ILLINOIS POLLUTION CONTROL BOARD
    March
    22, 1973
    CHICAGO HEIGHTS GRAY IRON FOUNDRY,
    INC.
    )
    v.
    )
    PCB 73—22
    ENVIRONMENTAL PROTECTION AGENCY
    Steven C.
    Bonaguidi, Assistant Attorney General, on behalf of the
    Environmental Protection. Agency.
    Maurino
    R.
    Richtori, on behalf of the Chicago Heights Gray Iron
    Foundry,
    Inc.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Seaman):
    This
    is a Petition For Variance filed by the Chicago Heights
    Gray Iron Foundry,
    Inc. with the Environmental Protection Agency,
    hereinafter “Agency” on January
    22,
    1973.
    Petitioner requests a
    variance from Rule 3-3.111 of the Rules and Regulations governing
    the control of air pollution continued effective by Section 49(c)
    of the Environmental Protection Act (Illinois Revised Statutes,
    1971,
    ch.
    111 1/2, Section
    1049(c)).
    The Petitioner believes
    that compliance with the above provision would constitute an
    arbitrary and unreasonable hardship because of its current
    financial difficulty.
    It alleges it is on the brink of bankruptcy
    due to the embezzlement of $120,000 by a trusted
    employee.
    The
    Petitioner requests a variance for six
    (6) months after the time
    certain control equipment is delivered and installed at his factory
    in order for the Petitioner
    to make performance tests.
    The Petitioner
    estimates the equipment will be delivered between May
    8 and May 22,
    1973 and that it should take less than one week to install same.
    Chicago Heights Gray Iron Foundry,
    Inc., operates a family
    facility at the above location for melting cast iron
    (scrap and
    pig iron)
    aking a gray-iron casting.
    It is
    a small operation,
    melting on
    twice a week,
    usually on Wednesday and Saturday mornings
    between the hours of 7:00 A.M. and 9:30 A.M.,
    just an hour and
    one half operation.
    The corporation has only ten
    (10)
    employees,
    excluding office personnel.
    The amount of tons melted on each of
    said days is between six to ten tons only.
    For the past several
    years,
    this small family operation has been on the brink of bank-
    ruptcy caused by the embezzlement of one of their trusted employees,
    John Wozny, manager of said operation.
    As
    a result of the indictment
    by the Internal Revenue Service,
    he
    is serving a prison term at
    Sandstone, Minnesota.
    However, civilly,
    the corporation did file
    suit against him in chancery.
    The name and number of this case is
    as follows:
    Chicago Heights Gray Iron Foundry,
    Inc.,
    Plaintiff,
    vs. John Wozny, Defendant,
    Case No.
    72 CH 1094.
    7
    —
    389
    In conclusion, we find an obvious voluntary effort on the
    part of the Petitioner
    to comply with the Environmental Protection
    Act.
    The Agency does point out, however, that the Petitioner’s
    control program as presently constituted is insufficient to meet
    the
    requirements
    of Rule 203(a)
    of the PCB regulations.
    We
    feel
    in granting this variance that the Petitioner will, now duly
    notified, meet those requirements as soon as possible.
    Further,
    it impresses
    us that the Agency has received no complaints concerning
    the Petitioner’s operations.
    This opinion constitutes the findings of
    fact and conclusions
    of law of
    the
    Board.
    IT IS
    THE
    ORDER of
    the Pollution Control Board:
    1.
    The
    variance be granted only until August 15,
    1973.
    2.
    The Petitioner, by August 15,
    1973,
    submit its stack test
    results to the Agency.
    I, Christan Moffett, Clerk of the Illinois Pollution Control Boar
    certify that the above order was adopted on the
    ~
    day ofm
    1973, by
    a vote of
    ‘4—c:~
    Christan Moffett, Clerk/V
    Illinois Pollution Con1~r~O.ABoard
    7
    —
    390

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