ILLINOIS POLLUTION CONTROL BOARD
    June
    22, 1978
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    )
    PCB
    76—322
    NAVAJO
    FREIGHT
    LINES,
    INC.,
    a New Mexico corporation,
    Respondent.
    George
    Grumley,
    Spivack
    &
    Lasky,
    appeared
    on
    behalf
    of
    Respondent.
    OPINION
    AND
    ~ORDER OF
    THE
    BOARD
    (by
    Mr.
    Young):
    This
    matter
    is
    before
    the
    Board
    on
    a
    Complaint
    by
    the
    People
    of
    the
    State
    of
    Illinois
    against
    Navajo
    Freight
    Lines,
    Inc.
    (Navajo)
    for
    causing
    or
    allowing
    an
    organic
    chemical
    known
    as
    phorate
    to
    be
    released
    causing
    air
    pollution
    as
    defined
    by
    Section
    3(b)
    and
    in
    violation
    of
    Section
    9(a)
    of
    the
    Environmental
    Protection
    Act.
    The
    original
    Complaint,
    which
    listed
    Navajo
    and
    American
    Cyanamid
    Corporation
    as
    Respondents,
    was
    amended
    on
    January
    13,
    1977,
    naming
    Navajo,
    Aceto
    CI~emical Co.
    (Aceto)
    and
    Leyden
    Custom
    Expediter’s,
    Inc.
    (Leyden)
    as
    Respondents.
    On
    February
    2,
    1977,
    the
    Board
    accepted
    the
    Amended
    Complaint
    and
    granted
    Complainant’s
    Motion
    of
    January
    12,
    1977,
    dismissing
    American
    Cyanamid
    as
    a
    party
    Respondent,
    Subsequently,
    Aceto
    and
    Leyden
    were
    dismissed
    as
    parties
    by
    the
    Board
    on
    June
    28,
    1977,
    on
    the
    Complainant’s
    Motion
    of
    June
    3,
    1977.
    Hearing
    was
    held
    in
    Chicago,
    Illinois,
    on
    February
    7,
    1978,
    at
    which
    time
    a Stipulation and Proposed Settle-
    ment was entered into the record.
    No members of the public
    were present at the hearing.
    In the Stipulation, Respondent admits causing or
    allowing air pollution in violation of Section 9(a)
    of
    the
    Act
    arising
    out
    of
    the
    transportation
    of
    72
    drums
    of
    phorate by the Respondent.
    Prior to entry into Chicago,
    Respondent
    admits
    that
    the
    vehicle
    containing
    the
    phorate
    30
    —
    475
    2~
    was in an accident near Berwick, Pennsylvania, on December
    12, 1976.
    Thereafter, the phorate shipment was examined
    and transferred to another Navajo trailer which proceeded
    to
    Chicago.
    Upon
    delivery
    to
    the
    Navajo
    Terminal
    in
    Chicago
    at
    24th
    and
    Woods
    Streets
    on
    December
    16,
    1976,
    Respondent
    admits
    that phorate liquid leaked from the drums
    exposing
    Respondent’s
    employees
    to the
    phorate
    liquid
    and
    fumes causing certain employees to be hospitalized for
    observation.
    While Navajo states
    it is
    without
    knowledge
    as to the precise cause of the leaks, Respondent admits
    that phorate commenced leaking while in its control
    (Stip,
    p2,
    3).
    In view of these admissions,
    the Board finds Navajo
    in violation of Section 9(a)
    of the Act, and will thereby
    accept the Stipulation and Proposed Settlement of the
    parties
    in its entirety which the Board finds to be
    in
    accordance with Procedural Rule 331.
    The parties stipulate
    to payment of $3,000.00 as
    a civil penalty for the viola~
    tions alleged.
    The Board has considered the Section
    33(c)
    factors
    in assessing a penalty for this violation of the
    Act.
    In view of the substantial risk to public health,
    it is neither impractical nor unreasonable for Respondent
    to inspect and
    to control
    leaks and fugitive emissions
    from shipments of hazardous materials within its control.
    EPA v.
    Chicago
    & North Western Transportation Company,
    et
    al,
    PCB
    76-155,
    June
    8,
    1978TThe
    Board
    will
    thereby
    assess the stipulated penalty of $3,000.00,
    This Opinion constitutes
    the Board’s findings of fact
    and conclusions of law in this matter.
    ORDER
    1.
    Respondent,
    Navajo Freight Lines, Inc.,
    is found
    to have violated Section 9(a)
    of the Environmental Protection
    Act.
    2.
    Navajo Freight Lines,
    Inc.
    shall pay a penalty of
    $3,000.00 for the violation of the Act found herein.
    Penalty
    payment by certified cashiers check payable to the State of
    Illinois shall be made within thirty
    (30) days of the date
    of this Order to:
    Illinois Attorney General, Environmental
    Control Division,
    188 West Randolph Street,
    Suite 2315,
    Chicago,
    Illinois,
    60601.
    IT IS
    SO ORDERED.
    30
    —
    476
    I,
    Christan
    L. Moffett, Clerk of
    the Illinois
    Pollution
    Control
    Board,
    hereb~
    c9tify
    the
    a~ove
    Opinion
    and
    Order
    were
    ado~edon
    the
    ~
    day
    of
    ~
    1978 by
    a
    __
    (n
    ~J
    ~4J~
    Christan
    L. Moffett,
    le
    Illinois Pollution Contr
    oard
    —I’
    4rrP

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