Illinois Pollution Control Board
    June
    27, 1972
    ENVIRONMENTAL PROTECTION AGENCY
    )
    v.
    )
    PCB 71—369
    RUSSELL, BURDSALL
    &
    WARD
    BOLT
    AND
    NUT COMPANY
    S~tuartW. Thayer and
    Sullivan
    &Cromwell
    for Russell, Burdsall
    &
    Ward
    Bolt and Nut Compa1iy
    Richard
    W.
    Cosby, Assistant Attorney General for the Environmental
    Protection Agency
    Opinion and Order of the Board
    (by Mr. Aldrich):
    The Environmental Protection Agency filed
    a complaint against
    Russell,
    Burdsall, and Ward Bolt and Nut Company
    (RB&W) on November
    24,
    1971.
    The RB&W Co.
    manufactures
    steel fasteners such
    as screws,
    nuts,
    and rivets from purchased hot rolled steel rods
    at an industrial
    facility on E.
    Second Street in Rock Falls, Whiteside County,
    Illinois.
    The Agency alleged six violations:
    1.
    That beginning April
    1,
    1971, and continuing to the close of
    the record,
    Respondent operated its plant and facilities in
    such a manner as
    to be incapable of providing adequate waste—
    water treatment or of preventing or minimizing
    the escape,
    spillage or leakage of contaminants including
    iron,
    oil,
    zinc,
    cyanide,
    zinc-cyanide,
    cyanogen
    compounds and other water
    contaminants into
    the environment
    in Illinois
    so as to alter
    the physical, chemical or biological properties of the Rock
    River
    in a way
    as to cause or
    is
    likely to create
    a nuisance
    or to pollute the waters.
    This violation is of Section 12(a)
    of the Environmental Protection Act as defined in Section 3(d)
    (n)
    and
    (o)
    of such Act,
    Ill.
    Rev.
    Stat.
    1969
    (Supp.
    1970)
    Ch.
    111—1/2,
    §~l012(a) and 1003(d),
    (n)
    and
    (o).
    2.
    That during the period April
    1,
    1971
    and continuing
    to on or
    about November
    12, 1971 Respondent operated his plant
    and
    facilities
    in such
    a manner as
    to deposit oil, cyanide,
    zinc,
    zinc—cyanide,
    cyanogen compounds and other contaminants upon the
    land
    in the vicinity of the Rock River
    so as to create
    a water
    4
    701

    and
    (0)
    0f
    th~
    Ofli\Et0
    On.
    ~I,
    ~~d~j3~
    $~tion 3(d)
    (n)
    Section 12(d)
    of such Act,
    Ill.
    Rev.
    Stat.
    1969
    (Supp.
    1970),
    Ch.
    111—1/2,
    §~l003(d), (n)
    and
    (o) and
    1012(d).
    3.
    That on or about July
    31,
    1971 Respondent operated his plant
    and
    facilities in such
    a manner as to discharge pollutants which
    caused the death of 98,945 fish of sundry varieties over
    a
    ten—mile stretch of the Rock River below Respondent’s plant site,
    this being
    in violation of the provisions of Rule
    1.05(d)
    relative
    to Toxic Substances in Aquatic Life Sectors of the Illinois
    Sanitary Water Board Rules and Regulations SWB-ll, promulgated
    pursuant to
    Section 6(b)
    and
    (f)
    of an
    “Act to Establish
    a
    Sanitary Water Board,”
    etc.,
    Ill.
    Rev.
    Stat.
    1969,
    Ch.
    19,
    §145.6 and continued in effect by Section 49(c)
    of the said
    Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1969
    (Supp.
    1970),
    Ch.
    111—1/2,
    §1049(c).
    4.
    That since April
    1,
    1971,
    and continuing to on or about August 5,
    1971 Respondent’s corporation engaged in manufacturing processes
    involving cyanides or cyanogen compounds without suitable
    structures
    to assure that no
    such compounds could escape from
    the building and reach the sewer system or water course in
    violation of Rule 1.01 of the Rules and Regulations SWB—5,
    Article
    I of the Illinois Sanitary Water Board effective since
    January 2,
    1965 pursuant to Ru1e.-2.~02 thereof, promulgated pursuant
    to Section
    6(b)
    of an
    “Act to Establish a Sanitary Water Board,”
    etc.,
    Ill.
