ILLINOIS PGLLUTICL~CONTROL BOARD
    July
    16,
    1987
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    )
    PCB 66-92
    G
    & ~ ELECTRIC COMPANY,
    Respondent.
    H. ALFRED
    R~AN,
    ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF OF
    COMPLAINANT; AND
    BRUCE FRIERDICH,
    GORDON
    & GLICKSON,
    P.C.,
    APPEARED ON BEHALF OF
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J.
    Anderson):
    This matter comes before the Board upon
    a five—count
    complaint filed against
    ~
    & ~ Electric Company
    (G
    & W).
    C
    &
    b~
    is
    charged with violations of various provisions of
    the Act and
    Board
    regulations arising
    from storage of hazardous waste.
    The
    initial
    complaint was filed
    on June
    24,
    1986 by the Attorney
    General who was then representing
    the illinois Environmental
    Protection Agency (Agency),
    as complainant.
    On May 6,
    1987,
    the
    Attorney General
    filed
    a motion for leave to amend
    the
    complaint.
    The sole amendment sought was substitution of the
    People of
    the State
    of
    Illinois as complainant
    in lieu
    of
    the
    Agency.
    The motion recited
    that the reason
    for
    the substitution
    was the Agency’s refusal
    to concur with the penalty proposed
    in
    a
    stipulation of facts and proposal
    for settlement agreed
    to by the
    Attorney General
    and G
    &
    ~.
    This Stipulation,
    also filed May
    6,
    1987,
    proposes
    a penalty of $2,000;
    the motion
    to substitute
    further
    recites that
    the Agency considered
    this sum (roughly 80
    of the Agency’s initial demand)
    insufficient.
    The Board granted
    leave
    to
    amend
    the complaint on May 14,
    1987.
    The stipulation and proposal
    for settlement were presented
    at hearing
    held
    on May 27,
    1987,
    at which no members
    of the
    public were present.
    The hearing transcripts were filed with the
    Board
    on June
    11,
    1987.
    C
    & ~ Electric Company
    is
    an Illinois corporation
    wiiich
    conducts
    its business at
    its site located
    at 3500 West 127th
    Street, Blue Island, Cook County,
    Illinois
    (Blue
    Island Site).
    G
    & W manufactures
    power cable terminators,
    splices, switches and
    other electrical
    equij~merit.
    G
    & ~
    is
    a small quarttit~generator
    of hazardous waste.
    From time
    to time since December
    17,
    1983,
    79-28

    —2—
    hazardous wastes
    in
    the
    form of paint and solvent
    sludge have
    been stored on the facility.
    Count
    I
    of
    the complaint alleges that C
    & ~ has conducted
    these activities without
    a RCRA permit
    in violation of
    Section
    2l(f)(l)
    of
    the Act.
    Count
    II alleges that G
    & ~ never
    obtairieã
    or submitted analyses of these stored wastes
    to the Agency,
    in
    violation of Section 2l(f)(2) of the Act and
    35 Ill.
    Adm. Code
    725.113.
    Count
    III alleges that G
    & W failed to submit
    to the
    Agency a contingency plan addressing
    the hazards from possible
    spills of hazardous wastes in violation of Section 21(f)(2) of
    the Act and
    35
    Ill. Mm.
    Code Section 725.151(a).
    Count
    IV
    alleges that
    G
    & W has failed
    to submit
    to the Agency
    an
    approvable closure plan
    for
    its facility,
    in violation of Section
    21(f)(2)
    of
    the Act, and 35
    Ill. Mm.
    Code 725.211.
    Count V of
    the complaint alleges that C
    & ~ has failed
    to submit
    an annual
    report
    for
    the years
    1983—1985 describing
    inter alia the
    characteristics and quantities of
    the hazardous waste, and
    it’s
    method of
    storage
    in violation of Section 21(f)(2)
    and 35
    Ill.
    Mm.
    Code 725.175.
    The parties
    jointly stipulated that G
    & ~ has never
    submitted
    an annual report,
    but that on January
    14,
    1987 that G
    &
    W submitted
    a closure plan
    to the Agency.
    At hearing,
    G
    &
    ~
    stated that this plan has been accepted and approved by the
    Agency.
    R.l3.
    G
    & ~ asserts that
    its storage activities were the
    result of difficulties with
    its waste handler, which resulted
    in
    the accumulation
    “in excess
    ot 20-30 drums of hazardous waste
    in
    1983”, but that it has since properly removed and disposed
    of
    these wastes.
    C
    & ~ additionally asserts
    that “at all other
    times pertinent
    to the instant action, that
    it)
    has complied
    with the regulations applicable
    to small quantity generators of
    hazardous wastes”.
    The parties propose settlement
    of
    this action on
    the
    following
    terms:
    1)
    that G
    &
    T~
    admits
    to violation of
    the annual
    report requirements,
    2)
    that G
    & ~ will submit annual reports
    for
    the years 1983,
    1984 and 1985,
    3)
    that G
    & W agrees
    to cease and
    desist from further violations,
    and
    4)
    that
    G
    & W will pay
    a
    stipulated penalty of $2,000
    into the Environmental Protection
    Trust
    Fund.
    The Board
    is required
    to evaluate proposed stipulations and
    settlements
    in light of the various factors listed
    in Section
    33(c)
    of the Act.
    This case presents yet another
    instance
    in
    which
    the Board’s ability
    to make such an evaluation is impeded
    by the nature and content of the stipulation presented
    to
    it.
    While the Board
    is invited
    to make
    a
    finding of violation of the
    annual
    report requirement on the basis
    of G
    &
    ~‘s admission,
    the
    terms of the stipulation preclude
    the Board from reaching the
    merits
    of the other
    allegations.
    On
    the
    basis
    of the limited
    information available
    for the Board’s consideration,
    the Board
    finds
    the stipulation
    ana proposed $2,000 penalty acceptable.
    The Board notes however, that
    the provision of the stipulation
    79-29

