ILLINOIS POLLUTION CONTROL BOARD
July 12, 2001
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
TOYAL AMERICA, Inc., a Delaware
corporation f/k/a ALCAN-TOYAL
AMERICA, INC.,
Respondent.
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PCB 00-211
(Enforcement – RCRA)
ORDER OF THE BOARD (by S.T. Lawton, Jr.):
On May 31, 2000, the People of the State of Illinois (People) filed a seven-count
complaint against respondent, Toyal America, Inc. (Toyal). The People alleged Toyal operated
an aluminum products manufacturing facility at 17401 South Broadway, Lockport, Will County,
Illinois, in violation of the Environmental Protection Act (Act) and Board’s regulations. On June
21, 2001, the parties filed a stipulation and proposal for partial settlement for counts III, IV, V,
VI, and VII of the People’s complaint, and a motion requesting relief from the hearing
requirement of Section 31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2000)).
The People alleged in counts III through VII of the complaint that Toyal stored hazardous
waste at the Lockport facility for over 90 days without a Resource Conservation and Recovery
Act (RCRA) permit, and maintained inadequate aisle space at the facility. The People further
alleged that Toyal failed to amend its contingency plan when the emergency coordinator was no
longer with the company, meet secondary confinement requirements for containers of hazardous
waste, and document any inspections that Toyal performed at the facility. The People alleged
that this activity violated Sections 21(f)(1) and 21(f)(2) of the Act (415 ILCS 5/21(f)(1),
5/21(f)(2) (2000)); and Sections 703.121, 725.135, 725.154(d), 725.293(e)(2)(D), and 725.295(c)
of the Board’s regulations (35 Ill. Adm. Code 703.121, 725.135, 725.154(d), 725.293(e)(2)(D),
725.295(c)).
Respondent admits the alleged violations in the counts III, IV, V, VI, and VII of the
complaint and proposes to pay a $31,500 penalty. The People and Toyal allege in their joint
stipulation and proposed settlement that, “[s]ince the time of the alleged violations, Toyal has
come into compliance with the pertinent sections of the Act and Board regulations.” Stip. at 7.
1
Pursuant to Section 31(c)(2) of the Act, the complainant may file with the Board a
stipulation and proposal for settlement accompanied by a request for relief from the hearing
1
The People and Toyal filed a stipulation and proposal for partial settlement on June 21, 2001,
that is referred to as “Stip. at ___.”
2
requirement. 415 ILCS 5/31(c)(2) (2000). Unless the Board determines that a hearing is needed,
the Board is required to publish notice of the stipulation and proposal for settlement and request
for relief from the hearing requirement.
Accordingly, the Board directs the Clerk of the Board to cause publication of the required
newspaper notice. Any person may file a written demand for hearing within 21 days of the
published notice. If a hearing is requested, the Board will deny the parties’ request for relief and
schedule a hearing.
The Board notes that the stipulation and proposal for partial settlement only pertains to
counts III through VII of the complaint. Counts I and II, concerning air pollution violations
under the Act and Board regulations, are still before the Board for future consideration.
IT IS SO ORDERED.
Board Member T.E. Johnson abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
above order was adopted on the 12th day of July 2001 by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
