ILLINOIS POLLUTION CONTROL BOARD
    May
    1.0, 1979
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Complainant,
    v.
    )
    PCB 78—249
    AMERICAN NICKELOID COMPANY,
    an Illinois corporation,
    Respondent.
    MR. JOHN T. BERNBOM, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
    OF THE COMPLAINANT,
    D~ANCONA, PFLAUM, WYATT
    & RISKIND, ATTORNEYS AT LAW
    (MR.
    ROBERT W.
    GETTLEMAN,
    OF COUNSEL), APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by Mr. Werner):
    This matter comes before the Board on the September
    12, 1978
    Complaint brought by the Illinois Environmental Protection Agency
    (“Agency”) which alleged that the Respondent’s plating facility
    (the “facility”)
    discharged effluents into the waters of the State
    containing the contaminants copper, nickel, and cyanide
    in excess
    of the concentrations prescribed by its National Pollutant Discharge
    Elimination System Permit
    (“NPDES Permit”)
    in violation of Rule 901
    of Chapter
    3:
    Water Pollution Control Regulations and Sections 12(a),
    (b), and
    (f)
    of the Illinois Environmental Protection Act
    (“Act”).
    A hearing
    was held
    on January
    9, 1979.
    The parties filed a
    Stipulation and Proposal for Settlement on January 11,
    1979.
    The Respondent, the American Nickeloid Company, owns and
    operates a plating facility located on West Main Street in the City
    of Peru in
    LaSalle County,
    Illinois.
    This facility discharges
    effluent into the Illinois
    River subject to the conditions
    delineated in NPDES Permit No.
    IL 0001724
    (which was issued on
    September 23,
    1977; modified on September 29,
    1977; and expires
    On
    February 28,
    1981).
    It is
    stipulated that on various dates during October, 1977;
    January,
    1978; February,
    1978; and June,
    1978, the Respondent
    discharged effluents containing copper, nickel and cyanide
    33—453

    —2—
    contaminants into the Illinois River in excess of the limits set
    in its NPDES Permit
    (See:
    Discharge Monitoring Reports in
    Attachment B to the Stipulation).
    The proposed settlement agreement
    provides for a compliance plan which is designed to eliminate any
    further violations of the terms and conditions of the Respondent’s
    NPDES Permit
    (See: Attachment C to the Stipulation),
    It appears that the compliance plan detailed in the proposed
    settlement agreement has effectively corrected previous problems.
    A rust resistant pan has replaced the steel drip pan on the plating
    line which
    had
    rusted, leaked, and caused a spill
    in January,
    1978.
    The aisle by the plating tanks has been modified so that any spillage
    in that aisle will drain into the batch alkaline treatment system,
    rather than
    into
    the plate sewer which is untreated.
    (R.
    5-6).
    Additionally,
    new
    drainage gutters were installed to prevent spillage
    from entering untreated effluent to the lower pond;
    sludge in the
    upper pond has been removed; and a divide which directs all spillage
    and effluent
    to the batch alkaline treatment~systemhas been moved
    to assure that
    no
    spillage from the plating line will escape such
    treatment.
    (See: Attachment C of the Stipulation).
    Moreover,
    the
    Respondent has expanded its training program for plant employees to
    insure proper effluent treatment and prevent incidents which can
    cause excursions.
    There have been no further excursions since the
    Complaint was filed and the facility appears to be in full compliance
    at
    the present time.
    (R,
    6),
    The proposed settlement agreement also provides that the
    Respondent pay a stipulated penalty of $2,500
    (within 28 days of
    the date of the Board’s Order)
    for its prior violations.
    In
    evaluating this enforcement action and proposed settlement,
    the
    Board has taken into consideration all the facts and circumstances
    in light of
    the
    specific criteria delineated in Section 33(c)
    of
    the Illinois Environmental
    Protection Act,
    The Board finds the
    stipulated agreement acceptable under Procedural Rule 331 and
    Section 33(c)
    of the Act.
    The Board finds that the Respondent,
    American Nickeloid Company, has violated Rule 901 of Chapter
    3:
    Water Pollution Regulations and Sections 12(a),
    (b), and
    (f) of the
    Act.
    Accordingly,
    the Respondent shall pay the stipulated penalty
    of $2,500 for these violations.
    The Board has also considered the NPDES permit violations by
    the American Nickeloid Company in light of the decision by the
    U.S. Court
    of
    Appeals in Citizens for a Better Environment v.
    EPA,
    No.
    78-1042, ______F.
    2d
    (7th
    Cir.
    1979),
    and finds that the
    Board has competent jurisd
    T~nover the subject matter in this
    Complaint pursuant to Sections 11(b),
    12(f)
    and 13(b)
    of the Act
    and Board regulations established thereunder.
    33—45~.

    —3—
    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 Respondent has violated Rule 901 of Chapter
    3:
    Water
    Pollution Regulations and Sections 12(a),
    (b),
    and
    (f)
    of the Act.
    2.
    Within 28 days of the date of this Order, the Respondent
    shall pay the stipulated penalty of $2,500
    ,
    payment to be made by
    certified check or money order to:
    State of Illinois
    Fiscal Services Division
    Illinois Environmental Protection Agency
    2200 Churchill Road
    Springfield, Illinois
    62706
    3.
    The Respondent shall comply with all the terms and
    conditions of the Stipulation and Proposal for Settlement filed
    January 11,
    1979,
    which is incorporated by reference as if fully set
    forth herein.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, her~ycertify the above Opinion and Order were
    adopted
    _______day of
    ______________,
    1979 by a
    QAAI~~
    ~
    Christan L. Moffett/~,4k
    Illinois Pollution Cthf’?~’olBoard
    33—455

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