    requiring
    the filing
    of
    the
    late
    annual
    reports does not contain
    a date for
    their
    filing.
    As
    an open—ended order
    is nearly
    unenforceable,
    the Board will insert
    the requirement that these
    reports
    be filed within
    60 days,
    notwithstanding the
    stipulation’s standard provision that
    it
    is “null
    and void...if
    the Board does not approve this proposal...in its entirety..”
    If
    this time frame
    is unacceptable,
    the parties may suggest
    a more
    appropriate date by way of motion for recon.sideration~
    This Opinion constitutes the Board findings of fact and
    conclusions of law in this matter.
    ORDER
    1.
    Respondent,
    C
    & W Electric Co.
    is found in violation of
    Section 2l(f)(2) of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1985,
    ch.
    111 1/2 par. 2l(f)(2), and
    35 111.
    Adm.
    Code 725.175.
    2.
    The Board hereby accepts
    the
    Nlay
    6,
    1987 stipulation
    arid
    proposal for settlement,
    which
    is attached hereto and
    incorporated herein.
    3.
    Respondent
    shall cease
    and desist from all further violations
    of
    the Act and Board regulations
    at its
    Blue Island
    Site.
    4.
    Within
    60 days
    of the date of this Order, Respondent shall:
    submit
    to the Agency annual reports (providing estimates
    where actual amounts
    are
    not available)
    for generation of
    hazardous waste
    for the years 1983,
    1984 and 1985.
    These
    reports shall
    be submitted
    to:
    Eugene Theos
    Compliance Monitoring
    Illinois Environmental Protection Agency
    Division of
    Land Pollution Control
    2200 Churchill Road
    Springfield,
    IL
    62706
    5.
    within
    30 days of the date of this Order, Respondent shall
    pay
    a stipulated penalty of
    two thousand dollars
    ($2,000).
    This payment, which
    shall
    be made by certified check or money
    order payable
    to the State of
    Illinois and designated for
    deposit into the Environmental Trust Fund,
    shall
    be sent to:
    Illinois Environmental Protection Agency
    Fiscal
    Services Division
    2200 Churchill Road
    Springfield,
    IL
    62706
    IT
    IS SO ORDERED.
    79-30

    —4—
    J.
    T. 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
    /~Z-dayof
    ~
    ,
    1987,
    by
    a vote
    of~-/_.
    j
    ~
    i~.
    ~
    Dorothy
    M.
    Gu~’nn, Clerk
    Illinois Pollution Control Board
    79-3 1

