CLERK’S OFFICE
DEC
2
2003
STATE OF ILLINOIS
Pollution
Control Board
OFFICE
OF THE A1TORNEY GENERAL
STATE OF
ILLINOIS
Lisa Madigan
A~FORNEY
GENERAL
November
25, 2003
The Honorable
Dorothy Gunn
Illinois
Pollution Control
Board
State of
Illinois Center
100 West Randolph
Chicago,
Illinois 60601
Re:
People
v.
Stein Steel
Mill Services,
Inc.,
an Illinois corporation
PCB No.
02-1
Dear Clerk Gunn:
Enclosed for filing please find the original and ten copies of a NOTICE OF FILING, MOTION
FOR
RELIEF
FROM
HEARING
REQUIREMENT
and
STIPULATION
AND
PROPOSAL
FOR
SETTLEMENT in regard to the above-captioned matter.
Please file
the original and return
a file-
stamped
copy of the document to our office
in the enclosed, self-addressed,
stamped envelope.
Thank you
for your cooperation
and
consideration.
Very truly yours,
Delbert D.
Haschemeyer
Environmental Bureau
500
South Second Street
Springfield,
Illinois 62706
(217) 782-9031
DDH/pp
Enclosures
500 South
Second Street,
Springfield, Illinois
62706
•
(217) 782-1090
•
Y’Y:
(217)
785-2771
•
Fax:
(217) 782-7046
100
West Randolph Street, Chicago,
Illinois
60601
•
(312)
814-3000
•
TT’I~
(312)
814-3374
•
Fax: (312) 814-3806
lOfli
F~isr
Main.
Carbondale.
Illinois
62901
•
(618) 529-6400
•
TTY:
(618) 529-6403
•
Fax:
(618) 529-6416
RECE~VEJ~
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
CLERK’5
OFFICE
MADISON COUNTY,
ILLINOIS
DEC
2
2003
PEOPLE OF THE STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution
Control Board
)
Complainant,
vs.
)
PCB No.
02-01
)
Enforcement
STEIN STEEL MILL SERVICES,
)
INC., an
Illinois corporation,
Respondent.
NOTICE OF FILING
To:
Stephen
G.
Jeffrey
Joseph M.
Kellmeyer
-
Dean
L.
Franklin
Thomas Coburn,
LLP
One Firstar Plaza
St.
Louis,
Missouri 63101-1 693
PLEASE TAKE
NOTICE that on this
date
I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois,
a MOTION FOR RELIEF FROM HEARING REQUIREMENT
and STIPULATION AND
PROPOSAL FOR SETTLEMENT, a copy of which is attached hereto and
herewith served
upon you.
Respectfully submitted,
PEOPLE
OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental EnforcementlAsbestos
BY
500 South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
November 25, 2003
Litigatior
DELBERT D(HASCHEMEY’
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I
hereby certify that
I
did
on
November 25,
2003,
send
by First
Class
Mail, with
postage
thereon fully prepaid,
by depositing
in a
United States Post Office
Box a true and
correct copy of
the following instruments entitled
NOTICE OF FILING, MOTION
FOR RELIEF FROM
HEARING
REQUIREMENT
and STIPULATION AND PROPOSAL
FOR SETTLEMENT
To:
Stephen
G. Jeffrey
Joseph
M.
Kellmeyer
Dean L.
Franklin
Thomas Coburn,
LLP
One Firstar Plaza
St.
Louis,
Missouri 63101-1 693
and the original
and ten copies by First Class
Mail with
postage thereon fully prepaid of the same
foregoing
instrument(s):
To:
Dorothy Gunn, Clerk
Illinois Pollution Control
Board
State of Illinois Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois 60601
A copy was also sent by First Class
Mail with
postage thereon fully prepaid
To:
Carol Sudman
Hearing Officer
Illinois Pollution Control
Board
1021
N.
Grand Avenue East
Springfield,
Illinois 62794
b~D.aschemeye~
Assistant Attorney General
This filing is submitted
on
recycled paper.
