ILLINOIS POLLUTION CONTROL BOARD
October
15,
 1987
ILLINOIS ENVIRONMENTAL PROTECTION
 )
AGENCY,
Complainant,
vs
 )
 PCB 86—167
THE STEEL COMPANY,
Respondent.
DIANE ROSENFELD LO PATA, ASSISTANT ATTORNEY,
 APPEARED ON BEHALF
OF COMPLAINANT, AND
RICHARD
 3.
 KISSEL
 (MARTIN, CRAIG, CHESTER
 & SONNESCHEIN),
APPEARED ON BEHALF OF RESPONDENT.
OPINION AND ORDER OF THE BOARD
 (by
 3.
 Anderson):
This matter comes before
 the Board
 on the October
 6,
 1986
complaint filed by the Illinois Environmental Protection Agency
(Agency)
 against The Steel Company
 (Company).
The Steel Company (formerly known as the Chicago Steel
 and
Pickling Company),
 operates a facility at 12500
 S.
 Stony
 Island
Avenue, Chicago, Illinois, engages
 in the cleaning and cutting
 of
coil
 steel, which processes create
 a spent pickle liquor.
The nine count complaint in this case alleges various
violations
 of
 the Act and
 the Board’s RCRA regulations arising
from
 the Company’s storage
 and treatment of
 its spent pickle
liquor;
 the complaint alleges that the spent pickle liquor
 constitute
 a hazardous waste because
 it contains hexavalent
chromium and lead.
 Violations alleged were of Sections 21(e),
21(f)(1)
 and
 (2)
 and 44(a)(l)(A)
 of the Act and
 35 111.
 Adm.
 Code
703.121,
 703.150,
 725.113(b),
 725.114(c), 725.115(d),
 725.116(e),
725.137(a), 725.151(a),
 725.212(a),
 725.242(a), 725.175, 725.243,
725.292(c)
 and
 35
 Ill.
 Adrn.
 Code
 722, Subparts
 B,
 C and D.
At hearing
 on June
 26,
 1987,
 the parties stated settlement
had been reached,
 but that an agreement had not been drafted.
One facet of the agreement noted
 at hearing was that there would
be
 no admission that “this
 is
 a TSD facility”
 (that is,
 a RCRA
hazardous waste treatment, storage or disposal
 facility)
 (R.4).
No members of the public were present at this hearing.
82—263
—3—
storage
 tank
 and
 tank area
 to
 the Agency within
 45 days,
 arid
 to
implement
 the plan 60 days after Agency approval
 is received.
The Board
 notes
 that the agreement is silent concerning what is
 to occur
 in the event of Agency disapproval of the proposal
plan.
 In
 the event
 that the parties cannot agree on
 a closure
plan, either party is free
 to request relief pursuant to Section
103.241
 of
 the Board’s procedural
 rules.
Paragraph 10 makes
 a citation
 to Section
 “7322.141”;
 this
should
 be Section “722.141”.
Paragraph
 11 provides no date for the payment of the
Stipulated
 $2,500; at hearing
 the parties stated an
 intent
 to
have
 the Board provide
 for payment
 in
 the Order.
 The Board has
inserted
 a
 30 day time limit,
 as this
 is standard
 in the
stipulations presented
 to
 the Board.
This Opinion and Order 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 Board hereby accepts
 the Proposal executed
 by the Steel
Company,
 Inc. and the Illinois Environmental Protection
Agency filed with the Board
 on September
 18.
 The
 terms and
conditions of the Revised Settlement
 Agreement, which is
attached hereto,
 are incorporated
 into
 this Order.
2)
 Respondent shall,
 by certified check
 or money order payable
to the State of
 Illinois and designated
 for deposit
 into the
Environmental Protection Trust
 Fund,
 pay the sum of
 $2,500
(Two Thousand,
 Five Hundred Dollars).
 The sum shall
 be paid
within
 30 days of the date
 of this Order.
 The payment shall
be mailed
 to:
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill Road
Springfield,
 IL
 62706
IT
 IS
 SO ORDERED.
3.
 T. Meyer dissented.
82—265
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
COOK COUNTY,
 ILLINOIS
 ___
Poaui~~
 ~
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant,
—vs—
 )
 PCB 86—167
THE STEEL COMPANY,
 an Illinois
 )
Corporation,
)
Respondent.
SETTLEMENT AGREEMENT
This agreement being entered this 21st day of July,
1987, between the Illinois Environmental Protection Agency
 (IEPA)
by and through its Attorney, Neil
 F.
 Hartigan, Attorney General
for the State of Illinois,
 and THE STEEL COMPANY, an Illinois
corporation witnesseth:
1.
 Whereas the Agency alleges several matters
 in its
Complaint regarding the treatment,
 storage and disposal of haz-
ardous waste at and
 in the Respondent’s facility; and
2.
 Whereas the omissions and activities alleged
 in the
Agency’s Complaint would constitute several violations of the
Illinois Environmental Protection Act
 (“Act”),
 I11.Rev.Stat.
1985,
 ch.
 111 1/2, par.
 1001 et
 ~
3.
 Whereas the Steel Company
 (
 when used in this
agreement, the
“
 Steel Company” shall include all of its affili-
ated companies
 )
 contests the allegations of the Agency’s Com-
plaint and does not admit liability thereto, but promises, cove-
nants and agrees not to engage
 in any activity in violation of
82—267
—1—
10.
 That the Company will submit annual reports for
,~
generators
 in accordance with Section
 ~722.l4l for 1984 through
the 1986.
11.
 Whereas the Agency and the Steel Company seek to
settle and resolve its controversy regarding the matters alleged
in the Complaint;
 and in furtherance thereof,
 the Steel Company
has agreed to pay the sum of TWO THOUSAND FIVE HUNDRED DOLLARS
AND
 NO CENTS
 ($2,500.00)
 to the ENVIRONMENTAL PROTECTION TRUST
FUND.
Now therefore,
 the Agency agrees,
 in consideration of
payment
 of the $2,500.00
 (Two Thousand Five Hundred Dollars)
 to
the Environmental Protection Trust Fund,
 to settle and compromise
the controversy pending between the Agency and the Steel Company
as set forth
in the Agency’s Complaint and to release the Steel
Company
 from all claims made
 in the Agency’s Complaint.
 The
Agency does not however,
 in any mar~neror respect, waive
 or
~~Q/
~4-m.
 -
relinquish any claim or claim~itn~whas or hereafter may have
against any other persons,
 firms or corporations other than the
Steel Company
 in connection with the aforesaid allegations set
forth above,
 nor does
 it waive or release any rights or claim or
claims it now has or may have against the Steel Company with
regard to any actions conditions or situations that may now exist
or hereafter come into being the
Steel Company apart from the
alleged acts and omissions set forth in the Complaint.
82—269
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