ILLINOIS POLLUTION CONTROL BOARD
    October
    15,
    1987
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Complainant,
    vs
    )
    PCB 86—167
    THE STEEL COMPANY,
    Respondent.
    DIANE ROSENFELD LO PATA, ASSISTANT ATTORNEY,
    APPEARED ON BEHALF
    OF COMPLAINANT, AND
    RICHARD
    3.
    KISSEL
    (MARTIN, CRAIG, CHESTER
    & SONNESCHEIN),
    APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by
    3.
    Anderson):
    This matter comes before
    the Board
    on the October
    6,
    1986
    complaint filed by the Illinois Environmental Protection Agency
    (Agency)
    against The Steel Company
    (Company).
    The Steel Company (formerly known as the Chicago Steel
    and
    Pickling Company),
    operates a facility at 12500
    S.
    Stony
    Island
    Avenue, Chicago, Illinois, engages
    in the cleaning and cutting
    of
    coil
    steel, which processes create
    a spent pickle liquor.
    The nine count complaint in this case alleges various
    violations
    of
    the Act and
    the Board’s RCRA regulations arising
    from
    the Company’s storage
    and treatment of
    its spent pickle
    liquor;
    the complaint alleges that the spent pickle liquor
    constitute
    a hazardous waste because
    it contains hexavalent
    chromium and lead.
    Violations alleged were of Sections 21(e),
    21(f)(1)
    and
    (2)
    and 44(a)(l)(A)
    of the Act and
    35 111.
    Adm.
    Code
    703.121,
    703.150,
    725.113(b),
    725.114(c), 725.115(d),
    725.116(e),
    725.137(a), 725.151(a),
    725.212(a),
    725.242(a), 725.175, 725.243,
    725.292(c)
    and
    35
    Ill.
    Adrn.
    Code
    722, Subparts
    B,
    C and D.
    At hearing
    on June
    26,
    1987,
    the parties stated settlement
    had been reached,
    but that an agreement had not been drafted.
    One facet of the agreement noted
    at hearing was that there would
    be
    no admission that “this
    is
    a TSD facility”
    (that is,
    a RCRA
    hazardous waste treatment, storage or disposal
    facility)
    (R.4).
    No members of the public were present at this hearing.
    82—263

    —3—
    storage
    tank
    and
    tank area
    to
    the Agency within
    45 days,
    arid
    to
    implement
    the plan 60 days after Agency approval
    is received.
    The Board
    notes
    that the agreement is silent concerning what is
    to occur
    in the event of Agency disapproval of the proposal
    plan.
    In
    the event
    that the parties cannot agree on
    a closure
    plan, either party is free
    to request relief pursuant to Section
    103.241
    of
    the Board’s procedural
    rules.
    Paragraph 10 makes
    a citation
    to Section
    “7322.141”;
    this
    should
    be Section “722.141”.
    Paragraph
    11 provides no date for the payment of the
    Stipulated
    $2,500; at hearing
    the parties stated an
    intent
    to
    have
    the Board provide
    for payment
    in
    the Order.
    The Board has
    inserted
    a
    30 day time limit,
    as this
    is standard
    in the
    stipulations presented
    to
    the Board.
    This Opinion and Order constitutes
    the Board’s findings of
    fact and conclusions of law
    in
    this matter.
    ORDER
    It is
    the Order
    of the Illinois Pollution Control Board
    that:
    1)
    The Board hereby accepts
    the Proposal executed
    by the Steel
    Company,
    Inc. and the Illinois Environmental Protection
    Agency filed with the Board
    on September
    18.
    The
    terms and
    conditions of the Revised Settlement
    Agreement, which is
    attached hereto,
    are incorporated
    into
    this Order.
    2)
    Respondent 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
    $2,500
    (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.
    3.
    T. Meyer dissented.
    82—265

    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    COOK COUNTY,
    ILLINOIS
    ___
    Poaui~~
    ~
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    —vs—
    )
    PCB 86—167
    THE STEEL COMPANY,
    an Illinois
    )
    Corporation,
    )
    Respondent.
    SETTLEMENT AGREEMENT
    This agreement being entered this 21st day of July,
    1987, between the Illinois Environmental Protection Agency
    (IEPA)
    by and through its Attorney, Neil
    F.
    Hartigan, Attorney General
    for the State of Illinois,
    and THE STEEL COMPANY, an Illinois
    corporation witnesseth:
    1.
    Whereas the Agency alleges several matters
    in its
    Complaint regarding the treatment,
    storage and disposal of haz-
    ardous waste at and
    in the Respondent’s facility; and
    2.
    Whereas the omissions and activities alleged
    in the
    Agency’s Complaint would constitute several violations of the
    Illinois Environmental Protection Act
    (“Act”),
    I11.Rev.Stat.
    1985,
    ch.
    111 1/2, par.
    1001 et
    ~
    3.
    Whereas the Steel Company
    (
    when used in this
    agreement, the
    Steel Company” shall include all of its affili-
    ated companies
    )
    contests the allegations of the Agency’s Com-
    plaint and does not admit liability thereto, but promises, cove-
    nants and agrees not to engage
    in any activity in violation of
    82—267
    —1—

    10.
    That the Company will submit annual reports for
    ,~
    generators
    in accordance with Section
    ~722.l4l for 1984 through
    the 1986.
    11.
    Whereas the Agency and the Steel Company seek to
    settle and resolve its controversy regarding the matters alleged
    in the Complaint;
    and in furtherance thereof,
    the Steel Company
    has agreed to pay the sum of TWO THOUSAND FIVE HUNDRED DOLLARS
    AND
    NO CENTS
    ($2,500.00)
    to the ENVIRONMENTAL PROTECTION TRUST
    FUND.
    Now therefore,
    the Agency agrees,
    in consideration of
    payment
    of the $2,500.00
    (Two Thousand Five Hundred Dollars)
    to
    the Environmental Protection Trust Fund,
    to settle and compromise
    the controversy pending between the Agency and the Steel Company
    as set forth
    in the Agency’s Complaint and to release the Steel
    Company
    from all claims made
    in the Agency’s Complaint.
    The
    Agency does not however,
    in any mar~neror respect, waive
    or
    ~~Q/
    ~4-m.
    -
    relinquish any claim or claim~itn~whas or hereafter may have
    against any other persons,
    firms or corporations other than the
    Steel Company
    in connection with the aforesaid allegations set
    forth above,
    nor does
    it waive or release any rights or claim or
    claims it now has or may have against the Steel Company with
    regard to any actions conditions or situations that may now exist
    or hereafter come into being the
    Steel Company apart from the
    alleged acts and omissions set forth in the Complaint.
    82—269
    —3—

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