ILLINOIS POLLUTIO~CO~TROLaBOARD
    November
    6,
    1986
    ILLINOIS ENVIRONMENTAL PROTECTION
    ~GE~CY,
    Complainant,
    v.
    )
    PCB 86—102
    EKCO PRODUCTS,
    INC.,
    an
    Illinois corooration,
    Respondent.
    MS. NkNCY
    J.
    RICH,
    ~3SISTNT
    ~TTOR~EY
    ~ENER~L,
    kPPE~RED
    O~BE~LF
    OF THE COMPLAINhNT.
    MR.
    DANIEL
    ~
    ~P?E~RED
    FOR
    T~-3E VILLkGE
    OF WHEEL~J.
    OPINION ~ND ORDER OF THE BO~.RD(by
    R.
    C.
    Flemal):
    This matter
    comes before the Boar3 uoon
    a Complaint fil~ by
    the Illinois Environmental Protection P~gency(“P~gency~)on July
    11, 1936.
    Hearing
    was held
    in this docket
    on Seotember
    2S,
    1936,
    in Wheeling,
    Illinois.
    ~t that time,
    counsel
    for the ~tgency
    indicated
    that
    the
    ~gency
    and
    Ekco
    Products,
    Inc.
    (“EPI”)
    ha~
    entered
    into
    a
    settlement
    agreement.
    That
    document,
    entitle~,
    “Stipulation
    of
    Facts
    and
    Proposed
    Settlement”,
    was
    entered
    into
    the record
    at hearing
    as Exhibit 1*.
    1~signed copy
    of the
    settlement agreement was filed
    on November
    3,
    1936.
    EPI
    is an
    Illinois corporation engaged
    in the business
    o~
    manufacturing aluminum foil containers and plastic containers.
    The EPI plant
    is
    located on Wheeling Road
    in Wheeling,
    Illinois,
    which
    is within Cook County.
    The plant produc2s
    aooroxirnatelv
    695 million foil
    containers per year.
    Ooerations performed
    at the EPI plant
    included the coating
    or painting of aluminum coils with solid colors
    or patterns.
    The
    machine which oerformed this
    ooeration
    is called
    a Drinter—coater
    unit
    (“P&C”).
    EPI operated
    a P&C at
    its plant until January
    1,
    1986
    (Ex.
    1,
    oar.
    4).
    *Thjs
    will
    be
    identified
    as
    “Ex.
    1”; references nad~to
    this
    document will
    refer
    to
    its paragraphs
    (abbreviated
    “par.”)
    by
    number.
    74.33

