ILLINOIS POLLUTION CONTROL BOARD
    October 17, 1972
    ENVIRONMENTAL PROTECTION AGENCY
    V.
    )
    #72—206
    THE RILEY COMPANY, a Delaware
    )
    corporation
    MESSRS. WILLIAM
    J. SCOTT and JAMES
    T.
    RUBIN,
    ON BEHALF OF
    ENVIRONMENTAL PROTECTION AGENCY
    PETERSON
    & HOUPT, MR.
    RICHARD HOUPT, ON BEHALF OF RESPONDENT
    OPINION AND ORDER CF
    T-HE
    BOARD
    (BY SAMUEL
    T.
    LAWTON,
    JR.)
    Complaint was filed against The Riley Company on May 15,
    1972,
    alleging that between July
    1,
    1970 and January 20,
    1972, Respon-
    dent had operated its incinerator located in Skokie,
    ILlinois,
    so
    as to
    cause
    the
    discharge
    of
    particulates
    in
    violation
    of
    Rule
    3-3:232 of the Rules and Regulations Governing the Control of Air
    Pollution,
    continued in effect by Section 49(c)
    of the Environmental
    Protection Act.
    The incinerator, located at Respondent’s manu-
    facturing facility, was used to dispose of scrap paper and card-
    board.
    On January
    20,
    1972, Respondent permanently sealed and shut
    down its incinerator.
    Public hearing was held on the complaint on September 21,
    1972.
    On the basis of the record we find that Respondent has violated
    the Regulations,
    as alleged.
    At the hearing, the parties proposed
    a stipulation and settlement,
    to which no public comment was received.
    The parties stipulated that at the rate of 100 pounds per hour,
    the
    incinerator emitted
    .586 grains per standard cubic
    foot of gas,
    against an allowable maximum emission of
    .35 grains per standard
    cubic foot of gas.
    Also stipulated was that the only notices re-
    ceived by Respondent regarding its incinerator operation, were on
    January 11,
    1972, being a notice of possible violation from the
    Environmental Protection Agency and on January 12, 1972,
    being a
    complaint by Cook County Environmental Control Bureau.
    The Cook
    County complaint was heard in the Circuit Court of Cook County on
    January 17,
    1972, pursuant to which,Respondent w~sassessed a fine
    of $50.00 plus
    $5.00 costs.
    Respondent shut down its incinerator
    immediately thereafter and has retained a scavenger service to dis-
    pose of paper previously burned in the incinerator.
    The Environmental Protection Agency states that Respondent
    has cooperated with the Agency and shown good faith in shutting
    5
    —
    673
    down its incinerator upon receipt of notice,
    Since we find
    that Respondent has violated the above regulation, we normally
    would be inclined to assess a small penalty.
    However, since
    Respondent has already paid a fine,
    no further penalty will be
    assessed.
    We note that no nuisance complaint was ever filed against
    Respondent, and that Respondent has ceased operation and
    cooperated fully in this matter.
    However, we shall order that
    Respondent cease and desist from any future violations of the
    Act and Rules.
    This opinion constitutes the findings of fact and conclusions
    of
    law
    of
    the
    Board.
    IT IS
    THE
    ORDER
    of the Pollution Control Board that Respon-
    dent shall cease and desist the operation of its facility in
    Skokie, Illinois so as to cause air pollution as defined in the
    Environmental Protection Act, or emissions in excess of particulate
    regulations contained in Rules and Regulations Governing the Control
    of
    Air
    Pollution.
    Mr.
    Dumelle
    dissents.
    I,
    Christan
    Moffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board,
    certify
    that
    the
    above
    Opinion
    and
    Order
    was
    adopted
    on
    the
    /
    7 ~
    day of October, A,
    D.
    1972, by a vote of
    ~.)
    to
    j
    —2—
    5
    —
    674

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