RECE~VE~
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
DEC
22003
PEOPLE OF THE
STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution
Control Board
)
Complainant,
)
vs.
)
PCB No. 02-01
)
Enforcement
STEIN STEEL MILL SERVICES,
)
INC., an Illinois corporation,
)
)
Respondent.
MOTION
FOR RELIEF
FROM HEARING
REQUIREMENT
NOW
COMES Complainant,
PEOPLE
OF THE
STATE
OF ILLINOIS,
by LISA
MADIGAN, Attorney General of the State of Illinois, and pursuant to
Section
31(c)(2) of the
Illinois
Environmental Protection Act (“Act”), 415 ILCS 5/31 (c)(2) (2002),
moves that the Illinois
Pollution
Control
Board
grant the parties
in
the above-captioned matter relief from the hearing
requirement imposed
by Section
31(c)(1) of the Act,
415
ILCS 5/31(c)(1)
(2002).
In support of
this
motion,
Complainant states as follows:
1.
On July 2,
2001, Complainant filed a
Complaint with the Board, alleging
violations
by the Respondent of the air pollution control
requirements.
2.
The parties
have
reached
agreement on
all outstanding issues
in this matter.
3.
This agreement is presented to the Board
in a Stipulation
and
Proposal for
Settlement, filed
contemporaneously with this
motion.
4.
All
parties agree that a
hearing
on the Stipulation
and Proposal
for Settlement
is
not necessary,
and
respectfully request relief from such a
hearing
as allowed by
Section
31(c)(2)
of the Act, 415 ILCS 5/31(c)(2)
(2002).
1
WHEREFORE,
Complainant, PEOPLE
OF THE STATE OF ILLINOIS,
hereby requests
that the Board
grant this
motion for relief from the hearing
requirement set forth
in Section
31(c)(1) of the Act, 415 ILCS 5/31(c)(1)
(2002).
Respecifully submitted,
PEOPLE
OF THE STATE OF
ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
MATTHEW J.
DUNN,
Chief
Environmental Enforcement/Asbestos
)n
Divis
BY
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
November 25, 2003
2
/
RE
CE LWE~
/
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
CLERK’S
OFFICE
DEC
2
2003
PEOPLE OF THE STATE OF ILLINOIS,
)
)
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
)
v.
)
PCB NO. 02-01
)
(Enforcement)
)
STEIN STEEL MILL SERVICES,
INC.,
an Ohio corporation,
Respondent.
STIPULATION AND PROPOSAL FOR SETTLEMENT
NOW
COMES
the
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
by
LISA
MADIGAN,
Attorney General
of the
State
of
Illinois,
at
the request
of the Illinois
Environmental
Protection Agency, and
Respondent, STEIN STEEL
MILL SERVICES,
INC., an Ohio corporation,
and
hereby submits
this
Stipulation
and
Proposal
for
Settlement.
The
parties
agree
that
the
statement of facts contained herein represents afairsummary of the evidence and testimony which
would
be
introduced
by
the
parties
if
a
full
hearing
were
held.
The
parties
agree
that
this
Settlement is a compromise of a disputed claim.
The parties further stipulate that this statement
of facts
is made and agreed
upon for the purposes of settlement only and that neither the fact that
a party has
entered into the Stipulation, nor any of the facts
stipulated
herein, shall be introduced
into evidence
in this or any other proceeding
except to
enforce the terms
hereof by the parties to
this agreement.
Notwithstanding the previous
sentence, Respondent agrees that this Stipulation
and
Proposal
for Settlement
and
any
Illinois
Pollution
Control
Board
(“Board”)
order
accepting
same may be used in any future enforcement action as evidence of a pastadjudication of violation,
as provided
in
Section 42(h) of the Illinois Environmental
Protection Act
(“Act”), 415 ILCS 5/42(h)
(2002).
The agreement
shall
be
null
and
void
unless
the Board
approves and
disposes
of this
matter on each and
every one of the terms
and conditions of the Settlement
set forth
herein.
