ILLINOIS POLLUTION CONTROL BOARD

October 31,

1972

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

vs.

)

PCB 72—298

GENERAL CLASSICS, INC.,

a corporation,

Respondent.

Dennis R. Fields, Assistant Attorney General for the EPA

Marvin Kramer for Respondent

OPINION AND ORDER OF THE BOARD (by Mr. I-Ienss)

The Environmental Protection Agency filed a complaint

against General Classics, Inc. alleging that the Company had

violated the Environmental Protection Act and the Rules and

Regulations Governing the Control of Air Pollution by in-

stalling equipment to eliminate, reduce or control the emission

of air contaminants without first obtaining a permit from the

EPA. A Stipulation of Facts shows that Respondent did install

after burners on an incinerator at its Chicago manufacturing

plant in August 1971 without a State permit. The incinerator

was used for the burning of paper, wood and cardboard. General

Classics relied upon the contractor to obtain all permits for

the installation and had no actual knowledge of the need for

an EPA permit. The President of General Classics states that

the contractor told the company he had obtained all necessary

permits. The contractor had in fact obtained permits from the

Chicago Division of Environmental Control but did not at any

time obtain any permit from the Illinois Environmental Protection

Agency.

General Classics has now ceased operating the incinerator

and utilizes a scavenger service for the disposal of its refuse.

The issues raised by this case have previously been decided

in EPA vs. American Generator & Armature Company, PCB 71-329

and EPA vs. Procter & Gamble Manufacturing Company, PCB 72-210.

In Procter & Gamble we said:

“Prior to the enactment of the Environmental

Protection Act on July 1, 1970 it was not

necessary to obtain a State permit for installation

of new equipment within the City of Chicago, since

that area had been exempted from State requirements.

6 105

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A

City

permit was sufficient. In the American

Generator case, we held that State permits have

been recuired for construction of new facilities

in Chicaqo since July 1, 1970. The Opinion,

announced January 6, 1972, indicates that

penalties will be imposed for future violations

of

the rule.~

Penalties were not imposed in the previous two cases

because

the violations took place before our decision of

January 6, 1972 gave final notice of the need for State permits

in construction of Chicago facilities. The same factual

situation exists here

with

regard to General Classics install-

ation

of

equipment in Chicago in the Summer of 1971. The same

ruling will be followed,

The Board finds that the permit provisions of the Environ—

rental Protection Act were violated and hereby orders that this

oroceedina be closed with no remedial or penalty provision~.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board certify that the above Opinion and Order was

ado?ted on the

~i’/

~ day of October, 1972 by a vote of

_______

to

~

Christan L. Moffet4~~lerk

Illinois Pollution Control Board

6

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