ILLINOIS POLLUTION CONTROL BOARD
May
1.0, 1979
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 78—249
AMERICAN NICKELOID COMPANY,
an Illinois corporation,
Respondent.
MR. JOHN T. BERNBOM, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF THE COMPLAINANT,
D~ANCONA, PFLAUM, WYATT
& RISKIND, ATTORNEYS AT LAW
(MR.
ROBERT W.
GETTLEMAN,
OF COUNSEL), APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by Mr. Werner):
This matter comes before the Board on the September
12, 1978
Complaint brought by the Illinois Environmental Protection Agency
(“Agency”) which alleged that the Respondent’s plating facility
(the “facility”)
discharged effluents into the waters of the State
containing the contaminants copper, nickel, and cyanide
in excess
of the concentrations prescribed by its National Pollutant Discharge
Elimination System Permit
(“NPDES Permit”)
in violation of Rule 901
of Chapter
3:
Water Pollution Control Regulations and Sections 12(a),
(b), and
(f)
of the Illinois Environmental Protection Act
(“Act”).
A hearing
was held
on January
9, 1979.
The parties filed a
Stipulation and Proposal for Settlement on January 11,
1979.
The Respondent, the American Nickeloid Company, owns and
operates a plating facility located on West Main Street in the City
of Peru in
LaSalle County,
Illinois.
This facility discharges
effluent into the Illinois
River subject to the conditions
delineated in NPDES Permit No.
IL 0001724
(which was issued on
September 23,
1977; modified on September 29,
1977; and expires
On
February 28,
1981).
It is
stipulated that on various dates during October, 1977;
January,
1978; February,
1978; and June,
1978, the Respondent
discharged effluents containing copper, nickel and cyanide
33—453
—2—
contaminants into the Illinois River in excess of the limits set
in its NPDES Permit
(See:
Discharge Monitoring Reports in
Attachment B to the Stipulation).
The proposed settlement agreement
provides for a compliance plan which is designed to eliminate any
further violations of the terms and conditions of the Respondent’s
NPDES Permit
(See: Attachment C to the Stipulation),
It appears that the compliance plan detailed in the proposed
settlement agreement has effectively corrected previous problems.
A rust resistant pan has replaced the steel drip pan on the plating
line which
had
rusted, leaked, and caused a spill
in January,
1978.
The aisle by the plating tanks has been modified so that any spillage
in that aisle will drain into the batch alkaline treatment system,
rather than
into
the plate sewer which is untreated.
(R.
5-6).
Additionally,
new
drainage gutters were installed to prevent spillage
from entering untreated effluent to the lower pond;
sludge in the
upper pond has been removed; and a divide which directs all spillage
and effluent
to the batch alkaline treatment~systemhas been moved
to assure that
no
spillage from the plating line will escape such
treatment.
(See: Attachment C of the Stipulation).
Moreover,
the
Respondent has expanded its training program for plant employees to
insure proper effluent treatment and prevent incidents which can
cause excursions.
There have been no further excursions since the
Complaint was filed and the facility appears to be in full compliance
at
the present time.
(R,
6),
The proposed settlement agreement also provides that the
Respondent pay a stipulated penalty of $2,500
(within 28 days of
the date of the Board’s Order)
for its prior violations.
In
evaluating this enforcement action and proposed settlement,
the
Board has taken into consideration all the facts and circumstances
in light of
the
specific criteria delineated in Section 33(c)
of
the Illinois Environmental
Protection Act,
The Board finds the
stipulated agreement acceptable under Procedural Rule 331 and
Section 33(c)
of the Act.
The Board finds that the Respondent,
American Nickeloid Company, has violated Rule 901 of Chapter
3:
Water Pollution Regulations and Sections 12(a),
(b), and
(f) of the
Act.
Accordingly,
the Respondent shall pay the stipulated penalty
of $2,500 for these violations.
The Board has also considered the NPDES permit violations by
the American Nickeloid Company in light of the decision by the
U.S. Court
of
Appeals in Citizens for a Better Environment v.
EPA,
No.
78-1042, ______F.
2d
(7th
Cir.
1979),
and finds that the
Board has competent jurisd
T~nover the subject matter in this
Complaint pursuant to Sections 11(b),
12(f)
and 13(b)
of the Act
and Board regulations established thereunder.
33—45~.
—3—
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It
is the Order of the Illinois Pollution Control Board that:
1.
The Respondent has violated Rule 901 of Chapter
3:
Water
Pollution Regulations and Sections 12(a),
(b),
and
(f)
of the Act.
2.
Within 28 days of the date of this Order, the Respondent
shall pay the stipulated penalty of $2,500
,
payment to be made by
certified check or money order to:
State of Illinois
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois
62706
3.
The Respondent shall comply with all the terms and
conditions of the Stipulation and Proposal for Settlement filed
January 11,
1979,
which is incorporated by reference as if fully set
forth herein.
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, her~ycertify the above Opinion and Order were
adopted
_______day of
______________,
1979 by a
QAAI~~
~
Christan L. Moffett/~,4k
Illinois Pollution Cthf’?~’olBoard
33—455