ILLINOIS POLLUTION CONTROL BOARD
February 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)
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 (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 directs the Clerk to provide public notice of the
parties’ stipulation, proposed settlement, and request for relief from the hearing requirement.
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)) 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; and
See
People v Chemetco, Inc., PCB 96-76 (Feb. 19, 1998)
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). Under the proposed stipulation, Chemetco
neither admits nor denies the alleged violations, and agrees to pay a civil penalty of Two Million
Dollars ($2,000,000.00).
Unless the Board determines that a hearing is needed, the Board must cause notice of the
stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
hearing.
See
415 ILCS 5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
the Clerk to provide the required notice.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on February 19, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
