ILLINOIS POLLUTION CONTROL BOARD
June 2, 1988
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
v.
)
PCB 86—184
NATIONAL ELECTROPLATING, LTD.,
)
an Arizona Corporation, ALLEN G.
)
SKJOLDAGER, individually and
)
d/b/a National Electroplating, Ltd.,
)
Respondents.
MS. DIANE ROSENFELD LOPATA, ASSISTANT ATTORNEY GENERAL, AND MR.
DONALD GIMBEL, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ATTORNEY,
APPEARED ON BEHALF OF COMPLAINANT.
MR. ALLEN G. SKJOLDAGER APPEARED ON BEHALF OF RESPONDENT.
OPINION AND ORDER OF THE BOARD (by R. C. Flemal):
This matter comes before the Board upon a three—count
complaint filed October 22, 1986 by the Illinois Attorney
General’s Office on behalf of the Illinois Environmental
Protection Agency. Hearing was held April 29, 1988, at which
time a Stipulation and Proposal for Settlement (“Stipulation”)
submitted and read into the record. The Stipulation addresses
the facts and proposed terms of settlement in this matter.
The Board has considered all the facts, circumstances, and
the proposed settlement in light of the criteria set forth at
Ill. Rev. Stat. ch. l111/2par. 1033(c) and finds the Stipulation
acceptable under 35 Ill. Adm. Code 103.180.
Accordingly,
the
Board will accept the Stipulation and order that its terms be
carried out.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
The Board hereby accepts the Stipulation and Proposal for
Settlement, a copy of which is attached and incorporated by
reference as if set forth in full and directs that its terms be
carried out.
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—2—
IT IS SO ORDERED.
Board Member J. Theodore Meyer dissented.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the ~2#~d day of
______________,
1988, by a vote
of
_________.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
90—12
LV
Th~
STATE OF ILLINOIS
)
MAY —4 I98t~
H
COUNTY OF KANE
)
~~TATEO~iLLINOIS
!oauTIo?~
CONTROL BOARD
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
Complainant,
—Vs—
)
PCB 86—184
NATIONAL ELECTROPLATING, LTD., an
)
Arizona Corporation, ALLEN G. SKJOLDAGER,
)
Individually and d/b/a National
)
Electroplating, Ltd.,
)
Respondents.
STIPULATION AND PROPOSAL POR SETTLEMENT
NOW COMES Complaint, Illinois Environmental Protection
Agency (“the Agency”), by and through its Attorney Neil F. Harti-
gan, Attorney General of the State of
Illinois,
and Respondent,
NATIONAL ELECTROPLATING, and ALLEN J. SKJOLDAGER, by and through
its Attorney Allen J. Skjoldager and do hereby submit this
Stipulation and Proposal for Settlement. This stipulation and
proposal for settlement is submitted pursuant to Section 103.180
of the Illinois Pollution Control Board Rules and Regulations,
subtitle A: General Provisions, 35 Ill. Adrn. Code 103.180. The
parties agree that the following statement of facts and proposal
for settlement is stipulated and agreed to for the purposes of
settlement only and shall be null and void and of no effect in
the event that the Board fails to accept each and every term and
condition set forth.
The parties further agree that the interest of the pub-
lic and the parties hereto will best be served by the resolution
9O~1~
—
of this proceeding without further litigation under the terms and
conditions provided herein, and they offer the stipulation and
proposal for settlement in lieu of an evidentiary hearing.
I.
JURISDICTION
The
Board has jurisdiction
of the subject matter herein
and of the parties consenting hereto pursuant to the Illinois
Environmental Protection Act, Ill.Rev.Stat. (1985) ch. 111 1/2,
par. 1001 et ~
II.
AUTHORIZATION
The undersigned representatives for each party certify
that they are fully authorized by the party whom they represent
to enter into the terms and conditions of this Stipulation and
Prol •3al for Settlement and to legally bind them to it.
III.