    —2—
    After
    a color
    or print
    is applied
    to an aluminum coil,
    the
    coil
    is
    oassed
    through
    a
    gas
    fired
    oven
    for
    drying
    an~3curing.
    During drying operations, EPI’s P&C emitted non—chlorinated
    organic
    solvents
    as
    wastes.
    These
    wastes
    constituted
    volatile
    organic
    material
    (“VOM”),
    as
    that
    term
    is
    defined
    at
    35
    Ill.
    Adm.
    Code
    211.122
    (Id.,
    par.
    6).
    EPI’s
    P&C
    did
    not
    utilize
    an
    air
    pollution
    control
    device
    (Id.,
    par.
    4).
    EPI
    operated
    its
    P&C
    under
    an
    Agency
    operating
    permit
    issued
    on November
    15,
    1979, until that permit expired on October
    25,
    1934.
    On June
    25,
    1984,
    the Agency notified
    EPI
    that VOM
    emissions from the P&C would not comply with 35
    Ill.
    Adm.
    Code
    215.204(d).
    EPI continued
    to operate
    the P&C,
    without
    an Agency
    operating permit,
    until January
    1,
    1986
    (Id.,
    par.
    8).
    The Agency,
    in
    its July
    11,
    1986,
    Complaint,
    alleges
    that
    EPI violated two sections of the Environmental Protection Act
    (“Act”)
    through
    its operation of
    the
    P&C.
    Count
    I alleges
    that
    EPI violated Section 9(a)
    of
    the Act from June 15,
    1984,
    to
    January
    1,
    1996,
    by
    “causing
    or
    threatening
    or allowing the
    discharge
    or
    emissions
    of contaminants...into
    the environment
    so
    as
    to
    cause
    or
    tend
    to
    cause
    air
    oollution”.
    Count
    II
    alleges
    that
    EPI
    violated
    Section
    9(b)
    of
    the Act from October
    24, 1984,
    until
    the
    date the Comolaint was filed
    by “operating
    their
    P&C,
    which
    is
    capable
    of
    causing
    or contributing
    to air pollution,
    without
    a
    permit
    granted
    by
    the
    (Agency)”.
    The proposed settlement agreement contains
    an admission by
    EPI that
    it violated Section 9(b)
    of the Act from October
    25,
    1984,
    to January
    1,
    1986,
    the date on which
    it discontinued
    use
    of
    the
    P&C
    (Id.,
    1,
    oars.
    13,
    12).
    As part
    of
    the
    orooosed
    settlement,
    the
    Agency
    has withdrawn
    the alleged Section 9(a)
    violation contained
    in Count
    1
    of
    the Comolaint
    (Id.,
    oar.
    10).
    The
    parties
    further
    stipulate
    that
    EPI
    will
    cease
    and
    desist
    from further ooeration
    of
    the P&C until
    the aoorooriate methods
    of
    compliance
    are
    in
    place and the appropriate permits
    have been
    obtained
    (Id.,
    par.
    A);
    that
    the
    Agency
    may
    inspect
    the
    EPI
    premises
    to,
    within
    its
    authority,
    encourage
    compliance
    with
    the
    Act
    and
    the
    regulations
    promulgated
    thereunder
    (Id.,
    oar.
    B);
    and
    that
    EPI
    shall
    pay,
    within
    30
    days
    of
    the
    Board
    Order
    accepting
    the settlement agreement,
    a penalty
    of $3,000.00
    to the Illinois
    Environmental Protection Trust fund
    (Id.,
    par.
    C).
    The parties
    agree
    that such
    a penalty
    is necessary
    to promote enforcement
    of
    the Act
    (Id.).
    In evaluating
    this enforcement action and proposed
    settlement
    agreement,
    the Board has taken
    into consideration all
    the
    facts
    and
    circumstances
    in
    light
    of
    the
    soecific
    criteria
    delineated
    in
    Section
    33(c)
    of
    the
    Act.
    The
    Board
    moreover
    finds
    the
    settlament
    agreement
    acceptable
    under
    35
    Ill.
    Ad-ri.
    Code
    103.180.
    Accordingly,
    the settlement agreement
    is accepted
    in
    toto by the Board,
    and the Board will
    integrate
    the elements of
    the settlement agreement
    into the following Order.
    74-34

    —3—
    This
    Opinion constitutes
    the Board’s
    findings of
    fact and
    conclusions of law in this matter.
    ORDER
    1.
    As
    of January
    1,
    1986,
    EPI will cease and desist from
    further violation
    of
    the
    Act by ceasing operation of the
    P&C.
    EPI will not reactivate
    its P&C until
    it has the
    aPpropriate
    methods of compliance
    in place
    and has
    obtained the appropriate permits.
    2.
    The
    Agency
    may
    inspect
    the
    EPI
    premises,
    at
    any
    reasonable
    time,
    and
    do
    whatever
    is
    necessary
    within
    its
    statutory
    and
    regulatory
    authority
    to
    encourage
    compliance
    with
    the
    Act
    and
    the
    rules
    and
    regulations
    promulgated
    thereunder.
    3.
    EPI
    shall
    cay
    a
    civil
    penalty
    of
    $3,000.00.
    The
    penalty
    shall
    be
    paid
    within
    thirty
    (30)
    days
    of
    this
    Order
    of
    the
    Board.
    Payment
    shall
    be
    made
    by
    certified
    check
    or
    money
    order
    payable
    to
    the
    Environmental
    Protection
    Trust
    Fund
    and
    delivered
    to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill
    Road
    Springfield,
    IL
    62706
    ATTN:
    Mary Jo Heise
    4.
    EPI shall comely with
    all
    the terms
    and conditions
    of
    the “Stipulation
    of
    Facts
    and Proposed Settlement”
    filed
    on November
    3,
    1986, which
    is attached and incoroorated
    by reference
    as
    if fully
    set forth herein.
    IT
    IS
    SO ORDERED.
    Board Member
    3.
    Theodore
    Meyer dissented.
    I,
    Dorothy
    M.
    Gurin,
    Clerk
    of the Illinois Pollution Control
    Board, hereby certify
    that the
    above Order was adopted
    on
    the
    _____________________
    day
    ~
    ,
    1986,
    by
    a vote
    of
    ..6-/
    ?~.
    ~
    -
    Dorothy
    M.
    Gu’nn,
    Clerk
    Illinois Pollution Control Board
    74-35

