BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE
STATE OF ILLINOIS,
Complainant,
-vs-
INSPIRATION DEVELOPMENT
COMPANY, a Delaware
corporation,
Respondent .
TO : Mr . Ross
Kinney
734 Clinton Street
Waukesha, Wisconsin 53186
Date : April 7, 2000
NOTICE OF FILING
PCB 97-207
(Enforcement)
Mr . John Knittle
Hearing Officer
Pollution Control Board
100 W . Randolph St .
Chicago, Illinois 60601
PLEASE TAKE NOTICE that we have today filed with the
Illinois Pollution Control Board an Motion to Request Relief from
Hearing Requirement and Stipulation and Proposal for Settlement,
copies of which are attached and herewith served upon you
.
Respectfully submitted,
JAMES E . RYAN
Attorney General
State of Illinois
BY :
MIKE MA KOFF
Assistant Attorney
ral
Environmental Bureau
188 W . Randolph St
. -
Chicago, IL 60601
(312) 814-2381
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVEDCI
.FRK'4 OFFICF
APR 0 7 2000
STATE OF ILLINOIS
Pollution Control Board
20th Fl .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF
THE STATE OF ILLINOIS,
)
Complainant,
-vs-
PCB 97-207
(Enforcement)
INSPIRATION DEVELOPMENT
COMPANY, a Delaware
corporation,
Respondent .
MOTION TO REQUEST RELIEF
FROM HEARING REOUIREMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by JAMES E . RYAN, Attorney General of the State
RECEIVED
CT FRK'$ OFFICE
APR 0 7 2000
STATE OF ILLINOIS
Pollution Control
Board
of Illinois, and
requests relief from the hearing requirement in the above
captioned matter
. In support thereof, the Complainant states as
follows :
1 .
On April 7, 2000, a Stipulation and Proposal for
Settlement in this case was filed before the Board .
2 .
Section 31 of the Environmental Protection Act, 415
ILCS 5/31
(1998)("Act") provides, in pertinent part, as follows :
Notwithstanding the provisions of subdivision (1) of
this subsection (c), whenever a complaint has been
State
filed
of
on
Illinois,
behalf of
the
the
parties
Agency or
may
by
file
the
with
People
the
of
Boardthe
a stipulation and proposal for settlement accompanied
by a request for relief for the requirement of a
hearing pursuant to subdivision (1) .
Unless the Board,
in its discretion, concludes that a hearing will be
held, the Board shall cause notice of the stipulation,
proposal and request for relief to be published and
sent in the same manner as is required for hearing
pursuant to subdivision (1) of this subsection
. The
notice shall include a statement that any person may
file a written demand for hearing within 21 days after
receiving the notice
. If any person files a timely
written demand for hearing, the Board shall deny the
request for relief from a hearing and shall hold a
hearing in accordance with the provisions of
subdivision (1) .
415 ILCS 5/31(c)(2)(1998) .
3 .
No hearing is currently scheduled in the instant case .
4 .
The Complainant requests the relief conferred by
Section 31(c)(2) of the Act .
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by JAMES E
. RYAN, Attorney General of the State of Illinois,
requests relief from requirement of a hearing pursuant to 415
ILCS 5/31(c)(2)(1998) .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
JAMES E . RYAN,
Attorney General of the
State of Illinois
BY :
MIKE MACKOFF
Assistant Attorney Gen 1
Environmental Bureau
100 W . Randolph St . -
11th Fl .
Chicago,
(312) 814-2381Illinois
60601
BEFORE THE ILLINOIS
PEOPLE OF THE
STATE OF ILLINOIS,
Complainant,
_Vs_
INSPIRATION
DEVELOPMENT
COMPANY, a Delaware
corporation,
Respondent
.
