ILLINOIS POLLUTION CONTROL BOARD
    December
    5,
    1974
    )
    ENVIRONMENTAL PROTECTION AGENCY
    )
    )
    )
    v.
    )
    PCB 74-265
    )
    )
    BENJAMIN HARRIS ~ COMPANY
    )
    )
    MT. JEFFREY
    S. HERDIN, Assistant Attorney General, appeared on
    behalf of the Environmental Protection Agency;
    MR. BRUCE A.
    SPEAR, Aitheimer ~ Gray,
    appeared on behalf of
    Benjamin Harris ~ Company
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle):
    The Agency filed
    a complaint against Respondent
    (Benjamin
    Harris
    ~ Company)
    on July
    10,
    1974, charging it
    with failure
    to obtain a permit for the discharge wastewater
    to Thorn Creek,
    a water of the State of Illinois,
    and that failure
    to obtain
    a permit constituted a violation of Rule 903(a)
    of the Water Pollu-
    tion Regulations, and of Sections 12(a) and
    (b) of the Environmental
    Protection Act.
    A hearing was held on September 4, 1974,
    at which no witnesses
    appeared but a Stipulation of Facts, agreed upon by the Agency
    and Respondent, was presented.
    The Stipulation does not contain
    a proposal for settlement.
    STIPULATION OF FACTS
    1.
    Respondent
    is
    an Illinois corporation having
    its principal
    place
    of business
    in the City of Chicago Heights, County
    of
    Cook,
    State of
    Illinois.
    2.
    Respondent
    is engaged in the business of reclaiming
    and recycling used materials for reuse by industry in the
    form of brass and bronze
    ingot,
    as well
    as the production of
    ingot from virgin metal.
    3.
    Respondent owns and operates
    a certain facility for
    the smelting of brass
    and bronze located at the intersection
    of 11th and State Streets, Chicago Heights, Cook County,
    Illinois.
    14—613

    -2-
    4.
    Respondent’s only industrial usage of water
    is
    as
    a
    coolant for its product, ingot.
    The water
    is sprayed over the ingot
    and,
    after flowing through a series
    of settling tanks
    and screens,
    the water,
    in the form of non-contact cooling water,
    is discharged
    into the City of Chicago Heights sewer system, which discharges
    into the State
    Street Ditch which discharges
    into Thorn Creek.
    5.
    The aforesaid non-contact cooling water
    is
    an industrial
    waste
    as
    that term is defined in Rule 104 of the Illinois Pollution
    Control Board Rules
    and Regulations, Chapter
    3 (hereinafter
    referred to as “Water Regulations”) adopted pursuant to Section
    13
    of the Environmental Protection Act (hereinafter referred to
    as
    the
    “Act”)
    ,
    and
    thereby
    is
    “was tewater”
    as
    that
    term
    is
    defined
    in
    Rule
    104
    of
    the
    Water
    Regulations.
    6.
    Thorn Creek
    is
    a “water” of the State of Illinois
    as that
    term is defined in Rule
    104 of the Water Regulations.
    7.
    As
    a result of the discharge of wastewater into the waters
    of the State of Illinois, Respondent’s facility is
    a “wastewater
    source”
    as that term is defined in Rule 104
    of the Water Regulations.
    8.
    Rules
    903(a) and (c)(l)
    of the Water Regulations require
    in part that any wastewater source consisting solely of non-
    contact cooling water obtain an Operating Permit from the Illinois
    Environmental Protection Agency by June 30,
    1973.
    9.
    Since July 1,
    1973, Respondent
    has
    operated its aforesaid
    wastewater source without having first obtained an Operating Permit
    from the
    Illinois Environmental Protection
    Agency.
    10.
    Prior to the filing of the Complaint in this matter on
    July 10,
    1974,
    the Respondent had not knowingly or intentionally
    failed to comply with the provisions
    of the Act or of
    the
    Water Regulations.
    Rather,
    as more particularly described in
    Paragraphs
    11 through 15, below,
    the Respondent
    has at
    all times
    relevant hereto taken steps which,
    the Respondent believed,
    constituted complete compliance with the Act and the Water
    Regulations.
    Further,
    as more particularly described in Paragraphs
    13 through
    17 below, Respondent,
    in cooperation with the EPA is
    taking steps
    to completely eliminate the discharge of wastewater.
    11.
    On June
    21,
    1971, pursuant to the Refuse Act Permit Program,
    the Respondent filed with the Department
    of the Army,
    Corps of
    Engineers,
    its “Application to Discharge or Work in Navigable
    Waters and Their Tributaries.”
    On the same date, Respondent
    informed the EPA of said filing and forwarded to the EPA
    a copy
    of said application.
    Neither the Department
    of the Army nor
    the EPA ever advised Respondent
    as
    to whether said permit would
    or would not be
    issued.
    Copies of said application and correspondence
    relating thereto are
    attached hereto
    as Exhibit A and made part
    hereof.
    14—614

