ILLINOIS POLLUTION CONTROL BOARD
    October 17, 1974
    ENVIRONMENTAL PROTECTION AGENCY,
    Complainant,
    v
    )
    PCB 73-50
    CARUS CORPORATION,
    a Delaware
    corporation,
    Respondent.
    Mr. Fredric J. Entin, attorney for Complainant.
    Mr. Eugene W. Beeler, Jr., attorney for Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr.
    Odell)
    The Environmental Protection Agency
    (Agency)
    filed a
    Complaint against the Carus Corporation
    (Carus)
    on February
    2,
    1973.
    An Amended Complaint was filed March
    9,
    1973, and a
    Second Amended Complaint was filed August 17, 1973.
    The Third
    Amended Complaint was filed September 14, 1973.
    In this Complaint,
    the Agency alleged that:
    1.
    Respondent, from August 31,~l970,to September 14,
    1973,
    discharged effluent into the Little Vermillion River from the
    South Lagoon of its facility in violation of Section 12(a)
    of the
    Environmental Protection Act
    (Act).
    2.
    Respondent, from August 31,
    1970,
    to March 7,
    1972,
    operated its wastewater facilities
    in such
    a manner as not to
    remove color to below obvious levels from the effluent which dis-
    charged into the Little Vermillion Creek in contravention of Rule
    1.08(10) (b) (3)
    of the Illinois Sanitary Water Board Rules and
    Regulations
    (SWB—14).
    3.
    Respondent, from August 31,
    1970,
    to March
    7, l~72,
    operated its wastewater facilities
    in a manner producing odor in
    disregard of Rule 1.03(c)
    of SWB-l4.
    4.
    Respondent, from March 7,
    1972,
    to September 14, 1973,
    operated its wastewater facilities in a manner allowing effluent
    from the South Lagoon to contain visible oil and failed to provide
    for removal of color and turbidity to below obvious levels contrary
    to Rule 403 of Chapter
    3: Water Pollution Regulations of Illinois
    (Chapter 3).
    On March
    28,
    1974,
    a hearing took place in Ottawa,
    Illinois.
    A Stipulation and Proposal For Settlement (Stipulation) was made
    part of the hearing record.
    On May 29, 1974, the Pollution Control
    Board
    (Board)
    ruled that the Stipulation was unacceptable.
    First,
    14
    163

    —2—
    no violations were admitted, and the evidence was insufficient to
    determine whether any offenses had occurred.
    Second,. the
    Stipulation did not make clear whether the program of compliance
    would achieve conformance with all applicable regulations.
    Third,
    the inconsistent legal remedies
    of a penalty and dismissal were
    both sought in the Stipulation.
    We stated that we could not
    implement both remedies because “payment of
    a $900.00 penalty is
    predicated on violation of the Act or regulations;
    dismissal
    implies that no violation has occurred.”
    On September 18,
    11974,
    the parties submitted to the
    Board an Amended Stipulation and Proposal For Settlement
    (Amended
    Stipulation).
    The parties stipulated that color violations under
    Rule 1.08 (10) (b) (3) occurred on June 9 and September 14,
    1971;
    Respondent also admitted violating the color and oil standards of
    Rule 403 of Chapter Three on March
    7 and December 19,
    1972.
    We
    hold that violations
    of Rule 1.08 (10) (b) (3)
    and Rule 403 took
    place
    as admitted.
    In pertinent part,
    the Amended Stipulation stated:
    1.
    Carus
    “is presently engaged in the manufacture of
    industrial use chemicals, including CAIROX potassium permanganate,
    hydroquinone, and Mn28 manganese sulfate.
    Carus also produces,
    on
    a much smaller scale, several dry—mix chemicals of
    a proprietary
    nature.
    It employs 169 persons.
    .
    2.
    “All water from the barometric condensors,
    equipment
    cooling water, drinking fountain water, and water from the boiler
    feed water station
    is discharged directly to the South Lagoon
    which,
    in turn,
    is designed to prevent the discharge of insoluble
    manganese and suspended solids into the Little Vermillion River.
    The South Lagoon is approximately 650
    feet by
    300 feet,
    has a
    design capacity of 1,500 gallons per minute,
    and discharges
    at
    the rate of approximately 670 gallons per minute.
    The South
    Lagoon and its effluent are the subject of this Enforcement
    Action.
    .
    3.
    “Carus has undertaken various process and maintenance
    control improvements which were also expected to enhance the
    quality of the South Lagoon effluent, some of which were internally
    approved and begun prior to filing of this Enforcement Action by
    the Agency.”
    The total cost of such improvements was in excess of
    $80,000.
    4.
    “The parties hereby stipulate and agree to the follow-
    ing special conditions which shall modify this proposal notwith-
    standing any of the above terms and conditions:
    (a)
    The process and maintenance control improvement
    projects, having been completed,
    the parties hereby
    stipulate that the South Lagoon effluent is in com-
    pliance with those regulations for which violations
    were charged by the Agency in its Third Amended Com-
    plaint.
    14
    164

