ILLINOIS POLLUTION CONTROL BOARD
    December 13, 1979
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    )
    v.
    )
    PCB 78—237
    LENNON WALL PAPER COMPANY, a Delaware
    corporation, qualified to do business
    )
    in Illinois,
    Respondent.
    Ms. Nancy Bennett, Assistant Attorney General, appeared for
    the Complainant;
    Mr. Thomas Feehan; Thomas, Wallace, Feehan & Baron Ltd.,
    appeared for the’Respondent.
    OPINION AND ORDER OF THE BOARD (by Mr. Dumelle):
    This matter comes before the Board upon a Complaint
    filed by the Environmental Protection Agency on August 30,
    1978, against the Lennon Wall Paper Company. The Complaint
    alleged that Respondent discharged contaminants to waters of
    the State without an NPDES permit in violation of Rule 901
    of Chapter 3: Water Pollution Regulations and Sections
    12(a), 12(b) and 12(f) of the Environmental Protection Act.
    A hearing was held on January 23, 1979 during which the
    Agency entered Exhibits Nos. 1 through 4 into the record as
    evidence of violations alleged in the Complaint. During a
    subsequent hearing, on July 9, 1979, the parties indicated
    that a settlement had been finalized and submitted a Stipulation
    and Proposal for Settlement for approval by this Board. No
    members of the public were present at either hearing.
    Lennon Wall Paper Company owns and operates a manufacturing
    facility in Joliet, Illinois which is engaged in printing
    and application of adhesives to wallpaper. The wallpaper
    manufacturing facility generates approximately 10,000 gallons
    of wastewater per day from clean—up operations which is
    discharged and accumulated in two storage lagoons on Respondent’s
    property. Periodically, the wastewater is removed to tank
    —2—
    trucks for ultimate disposal in a landfill. However, the
    Stipulation indicates that highly contaminated water containing
    • high levels of BOD~,copper, iron, managanese, phenols and
    total dissolved soTids have escaped from the lagoons overflowing
    into the waters of the State. The parties to this settlement
    stipulate that the discharge from Respondent’s lagoons
    occurred without an NPDES permit.
    As a result of negotiations, Lennon agreed to construct
    a waste pretreatment facility to allow for settling and
    coagulation of contaminants before it is discharged to a
    City of Joliet sanitary sewer. The Respondent contemplates
    construction of duplicate storage tanks each to receive
    approximately 1,200 gallons of raw wastewater on alternate
    days, two reaction tanks to allow for coagulation and an
    effluent mixing tank for pH adjustment. The Respondent
    anticipates completion of the pretreatment facility by
    December 30, 1979.
    In this settlement, the parties stipulate and agree
    that Lennon shall paya total penalty of $3,000.00 for the
    violations stipulated to in the settlement.
    The settlement agreement is conditioned upon acceptance
    by the City of Joliet of the cyanide, phenol, ammonia and
    mercury levels discharged from the proposed pretreatment
    facility. In the event that the City of 3oliet refuses to
    accept the effluent from the Lennon pretreatment facility,
    Respondent shall cease and desist from further violations of
    the Act and Board regulations.
    The Board notes that the Settlement Agreement requires
    Respondent to obtain all Agency permits for the construction
    of any pretreatment facility. Respondent has complied with
    this requirement; the Agency having issued a construction
    permit for the facility on September 7, 1979.
    In view of the Stipulation and Proposal for Settlement
    and the exhibits entered into the record, the Board finds
    that Respondent Lennon Wall Paper Company in violation of
    Rule 901 of Chapter #3: and Sections 12(a), 12(b) and 12(f)
    of the Act, for discharging highly contaminated wastewater
    to the waters of the State.
    The Board has considered the application of the requirements
    of Section 33(c) of the Act to the facts and circumstances
    and finds that the Stipulation is acceptable under Procedural
    Rule 331. Respondent Lennon Wall Paper Company shall adhere
    to all provisions and terms of the settlement. The Board
    further finds that the $3,000.00 penalty is adequate to
    aid in the enforcement of the Act.
    This Opinion constitutes the Board’s findings of fact
    and conclusions of law in this matter.
    —3--
    ORDER
    1. Respondent, Lennon Wall Paper Company, is found to
    have violated Rule 901 of Chapter 3: Water Pollution
    Regulations and Sections 12(a), 12(b) and 12(f) of
    the Environmental Protection Act on numerous
    occasions by discharging contaminated wastewater
    to the waters of the State without an NPDES permit.
    2. Respondent, Lennon Wall Paper Company, shall
    adhere to all provisions and terms of the Settlement
    Agreement which is incorporated by reference as if
    fully set forth herein.
    3. Respondent, Lennon Wall Paper Company, shall pay a
    penalty of $3,000.00 within 35 days of this Order.
    Payment shall be certified check or money order
    payable to:
    State of Illinois
    Fiscal Services Division
    Environmental Protection
    Agency
    2200 Churchill Road
    Springfield, Illinois 62706
    IT IS SO ORDERED.
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify the above Opi ion and Order
    were adopted on the
    ______________
    day of 4JJt.A#w.4~t
    l979byavoteof
    ~
    ük&~9m~4i~
    Christan L. Moffe’t~jJClerk
    Illinois Pollution ~ontrol Board

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