    BEFORE THE ILLINOIS POLLUTION CONTROL
    ILLINOIS
    ENVIRONNENTAL
    PROTECTION AGENCY,
    Complainant,
    NOvo3
    ~86
    vs.
    )
    PCB 86—102
    EKCO PRODUCTS,
    INC.,
    an
    )
    -
    Illinois Corporation,
    Respondent.
    STIPULATION OF FACTS AND PROPOSED SETTLEMENT
    Complainant,
    the Illinois Environmental Protection Agency,
    by Neil
    F.
    Hartigan, Attorney General
    of Illinois,
    and Respon-
    dent,
    Ekco Products,
    Inc.,
    by their attorney John Olsen, submit
    the
    following Stipulation of Facts
    and. Proposed Settlement to the
    Pollution Control Board
    (Board),
    pursuant to Procedural Rule
    103.
    180.
    I.
    BACKGROUND
    1.
    Complainant Illinois Environmental Protection Agency
    (Agency)
    is an agency of the State of Illinois,
    created pursuant
    to the Illinois Environmental Protection Act,
    Ill.
    Rev.
    Stat.,
    ch.
    111—1/2, pars.
    .1001 et seq.
    (Act), charged
    with
    the duties
    of
    enforcing the Act.
    2.
    Respondent Ekco Products,
    Inc.,
    (EPI)
    is an Illinois
    corporation engaged in the business of manufacturing
    al’~minun
    foil
    containers,
    and plastic containers.
    The
    EPI
    manufacturing
    operation
    (plant)
    is located at 777 Wheeling Road,
    Cook Count,
    Wheeling,
    Illinois.
    74-36

    3.
    EPI
    is the leading producer of aluminum foil containers
    with approximately 40 per cent of the U.S. market.
    The plant
    produces approximately 695 million foil
    containers.
    Aluminum
    containers are made from aluminum coils
    4.
    The coating or printing of aluminum coils with solid
    colors or patterns was performed at the plant by
    a machine iden-
    tified
    as a printer-coater unit
    (P &
    C
    )
    until January
    1,
    1986
    when the P
    & C operation was discontinued. The P
    & C did not have
    an air pollution control device.
    5.
    After a color or a print
    is applied to an aluminum
    coil, the aluminum coil is passed though
    a gas fired oven for
    drying and curing.
    6.
    The non—chlorinated organic solvents are emitted
    by
    EPI’s P
    &
    C as waste during the drying phase of the operation
    that is explained in paragraphs
    4
    and
    5,
    are volatile organic
    material
    (VOM)
    as the term is defined in
    35
    Ill.
    Adm.
    Code
    Sec-
    tion 211.122.
    6.1
    On June
    15,
    1984 the Agency notified EPI that VO~emis-
    sions from the P
    &
    C would not comply with
    35
    Ill.
    Adm.
    Code Sec-
    tion 215.204(d)
    7.
    On July
    29,
    1985, EPI filed a petition for variance to
    allow the emission stated in paragraph
    6 to continue until Decem-
    ber 31,
    1985.
    This was to give EPI time to install
    a catalytic
    incinerator.
    74-37

    II.
    FACTS RELATING TO THIS LITIGATION
    8.
    EPI
    was
    issued
    an
    operating
    permit
    covering
    the
    P
    &
    C
    operation
    on November
    15,
    1979.
    This
    permit expired on October
    25,
    1984.
    EPI was operating their P
    &
    C without an Agency
    operating
    permit
    from
    October
    25,
    1984
    to
    January
    1,
    1986.
    9.
    The
    operation
    of
    EPI’s
    P
    &
    C
    as
    described
    in
    paragraphs
    4,
    5, and
    6 continued from October 25,
    1984
    to January
    1,
    1986.
    10.
    The Agency alleges that from October 25,
    1984 to
    January
    1,
    1986 EPI violated Section 9(a)
    of the Act,
    Ill.
    Rev.
    Stat.,
    ch.
    lll-1/2,par.
    1009(a)
    by causing or threatening or al-
    lowing the discharge
    or emissions of contaminant as stated
    in
    paragraph
    6,
    into the environment
    so as to cause or tend to cause
    air pollution.
    As part of this settlement,
    the Agency has with-
    drawn the alleged Section 9(a)
    violation.
    11.
    From October
    25,
    1984 to January
    1,
    1986
    EPI
    was
    in
    violation
    of
    Section
    9(b)
    of
    the
    Act,
    Ill.
    Rev.
    Stat.,
    ch.
    121-2,
    2,
    par.
    1009(b),
    by operating their P
    &
    C
    which
    is
    capable
    of
    causing or contributing to air pollution without a permit granted
    by the Agency.
    12.
    On January
    1,
    1986,
    EPI
    discontinued
    use of their
    P
    &
    C.
    Since that time the P
    &
    C has no longer been operating, stop-
    ping the cause of the discharge of contaminants into the
    atmosphere.
    12.1
    On April
    18,
    1986,
    the Agency’s Complaint against
    ?I
    was filed with the Board.
    74-38

