BEFORE THE ILLINOIS POLLUTION CONTROL BOARDRECEIVEDCLERK'S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
CLEAN HARBORS SERVICES, INC
.,
a Massachusetts corporation,
Respondent.
To: See Attached Service List.
TO:
See Attached Service List
(VIA ELECTRONIC FILING)
-vs-
NOTICE OF FILING
No. 05 PCB - 91
(Enforcement - Air)
PLEASE TAKE NOTICE that today I have filed with the Office of the Clerk of the Illinois
Pollution Control Board by electronic filing the following Stipulation and Proposal for Settlement, and
Motion to Request Relief from Hearing Requirement, copies of which are attached and hereby served
upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
BY:
Paula Becker Wheeler
Assistant Attorney General
Environmental Bureau
188 W. Randolph St ., 20' Floor
Chicago, Illinois 60601
312-814-1511
DATE: February 9, 2006
THIS FILING IS SUBMITTED ON RECYCLED PAPER
FE 3 0 9 2006
Pollution
STATEOF
Control
ILLINOISBoard
Mr. Raeford Craig Lackey
Chief Counsel, Clean Harbors, Inc .
200 Arbor Drive
Suite 300
Law Department
Columbia, SC 29223
Mr. Bradley P . Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL
. 60601
SERVICE LIST
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RCLERK'S
ECE
OFFICEVED
PEOPLE OF THE STATE OF ILLINOIS,
)
FEB 0 9 2006
Complainant,
STATE OF ILLINOIS
)
Pollution
Control Board
vs .
)
No. . PCB 05 - 91
(Enforcement - Air)
CLEAN HARBORS SERVICES, INC ., a
)
Massachusetts corporation,
)
Respondent .
)
FROM
MOTION
HEARING
TO REQUEST
REOUIREMENTRELIEF
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, and requests relief from the hearing
requirement in the above-captioned matter. In support thereof, the Complainant states as
follows :
1 .
On November 12, 2004, a Complaint was filed with the Pollution Control Board
("Board") in this matter
. On February 9, 2006, a Stipulation and Proposal for Settlement was
filed with the Board .
2.
Section 31(c)(2) of the Illinois Environmental Protection Act ("Act"),
415 ILCS
5/31(c)(2), (2004), allows the parties in certain enforcement cases to request relief from
the
mandatory hearing requirement where the parties have submitted to the Board a stipulation and
proposal for settlement . Section 31(c)(2) provides :
Notwithstanding the provisions of subdivision (1) of this subsection (c),
whenever a
complaint has been filed on behalf of the Agency or by the People of the State of Illinois,
by
the
a
parties
request
may
for
file
relief
with
from
the
the
Board
requirement
a stipulation
of a hearing
and proposal
pursuant
for
to
settlement
subdivisionaccompanied(1).
the
Unless
cause
same
notice
the
manner
Board,
of the
as
in
is
stipulation,
its
required
discretion,
for
proposal
hearing
concludes
and
pursuant
request
that a
to
hearing
for
subdivision
relief
will
to
be
be
(1)
held,
published
of
the
this
Board
and
subsectionsent
shallin
.
The notice shall include a statement that any person may file a written demand for hearing
within
hearing,
21
the
daysBoard
. after
shall
receiving
deny the
the
request
notice.
for
If
relief
any personfrom files
a hearing
a timely
and shall
written
hold
demand
a hearingfor
in accordance with the provisions of subdivision (1) .
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 LISA
MADIGAN, Attorney General of the State of Illinois, requests relief from the requirement of a
hearing pursuant to 415 ILCS 5/31(c)(2)(2004) .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
Attorney
LISA MADIGANGeneral
of the State of Illinois
By: `U~A
4)~
cc
. ''
_
PAULA BECKER WHEELER
Assistant Attorney General
Environmental
188 W. Randolph
BureauSt
., 20th Fl.
Chicago,
(312) 814-1511Illinois
60601
Dated: February 9, 2006
ILLINOIS POLLUTION CONTROL BOARD
CLERK'S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
FEB 09 2006
Pollution
Complainant,
Control
B
ad
1
PCB 05-91
V .
(Enforcement -
Air)
CLEAN HARBORS SERVICES, INC .,
a Massachusetts corporation,
Respondent .