1
JURISDICTION
The Board has jurisdiction of the subject matter herein and of the parties consenting hereto
pursuant to the Act, 415
ILCS 5/1
et seq.
(2002).
II.
AUTHORIZATION
The undersigned representatives for each party certify that they are fully authorized bythe
party whom they represent to
enter into
the terms and
conditions
of this Stipulation and Proposal
for Settlement and to
legally bind them to
it.
-
III.
APPLICABILITY
This
Stipulation
and
Proposal
for
Settlement
shall
apply
to
and
be
binding
upon
the
Complainant and Respondent and any officer, director, agent, employee or servant of Respondent,
as well as the Respondent’s successors and assigns.
The Respondent shall not raise as a defense
to
any enforcement
action taken
pursuant to
this Settlement the failure of its officers,
directors,
agents,
servants,
or
employees
to
take
such
action
as
shall
be
required
to
comply
with
the
provisions of this Settlement.
IV.
STATEMENTOF FACTS
1.
The Illinois
Environmental Protection Agency
(“Illinois
EPA”)
is an
administrative
agency established
in
the executive branch of the State government by Section
4 of the Act, 415
ILCS 5/4 (2002),
and
is charged,
inter a/ia,
with
the duty of enforcing the Act.
2.
Respondent, Stein Steel Mill Services,
Inc., is an Ohio corporation,
authorized to do
business
in
Illinois.
2
3.
Respondent operates a facility at 2201
Edwardsville
Road;
Granite
City,
Illinois,
which crushes and screens slag from
National Steel
Corporation.
4.
On July 2, 2001, the State filed a Complaint alleging in Count
I that commencing on
July 29, 1997,
and other dates, Respondent caused or allowed the emission of fugitive particulate
matter from its roadways, the skimmer slag
pit and other facilities so as
to violate Section 9(a) of
the Act,
415
ILCS
5/9(a)
(2002),
and
35
III.
Adm.
Code
201.141.
In
Count
II,
the
State
alleges
Respondent failed
to submit an acceptable minimum operating program addressing the control
of
particulate matter,
failed
to
maintain written
records
of particulate
matter control
measures
and
failed
to
maintain
the
skimmer
slag
watering
system
as
required
by
Respondent’s
Federally
Enforceable State Operating Permit No. 96090078 in violation of Section 9(b) of the Act, 415 ILCS
5/9(b) and 35 Ill. Adm. Code
21 2.309(a) and 212.316(g)(4) and condition 8(b) of Operating Permit
No.
96090078.
5.
The Agency’s last inspections of Respondent’s facility preceding the execution of
this
Stipulation
and
Proposal for Settlement were August 21
and
September 4,
2002.
Although
Respondent has a fugitive particulate matter control
program, the program was deficient in that it
did
not have a
map to scale that identifies
all
normal traffic patterns and
all active
storage
piles.
Implementation
of
the program was deficient
in
that one
roadway was
not
being
sprayed
on
a
regular basis,
the roadway suppression
logs were
not showing
the frequency of water spraying,
metallicfines had not been destocked to storage on a daily basis, and thewater truck had not been
maintained.
6.
Respondent is
in
the process
of acting
in
accordance
with
the provisions
of the
Stipulation
and
Proposal
for
Settlement
to
resolve
the
circumstances
leading
to
the
alleged
violations.
3
V.
IMPACT ON THE
PUBLIC RESULTING
FROM NON-COMPLIANCE
Section 33(c)
of the Act, 415
ILCS 5/33(c)
(2002),
provides:
c.
In
making
its orders
and
determinations,
the
Board
shall take
into
consideration
all
the
facts
and
circumstances
bearing
upon
the
reasonableness of the emissions,
discharges,
or deposits involved
including,
but not limited to:
the character and degree of injury to, orinterference with the
protection
of
the
health,
general
welfare
and
physical
property of the people;
ii.
the social and economic value of the pollution source;
iii.
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;
iv.
the technical practicability and economic reasonableness
of
reducing oreliminating the emissions, discharges or deposits
resulting
from such
pollution source; and
v.
any subsequent
compliance.
