ILLINOIS POLLUTION CONTROL BOARD
    Octobc~r6,
    1983
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 83—2
    CHEMETCO, INC.,
    Respondent.
    INTERIM ORDER OF THE BOARD
    (by W.
    J.
    Nega):
    Although the proposed settlement
    agreement
    appears to be
    generally acceptable,
    it contains various deficiencies which
    necessitate its rejection by the Board.
    The Board notes that
    the imposition of a $20,000.00 stipulated penalty appears
    inappropriate under the Act in light
    of the Board’s inability to
    find violations,
    since
    a) the Agency has not withdrawn any of
    the charges or allegations mad~in Counts
    I,
    II,
    III, and Iv of
    the January
    6,
    1983 Complaint*; and b) the Respondent, although
    agreeing to the imposition of a penalty, has nonetheless stead-
    fastly denied that any violations occurred
    (including possible
    “technical” violations due to permit expiration).
    Further, para-
    graph
    4 on page
    7 of the Settlement Agreement includes the phrase
    “such Compliance Program to be amended only by written agreement
    of the Parties”
    (which constitites an improper attempt to restrict
    the purview of the Board’s variance authority and compliance pro-
    gram review (the 8th paragraph on page
    5 of the Settlement Agree—
    ment also conflicts with paragraph
    4 on page
    7
    in that “final
    settlement of all issues” precludes any later changes
    in the
    compliance program solely at the discretion of the parties).
    *The Board notes that the Respondent’s operations involve a
    secondary smelter which probably uses scrap metals of undetermined
    content and may emit arsenic vapors which are human carcinogens.
    We assume that the Agency has taken into consideration the possi-
    bility of carcinogens being released into the atmosphere from
    arsenic—bearing materials and that all necessary steps will be
    taken to.eliminate any such emissions.
    The Board is vitally
    concerned about the health and safet~’of people who live near
    metal reclamation and smelting facilities.
    54~157
    Thus,
    the second Settlement Agreement filed on april
    12,
    1983
    is hereby rejected and this cause
    is remanded to the parties for
    further action.
    If, within 60 days of the date of this Order,
    either an amended stipulation
    is not filed,
    or a hearing is not
    scheduled on the merits of this action to be held within
    90
    days of the date of this Order, this action will he
    subject to
    dismissal.
    IT IS SO ORDERED.
    I Christan L.
    Moffett,
    Clerk of the Illinois Pollution Control
    Boar4,1 hereby cert~ythat the above Interim Orj~erwas adopted on
    the J~L~day of ~4—~-~-._~÷.1983 by a vote of
    ~
    I
    ~
    ~
    ____
    Christan L.
    l4offet,t,
    Clerk
    Illinois Pollution ~ontrol Board
    54-158

    Back to top