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, the Illinois
Environmental Protection Agency ("Illinois EPA"), and CLEAN
HARBORS SERVICES, INC ., ("Respondent"), have agreed to the making
of this Stipulation and Proposal for Settlement ("Stipulation")
and submit it to the Illinois Pollution Control Board ("Board")
for approval . The parties agree that the statement of facts
contained herein represents a fair summary of the evidence and
testimony which would be introduced by the parties if a hearing
were held . The parties further stipulate that this statement of
facts is made and agreed upon for purposes of settlement only and
that neither the fact that a party has entered into this
Stipulation, nor any of the facts stipulated herein, shall be
introduced into evidence
in any other proceeding regarding the
claims asserted in the Complaint except as otherwise provided
herein
. If the Board approves and enters this Stipulation,
Respondent agrees to be bound by the Stipulation and Board order
and not to contest their validity in any subsequent proceeding to
implement or enforce their terms .
I .
JURISDICTION
The Board has jurisdiction of the subject matter herein and
of the parties consenting hereto pursuant to the Illinois
Environmental Protection Act ("Act"), 415 ILCS 5/1 et seq.
(2004) .
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 to
legally bind them to it .
III . STATEMENT OF FACTS
A .
Parties
1 .
On November 12, 2004, a Complaint was filed on behalf
of the People of the State of Illinois by Lisa Madigan, Attorney
General of the State of Illinois, on her own motion and upon the
2
request of the Illinois EPA, pursuant
to Section 31 of the Act,
415 ILCS 5/31(2004), against the Respondent .
2 .
The Illinois EPA is an administrative agency of the
State of Illinois, created pursuant to Section 4 of the Act, 415
ILCS 5/4 (2004) .
3 .
At all times relevant to the Complaint, Respondent was
and is a Massachusetts corporation that is authorized to transact
business in the State of Illinois .
B .
Site Description
1 .
At all times relevant to this matter, Respondent has
operated a hazardous waste treatment, storage and disposal
facility on approximately 53 acres of property located along Lake
Calumet at 11800 South Stony Island Avenue, Cook County, Chicago,
Illinois
.
2 .
The hazardous waste treatment, storage and disposal
facility is engaged in the treatment, transfer and/or disposal of
.
hazardous wastes, including paint solvents, emergency response
spill clean-ups, spent pesticides, poisons, refinery wastes and
household hazardous wastes
. The company conducts three principal
operations
: 1) wastewater treatment and discharge, 2) fuels
blending and storage and 3) the consolidation and transfer of
hazardous and non-hazardous wastes .
C .
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the
following provisions of the Act ; Board and federally delegated
regulations and Operating Permit No . 94100016 :
Count I :
Failure to Comply with Permit Requirements, in
violation of Section 9(b) of the Act, 415 ILCS
5/9(b)(2002), and Special Condition 5 of its
Operating Permit No . 94100016 .
Count II :
Failure to Comply with Pollution Control Board's
Emission Standards for "Other Emission Units", in
violation of Section 9(a) of the Act, 415 ILCS
5/9(a)(2002), and 35 111 . Adm . Code 218 .986 .
Count III :
Failure to Comply with National Emission
Standards for Hazardous Air Pollutants from Off-
site Waste and Recovery Operations-Requirements
for Closed Vent Systems and Control Devices, in
violation of Section 9 .1(d) of the Act, 415 ILCS
5/9 .1(d)(2002), and 40 C .F .R . 63 .693(d)(1) .
Count IV :
Failure to Comply with National Emission
Standards for Hazardous Air Pollutants from Off-
site Waste and Recovery Operations-Reporting
Requirements, in violation of Section 9 .1(d) of
the Act, 415 ILCS 5/9 .1(d)(2002), 40 C .F .R .
63 .697(a)(1), and 40 C .F .R . 63 .9(b)(1)(i) and
(h)(2) .
Count V :
Failure to Comply with National Emission
Standards for Hazardous Air Pollutants from Off-
site Waste and Recovery Operations
.- Requirements
for Tanks, in violation of Section 9 .1(d) of the
Act, 415
ILCS 5/9 .1(d)(2002) and 40 C .F .R .