    -3-
    12.
    On or about July
    12,
    1974, Respondent reteived the draft
    NPDBS Permit,
    a copy of which
    is attached hereto as Exhibit B
    and made
    a part hereof.
    Presumably,
    the Draft NPDES Permit was
    received as
    a result of Respondent’s 1971 application as described
    in Paragraph
    11 above.
    13.
    In
    a letter to EPA in early June 1974,
    prior to the film-
    of the Complaint herein, the Respondent advised the EPA that it
    proposed to install equipment necessary to recirculate the water
    used in its production process, thereby reducing the discharge
    to zero.
    A copy of said letter
    is attached hereto
    as Exhibit C
    and made
    a part hereof.
    14.
    In
    a letter dated June
    7,
    1974,
    the EPA acknowledged
    receipt of the Respondent’s letter of early June 1974,
    stating
    as follows:
    “We
    are pleased to note that action
    is being taken
    to recirculate the water used for cooling of ingots
    and to, thereby eliminate its discharge to the storm
    sewer.
    We trust that this will eliminate discharge
    of all industrial discharges
    to the storm sewer.
    Please advise this office when the above-described
    project has been completed.”
    A copy of said letter of June
    7,
    1974,
    is attached
    hereto
    as Exhibit
    II and made
    a part hereof.
    15.
    In July,
    1974,
    the Respondent initiated a program to
    implement
    the recirculation project and so advised the EPA
    in a letter to the EPA dated July 26,
    1974,
    a copy of which
    is
    attached hereto
    as Exhibit E and made
    a part hereof.
    16.
    Additional correspondence between Respondent
    and the EPA
    regarding Respondent’s recirculation project indicates further
    communication and cooperation between the EPA and the Respondent
    with respect to the implementation of the recirculation project.
    Copies of said correspondence are attached hereto
    as Exhibit F
    and made
    a part hereof.
    17.
    Because the recirculation project, when completed, will
    completely eliminate the discharge of wastewater from the Respondent’s
    facility, the Respondent will not, upon completion
    of the project,
    be required, by the terms of the Act or the Water Regulations,
    to obtain an Operating Permit.
    18.
    Prior to the filing of the Complaint in this matter, the Res-
    pondent had not received any notice from the EPA or any other
    Agency of the State of Illinois
    of any requirement that it
    obtain an Operating Permit, and Respondent had no independent
    knowledge of any such requirement.”
    14—615

    -4-
    We note that the word “non-contact” is incorrectly used both
    in the Complaint
    (Comp.
    P.
    2,
    Para.
    6)(P.
    3, Para.
    9)
    and in the
    Stipulation
    (P.
    3,
    Para.
    4).
    The water clearly contacts the
    ingots and
    is thus contact cooling.
    We also note the silence of the Stipulation on whether
    Respondent has applied for a discharge permit since becoming
    aware of the necessity to acquire one.
    Respondent should immediately
    make application for
    a permit
    if it has not done so, since
    it will be several months before its zero discharge system
    is
    operational.
    Respondent filed
    a Post Hearing Brief on September 10,
    1974,
    pleading that the facts bear against any penalty.
    We consider
    failure to apply for
    a permit quite serious, and while we consider
    as mitigations its misguided actions
    in applying for a permit
    and its initiation of a program to reduce its discharge to zero,
    we cannot overlook its failure completely.
    This Opinion constitutes
    the Board’s findings of fact and
    conclusions
    of law.
    ORDER
    It
    is
    the Order of the Pollution Control Board that:
    Benjamin Harris and Company pay a penalty of $200 for violation
    of Rule 903(a)
    of the Water Pollution Regulations, payment
    to be
    made within
    35 days
    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 Environmental
    Protection Agency,
    2200 Churchill Road,
    Springfield, Illinois
    62706.
    I, Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certify
    the above Opinion and Order were
    adopted on the
    5V’*
    day of December, 1974 by
    a vote of
    5—
    O
    Ch~4M~L~oLt
    7~4~
    G~)
    Illinois Pollution Control Board
    14—616

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