency’s complaint.
    Because of the effort, difficulty of
    control,
    and large expenditure of capital that the Respondent
    has made,
    we will order Respondent to pay a nominal penalty to
    the State of Illinois for such violations and remind him that we
    may not be
    so lenient if such violations persist in the future.
    This opinion constitutes the Board’s findings of
    fact and
    conclusions of law.
    IT IS THE ORDER OF the Pollution Control Board:
    1.
    Respondent shall pay to the State of Illinois within
    thirty-five
    (35)
    days from the receipt of this Order, the
    sum of $200 as a penalty for the violations
    found in this
    proceeding as set forth in the Stipulation.
    Payment shall be
    made by certified check or money order payable to the State
    of Illinois, and shall be sent to Fiscal Services Division,
    Illinois Environmental Protection Agency,
    2200 Churchill
    Drive, Springfield,
    Illinois 62706.
    2.
    Respondent shall cease and desist from the aforesaid violations
    of the Act.
    3.
    Respondent
    is hereby given
    a variance up to and including
    March
    31,
    1973,
    and he
    shall report the results of the stack
    tests to the Environmental Protection Agency.
    I, Christan Moffett, Clerk of the Illinois Pollutior~Control Board,
    certify that the above Order was adopted on the
    1”~
    day of1~4.~_)\~
    1973, by a vote of
    4/-~
    Christan Moffett, Cl~)~
    Illinois Pollution C~,?rol Board
    7
    —
    366

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