63 .685 (g) (1)(ii) and (iii) (2001) .
Count VI :
Failure to Comply with National Emission
Standards for Containers, in violation of Section
9 .1(d) of the Act, 415 ILCS 5/9 .1(d)(2002), 40
C .F .R . 63 .688(b)(3)(i), and 40 C
.F.R
.
63 .923(d)(2001) .
4
D .
Admission of Violations
The Respondent represents that it has entered into this
Stipulation for the purpose of settling and compromising disputed
claims without having to incur the expense of contested
litigation . By entering into this Stipulation and complying with
its terms, the Respondent does not affirmatively admit the
allegations of violation within the Complaint and referenced
within Section III
.C herein, and this Stipulation shall not be
interpreted as including such admission .
IV
Y APPLICABILITY
This Stipulation shall apply to and be binding upon the
Complainant and the Respondent, and any officer, director, agent,
or employee of the Respondent, as well as any successors or
assigns of the Respondent . The Respondent shall not raise as a
defense to any enforcement action taken pursuant to this
Stipulation the failure of any of its officers, directors,
agents, employees or successors or assigns to take such action as
shall be required to comply with the provisions of this
Stipulation .
1 .
No change in ownership, corporate status or operator of
the
facility shall in any way alter the responsibilities of the
Respondent under this Stipulation and Proposal for Settlement .
In the event of any conveyance of title, easement or other
5
interest in the facility, the Respondent shall continue to be
bound by and remain liable for performance of all obligations
under this Stipulation .
2 .
In the event that the Respondent proposes to sell or
transfer any real property or operations subject to any Order
accepting and adopting the terms of this Stipulation and Proposal
for Settlement, the Respondent shall notify the Complainant 30
days prior to the conveyance of title, ownership or other
.interest, including a leasehold interest in the facility or a
portion thereof . The Respondent shall make the prospective
purchaser or successor's compliance with any Order accepting and
adopting the terms of this Stipulation a condition of any such
sale or transfer and shall provide a copy of this Stipulation and
any Order accepting and adopting the terms of this Stipulation to
any such successor in interest
. This provision does not relieve
the Respondent from compliance with any regulatory requirement
regarding notice and transfer of applicable facility permits .
3 .
The Respondent shall notify each contractor to be retained
to perform work required by any order accepting and adopting the
terms of this Stipulation of each of the requirements of said
Order relevant to the activities to be performed by that
contractor, including all relevant work schedules and reporting
deadlines, and shall provide
a copy of this Stipulation and any
Order accepting and adopting the terms of this Stipulation to
6
each contractor already retained no later than 30 days after the
date of adoption of this Stipulation . In addition, the
Respondent shall provide copies of all schedules for
implementation of the provisions of this Stipulation to the prime
vendor(s) supplying the control technology systems and other
equipment required by any order accepting and adopting the terms
of this Stipulation .
V . COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of
the Respondent to comply with any other federal, state or local
laws or regulations including, but not limited to, the Act and
the Board regulations, 35 Ill . Adm . Code, Subtitles A through H .
VI . IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c)(2004), 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 ;
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 ;
7
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 .
Human health and the environment were moderately
affected and the Illinois EPA's information gathering
responsibilities were hindered by the Respondent's violations .
2 .
There is social and economic benefit to the facility .
3 .
Operation of the facility was suitable for the area in
which it occurred .
4 .
Compliance with its permit conditions and compliance
with the emission standards of the Board's regulations and
applicable federally-delegated programs is both technically
practicable and economically reasonable .
5 .
Respondent has subsequently complied with the Act, the
Board Regulations, NESHAP Regulations, and its Permit Condition
.
