ILLtN~I~POLLUTION CONTROL BOARD
    August 20, 1981
    If~LINOISENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Complainant,
    PCB 80—22
    v.
    )
    PCB 80—193
    Consolidated
    CATERPILLAR TRACTOR COMPANY,
    )
    )
    Respondent.
    TOUN VAN VRANKEN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF
    COMPLAINANT;
    RICHARD
    J. KISSEL AND JOANNA C.
    NEW,
    MARTIN, CRAIG, CHESTI~R&
    SONNENSCHEIN, AND STEVEN C.
    HOFFMAN APPEARED ON BEHALF OF
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by I. Goodman)
    The
    Board, on its own motion,
    hereby consolidates PCB 80—22
    and PCB 80-193 for the purpose of decision.
    This matter is before the Board on the July 29,
    1980
    complaint filed by the Illinois Environmental Protection Agency
    (Agency) alleging that Caterpillar Tractor Company (Caterpillar)
    has violated the Illinois Environmental Protection Act
    (Act) and
    certain sections of the Illinois Pollution Control Board rul~s
    and regulations, Chapter 3:
    Water Pollution, in the operation
    of its manufacturing facility located in Mapleton,
    Peoria County,
    Illinois (Mapleton Plant),
    and the variance petition filed by
    Caterpillar on October 17,
    1980.
    Hearing was held in this matter
    on February 27, 1981.
    No citizen testified at the hearing
    and
    the Board has received no public comment in this matter.
    The
    Agency’s May 22,
    1981 motion to file its reply brief instanter
    is hereby granted.
    The Agency’s complaint contains three counts of alleged
    violation.
    Count
    I alleges violation of Sections 12(a)
    and
    12(f)
    of the Act and Rules 401(a) and 901 of Chapter 3 in
    that
    Caterpillar caused or allowed the discharge of effluent from its
    Mapleton Plant with a pH greater than 9.0 in violation of the
    terms
    of its NPDES permit.
    Caterpillar admits the excursion.
    Count II alleges violation of Sections 12(a)
    and 12(f)
    of the Act
    and Rules 408(a),
    410(a), and 901 of Chapter 3 in that Caterpillar
    caused or allowed the discharge of effluent from its Mapleton
    plant containing phenol concentrations in excess of 0.3 mg/l.
    L~—167

    —2—
    Caterpillar admits
    the excursion.
    Count III alleges violation of
    Sections
    12(a) and 12(f) of the Act and Rules
    501(c) and 901 of
    Chapter
    3
    in that Caterpillar failed to report quantities of
    biochemical oxygen demand, oil and grease,
    total suspended solids,
    trivalent and hexavalent chromium, phenol and total
    iron on its
    discharge monitoring reports required by Caterpillar’s UPDES permit.
    Caterpillar argues that the conditions of its NPDES permit alleged
    in Count
    III
    to have been violated have been stayed pursuant to an
    appeal by Caterpillar to
    the United States Environmental Protection
    Agency
    (USEPA).
    The USEPA stayed its inclusion of mass discharge
    limitations for certain pollutants.
    When the State of Illinois
    subsequently assumed the NPDES authority from USEPA,
    the status
    of the appeal remained the same.
    No final Order concerning this
    matter was ever entered by USEPA.
    Thus the mass limitation
    conditions of the permit remain stayed.
    The reporting require-
    ments ~
    se were never stayed but reporting was contingent on a
    determination as to the mass limitations requirements.
    The Board
    finds that Caterpillar has not violated its NPDES
    permit by not reporting the mass discharges
    in question,
    as alleged
    in Count III.
    Furthermore,
    from effluent concentration information
    supplied to the Agency, mass discharge concentrations are
    calculable.
    Since Caterpillar admits the allegations of Counts
    I
    and II, the Board finds Caterpillar in violation as alleged in
    those two counts.
    In determining what remedy
    is appropriate for
    these violations the Board considers the factors contained in
    Section 33(c) of the Act.
    The Board in this case balances the
    environmental impact of the admitted excursions with the efforts
    put forth by Caterpillar
    to correct the problems.
    In considering the low level and the infrequency of
    Caterpillar’sviolations of the pH and phenol limitations the Board
    finds that little or no environmental harm has occurred.
    The
    question of Caterpillar’s efforts to correct the violations,
    however,
    and,
    indeed,
    its ability to do
    so,
    are not as clear.
    With respect
    to the pH violations the Agency alleges poor planninq
    on
    the part of Caterpillar, including lack of warning devices,
    corrective procedures described as too little and too late, and
    failure to have sufficient amounts of chemicals on hand to corcect
    shifts
    in the pH level.
    Caterpillar,
    on the other hand,
    argues
    that it had been operating a newly installed system and had
    experienced numerous operational problems with the startup of
    i~:’~
    sludge dewatering system, which resulted in a buildup of high-p~i
    lime.
    Caterpillar states that the automatic acid feed system will
    resolve any remaining pH control problems.
    Although acknowledg:Lii
    the problems inherent with the startup of the new facility, we
    nevertheless find that Caterpillar had had sufficient time in ~ihic3i
    to correct this environmental problem, especially considering the
    well known methods and readily available equipment for such control.
    The Board will therefore order Caterpillar to cease and desist
    further violation of the pH limitation contained
    in its NPUES
    permit.
    43—1 M~

