ILLINOIS POLLUTION CONTROL BOARD
    February 26, 1986
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    Complainant, )
    )
    V.
    )
    PCB 85-132
    )
    GENERAL FIRE EXTINGUISHER
    )
    CORPORATION, a Delaware
    )
    Corporation doing business
    )
    in Illinois,
    )
    )
    Respondent.
    )
    MR. JOSEPH J. ANNUNZIO, ASSISTANT ATTORNEY GENERAL, APPEARED ON
    BEHALF OF THE COMPLAINANT.
    KATZ, FRIEDMAN, SCHUR
    & EAGLE (MR. STANLEY EISENSTEIN, OF
    COUNSEL) APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF
    THE BOARD (by W. J. Nega):
    This matter comes before the Board on a single-count
    Complaint filed on August 30, 1985, as amended on September 25,
    1985, by the Illinois Environmental Protection Agency (Agency)
    which alleged that the Respondent failed to: (1) show
    accumulation dates on its 55-gallon drums containing hazardous
    waste; (2) maintain records that show if employees are trained to
    work with hazardous wastes;
    (3) have an emergency contingency
    plan in case of an accident involving hazardous waste; (4) submit
    an emergency contingency plan to local emergency response
    organizations; and (5) seal 55-gallon drums containing hazardous
    waste so as to avoid spillage from the drums in violation of 35
    Ill. Adm. Code 722.l34(a)(2), 725.116, 725.151 and 725.153 and
    Section 21(i) of the Illinois Environmental Protection Act (Act).
    A hearing was held on December 17, 1985, at which no members
    of the public were present. (R. 2). The parties also filed
    their Stipulation and Proposal for Settlement on December 17,
    1985.
    The Respondent, the General Fire Extinguisher Corporation
    (GFEC), is located at 1685 Shermer Road in Northbrook, Cook
    County, Illinois and is a corporation organized and existing
    under the laws of Delaware doing business in the State of
    Illinois. GFEC is in the business of manufacturing fire
    extinguishers which involves mixing various dry chemical powders
    and making the metal canisters that these dry chemical powders go
    into. Before the mixed dry chemicals are placed into the metal
    canisters, the inside of the canisters are thoroughly cleaned.

    -2-
    Various solvents are used to rid the inside of the canisters of
    contaminated grease or oil. Pertinently, 1,l,l-Trichloroethane,
    a hazardous waste as defined by Section 3 of the Act, is
    sometimes used as a chemical solvent to degrease the canisters.
    After the cleaning process is completed, these chemicals become
    waste which must be properly disposed of. (Stip. 2).
    The hazardous nature of the solvent that the Respondent
    sometimes utilizes (i.e., 1,1,l—Trichloroethane) is delineated in
    35 Ill. Adm. Code 721.131 which reads, in pertinent part, as
    follows:
    SECTION 721.131 Hazardous Wastes From
    Nonspecific Sources
    Industry & EPA Hazardous Waste
    Hazard Code
    Hazardous Waste
    Number
    F002
    l,l,l-Trichloroethane
    (T)
    The Federal
    Resource Conservation and Recovery Act (RCRA)
    mandates an inspection of all facilities which generate, store,
    or dispose of hazardous waste. The Agency, which is duly
    authorized to make such inspections, administers the enforcement
    functions vis-a-vis RCRA and concomitant state standards in
    Illinois. Accordingly, on March 25, 1984, June 14, 1984, and
    February 8, 1985, Agency investigators visited the Respondent’s
    facilities to conduct site inspections as mandated by RCRA
    provisions. At the inspections on March 25, 1984
    and June 14,
    1984, the Agency investigator observed that: (1) the drums
    containing hazardous waste found at the site did not have
    accumulation dates placed on them; (2) the drums containing
    hazardous wastes had open bunges and spillage could be observed
    in the container accumulation area;
    (3) the company had no
    contingency plan formulated in case of an accident involving
    hazardous waste; and (4) there were no
    records that showed if the
    Respondent’s employees were trained in working with hazardous
    waste. (Stip.
    2-3). Moreover, the Agency inspection on February
    8, 1985, showed that there were still
    no records to show if
    GFEC’s employees were trained in working with hazardous waste and
    a contingency plan for hazardous waste accidents was not yet
    formed. Additionally, the February 8, 1985, investigation
    revealed that a drum containing hazardous waste found at the site
    failed to have the requisite accumulation dates on it. (Stip.
    3)
    In reference to these observed violations, 35 Iii. Adm. Code
    722.134 (Standards Applicable to Generators of Hazardous Waste)
    provides, in relevant part, as follows:
    a) A generator may accumulate hazardous
    waste on site for 90 days or less without
    a permit or without having interim status
    provided that:

