ILLINOIS POLLUTION CONTROL BOARD

February 6, 1975

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 72—453

UNION OIL COMPANY OF CALIFORNIA,

Respondent.

Mr. Dennis R. Fields, attorney for Complainant.

Mr. Arthur T. Lennon, attorney for Respondent.

OPINION AND ORDER OF THE BOARD (by Dr. Odell)

On November 21, 1972, the Environmental Protection Agency

(Agency) filed its Complaint against Union Oil Company of

California (Union Oil) with the Pollution Control Board (Board).

It was alleged that Union Oil owned and operated a petroleum

refinery at 135th Street and New Avenue in Lemont, Will County,

Illinois. The Agency charged that the equipment and process

employed by Respondent to refine crude oil were operated in such

a way as to violate Section 9(a) of the Environmental Protection

Act. Such violations allegedly occurred on March 17 and 18,

1970; April 28, 1970; August 6, 1970; August 24 and 25, 1971;

and March 13, 16, 18, and 22, 1972.

On December 26, 1974, a hearing was held in Joliet,

Illinois. No explanation was given for the two year delay be-

tween the filing of Complaint and the hearing. A Stipulation

and Proposal For Settlement was made part of the record. The

Statement of Facts indicated that Union Oil’s refinery began

operation in July, 1970. In construction of the facility,

approximately $30,000,000 (15 of the total cost) was spent on

pollution control equipment. The Respondent annually spends

$1,500,000 (3 to 4 of the total maintenance cost) for the

maintenance and operation of its pollution control equipment.

The Statement of Facts indicated that prior to November, 1972

area citizens had smelled hydrocarbons and sulfur dioxide odors,

which occasionally caused physical discomfort, coming from the

direction of Union Oil. Respondent acknowledged occasional

breakdowns in its process equipment during this same period. No

substantial complaints have been received by either of the

parties since September, 1972, and the Agency believes that

any deficiencies have been corrected. Union Oil contends that

no such deficiencies ever existed. The Statement of Facts in-

dicated that Union Oil believed that the source of many citizen

complaints was not traceable to Union Oil, and that no violation

of any Federal or State laws and regulations has occurred.

15—355

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—2—

The Terms of Settlement provided that:

“Union Oil does not admit, by entering into

this settlement, any wrongdoing or violation of

any law, rule or regulation of the State of

Illinois or any of its agencies. This proposed

settlement is expressly conditioned upon, and

effective only with, approval thereof in all

respects of the Illinois Pollution Control Board,”

Union Oil agreed to remit $3,000 to the State of Illinois upon

adoption by the Board of the Stipulation and Proposal For

Settlement. No witnesses came forward to testify at the hear-

ing.

We accept the Stipulation and Proposal For Settlement

entered into between the parties. The information indicates

that neither the discomfort suffered by the citizens was long

lasting nor does it appear that the emissions had a significantly

adverse environmental impact. The problem now appears to be

resolved. Union Oil has shown good faith in the expenditure of

substantial sums to control its emissions. While we customarily

do not assess a penalty without finding a violation, it is clear

that we have the power to do so in a Settlement such as this.

If the Proposal For Settlement were rejected, the case would be

remanded for further hearings. Public interest and the environ-

ment would not be served by such action. An agreement in a

Stipulation means that the parties waive all right of appeal.

In this case, we believe that the public interest is adequately

protected by Board acceptance of this Stipulation and Proposal

For Settlement.

This Opinion constitutes the findings of fact and con-

clusions of law of the Board.

ORDER

IT IS THE ORDER of the Pollution Control Board that:

1. Respondent pay $3,000 to the State of Illinois

pursuant to the Terms of Settlement 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 30 days of the adoption of

this Order.

2. The Complaint is hereby dismissed with prejudice.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board, hereby certfy hat the above Opinion and Order was adopted

on the ~ day ~

1975, by a vote of

to

Christan L. M

t