ILLINOIS POLLUTION CONTROL BOARD
December 7,
1995
PEOPLE OF THE
)
STATE OF ILLINOIS,
)
)
Complainant,
V.
)
PCB 96—76
(Enforcement
—
RCRA)
CHEMETCO,
INC.,
)
Respondent.
ORDER OF THE BOARD
(by M. McFawn):
This matter
is before the Board on a two—count complaint
filed October 10,
1995 by the Attorney General of the State of
Illinois, on behalf of the People of the State of Illinois and
the Illinois Environmental Protection Agency,
against Chemetco,
Inc.
(Chemetco),
a Delaware corporation authorized to do business
in Illinois.
The complaint alleges that Chemetco has violated
Section 21(f) (2)
of the Illinois Environmental Act
(Act)
(415
ILCS 5/21(f)(2)(1994))
and 35
Ill. Adm. Code 725.190(b),
725.192(a),
725.213,
725.175,
725.194(a)(2)(B),
725.242(a),
725.243,
725.245,
725.247(a)(b)
(1994).
These sections refer to
the alleged violations of Chemetco’s closure plan corrective
action program and Chemetco’s failure to establish financial
assurance for closure and post—closure of Chemetco’s smelting
facility located near Hartford, Madison County,
Illinois.
On October 20,
1995, Chemetco filed a Motion to Dismiss
arguing that because the Circuit Court of Madison County entered
a consent order on June 30, 1988 between the People of the State
of Illinois and Chemetco, jurisdiction over the instant complaint
continues in the circuit court rather than the Board.
Complainant filed a Response to the Motion to Dismiss on October
27,
1995 arguing,
among other reasons, that the 1988 consent
order does not preclude prosecution of any charges in the
complaint dated October 10,
1995 before the Board.
Subsequently,
on November
7,
1995,
Chemetco filed a request
for oral argument
to expand on the meaning and scope of the consent order.
After reviewing both the motion to dismiss and the response
motion, the Board recognizes that neither party has cited any
persuasive authority in support of either granting or denying
Chemetco’s Motion to Dismiss.
As a result, the Board directs
Chemetco to file a memorandum of law with supporting caselaw by
December 29,
1995 on the issue of whether the 1988 consent order
divests the Illinois Pollution Control Board of jurisdiction
regarding future matters of dispute among the parties.
Additionally, Chemetco may wish to supply the Board with caselaw
on whether the Board may or may not enforce the consent decree
2
and/or the extent Chemetco views the 1995 allegations to be
separate or similar to the 1988 consent order.
The People of the
State of Illinois may file a response to Chemetco’s Memorandum
which should be submitted to the Board by January 12,
1996.
Consequently,
the Board will not rule on Chemetco’s Request
for Oral Argument until the Board has received the parties’
memoranda of law with the supporting caselaw.
Chemetco’s Request
for Oral Argument is therefore held pending receipt of the
parties’ memoranda of law.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board,
hereby certify that the above order was adopted on the
7Z~
day of
___________________,
1995,
by a vote
of
~
(~7
4~
A.
,/J~:;,~
Dorothy M.7~unn,Clerk
Illinois P,óllution Control Board