ILLINOIS POLLUTION
CONTROL BOARD
September
4,
1987
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Petitioner,
V.
)
PCB 87—52
BATTERY BUILDERS,
INC.,
an
Illinois Corporation,
Respondent.
FRED RUTH APPEARREC
ON
BEHALF OF RESPONDENT.
GERALD
T.
KAN,
ASSISTANT ATTORNEY GENERAL, APPEARRED ON BEHALF OF
COMPLAINANT.
OPiNION
AND
ORDER OF THE BOARD
(by
3.
Fiarlin):
This matter comes before
the Board on an April
28, 1967,
Complaint brought
by the Illinois Environmental Protection Agency
(Agency) against Battery Builders,
Inc.
(Battery).
The Complaint
alleges
that Battery operated
its Naperville manufacturing
facility without
an operating permit between June
1,
1973,
and
November
29, 19b1 and that Battery failed
to comply with standard
permit conditions between November 30,
1981, and March
31,
1986.
Hearing
in
tnis
matter was held July
26,
1987,
at
the Board
offices
in Chicago.
No members
of the public attended.
At hearing,
the parties
introduced
a Stipulation
and
Proposal
for Settlement
(Stipulation).
The Stipulation
is
attached
and adequately addresses
the facts
in
this matter.
Accordingly,
this opinion will not contain
the customary
discussion
of
the issues.
Battery admits
to the violations
and
agrees
to pay a penalty of $2,500
to
the Environmental Protection
Trust Fund.
In evaluating
this enforcement action and proposeá
settlement agreement,
the Board
has taken
into consideration all
the facts
arid 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. Adm. Code
103.180.
Accordingly,
the Board orders Battery
to comply with
the Order
set forth
herin.
This Opinion
and Order constitutes
the Board’s
findings of
fact and conclusions of
law
in this matter.
81—43
ORDER
It
is
the Order
of
tue Illinois Pollution Control
Board
that:
1)
The Board hereby accepts
the Stipulation and Proposal
for Settlement executed by Battery Builders,
Inc.
(Battery) and the Illinois Environmental Protection
Agency filed
with the Board
on July
6,
1987.
The terms
and condition
of
the Stipulation
and Proposal
for
Settlement, which
is attached hereto, are incorporated
into
this Order.
2)
Battery has violated:
Count
I:
Section
9(b)
of
the Illinois Environmental
Protection Act
(Act),
Ill. Rev. Stat.
1985,
ch.
1111/2,
par. 1009(b)
and
35
Ill.
Adm.
Code 201.144.
Count
II:
Section
9(b)
of the Act.
3)
~attery
shall,
by certified check
or money order payable
to the State of
Illinois and designated
for deposit into
the Environmental Protection Trust Fund, pay the sum of
S2,500
(Two Thousand Five Hundred Dollars).
The sum
shall
be paid within
30
days
of the date
of this
Order.
The payment
shall
be mailed
to:
Fiscal Services Division
Illinois Environmental Protection Agency
2200 Churchill
Road
Springfield,
IL 62706
IT
IS
SO ORDERED.
I, Dorothy
M.
Gunn, Clerk
of
the Illinois Pollution Control
Board, hereby certify
that
the above Opinion
and Order was
adopted
on
the
-~--‘~‘-
day of
~
,
1987,
by
a vote
of
~-~—-C~
Dorothy
M’. Gunn, Clerk
Illinois Pollution Control Board
81—44
STATE OF ILLINOIS
)
COUNTY OF WILL
THE ILLINOIS POLLUTION ~
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
Complainant,
v.
)
PCB NO.
87-52
BATTERY BUILDERS,
INC.,
an
Illinois corporation,
Respondent.
STIPULATION AND PROPOSAL FOR SETTLEMENT
Now Comes Complainant, Illinois Environmental Protection
Agency,
by its Attorney, Neil
F. Hartigan, Attorney General of
the State of Illinois,
and Respondent,
Battery Builders,
Inc.,
an
Illinois corporation by its attorney Frederick Roth,
and do here-
by submit this Stipulation and Proposal for Settlement.
The
parties agree that the statement of facts contained herein rep-
resents 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 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
~1
—
81—45
“Board”) approves and disposes of this matter on each and every-
one of the terms and conditions of the settlement set forth
herein.
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—1/2,
par.
1001 et
~2•.
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. Respondent,
Battery Builders,
Inc.
