ILLINOIS POLLUTION CONTROL BOARD
    June 2, 1988
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 86—184
    NATIONAL ELECTROPLATING, LTD.,
    )
    an Arizona Corporation, ALLEN G.
    )
    SKJOLDAGER, individually and
    )
    d/b/a National Electroplating, Ltd.,
    )
    Respondents.
    MS. DIANE ROSENFELD LOPATA, ASSISTANT ATTORNEY GENERAL, AND MR.
    DONALD GIMBEL, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ATTORNEY,
    APPEARED ON BEHALF OF COMPLAINANT.
    MR. ALLEN G. SKJOLDAGER APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD (by R. C. Flemal):
    This matter comes before the Board upon a three—count
    complaint filed October 22, 1986 by the Illinois Attorney
    General’s Office on behalf of the Illinois Environmental
    Protection Agency. Hearing was held April 29, 1988, at which
    time a Stipulation and Proposal for Settlement (“Stipulation”)
    submitted and read into the record. The Stipulation addresses
    the facts and proposed terms of settlement in this matter.
    The Board has considered all the facts, circumstances, and
    the proposed settlement in light of the criteria set forth at
    Ill. Rev. Stat. ch. l111/2par. 1033(c) and finds the Stipulation
    acceptable under 35 Ill. Adm. Code 103.180.
    Accordingly,
    the
    Board will accept the Stipulation and order that its terms be
    carried out.
    This Opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    ORDER
    The Board hereby accepts the Stipulation and Proposal for
    Settlement, a copy of which is attached and incorporated by
    reference as if set forth in full and directs that its terms be
    carried out.
    90—11

    —2—
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted on the ~2#~d day of
    ______________,
    1988, by a vote
    of
    _________.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    90—12

    LV
    Th~
    STATE OF ILLINOIS
    )
    MAY —4 I98t~
    H
    COUNTY OF KANE
    )
    ~~TATEO~iLLINOIS
    !oauTIo?~
    CONTROL BOARD
    BEFORE
    THE ILLINOIS POLLUTION CONTROL BOARD
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    )
    Complainant,
    —Vs—
    )
    PCB 86—184
    NATIONAL ELECTROPLATING, LTD., an
    )
    Arizona Corporation, ALLEN G. SKJOLDAGER,
    )
    Individually and d/b/a National
    )
    Electroplating, Ltd.,
    )
    Respondents.
    STIPULATION AND PROPOSAL POR SETTLEMENT
    NOW COMES Complaint, Illinois Environmental Protection
    Agency (“the Agency”), by and through its Attorney Neil F. Harti-
    gan, Attorney General of the State of
    Illinois,
    and Respondent,
    NATIONAL ELECTROPLATING, and ALLEN J. SKJOLDAGER, by and through
    its Attorney Allen J. Skjoldager and do hereby submit this
    Stipulation and Proposal for Settlement. This stipulation and
    proposal for settlement is submitted pursuant to Section 103.180
    of the Illinois Pollution Control Board Rules and Regulations,
    subtitle A: General Provisions, 35 Ill. Adrn. Code 103.180. The
    parties agree that the following statement of facts and proposal
    for settlement is stipulated and agreed to for the purposes of
    settlement only and shall be null and void and of no effect in
    the event that the Board fails to accept each and every term and
    condition set forth.
    The parties further agree that the interest of the pub-
    lic and the parties hereto will best be served by the resolution
    9O~1~

    of this proceeding without further litigation under the terms and
    conditions provided herein, and they offer the stipulation and
    proposal for settlement in lieu of an evidentiary hearing.
    I.
    JURISDICTION
    The
    Board has jurisdiction
    of the subject matter herein
    and of the parties consenting hereto pursuant to the Illinois
    Environmental Protection Act, Ill.Rev.Stat. (1985) ch. 111 1/2,
    par. 1001 et ~
    II.
    AUTHORIZATION
    The undersigned representatives for each party certify
    that they are fully authorized by the party whom they represent
    to enter into the terms and conditions of this Stipulation and
    Prol •3al for Settlement and to legally bind them to it.
    III.
    STATEMENT OF FACTS
    For the purposes of settlement only, the parties hereby
    stipulate and agree to the following:
    1. Respondent National Electroplating, Ltd. (“Nation-
    al”) is an Arizona corporation licensed to do business in Il-
    linois that has engaged in the business of electroplating metals
    in the State of Illinois.
    90—14
    —2—

