ILLINOIS POLLUTION CONTROL BOARD
    April
    16,
    1981
    ILLINOIS ENVIRONMENTM,
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 79—205
    WEIR MACHINE AND FOUNDRY
    )
    COMPANY, INC., an Illinois
    corporation,
    )
    Respondent.
    ALICE KOUN, ASSISTANT ATTORNEY GENERAL, APPEARED
    ON
    BEHALF OF 2~IF~
    COMPLAINANT.
    PAL~4ER,BLACKMAN, MANCINI
    & RIEBANDT, P.C., ATTORNEYS AT LAW
    (MR. DOMINIC 3. MANCINI, OF COUNSEL), APPEARED ON BEHALF OF
    T9E
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by N.E.~erner):
    This matter comes before the Board on the September 28,
    1979
    Complaint brought by the Illinois Environmental Protection Agency
    (HAgencyll).
    This Complaint alleged that,
    from October 24,
    1977
    until September 28,
    1979, the Respondent discharged wastewater
    containing contaminants from its plant into a storm sewer
    system
    tributary to Big Rock Creek without an NPDES Permit in violation of
    Rule 901 of Chapter
    3:
    Water Pollution Control Regulations
    (“Chapter 3”)
    and Sections 12(a) and 12(f)
    of the Illinois Envirn—
    mental Protection Act (“Act”).
    After preliminary discovery commenced,
    lengthy settlement
    negotiations ensued.
    On November 20,
    1980, the Board entered an
    Order to expedite proceedings in this matter.
    A hearing was held
    on February
    10,
    1981.
    The parties filed a Stipulation and Proposal
    for Settlement on March
    3,
    1981.
    The Respondent,
    the Weir Machine and Foundry Company,
    Inc.
    (the
    “Company”), owns and operates a metal parts manufacturing
    facility
    in the City of Plano, Kendall County, Illinois which
    discharges about 50,500 gallons per day of non—contact cooling water
    into a storm sewer system tributary to Big Rock Creek, an Illinois
    water.
    (Stip.
    1—2).
    4
    1—233
    —2—
    On March 26,
    1976,
    the Agency sent the Company a letter
    pertaining to the possible necessity of an NPDES Permit to allow
    wastewater discharges into the storm water collection system of the
    City of Plano.
    (See:
    Exhibit A).
    Subsequently, on March
    2,
    1979,
    another letter was sent to the Company which informed the Respondent
    that an NPDES Permit was required.
    (See:
    Exhibit D).
    Accordingly,
    the Company sent a short form NPDES Permit application to the Agenc’
    which was received by the Agency on August
    2,
    1979.
    (Stip.
    3).
    After the initial NPDES Permit application was received, the
    Agency requested that the Company submit a standard form NPDES Permit
    application because water samples taken in 1979 indicated that low
    concentrations of various metals were present in wastewater
    discharges.
    (See: Exhibits B and C).
    The standard form that the Company submitted proved to be
    satisfactory and the Agency issued an NPDES Permit to the Respondent
    on January
    4, 1980 for the discharge of non—contact cooling water
    into the Big Rock Creek.
    (See: Exhibit
    E).
    The proposed settlement agreement provides that the Company
    cease and desist from further violations and pay a stipulated
    penalty of $1,700.00
    .
    (Stip.
    3—4).
    In evaluating this enforcement action and proposed settlement
    agreement,
    the Board has taken into consideration all the facts
    and circumstances in light of the specific criteria delineated in
    Section 33(c)
    of the Act.
    The Board
    finds the settlement agreement
    acceptable under Procedural Rule 331 and Section 33(c)
    of the Act.
    The Board
    finds that the Respondent, the Weir Machine and Foundry
    Company, Inc., has violated Rule 901 of Chapter
    3:
    Water Pollution.
    Control Regulations and Sections 12(a) and 12(f)
    of the Illinois
    Environmental Protection Act.
    The Respondent will be ordered to
    cease and desist from further violations and a stipulated penalty
    of $1,700.00 will be assessed against the Company.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    It is the Order of the Illinois Pollution Control Board that:
    1.
    The Respondent, the Weir Machine and Foundry Company,
    Inc.,
    has violated Rule 901 of Chapter 3:
    Water Pollution Control
    Regulations and Sections 12(a) and 12(f) of the Illinois Environ-
    mental Protection Act.
    2.
    The Respondent shall cease and desist from further
    violations.
    3.
    Within 30 days of the date of this Order, the Respondent
    shall, by certified check or money order payable to the State of
    4
    1—234
    —3—
    Illinois, pay the stipulated penalty of $1,700.00 which is to be
    Sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield,
    Illinois
    62706
    4.
    The Respondent shall comply with all the terms and
    conditions of the Stipulation and Proposal for Settlement filed
    March
    3,
    1981, which is incorporated by reference as
    if fully
    set forth herein.
    I,
    Christan
    L.
    Moffett, Clerk of the Illinois Pollution Control.
    Board, herebLcertify that the above Opinion
    and
    Order were adopted
    on the
    4
    -~
    day of
    _____________,
    1981 by a vote of
    ______
    ~
    ~
    Christan
    L. Moffett, Cle~k
    ‘
    Illinois Pollution Control Board
    4 1—235

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