ILLINOIS POLLUTION CONTROL BOARD
September
18,
1980
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY and METROPOLITAN SANITARY
)
DISTRICT OF GREATER CHICAGO,
)
Complainants,
v.
)
PCB 75—12
INTERNATIONAL HARVESTER COMPANY,
a Delaware Corporation, and WSC
CORPORATION,
a Delaware
Corporation,
Respondents.
MS. JUDITH GOODIE, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
MR. PHILLIP ROTHENBERG APPEARED ON BEHALF OF THE METROPOLITAN
SANITARY DISTRICT OF GREATER CHICAGO.
MR. JAMES SCHINK, KIRKLAND
& ELLIS, APPEARED ON BEHALF OF
RESPONDENTS.
OPINION AND ORDER OF THE BOARD
(by
I.
Goodman):
This matter is before the Board upon a complaint filed
January
8,
1975 by the Illinois Environmental Protection Agency
(Agency) and the Metropolitan Sanitary District of Greater Chicago
(MSD) alleging that International Harvester Company
(Harvester)
had violated Rule 703(a)
of Chapter
3 of the Board’s Water
Pollution Control Rules and Regulations
(Regulations) and Section
12(a)
of the Illinois Environmental Protection Act (Act).
On February 27,
1975 the proceedings herein were stayed
pending the conclusion of the Board’s consideration of a related
proposed regulation.
On November 30,
1978,
subsequent to the
resolution of that regulatory proceeding, the Board vacated the
stay and ordered this enforcement proceeding to hearing.
On
June 12,
1979 WSC Corporation
(WSC),
successor in interest to
Harvester, was joined in the proceeding by the hearing officer
herein.
A hearing was held on June 22,
1979,
at which time the
parties presented a Stipulation and Proposal for Settlement
to
the Board under Procedural Rule
331.
The Board rejected the
Stipulation and Proposal for Settlement on August
23,
1979 and
remanded
it to the parties.
Another hearing was held on February
13,
1980,
at which hearing a second Stipulation and Proposal for
Settlement
(Stipulation) was presented.
—2—
The subject of this enforcement proceeding
is a steel mill
facility known as Wisconsin Steel and in particular the facility’s
coke plant.
Until August
1,
1977 the facility was owned and
operated by Harvester.
After that date the ownership and the
operation of the facility was in WSC.
The complaint generally
alleges discharges of cyanide from the coke plant to a sewer,
owned by the City of Chicago, which then discharges to the sewer
system owned by the MSD, in concentrations which exceeded the
limitations of Rule 703(a)
of the Regulations.
The parties
stipulate that the violation did occur.
The stipulation calls for WSC to achieve compliance with the
Board’s regulations, and with the MSD’s Sewer and Waste Control
Ordinance~by the installation of a CYAM pretreatment system for
the coke plant effluent.
The Stipulation calls for installation
of the pretreatment system within 18 months after the issuance of
construction permits by the Agency but in no event later than
October
30,
1981.
Compliance with Rule 703(a) is scheduled by
December
31, 1981.
The Stipulation also allows for delays due to
circumstances beyond the control of WSC and provides that any
termination of the operation of the coke plant facilities
shall
terminate WSC’s obligation to construct the pretreatmenìt plant.
In addition,
the Stipulation calls
for a penalty payment by
Harvester to the State of Illinois in the amount of $12,000 for
the violations found and a payment by Harvester to MSD in the
amount of $12,000 as reimbursement of costs.
It
is proposed
that WSC pay a penalty to the State of Illinois in the amount of
$5,500 for the violations found and that WSC reimburse MSD in the
amount of $5,500 for costs.
The parties agree that the proposed pretreatment installation
will achieve compliance with the Regulations.
The estimated cost
of the facility is $8—9,000,000.
The Board finds the Stipulation
to be a reasonable resolution of
the situation and hereby
accepts
it and incorporates it by reference as if fully set forth
herein.
The Board notes that the Wisconsin Steel facility
is presently
shut down,
apparently due to financial difficulties incurred by
WSC.
The Board shall,
therefore, on its own motion,
invoke the
provisions of Paragraph 17 of the Stipulation, which. calls for
extension by the Board of the time for compliance for a period
equal to the delay resulting from circumstances beyond the
control of WSC.
The Board shall order the compliance date of
December 31,
1981 to be held in abeyance until such time as WSC
decides to restore the coking operation at the Wisconsin Steel
facility.
This delay
in compliance shall
in no way affect the
other duties of the parties under the Stipulation or the Order
entered herein, including the payment of fines and costs.
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.
—3—
ORDER
1.
International Harvester Company and WSC Corporation are
found
to have violated Rule 703(a) of the Illinois Pollution Control
Board’s rules and regulations,
Chapter
3:
Water Pollution,
and
Section 12(a)
of the Illinois Environmental Protection Act.
The
parties herein shall execute their duties as recited in the
Stipulation and Proposal for Settlement presented to the Board at
the hearing held February
13,
1980,
which Stipulation and Proposal
for Settlement is hereby incorporated by reference as
if fully set
forth herein.
2.
Achievement of the compliance program and compliance
dates contained in the aforementioned Stipulation and Proposal
for Settlement are hereby held in abeyance, pursuant to
Paragraph 17 of the Stipulation and Proposal for Settlement,
until such time
as WSC Corporation restores the coking operation
at the Wisconsin Steel
facility.
3.
International Harvester Company shall pay to the State
of Illinois a penalty
in the amount of $12,000 for the violations
found herein, payment to be made to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois
62706
4.
International Harvester Company shall pay to the
Metropolitan Sanitary District of Greater Chicago the amount of
$12,000 as reimbursement of costs incurred in connection with this
proceeding.
5.
WSC Corporation shall pay to the State of Illinois a
penalty
in the amount of $5,500 for the violations found herein,
payment to be made to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
Illinois
62706
6.
WSC Corporation shall pay to the Metropolitan
Sanitary District of Greater Chicago the amount of $5,500 as
reimbursement of costs incurred in connection with this
proceeding.
7.
The Board shall retain jurisdiction in this matter.
IT
IS SO ORDERED.
—4—
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereby cçrtify that t e above Opinion and Order
were ado~tedon the
M’~
day of
______________,
1980 by a
~
Illinois Pollution Control Boad