    —3—
    1) The waste is placed in containers
    and the generator complies with
    Subpart I of 35 Ill. Adm Code
    725....
    2) The date upon which each period of
    accumulation begins is clearly
    marked and visible for inspections
    on each container;
    3) While being accumulated on-site,
    each container and tank is labeled
    or marked clearly with the words,
    “Hazardous Waste”; and
    4)
    The generator complies with the
    requirements for owners and
    operators in Subpart C and D in 35
    Ill. Adm. Code 725 and with 35 Ill.
    Adm. Code 725.116.
    Moreover, Section 21(i) of the Act provides, in pertinent
    part, that:
    No person shall:
    i.
    Conduct any process or engage in any
    act which produces hazardous waste
    in violation of any regulations
    or
    standards adopted by the Board under
    subsections
    (a) and (c) of Section
    22.4 of this Act.
    The parties have stipulated that: (1) the Respondent’s
    failure to show accumulation dates on its 55-gallon drums
    containing hazardous waste is a violation
    of the Interim Status
    Standards for Owners and Operators of Hazardous Waste Treatment,
    Storage, and
    Disposal Facilities (Interim Status Standard) of 35
    Ill. Adm. Code 722.134(a)(2) and Section 21(i) of the Act; (2)
    the Respondent’s failure to seal its 55-gallon drums that contain
    hazardous waste so as to avoid spillage from the drums is in
    violation of the Interim Status Standard of 35 Ill. Adm. Code
    725.273 and Section 21(i) of the Act; (3) the Respondent’s
    failure to maintain records that show if employees are trained to
    work with hazardous waste is a violation of the Interim Status
    Standard of 35 Ill. Adm. Code 725.116 and of Section 21(i) of the
    Act; (4) the Respondent’s failure to have an emergency
    contingency plan is a violation of the Interim Status Standard of
    35 Iii. Adm. Code 725.151 and Section 21(i) of the Act; and (5)
    the Respondent’s failure to submit an emergency contingency plan
    to local emergency response organizations is a violation of the
    Interim Status Standard of 35 Ill. Adm. Code 725.153 and Section
    21(1) of the Act. (Stip. 3-4).

    —4—
    The Agency has emphasized that, at all pertinent times, the
    Respondent was “very close” to being a very small generator of
    hazardous waste as defined in 35 Ill. Adm. Code 721.105(a) which
    reads as follows:
    Section 721.105 Special Requirements for
    Hazardous Waste Generated by
    Small Quantity Generators
    a) A generator is
    a small quantity generator
    in a calendar month
    if he generates less
    than 1000 kilogams of hazardous waste in
    that month.
    35 Ill. Adm. Code 700
    explains the relation of this to the 100
    kg/mo exception of 35 Ill. Adm. Code 809.
    Although the specific quantity of hazardous waste generated
    by the Respondent was not stated either in the stipulation
    itself
    or
    in the hearing record, it was implied in the hearing record
    (R. 4-5) by both parties’ respresentatives that the amount of
    hazardous waste generated was, at the present time, below the 100
    kilogram (220 pound) per month exception delineated in 35 Ill.
    Adm. Code 809.210 which reads as follows:
    Section 809.210
    General Exemption from
    Special Hauling Permit
    Requirements
    Any person who generates a total quantity of
    special waste 220 pounds (100
    kilograms) or
    less in any calendar month for disposal,
    storage or treatment within Illinois is exempt
    from the permit requirements of this Subpart
    and from the manifest provisions in Subpart E
    of this Part. This exemption shall not
    constitute a defense to a violation of any
    provision of the Act or any applicable
    disposal, storage or treatment requirement of
    35 Ill. Adm. Code 807.
    While the usage of the term “very close” is somewhat
    ambiguous in that it does not specifically indicate whether the
    amount of hazardous waste generated was under 100 kilograms per
    month or over 100 kilograms per month, the fact that the
    Respondent entered into the proposed settlement agreement and
    stipulated as to violations of applicable provisions and agreed
    to pay a penalty of $5,500.00 indicates that the amount of
    hazardous waste generated was over the applicable limit. (Stip.
    4; R. 4-5). Moreover, it is agreed that the instant case deals
    with past violations of applicable regulations
    and it is believed
    that the regulations
    no longer apply to GFEC as long as
    it
    infrequently uses 1,l,1-Trichloroethane and as long as it
    continues to be a small user of this product. (R. 4-6).

