ILLINOIS POLLUTION CONTROL BOARD
July
25, 1972
ENVIRONMENTAL PROTECTION AGENCY)
V.
)
#
72—142
COLUMBIA TOOL STEEL COMPANY
Preliminary Opinion and Order of the Board
(by Mr. Currie)
Complainant has alleged that Respondent violated certain p01-
lution statutes
and regulations in the operation of its electric-
arc furnaces and related equipment used for the manufacture of
high alloy steel at its Chicago Heights facility.
Complainant
alleges that Respondent has operated its furnaces and exhaust fans
in such a manner as to
“reduce” or
“conceal”
or
“dilute” the
allegedly excessive emissions of particulate matter to the atmos-
phere.
Respondent has moved for a summary judgment arguing that
“as a matter of law,” Respondent has
“not so conducted itself
so as to conceal
a violation of any regulation or statute.”
There are clearly factual issues raised by the allegations
and the motion for summary judgment pertaining to the exact nature
of Respondent’s operations, and whether or not there has been in
fact a concealment of excessive emissions and an attempt to thereby
circumvent the provisions of the enumerated statutes and regulations.
A public hearing
is in order
to allow both sides to present their
views and to permit the Board to render its determination of whether
or not, based
upon the facts adduced at the hearing, there have been
violations of the law.
The motion for summary judgment is denied and the parties are
ordered to proceed to a public hearing on the matter forthwith.
I, Christan L. Moffett,
Clerk of the Pollution Control Board,
certify that the~Board adopted the above Preliminary Opinioji and
Order this
day of
,l972 by a vote of
~
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5—59