VII . CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h)(2004), provides
as follows :
In determining the appropriate civil penalty to be
imposed under . . . this Section, the Board is
authorized to consider any matters of record in
mitigation or aggravation of penalty, including but not
limited to the following factors :
8
1 .
the duration and gravity of the violation ;
2 .
the presence or absence of due diligence on the
part of the respondent in attempting to comply
with requirements of this Act and regulations
thereunder or to secure relief therefrom as
provided by this Act ;
3 .
any economic benefits accrued by the respondent
because of delay in compliance with requirements,
in which case the economic benefits shall be
determined by the lowest cost alternative for
achieving compliance ;
4 .
the amount of monetary penalty which will serve to
deter further violations by the respondent and to
otherwise aid in enhancing voluntary compliance
with this Act by the respondent and other persons
similarly subject to the Act ;
5 .
the number, proximity in time, and gravity of
previously adjudicated violations of this Act by
the respondent ;
6 .
whether the respondent voluntarily self-disclosed,
in accordance with subsection i of this Section,
the non-compliance to the Agency ; and
7 .
whether the respondent has agreed to undertake a
"supplemental environmental project," which means
an environmentally beneficial project that a
respondent agrees to undertake in settlement of an
enforcement action brought under this Act, but
which the respondent is not otherwise legally
required to perform .
In response to these factors, the parties state as follows
:
1 .
The Respondent failed to comply with its Operating
Permit, Board regulations and applicable NESHAP standards for
controlling organic material emissions
. The violations began on
or around 2001 and continued until at least 2004 .
9
2 .
Respondent became diligent in attempting to come back
into compliance with the Act, Board regulations and applicable
federal regulations, once the Illinois EPA sought to initiate
formal enforcement .
3 .
The Respondent may have enjoyed a limited measure of
economic benefit by not controlling the odors or VOM, but the
penalty received negates any economic benefit accrued
.
4 .
Complainant has determined, based upon the specific
facts of this matter, that a penalty of Ninety-Five Thousand
($95,000 .00) will serve to deter further violations and aid in
future voluntary compliance with the Act and Board regulations .
5 .
To Complainant's knowledge, Respondent has previously
adjudicated violations of the Act, with at least onee case filed
in Cook County, Illinois, 95 CH 11675 . A Consent Order was
entered on December 6, 1995 .
6 .
Self-disclosure is not at issue in this matter .
7 .
The settlement of this matter does include a
supplemental environmental project, as stated in Section VIII .B .
VIII .
TERMS OF SETTLEMENT
A .
Penalty Payment
1 . The Respondent shall pay a civil penalty in the sum of
Ninety-Five Thousand Dollars ($95,000 .00) within thirty (30) days
from the date the Board adopts and accepts this Stipulation . The
penalty described in this Stipulation shall be paid by certified
10
check, money order or electronic funds transfer payable to the
Illinois EPA, designated to the Illinois Environmental Protection
Trust Fund and submitted to :
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P .O . Box 19276
Springfield, IL 62794-9276
The name and number of the case and Respondent's Federal Employer
Identification Number (FEIN), shall appear on the check . A copy
of the certified check, money order or record of electronic funds
transfer and any transmittal letter shall be sent to :
Paula Becker Wheeler
Assistant Attorney General
Environmental Bureau
188 W . Randolph St ., 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
2 .
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g)
(2004), interest shall accrue on any payment not paid within the
time period prescribed above
at the maximum rate allowable under
Section 1003(a) of the Illinois Income Tax Act, 35 ILCS 5/1003
(2004)
. Interest on any unpaid payment shall begin to accrue
from the date the payment is due and continue to accrue until the
11
date payment is received . When partial payment(s) are made, such
partial payment shall be first applied to any interest on unpaid
payment then due and owing . All interest on payment owed shall
be paid by certified check, money order or electronic funds
transfer, payable to the Illinois EPA, designated to the Illinois
Environmental Protection Trust Fund and delivered to the address
and in the manner described above .
3 .
For purposes of payment and collection, Respondent may
be reached at the following address :
Raeford Craig Lackey, Esquire
Vice President & Chief Counsel
Clean Harbors Services, Inc .
200 Arbor Lake Drive
Suite 300
Law Department
Columbia, South Carolina 29223
4 .
In the event of default of this Section VIII .A, the
Complainant shall be entitled to all available relief including,
but not limited to, reasonable costs of collection and reasonable
attorney's fees, from the Respondent .
B .
Supplemental Environmental Project
1 .
In order to promote the goals of the Act to restore,
protect and improve the quality of the environment, Respondent
shall undertake and complete a Supplemental Environmental Project
("SEP") as approved by the Illinois EPA . The SEP requires that
the Respondent make the following improvements to the emissions
12
control system for the Flammable Storage
Tank Farm (see map
attached as Exhibit A) within 365 days of . the date the Board
Order adopts and accepts this Stipulation
:
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
.
