ILLINOIS POLLUTION CONTROL BOARD
    July 8, 1999
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    PRECISION CHROME, INC.,
    Respondent.
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    PCB 97-55
    (Enforcement - RCRA)
    OPINION AND ORDER OF THE BOARD (by M. McFawn):
    This case was commenced on September 16, 1996, by the filing of a complaint by the
    People of the State of Illinois. The complaint alleged that respondent Precision Chrome, Inc.,
    violated Section 21(f)(2) of the Environmental Protection Act (Act) (415 ILCS 5/21(f)(2)
    (1998)) and 35 Ill. Adm. Code 703.121(a), 722.111, 722.112, 722.120, 722.141(a), and
    725.190(a) and (b), by failing to make waste determinations, offering for transport alleged
    hazardous waste without a United States Environmental Protection Agency identification
    number, failing to submit an annual report, failing to prepare manifests for off-site transport of
    hazardous waste, operating a hazardous waste surface impoundment without a permit, and
    operating a hazardous waste surface impoundment without implementing a groundwater
    monitoring program and installing a groundwater monitoring system.
    On May 12, 1999, the parties filed a stipulation and proposal for settlement, along with
    an agreed motion requesting relief from the hearing requirement in accordance with Section
    31(c)(2) of the Act (415 ILCS 5/31(c)(2) (1998)). Section 31(c)(2) provides:
    Notwithstanding the provisions of subdivision (1) of his
    subsection (c), whenever a complaint has been filed on behalf of
    the Agency or by the People of the State of Illinois, the parties
    may file with the Board a stipulation and proposal for settlement
    accompanied by a request for relief from the requirement of a
    hearing pursuant to subdivision (1). Unless the Board, in its
    discretion, concludes that a hearing will be held, the Board shall
    cause notice of the stipulation, proposal and request for relief to
    be published and sent in the same manner as is required for
    hearing pursuant to subdivision (1) of this subsection. The notice
    shall include a statement that any person may file a written
    demand for hearing within 21 days after receiving the notice. If
    any person files a timely written demand for hearing, the Board
    shall deny the request for relief from a hearing and shall hold a
    hearing in accordance with the provisions of subdivision (1).
    2
    The Board caused notice of the stipulation and proposal for settlement to be published on
    May 15, 1999, in the
    News-Sun
    , a newspaper of general circulation in Lake County, Illinois.
    The Board did not receive any requests for a hearing. Accordingly the Board waives the
    hearing requirement.
    The Board accepts the parties’ stipulation and proposal for settlement. The stipulation
    and proposal for settlement sets forth the facts surrounding the allegations in the complaint.
    Respondent denies the alleged violations but agrees to pay a total civil penalty of $21,000 and
    perform a pollution prevention project. Respondent also agrees to properly close two surface
    impoundments, conduct groundwater remediation, and meet certain conditions and
    modifications to establish a groundwater management zone. Respondent must continue to
    comply with any federal, State, or local regulations including, but not limited to, the Act and
    the Board’s regulations. The parties agree to engage in dispute resolution as set forth in the
    stipulation and settlement agreement. Although not every term of the settlement is set forth in
    the Board’s order below, all terms of the settlement are incorporated into the order.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Respondent, Precision Chrome, Inc.,
    regarding alleged violations at located at 105 Precision Road, Fox Lake, Lake
    County, Illinois, and 4650-54 West 5th Avenue, Chicago, Cook County,
    Illinois. The stipulation and settlement agreement is incorporated by reference
    as though fully set forth herein.
    2.
    Respondent shall pay the sum of $21,000 within 30 days of the date of this
    order. Such payment shall be made by certified check or money order payable
    to the Treasurer of the State of Illinois, designated to the Illinois Environmental
    Protection Trust Fund, and shall be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 N. Grand Avenue East
    Springfield, IL 62702
    The certified check or money order shall clearly indicate on its face
    respondent’s federal employer identification number (36-259-5817) and that
    payment is directed to the Environmental Protection Trust Fund. A copy of the
    payment transmittal and the certified check or money order shall be
    simultaneously sent by First Class mail to:
    3
    Zemeheret Bereket-Ab
    Assistant Attorney General
    Environmental Bureau
    Attorney General’s Office
    100 West Randolph Street, 11th Floor
    Chicago, IL 60601
    Any such penalty not paid within the time prescribed shall incur interest at the
    rate set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act
    (35 ILCS 5/1003 (1998)), as now or hereafter amended, from the date payment
    is due until the date payment is received. Interest shall not accrue during the
    pendency of an appeal during which payment of the penalty has been stayed.
    3.
    Respondent shall conduct the pollution prevention project provided at Section
    XI Paragraph A of the incorporated stipulation and settlement agreement.
    Within 180 days of the approval of this order, respondent shall submit the
    following:
    a.
    Itemized cost of the pollution prevention project, documented by copies
    of purchase orders and receipts or canceled checks or other
    documentation or other reports; and
    b.
    Certification that the pollution prevention project has been fully
    implemented pursuant to the provisions of the stipulation and settlement
    agreement, and any applicable provision of any permit issued by the
    Illinois Environmental Protection Agency for such pollution prevention
    project.
    4.
    Respondent shall close the Cooling Water Pond and the Overflow Pond at this
    facility in accordance with the terms contained in Section XI Paragraph B of the
    incorporated stipulation and settlement agreement.
    5.
    Respondent shall carry out the groundwater remediation in accordance the the
    terms contained in Section XI Paragraph C of the incorporated stipulation and
    settlement agreement.
    6.
    Respondent shall satisfy the conditions and modifications set forth in Section XI
    Paragraph D of the incorporated stipulation and settlement agreement to
    establish a groundwater management zone.
    7.
    Respondents shall cease and desist from the alleged violations.
    8.
    The parties shall abide by the dispute resolution terms contained in Section XVI
    (also labeled Paragraph I in the incorporated stipulation and settlement.)
    4
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 8th day of July 1999 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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