ILf~i~OlS
POCf~tJTION
CONTROL
BOMW
February
22,
1984
I
t~L1NOIS EN\TI RCNtHNTAL
)
PROTECT
ION
tCTf~~C~T
Comolainant,
PCB
81—132
BORDEN
CHEMICM~,
a
flivision
)
of
Borden,
Inc.,
a
New
Jersey
corporation,
ORDER
OF
THE
BOARD
(by
W~
.1.
Neqa
On
November
II,
1983,
the
parties
filed
a
Stipulation
and
Proposal
for
Settlement
which
provides
For
a
$30,000
stipulated
penaity~
Wh~le the
proposed
settlement:
agreement
appears
to
be
gener—
a~1y
acceptabI~
erder
3~ Ill,
Adm~
Cnd~’ 103.
180.
the
Board
finds
that
the
pa:cties
shall
submit
more
infotoation
as
to
the
various
~actors
which
were
considered,
and
the
weight
given
to
each
of
these
actors,
specri
Fically
how
the
amount
of
the
proposed
stipu-
lated
penalty
was
decided
upon~
Relevant
factors
in
the
determination
of
the
proposed
pen—
alty
which
should
be
addressed
by
the
parties
include
(but are
not
limited
to
the
:oilowinq
considerations:
(1) the amount of
money saved
by
non—compliance;
(2)
whether
the Respondent showed
good
faith
in
taking
measures
to
correct
the violations and
to
avoid
environmental
harm;
(3)
the
degree
of
actual
inThry
or
harm
to
the
environrnent,~
(4)
the
duration
and
severity
of
the
viola-
tions;
(5)
penaLties
in
comparable
cases;
and
(6)
whether
these
violations
represented
a
irst
offense
or
whether
there
were
prior
~\gency
warnings
dud
contacts
pertaining
to
corrective
actions,
etc~
Within
30
days
of
the
date
of
the
Order,
the
parties
shall
submit
the
necessary
information
showing
that
the
proposed stipu-
lated penalty
is
appropr:Late
in
light
of
the
particular
facts
arid
circumstances
of
this
case
IT
ID
BC
ORDERED.
56-209
Board
Members J~Dumelle and
J.
Anderson dissented.
I,
Christan
L~.
Moffett,
Clerk
of
the
Illinois
Pollution
Control B9~rd,
hereby certify that
the above Order was adopted on
the
~~day
of
1984
by
a
vote of____
_______
Christan L.
Moffett, C1Wk
Illinois Pollution Control
Board
56-210