ILLINOIS POLLUTION CONTROL BOARD
May 21, 1998
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
HORSEHEAD RESOURCE
DEVELOPMENT COMPANY, INC., a
Delaware corporation,
Respondent.
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PCB 98-127
(Enforcement -
RCRA
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OPINION AND ORDER OF THE BOARD (by C.A. Manning):
On April 2, 1998, the Illinois Attorney General, on behalf of the Illinois Environmental
Protection Agency and the People of the State of Illinois, filed a one-count complaint against
Horsehead Resource Development Company, Inc. (Horsehead), a Delaware corporation,
located at 2701 East 114th Street, Chicago, Cook County, Illinois. The complaint alleges that
Horsehead violated Section 21(d)(2) of the Illinois Environmental Protection Act (Act) (415
ILCS 5/21(d)(2)) and 35 Ill. Adm. Code 809.302(a) by accepting hazardous waste for disposal
from a special waste hauler who did not have a valid permit or present a special waste manifest
designating the Horsehead facility as the destination for the special waste.
On April 2, 1998, the parties filed a stipulation, settlement agreement, and a joint
motion requesting relief from the requirement of Section 31(c)(2) that proposed stipulation and
settlement agreements be presented at hearing. 415 ILCS 5/31(c)(2) (1996). The Board
published a notice of the waiver of hearing on April 8, 1998. No objection to the granting of
the waiver was received. Accordingly, the Board grants a waiver from the hearing
requirement.
The stipulation and settlement agreement sets forth facts relating to the nature,
operations and circumstances surrounding the claimed violations. Horsehead denies the
alleged violation, but agrees to pay a civil penalty of $7,500.
The Board finds the stipulation and settlement agreement acceptable under 35 Ill. Adm.
Code 103.180. This settlement agreement in no way affects Horsehead’s responsibility to
comply with any federal, State, or local regulations including, but not limited to, the Act and
the Board’s regulations.
This opinion constitutes the Board’s findings of fact and conclusions of law in this
matter.
ORDER
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1.
The Board hereby accepts the Stipulation and Proposal for Settlement
(settlement agreement) executed by the People of the State of Illinois and
Horsehead Resource Development Company, Inc., a Delaware corporation,
located at 2701 East 114th Street, Chicago, Cook County, Illinois. The
settlement agreement is incorporated by reference as though fully set forth
herein.
2.
Horsehead shall pay a total sum of $7,500 within 30 days of the date of this
order, on or before June 20, 1998. Such payment shall be made by certified
check or money order payable to the Treasurer of the State of Illinois,
designated to the Illinois Environmental Protection Trust Fund, and shall be sent
by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
The certified check or money order shall clearly indicate on its face the case
name and number, along with Horsehead’s federal employer identification
number 13-3353902.
Any such penalty not paid within the time prescribed shall accrue interest at the
rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act
(35 ILCS 5/1003(a) (1994)), as now or hereafter amended, from the date
payment is due until the date payment is received. If the time for payment is
stayed during the pendency of an appeal, interest shall not accrue during such
stay.
3.
Horsehead shall cease and desist from the alleged violations.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 21st day of May 1998 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board