(hereinafter “Battery
Builders”)
an Illinois corporation, has caused or allowed the
operation of
a business located at 31 West 328 91st Street,
Naperville,
Will County,
Illinois.
3.
Battery Builders engages
in the manufacturing of in-
dustrial batteries at this facility.
4.
From June
1,
1973 until November 20, 1981 Battery
Builders allowed the operation of its facility without
a valid
Agency operating permit,
in violation of Section 9(b)
of the Act
and Section 201.144 of the Air Pollution Regulations of the Pol-
lution Control Board.
5.
On November 20, 1981 Battery Builders was issued a valid
Agency
operating
permit
for its facility.
The permit allowed
the
—2—
81—46
operation of the following emission sources and/or air pollution
control equipment:
one oxide tank and one paste
mixer
with bag—
house, two grid casting machines and furnaces and one three pro-
cess operation as described in the permit application.
6.
Attached to the operating permit were the Agency’s Stan-
dard Operating Conditions,
including standard condition number
seven
which
stated
as
follows:
The permitee shall maintain a maintenance
record on the premises for each item of air
pollution control equipment. This record shall
be available to any agent of the Environmental
Protection Agency at any time during normal
working and/or operating hours. This record shall
show,
as a minimum,
the:
(a)
date of performance
of,
and nature of,
preventive maintenance,
and
(b) date of any malfunction or breakdown and
the nature of repairs to,
or corrective
measures performed to maintain the perform-
ance
of the equipment.
6.
For the period from November 20,
1981, until March 31,
1986,
Respondent failed to maintain a maintenance and malfunction
record for its baghouse as called for in Standard Operating Con-
dition number seven
in
violation of Section
9(b)
of the Act.
7. Since April
1,
1986 and upto and including the date of
filing of the complaint
in
this action Battery Builders has been
in
compliance with Standard Operating Condition number seven.
PROPOSAL FOR SETTLEMENT
As a result of the settlement discussions between the
parties and actions taken by the Respondent, the parties believe
that the public interest will be best served by resolution of
—3—
81—47
this enforcement action under the terms and conditions 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
purposes of settling this action only and shall be null and void
and of no effect
in any further proceeding or cause of action
if
the Board does not approve this proposal
for settlement in its
entirety.
TERMS OF SETTLEMENT
Battery Builders 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.
The Agency contends and the Respondent admits the facts
as
set
out
in
the
Complaint
constitute
the
following
violations
of
the
Act
and
the
Board
Regulations:
Count
I:
Section
9(b)
of
the
Act
and
35
Iii.
Adm. Code 201.144.
Count
II:
Section
9(b)
of
the
Act.
2.
Respondent
agrees
to
abide
by
all
terms
and
conditions
of
all
operating
permits
issued
by
the
Agency.
3.
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.
8 1—48
4.
The parties enter into this Stipulation and Proposal for
Settlement and Respondent agrees to pay
a penalty specified in
this paragraph in order to avoid the substantial costs, incon-
veniences and uncertainties of
further litigation.
In
order to
resolve this dispute and as
a condition of settlement Respondent
agrees to pay a penalty of two thousand five hundred dollars
($2,500.00)
into 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 Pro-
posal for Settlement.
The Agency deems the payment to
be
appro-
priate to aid in the enforcement of the Act under the circum-
stances of this case.
Factors bearing on this penalty amount in-
clude the prolonged period of non-compliance and the ease with
which compliance could have been achieved.
WHEREFORE,
Complainant and Respondent jointly request that
the Board adopt and accept the foregoing Stipulation and Proposal
for Settlement as written.
ILLINOIS ENVIRONMENTAL
BATTERY BUILDERS,
INC.
PROTECTION AGENCY
By:__________
__________
E~H
~VO~ODA
~AMES
E.
HANS
LIK
M~n~ger, Enforcement
president
DATED:
~/2~/11
81—49
CERTIFICATE OF SERVICE
I,
GERALD T. KARR,
an attorney hereby certify that
I caused
true and accurate copies of the attached Stipulation and Proposal
for Settlement, to be served upon,
Frederick E.
Roth
Patricia
F.
Sharkey
2001 Midwest Road
Hearing Officer
Suite 107 A
6236 North Lakewood
Oak Brook, Illinois 60521
Chicago, Illinois 60660
by causing said copies to be mailed to the addresses indicated
above by first class mail postage pre-paid,
from 100 West Ran-
dolph Street,
Chicago, Illinois 60601 on July
6,
1987.
Qta&~
~.
GERALD T. KARR
81—50