    Rev.
    Stat.
    1969,
    Ch.
    19,
    ~l45.6,
    and continued in
    effect by Section 49(c)
    of tha s~rdEnvironmental Protection
    Act,
    Ill.
    Rev.
    Stat.
    1969
    (Supp.
    1970), Ch.
    111—1/2, §1049(c).
    5.
    That since April
    1,
    1971 and continuing each day to on or about
    November
    5,
    1971 and thereafter on November 12, 1971 Respondent
    operated his plant and facilities
    in such
    a manner as
    to cause or
    allow the discharge of pollutants including oil,
    scum~nd.
    iron
    into.
    the waters
    of the state in violation of
    the respective provisions,
    (a),
    (b),
    (c)
    and
    (d), of Rule 1.03 MINIMUM CONDITIONS of the
    Illinois Sanitary Water Board Rules
    and
    Regulations SWB—11,
    promulgated pursuant to Section 6(b)
    and
    (f)
    of an “Act to
    Establish a Sanitary Water Board,” etc.,
    Ill.
    Rev.
    Stat.
    1969,
    Ch.
    19,
    §145.6,
    and continued in effect by Section 49(c) of
    the
    “Environmental Protection Act,”
    Ill.
    Rev.
    Stat. 1969
    (Supp.
    1970),
    Ch.
    111—1/2,
    §1049(c).
    6.
    That during the period beginning April
    1,
    1971 and contin~uingeach
    day to on or about November 5,1971 Respondent operated his plant
    without the best practicable treatment or control prior to
    dischar~ge into the Rock River
    in that until November
    5,
    1971
    Respondent did not provide for substantially complete removal of
    settleable solids,
    removal of all floating debris,
    oil, grease or
    scum or sludge solids, removal of color, odor,
    or turbidity tà
    below obvious levels,
    and removal of heavy metals or of toxic
    4
    702

    or odor producing substances in accordance with the levels of
    constituents and properties determined by the Board, and that
    to the close of the record, Respondent did not provide
    adequate storage facilities for hazardous materials and oils
    which are capable of causing water pollution if accidentally
    discharged, this being in violation of Provisions
    b.
    and c.
    of Rule 1.08 IMPLEMENTATION AND ENFORCEMENT PLAN, Paragraph 10
    Sanitary Water Board Rules and Regulations SWB-ll, promulgated
    pursuant to Section 6(b)
    and
    (f)
    of an “Act
    to Establish a
    Sanitary Water Board,” etc.,
    Ill. Rev.
    Stat. l~69,Ch.
    19,
    §145.6,
    and continued in effect by Section 49(c) of the said
    Environmental Protection
    Act-i
    Ill.
    Rev.
    Stat.
    1969
    (Supp.
    1970),
    Ch.
    111—1/2, §1049(c).
    Russell, Burdsall and Ward Nut and Belt Company performs four
    general manufacturing operations which may contribute to water
    pollution:
    Pickling which involves the removal of scale by hot
    sulfuric acid; ~fl!n
    to remove dirt and lubricants; ~
    an electrical process producing a thin zinc coating; and a!zi~_
    involving dipping in mol~tenzinc to produce a relatively thick protective
    coating.
    In order to reduce pollution from these processes RB&W
    instituted and has had
    -
    in operation a number of waste treatment
    projects dating from 1963:
    Cyanide destruction by the Lancy system installed on the Stevens
    plater and North plating line
    in 1963.
    The purpose of this
    system is to detoxify the cyanides by first converting them to
    ovanogen- chloride followed by hydrolysis
    to produce. cyanate.
    Cyanates are subsequently oxidized to carbon dioxide and
    nitrogen gas.
    Precipitation of heavy metals through a chemical treatment
    system installed in 1963.
    Acids and alkalis are blended to
    attain an alkaline mixture.
    After mixing and completion of
    chemical reactions the slurry is pumped to sludge beds for
    clarification.
    The sludge is removed by an outside scavenger
    for off-side disposal.
    Sulphuric acid reclamation by a KSF system installed in 1969
    to reclaim the spent pickle liquor.
    In the process, ferrous
    sulphate crystals are precipitated and.ultimately disposed of
    by an outside scavenger.
