ILLINOIS POLLUTION CONTROL BOARD
    February 27,
    1975
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 74—327
    NORTHWESTERN CHEMICAL COMPANY,
    an Illinois corporation,
    Respondent.
    Mr.
    John
    S. O’Brien, attorney for Complainant.
    Mr. John E.
    Reinert, attorney for Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr.
    Odell)
    On September
    6,
    1974,
    the Environmental Protection Agency
    (Agency)
    filed a Complaint against the Northwestern Chemical
    Company with the Pollution Control Board
    (Board).
    The Agency
    charged that beginning January
    1,
    1973, and continuing to
    September
    6,
    1974,
    the Respondent operated its wastewater source
    without an Operating Permit in violation of Sections 12(a)
    and
    (b)
    of the Environmental Protection Act
    (Act)
    and Rule
    903(a)
    of the Water Pollution Regulations
    (Chapter Three).
    Respondent operates a facility in West Chicago, DuPage
    County, Illinois, where chicle and other raw materials are pro-
    cessed and refined to manufacture chewing gum.
    Condenser water,
    wash water, spills, boiler blowdown, and water softener brine
    are discharged via floor drains or direct connections into
    a
    storm sewer of the City of West Chicago
    (City) with an outlet to
    a tributary of Kress Creek.
    A hearing was held at the City Hall in West Chicago,
    Illinois
    on Thursday, December 19,
    1974.
    A Stipulation and Proposal For
    Settlement was entered into evidence.
    No witnesses were called;
    no interested citizens came forward to ask any questions or make
    any comments.
    The Statement of Facts indicated that until 1953
    the wastewater discharged into a sanitary sewer.
    Thereafter,
    at
    the request
    of the City, discharge has been made into a storm
    sewer.
    Periodically, the Respondent and City have discussed re-
    connecting
    the
    wastewater discharge to the City~ssanitary sewer.
    Respondentts only notice from the Agency of its need for a permit
    was
    an oral admonition
    on January
    4,
    1973.
    A Construction Permit
    application was submitted to the Agency on November 22,
    1974.
    A
    permit was issued on December 13.
    On
    December 17,
    1974, Respondent
    applied for a permit to install
    a waste incinerator,
    Respondent
    has hired a firm to purchase and install the equipment contemplated
    15
    —597
    —2—
    by both permit applications.
    The cost is estimated to be
    in
    excess of $100,000.
    For the purposes of Settlement,
    Respondent admitted the
    allegations as set out in the Complaint.
    The Terms of Proposed Settlement were expressly conditional
    upon acceptance
    by
    the Board in all respects.
    The parties
    stipulated
    that:
    (a)
    The Respondent shall diligently accomplish
    all matters contemplated by the EPA Permit application
    submitted on
    November
    22,
    1974.
    City-approved dis-
    charge of certain wastes to the West Chicago sanitary
    sewer
    as set forth therein shall be effected within
    30
    days of the date of an Order of the Board accepting
    this proposed settlement.
    (b)
    Respondent agrees
    to pay
    to the State of
    Illinois
    a penalty in the amount of Two Thousand Dollars
    ($2,000.00)
    in full settlement of the causes of action
    al.eged
    in said Complaint and occurring prior
    to the
    date hereof.
    Payment of such penalty shall be made
    immediately upon receipt of an Order of the Illinois
    Pollution Control Board accepting the proposed settle-
    ment
    .
    .
    We accept the Stipulation and Proposal For Settlement entered
    into between the parties.
    The agreement provides for the correction
    of the problem and the imposition of
    a penalty in sufficient amount
    to deter others from violating the Act and Regulations.
    Finally,
    the public interest is properly protected by the method in which
    the parties have resolved the issues in this case.
    This Opinion constitutes the findings of fact and con-
    clusions of law of the Board.
    ORDER
    IT
    IS THE ORDER of the Pollution Control Board that:
    1.
    Respondent shall diligently accomplish all matters
    contemplated by the Agency Permit application submitted on
    November 22,
    1974.
    City-approved discharge of certain wastes
    to the West Chicago sanitary sewer as set forth therein shall be
    effected within 30 days of the date of this Order.
    2.
    Respondent shall pay a penalty of $2,000.00 for its
    violations of the Act and Regulations established in this Opinion
    Payment shall be by certified check or money order payable to the
    15
    —
    598
    —3—
    State of Illinois, Fiscal Services
    Division,
    Environmental
    Protection Agency,
    2200 Churchill Road,
    Springfield, Illinois
    62706.
    Payment shall be made within 14 days of the adoption
    of this Order.
    I,
    Christan
    L.. Moffett, Clerk of the IlliI4ois Pollution Control
    Board, hereby cert
    y that the above Opinion and Order w s adopted
    on the~’~day of
    __________
    ,
    1975,
    by
    a vote of
    ___
    to
    15
    —
    599

    Back to top