    III.
    IMPACT OF VIOLATION AND COMPLIANCE
    13.
    The Agency and EPI agree that the violation set forth
    in
    paragraph
    11
    above has occurred.
    14.
    Prior to October
    25,
    1984 and thereafter,
    EPI under-
    stood from statements by Agency Staff that the Agency would deny
    its operating permit renewal application without a compliance
    plan for satisfying 35
    Ill. Adm. Code 215.204(d).
    In an effort
    to
    establish
    a
    compliance
    plan,
    EPI
    studied
    during
    the
    nine
    months prior to April
    19,
    1985,
    various
    ways
    to
    comply,
    including
    coating
    reformulation,
    rescheduling
    P
    &
    C
    operation,
    ducting
    P
    &
    C emissions to the air pollution control device on another
    coater,
    and installing
    an incinerator on the P
    &
    C.
    EPI esti-
    mates that the total cost of consultants and employees time
    in
    connection
    with
    these
    studies
    was
    $22,000.
    The
    studies
    showed
    incineration to be the only feasible means
    of compliance,
    and
    EPI
    notified the Agency on April
    19,
    1985,
    of its intention to apply
    for
    a
    variance
    to
    allow
    time
    for
    installation
    of
    the
    equipment.
    EPI management subsequently determined, based on the proposed
    $150,000 incinerator cost,
    to shut down the P
    & C on December
    31,
    1985.
    Since October 25,
    1984,
    the P &
    C has been operated at
    substantially
    reduced
    rates:
    714
    total
    running
    hours
    from
    Novem—
    ber
    1,
    1984
    through
    October
    31,
    1985,
    compared
    with
    1,401
    hours
    during the same period
    a year earlier.
    15.
    The
    Agency
    and
    EPI
    agree
    that
    EPI’s
    facility
    has
    social
    economic value
    in that
    is employs approximately 600 people and
    provides needed manufactured goods.
    The Agency and EPI further
    74-39

    agree
    in order to be of greatest economic and social value,
    EPI
    must cease operation of the P
    &
    C,
    after Jan.ary
    1,
    2986.
    NOW THEREFORE,
    the parties to this proceeding hereby st:ou-
    late and agree to the following compliance program.
    A.
    EPI has violated Section 9(b)
    of the Act,
    Ill. Rev.
    STat.,
    ch.
    11-1/2, par.
    1009(b),
    in the manner and at the times
    described earlier.
    As of January
    1,
    1986,
    E?I will cease
    and.
    desist from further violation of the Act by ceasing operation of
    the
    P
    &
    C.
    EPI will not reactivate its P
    &
    C until they have the
    appropriate methods
    of compliance in place
    and have obtained the
    appropriate permits.
    3.
    The Agency is authorized to inspect EPI premises,
    at
    any reasonable time,
    and. to do whatever is necessary within the
    statutory
    and. regulatory authority to encourage compliance with
    the Act and the rules and regulations promulgated.
    C.
    EPI shall pay
    a civil penalty
    of $3,000.00.
    The
    parties agree that
    a penalty in this case
    is necessary to promote
    enforcement of the Act.
    The penalty shall be paid within thirty
    (30)
    days of the
    order
    of the Board accepting this stipulation.
    Payment shall be
    made by certified check or money order payable to the Environmen-
    tal Protection Trust Fund and delivered to:
    Illinois Environmental Protection Agency
    Fiscal
    Services
    Division
    2200
    Churchill
    Road
    Springfield,
    Illinois
    62706
    ATTN:
    Mary
    Jo
    Heise
    D.
    This Agreement,
    when accepted by the Pollution Control
    Board shall
    be binding
    on all signatories and their successors
    74-40

    ILLINOIS ENVIRONMENTAL
    PR0T~TI0N A-
    By:
    I.!,
    E~PRODUCTS,
    INC.
    By:
    and assigns, and shall constitute
    a
    final disposition of all mat-
    ters set forth
    in the Agency’s Complaint against EPI.
    E.
    This proposal
    is submitted. to the Board for approval
    under
    Section
    103.180
    as
    one
    integral
    package,
    and
    the
    parties
    respectfully request the Board to enter its final order approving
    the entire settlement.
    All admissions and statements made herein
    are void before any Judicial or Administrative body
    if the fore-
    going settlement agreed to by the parties is not approved by the
    Board.
    If the Board should reject any portion thereof,
    the en-
    tire Settlement and Stipulation shall be terminated and be with-
    out legal effect, and the parties shall be restored to their
    prior position in this litigation as
    if no Settlement and
    Stipulation had been executed., without prejudice to any parties’
    position as to any issue or defense.
    Date:
    (
    Date:
    _________
    74-41

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