STATEMENT OF FACTS
For the purposes of settlement only, the parties hereby
stipulate and agree to the following:
1. Respondent National Electroplating, Ltd. (“Nation-
al”) is an Arizona corporation licensed to do business in Il-
linois that has engaged in the business of electroplating metals
in the State of Illinois.
90—14
—2—
2. Respondent Allen G. Skjoldager (“Skjoldager”) was
at all time relevant hereto the president and principal
shareholder of National and directly controlled all of National’s
operations and activities.
3. On or about October 6, 1985, National and
Skjoldager entered into a lease for the rental of a building or
buildings located at 951 South Raymond Street and/or 363 Bluff
City Boulevard, Elgin, Illinois (the “Site”).
4. On or about October 6, 1985, National and Skjol—
dager transported various plating solutions, chemicals and
equipment used or generated in National’s plating operations.
The solutions, chemicals and equipment were moved from National’s
prior operating location into the warehouse building or buildings
on the Site. The materials transported to the site include but
are not limited to those shown on the inventory list and ware-
house diagram which are attached hereto as Exhibit A.
5. Some of the materials transported on to the site
were wastewater treatment sludges or spent cyanide plating bath
solutions from National’s electroplating operations.
6. Agency inspection of National’s plating solutions,
chemicals and other materials at the Site showed that some of
them were hazardous wastewater treatment sludges and hazardous
spent cyanide plating bath solutions from electroplating
solutions.
90—15
—3—
7. National and Skjoldager have never obtained any
Agency permits for transportation of the hazardous solutions or
chemicals.
8. National and Skjoldager have transported hazardous
waste without necessary permits in violation of Section 21(g) of
the Act, Ill.Rev.Stat. ch. ill 1/2, par. 1021(g) (1985).
9. National and Skjoldager have never obtained any
Agency permits for their transportation of solutions and
chemicals to the Site or for their storage, abandonment or dis-
posal of the solutions and chemicals at the Site.
10. National and Skjoldager have transported to the
site and stored, abandoned
or disposed of the solutions and
chemicals at the site without obtaining
any Agency permits.
11. Respondent has to date, cleaned up and removed the
wastes from the premises and has expended approximately
$17,152.85 in so doing.
12. Respondent Skjoldager pleaded guilty to the
offense of unauthorized use of hazardous waste, Chapter lii 1/2,
§44D(1) (d) and removed all the hazardous waste from the premises
pursuant to court order of the Kane County Circuit Court in the
cause captioned People of the State of Illinois v. Allen
Skjoldager, No. 86 CF 706.
13. National Electroplating, Ltd. has declared bank-
ruptcy in the United States Bankruptcy Court for the Northern
District of Illinois, Eastern Division in Case No. 86 B 03185.
—4—
90—16
PENALTY
Now therefore, the Agency agrees to settle and compro-
mise the controversy pending between National Electroplating, and
Allen Skjoldager in consideration for payment as specified in
Paragraph (a) or (b) below:
(a) Payment can be made in full amount of $3,000
within 30 days of this Order, or;
(b) Payment may be made in quarterly installments over
a two year period in the amount of $437.50 per
payment, total payment in the amount of $3,500.00.
Payment shall commence within 30 days of entry of
this Order.
In either event, payment shall be made by check payable
to the “Environmental Protection Trust Fund:”
The Agency does not, however, in any manner represent,
waive or relinquish
any
claim or claims
it now has or hereafter
may have
against any other persons, firms or corporations other
than in connection with
the aforesaid allegations set forth 4~—.
above, nor does it waive or release any rights, or
claims or claims it now has or may have against National Elec-
troplating, Ltd. with regard to any actions, conditions or situa-
tions that may now exist or hereafter come into being at National
Electroplating apart from the alleged acts and omissions set
forth in the paragraphs above.
—
5
—
90-17
IN WITNESS THEREOF:
I~TNOIS ENVIRONMENTAL
PROTECTION AGENCY
dlstob
NATIONAL ELECTROPLATING
,
LTD.
(~~:1:~~
-~ 1/-
ALLEN G. SKJ,ØLDAGER
—
6
—
90—18