    The salvaged acid is recovered for
    reuse.
    A Pfaudler system for. cyanide recoverI was installed on the
    Ionic plater in 1970’.
    Oil and sediments removal by a gravity separator installed
    in 1971.
    The wastes are removed by outside scavengers.
    4—703

    At
    a meeting in the Attorney General’s office,
    a schedule was developed
    for eight specific projects to reduce pollution and the threat of
    pollution by
    RB&W.
    All targeted completion dates were met, the final
    one beirjg February 28, 1972.
    RB&W began on February 1, 1972 to shift to low cyanide solutions in
    its North line, Stevens and Ionic platers thus reducing the cyanide
    content of its effluent from 8 to
    10
    oz. per gallon down to
    2 to
    3 oz.
    This was, however, accompanied by an increase in off—quality product.
    Nevertheless,
    RB&W
    proceeded to test the feasibility of no-cyanide
    solutions converting the Stevens plater March
    14 and the lonics plater
    April
    7 and North line prior to April
    26.
    Still higher rejection
    rates and continuing operating difficulties cast doubt that the
    company could continue to use non—cyanide solutions.
    Unfortunately the sewage treatment process reduces but does not elim-
    inate cyanides as shown by these data for January 1-12,
    1972:
    Total Cyanide~
    “Free” Cyanides
    mg/i
    mg/i
    Influent
    0.957
    0.164
    Effluent
    0.43L
    0.008
    During the period April
    10 to 17 when two platers were shifted to
    low cyanide solution,
    the cyanide content of the company discharge to
    the municipal sewer system was 0.11 mg/l as compared to 1.08 prior
    to any conversion in January
    1 to
    12,
    1972.
    The sewage treatment process
    reduced the cyanides from 0.11 in the influent to 0.05 in the effluent
    but this
    is still double the standard.
    Since that date, the North
    line has also been converted to no-cyanide solution and the Agency
    is
    satisfied RB&W is in compliance with the Act.
    The report of the engineering consulting fir&~Hazen and Sawyer,
    contains the statement that after conferring with manufacturers
    and both state and federal regulatory officials they are still
    unable to recommend a treatment technology effective in oxidizing
    complexed cyanides of the type present at the Rock Falls plant of
    RB&W Company.
    They suggest further experimental studies at the
    RB&W plant.
    The response of RB&W at the time of the fish kill incident was highly
    commendable.
    Since there were no dead fish at that time
    in the
    immediate vicinity of the plant, it had not been established that
    the company was responsible for the fish kill.
    The record mentions no
    tests by the Agency of water in the zone of fish kill to establish the
    cause of death.
    Nevertheless Respondent began an immediate and thorough
    investigation of possible sources of cyanide which could have caused
    fish poisoning.
    The company thus initiated the search and reported
    the loss of cyanide solution to the Agency and furthermore established
    the pathway by which cyanide could have reached the Rock River.
    4—
    704

    The response of the company at the time of
    the fish kill incident was
    as follows:
    The plant manager was alerted
    to a reported fish kill
    late Saturday, July
    31.
    He initiated
    a detailed in-plant investigation
    to determine whether RB&W was in fact the cause of the kill.
    After
    two and one—half days of careful review within the plant, it was
    determined that a malfunction had occurred within its plating depart-
    ment in connection with an automatic plating machine.
    The Ionics
    plater had previously been shut down
    for maintenance work.
    Prior
    to
    the episode,
    the plating
    tank was refilled from a hplding tank.
    Following
    this initial refill operation,
    it was observed that
    the plating
    8olution level repeatedly fell within the tank,
    thus requiring repeated
    additions of sodium cyanide, caustic
    soda and water.
    Over
    a two hour
    period, three additions were required in order
    to maintain the normal
    operating level
    in the plating tank.
    The operator informed his
    supervisor that solution was being lost from the
    tank sump.
    Inspection
    revealed no obvious improper operation of the system so refilling from
    a reserve
    tank was continued.
    On the morning of July
    31,
    a production
    scheduler,
    upon arriving at work noted discharge of solution from
    a vent pipe on an outside storage tank.
    The escaping solution ran
    down the
    side of the tan)~and seeped into the soil.
