ILLINOIS POLLUTION CONTROL BOARD

November 15, 1979

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Complainant,

v.

)

PCB 78—152

ATLANTIC RICHFIELD COMPANY,

)

a Pennsylvania corporation,

)

Respondent.

MS. JUDITH S. GOODIE, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF

OF THE COMPLAINANT.

MR. STEVEN M. WOLF, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE

RESPONDENT.

OPINION AND ORDER OF THE BOARD (by Mr. Werner):

This matter comes before the Board on the May 24, 1978 Complaint

brought by the Illinois Environmental Protection Agency (“Agency”).

Count I of the Complaint alleged that, at some time after March 7,

1972, the Respondent constructed a wastewater treatment works at its

Rockford oil terminal without the requisite Construction Permit

issued by the Agency in violation of Rule 951(a) of Chapter 3: Water

Pollution Control Regulations (“Chapter 3”) and Section 12(b) of the

Illinois Environmental Protection Act (“Act”). Count I also alleged

that, at some time after May 16, 1977, the Respondent modified its

treatment works by increasing the height of the containment walls

surrounding its holding pond without the necessary Construction Permit

from the Agency. Count II alleged that, at some time after Decem-

ber 31, 1972 and continuing on each day of operation until the date

of filing of the Complaint, the Respondent operated its treatment

works without an Operating Permit from the Agency in violation of

Rule 953(a) of Chapter 3 and Section 12(b) of the Act. Count III

alleged that, at some time after July 27, 1973 and continuing until

the date of filing of the Complaint, the Respondent allowed the opera-

tion of its treatment works without an Agency certified treatment

works operator in violation of Rule 1201 of Chapter 3 and Section 12(b)

of the Act. A hearing was held on March 20, 1979. No members of the

public attended.

At the hearing, the Assistant Attorney General indicated that all

the actions to be taken by the Respondent to come into compliance were

keyed to the date of the signing of the Stipulation and Proposal for

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Settlement (i.e., January 29, 1979) and should have been taken by

March 1, 1979. CR. 4). However, the permit application for the

oil—water separator was not submitted on time

-

it was received by

the Agency on March 15, 1979. (R. 4). It appears that chemical anal-

ysis of one effluent sample was not obtained due to the fact that the

sample itself could not be procured by virtue of the prevailing weather

conditions (i.e., heavy snow) and the covering of the outfall by sever-

al feet of snow. (R. 6).

On June 26, 1979, the Agency filed an Advisement to the Board as

to the status of the parties with respect to the terms of the settle-

ment agreement admitted into evidence at the hearing on March 20, 1979.

(See: Joint Exhibit No. 1). The proposed settlement agreement pro-

vided that, beginning on March 1, 1979 and continuing thereafter, the

Company would not operate its oil-water separator without an Agency

Operating Permit and an Illinois Certificate of Technical Competency

(as an Industrial Wastewater Treatment Works Operator) pertaining to

such operation issued by the Agency. Exhibit A of the Advisement con-

sisted of a copy of the water pollution control permit issued by the

Agency on March 22, 1979 which allowed the Respondent to construct

and/or operate its oil-water separator system subject to a condition

that the operator of the permitted facilities be certified by the

Agency. However, the Advisement noted that, as of June 20, 1979, the

Agency had not received a completed application for the required Cer-

tificate of Technical Competency, nor had such a certificate been

issued for the facility.

On July 20, 1979, the Board received a letter (including docu-

mentation) from the Company which stated that it had submitted an

application for the Certificate of Technical Competency to the Agency

on May 7, 1979 and that, by letter of June 6, 1979, the Agency had

responded with a request for a written technical discussion of the

waste treatment facility involved. The Company indicated that it was

in the process of responding to the Agency’s request. Subsequently,

the parties filed on October 22, 1979 the Stipulation and Proposal for

Settlement which they signed on January 29, 1979.

The stipulated facts indicate that the Respondent, Atlantic

Richfield Company, is a Pennsylvania corporation, authorized to do bus-

iness in Illinois, which is engaged in the exploration, development,

production, marketing and transportation of petroleum, natural gas,

mineral and chemical products. The Respondent owns and operates an

oil terminal facility located at 1511 South Meridian Road in Rockford,

Winnebago County, Illinois. It is stipulated that the Respondent

installed a gravity-displacement oil—water separator in 1975 to catch

and retain petroleum products in the event of a spill, tank car com-

partment leak, or rupture at the truck loading rack.

There is no discharge into Illinois waters from this treatment

works. Rainwater runoff washes the waste oil

into

drainage trenches

near the truck loading rack and resulting wastewater is piped by

gravity flow to a 10,000 gallon underground separator tank. After the

36—86

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oil and water are separated by gravity displacement, the recovered oil

is pumped to a storage tank which is located on the Respondent’s pro-

perty. The remaining water is pumped through a 4 inch diameter pipe

which is 135 feet long. This water is discharged into a 34,200 gallon

holding pond on the site.

In May of 1977, the height and width of the retaining wall of the

holding pond were increased to prevent unwanted water discharges from

the pond. (Stip. 2). The Respondent constructed, operated and modi-

fied the oil—water separator without the requisite Construction and

Operating Permits from the Agency. Moreover, from 1975 until 1979,

the oil-water separator was operated without the direct supervision of

an Agency certified industrial wastewater treatment works operator.

(Stip. 3).

It is also stipulated that, on June 14, 1978, the Respondent sub-

mitted to the Agency an application for a permit pertaining to the

oil—water separator. However, on August 8, 1978, the Agency informed

the Respondent by letter that its application was denied (citing the

need for additional information to complete the Agency’s technical

review). (Stip. 3).

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, Atlantic Richfield Company,

has violated Rules 951(a), 953(a), and 1201 of Chapter 3: Water Pollu-

tion Control Regulations and Section 12(b) of the Act. The Respondent

is directed to follow the compliance program set forth in the Stipula-

tion and Proposal for Settlement. The stipulated penalty of $3,500.00

is hereby assessed against the Respondent.

This Opinion constitutes the Board’s findings of fact and conclu-

sions of law in this matter.

ORDER

It is the Order of the Illinois Pollution Control Board that:

1. The Respondent, Atlantic Richfield Company, has violated

Rules 951(a), 953(a), and 1201 of Chapter 3: Water Pollution Control

Regulations and Section 12(b) of the Illinois Environmental Protection

Act.

2. Within 30 days of the date of this Order, the Respondent shall,

by certified check or money order payable to the State of Illinois, pay

the stipulated penalty of $3,500.00 which is to be sent to:

36—87

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Illinois Environmental Protection Agency

Fiscal Services Division

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 October 22, 1979,

which is incorporated by reference as if fully set forth herein.

Mr. Goodman abstained.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, he;eby certify hat the bove Opinion and Order were ado ted on

the

~

day of

___________________,

1979 by a vote of

—0

CQ~L.MOf~?~

Illinois Pollution Con rol Board

3 6—88