See the tanks and vessels listed on the attached Exhibit B
2 .
Respondent shall apply for and obtain all proper
permits for the upgrades listed above . The value of the upgrades
is approximately $155,000 .00 . These upgrades are not necessary or
required under Respondent's operating permit ; they do, however,
improve, protect and reduce risks to the public health and
environment by reducing annual HAPs emissions into the atmosphere
at the Clean Harbors facility .
Within 180 days of the completion of the improvements to the
emission control system listed above in Section VIII .B
.l,
Respondent shall file a Completion Report, which will include all
costs incurred for the improvements . Said report shall be sent
13
to Robb Layman of the Illinois EPA at the address listed in
Section VIII .A, with a copy to Assistant Attorney General Paula
Becker Wheeler . In the event that the Respondent incurs actual
costs that are less than the proposed amount of $155,000 .00 to
perform the SEP, the Respondent shall tender the difference in
the amount so that the sum expended will be $155,000
.00 whether
as SEP costs or cash penalty, exclusive of the previously paid
$95,000 .00 penalty . Said amount will be tendered in a certified
check to the Illinois EPA, designated to the Illinois
Environmental Trust Fund as stated in Section VIII .A of. this
Stipulation . This check shall be received within 30 days of the
filing of the Completion Report showing the costs incurred .
3 .
Any public statement, oral or written made by
Respondent concerning this SEP shall include the following
language : "This project was undertaken in connection with the
settlement of an enforcement action initiated by the State of
Illinois ."
4 .
Respondent certifies, as of the date of the filing of
this Stipulation and Proposal for Settlement, it is not required
by federal, state or local law, regulation, permit, order or
other enforcement agreement, to perform any actions relating to
the SEP required herein . Respondent further certifies it has not
received, nor is it negotiating the receipt of credit, penalty
offset or other benefit from this SEP in any other manner .
14
C .
Future Operations
1 .
As part. of this settlement agreement, Clean Harbors has
represented that it has corrected the past noncompliance that is
the subject matter of the Complaint . As to the fuel blending
operations, which historically involved the Pegasus unit and
other activities performed at Building 43, Clean Harbors has
represented that said operations have ceased and are no longer in
use by the company as of the date of entry of the Stipulation and
Settlement Agreement .
2 .
In the future, if the operations that were previously
performed at Building 43 during 2001 and 2002 are re-commenced,
Clean Harbors shall submit a construction permit application to
the Illinois EPA at least 90 days in advance of re-commencement
of said operations . Further, such operations shall not re-
commence until a permit has been issued by the Illinois EPA .
3 .
In addition, Clean Harbors shall conduct any emissions
testing of the Building 43 operations that may be requested by
the Illinois EPA in conjunction with the afore-said re-
commencement of operations, which shall include a written
emissions testing protocol submitted to the Illinois EPA's
Division of Air Pollution Control/Source Monitoring Unit at least
60 days in advance of testing .
15
D .
Future Use
Notwithstanding any other language in this Stipulation to
the contrary, and in consideration of the mutual promises and
conditions contained in this Stipulation, including the Release
from Liability contained in Section VIII .F, below, the Respondent
hereby agrees that this Stipulation may be used against the
Respondent in any subsequent enforcement action or permit
proceeding as proof of a past adjudication of violation of the
Act and the Board Regulations promulgated thereunder for all
violations alleged in the Complaint in this matter, for purposes
of Section 39(a) and (i) and/or 42(h) of the Act, 415 ILCS
5/39(a) and(i) and/or 5/42(h)(2004)
. Further, Respondent agrees
to waive any rights to contest, in any subsequent enforcement
action or permit proceeding, any allegations that these alleged
violations were adjudicated .
E .
Cease and Desist
The Respondent shall cease and desist from future violations
of the Act and Board Regulations that were the subject matter of
the Complaint as outlined in Section III
.C ("Allegations of Non-
Compliance") of this Stipulation .
F .