In
response to
these factors, the parties state as follows:
1.
Complainant contends that the injury to, or interference with, the protection
of the
health, general welfare, and physical property of the People would
be characterized as a potential
for air
pollution and
the degree
of injury would
be dependent upon
the extent of the pollution and
the degree
of exposure to
that pollution.
2.
The parties agree that Respondent’s facility is of social and economic
benefit.
3.
Respondent’s facility is located
adjacent to
National
Steel’s
manufacturing facility
and other industrial facilities in an
area which is primarily an
industrial area.
4.
The
parties
agree
that
complying
with
the
Act
and
regulations
is
technically
practicable and economically reasonable.
4
5.
Respondent is
in
the process
of implementing
measures
in
order
to
operate
in
compliance with the Act and the Board’s Air Pollution Regulations.
VI.
CONSIDERATION OF SECTION 42(H) FACTORS
Section 42(h) of the Act, 415
ILCS
5/42(h) (2002),
provides:
h.
In
determining
the appropriate
civil
penalty to
be
imposed
under
subdivisions
(a),
(b)(1), (b)(2),
(b)(3), or (b)(5)
of this
Section,
the
Board
is authorized to consider any matters
of record
in
mitigation
or aggravation of
penalty,
including
but not limited to
the following
factors:
(1)
the duration and
gravity of the violation;
(2)
the presence or absence of due diligence on the part of the
violator in attempting
to comply with the requirements of this
Act and regulations thereunder or to secure relief therefrom
as
provided by
this Act;
(3)
any economic
benefits
accrued
by the violator because
of
delay in
compliance with
requirements;
(4)
the
amount
of
monetary
penalty which
will serve
to
deter
further
violations
by
the
violator
and
to
otherwise
aid
in
enhancing voluntary compliance with this Act by the violator
and
other persons similarly subject
to the Act; and
(5)
the
number,
proximity
in
time,
and
gravity
of
previously
adjudicated violations of this Act by
the violator.
In response
to
these factors, the parties state as
follows:
1.
The alleged violations were distinct in
nature and occurred between July 29, 1997,
and
the present.
2.
In response to notices of noncompliance issued by the Illinois EPA, the Respondent
is working with the Illinois EPA to resolve
its operational problems in order
to comply with the Act.
5
3.
The economic benefit of Respondent’s alleged noncompliance is the savings, if any,
realized by not designing and implementing adequate fugitive particulate control and
preventative
maintenance programs.
4.
Complainant has
determined,
in
this
instance,
that
a
penalty
of fifteen thousand
dollars ($15,000.00)
will serve to
deter further violations and
aid
in future voluntary enforcement
of the Act and
applicable regulations.
5.
The Complainant is unaware
of any previously adjudicated
violations of the Act by
the Respondent.
VII.
TERMS OF SETTLEMENT
-
A.
Respondent neitheradmits nor denies violating Sections 9(a) and
(b)
of the Act, 415
ILCS
5/9(a) and
(b) (2002),
35
III.
Adm.
Code 201.141,
21 2.309(a), 212.316(a)(4) and
Condition
8(b) of Respondent’s
Operating
Permit No.
73050009;
B.
The Respondentshall pay a penalty of fifteen thousand dollars ($15,000.00) into the
Illinois
Environmental
Protection
Trust
Fund
within thirty
(30)
days
from the
date
on which
the
Pollution Control Board adopts a final order approving this Stipulation and Proposal for Settlement.
Payment shall
be made
by certified
check or money order,
payable
to
the Treasurer of the State
of Illinois, designated to the Environmental Protection Trust Fund,
and shall be sent
by first class
mail to:
Illinois
Environmental Protection Agency
Fiscal Services
Section
1021
North
Grand Avenue East
P.O.
Box 19276
Springfield,
Illinois 62794-9276
Respondent’s
Federal Employer Identification Number (“FEIN”) shall be written upon the certified
check or money order.
Respondent’s
FEIN
is:
34-1 320778
6
A copy of the payment transmittal and check shall be simultaneously submitted to:
Office of the Attorney General
Environmental Bureau
500 South
Second Street
Springfield, Illinois 62706
C.
a.
