ILLINOIS POLLUTION CONTROL BOARD
October 24, 1974
ENVIRONMENTAL PROTECTION AGENCY
COMPLAINANT
v.
)
PCB 74—259
ZENITH RADIO CORPORATION, a
Delaware Corporation
RESPONDENT
MR. JAMES K. JENKS II, ASSISTANT ATTORNEY GENERAL,
on behalf of the
ENVIRONMENTAL PROTECTION AGENCY
MR.
JOHN VANZEYL: attorney, on behalf of Respondent, ZENITH RADIO CORP-
ORATION
OPINION
AND
ORDER OF THE BOARD (by Mr. Marder)
This case comes to the Board on the Amended Complaint of the Envir—
onmental Protection Agency, filed August 15, 1974, charging Zenith Radio
Corporation with a violation of Rule 903 (a), Chapter 3, Rules and Reg-
ulations of the Illinois Pollution Control Board. The Complaint goes
on to state that in the operation of Respondent’s manufacturing facility
located at 2407 North Avenue, Meirose Park, Illinois, Respondent operated
a treatment works, consisting of 31 5500 gallon tanks for pretreatment
and p11 adjustment of industrial wastes.
It is charged that these facilities have operated since January 1,
1973, and continuing every day until the filing of the Complaint, with-
out first obtaining an operating permit as required by Rule 903 (a) of
the Water Regulations.
Hearing was held on September 23, 1974, in Chicago,
Illinois, pursu-
ant to Rule 334 of the Board’s Procedural Rules, at which time a stipu-
lation of facts and settlement agreement were submitted to the Board.
~o members of the public were present.
The facts as stipulated to are as follows:
1. Respondent admits ownership of the facility as alleged
in the Complaint;
2. Respondent has a total of 31 5500 gallon tanks used for
pretreatment and pH adjustment of industrial wastes in
three different areas operating throughout the plant.
Four of the tanks are arranged in series outside of the
building on the east side. These tanks are used to treat
wastes from the regeneration of the deionizers before the
14
—
279
—2—
waste is discharged into the sanitary sewers. The
pH is adjusted automatically with acid and caustic
supplied from nearby tanks. Eighteen 5500-gallon
tanks are located in the basement of the building
under the picture tube process floor. All wastes
treated there are acid with the resulting effluent
discharged to the sewers. Nine 5500-gallon tanks
are located in the basement of the facility beneath
the wash and etch machines. ‘Waste there is both acid
and caustic, and is treated and discharged to the
sanitary sewers.
3. Respondent admits violation of Section 12 (b) of the
Environmental Protection Act and Rule 903 (a) of Chap-
ter 3, of the Board’s Rules and Regulations.
The parties state that the proposed settlement in this matter will
be in the public interest and will save prolonged litigation expenses
and will in fact bring about compliance with the rules for which Re-
spondent was charged.
Respondent has agreed to pay a penalty of $1500 for the violations
of Section 12 (b) of the Environmental Protection Act and 903 (a) of
the Board’s Rules. Respondent also agrees to immediately proceed to
obtain operating permits from the Environmental Protection Agency for
the facilities in question.
The Board finds the stipulation of facts sufficient to find viola-
tions of the rules charged and also finds that the settlement agree-
ment is adequate and acceptable.
It should be noted that under the NPDES system, most pretreatment
plants will not need permits under Chapter 3 of the Regulation. At
the present time, the Board does have the authority to regulate the
flow into sewers. Armstrong Chem. Co., Inc., v. Pollution Control
Board
,
18 Ill. App. 3rd 753 (1974); Staley v. Environmental Protect-
ion Agency, 8 Iii. App. 3rd 1018, 290 NE 2d 892.
This Opinion constitutes the findings of fact and conclusions of
law of the Board.
ORDER
IT IS THE ORDER of the Pollution Control Board that Respondent, Zen-
ith Radio Corporation, is found in violation of Section 12 (b) of the
Environmental Protection Act and Rule 903 (a) of Chapter 3 of the Rules
and Regulations of the Pollution Control Board.
1. Respondent shall pay a fine of $1500 to the State
of Illinois within 35 days from the date of this
Order. Penalty payment by certified check or money
order payable to the State of Illinois shall be
made to: Fiscal Services Division, Illinois Environ-
mental Protection Agency, 2200 Churchill Road,
Springfield, Illinois 62706.
14 —280
—3—
2. Respondent shall cease and desist violations of the
Sections of which it is found to be in violation
within 90 days of the entry of this Order.
3. Respondent shall submit permit applications to the
Environmental Protection Agency within 21 days of
the entry of this Order.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, certify that the above Opinion and Order was adopted by the
Board on the 24th day of October, 1974, by a vote of 5 to 0.
14—281