    —3—
    (b)
    The parties are submitting this amended proposal
    for settlements which,
    in conjunction with the record
    of the hearing previously held on March
    28,
    1974, in
    Ottawa,
    Illinois, should provide sufficient basis
    for
    the Board to enter a final order incorporating the
    terms and provisions provided herein.
    (c)
    Carus agrees to remit $900.00 to the State of
    Illinois
    as a civil penalty for those violations
    admitted above.
    Said penalty will be paid within
    35 days following the entry of the Order of the
    Board in this case.
    (d)
    In the event that the Agency determines
    to take
    samples
    that in any way relate to any Carus effluent,
    Carus shall be provided an opportunity to have its
    representative accompany any Agency personnel during
    such sampling for the purpose of observing Agency
    sampling techniques and of obtaining split samples.
    Accordingly, before undertaking any ~such sampling,
    the Agency shall
    (i)
    give notice thereof to Carus,
    and
    (ii)
    provide Carus a reasonable opportunity for
    obtaining
    a representative to accompany Agency
    sampling personnel.
    (e)
    Approval by the Board of this proposal shall
    constitute dismissal with prejudice of the Enforce-
    ment Action herein with regard to the South Lagoon.
    (f)
    Should the Board fail to approve all of the terms
    of this proposal,
    said proposal shal’, at the election
    of either party, be held for naught and no admissions
    or allegations contained herein shall serve to pre-
    judice any party in any subsequent hearing and decision
    of this case.
    We accept the Stipulation and Proposal For Settlement
    entered into between the parties.
    Although the penalty is only
    $900.00, large sums have been spent to bring about compliance
    with the Act and regulations.
    Also, where parties have come to
    an agreement to bring about the cessation of
    a pollution problem,
    we hesitate to disturb the settlement in the absence of citizen
    opposition to
    it.
    Although the Amended Stipulation has satisfactorily
    answered the questions posed in our May 29 Order,
    the parties
    have still failed to resolve the problem of inconsistent remedies.
    Paragraph 4(c)
    calls for a penalty payment while paragraph
    4(e)
    as quoted above prescribes dismissal.
    Since the Amended Stipulation
    should be read as a whole, we construe the “dismissal”
    in
    4(e)
    to
    merely bar the Complainant from bringing another enforcement action
    against the Respondent for the time period and relating to the
    regulations set out in the Third Amended Complaint.
    14—
    165

    —4—
    This constitutes the findings of fact and conclusions of
    law of the Board.
    ORDER
    IT
    IS THE ORDER of the Pollution Control Board that:
    1.
    Respondent cease and ~esist from violating the Act
    and regulations.
    2.
    Respondent pay a penalty of $900.00
    for its violations
    of the Act and regulations established in this Opinion.
    Payment
    shall be by certified check or money order payable to the State
    of Illinois, Fiscal Services Division, Environmental Protection
    Agency,
    2200 Churchill
    Road, Springfield,
    Illinois 62706.
    Payment
    shall be made within
    35 days of the adoption of this Order.
    3.
    The parties carry out Special Condition
    4(d)
    of
    the
    Amended Stipulation as set out above.
    Mr. Marder abstained.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, he~ebycertify
    hat the above Opinion and Order was adopted
    on the
    17
    “~dayof
    _____________,
    1974,
    by a vote of
    .3
    to
    C ristan
    L. M~,y’ett
    14
    166

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