ILLINOIS POLLUTION CONTROL BOARD

October 12,

1984

ILLINOIS

EN\IIRONMENTAL

)

PROT HOT ION

AGENCY,

)

Complainant,

)

)

PCB

81—88

~TIONA~

DIVISION

OF

)

HoL:~NE

CORPORATION,

Respondent,

GERHARDT

BRAECKEL, ASSISTANT ATTORNEY GENERAL,

APPEARED

ON BEHALF

OF

THE

COMPLAINANT.

CYNThIA

SWIGER, ATTORNEY

AT

LAW,

APPEARED

ON

BEHALF

OF THE

RESPONDENT.

OPINION

AND

ORDER

OF THE BOARD

(by W.

J.

Nega):

This

matter

comes

before the Board on

the

May

27,

1981

Complaint

brought by the Illinois Environmental Protection Agency

(Agency)

which

alleged that, during the

time

period

between

June

2,

1977

and

May

27,

1981, the Respondent,

the National

Division

of Moline Corporation

(Moline Corporation), violated

Section

21(e)

of

the

Illinois Environmental Protection Act

(Act)

by

tmproperly

disposing of foundry sand at a site which did not

meet

the

requirements of the Act and regulations thereunder.

The

site

in

question

is

a 2.83 acre,

triangular-shaped, vacant lot

owned

by

Allen J. Welin and located across the Street

from

Welin~s

home

north

of

the City of Belvidere

on

Poplar Grove Road

in

Boone County,

Illinois.

(See:

Opinion and Order of

October

12,

1984 in the

interrelated

case

of

IEPA

v.

A.

J.

Welin,

PCB 8O~125).

The

Agency has never

issued a Development Permit

or

Operating

Permit for the Welin

site.

On

May 28,

1981,

the

Agency filed

a Motion for Consolidation

of

this

case with PCB 80-125,

IEPA

V.

A.

J,

Welin

which

the

Board

denied

on

June

10,

1981.

On June

22,

1981,

the

Moline Corporation

filed

its

answer and affirmative defenses denying the pertinent

allegations

of

the Complaint.

60-233

---

hearing was held on

July

12,

1984 and the parties filed a

3; p

~ion and Proposal for Settlement (Stip~)at that time.

T~

Moithe Corporation owns and operates a foundry on Meadow

~ the City of Belvidere in Boone County, Illinois which

~

foundry sand as

a by—product of its operations.

At one

;~

~Ia~ionaIDivision of Moline Corporation operated under

~

‘National Grey Iron Foundry~. The Agency has contended

o foundry sand on the Welin property came from the

Grey Iron Foundry and that, on at least one occasion, an

~ o~the Moline Corporation dumped a load of foundry sand

~~ns~te~(Stip~ 2)

However, the Moline Corporation

~d tha;

it

dumped foundry sand at the Welin property~

ency inspections during August, 1983 and December,

1983

~

cc

that most of the filled area on the Welin property was

cot

~t

~~iththick, two-foot high vegetation and that dozens of

cot o

good seedlings were in the process of becoming established.

Addi~o~ially,these Agency inspections indicated that there

appea~dto be some thin soil cover on most of the filled area

aion

~th

some clay-covered small barren patches~

(Stip.

2).

‘le parties believe that appropriate seeding and the

aaá~ron of a few inches of soil to the top of the filled area at

the W~ln site (and the addition of one foot of soil on the

~op

of the filled area which face the river) will produce

~uf~

ient vegetation with good root structures for the

re

c31

a~ionof runoff and the prevention of erosion~

(Stip~ 2—3).

Pcco

gy

the Moline Corporation and the Respondent A.

J. Welin

~

t

so of IEPAv.

A. J~Welin, PCB 80—125

(See:

Opinion and

-~fOctober 12,

1984 in PCB 80—125) have agreed to perform

th

~cssary

covering and seeding operations at the Welin

site,

h~Moline Corporation has noted that it has entered into

th~~ ~oposedsettlement agreement solely for the purpose of

re~o~v~ng

disputed facts and to avoid the expense of litigation

rc

~e~dfastl.y maintains that it does not admit that it violated

tF~e

?ct

~or any other statute, regulation or ordinance~

(Stip.

3).

Mcre i~cr, in view of the expensive remedial program which the

Respcr~conthas agreed to complete, the settlement agreement

piovi

e~. for the imposition of no monetary penalty against the

Mo iro Corporation.

he proposed settlement agreement provides that the

Re~po ent Moline Corporation and the Respondent A.

J. Welin in

the ~rterrelated case of IEPAV,

A.

J, Welin, PCB 80—125,

jointly

ially shall:

(1) place one foot of soil cover on the two

60~234

---

—3—

sope

of the elevated filled-in area of the site which face the

rive~ ~nd (2) seed the top and slopes of the site with

fescue or

a ~in~ any appropriate

seed,

(See:

Opinion and Order

of

Octu~r ~2, 1984 in IEPA v~.A.

J, Welin, PCB 80—125),

Addit erally, as part of the agreed—upon remedial program

for the

Wel~r ~te, Mr.

A.

J. Welin has stipulated that he shall

be

re~-

u~e for placing two inches of soil cover on top

of the

entir

~iJled—in area of the site,

All the

above—mentioned

reined

~ measures shall be completed within six months of the

data

the Board Order in this case,

(Stip. 3—4),

or evaluating all the facts and circumstances of this

o

L

Hoard finds the proposed settlement agreement

~

p

b e under 35 Ill, Adm, Code 103.180 and will order

oo

ant National Division of Moline Corporation to follow

the

agree

rpon compliance program.

us Opinion constitutes the Board~sfindings of fact and

con’~

u tons of law in this matter.

ORDER

is the Order of the Illinois Pollution Control Board

Within

6 months of the date of this Order,

Respondent

Nati

uc

Division of Moline Corporation and the Respondent

A.

qeiin in the case of IEPA v,

A. J.Welin,

PCB 80—125,

jo~t

c~fld

severally shall:

a)

Place one foot of soil cover on the two slopes of

the

elevated filled-in area of the site

which face

the

river, and

(b)

Seed the top and slopes of the site with fescue or a

similarly appropriate seed,

2

The Respondent shall comply with all the terms and

coruithions of the Stipulation and Proposal for Settlement filed

on J~y 12,

1984, which is incorporated by reference as

if fully

set forth herein,

IS SO ORDERED,

6O~235

---

‘—4—

Board Member J. Theodore Meyer dissented,

I,

Dorothy H.

Gunn,

Clerk

of the Illinois Pollution

Control

Board, hereby

certify that the

above Opinion and

Order was

adopted on the /~~dayof

~

1984 by a

vote of

_i~.

rothy M.

nn,

Clerk

Illinois Pollution Control Board