Respondent shall, within thirty (30) days of a Pollution
Control Board Order
accepting
this
Stipulation
and
Proposal,
submit
a
comprehensive
fugitive
particulate
control
program which meets the requirements
of 35
III. Adm.
Code
21 2.309
and
is consistent with
the
information submitted
in the application for the CAAPP permit to
the Agency by
sending to:
Illinois
Environmental Protection Agency
1021
North Grand
Avenue East
P.O.
Box 19276
-
Springfield,
IL 62794-9276
and
Illinois Environmental Protection
Agency
c/o John
Justice
2009 MalI Street
Collinsville,
IL
62234
b.
The Agency shall, within thirty (30) days,
review the program submitted
by
Respondent pursuant
to
subparagraph
(a)
and
advise the
Respondent
in
writing whether the
program is acceptable;
or if the program is deficient,
the Agency shall advise the
Respondent of
the deficiency or deficiencies identified.
c.
If the Agency, pursuant to subparagraph
(b),
identifies
any deficiencies
in
the fugitive particulate control program submitted
pursuant to subparagraph
(a), the Respondent
shall resubmit the program with the required corrections within thirty (30) days of the date of receipt
of the Agency’s notice of deficiency to:
Illinois
Environmental Protection
Agency
1021
North Grand Avenue East
P.O.
Box 19276
Springfield,
IL 62794-9276
7
/
and
Illinois Environmental Protection Agency
do John Justice
2009 MaIl
Street
Collinsville,
IL
62234
d.
Respondent
shall
amend,
as
necessary,
its
fugitive
particulate
control
program so that it is current as
required
by 35
Ill. Adm.
Code
21 2.31 2.
e.
The Respondent shall keep written records and
submit reports as
required
by
35
III.
Adm.
Code
212.316(g).
D.
Respondent has
filed a collateral proceeding, a permit appeal, PCB
No.
02-211
in
which Respondent is appealing
IEPA’s
determination of incompleteness
regarding
an operating
permit
application
as
part
and
parcel
to
the
agreement
to
settle
this
case.
Respondent
has
submitted
an
application
to
the Agency
for a
Clean
Air Act
Permit
Program
(“CAAPP permit”).
Further, as consideration for the agreements contained herein, the Agency agreesto process said
permit
in a reasonable manner considering the regulatory limitations and the resource limitations
of the
agency.
In
consideration
for the
Agency’s agreement
as set
forth
herein,
Respondent
agrees to
dismiss its
Permit Appeal
PCB
No.
02-211
within
30
days
of the entry of a
Pollution
Control
Board
Order accepting
this
Stipulation
and
Settlement.
Respondent further agrees
to
waive the Board’s decision deadline in
PCB No.
02-211
until 90 days after the Board’s decision on
this Stipulation and
Proposal for Settlement.
VIII.
COMPLIANCE WITH
OTHER LAWS
AND REGULATIONS
This
Stipulation
and
Proposal
for
Settlement
in
no
way
affects
the
responsibility
of
Respondent to comply with any federal, state, or local regulations,
including but not limited to the
Act, 415 ILCS 5/1
et seq.
(2002), 40 C.F.R. Part 61(1998), and the Board’s Rules and Regulations,
35
III.
Adm. Code,
Subtitles A through H.
8
WHEREFORE, Complainant and Respondent request that the Board adopt and accept the
foregoing Stipulation
and Proposal for Settlement as written.
Respectfully submitted,
PEOPLE OF THE
STATE OF ILLINOIS,
LISA
MADIGAN,
Attorney General
State of Illinois,
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation E~vision
Dated:/~3
BY:_______________________
THOMAS
DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS
ENVIRONMENTAL
P
OTECTION AGENCY
Dated:
~
/a ~
~
/
/
/JÔ~EPHE.
SVOBODA
~—~hief
Legal
Counsel
STEIN
STEEL MILL SERVICES,
INC.,
An Ohio corporation
Dated_____
~
/
‘
9