ILLINOIS POLLUTION CONTROL BOARD

January 21,

1982

tLLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Complainant,

)

 PCB 81—50

UNITEL) STEEL DRUM,

 INC.,

an

)

Illinois Corporation, CLETUS

R.

CARRON,

 individually and as

President of United Steel

 Drum,

)

Inc.,

 and SOUTHWEST REGIONAL PORT

DISTRICT,

 a Municipal

 Corporation,

Respondent.

MR. VINCENT R. MORETH,

 ASSISTANT ATTORNEY GENERAL, APPEARED

ON BEHALF OF THE COMPLAINANT;

MR. MICHAEL

 J. NESTER;

 DONOVAN, HATCH, AND CONSTANCE;

 APPEARED

ON BEHALF OF THE RESPONDENTS.

OPINION AND ORDER OF THE BOARD

 (by J~D,Dumelle):

The Illinois Environmental Protection Agency (Agency)

filed a complaint in this matter on April

7,

 1981,

 alleging

that the respondents violated Section 21 of the Environmental

Protection Act

 (Act).

 A hearing

was

held on October 23,

1981

at which only the parties and a reporter appeared.

A

Stipulation and Proposal

 for Settlement was accepted as a joint

exhibit and the parties agreed that

 it represented their desired

resolution of this matter except as to paragraph 6A which

 remained unresolved

(R.

 3—4).

 rJpori an October 23,

 1981 Agency

motion and a November 19, 1981 Board Order,

 Southwest Regional

Port District was dismissed as a party respondent.

 A final

Stipulation and Proposal for Settlement, which includes a

modified paragraph 6A, was filed with the Board on December 24,

1981.

 Given the lack of public participation at hearing and

the minor change in the final Stipulation from that presented

at hearing,

 the Board

 finds that another hearing is unnecessary.

Respondent Cletus

R.

 Carron is president of United Steel

Drum,

 Inc.,

 which is an Illinois Corporation which has conducted

a drum reconditioning business in St~ Clair County,

 Illinois,

during the relevant time periods.

The complaint alleges:

 that

 from on or about March

30,

1979

up to the date of the filing of this complaint,

 including but not

limited to the following dates, April

20,

 1979,

 June

20,

 1979,

45—127

—2—

August 16,

 1979, October 29,

 1979, and July

25,

 1980, the

Respondents United Steel Drum and Cletus

 P. Carron,

 caused

approximately 12,000 drums containing

 an unknown amount of

residue chemicals, paints,

 waste refuse,

 and spent barrel

cleaning solution to accumulate and periodically leak out on

and/or into the ground,

 or he dumped out onto the ground at

the site.

Respondents admit that at various times mentioned in the

complaint,

 residue chemicals were inadvertently discharged and/or

accidentally spilled onto the ground at the site, but point out

that no evidence of groundwater contamination has been shown.

Based upon this admission,

 the Board finds that Respondents

have violated Section 21(b)

 of the

Act,

 prior to January

1,

1980 and after January

1,

1981

 (Ill.

 Rev. Stat.,

 1977,

and 1979 Supp.,

ch.

 111½,

 par.

 1021(h)),

 Section 21(a)

 of the Act

during 1980

 (Iii,

 Rev.

 Stat., 1979 Ch.

 111½, par.

 1021(a), effective

January

1,

 1980),

 Section 21(f)

 of the Act prior to January

1,

1980

and after January

 1, 1981

 (Iii.

 Rev.

 Stat.,

 1977 and 1979 Supp.,

ch.

 111½, par.

 1021(f)),

 and Section 21(e)

 of the Act during

1980

 (Ill.

 Rev.

 Stat.,

 1979,

ch.

 111½, par. 1021(e)).

The proposal for settlement in this matter consists of

a penalty of $1,000,

 a cease and desist order,

 and a compliance

program which the Board finds

 to be adequate to abate the current

problems and to assure that these do not recur.

 The Board

further finds that the penalty is appropriate to aid in the

enforcement of the Environmental Protection Act in that no

environmental damage has been shown.

In evaluating this enforcement action and proposed settlement,

the Board has taken into consideration all the facts and cir-

cumstances in light of Section 33(c)

 of the Act.

The Board notes that the federal and state hazardous

waste regulations are

 in a state of

 flux as the Resource

Conservation and Recovery Act (RCRA)

is

 in the process of being

implemented.

 The Board cannot determine from the record whether

all terms and conditions of the settlement in this matter are

consistent with those regulations.

 However,

 the acceptance

of this settlement by the Board shall not be construed to

exempt the Respondents from any otherwise applicable State

or Federal hazardous waste

 laws now in place or which will

come into effect in the future.

This Opinion constitutes the Board1s

 findings of fact

and conclusions of law in this matter.

ORDER

1.

 Respondents United Steel Drum,

 Inc.

 and Cletus

Carron have violated Section 21

 (a,h,e and f)

 of the

Act

 at the various times alleged.

45—128

—3..-

2.

 Within 45 days of the date of this Order, Respondents

shall, by certified check or money

order payable

to the State of Illinois, pay the stipulated penalty

of $1,000 which is to be sent to:

Illinois ~vironmental

 Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, Illinois 62706

3,

 Respondents shall comply with all the terms and

conditions of the Stipulation and Proposal for

Settlement filed December 24,

 1981, which is hereby

incorporated by reference as if fully set forth

herein~

IT IS

SO ORDERED~

D. Anderson concurred.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board,

hereby certify that the above Opinion

and

Order

was adopted on

the

 day of

 1982 by a

vote of

4-o.

Christan L. Mo

 Clerk

Illinois Pollut

 Control Board

45—129