Wells Mfg. Co. v. Pollution Control Bd., No. 76--440

CourtIllinois Appellate Court
Writing for the CourtDIERINGER
Citation48 Ill.App.3d 337,6 Ill.Dec. 497,363 N.E.2d 26
Decision Date21 April 1977
Docket NumberNo. 76--440
Parties, 6 Ill.Dec. 497 WELLS MANUFACTURING COMPANY, Petitioner-Appellant, v. The POLLUTION CONTROL BOARD et al., Respondents.

Page 26

363 N.E.2d 26
48 Ill.App.3d 337, 6 Ill.Dec. 497
WELLS MANUFACTURING COMPANY, Petitioner-Appellant,
v.
The POLLUTION CONTROL BOARD et al., Respondents.
No. 76--440.
Appellate Court of Illinois, First District, Fourth Division.
April 21, 1977.

[48 Ill.App.3d 338] Joseph S. Wright, Jr. and Michael D. Freeborn, Chicago, for petitioner-appellant.

William J. Scott, Atty. Gen. of Ill. by Michael A. Benedetto, Jr., Asst. Atty. Gen., for respondent-appellee Environmental Protection Agency.

DIERINGER, Presiding Justice.

This is an appeal from an order of the Illinois Pollution Control Board (Board). The order of the Board found Wells Manufacturing Company (Wells) to be in violation of sections 9(a) and (b) of The Environmental Protection Act (Ill.Rev.Stat.1975, ch. 111 1/2, pars. 1009(a)(b)) and assessed a fine of $9,000. It also found Wells to be in violation of Rule 103(b)(2) of the Board's

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[6 Ill.Dec. 498] Air Pollution Regulations and required an abatement plan, performance bond and certain progress reports.

The issues on appeal are (1) whether the findings of the Board are in error, (2) whether the Board's dismissal of the permit appeal and finding of a violation for failure to have a permit were in error, (3) whether the Board's abatement order and related requirements were in error, and (4) whether the fine of $9,000 was in error.

The facts of the case are, Wells operates an iron foundry in Skokie, Illinois, about one-half mile from the village of Morton Grove. The plant is located in an area zoned for heavy industry and was constructed in 1947. The plant produces from 500 to 1,000 types of castings for a large variety of industries. The plant employs about 500 workers who work in three shifts, around the clock. The payroll is between 5 and 6 million dollars per year. The principal complainants in this suit are the people who live in the village of Morton Grove. Their complaints brought the Illinois Environmental Protection Agency and the other defendants into the suit. It is their contention the foundry operation causes offensive odors to be released into the air and this causes them to feel ill. After extensive hearings before the Board, it found Wells guilty of releasing offensive odors from the plant and guilty of failing to possess an operating permit, as required by section 9(b) of the Environmental Protection Act.

The standards for 'unreasonable interference with the [48 Ill.App.3d 339] enjoyment of life or property' (Ill.Rev.Stat.1975, ch. 111 1/2, par. 1003(b)) were set by our Supreme Court in Incinerator, Inc. v. Pollution Control Board (1974), 59 Ill.2d 290, 319 N.E.2d 794, where the court said the Board should take into account (1) the character and degree of injury to, or interference with the protection of the health, general welfare and physical property of the people; (2) the social and economic value of the pollution source; (3) the suitability or unsuitability of the pollution source to the area in which it is located, including the question of priority of location in the area involved; and (4) the technical practicability and economic reasonableness of reducing or eliminating the emissions, discharges or deposits resulting...