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by JAMES E
. RYAN,
Attorney General of the State of Illinois, at the request of the
Illinois Environmental Protection Agency (collectively, the "State"),
and Respondent, INSPIRATION DEVELOPMENT COMPANY, a Delaware
corporation, ("Inspiration"), the present owner of the site,
("Respondent") do hereby agree to this stipulation and Proposal for
Settlement ("Agreement")
. The parties further stipulate that this
statement of alleged facts is made and agreed upon for purposes of
settlement only and that neither the fact that a party has entered
into this Agreement, nor any of the alleged facts stipulated herein,
shall be introduced into evidence in this or any other proceeding
except to enforce the terms of this Agreement
. Notwithstanding the
previous sentence, this Agreement and any Illinois Pollution Control
Board ("Board") order entered hereinafter in this proceeding that
accepts this Agreement, may be used in any future enforcement action
by Complainant in the same way and for the same purpose as if it were
POLLUTION CONTROL BOARD
REce
CtFr~~,S
i
OFFrr,E
Ve D
APP 0 7 2000
STATE OF ILLINOIS
Pollution Control Boord
PCB 97-207
(Enforcement)
1
evidence of a past adjudication of the Illinois Environmental
Protection Act ("Act"), 415 ILCS 5/1 et
seq . (1996), for purposes of
Section 42(h) of the Act, 415 ILCS 5/42(h)(1996)
. This Agreement
shall be null and void unless the Board approves and disposes of this
matter on each and every one of the terms and conditions of the
settlement which are expressly set forth herein
.
I .
JURISDICTION
The Board has jurisdiction of the subject matter herein and
of the parties consenting hereto pursuant to the Act, 415 ILCS
5/1 et seq . (1996) .
II .
AUTHORIZATION
The undersigned representative for each party certifies that
he or she is fully authorized by the party or parties whom he or
she represents to enter into the terms of this Agreement and to
legally bind them to it .
III .
APPLICABILITY
This Agreement shall apply to and be binding upon the
Complainant and Respondent, and any officer, agent and employee
or servant of Respondent, as well as Respondent's successors and
assigns
. Respondent shall not raise as a defense to any
enforcement action taken pursuant to this Agreement the failure
2
of
its officers, agents,
servants or employees to take such
action as shall be required to comply with the provisions of this
Agreement .
IV .
STATEMENT OF FACTS
A .
Parties
1 .
The Attorney General of the State of Illinois brings
this action on his own motion and at the request of the Illinois
Environmental Protection Agency ("Illinois EPA"), and pursuant to
the statutory authority vested in him under Section 31 of the
Act, 415 ILCS 5/31 (1996)
.
2
. The Illinois EPA is an administrative agency in the
executive branch of the State government of Illinois, created
pursuant to Section 4 of the Act, 415 ILCS 5/4 (1996), and is
charged, inter alia, with the duty of enforcing the Act
.
3 .
Respondent, Inspiration Development Company, at all
times pertinent hereto, has been a Delaware Corporation doing
business in the State of Illinois
.
B
Facility
1 .
The Graham Mine site, at one time, consisted of
approximately fifty-seven (57) acres located near Galena,
Jo
Daviess County, Illinois
.
2 .
The facility relevant to this action is a forty-eight
(48) acre parcel of the Graham Mine site, purchased by
3
Inspiration from Eagle-Picher in 1981 and presently owned
by
Inspiration ("Site" or "facility") .
3 .
The Site contains, among other things,
piles of mine
tailings which have
been graded and vegetated according to a
reclamation plan approved by the Illinois EPA ("reclamation
plan"
attached hereto and incorporated
by
reference
herein as Exhibit
A) .
4 .
Respondent has completed reclamation of the site
according to the reclamation plan and this completion
has been
approved by the
Illinois EPA .
5 .
There is some residential property adjacent to the
Site .
C .
Alleqed Violations
1 .
In its Complaint, Complainant alleges that Respondent
allowed the mine tailings, generated by Eagle-Picher prior to 1981, to
remain at the Site, that the mine tailings are waste as defined by
Section 3 .53 of the Act, 415 ILCS 5/3 .53 (1996), and that from 1981 to
the date of completion of the reclamation plan, Respondent was
required to have an operating and a development permit for the site .
In addition, in the Complaint currently before the Board, Complainant
alleges that windborne particles from the tailing piles caused air
pollution . The Complaint specifically alleges the following
violations of the Act with regard to the mine tailings piles :
4
Count I :
Conducting a waste storage or disposal
operation without
a permit in violation of Section 21
of the Act, 415 ILCS 5/21 (1996) .
Count II : Conducting a waste
disposal operation without
a development permit in violation of 415
ILCS 5/21(d) (1)
and (2)
(1996), and 35 Ill . Adm . Code 807 .201 .