Release from Liability
In consideration of the Respondent's payment of the
$95,000 .00 penalty and any specified costs and accrued interest,
its completion of its Supplemental Environmental Project, its
16
commitment to Cease and Desist as contained in Section VIII .E and
upon the Pollution Control Board's acceptance and approval of the
terms of this Stipulation and Proposal for Settlement, the
Complainant releases, waives and discharges the Respondent from
any further liability or penalties for violations of the Act and
Board Regulations that were the subject matter of the Complaint
herein . The release set forth above does not extend to any
matters other than those expressly specified in Complainant's
Complaint filed on November 12, 2004 . The Complainant reserves,
and this Stipulation is without prejudice to, all rights of the
State of Illinois against the Respondent with respect to all
other matters, including but not limited to, the following :
a .
criminal liability ;
b .
liability for future violation of state, federal,
local, and common laws and/or regulations ;
c .
liability for natural resources damage arising out of
the alleged violations ; and
d .
liability or claims based on the Respondent's failure
to satisfy the requirements of this Stipulation .
Nothing in this Stipulation is intended as a waiver,
discharge, release, or covenant not to sue for any claim or cause
of action, administrative or judicial, civil or criminal, past or
future, in law or in equity, which the State of Illinois or the
Illinois EPA may have against any person, as defined by Section
17
3 .315 of
the Act, 415 ILCS 5/3
.315, or entity other than the
Respondent .
G . Right of Entry
In addition to any other lawful authority, the Illinois EPA,
its employees and representatives, and the Attorney General, her
agents and representatives, shall have the right of entry into
and upon the Respondent's facility which is the subject of this
Stipulation, at all reasonable times for the purposes of carrying
out inspections
. In conducting such inspections, the Illinois
EPA, its employees and representatives, and the Attorney General,
her employees and representatives may take photographs, samples,
and collect information, as they deem necessary
.
H .
Correspondence, Reports and Other Documents
Any and all correspondence, reports and any other documents
required under this Stipulation, except for payments pursuant to
Sections VIII
.A ("Penalty Payment") of this Stipulation shall be
submitted as follows :
As to the Complainant
Paula Becker Wheeler
Assistant Attorney General (or other designee)
Environmental Bureau
188 W . Randolph St ., 20th
Floor
Chicago, Illinois 60601
Joseph Kotas
Field Operations Section
Illinois EPA
9511 West Harrison
Des Plaines, IL 60016
18
AstotheRespondent
Raeford Craig Lackey, Esquire
Vice President & Chief Counsel
Clean Harbors Services, Inc
.
200 Arbor Lake Drive
Suite 300
Law Department
Columbia, South Carolina 29223
I .
Modification of Stipulation
The parties may, by mutual written consent, agree to extend
any compliance dates or modify the terms of this Stipulation
. A
request for any modification shall be made in writing and
submitted to the contact persons identified in Section VIII
.H .
Any such request shall be made by separate document, and shall
not be submitted within any other report or submittal required by
this Stipulation
. Any such agreed modification shall be in
writing, signed by authorized representatives of each party, and
then accompany a joint motion to the Illinois Pollution Control
Board seeking a modification of the prior order approving and
accepting the Stipulation to approve and accept the Stipulation
as amended .
J
. Enforcement of Board Order
1 .
Upon the entry of the Board's Order approving and
accepting this Stipulation and Proposal for Settlement, that
Order is a binding and enforceable order of the Illinois
19
Pollution Control
Board and may be enforced as such through any
and all available means .
2 .
Respondent agrees that notice of any subsequent
proceeding to enforce the Board Order approving and accepting
this Stipulation and Proposal for Settlement may be made by mail
to the contact person for Respondent identified in Section
VIII
.H, and further waives any requirement of service of process .
3 .
The parties agree that, if the Board does not approve
and accept this Stipulation and Proposal for Settlement, then
neither party is bound by the terms herein .
4 .
It is the intent of the Complainant and Respondent that
the provisions of this Stipulation and Proposal for Settlement
and any Board Order accepting and approving such shall be
severable, and should any provision be declared by a court of
competent jurisdiction to be inconsistent with state or federal
law, and therefore unenforceable, the remaining clauses shall
remain in full force and effect
.
K .