    Roto-Rooter of
    Rockford was called
    to remove solution from
    a reserve tank in order
    to reestablish adequate reserve storage capacity.
    The company continued
    to try to determine the cause of the loss of
    solution from the plating tank and also to determine the amount of
    solution that may have seeped into the soil,
    It determined that
    a pipe
    used to fill
    the plating tank from the reserve tank was acting as
    a
    siphon when
    the transfer pumping action was discontinued.
    Conse-
    quently,
    the solution was siphoned back to the reserve tank by the
    fill pipe.
    At
    the same time,
    a liquid—level
    sensor in
    the plating
    tank sump, detecting
    a low solution
    level,
    actuated a water
    fill
    line which caused intermittent water additions
    to
    the system.
    As
    a
    consequence of this series of operations an estimated
    4,200 ounces
    of sodium cyanide overflowed onto the soil.
    In order to determine whether the spillage on the ground actually reached
    the river via the sewer,
    the company poured
    a dye solution on the
    ground in the area of the overflow.
    One hundred gallons of dye
    water applied in fifteen minutes resulted in small traces of dye
    sporadically appearing
    in the sewer.
    The test was repeated and again
    the dye was observed in a néar~y manhole thus confirming that cyanide
    from the RB&W plant could have reached the Rock River.
    Since there
    was no direct connection between the point of overflow and any pipe
    leading to the river,
    it is not possible
    to estimate the quantity
    of cyanide that actually reached the Rock River.
    The company has
    initiated several steps to avoid
    a repeat of the incident.
    First,
    the overflow pipe is being diverted into
    a holding tank.
    This will be
    completed by Augt~st10,
    1972.
    Second,
    the transfer piping has been
    altered to eliminate
    the possibility of siphoning.
    Third,
    a program
    of
    regular sampling for zinc cyanide,
    pH and
    oil has been instituted
    at the wet well.
    Fourth,
    supervisors
    and operating personnel have been
    re-instructed as
    to solution transfer procedures.
    4
    705

    It is unfortunate that fish kills
    or similar incidents frequently happen
    before thorough abatement procedures are initiated.
    As has already
    been indicated RB&W installed a series of pollution reduction
    programs from 1963 to November,
    1971.
    Nevertheless,
    it is highly
    probable that pollution resulting from direct discharges of incompletely
    treated wastes from the plant to
    the Rock River occurred until the
    company made extensive adjustments and introduced
    its discharge into
    the city sewage system in November,
    1971.
    We now turn
    to the evaluation of the conditions of the stipulation and
    proposed settlement.
    First,
    the Rock River will be protected from p01-
    lution by RB&W Company by the condition of the stipulation which.
    says that Respondent agrees not
    to violate the Environmental Protection
    Act or any applicable regulation adopted thereunder.
    The stipulation
    includes
    the condition that RB&W will
    not discontinue the use of no-
    cyanide plating solutions without
    30
    days prior notice
    to the
    Environmental Protection Agency and the Illinois Attorney General.
    We assume that the conditions under which the agency would approve such
    a move will protect the biological integrity of the Rock River.
    The penalty of $13,449.96 suggested for the fish kill
    is based upon
    the formula of the Division of Fisheries,
    Illinois Department of
    Conservation.
    The penalty of $40,000 we assume
    is for failure
    to
    take
    all necessary
    steps in order
    to avoid pollution or the threat
    of pollution of waters of the State and for the fish kill episode it-
    self above
    and beyond the assigned value of the
    fish.
    We have
    previously
    said
    that the response of
    the company
    to the episode was
    exemplary.
    We believe
    the proposed penalties are fair and reasonable.
    This Board
    is
    on record as favoring a reduction in time and expense
    of litigation whenever
    it
    is possible to arrive at an equitable
    settlement which serves the purpose
    of the Environmental Protection
    Act without
    a hearing.
    (see EPA
    v.
    Charles
    R.
    Rhodes,
    PCB 71-53,
    September
    16,
    1971: EPA
    v.
    Custom Farm Services,
    Inc. PCB
    71-312,
    September
    21,
    1971;
    and EPA v.
    Solid Waste Disposal Company,
    PCB
    71—236, February
    3,
    1972).