Count III
: Conducting a waste disposal operation
without an operating permit in violation of 415 ILCS
5/21(d)(1) and (2) (1996), and 35 Ill
. Adm . Code 807 .202(a) .
Count IV
: Causing or allowing air pollution in
violation of Section 9(a) of the Act, 415 ILCS
5/9(a)(1996), and 35 Ill
. Adm . Code 201 .141 .
Count V : A cost recovery count pursuant to Section
22 .2(f) of the Act, 415 ILCS 5/22 .2(f) (1996) .
Respondent denies these alleged violations .
2 . The parties agree that the Respondent's implementation
and completion of the reclamation plan and subsequent maintenance
of the facility to prevent air emissions adequately addresses the
violations alleged in the Complaint .
V .
IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c)(1996), provides as
follows :
In making its orders and determinations, the Board shall
take into consideration all the facts and circumstances
bearing upon the reasonableness of the emissions,
discharges, or deposits involved including, but not limited
to :
1 . the character and degree of injury to, or interference
with the protection of the health, general welfare and
physical property of the people ;
5
2 .
the social and economic value of the pollution source ;
3 .
the suitability or unsuitability of the pollution
source to the area in which it is located, including
the question of priority of location in the area
involved ;
4 .
the technical practicability and economic
reasonableness of reducing or eliminating the
emissions, discharges or deposits resulting from such
pollution source ; and
5 .
any subsequent compliance .
In response to these factors, the parties state the following :
1 .
Although human health and the environment were potentially
threatened by Respondent's alleged unpermitted storage of mine
tailings and air pollution in the State of Illinois, there is no
current evidence of significant impact to the public resulting from
the alleged violations as set forth in paragraph IV
.C ., above .
2 .
The former mining site denoted in this Stipulation as the
"Site" or "facility" is presently of nominal social and economic
benefit .
3 .
The facility is presently suitable for the area in which it
is located .
4 .
Proper storage by Respondent of the aforementioned wastes
was both technically practicable and economically reasonable, as
demonstrated by Respondent's eventual implementation and completion
of the reclamation plan
.
5 .
Respondent has subsequently complied with the Act and the
Board Regulations .
6
VI .
CONSIDERATION OF SECTION 42(h) FACTORS
As the parties have agreed to resolve this matter according
to the cost recovery relief requested in Count V, the
consideration of civil penalty aggravators and mitigators is not
appropriate for this Stipulation and Proposal for Settlement .
VII .
TERMS OF SETTLEMENT
1 .
The Respondent shall reimburse the State its costs in the
sum of Twenty-Two Thousand, Five Hundred Thirty-One Dollars
($22,531 .00) within thirty (30) days of the date of entry of this
Agreement by the Board
. These costs were incurred by the State for
its oversight, assistance and guidance of the reclamation, regrading,
and revegetation of the Site, including the tailings piles
. These
costs described in this Agreement shall be paid by certified check to
the Treasurer of the State of Illinois, designated to the Illinois
Hazardous Waste Fund and submitted to :
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
The name and number of the case and Respondent's Federal Employer
Identification Number (FEIN), 52-1145429, shall appear on the check
.
2
The contact person for collection of the State's costs shall
be :
7
Mark Kalafut
Vice President
Terra Industries, Inc .
600 Fourth Street
Sioux City, Iowa 51101
3 .
Respondent shall at
all times comply with the Act and
Pollution Control Board regulations promulgated thereunder
.
4 .
As long as it is the legal owner of the site, Respondent
shall maintain the site according to the reclamation plan and in such
a way as to prevent the emission into the air of any contaminants in
sufficient quantities and of such characteristics and duration as to
be injurious to human, plant or animal life, to health or to property
or to unreasonably interfere with the enjoyment of life or property
.
5 .
Respondent shall file this Stipulation with the Recorder for
Jo Daviess County .
6 .
If Respondent transfers the site, it shall notify the
Attorney General's Office and the Illinois EPA of the transfer at
least fourteen (14) days prior to the transfer
. In addition to its
statutory and common law disclosure requirements, including, but not
limited to, those under the Responsible Property Transfer Act of 1988,
765 ILCS 90/1 et
seq. (1998), Respondent shall also notify the
transferee of this Stipulation and shall provide the transferee with a
copy of this Stipulation
. Respondent shall inform any purchaser that
the tailings are considered hazardous substances, and that the
disturbance of the tailing piles may cause the discharge through
stormwater run-off or the emission into the air of contaminants in
8
sufficient quantities and of such characteristics and duration as to
be injurious to human, plant or animal life, to health or to property
or to unreasonably interfere with the enjoyment of life or property
.
