ILLINOIS POLLUTION CONTROL BOARD
March 19, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CHEMETCO, INC., a Delaware corporation,
Respondent.
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PCB 96-76
(Enforcement - Land)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On October 10, 1995, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a two-count complaint against Chemetco, Inc. (Chemetco)
concerning its copper smelter (smelter) located on approximately 12 acres in the Southeast
quarter, Section 16, Township 4 North, Range 9 West near Hartford, Madison County. On April
8, 1998, the People filed an amended complaint (Am. Comp.) against Chemetco alleging futher
violations regarding the smelter.
1
On February 11, 2009, the People and Chemetco 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) (2006)). This filing is authorized by Section 31(c)(2) of the Act
(415 ILCS 5/31(c)(2) (2006)), which requires that the public have an opportunity to request a
The parties now seek to settle without a hearing. For the
reasons below, the Board accepts the parties’ stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), 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 (2006); 35 Ill. Adm. Code 103.
In this case, the People allege that Chemetco violated Section 21(f)(2) (415 ILCS 5/21(f)(2)
(2006)) of the Act, and Sections 725.242(a) - (c) and 725.244(a) - (c) of the Board’s regulations
regarding Interim Status Standards for Owners and Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities (35 Ill. Adm. Code 725.242(a)-(c), and 725.244(a)-(c) (2006))
by failing to provide detailed written cost closure estimates, failing to maintain a written estimate
of the cost of its hazardous waste unit post-closure plans, and failing to annually update its cost
estimates for inflation or for modification of its hazardous waste management unit closure and
post-closure plans. Am. Comp. at 2-5.
1
On February 19, 1998, the Board filed an interim opinion and order granting the complainant
partial summary judgment on counts I and II. The order severed complainant’s claims regarding
Chemetco’s failure to provide written closure cost estimates and directed the parties to proceed
to hearing on that issue, along with the proper penalties for the adjudicated violations. Am.
Comp. at 2-3.
2
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. The newspaper notice was published in the
Illinois
Post Dispatch
on February 16, 2009. 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) (2006); 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.
See
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 Chemetco’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) (2006)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. Chemetco 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) (2006)), which may mitigate or aggravate the civil penalty
amount. Chemetco agrees to pay a civil penalty of $2,000,000.00. The People and Chemetco
have satisfied Section 103.302. The Board accepts the stipulation and proposed settlement.
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.
Chemetco must pay a civil penalty of $2,000,000.00 pursuant to a determination
in respondent’s bankruptcy proceeding. Chemetco must pay the civil penalty by
United States Trustee check payable to the Illinois Environmental Protection
Trust Fund. The case name, case number, and Chemetco’s Federal Employer
Identification Number must appear on the check.
3.
Chemetco must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Chemetco must send a copy of the United States Trustee check and any
transmittal letter to:
James L. Morgan
Assistant Attorney General
Attorney General’s Office
Environmental Bureau
3
500 South Second Street
Springfield, IL 62706
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
5.
Chemetco 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) (2006);
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, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on March 19, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