    C~
    CO
    t~it
    ~
    BEFORE THE ILLINOIS POLLUTION CONTROL
    STATE OF
    ILLINOIS
    NAY
    6
    t98T
    PEOPLE
    OF THE STATE
    OF
    ILLINOIS,
    ________________
    ~
    1TATE~~thS
    Complainant,
    )
    _~~-
    BPARD
    vs
    )
    PCB 86-92
    G & W ELECTRIC COMPANY,
    Respondent.
    )
    STIPULATION OF FACTS AND PROPOSED SETTLEMENT
    NOW COMES
    Complainant,
    through
    its attorney
    Neil
    F.
    Hartigan,
    Attorney
    General
    of the State of Illinois,
    and Respondent,
    G
    & W
    Electric Compa-
    ny,
    an
    Illinois
    corporation,
    by
    its
    attorney
    Sanford
    M.
    Stein,
    and
    respectfully submit the following Stipulation of Facts and Proposed Set-
    tlement (“Stipulation”).
    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.
    STATEMENT OF FACTS
    1)
    Complainant
    is represented by the Attorney General,
    a constitution-
    al
    officer empowered to bring actions
    to enforce the provisions
    of
    the Illinois Environmental
    Protection Act
    (“Act”),
    Ill.
    Rev.
    Stat.
    1985,
    ch.
    111
    1/2,
    para.
    1001
    et ~
    and
    charged,
    inter
    alia,
    with
    the duty of enforcing
    the Act pursuant
    to Title
    VIII
    of
    the
    Act.
    2)
    Respondent
    is
    an
    Illinois
    corporation
    which
    manufactures
    power
    cable
    terminators,
    splices,
    switches
    and
    other
    electrical
    equip-
    ment.
    At
    all
    times
    pertinent to the
    instant
    action,
    Respondent’s
    1 of
    5
    79-32

    activities
    have been
    conducted
    at
    3500 West
    127
    Street,
    Blue Is-
    land,
    Cook County,
    Illinois (“Blue
    Island Site”).
    3)
    Respondent
    is
    a generator of hazardous waste,
    and
    has notified
    the
    United
    States
    Environmental
    Protection
    Agency
    (“USEPA”)
    of
    that
    fact.
    4)
    The Blue Island Site
    is an
    individual generation
    site as defined
    by
    35
    Ill.
    Adm. Code 720.110.
    From time to time,
    since December
    17,
    1983,
    hazardous wastes
    in the form of paint and solvent sludge have
    been
    stored
    on
    the
    Blue
    Island
    site,
    however,
    the
    site
    is
    not
    a
    hazardous waste disposal facility.
    5)
    On January
    14,
    1q87,
    Respondent
    submitted
    a
    closure
    plan
    for
    its
    storage activities
    to
    the Complainant
    and
    to the Illinois Environ.-
    mental
    Protection Agency
    (hereinafter
    “Agency).
    6)
    Respondent
    has
    never
    submitted
    an
    Annual
    Report
    of
    its
    hazardous
    waste generating
    and storage
    activities
    to
    the
    Complainant
    or
    to
    the Agency.
    7)
    Complainant
    asserts
    that
    the
    acts
    and
    omissions
    described
    above
    constitute
    violations
    of
    §
    21(f)(2)
    of
    the
    Act,
    Ill.
    Rev.
    Stat.
    1985,
    ch.
    111
    1/2, para.
    21(f)(2); and
    a violation of
    35
    Ill.
    Adm.
    Code 725.175.
    2
    of
    5
    79-33

    8)
    Respondent
    asserts the following:
    a)
    Respondent
    is
    a
    small
    quantity generator of hazardous waste
    as
    defined
    in 35
    Iii.
    Adni. Code 721.105.
    b)
    Due to
    difficulties with
    their waste
    handler,
    Respondent ac-
    cumulated
    in
    excess
    of
    20-30
    drums
    of
    hazardous waste
    during
    1983.
    c)
    Respondent has properly removed and disposed of the accumulated
    drums of hazardous waste.
    d)
    At
    all
    other times pertinent to
    the instant
    action, Respondent
    has complied with
    the regulations applicable
    to
    small
    quantity
    generators of hazardous wastes.
    PROPOSAL
    FOR SETTLEMENT
    As
    a
    result
    of
    the
    settlement discussions between
    the parties
    and
    of the actions taken
    by Respondent,
    the parties believe that the public
    interest will
    be
    best
    served
    by
    resolution
    of this
    enforcement
    action
    under the terms
    and conditions provided herein.
    This proposal
    for set-
    tlement
    is
    expressly
    conditioned
    upon
    and
    effective
    only with the ap-
    proval
    thereof
    in
    all
    respects
    by the Illinois Pollution Control
    Board
    (“Board”).
    All
    statements contained herein
    are agreed
    for purposes of
    settling
    the instant 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.
    The parties
    further stipulate that the
    statement of
    facts listed
    above
    is made
    and
    3
    of
    5
    79.34

