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