ILLINOIS POLLUTION CONTROL BOARD

April

8,

1976

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

v.

)

PCB 75—256

MONTGOMERY TANK LINES, INC.,

)

an

Illinois corporation, and

JAMES

W. FRITZ, an individual,

Respondents.

OPINION AND ORDER OF THE BOARD

(by Mr.

Zeitlin):

This matter is before the Board on a Complaint filed June

27,

1975,

by the Attorney General, alleging that Respondents Montgomery

Tank Lines,

Inc.

(Montgomery)

and James W.

Fritz caused or allowed

the emission of odors into the atmosphere

in violation of

§9(a)

of

the Environmental Protection Act

(Act).

Ill.

Rev.

Stat.,

Ch. 111-1/2,

§1009(a)

(1975).

A hearing was held

in Chicago on January

5,

1976,

at which time the parties submitted a Stipulation and Proposed

Settlement

(Stipulation) which forms the basis of this Opinion and

Order.

Montgomery operated

a tank truck washing facility at 17750

Chicago Avenue

in Lansing,

Illinois.

Various chemicals,

corrosives,

edible products, oils and other products were cleaned from the tanks

through the use of detergents

and, occasionally, caustics.

Solid

residues from the washing were disposed of by landfilling, and the

liquid wastes were previously discharged to the City of Lansing

sewer system.

On May 8,

1975, Montgomery cleaned a tank which had contained

ethyl acetate.

Due to sewer problems,

the resulting discharge

remained at

the site for three days, resulting in severe, nauseous

odors which significantly interfered with the enjoyment of life

of

nearby residents.

Montgomery admits to a violation of

§9(a)

in

this regard,

and agrees to a penalty of $500.00.

To prevent future problems, Montgomery moved its location

approximately 1,000 feet to the northwest

in October,

1975.

In

addition, Montgomery has ceased washing tanks containing ethyl

acetate.

Montgomery will also, under the terms of settlement

in

the Stipulation, take considerable further steps to prevent the

recurrence of the odor emissions which led to this case.

21 —29

---

—2—

Among the steps to be taken by Montgomery are:

1.

development of criteria for accepting or

rejecting tank trucks for washing and the submission

of those criteria to the Attorney General’s office

for review and approval.

2.

maintenance of records of tank trucks

accepted for washing, by owner or operator, tank

number,

substance cleaned and date cleaned; those

records

are to be available for inspection by the

Attorney General’s office.

3.

development of written operating instruc-

tions for the tank washing operation, with the

instructions to be posted in a conspicuous manner

at or near the platforms adjacent to the washing

stalls; the instructions will be submitted to the

Attorney General’s office.

4.

submission to the Attorney General’s

office of a plan of the washing facilities, with a

schematic flow diagram.

5.

submission to the Attorney General’s

office of the names and addresses of those hauling

solid waste from the facility, as well as the names

of the operators of the landfills to which such

wastes are hauled.

6.

notification of the Attorney General’s

office

in the event of an upset resulting in signifi-

cant odorous emissions

(meaning odors leading to

complaints by three or more individuals, or by a

governmental authority).

7.

opening the facility for inspection by

the Attorney General’s representatives during normal

business hours.

We find the Stipulation acceptable.

The penalty, Montgomery’s

actions to date,

and the actions required by the terms

of settlement

in this case provide a reasonable assurance that future violations

will not occur.

Finally,

the parties agree

in the Stipulation that James W.

Fritz had no interest in Montgomery’s operation,

and was merely the

controlling beneficiary of a land trust owning the real property on

which the operation is located.

Mr. Fritz

shall,

as requested,

be

dismissed.

21—30

---

—3—

This Opinion constitutes the findings of fact and conclusions

of law of the Board

in this matter.

ORDER

IT IS THE ORDER OF THE POLLUTION CONTROL BOARD that:

1.

Respondent Montgomery Tank Lines,

Inc.

is found to have

caused a violation of Section 9(a)

of the Environmental Protection

Act,

in the operation of its Lansing,

Illinois tank truck washing

facility on May

8,

9 and

10,

1975.

2.

Respondent Montgomery shall pay as a penalty for the afore-

said violation the sum of Five Hundred Dollars

($500.00), payment

to be made within thirty-five

(35) days of the date of this Order.

3.

Respondent Montgomery shall comply with all terms and

conditions

of the Stipulation and Proposed Settlement submitted in

this matter, within the times set therefor.

4.

Respondent James

W. Fritz

is dismissed.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution

Control Board, he;eby certify the above Opinion and Order were

adopted on the

~“~‘

day of

-

,

1976,

by a vote of ,~.Q

Illinois Pollution

rol Board