    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 of the Proposal For Settle-
    ment
    and
    Terms
    of
    Settlement
    (~Agreement”) contained
    herein.
    This
    Agreement shall
    be null
    and void unless
    the Board approves and disposes
    of this matter on each
    and every one of the terms
    and conditions of the
    Agreement set forth.
    TERMS OF SETTLEMENT
    Complainant
    and
    Respondent
    have
    agreed
    to
    the
    following Terms
    of
    Settlement.
    These terms
    shall
    be
    in
    full settlement
    of the
    instant ac-
    tion,
    and
    of
    Respondent’s
    liability
    for
    the
    violation
    acknowledged
    herein.
    1)
    Respondent admits
    to violations of
    §
    21(f)(2) of the Act,
    Ill.
    Rev.
    Stat.
    1985,
    ch.
    111
    1/2,
    para.
    21(f)(2); and a violation of 35
    Ill.
    Adm.
    Code 725.175,
    as
    set
    forth
    in the Complaint filed
    in
    the in-
    stant action.
    2)
    Respondent
    agrees
    to
    cease
    and desist
    from all
    further violations
    of the Act and Board rules and regulations
    at
    its Blue Island Site.
    3)
    Respondent agrees
    to
    a)
    submit
    to Complainant annual reports (providing estimates where
    actual
    amounts are not available)
    for generation
    for the years
    1983,
    1984,
    1985.
    4 of
    5
    79.35

    4)
    The parties enter
    into this Agreement and Respondent
    agrees to
    pay
    the penalty specified
    in this paragraph
    in order
    to
    avoid the sub-
    stantial
    costs, inconveniences and uncertainties of further litiga-
    tion.
    In
    order to resolve this dispute and as
    a condition of set-
    tlement, Respondent agrees
    to pay a penalty of two thousand dollars
    ($2,000.00)
    into
    the
    Environmental
    Protection
    Trust
    Fund
    within
    thirty
    (30)
    days from
    the date on which
    the Board
    adopts
    a
    final
    order
    approving,
    accepting,
    and
    incorporating
    this
    Stipulation.
    Complainant deems
    the payment to be
    appropriate
    to
    aid
    in
    the en-
    forcement of the Act under the circumstances of this case.
    WHEREFORE,
    Complainant
    and
    Respondent
    jointly
    request
    that
    the
    Board
    adopt
    and accept
    the foregoing
    Stipulation
    and
    Proposal
    for Settlement
    as written.
    For Complainant:
    For Respondent:
    PEOPLE OF
    THE STATE
    OF
    G&W ELECTRIC COMPANY
    ILLINOIS
    By
    :7~d4~~
    ~
    By
    :,~6~—
    ALFRED RYAN
    Assistant Attorney General
    5 of
    5
    79.36

    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    PEOPLE OF THE STATE OF
    ILLINOIS,
    Complainant,
    )
    PCB 86-92
    vs
    G & W ELECTRIC COMPANY,
    Respondent.
    )
    AFFIDAVIT
    H. ALFRED RYAN,
    being duly sworn on oath,
    deposes and
    says as follows:
    1)
    I
    know
    of my
    personal
    knowledge
    that the
    facts
    set
    forth
    in
    the
    foregoing “Stipulation Of Facts And Proposed Settlement,”
    are true
    and correct
    in
    all material respects.
    FURTHER AFFIANT SAYETH NOT.
    7
    SUBSCRIBED AND SWORN TO
    BEFORE ME ON MAY
    6,
    1987
    (?~ç~.
    ~E
    79.37

    PROOF
    OF SERVICE
    I,
    H. ALFRED RYAN,
    being duly sworn and under oath do
    state that on May
    6,
    1987,
    I
    served
    a
    copy of the forgoing
    Notice
    and
    a
    Stipulation
    Of
    Facts
    And
    Proposed
    Settlement
    on the
    persons listed on
    the Notice of
    Filing
    by
    placing
    a
    copy
    in
    an envelope addressed
    to
    said
    person,
    by
    first
    class
    mail,
    postage prepaid,
    and depositing
    for
    pick
    up
    in
    the
    U.S.
    Postal Service,
    100 West Randolph Street, Chicago,
    Illinois 60601.
    SUBSCRIBED AND SWORN TO
    BEFORE ME ON MAY 6,
    1987
    c~T~
    c~~:I-~~
    N~rARYPUBt1C
    79.38

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