ILLINOIS POLLUTION CONTROL BOARD
December 15,
1988
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
PCB 88—124
)
RHEEM MANUFACTURING COMPANY,
)
Respondent.
MR. GERALD THURSBY, ESQ., OF ROOKS, PITTS AND
P01.1ST APPEARED ON
BEHALF OF THE RESPONDENT.
MR. GERALD T. KARR,
ESQ., ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEHALF OF THE COMPLAINANT.
OPINION AND ORDER OF THE BOARD
(by M. Nardulli):
This matter comes before the Board upon
a complaint filed on
August 11,
1988 on behalf of the Illinois Environmental
Protection Agency (hereinafter
“Agency”),
by and through its
attorney, Neil
F.
Hartigan, Attorney General of the State of
Illinois,
against Rheem Manufacturing Company (hereinafter
“Rheem”).
The complaint alleges
that Rheem violated Section 9(b)
of the Act and 35
Ill. Adm. Code Sections 201.141 and 201.144 by
opetating the drum coating line at
its manufacturing plant at
7600
S. Kedzie Avenue, Chicago, Cook County for the period of
January
1,
1986
to November
30,
1987 without a valid Agency
operating permit.
It
is also alleged
that Rheern violated Section
9(a)
of
the Act and Sections 201.141 and 215.204(j)
of the
Board’s Regulations by allowing volatile organic material
emissions from its coating operation to exceed
the limits
contained
in Section 215.204(j)
for the period from January 1,
1986 to November
30,
1987.
Hearing on this matter was held November 29, 1988
in
Chicago, Cook County.
At hearing,
the parties presented a
Stipulation and Proposal for Settlement that had been submitted
with the complaint.
The Stipulation
is
attached and adequately
addresses the facts
in this matter.
Accordingly,
this opinion
will not contain the customary discussion of the issues.
The Board notes that according
to the Stipulation,
Rheem
is
not admitting their liability for violations alleged
in the
Complaint.
Also,
it should
be noted
that Rheem discontinued the
operation of the drum coating
line as
of November
30,
1987.
94—65
—2—
In evaluating
this enforcement action and proposed
settlement agreement, the Board has taken into consideration all
the facts and circumstances
in light of
the specific criteria
delineated in Section 33(c)
of the Act and finds the Stipulation
and Proposal for Settlement acceptable under
35
Ill. kdm. Code
103.180.
Accordingly,
the Board orders Rheem to comply with the
Order set forth herein.
ORDER
It
is the Order of
the Illinois Pollution Control Board
that:
1)
The Board hereby accepts the
Stipulation and Proposal for
Settlement executed by Rheem
Manufacturing Company and the
Illinois Environmental Protection
Agency concerning Rheem’s South
Kedzie Avenue, Chicago, Drum Coating
Line and filed with the Board on
August 11,
1988.
The Stipulation and
the
Proposal
for
Settlement
is
attached
hereto.
2)
Rheem Manufacturing Company by
certified check or money order
payable to the State of Illinois and
designated
for deposit into the
Environmental Protection Trust Fund,
shall pay the sum of $11,250.00
(Eleven thousand,
two hundred and
fifty dollars).
The sum shall be
paid within
30 days of
the date the
Respondent receive notice of
this
order.
The payment shall be mailed
to:
Fiscal Service Division
Illinois Environmental
Protection Agency
2200 Churchill Road
Springfield,
IL
62706
3)
The terms and conditions
of the
Stipulation and Proposed Settlement
are incorporated into and made
a part
of this Order.
IT
SO
ORDERED.
94—66
—3—
I,
Dorothy M Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on the
/5
day of
~
,
1988, by a vote of
1-0
Dorothy
!~i/Gunn, Clerk,
Illinois Pollution Control Board
94—67
STATE OF ILLINOIS
)
)
SS
COUNT’! OF COOK
)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
)
)
Complainant,
)
)
—vs-
)
PCB 88-
)
RHEEN
MANUFACTURING
COMPANY,
)
)
Respondent.
STIPULATION AND PROPOSAL FOR SETTLEMENT
Now comes Complainant,
ILLINOIS ENVIRONMENTAL PROTEC-
TION AGENCY, by its attorney, Neil
F. Hartigan, Attorney General
of the State of Illinois and Respondent, RHEEM MANUFACTURING COM-
PANY, by its attorney,
Rooks, Pitts
& Poust,
and do hereby submit
this Stipulation and Proposal for Settlement.
The parties agree
that the statement of facts contained herein represents a fair
summary of the evidence and testimony which would be introduced
by the parties
if a full hearing were held.
The parties further
stipulate that this statement of facts
is made and agreed upon
for purposes of settlement only and that neither the fact that a
party has entered into this Stipulation, nor any of the facts
stipulated herein,
shall be introduced into evidence
in this or
any other proceeding except to enforce the terms hereof by the
parties to this agreement.
The agreement shall be null and void
unless
the
Illinois
Pollution
Control
Board
(hereinafter
“Board”),
approves
and
disposes
of
this
matter
on
each
and
every
one
of
the
terms
and
conditions
of
the
settlement
setforth
herein.
94—~8l
—
STATEMENT OF FACTS
1.
