ILLINOIS POLLUTION CONTROL
BOARD
December
3, 1981
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
V.
)
PCB
80195
)
CORE-LUBE, INC., an Indiana
)
corporation; HIL DISPOSAL CO.,
)
an Illinois corporation; and
)
DUCKETT
DISPOSAL, INC., an
)
Illinois corporation,
)
)
Respondents.
)
MR
•
THOMAS
CHIOLA,
ASSISTANT
ATTORNEY
GENERAL,
APPEARED
ON
BEHALF
OF
THE
COMPLAINANT.
KIRK,
WOLGAMOT
&
KURTH, ATTORNEYS AT LAW (MR. JOHN P. WOLGAMOT,
OF
COUNSEL),
APPEARED
ON
BEHALF
OF
RESPONDENT
CORE-LUBE,
INC.
SEBAT,
SWANSON,
BANKS, LESSEN
&
GARMON,
ATTORNEYS
AT
LAW (MR.
LARRY
LESSEN,
OF
COUNSEL),
APPEARED ON
BEHALF
OF
RESPONDENTS
H/L
DISPOSAL
COMPANY
AND
DUCKETT
DISPOSAL,
INC.
OPINION
AND
ORDER
OF
TEE
BOARD
(by
N.E.Werner):
This
matter
comes
before
the
Board
on
the
October
20,
1980
Complaint
brought
by
the
Illinois
Environmental
Protection
Agency
(‘Agency’).
Count I of the Complaint alleged
that,
on June 5,
1980, the
delivery by Core—Lube,
Inc.
(‘Core-Lube’) to Duckett
Disposal,
Inc.
(‘Duckett’)
of
a
load
of
paraformaldehyde
solids
without
concurrently
delivering
a
properly
completed
manifest
in
violation
of
Rule
301
of
Chapter 9:
Special
Waste
Hauling
Regulations
(‘Chapter
9’).
Count II alleged that, on June 5,
1980, Respondents Core—Lube,
Duckett, and
H/L
Disposal Company
(‘H/L Disposal’) allowed the
emission of fumes from paraformaldehyde materials to physically
affect some persons at H/L Disposal site No.
2 in violation
of Rule 102 of Chapter 2:
Air Pollution Control Regulations
(‘Chapter 2’) and Section 9(a) of the Illinois Environmental
Protection Act (‘Act’).
Count III alleged that Duckett delivered the paraformaldehyde
solids to the
H/L
Disposal site No.
2 at a
time when H/L
Disposal
44—155
did not possess the necessary supplemental permit from the Agency
for the acceptance of such special wastes in violation of Rule 302(B)
of Chapter
9 and Section 29(e) of the Act~
Count IV alleged that,
on June
5,
1980,
“H/L Disposal accepted
and disposed of at H/L Disposal
site #2 a load containing approx-
imately 200~500pounds of paraformaldehyde solids” without possess-
ing the requisite supplemental permit from the Agency in violation
of Rule 310(b)
of Chapter
7:
Solid Waste Regulations
(“Chapter 7”)
and Section 21(d)
of the Act,
Count V alleged that, on June 5,
1980, Respondent
HIL
Disposal
accepted the load of paraformaldehyde solids from Duckett “without
concurrently receiving a signed manifest” in violation of Rule 302(A)
of Chapter 9~
A hearing was held on June 24,
1981.
The parties filed a
Stipulation and Proposal for Settlement on July
23,
1981.
Core~Lube,Inc., which is wholly owned by C.
L.
Industries,
Inc.,
an Indiana corporation, owns and operates a plant located on Maplegrove
Road in Georgetown, Vermilion County,
Illinois which manufactures
foundry resins and catalysts.
Duckett
Disposal,
Inc., whose
President
and
sole
owner
is
Mr.
Gary Duckett, owns and
operates
a
waste
hauling
business
which
is located
at
1600 Tilton Road in Danville, Vermilion County,
Illinois.
1-I/L Disposal Company operates a solid
waste
management site
which
is located on 16 acres on Brickyard Road in Danville, Vermilion
County,
Illinois and handles municipal refuse and wastes pursuant to
Agency Permit No.
1972~20.
(See:
Exhibit A).
The parties have stipulated that on June
5,
1980,
following an
equipment failure at the Core~~Lube
plant,
an agitator malfunction
in the manufacturing process resulted in the formation of about
200—500 pounds of solid paraformaldehyde.
(Stip.
3).
Subsequently,
“Core-Lube mixed the paraformaldehyde with other debris,
including
wood, paper and dirt, all of which was placed in a roll~offdumpster
on the Core-~Lubeproperty”.
(Stip.
4),
This debris was then
transported by Mr.
Gary Duckett of Duckett Disposal,
Inc.
to the
H/L Disposal site No,
2.
(Stip.
4).
The Agency has determined that the solid paraformaldehyde
is a
“hazardous waste” according to applicable Agency criteria.
(See:
Exhibits B
& C).
Although the Respondents “do not necessarily agree
with this determination” by the Agency, they “have chosen not to
challenge the Agency determination” for settlement purposes.
(Stip.
4).
However,
all parties agree that the paraformaldehyde is
“a special
waste”
under Rule
103 of the Board~sSpecial Waste Hauling Regulations.
(Stip.