Execution of Document
This Stipulation and Proposal for Settlement shall become
effective only when executed by all parties and approved by the
Board
. This Stipulation may be executed by the parties in one or
more counterparts, all of which taken together, shall constitute
one and the same instrument .
20
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,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY :
ROSEMARIE CAZEAU, Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY :
ROBERT A . MESSINA
Chief Legal Counsel
CLEAN HARBORS SERVICES, INC .
BY :
DATE :
Zvctar/~?
200(,
R . CRAI LACKEY, Esq
.
Vice President & Chief Counsel
21
DATE :
DATE :
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,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY :
R*SE "RIE
EAU
Enviro ental Burea
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY :
R BERT A . MESSI A
Chief Legal Counsel
CLEAN HARBORS SERVICES, INC .
BY :
Name :
Title :
21
DATE :
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. B-16
Page 1i-2 of 11-14
142
(1)
Sludge
1,270
Conditioning Tank
3/16
Carbon Steel
149
(2)
Sand Filter
750 3132
Carbon Steel
150
(1)
Backwash
3,770
Collection Tank
3/16
Carbon Steel
152
(2)
Carbon Adsorption 1,300
Unit
3/16
Carbon Steel
153
(1)
Treated Effluent 2,640
Tank
3116
Carbon Steel
iii. Hazardous Waste Fuel Blending Operation (Unit 43) Existing
Maximum
Tank
No. of
Capacity
Numbers nits Description
in Gallons,
Minimum Shell
Thickness of
Tank (mches1
Material of
Construction
Material of
Construction
Carbon Steel
Carbon Steel
Minimum Shell
Thickness of
Tank (incbesl
3/16
3/16
161-21
(1)
161-22
(1)
Dispersion Tank 1,225
Overflow Tank
275
iv. Flammable Storage Tank Faun (Unit 161 Existing
Tank
No. of
Numbers Units
Description
Maximum
Capacity
In Gallons
158
(5) Tanks TK-103, TK-104, TK-105,
12,800
0.167
Carbon Steel
159
(1)
TK-106,TIK 108. Hazardous
Waste Fuel Storage Tanks
Tank TK-112
. Neutral pH waters,
19,600
0.167
Carbon Steel
lean waters and/or hazardous
waste fuel storage tank .
Jan-03-2906 12 : 02 pa
Free-CLEAR RARBORS
+1736466381
0316000051
Clean Harbors Svcs Inc
RCRA Log No. B-16
414
415,416
417
418
424
427
T-384 P
.003/003 F-556
Page 11-3 of 11-14
Material of
Consmiction
carbon steel
carbon steel
carbon steel
carbon steel
carbon steel
carbon steel
(2) Tanks
TIC-10i
and TK-i07
. Mild 12,800
0.158
Stainless Steel
(1)
acidic waters, lean waters,
and/or hazardous waste fuel
storage tanks .
Tank TK-1112 Hazardous Waste
12,800
0.167
Carbon Steel
(1)
Fuel and PCB Storage Tank .
Tank TK-110. Hazardous Waste
12,800
0.167
Carbon Steel
Fuel and PCB Storage Tank .
Flammable Storage Tank Farm (Unit 221 Proposed
No.
Units
of
Description
Maximum
Capacity
In Gallons
Minimum Shell
Thickness of
Tank (inches)
(1) Hydropulpar
3490
0.05
(2)
Blended Liquid Storage Tank
10,558
0.105 .
(1) Diluent Feed Tank
15,547
0.167
(1) Metalwash Solvent Storage Tank
6,136
0.054
(1)
Metal Wash Tank
3730
0.5
(1) Rinse Tank
987
0.5
177
180
183
Tank
lit t
v.
CERTIFICATE OF SERVICE
I, PAULA BECKER WHEELER, an Assistant Attorney General in this case, do certify
that I caused to be served this 9th day of February, 2006, the foregoing Stipulation and Proposal
for Settlement, Motion for Request for Relief from Hearing Requirement and Notice of Filing
upon the persons listed on said Notice by depositing same in an envelope, by first class postage
and certified mail prepaid, with the United States Postal Service at 188 West Randolph Street,
Chicago, Illinois, at or before the hour of 5 :00 p .m
.
PAULA BECKER WHEELER
February 9, 2006
