ILLINOIS POLLUTION CONTROL BOARD

April 21, 1988

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 85—18

CONCENTRATE CORPORATION, an

Illinois Corporation;

ALBA MARKETING CORPORATION,

an Illinois Corporation; and

ROBERT K. ARUNDALE II,

Respondents.

MS. MARCIA BELLOWS AND MR. JOSEPH ANNUNZIO APPEARED ON BEHALF OF

COMPLAINANT, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY;

MR. JOHN GOSSELIN APPEARED ON BEHALF OF ALL RESPONDENTS.

OPINION AND ORDER OF THE BOARD (by J.D. Dumelle):

This matter comes before the Board upon Complainant’s

February 1, 1985, seven count complaint, filed by the Attorney

General’s Office on behalf of the Illinois Environmental

Protection Agency (IEPA). Count I alleged that employees of

Respondent Alba Marketing improperly discharged vegetable oil

wastes into the sewer system of the City of Lemont, Cook County,

Illinois. Count II alleged that the above referenced discharge

illegally occurred at an unpermitted facility. Count III alleged

that the above referenced waste was illegally delivered to an

unlicensed hauler. Count IV alleged violation of waste manifest

requirements. Count V alleged that respondent Alba Marketing

hauled or transported special waste without a valid waste hauling

permit. Count VI alleged that during its transport of the

special waste, Respondent Alba Marketing failed to adhere to

required manifest requirements. Count VII the alleged that

Respondent Arundale disposed of the waste at an unpermitted

facility.

The Attorney General’s Office’s March 22, 1985 Motion For

Change Of Venue was granted; hearing was held on November 4, 1987

at 4711 W. Golf Road, Skokie, Cook County, Illinois. No members

of the public attended. At hearing the parties introduced a

partially executed Stipulation. Signature for the IEPA was

subsequently obtained. On March 30, 1988 the Attorney General’s

Office motioned for leave to amend the complaint to conform with

the terms of the Stipulation. The Board granted this Motion on

April 7, 1988.

88—291

—2—

In evaluating this enforcement action and proposed

settlement agreement, the Board has considered the facts and

circumstances in light of the specific criteria set forth at Ill.

Rev. Stat. ch. 111 1/2 par. 1033(c) and finds the Stipulation and

Proposal For Settlement acceptable under 35 Ill. Adm. Code

103.180. Accordingly the Board orders Respondent to comply with

the Order 

set

forth below.

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 March 30, 1988 Stipulation

Of Facts And Proposed Settlement executed by the

Illinois Attorney General’s Office and Respondents

Concentrate Corporation, Alba Marketing Corporation and

Robert K. Arundale II. The terms and conditions of the

Stipulation; which is attached hereto, are incorporated

into this Order.

2.  The Board finds that Respondents have violated Section

21(e) of the Illinois Environmental Protection Act

Ill. Rev. Stat. ch. ill 1/2 par. 1021(e).

3.  Respondent shall pay a civil penalty of three thousand

dollars ($3,000). The penalty shall be paid at the

rate of three hundred dollars ($300) per month, with

the first payment to commence 30 days after the entry

of this Order. Payment shall be made by certified

check or money order payable to the Environmental

Protection Trust fund and delivered to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, IL 62706

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Opinion, and Order was

adopted on the 

_______________

day of 

_____________,

1988 by a vote

of

Dorothy M.’Gunn, Clerk

Illinois Pollution Control Board

88—292

BEFORE THE ILLINOIS POLLUTION CONTRO 

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~ATU~

tWW~S

Po~unoN~  ø~

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

Conp)ainant,

vs.

PCB 8~-18

CONCENTRA1E CORPORATION, 

)

Illinois corporation;

ALBA MARKETING CCi~’ORATICN,

an Illinois

corn:rcition;

and

ROBEFF

K. ARUNDALE II,

Rescn~s.

STI1~ULATION 01 FACT~ ANT: P1~OPOSE1)_SETTLEMEN’I

Complainant, ILLINOIS

ENVIR0N~ENTAL PROTECTION AGENCY

(‘Agency”),

by Neil F. Hartigan,

Attorn?y General of Illinois,

and

Respc’ndentr,

CONCENTRATE COR~’ORATIOrJ (“Concentrate”),

ALBA

MARKETING 

CORPOI~ATI0N (“A1b~ N~irk~~irtg”) and ROBERT K. AJ~UNCALE

II (“Arun~le”)

by their

atthr:~ey, Joh:. Ccsselin,

su~~t th’~

following

Stipulation

of Facts

and Proposed Settlement

to the

Pollution

Control

Board pursuant

to 35 Ill.

Adm. Code 103.180.

The parties agree that the interest

of the public and the parties

hereto

will

bc’st he served

b~ resolution

of the prc’cecdin’j

without further litigation

under the terms and conditions provided

herein

and they offer

this

Statement

of Facts

and Proposal

for Settlement in lieu of

a

full evideritiary hearing.

88-293

STATEMENT OF FACTS

At a1

times pertinent

hereto,

Concentrate

was

a corporation organized 

and existing under the laws of Illinois.

2.

At

all times pertinent hereto, Concentrate operated

a business for the 

processing and sale of waste vegetable oils

at. 611 

Sc.~th SpR~ldi~g St~~t

Spr i:~g Vul le~

Bure~i Cour~y

Illinois

(“Concentrate facility”~.

3.

