ILLINOIS POLLUTION CONTROL BOARD
August 17, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BIG RIVER ZINC CORPORATION, a
Delaware corporation, and ALLIED WASTE
TRANSPORTATION, INC. d/b/a MIDWEST
WASTE, a Delaware corporation,
Respondents.
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PCB 06-151
(RCRA Enforcement)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On March 28, 2006, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a six-count complaint against Big River Zinc Corporation (Big
River Zinc) and Allied Waste Transportation, Inc. (Allied Waste) (collectively, respondents).
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The complaint concerns Big River
Zinc Corporation’s zinc metal and co-product facility at 2401 Mississippi Avenue, Sauget, St.
Clair County.
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 respondents violated Section 21(a), (e), (f), and (g)
of the Act (415 ILCS 5/21(a), (e), (f), and (g) (2004)) and 35 Ill. Adm. Code 703.123, 722.111,
722.120(a), 722.122(c), 722.134(a)(2) and (a)(3), 725.153, 725.155, 725.274, 728.109(a),
739.122(d); 808.121(b), and 809.301.
The People further allege that respondents violated these provisions by (1) violating used
oil management standards; (2) failing to make hazardous waste determinations on waste
materials; (3) engaging in open dumping of waste; (4) violating standards for accumulation of
hazardous waste; (5) storing hazardous waste without a permit; (6) failing to submit a copy of an
updated contingency plan to local police, fire, and emergency response teams that may be called
on to provide emergency services; (7) failing to have an emergency coordinator familiar with all
aspects of the facility contingency plan; (8) failing to inspect containers of hazardous waste
inspected weekly; (9) failing to determine the hazardous waste number for waste sent for land
disposal; (10) offering hazardous waste that did not have a hazardous waste number to a transfer
facility; (11) failing to prepare a waste manifest for transfer of waste that was hazardous waste;
(12) failing to send written notice to the transfer facility; and (13) accepting hazardous waste
without a manifest.
2
On July 5, 2006, the People and respondent Big River Zinc only 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)). (Allied Waste is not a party to this stipulation.)
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 stipulation, proposed settlement, and request
for relief from hearing. The Board published newspaper notice in the
The Belleville News
Democrat
on July 15, 2006; any timely hearing request was due to be filed August 5, 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
respondents 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. 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.
Big River Zinc neither admits nor denies the alleged violations but agrees to pay a civil
penalty of $18,000. The People assert this penalty will serve to deter further violations and aid
in future voluntary compliance with the Act and Board regulations.
1
The People and Big River Zinc have satisfied Section 103.302. The Board accepts the
stipulation and proposed settlement. Consistent with the stipulation, the Board orders Big River
Zinc to pay the civil penalty with fourteen days, rather than within 30 days as is the Board’s
usual custom.
This docket remains open, as the case against Allied Waste continues. Big River Zinc
will not appear as a respondent in the caption of future orders in this case.
This opinion constitutes the Board’s findings of fact and conclusions of law as to Big
River Zinc only.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement between the People and Big River Zinc.
1
The stipulation also recites that the United States Environmental Protection Agency assessed a
penalty of $3,271 in 2003 for Clean Air Act and Resource Conservation and Recovery Act
violations.
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2.
Big River Zinc, through its attorney of record, must pay a civil penalty of $18,000
no later than August 31, 2006, which is the first business day after the 14th day
after the date of this order. Big River Zinc must pay the civil penalty by certified
check, money order, or electronic funds transfer, payable to the Illinois
Environmental Protection Agency, designated to the Environmental Protection
Trust Fund. The case number, case name, and Big River Zinc’s federal employer
identification number must be included on the certified check, money order, or
electronic funds transfer statement.
3.
Big River Zinc, through its attorney of record, must send the certified check,
money order, or electronic funds transfer to the following address:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Big River Zinc, through its attorney of record, 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:
Kristen Laughridge Gale
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
Melanie Jarvis
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.
Big River Zinc must cease and desist from the alleged violations.
IT IS SO ORDERED.
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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 August 17, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
