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PPEARED

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WEAVER,

LTD.,

e

•~

~

touenther 23,

1976

jLl

Ts.

Targosz

and

-

,

~

qac,lations

of

-r

I

Water

~

~.1vitofl1Uefltal

~--

e~torney

r

-

.~

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as

an

i

..n

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a

second

i.

)

cE

sub

103(a)

(1)

0

I

Lupter

2)

and

•

I:

-

~

.e.~ondamended

-

-

c.a

_yra

with

a

.

tcc Pollution

~a.4

c.td

on

May

26,

1977.

tO

It

.#

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‘~

-

P:

tcc

..a

I

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ci’

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a&xta.

n

1.

Re’~po’’~

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aj

s~

ad

lOs

(b

(

)

rj

Cra

Sectso

1(t.)

Ce

1’

cor.plaiit. sab fted

r

later

Lc’Jatlon .1 ~

aTsd

£a~.,t~p

s.

6,

n-

---

The parties

filed a Stipulation and Proposal for Settlement on

August

4,

1977,

late amended by an Amended Stipulation and

Proposal for Settlement filed October 14,

1977.

11.

FACTUAL BACKGROUND

At the time of the alleged violations, Targosz

and

McIntyre shared a common facility located

in Schaumburg,

Cook

County,

Illinois used for the production of various chemical

products,

including anti—freeze,

soaps, and detergents.

This

facility consisted of a warehouse-type building containing

chemical process equipment and filling

lanes,

an outdoor

unloading area,

and two outdoor mixing tanks resting on rail-

road ties.

The outdoor area slopes downward toward a draluage

ditch which discharges

into an unnamed tributary of Springbrook

Creek.

Spilling of chemical liquids are a recurring problem at

this facility.

Spills are caused by repeated connection

and disconnection of flexible hoses,

leaks in the f1~xible

hoses, leakage from filling lane operations, and leakage from

unloading of tank trucks,

At this facility,

liquids spilling

inside the building were collected from the floor and placed

into two waste liquid holding tanks,

Spills occurring outside

the building flowed into the drainage ditch except those that

were collected into

a 30-gallon drum buried

in the unloading area.

Both Targosz and McIntyre vacated

this facility

subsequent

to the dates of the alleged violations,

Targosz

is continuing its operations at a new facility located in

the State of Illinois,

On or about September 29,

1976, waste liquid was accidentally

siphoned from

a waste liquid holding tank onto the unloading

area and from there into the drainage ditch.

Targosz admits

in the stipulation that this discharge violated Rules

203.,

401(c),

403 and 404(f)

of Chapter

3 and Section

12(a)

of the Act.

On

February

7, 1977,

a coconut oil mixture used in the manufacture

of soap overheated while in a reactor, boiled out through an

open vent onto the unloading area,

and flowed into the drainage

ditch.

Targosz admits in the stipulation that this discharge

violated Rule 203 of Chapter

3 and Section 12(a)

of the Act.

McIntyre makes no admission of liability with regard to either

incident.

28138

---

capable of

eiri

April 14,

19’2

S-pec..-....

the blendcr arc

u

-on’

obtain co’istzi

c.

‘s

from the

Fr•nro

~-

-

C.

in the

stipu....a

‘~

-

;

of Chapter 2.

Th p~rtin~

-

following

comp..s

-~.

First, Tar,ocz ~gr~c-

location of a”

to inspect its

-

notice until J

-/

,i

and writter

re”

at its new fac.1

...t~,

necessary

pern’...:

it-

to the At’-orney

C’- c-

of the manure’-’

.

r

facility.

The part_

Targosz and

$2.,

tY

-

The Board

Settlement and

c

dc

the facility)

3

VsO

~.‘

404(f) of Cnapte-

-

September 29, 1) 6

3 and Section 12’a

-:

find Targosz

‘r

.1~

-

of Chapter 2,

-

tr”

April 14, 1972

r

~

P

$2250 00 againot ?aw~.

to aid enforcer

w

-

-

This Opinic.i

z

fact and

.oncl’ .nc

It ~

tit-

-

.4 a horizontal dry blend:z

-

er into the atmosphere aftes

..onstruction and operation of

record.

Targosz

did

not

tilts for this blender

gency

(Agency) and admits

-

Rttles 103(a) (1) and 103(b) (1

0

SETTLEMEN~

-

ttorney

Targosz will give oral

eaeral of

any

spill occurdrr

agrees

to obtain all

Fourth, Targosz shall submit

r construction or modific.atit.

turing

equipment

at its new

c

penalty of $2250.00 against

e.

-

;

t

~ Stipulation and Proposal for

-r

fi Intyre

(as co—operator of

Co

203(a), 401(c),

403, and

~a,of the Act on or about

-

t

of Rule 203(a) of Chapter

n tebruary 7, 1977.

We also

1)3(a)(1)

and 103(b) (1)

-

.

3(b) of the Act after

the stipulated penalties of

-

,.,

00 against McIntyre as adequate

I—.

--

B~ard.

C~

~.-sonControl Board that:

1)

Tacg’-

-

Id

jJ

.~iatedRules 203(a), 401(c),

403, and 4O4C, c~

~.

ttp-a:

t al

...cction 12(a) of the Act on

or about Septc b~r29

J

-3

a.sated Rule 203(a) of Chapter

and

Sect

i

‘~

‘

.

-

‘

o

~cb.uary7, 1977.

Targ’0.

.)a

--

tt•

-

.4

‘-I

)

.1

a

1

—J

---

—4--

2)

Targosz

is in violation of Rules

103(a)

~1~)

and

103(b) (1)

of Chapter

2 and Section

9(b)

of the i~tafter

April

14,

1972.

3)

Within 30 ~tays of

the

date

of

this

Order,

Targosz

shall pay a

penalty~f

$2250.00

and

McIntyre

shall

pay

a

penalty of $250.00,~ayment to

be

made

by

certified

check

payable

to the Treasurer of the State of Illinois and forwarded

to:

Attor~ey

General’s Office

Environmental Control Div.

188 ~st

Randolph St., Suite 2315

Chicago,

Illinois

60601

4)

Targosz an&Nclntyre

shrILl comply with all the terms

and conditions

of t~eAmended Stipulation and Proposal for

Settlement filed October

14, 1977,

~ihich is incorporated by

reference as

if fully set forth ~nrein.

I, Christan

L. )‘loffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Opinion and Order

were adopted on the

/0 ~

day of

1)

~

,

1977

by a vote of ~O

____

0

Illinois Pollutio:

Board