    —5—
    The proposed settlement agreement provided that the
    Respondent admitted the aforementioned violations and agreed
    to: (1) cease and desist from further violations; (2) authorize
    the Agency to inspect the Respondent’s premises at any reasonable
    time; and (3) pay a stipulated penalty of $5,500.00 into the
    Environmental Protection Trust Fund within 30 days of the date of
    the Board’s Order. (Stip. 4-6).
    In evaluating this enforcement action and proposed
    settlement agreement, the Board has taken into consideration all
    the facts and circumstances in light of the specific criteria
    delineated in Section 33(c) of the Act and finds the settlement
    agreement acceptable under 35 Ill. Adm. Code 103.180. The
    Respondent’s facility is suitable to the area in which it is
    located provided that hazardous waste is appropriately handled.
    GFEC’s facility, which employs about 10 individuals and provides
    a needed service, clearly has a social and economic value when
    properly operated and when hazardous waste is properly stored.
    Additionally,
    it was technically practicable and
    economically
    reasonable to have complied with the relevant Interim Status
    Standards in the handling of hazardous waste.
    Appropriate
    handling and storage of hazardous waste is manifestly necessary
    to protect the health, general welfare, and physical property of
    people and can be readily accomplished by compliance with
    applicable
    standards.
    On December 20, 1984 in R84-10, the Board adopted
    specialized
    procedures to be followed in RCRA cases.
    Although
    this is a RCRA enforcement action, the Board does not need to
    follow the specialized
    procedures of Section 103.260 et seq. in
    that there is no necessity to order the issuance or modification
    of a RCRA permit.
    The Board finds that the Respondent, the General Fire
    Extinguisher Corporation, has violated 35 Ill. Adm. Code
    722.134(a)(2), 725.116, 725.151, and 725.153 and Section 21(i) of
    the Act. The Respondent will be ordered to cease and desist from
    further violations and to pay a stipulated penalty of $5,500.00
    into the Environmental Protection Trust Fund.
    This Opinion 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. As admitted in the Stipulation, the Respondent, the
    General Fire Extinguisher Corporation, has violated 35
    Ill. Adm. Code 722.134(a)(2), 725.116, 725.151, and
    725.153 and Section 21(i) of the Illinois Environmental
    Protection Act.

    —6—
    2. The Respondent shall cease and desist from all further
    violations.
    3. As per the stipulated agreement between the parties, the
    Agency is authorized to inspect the Respondent’s
    premises, at any reasonable time to insure appropriate
    compliance with applicable regulations
    and the Act.
    4.
    Within 30 days of the date of this Order, the 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 stipulated
    penalty of $5,500.00 which is to be sent to:
    Fiscal Services Division
    Illinois
    Environmental Protection Agency
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    5.
    The Respondent shall comply with all the terms and
    conditions of the Stipulation
    and Proposal for
    Settlement filed on December 17, 1985, which is
    incorporated by reference as if fully set forth herein.
    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
    ~
    ,
    1986, by a
    vote of
    7—c) .
    Dorothy M. Gunn, Clerk
    Illinois
    Pollution Control Board

    Back to top