    We
    are, however, concerned that the proposed settlement in this case
    provides no opportunity
    for the public
    to express
    its views on the
    conditions of the settlement.
    The effect
    of this violation of the
    Environmental Protection Act was neither unknown nor obscure.
    An
    estimated 98,945 fish were killed including substantial numbers of
    game fish of which some were of harvestable size.
    To guide parties
    in the future with respect to stipulations
    and proposed settlements
    we shall suggest changes
    in the Procedural
    Rules of the Pollution
    Contol Board that will provide an opportunity
    for public knowledge
    of and response to proposed settlements.
    In the absence of
    a hearing record, we are not asked
    to decide whether
    the specific violations alleged in the original notice by the Agency
    were proven.
    4
    706

    ORDER
    1.
    Russell,
    Burdsall
    &
    Ward
    Bolt and
    Nut
    Company
    shall
    cease
    and
    desist
    viola-
    tions
    of
    the Envirorui~ntalProtection Act and
    applicable
    Regulations
    adopted
    thereunder.
    2.
    Russell,
    Burdsall
    &
    Ward
    Bolt
    and
    Nut
    Company shall not, without
    30
    days
    prior
    written
    notice
    to
    the
    E~ivironnental Protection
    Agency
    and
    the
    Illinois
    Attorney
    General,
    discontinue
    use
    of
    no-cyanide
    plating
    solution
    in
    any
    of
    its
    three
    plating
    lines
    and will
    for
    a
    period
    of
    one
    year
    from
    the
    entry
    of
    this
    order
    furnish
    the
    Agency
    and
    the
    Attorney
    General
    rronthly
    progress
    re-
    ports
    on
    the
    problems
    encountered
    with
    the
    no-cyanide
    plating
    solutions.
    :3.
    Russell,
    Burdsall
    &
    Ward
    Bolt
    and
    Nut
    Company will
    for
    a
    period
    of
    tw~years
    from
    the
    date
    of
    this
    order
    unnitor
    the
    effluent
    from
    its
    plant
    to
    the
    City
    of
    Rock Falls
    sewage
    treatnent
    plant
    by
    taking
    daily
    composite
    samples
    of
    its
    discharge
    to
    the
    city
    sewer
    system
    and
    analyzing
    such
    samples
    for
    zinc,
    iron
    and
    pH,
    Respondent
    will
    also
    nonitor
    such
    samples
    for
    cyanide
    in
    the
    event
    he
    resunes
    plating
    solutions
    containing
    cyanide
    after
    giving
    notice
    required
    un-er
    No.
    2
    above.
    The
    results
    of
    the
    tests
    shall
    be
    sulmitted
    to the
    Agency
    and
    the
    Attorney
    General
    ~n a
    nonthly
    basis.
    4.
    Russell,
    Burdsall
    -
    &
    Ward
    Bolt
    and
    Nut
    Company
    shall
    within
    ten
    days
    of
    the
    entry
    of
    this
    order,
    pay
    to
    the
    State
    of
    Illinois
    for
    deposit
    in
    the
    Fish
    and
    Gaire
    Fund in
    the
    State
    Treasury,
    the
    sum of
    $13,449.96
    representing
    the
    reasonable
    value
    of
    the
    estinated
    fish
    kill
    on
    July
    31,
    1971.
    5.
    Russell,
    Burdsall
    &
    Ward
    Bolt
    and
    Nut
    Company
    shall
    pay,
    within
    ten
    days
    of
    the
    entry
    of
    this
    order,
    $40,000
    to
    the
    State
    of
    Illinois.
    Penalty
    paynent
    by
    certified
    check
    or
    noney
    order
    payable
    to
    the
    State
    of
    Illinois
    shall
    be
    rrade
    to
    the
    Fiscal
    Services
    Division,
    Illinois
    Environrrental
    Protection
    Agency,
    2200
    Churchill
    Road,
    Springfield,
    Illinois
    62706.
    I,
    Christan
    L.
    Noffett,
    Clerk
    of
    the
    Pollution
    Control
    P~ard, certify
    that
    the
    Board
    adopted
    the
    above
    Opinion
    and
    Order
    this
    .~
    7
    ~‘
    day
    of
    June,
    1972,
    byavoteof
    ~
    to
    p
    4
    707

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