VIII .
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Agreement in no way affects the responsibility of the
Respondent in the future to comply with any federal, state or local
regulations, including but not limited to the Act, 415 ILCS 5/1 et
seq
. (1996), and the Board regulations, 35 Ill
. Adm . Code Subtitles A
through H .
IX .
RIGHT OF ENTRY
In addition to any other authority, the Illinois EPA, its
employees and representatives, the Illinois Attorney General, and
his/her agents and representatives, shall have the right of entry
to Respondent's facility at all reasonable times, for the
purposes of conducting inspections
. In conducting any
inspection, the Illinois EPA, its employees and representatives,
the Attorney General, and his/her agents and representatives, may
take any photographs or samples as they deem necessary in order
to conduct their inspection
.
x .
RELEASE FROM LIABILITY
In consideration of Respondent's payment of th
osts
9
specified herein, and
commitment to refrain from future violation of
the
Act, Complainant shall release, waive and
discharge Respondent and
all of
its officers, agents, servants, employees, successors
and
assigns, past
and present from any further liability or penalties for
the alleged violations of the Act which are the subject matter of the
Complaint following receipt by the Complainant of all monies owing to
Complainant pursuant to Section VII
.1 . of this Agreement . Nothing in
this Agreement shall be construed as a waiver by the Attorney General
or the Illinois EPA of the right to redress future violations, if any,
or to obtain penalties with respect thereto
.
10
WHEREFORE, Complainant and Respondent request that the Board
adopt and accept the foregoing Stipulation and Proposal for Settlement
as written .
PEOPLE OF THE STATE OF ILLINOIS,
JAMES E . RYAN,
Attorney General
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY :
ROS
Q2.L (A--Jv DATE :
q
,1
0U
E
U, Chief
Environmental Bureau
Assistant Attorney General
fief
ILLINO ENVIRONMENTAL PROTECTION AGENCY
r .
E .
~~o~v_SVOBODA
fief Legal Counsel
BY :
INSPIRA ION DEVELOPMENT COMP
INSPI
ION DEVE OPMENT CO .
UtoKUL
HI .
VAi.E1rlNC
c :inspirl2 .doc
11
DATE : 2,6/co
DATE : J~
'Li)
Completion Report
Graham Mine Reclamation
for
Inspiration Development
Galena, Illinois
November 8, 1996
Prepared by:
Greg stauder & Co .
Consulting Bnginees
331 Franklin
Galena, Illinois 61036
815-777-1588
~,
S
TA
.
1
I
Status of Reclamation
Graham Mine, Galena, Illinois
Dear Sheila :
Enclosed with this letter form report are four drawings and recent
photographs of the Graham Mine site . You may wish to refer to
these for clarification .
The first 11" x 17" drawing represents the original site
reclamation plan
. The ultimate goal was to vegetate the entire
surface of the remaining tailing pile . In particular, the eastern,
southern, and western sides of the site were largely composed of
mill sands from the ore extraction process . These manmade sands
have a grain size capable of being transported by strong wind and,
before the reclamation began, stood at a very steep slope
.
To
of
allow
the reclamation
vegetation
was
to
to
establish
reduce the
on the
steepness
perimeter,
of the
the
mill
first
sands,step
particularly along the south and west . In anticipation of
reclamation, jig tailing material from the middle of the site had
been sold and removed over a period of years, lowering the center
and gradually forming the topography into a bowl configuration
.
The reclamation contractor was directed to move material from the
tops of the perimeter slopes into the created depression, thereby
reducing the slope gradients to something capable of supporting
vegetation .
Earthwork began in the fall of 1995, work was suspended for the
winter, and was completed in early 1996
. The ground surface was
fertilized, seeded with a mixture of grasses, and mulched to
complete the reclamation effort by early summer, 1996
.