    2. Respondent Allen G. Skjoldager (“Skjoldager”) was
    at all time relevant hereto the president and principal
    shareholder of National and directly controlled all of National’s
    operations and activities.
    3. On or about October 6, 1985, National and
    Skjoldager entered into a lease for the rental of a building or
    buildings located at 951 South Raymond Street and/or 363 Bluff
    City Boulevard, Elgin, Illinois (the “Site”).
    4. On or about October 6, 1985, National and Skjol—
    dager transported various plating solutions, chemicals and
    equipment used or generated in National’s plating operations.
    The solutions, chemicals and equipment were moved from National’s
    prior operating location into the warehouse building or buildings
    on the Site. The materials transported to the site include but
    are not limited to those shown on the inventory list and ware-
    house diagram which are attached hereto as Exhibit A.
    5. Some of the materials transported on to the site
    were wastewater treatment sludges or spent cyanide plating bath
    solutions from National’s electroplating operations.
    6. Agency inspection of National’s plating solutions,
    chemicals and other materials at the Site showed that some of
    them were hazardous wastewater treatment sludges and hazardous
    spent cyanide plating bath solutions from electroplating
    solutions.
    90—15
    —3—

    7. National and Skjoldager have never obtained any
    Agency permits for transportation of the hazardous solutions or
    chemicals.
    8. National and Skjoldager have transported hazardous
    waste without necessary permits in violation of Section 21(g) of
    the Act, Ill.Rev.Stat. ch. ill 1/2, par. 1021(g) (1985).
    9. National and Skjoldager have never obtained any
    Agency permits for their transportation of solutions and
    chemicals to the Site or for their storage, abandonment or dis-
    posal of the solutions and chemicals at the Site.
    10. National and Skjoldager have transported to the
    site and stored, abandoned
    or disposed of the solutions and
    chemicals at the site without obtaining
    any Agency permits.
    11. Respondent has to date, cleaned up and removed the
    wastes from the premises and has expended approximately
    $17,152.85 in so doing.
    12. Respondent Skjoldager pleaded guilty to the
    offense of unauthorized use of hazardous waste, Chapter lii 1/2,
    §44D(1) (d) and removed all the hazardous waste from the premises
    pursuant to court order of the Kane County Circuit Court in the
    cause captioned People of the State of Illinois v. Allen
    Skjoldager, No. 86 CF 706.
    13. National Electroplating, Ltd. has declared bank-
    ruptcy in the United States Bankruptcy Court for the Northern
    District of Illinois, Eastern Division in Case No. 86 B 03185.
    —4—
    90—16

    PENALTY
    Now therefore, the Agency agrees to settle and compro-
    mise the controversy pending between National Electroplating, and
    Allen Skjoldager in consideration for payment as specified in
    Paragraph (a) or (b) below:
    (a) Payment can be made in full amount of $3,000
    within 30 days of this Order, or;
    (b) Payment may be made in quarterly installments over
    a two year period in the amount of $437.50 per
    payment, total payment in the amount of $3,500.00.
    Payment shall commence within 30 days of entry of
    this Order.
    In either event, payment shall be made by check payable
    to the “Environmental Protection Trust Fund:”
    The Agency does not, however, in any manner represent,
    waive or relinquish
    any
    claim or claims
    it now has or hereafter
    may have
    against any other persons, firms or corporations other
    than in connection with
    the aforesaid allegations set forth 4~—.
    above, nor does it waive or release any rights, or
    claims or claims it now has or may have against National Elec-
    troplating, Ltd. with regard to any actions, conditions or situa-
    tions that may now exist or hereafter come into being at National
    Electroplating apart from the alleged acts and omissions set
    forth in the paragraphs above.
    5
    90-17

    IN WITNESS THEREOF:
    I~TNOIS ENVIRONMENTAL
    PROTECTION AGENCY
    dlstob
    NATIONAL ELECTROPLATING
    ,
    LTD.
    (~~:1:~~
    -~ 1/-
    ALLEN G. SKJ,ØLDAGER
    6
    90—18

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