ILLINOIS POLLUTION CONTROL BOARD
    October
    4, 1979
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 78—266
    KERR GLASS MANUFACTURING COMPANY,
    )
    a Delaware corporation,
    Respondent.
    MR. WILLIAM
    3.
    BARZANO, JR.
    AND
    MR. THOMAS CHIOLA, ASSISTANT
    ATTORNEY GENERALS, APPEARED ON BEHALF OF THE COMPLAINANT.
    JENNER
    AND
    BLOCK, ATTORNEYS AT LAW
    (MR. EUGENE
    R. WEDOFF, OF COUNSEL),
    APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Werner):
    This matter comes before the Board on the October 19,
    1978
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”).
    Count
    I of the Complaint alleged that,
    from October
    24,
    1977 until the date of the filing of the Complaint, the Respondent
    operated its holding lagoon facility near Illinois Route 59 in such a
    manner as to discharge contaminants into a navigable water of the
    State of Illinois without possessing an NPDES Permit issued by the
    Agency in violation of Rule 901 of Chapter
    3:
    Water Pollution Control
    Regulations
    (“Chapter
    3”) and Section 12(f)
    of the Illinois Environ-
    mental Protection Act
    (“Act”).
    Count II of the Complaint alleged
    that, during specified time periods between October
    1,
    1977 and
    March 31, 1978, the effluent discharged by the Respondent at its
    facilities contained levels of BOD5 and suspended solids
    in excess
    of prescribed limits in violation of Rules
    401(c)
    and 404 of
    Chapter
    3 and Section 12(a) of the Act.
    After various joint motions
    for continuance which were granted by the Board, hearings were held
    on July 20, 1979 and August 24, 1979.
    The parties filed a Stipulation
    and
    Proposal for Settlement on August 24, 1979.
    The Respondent is
    a Delaware corporation which is licensed to
    transact business within the State of Illinois.
    Its glass container
    manufacturing plant is located near the Village of Plainfield in
    Will County, Illinois.
    The main process wastewater resulting from
    glass container manufacturing operations is the cullet quench water.
    35—453
    —2—
    (Stip.
    2).
    Cullet is broken or refuse glass which
    is added to new
    material for melting in making glass.
    Cooling of hot glass rejected
    by the container machines is accomplished by a water spray
    (which
    contains
    a. small percentage of lubrication oil drippage from the
    machines).
    This cool-down operation takes place within the plant
    itself and is entirely self-contained.
    Glass from the cullet water
    is recycled to the process; the water is reused; and oil removal
    equipment is provided for the cullet water recycle.
    (Stip.
    2;
    R.
    8).
    The water that has been recycled in the plant and blowdown from the
    recycling is discharged to the Village of Plainfield’s sewage treat-
    ment facility, and thus no contaminants are discharged to Norman
    Drain or any other navigable waterway from this particular aspect of
    the Respondent’s operations.
    (R.
    8).
    However, once the glass removed from the cullet water was cooled
    down inside of the plant, some glass would be taken outside of the
    plant for storage
    (until it is used in new batch makeup), on occasion
    being still wet.
    (Stip.
    3;
    R.
    8).
    The water which clung to the
    glass from the cool—down operation
    (which contains a small amount of
    oil) often drained outside the plant into the storm water runoff
    drain.
    (R.
    9).
    Although blowdown from the cullet water system was
    discharged to the sanitary sewer,
    a pipe connection was made
    available which allowed the discharge of cullet water to the holding
    lagoons and then into Norman Drain, a tributary of the Des Plaines
    River and a water of the State of Illinois.
    (Stip.
    2—3).
    On October 15,
    1975, the Respondent was issued NPDES Permit
    No. IL-0001422 which allowed the Company to discharge effluent from
    its facility to Norman Drain from November
    15, 1975 until July 1,
    1977.
    On October 14,
    1976, the NPDES permit was modified.
    (See:
    Exhibit A).
    The Company’s NPDES permit required that all discharges
    of process water from its facility would be eliminated,
    and all
    process wastewater would be discharged directly into the Village of
    Plainfield’s sewage treatment plant, by July
    1, 1977.
    (Stip.
    3).
    However, even after July 1, 1977, some of the Company’s process
    wastewater was discharged into the holding lagoons and then into
    Norman Drain.
    This discharge consisted mainly of cullet water which
    drained from the glass which was stored outdoors.
    However, on
    occasion, when the in plant recycling system failed to operate
    properly, industrial wastewater would also be discharged into the
    holding lagoons.
    (Stip.
    3-4).
    The proposed settlement agreement provides that the Respondent
    admits the allegations of the Complaint and agrees to:
    (1) promptly
    submit
    a permit application to the Agency containing plans and
    specifications detailing the cessation of any discharges of
    contaminants from its holding lagoons to Norman Drain
    (see:
    Exhibit B);
    (2) expeditiously complete the requisite construction subject to
    various specified reasons for time extensions
    (the Agency has agreed
    35—4
    54
    —3—
    to expedite its consideration of the Respondent’s permit application
    and the Company will commence the necessary construction only after
    approval by the Agency);
    (3)
    submit monthly monitoring reports to the
    Agency of the discharges from its holding lagoons after the completion
    of construction
    (effluents monitored will include, at a minimum, oil
    and grease); and
    (4) pay a stipulated penalty of $3,000.00.
    In evaluating this enforcement action and proposed settlement,
    the Board has taken into consideration all the facts and circum-
    stances in light of the specific criteria delineated in Section 33(c)
    of the Illinois Environmental Protection Act.
    The Board finds the
    stipulated agreement acceptable under Procedural Rule 331 and
    Section 33(c)
    of the Act.
    The Board finds that the Respondent, Kerr
    Glass Manufacturing Company, has violated Rules
    401(c),
    404, and 901
    of Chapter
    3:
    Water Pollution Control Regulations and Sections 12(a)
    and 12(f)
    of the Act.
    The stipulated penalty of $3,000.00 is hereby
    assessed against the Respondent.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in
    th.is matter.
    ORDER
    It is the Order of the Illinois Pollution Control Board that:
    1.
    The Respondent, Kerr Glass Manufacturing Company, has violated
    Rules 401(c),
    404, and 901 of Chapter
    3:
    Water Pollution Control
    Regulations and Sections 12(a)
    and 12(f)
    of the Act.
    2.
    Within 45 days of the date of this Order, the Respondent,
    Kerr Glass Manufacturing Company, shall, by certified check or money
    order payable to the State of Illinois,
    pay the stipulated penalty of
    $3,000.00 which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    Springfield, Illinois
    62706
    3.
    The Respondent,
    Kerr Glass Manufacturing Company,
    shall comply
    with all the terms and conditions of the Stipulation and Proposal for
    Settlement filed August 24, 1979, which is incorporated by reference
    as if fully set forth herein.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution Control
    Board, her
    y certify that
    he
    bove Opinion and Order were adopte
    on the
    ‘~
    day of
    ,
    1979 by a vote of
    -0
    35—455

    Back to top