The second and third drawings accompanying this letter show as-
built deviations from the original reclamation plan
. The original
plan intended to preserve as much of the settling pond along the
south side of the site as possible
. The second 11" x 17" plan
slope,
sheet shows
resulting
an area
in a
where
±60' encroachment
the contractor
of the
built
finished
a more
embankmentgradual
onto the settling pond
. Originally, the settling pond was designed
for
considerably
process
oversized
water from
for precipitating
the ore extraction
suspended
process
solids in
and
stormis
water runoff
. Excessive suspended solids have not been an issue
during storm water sampling
. This minor reduction in settling pond
area has had no measurable impact on storm water leaving the site
.
GREG STAUDER & CO.
November 8, 1996
Consulting Engineers
Ms
. Sheila Lang
331 Franklin
Galena, IL 61036
202 S. Main
Witt, IL 61036
6 Mist Flower Place
815-777-1588
800-254-5700
The Woodlands, TX 77381
Need for the other modification became evident after heavy rain in
the spring of 1996 . In regrading the west slope, the contractor
extended the toe of the embankment slope into the adjacent drainage
swale and regraded it with a steeper flow line . As a result, the
cross sectional area of the ditch was reduced, water velocity
reshaped
increased,
embankment
and storm
and
water
the adjoining
began to
farm
erode
propertyboth
the
.
toe of the
The
addition
constructed
third
to
11"
reducing
in July,
x 17"
the
1996,
plan
flow
to
sheet
line
correct
shows
grade
the
the
to
erosion
slow
stabilized
the
problemwater,
ditch
.
theIn
wider ditch is constructed using cohesive topsoil from off-site and
is lined with a biodegrading soil reinforcement mat . To date, this
system seems to have corrected the problem .
The photographs included as attachments were taken within the past
two
colored
weeks
vegetation
and show
in
the
the
overall
photographs
condition
is the
of
nurse
the sitecrop .
of
The
annualtan
plants, oats, annual rye, etc . used for quick cover and protection
of the slower germinating perennial grass varieties . The green
color you see is from the perennial grasses not yet affected by
frost . With very few exceptions, the vegetation has established
well
slopesand
.
seems to be preventing rilling or other erosion in the
A map showing the location and orientation of the photographs is
included as Sheet 4/4 . There are three sets of photos showing the
major areas affected by the project . Sheet 1 of the photos shows
the southern slope vegetation, a view across the interior of the
site, and the former shaft-storage bin area . Sheet 2 illustrates
Einsweiler
the western
farmslopes
. Sheet
along
3 shows
the
the
entrance
ditch projectroad
.
and
Though
facing
they
thedo
not document the entire area, I believe these photo accurately
represent current site conditions .
Of particular note, the photographs of the ditch project also show
the extent of grass cover on the reshaped embankment facing the
Einsweiler residence
. There has been an ongoing concern about wind
borne material from the site reaching this residence
. I believe
the reclamation project has been successful in that regard .
In my opinion, the reclamation is substantially complete
. The site
should be observed periodically to verify the vegetation remains
healthy .
If you have any questions or wish clarification of anything
included in this report, please feel free to call .
Thank you .
erel
Greg Stp der
Greg
Stauder + Go. 1-oe00-2 57000 L
62°a4
Goneulthg Engheere
331 Yrenklm Gdena L 61036
Original Proposed Contours
. Earthwork Quantities
Graham Mine Reclalmatlon, Galena, Illinois
202 s. M*
. Witt IL 62094
1-600-254-5700
331 FraicMa Gdene. t 61036
615-777-156e
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As-Built Conditions based on 10/28/96
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Stabilized Ditch Construction Details
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331 freoU . Gdam. L 65036
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1588
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Development Graham Mine Reclamation
Graham Mine ReclaImation. Galena. Illinois
I
As-Built Photos 1 - 7
Sheet
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Graham Mine Reclamation . Galena, Illinois
Greg Stauder -1 Co .
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Sheet 2/3 I
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.
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--
19
Gr nham Mine Red unnt
.inn
. Galena
. Illinois
CERTIFICATE OF SERVICE
I, MYRON F . MACKOFF, an Assistant Attorney General in this
case, do certify that I caused to be mailed this 7th day of
April, 2000, the foregoing Notice of Filing and Motion to Request
Relief From Hearing Requirement and Stipulation and Proposal for
Settlement upon the persons listed on said Notice by certified
mail in an envelope bearing sufficient postage with the United
States Postal Service located at 100 West Randolph Street,
Chicago, Illinois .