    —3—
    With respect to the phenol violation the Agency argues
    that
    Caterpillar has been violating the permit’s
    limitation since
    1977
    and cannot project compliance until
    1984.
    The Agency suggests that
    this is better addressed in a variance proceeding before the Board,
    and insists that an immediate cease and desist Order
    is appropriate
    in this case.
    Caterpillar argues that its determination of the
    cause of the violations has been hampered by problems related to
    increases in phenol discharge concentrations due to the disposal
    of waste core sand and other phenol—bearing material.
    These
    discharges had masked the fact that phenol pickup in the dust col-
    lector wastewater system was causing excessive phenol concentration
    levels.
    After receiving a preliminary engineering report from a
    consultant, Caterpillar established a program to determine the best
    method of control.
    Caterpillar has an ongoing inhouse research
    effort to determine the extent of the problem and the best method
    to be used to correct it.
    One witness indicates that the evaluation
    will be completed by January
    1,
    1982,
    and estimates that design and
    construction of appropriate facilities will require an additional
    18 months
    to
    2 years
    (R.79).
    The Agency recommends the variance not be granted
    in PCB
    80—193 citing the enforcement case in PCB 80—22.
    On May 28,
    1981,
    pursuant to a stipulation and joint motion by both parties,
    the
    record in PCB 80—22 was incorporated in PCB 80-193.
    The Board
    will issue one order herein determining both cases.
    The Board finds that, given the fact that certain occurrences
    masked the cause of the problem, it was not unreasonable for
    Caterpillar to have waited as long as it did before engaging in
    a detailed study of the situation.
    Caterpillar proceeded in a
    reasonable manner considering the facts in this case.
    Given the
    additional fact that the evidence
    in the record indicates little
    or no harm to the environment from the phenol violations
    (see
    Ex.9),
    the Board finds that it would impose an arbitrary and
    unreasonable hardship on Caterpillar
    to issue an immediate cease
    and desist Order with respect to the violations.
    Caterpillar
    will be ordered to submit by January
    1,
    1982 to the Agency
    for
    its approval a proposal for compliance with the phenol discharge
    limitation by January
    1,
    1984.
    In the interim period, Caterpillar
    will be ordered to report the status of its compliance program
    and the Board will impose a daily maximum phenol discharge
    limitation of 0.7
    rng/l, which reflects Caterpillar’s actual
    performance.
    (Exhibit 1.)
    The Board finds that no purpose will be served by imposing a
    penalty for the violations
    found herein.
    The Board shall retain
    jurisdiction in this matter.
    This Opinion constitutes the findings of fact and conclusions
    of law of the Board in this matter.
    43—169

    —4—
    ORDER
    1.
    Caterpillar Tractor Company is found to have
    violated Sections
    12(a)
    and 12(f) of the
    Environmental Protection Act and Rules 401(a),
    408(a),
    410(a),
    and 901 of Chapter 3:
    Water
    Pollution Rules and Regulations,
    as alleged in
    Counts
    I and II.
    2.
    Caterpillar Tractor Company is found not to have
    violated Sections
    12(a) and 12(f)
    of the Illinois
    Environmental Protection Act and Rules 501(c) and
    901 of Chapter 3: Water Pollution Rules and
    Regulations,
    as alleged in Count III.
    3.
    Caterpillar Tractor Company shall immediately cease
    and desist further violation of its NPDES permit
    with respect to the pH of the discharge of the
    effluent from its treatment plant in Mapleton,
    Illinois.
    4.
    Caterpillar Tractor Company shall
    submit to the
    Illinois Environmental Protection Agency by
    January 1, 1982 for its approval a proposal for
    final compliance with its phenol discharge
    limitation.
    5.
    Caterpillar Tractor Company shall report to the
    Agency with regard to the status of its compliance
    program not less than every
    3 months starting
    April
    1,
    1982.
    6.
    Until January 1,
    1984 or until
    Caterpillar Tractor
    Company completes its compliance program as
    approved by the Agency, whichever first occurs,
    the phenol discharge from its treatment plant in
    Mapleton, Illinois shall not exceed 0.7 mg/i as
    a daily maximum average concentration.
    7.
    Caterpillar Tractor Company shall cease and desist
    violation of the phenol standard by January
    1,
    1984.
    8.
    The Board shall retain jurisdiction in this matter.
    IT IS SO ORDERED.
    I,
    Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Opinion and Order
    were adopted on the c~~Y~__day
    of
    ~iLh
    ~.c-~E
    ,
    1981 by a
    vote of..S-C__.
    Christan
    L.
    Moffetit/ Clerk
    Illinois Pollutioi~~bntrolBoard
    43—170

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