Complainant, Illinois Environmental Protection
Agency,
(hereinafter “Agency”)
is an administrative Agency
established in the executive branch of the State government by
Section
4 of the Illinois Environmental Protection Act
(hereinafter “the Act”),
Ill. Rev. Stat.,
ch.
111
par.
1001, ~
~
(1985), and charged,
inter alia, with the duty of enforcing
the Act, pursuant to Title VIII thereof and recovering civil
penalties pursuant to Title XII thereof.
2.
Rheem Manufacturing Company
(hereinafter “Rheeni”),
has at all times pertinent hereto transacted business in the State
of Illinois and is located at 7600 South Kedzie Avenue, Chicago,
Cook County, Illinois.
3.
Rheem formerly owned and operated a steel drum
manufacturing facility.
During the manufacturing process air
dried,
interior and exterior coatings are applied by either roll
coating or spray coating.
4.
All the coatings used by Rheem in its operation
contained volatile organic materials
(VON).
5.
rtheem
operated its coating operation pursuant to an
Agency operating permit issued pursuant to a variance proceeding.
(Rheem Manufacturing Co.
v.
IEPA,
PCB 83—79, January 14,
1984).
6.
The permit issued to Rheem allowed operation of its
coating operation without meeting the VOM emission limits
contained in Section 215.204(j)
until January
1,
1986.
—2—
94—69
7.
Rheein
was never issued a renewed operating permit
after the operating permit issued pursuant to the variance pro-
ceeding expired on December 31, 1985.
8.
Rheem continued to operate its drum coating opera-
tion until November 30,
1987 without an operating permit;
at
which time it ceased operation.
9.
Rheem neither admits nor denies the violations of
Sections 9(a)
and 9(b) of the Act and 35 Iii. Adm. Code 201.141,
201.144 and 215.204(j)
of the Board’s Rules and Regulations al-
leged
in
Count
I
and
II
of
the
Complaint.
PROPOSAL FOR SETTLEMENT
As a result of the settlement discussions between the
parties and of actions taken or to be taken by Respondent, the
parties believe the public interest will be best served by
resolution of this enforcement action under the terms
arid condi-
tions provided herein.
This proposal for settlement
is expressly
conditioned
upon
and effective only with the approval thereof in
all
respects
by
the
Board.
All
statements
contained
herein
are
agreed
to
for
the
purposes of settling this action only and shall be null and void
and of no effect for any other purpose.
In the event that the
Board does not approve this proposal for settlement in its en-
tirety, such statements shall be null and void for all purposes
whatsoever.
94—70
—3—
TERNS
AND
SETTLEMENT
Rheem and the Agency have agreed to the following Terms
of Settlement.
These terms shall be in full settlement of the
action filed herein by the Agency and Respondent’s liability for
all violations alleged in the Complaint.
1.
Respondent agrees to cease and desist from any and
all violations of the Illinois Environmental Protection Act and
Rules and Regulations of the Illinois Pollution Control Board at
its drum manufacturing operations located at 7600 South Kedzie
Avenue, Chicago, Cook County,
Illinois.
2.
Respondent agrees to apply for an Agency permit and
notify the Office of the Attorney General, Environmental Control
Division in the event it decides to re-start its drum coating
operation.
3.
The Parties enter into this Stipulation and Proposal
~or Settlement and Respondent agrees to pay a penalty specified in
this
paragraph
in
order
to
avoid
the
substantial
costs,
inconveniences and uncertainties of further litigation.
In order
to resolve this dispute and as a condition of settlement,
Respondent agrees to pay a
penalty
of Eleven Thousand Two
Hundred
and Fifty ($11,250.00)
Dollars to the “Environmental Protection
Trust Fund” within 30 days from the date on which the Board adopts
a
final order approving, accepting and incorporating this
Stipulation and Proposal for Settlement.
—4—
94—71
Payment shall
be made by certified check or money
order
payable to the Environmental Protection Trust Fund and delivered
to:
Illinois
Environmental
Protection
Agency
Fiscal
Services
Division
2200
Churchill
Road
Springfield, Illinois 62706
The Agency deems the payment to be appropriate to aid in the en-
forcement of the Act under the circumstances of this case.
WHEREFORE,
Complaint and Respondent jointly request
that
the
Board
adopt
and
accept
the
foregoing
Stipulation
and
Proposal for Settlement as written.
For Complainant:
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
DATE:
gkston
nt Programs
For
Respondent:
RHEEM MANUFACTURING COMPANY
~
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94—72
—5—
(
\\
BY:
nager
//~
CERTIFICATE OF SERVICE
I,
GERALD
T.
KARR,
an attorney hereby certify that a
true and accurate copy of the attached Notice of Filing, Com-
plaint and Stipulation and Proposal for Settlement was served
upon:
Clifton A. Lake
ROOK,
PITTS
& POUST
55 West Monroe Street
Suite 1500
Chicago,
Illinois 60603
by placing same in an envelope and depositing
in the the U.S.
Mail,
first-class postage pre-paid,
from 100 West Randolph
Street,
Chicago, Illinois 60601 on this 11th day of August,
1988.
Z~Q~1
~•
1~’~
GERALD
T.
KARR
94 —73