ILLINOIS POLLUTION CONTROL BOARD
July
9, 1981
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
V.
)
PCB 81—7
WATTS TRUCKING SERVICE, INC.,
J.
I. CASE COMPANY, and
)
INTERNATIONAL HARVESTER COMPANY,
)
Respondents,
MR. KENNETH G. ANSPACH, ASSISTANT ATTORNEY GENERAL, APPEARED ON ~
OF THE COMPLAINANT.
MR. MARVIN
L.
SCHRAGER, ATTORNEY AT LAW,
APPEARED ON BEHALF O~
RESPONDENT WATTS TRUCKING SERVICE,
INC.
MR. PHILLIP OLLMAN,
ATTORNEY AT LAW, APPEARED ON BEHALF OF RPOWtftt~T
INTERNATIONAL HARVESTER COMPANY.
MR. ROBERT J. LANGER,
ATTORNEY AT LAW, APPEARED ON BEHALF OF J.
I.
CASE
COMPANY.
OPINION AND ORDER OF THE BOARD
(by N.E. Werner):
This matter comes before the Board on the January 21, 1981
Complaint brought by the Illinois Environmental Protection Agency
(“Agency”).
Count
I of the Complaint alleged that,
on June 30, 198~,~4atts
Trucking Service,
Inc.
(“Watts”)
accepted for disposal,
and disposed
of,
29 barrels of
paint waste from both the
J.
I.
Case Company
(“Case”)
and International Harvester Company
(“International Harvester”) at
its sanitary landfill without a supplemental permit from the Agency
and without the requisite manifests in violation of Rule 310(b) of
Chapter
7:
Solid Waste Regulations
(“Chapter 7”) and Rule 302(A)
of Chapter
9:
Special Waste Hauling
Regulations
(“Chapter 9”)~
Count II alleged that,
on June
30,
1980, both Case and
International Harvester delivered 29 barrels of paint waste for
disposal at Watts’
sanitary landfill without concurrently delivering
a properly completed manifest in violation of Rule 301 of Chapter 9.
—2—
A hearing was held on June
3, 1981 at which no members of the
public were present.
A preliminary, unsigned draft of the Settlement
Stipulation
(which was substantially identical to the final,
signed
draft subsequently submitted to the Board) was presented at the
hearing.
The parties filed their signed Settlement Stipulation on
June 18,
1981.
Watts Trucking Service, Inc. owns and operates a sanitary
landfill known as the Andalusia/Watts Landfill
(the “landfill”)
which is located about
2 miles east of the town of Andalusia and
1/2 miles south of Illinois Route 92 in Rock Island County,
Illinois.
J.
I.
Case Company, a Delaware corporation licensed to do
business in Illinois, owns and operates a business in Bettendorf,
Io~aa
which produces industrial process waste
(i.e., such as paint waste).
International Harvester Company, a Delaware corporation licensed
to do business
in Illinois, owns and operates a business in East Molii,e,
Illinois which also produces industrial process waste.
The parties have stipulated that, on June 30,
1980, Watts
accepted for disposal, and disposed of,
29 barrels of industrial
process waste
(i.e., paint waste) from both Case and International
Harvester,
although Watts possessed no supplemental permit from the
Agency which authorized it to accept such special waste.
Moreover,
no accompanying manifests from Case or International Harvester were
presented.
(Stip.
3-5).
Accordingly, Watts admittedly violated
Rule 310(b)
of Chapter
7 and Rule 302(A) of Chapter
9.
(Stip.
4).
Additionally, both Case and International Harvester have
stipulated that they did not, in fact, present the necessary manifests
to Watts, thereby admittedly violating Rule 301 of Chapter
9.
(Stip.
5).
The proposed settlement agreement provides that:
(1) Watts
“will cease and desist from accepting for disposal any special waste
unless previously authorized by a supplemental permit issued by the
Agency” and unless that waste is accompanied by a properly completed
manifest;
(2) Case “will cease and desist from delivering any
special waste for disposal within Illinois without concurrently
accompanying” the waste with a properly completed manifest;
(3)
International Harvester “will cease and desist from delivering
for disposal within Illinois any special
waste without concurrently
accompanying” such waste with a properly completed manifest;
(4) each of the Respondents “will inform in writing their respective
employees who are charged with administering the provisions of
Chapter 7 and Chapter 9 of the respondents’ duties under those
provisions”
and will promptly send copies of these written directives
“to counsel for the Agency”; and
(5) each Respondent agrees to pay
a stipulated penalty of $1,000.00
.
(Stip.
6—7).
43—14
—3—
It
is
stipulated
that
Case has already
informed
its
employees
of the Company’s duties under the pertinent provisions of Chapter 7
and Chapter
9.
(Stip.
7).
Watts and Xnternational Harvester have
agreed to issue their written directives pertaining to
corporate
duties within 30 days of the date of the
Board’s
Opinion
and Order
in this case.
(Stip.
7).
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
and
finds
the
settlement
agreement
acceptable
under
Procedural
Rule
331.
The
Board
finds
that
the
prompt
submission
of the signed Settlement Stipulation after the hearing is in
substantial compliance with
Procedural
Rule
331.
The
Board
finds that
Respondent
Watts has violated Rule 310(b)
of Chapter 7:
Solid Waste Regulations
and
Rule 302(A) of
Chapter 9:
Special Waste Hauling Regulations.
Additionally, the Board finds
that
Respondents
Case
and
International
Harvester
have
violated
Rule
301
of
Chapter
9:
Special
Waste
Hauling
Regulations.
The
Respondents
will
be
ordered
to
cease
and
desist
from
further
violations
and the stipulated penalty of $1,000.00 will be
assessed against each of the Respondents.
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,
Watts
Trucking
Service,
Inc.,
has
violated
Rule 310(b) of
Chapter
7:
Solid Waste Regulations
and
Rule
302(A)
of Chapter 9:
Special Waste Hauling Regulations.
2.
Respondents S.
I. Case
Company
and International
Harvester
Company
have
violated
Rule
301
of
Chapter
9:
Special
Waste
Hauling
Regulations.
3.
Watts Trucking Service, Inc. shall cease
and
desist
f
roe
accepting for disposal any special wastes unless previously
authorized
by
a
supplemental
permit
issued by the
Agency
and
unleso
that
waste is
accompanied
by
a
properly
completed
manifest.
4.
Respondents
S.
I.
Case
Company
and
International
Harvester
Company
shall
cease
and desist
from
delivering
any special
wastes
for
disposal
within
Illinois
without
concurrently accompanying such
waste with a properly completed manifest.
5.
Within 60 days of the date of this Order, each Respondent
shall, by certified check or money order payable to the State of
Illinois,
pay
the stipulated penalty of $1,000.00 which is to be
43—15
—4—
sent
to:
Illinois Environmental Protection Agency
Fiscal
Services Division
2200
Churchill Road
Springfield,
Illinois
62706
6
rftE~
~~cri.dents shall comply with all the terms and
conditions c~tt~h~
~ThttlementStipulation filed on June
18,
1981,
which
is
incorporated
by
reference as
if fully set forth herein.
Mr~
Donald
IL
i\nderson
abstains,
I,
Christan L. Moffett,
Clerk of the Illinois Pollution Control
Board,
here~y
certIfy
that
the above Opinion
and Order were,adopted
on the
~
~day
of
_____________,
1981 by a vote of
--/-~‘
Christan
L,
Moffet,*
Clerk
Illinois Pollutio~2(Control8oard
43—16