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
—3—