At all times pertinent

hereto,

Respondent Arundale

was the president of Concentrate and active 

in and responsible

for

the operation of the Concentrate facility.

At all times pertinent heretu, Alba  r~etir~j

crp~r~.~

end exist~r~g undcr the le

1111 ne s

all

times

pertinent

hereto,

Alba Mar ket

opereted a business at.  SOS Clearweter Dr ~vc, North Aur ~x

Karrc

Coun4.~y

Iii mci

6.

Consequent to its business,

Alba Marketing contracted

to haul and dispose of wastes.

7.  At all timcs pertinent, hereto, Respondent 

Ar’~:~ir

was president of Alba Marketing and

was active in and responsible

for its operations.

8.  On July 5, 1983, Alba Marketing entered into

a lease, as lessee, of certain premises located at One West

River Road, Lemont, Cook County, Illinois (“River Road site”).

-2-

88—294

On July

(3~

~ 1983, Concentrate and, Alba Marketing,

by and through their mutual president, Robert K. Arundale II,

entered into an agreement for Alba Marketing to transport and

dispose of 40,000 pounds of vegetable oil wastes generated

at the Concentrate facility.

10. On Jul.y 12, 1983,, Metropolitan District investiga-

tars observed employees of Al~a Marketing discharging the afore-

mentioned vegetable oil wastes into the Lemont Sewer System

at the River Road site leased by Alba Marketing.

ii.  By discharging the wastes 

into the Lemont Sewer

Systen, Concentrate,

Alba Marketina, and Robert K. Ar,nd~le

II disposed of waste at a site that did not. meet the requirer~ents

of the IllinoLs Environmental Protection Act (‘Act”), Ill.

Rev. Stat., Ch. 111—1/2, et seq. in violation of Section 21

(e) of the Act (Count I

Amended Complaint).

12. The vegetable oil wastes were wastes as defined

in Section 21(e) of the Act.

13.  The vegetable oil wastes were generated at the

Concentrate facility in Illinois.

14.  On July 12, 1983 the Agency contends that Alba

Marketing did not have a valid special waste hauling permit

issued by the Agency but Alba Marketing denies that it needed

such a waste hauling permit.

15. On July 12, 1983, the Agency contends that Concen-

trate and Arundale delivered special wastes generated in Illinois

to a hauler (Alba Marketing) who did not have a special waste

—3—

88—295

hauling permit in violation of 35 Ill. Adm. Code 809.301 and

SectIon 21(d) of the Act (Count II 

—

Amended Complaint), but

Alba Marketing denies that it required such a special waste

hauling permit.

16

Pursuant to court order in civil case nu~ber

OH 2/,, Bureau County, I11i~iois, Concentrate has ceased doing

business.

17.  Pursuant to court. order in criminal case number

83 C 10047, Cook County, Illinois, Concentrate and Aruridale

paid 513,0CC to the Metropalitan Sanitary District in restituticu

fo~ da::u~.

c~~d to the Lcr~tt Sewer System by the 

aforeiu’nt

io~~ed

d~scharue cf wn~t~:c’~ 

~Tu~y

12, 1983.

18.  The 

cost

of disposing of 40,000 pounds 

of waste

vegetable

oil

at a local

landfill

is approximately

7 centu

per pound or $2,RCC.CC.

19.

By disposing

of the wastes

in a sewer rather

than a landfill, Respondents had economic savings of $2,800.00.

TERMS OF SETTLEMENT

The parties agree that this proposed settlement is

expressly conditioned upon and effective only with the approval.

thereof in all respects by the Board. The parties also agree

that they shall not be bound by the terms and conditions hereof

and this Statement of Facts and Proposal for Settlement shall

be void and of no effect in the event the Board fails to approve

the following terms in all respects:

-4-

88—296

A.  Respondents admit to have violated Section 21(e)

of the Environmental Protection Act, Ili.Rev.Stat. 

Ch. 111-1/2,

par. 1021(e).

B.  The Agency contends and Respondents neither admit’

nor deny that 

Res~:ondent~

have violated Section 21(d) of the

Environmental Protection Act, fll.Rev.Stat. 

ch. 111-1/2, par.

1021(d), 35 Ill. 

Acm.

Code 809.301, and 35 Ill. Ad~ Code 809.501

as set out in Counts II and III of Complainant’s First Amended

Complaint.

C.  Respondents shal 1 pay a civil penal t.y of $3 ,000 .00.

ihe pctrties asrc 

that

a pearl ty in this care is neccu~

to pronot 

enforcer’ ‘nt. of the Act due to th~ severe harm caused

by the violations. Payment of restitution by the .Respondents

and the fact that Respondent. Concentrate has ceased doing business

were considered in determining the penalty. The standard for

the penalty was economic savings.

The penalty shall be paid at the rate of $300.00

per month, with the first payntent to commence 30 days after’

the date of the Order of the Board accepting this Stipulation.

Payments shall be made by certified check or money order payable

to the Environmental Protection Trust Fund and delivered to:

ILLINOIS 

ENVIH0N~ENTAL

PROTECTION AGENCY

Fiscal Services Division

2200 Churchill Road

Springfield, Illinois 62706

—5—

38—297

ALBA M~~’TIN0,CORP~Rf1’ION

1~-

By:__

_____

Dated:~C~’~

‘~‘

~ii~

~\i~ ~

F~OR~TK. ARUNDALE II

Datad:~~k    

_______

-6-

88—298