ILLINOIS POLLUTION CONTROL BOARD

December 16,

1993

PEOPLE OF THE STATE

)

OF ILLINOIS,

)

Complainant,

)

V.

)

PCB 93—214

)

(Enforcement)

HANDY

& HARMAN,

)

a New York Corporation,

)

)

Respondent.

OPINION

AND

ORDER OF THE BOARD

(by C.A. Manning):

This matter

comes

before the Board upon

a

complaint filed

November 10,

1993,

by Roland W. Burns,

Attorney General of the

State

of

Illinois,

on

behalf

of

the

Illinois

Environmental

Protection Agency and the People of the State of Illinois, against

Handy

& Harinan,

a New York Corporation operating a facility located

at

1900 Estes Avenue,

Elk Grove Village,

Cook County,

Illinois.

The complaint alleges that Handy

& Harman has violated Sections

21(i) of the Illinois Environmental Protection Act (Act), 415 ILCS

5/21(i) and 35

Ill.

Adm. Code 722.141(a)

of the Board’s rules.

Pursuant to 415

ILCS

5/31(a) (1),

a

joint Motion requesting

relief from the Act’s hearing requirement was filed by the parties

on November 10,

1993.

Notice of the waiver was published by the

Board on November 17, 1993; no objection to grant of the waiver

was

received.

Waiver of hearing is hereby granted.

A

Stipulation

and

Settlement

Agreement

was

filed

by

the

parties on November

10,

1993.

The Stipulation sets forth facts

relating to the nature,

operations and circumstances surrounding

the claimed violations.

Handy

& Harman admits the alleged viola-

tions and agrees to pay

a civil penalty

of twenty-five thousand

dollars

($25,000.00).

The Board finds the Settlement Agreement acceptable under

35

Ill. Adm. Code 103.180.

However, pursuant to Section 103.180(c),

we are suggesting a revision to the agreement and redirecting the

payment of the $25,000 penalty from the Hazardous Waste Trust Fund

to the Environmental Protection Trust Fund.

The Board is generally

authorized to approve the payment of penalties for violations of

the Act or corresponding regulations to the Environmental Protec-

tion Trust Fund (415 ILCS 5/42(a)), and, inter qua, is specifical-

ly authorized to direct penalties to the Hazardous Waste Fund for

violations of Sections 42(f) and 22.2(k).

(415 ILCS 5/42(f) and 415

ILCS 5/22.2(k).)

Though the instant case involves violations of

“hazardous waste” reporting requirements, the complaint does not

---

2

allege violations of either Section 42(f)

or 22.2(k), but instead

is brought pursuant to Section 21(i)

of the Act and 35 Ill. Adm.

Code 722.141(a).

This

Settlement Agreement

in

no way

affects

respondent’s

responsibility to comply with any federal, state or local regula-

tions,

including

but

not

limited

to

the

Act

and

the

Board’s

pollution control regulations.

This opinion constitutes

the Board’s

findings

cf

fact and

conclusions of law in this matter.

ORDER

1)

The Board hereby accepts the Stipulation and Settlement

Agreement executed by the People of the State of Illinois

and Handy

& Harman, concerning its operations located in

Elk Grove Village,

Cook County,

Illinois.

The Stipu-

lation

and

Settlement

Agreement

are

incorporated

by

reference as though fully set forth herein.

2)

The

Handy

&

Harman

shall

pay the

sum

of

twenty-five

thousand dollars ($25,000.00) within 30 days of the date

of this Order.

Such payment shall be made by certified

check

or money

order payable to the Treasurer of

the

State

of

Illinois,

designated

to

the

Environmental

Protection Trust Fund,

and shall be sent by First Class

mail to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

P.O. Box 19276

Springfield, IL 62794—9276

Handy

&

Harman

shall

also write

its

Federal Employer

Identification Number or Social Security Number on the

certified check or money order.

Any such penalty not paid within

the time prescribed

shall incur interest at the rate set forth in subsection

(a)

of Section 1003 of the Illinois Income Tax Act,

(35

ILCS 5/1003), as now or hereafter amended, from the date

payment

is

due

until

the

date

payment

is

received.

Interest

shall

not

accrue

during

the

pendency of

an

appeal

during

which

payment

of

the

penalty has

been

stayed.

3)

Handy

& Harman shall cease and desist from the alleged

violations.

IT IS SO ORDERED.

---

3

3.

Theodore Meyer concurred.

Section 41 of the Environmental Protection Act (415 ILCS 5/41)

provides for the appeal of final Board orders within 35 days.

The

Rules

of the Supreme Court of Illinois establish filing require-

ments.

(See also 35 Ill.

Adin. Code 101.246, Motion for Reconsider-

ation.)

I,

Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, here~certify that the above opinion and order was adopted

on the

//~‘~

day of

___________________,

1993, by a vote of

7—~

Ill

Control Board