ILLINOIS POLLUTION CONTROL BOARD

February 19, 1987

ILLINOIS ENVIRONMENTAL       

)

PROTECTION AGENCY,         

)

Complainant,

V.

)

PCB 86—166

AMERICAN STAIR CORPORATION, INC.,

Respondent.

MS. DIANE LOPATA, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF

OF COMPLAINANT.

MR. LOUIS DINEFF, ATTORNEY AT LAW, APPEARED ON BEHALF OF

RESPONDENT.

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

This matter comes before the Board upon a four—count

complaint filed on October 6, 1986 by the Illinois Environmental

Protection Agency (Agency) against American Stair Corporation,

Inc. (American).

The Agency alleges in Count I of its complaint that from May

17, 1982 to May 14, 1985 American failed to test its solid wastes

to determine if the waste was a hazardous waste, thereby

violating Section 21(i) of the Environmental Protection Act (Act)

and 35 Ill. Adm. Code 722.111. The Agency alleges in Count II of

its complaint that American failed to develop an employee

training plan to ensure that the employee’s duties, as they

relate to hazardous waste, are conducted properly, thereby

violating Section 21(i) of the Act. The Agency alleges in Count

III of its complaint that American’s contingency plan was

deficient, thereby violating Section 21(1) of the Act. Lastly,

the Agency alleges in Count IV of its complaint that American

failed to manifest its waste shipments between March 31, 1979 and

April 23, 1985, thereby violating Section 21(j) of the Act.

Hearings were held on December 22, 1986 and January 9,

1987. At the January 9 hearing, the parties presented a Proposal

for Settlement for consideration by the Board.

American is a Delaware corporation authorized to do business

in Illinois and operates a business located at 8600 South Archer

Ave., Willow Springs which manufactures metal stairs. Paint

utilized in this process generates solid waste.

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—2—

The proposed settlement agreement provides that American

contests the allegations in Count I of the complaint, namely,

American failed to test its solid waste to determine if the waste

was a hazardous waste, thereby violating Section 21(i) of the Act

and Section 722.111, that American does not admit liability

regarding Count I, that American promises, covenants and agrees

not to engage in any activity in violation of Section 21(i) of

the Act and Section 722.111 and that American agrees to pay the

amount of $1,000.00 to the Environmental Protection Trust Fund.

The Board notes that the settlement agreement explicitly

settles the allegations in Count I of the complaint and, by

agreeing not to engage in any activity in violation of Section

21(i) of the Act, implicity resolves Counts II and III which

alleged violations of Section 21(i) of the Act. However, nothing

has been offered by either party as to Count IV of the complaint

which alleged violations of Section 21(j) of the Act. The Board

concludes that Count Iv of the complaint has not been resolved

and that no evidence has been presented by either side concerning

Count IV. The Board intends to dispose of all allegations in the

complaint and, therefore, dismisses Count IV of the complaint

without prejudice.

In evaluating this enforcement action and proposed

settlement agreement, the Board has considered all the facts and

circumstances of the complaint in light of the criteria set forth

in Section 33(c) of the Act and finds the settlement agreement

acceptable under 35 Ill. Adm. Code 103.180. Accordingly, the

Board will order American to cease and desist from further

violations of Section 21(i) of the Act and 35 Ill. Adm. Code

722.111 at its Cook County facility and order American to pay the

stipulated amount of $1,000.00 to the Environmental Protection

Trust Fund.

This Opinion constitutes the Board’s finding of fact and

conclusions of law in this matter.

ORDER

1. The Board hereby orders American Stair Corporation,

Inc. to cease and desist from further violations of

Section 21(i) of the Act and 35 ill. Adm. Code 722.111

at its facility located at 8600 South Archer Ave.,

Willow Springs, Cook County, Illinois.

2.  Within thirty days of the date of this Order, American

Stair Corporation, Inc. shall pay $1,000 (one thousand)

which shall be in the form of a certified check or

money order payable to the State of Illinois and

designated into the Environmental Protection Trust

Fund. Payment shall be sent to:

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—3—

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, IL 62706

3.  American Stair Corporation, Inc. shall comply with all

the terms and conditions of the Settlement Agreement

filed on January 9, 1987 which is incorporated by

reference and attached hereto.

4.  The Board hereby dismisses Count IV of the complaint

without prejudice.

IT IS SO ORDERED.

Board Member Joan Anderson concurs.

Board Member J. Theodore Meyer dissents.

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

Board, hereby certify that the above Op),nion and Order was

adopted on the   

/9~

day of.&~~ 

1987 by a vote

of

Illino       

Control Board

76-51

S~TTLE~TTAGR~IT

This agrteient enter into this 9th clay of January, 1987,

between the

Illinois 

~ivironmental Protection Ag

,(the 

“Agency”),

by its attorney NEU F. HABTIGM~,Attorney General

of the State of

Illinois, and American Stair

Corporation (“~AmericanStair”)

witnesseth:

1.

Whereas the Agency

alleges 

that trom May 17,

1982

May

)J+, 1985,

Aierican 

Staif

generated 

solid waste

as

a result of

it~busines~activity, and failed to 

test

such solid 

waste

to

deternine if that waste was a hazardous waste and,

2. whereas such an omission

as

stated in Paragraph 1, above

would constitute a violation of Section

21(1) of the 

Illinois

Enviromnental

Protection Act, Ill. Rev. Stat. ch 

111

1/2 par. 1021(1)

and

Ill. Adra. Code 722.111; 

and

Whereas Anerican

Stair contest the allegation of 

the Agency

set forth in 

ParagraDh

1 above and 

does

not

admit

liability in regard

thereto, but

proraises, covenants and 

agrees

not to engage in any

activity in violation of Section 21(1)

of

the Illinois Environmental

Protection Act, I11.Rev. Stat.

ch

111

1/2

par..021(i) and

Ui.

Mn.

Code 722.111; and

~

The Agency and American Stair seek to

compromise aixl

settle their controversy regarding

the

allegations set forth in

Paragraph 1

abDve, and in 

furtherance

whereof 

American Stair

a~rec: to Day the sura of ~e Thousand ($1,000. 03) Dollars to the

76-52     

/-~-fI

Environmental Protection Trust Fund,

Now therefore, the Agency

agrees, in consideration ~f payment

of

the $1, 000.00 (C~ieThousand Dollars) to

the

~tvironmenta1 Protection

Trust Fund, to settle and compromise the controversy pending between

American Stair and. the Agency as set forth in Paragraph 1 above.

The

Agency does not however, in any manner or respect, waive or relinquish

any clam or claisis it now has or hereafter may have against any

other persons, firras or corporations other than American Stair in

connection irith the aforesaid allegations set forth in Paragraph

1

above, nor does it waive or release any

rights 

or claim or claims it

now has or slay have against American Stair with regard to any actions

conditions or situations that may now

exist or

hereafter come into

being at American Stair apart ±‘rorathe alleged acts and omissions set

forth in Paragranh 1 above.

In witness thereof:

~‘fice of the Attorney General

American Stair Corporation

of the State of Illinois

C~eAmerican Stair Plaza

Willow S

s, Ill. 6~8o

orne General

Bepresenta

i e

Subscribed and 

sworn to

Subscribed and sworn

to

before rae this 9th day

before

me this 

9th

day

of January, 1987

C~it~

C?~2L~

(?~2~

~otary~’olic

Notary

P~~ic

76-53