4).
Core-Lube has admitted that it did not deliver a properly
completed
manifest
“to
Mr.
Gary Duckett of Duckett Disposal,
Inc.
44~156
who picked up the load which included the paraformaldehyde”.
(Stip.
6).
However, Core~~Lubehas indicated that it could present testimony
to show that:
(1) the problem was caused by
“a one time occurrence
due
to equipment failure”;
(2)
its “employees who were used to work-
ing
around
the
paraformaldehyde
did not consider the substance to be
hazardous or dangerous” when it was
loaded into the roll—off container;
(3)
prior
to
the
loading,
a
company
official
“made a good faith attempt
to determine whether the material was hazardous by checking
the
listings
in the May
19,
1980 Federal Register”, and
(4) the Company
has
fully
cooperated with the Agency and “offered its assistance to dispose of
the paraformaldehyde”.
(Stip.
6—7),
On
the
other
hand, the Agency has noted that,
“under the Resource
Conservation and Recovery Act definition of hazardous materials, para-
formaldehyde would be considered hazardous under 40 CFR 261,21 and
261,23.
(See Exhibit C)”.
Duckett has admitted that it “did not receive
a manifest from
Core—Lube
for
the
load” which included the paraformaldehyde
and
“that
it had no knowledge whether the H/L site to which it took the load
which included the paraformaldehyde had a permit to accept such
special waste”.
(Stip.
7),
However, Duckett has
stated
that
it
could
present testimony to demonstrate that it routinely hauled
ordinary debris
from
the
Core—Lube
facility
and
had
“no
knowledge”
that this particular load contained a special
or hazardous waste.
(Stip.
8).
H/L Disposal has
admitted
“that
it did not receive a supple-
mental
permit from the Agency to accept the paraformaldehyde at its
site...nor did
it
receive
a manifest”.
(Stip.
8),
However,
H/L
Disposal has indicated that
it could present
testimony
to show that:
(1)
it had “no knowledge that the load
received from Duckett contained any special or hazardous waste”;
(2)
once it suspected there was
a problem with the load due to fumes,
“it immediately contacted both the Agency and the Vermilion County
Emergency Service and Disaster Agency”
for advice on how to handle
matters;
(3)
it followed the Agency’s advice and promptly covered
and
buried the load;
(4)
“there has been no request that H/L remove
the
material”,
and
(5)
the three individuals who were temporarily
affected by the fumes when the load was deposited at the site did
not
require any medical treatment and have not suffered any
ill effects
or continuing symptoms.
(Stip.
8—9).
The proposed settlement agreement provides that:
(1)
each
Respondent will take specified steps to avoid any similar problems
in the future;
(2) H/L Disposal shall be responsible for the portion
of its site where the
paraformaldehyde
is buried (i.e., to monitor
that portion to insure
that
no environmental problems occur at some
future date),
and
(3) Core—Lube agrees to pay a stipulated penalty
of
$1,000.00
(Stip.
10—11),
44—157
—4—
In evaluating this enforcement action and proposed settlement
agreement,
the Board has taken into consideration all
the facts and
circumstances in light of the specific criteria delineated
in
Section 33(c) of the Act,
The Board finds the settlement agreement
acceptable under Procedural Rule 331 and Section 33(c)
of the Act.
Accordingly, the Board finds that the Respondents,
Core-Lube,
Inc.,
an Indiana corporation, H/L Disposal Company,
an Illinois corporation,
and Duckett Disposal,
Inc.,
an Illinois corporation, have violated
Rule 102 of Chapter
2:
Air Pollution Control Regulations; Rule 310(h)
of Chapter
7:
Solid Waste Regulations;
and Rules
301,
302(A), and
302(B)
of Chapter
9:
Special Waste Hauling Regulations and Sections
9(a),
21(d),
and 21(e) of the Illinois Environmental Protection Act.
Core—Lube,
Inc. will be ordered to pay the stipulated penalty of
$1,000.00
This Opinion 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 Respondents, Core—Lube,
Inc.,
an Indiana corporation,
FIlL Disposal Company, an Illinois corporation,
and Duckett Disposal,
Inc.,
an
Illinois
corporation, have violated Rule 102 of Chapter
2:
Air Pollution Control Regulations; Rule 310(b)
of Chapter
7:
Solid
Waste Regulations; and Rules
301,
302(A),
and
.302(B)
of Chapter
9:
Special Waste Hauling Regulations, and Sections 9(a),
21(d), and 21(e)
of the Illinois Environmental Protection Act,
2.
Within
45 days of the date of
this
Order,
Respondent
Core—Lube,
Inc.
shall,
by certified
check
or money order payable to
the State of Illinois,
pay the
stipulated penalty of $1,000.00 which
is
to be sent to:
Illinois Environmental
Protection
Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
Illinois
62706
3.
The Respondents shall comply with all the terms and
conditions
of the Stipulation and Proposal
for Settlement filed on
July 23,
1981, which
is incorporated by reference as if fully set
forth herein.
I, Christan L,
Moffett, Clerk of the Illinois Pollution Control
Board,
hereby
certify
th~
the pbove Opinion and Order were adopted
on
the
~ t~
day
of
~J,L&~
,
1981 by a vote of
~‘
u
.ontrol Board
44—158