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5 practice notes
  • State Citizen Suits, Standing, and the Underutilization of State Environmental Law
    • United States
    • Environmental Law Reporter Nbr. 52-6, June 2022
    • 1 June 2022
    ...Inc. v. Macon County Farm Bureau, Inc. , 627 N.E.2d 1129 (Ill. App. Ct. 1993); Wells Manufacturing Co. v. Pollution Control Board , 363 N.E.2d 26 (Ind. App. Ct. 1977), af’d , 383 N.E.2d 148 (Ill. 1978) (explaining that standards for “unreasonable interference with the enjoyment of life or p......
  • Nmma v. N.M. Water Quality Control Comm., No. 25,186.
    • United States
    • New Mexico Court of Appeals of New Mexico
    • 22 November 2006
    ...(D.C.Cir.1980) (reviewing lead standards applicable to employee exposure in the workplace); Wells Mfg. Co. v. Pollution Control Bd., 48 Ill.App.3d 337, 6 Ill.Dec. 497, 363 N.E.2d 26, 26-28 (1977) (reviewing an order that required a foundry to eliminate the discharge or odor emanating from t......
  • Wells Mfg. Co. v. Pollution Control Bd., Nos. 49643
    • United States
    • Supreme Court of Illinois
    • 6 October 1978
    ...arbitrary. Accordingly, the appellate court reversed the Board's order and instructed the Board to grant Wells an operating permit. (48 Ill.App.3d 337, 6 Ill.Dec. 497, 363 N.E.2d 26.) We granted leave to Wells operates an iron foundry in an industrial area of Skokie, immediately adjacent to......
  • People ex rel. Rathbun v. Rathbun, No. 13416
    • United States
    • United States Appellate Court of Illinois
    • 9 May 1977
    ...to te hearsay nature of Dr. Shannon's written report is deemed waived. The final contention of error is that the psychologist's [48 Ill.App.3d 337] recommendations were not based on the same legal standards that the trial court was required to apply to the evidence in this change of custody......
  • Request a trial to view additional results
4 cases
  • Nmma v. N.M. Water Quality Control Comm., No. 25,186.
    • United States
    • New Mexico Court of Appeals of New Mexico
    • 22 November 2006
    ...(D.C.Cir.1980) (reviewing lead standards applicable to employee exposure in the workplace); Wells Mfg. Co. v. Pollution Control Bd., 48 Ill.App.3d 337, 6 Ill.Dec. 497, 363 N.E.2d 26, 26-28 (1977) (reviewing an order that required a foundry to eliminate the discharge or odor emanating from t......
  • Wells Mfg. Co. v. Pollution Control Bd., Nos. 49643
    • United States
    • Supreme Court of Illinois
    • 6 October 1978
    ...arbitrary. Accordingly, the appellate court reversed the Board's order and instructed the Board to grant Wells an operating permit. (48 Ill.App.3d 337, 6 Ill.Dec. 497, 363 N.E.2d 26.) We granted leave to Wells operates an iron foundry in an industrial area of Skokie, immediately adjacent to......
  • People ex rel. Rathbun v. Rathbun, No. 13416
    • United States
    • United States Appellate Court of Illinois
    • 9 May 1977
    ...to te hearsay nature of Dr. Shannon's written report is deemed waived. The final contention of error is that the psychologist's [48 Ill.App.3d 337] recommendations were not based on the same legal standards that the trial court was required to apply to the evidence in this change of custody......
  • Wells Mfg. Co. v. Illinois E.P.A., No. 1-87-0956
    • United States
    • United States Appellate Court of Illinois
    • 9 March 1990
    ...with the Agency and Wells appealed. This court reversed the Board's order (Wells Manufacturing Co. v. Pollution Control Board (1977), 48 Ill.App.3d 337, 6 Ill.Dec. 497, 363 N.E.2d 26) and the supreme court affirmed this court (Wells Manufacturing Co. v. Pollution[195 Ill.App.3d 595] Control......
1 books & journal articles
  • State Citizen Suits, Standing, and the Underutilization of State Environmental Law
    • United States
    • Environmental Law Reporter Nbr. 52-6, June 2022
    • 1 June 2022
    ...Inc. v. Macon County Farm Bureau, Inc. , 627 N.E.2d 1129 (Ill. App. Ct. 1993); Wells Manufacturing Co. v. Pollution Control Board , 363 N.E.2d 26 (Ind. App. Ct. 1977), af’d , 383 N.E.2d 148 (Ill. 1978) (explaining that standards for “unreasonable interference with the enjoyment of life or p......

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