ILLINOIS POLLUTION CONTROL BOARD
April 6, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CLEAN HARBORS SERVICES, INC., a
Massachusetts corporation,
Respondent.
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PCB 05-91
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On November 12, 2004, the Office of the Attorney General, on behalf of the People of
the State of Illinois (People), filed a six-count complaint against Clean Harbor Services, Inc.
(Clean Harbor Services).
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The
complaint concerns Clean Harbor Services’ hazardous waste transfer, storage, and disposal
facility at 11800 South Stony Island Avenue, Chicago, Cook County. The parties now seek to
settle. For the reasons below, the Board accepts the parties’ stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (2004)), the
Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the
People to enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2004); 35 Ill. Adm.
Code 103. In this case, the People allege that Clean Harbors Services violated Sections 9(a) and
(b) and 9.1(d) of the Act (415 ILCS 5/9(a) and (b) and 9.1(d) (2004)); 35 Ill. Adm. Code
218.986; and 40 C.F.R. 63.9(b)(1)(i) and (h)(2), 63.685(g)(1)(ii) and (g)(1)(iii), 63.688(b)(3)(i),
63.923(d), 63.693, and 63.697(a)(10). The People further allege that Clean Harbors Services
violated these provisions by (1) failing to adequately capture and control emissions of volatile
organic material (VOM), thereby causing or allowing VOM emissions in excess of 0.1 pound per
hour; (2) failing to comply with applicable emission standards for “other emission units”; (3)
failing to comply with National Emission Standards of Hazardous Air Pollutants (NESHAPs)
applicable to offsite waste and recovery operations, requirements for closed-vent systems and
control devices, tanks, and containers and reporting requirements; (4) failing to comply with
reporting requirements of national emission standards for hazardous air pollutants (NESHAPs);
(5) failing to comply with requirements for tanks of NESHAPs; and (6) failing to comply with
requirements for containers of NESHAPs.
On February 9, 2006, the People and Clean Harbors Services filed a stipulation and
proposed settlement, accompanied by a request for relief from the hearing requirement of Section
31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2004)). This filing is authorized by Section 31(c)(2)
of the Act (415 ILCS 5/31(c)(2) (2004)), which requires that the public have an opportunity to
request a hearing whenever the State and a respondent propose settling an enforcement action
without a public hearing.
See
35 Ill. Adm. Code 103.300(a). The Board provided notice of the
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stipulation, proposed settlement, and request for relief from hearing. The Board published
newspaper notice in the
Chicago Sun-Times
on March 1, 2006. The Board did not receive any
requests for hearing. The Board grants the parties’ request for relief from the hearing
requirement.
See
415 ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
Clean Harbors Services’s operations. Section 103.302 also requires that the parties stipulate to
facts called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2004)), which bears on the
reasonableness of the circumstances surrounding the alleged violations.
Clean Harbors Services neither admits nor denies the alleged violations. The stipulation
also addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may
mitigate or aggravate the civil penalty amount. Clean Harbors Services agrees to pay a civil
penalty of $95,000, which the parties stipulate negates any economic benefit derived from
delayed compliance. The People further assert that the penalty will serve to deter further
violations and aid in future voluntary compliance with the Act and Board regulations. Clean
Harbors Services further agrees to undertake and complete a supplemental environmental project
(SEP) and make improvements to the emissions control system for its flammable storage tank
farm. In the event that Clean Harbor Services expends less than $155,000 for this SEP, it must
submit the difference as a penalty so that the sum expended totals $155,000 in addition to the
$95,000 penalty. The stipulation contains other particulars concerning the SEP.
The People and Clean Harbors Services have satisfied Section 103.302. The Board
accepts the stipulation and proposed settlement. This docket is now closed.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Clean Harbors Services, Inc. must pay a civil penalty of $95,000 no later than
May 8, 2006, which is the first business day after the 30th day after the date of
this order. Clean Harbors Services must pay the civil penalty by certified check,
money order, or electronic funds transfer, payable to the Environmental
Protection Trust Fund. The case number, case name, and Clean Harbors
Services’s federal employer identification number must be included on the
certified check or money order.
3.
Clean Harbors Services must send the certified check, money order, or electronic
funds transfer to the indicated address:
Illinois Environmental Protection Agency
Fiscal Services Division
3
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Clean Harbors Services must send a copy of the certified check, money order, or
record of electronic funds transfer and any transmittal letter to the following
person at the indicated address:
Paula Becker Wheeler, Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago, Illinois 60601
Robb H. Layman, Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
5.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
6.
Clean Harbors Services must by April 6, 2007, which is 365 days after the date of
this order, undertake and complete the following supplemental environmental
project having an approximate value of $155,000:
a.
Removal of flame arrestors and conservation vents on each individual
tanks;
b.
Addition of flame arrestors and conservation vents at knock-out tanks;
c.
Addition of level sensors at knock-out tanks;
d.
Addition of rupture disks at emergency vents on individual tanks; and
e.
Conversion of two existing stacks to one fifty-foot stack.
7.
Clean Harbors Services must apply for and obtain all necessary permits to
undertake and complete the supplemental environmental project.
8.
Clean Harbors Services must file a completion report, which includes the costs
incurred for the improvements, to Robb H. Layman at the address indicated above
within 180 days of completion of the supplemental environmental project.
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9.
In the event that Clean Harbor Services incurs actual costs that are less than the
proposed amount of $155,000 to perform the SEP, Clean Harbor Services must
tender the difference in the amount so that the sum expended will be $155,000
whether as SEP costs or as a cash penalty, exclusive of the previously paid
$95,000 penalty. Clean Harbors Services must pay any such amount within 30
days of filing of the completion report required by paragraph 8 above, by a
certified check, money order, or electronic funds transfer, with original and copies
marked and forwarded as per paragraphs 3 through 5 above.
10.
Clean Harbors Services must cease and desist from the alleged violations.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2004);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on April 6, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
