ILLINOIS POLLUTION CONTROL BOARI)

September 

12,

1974

CITIZENS FOR A BETTER ENVIRONMENT,

An Illinois Not-for-Profit Corp.,

Complainant,

vs.

)

POE 74—19

INTERNATIONAL HARVESTER COMPANY,

Hough Division,

Respondent.

Mr. Dennis 

Adamcyzk appeared for Complainant

Mr. William A. 

Domm,

attorney for Respondent

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

Citizens for a Better Environment (CBE) filed a Complaint

against International Harvester Company (Harvester) on January 14,

1974. Harvester owns 

and

operates a facility (the Hough Division)

in Libertyvilie, Lake County, Illinois. The plant is located ad-

jacent to RockJ.and Road and the Des Plaines River, CBE alleged

that:

1. Respondent discharged wastewater into the Des

Plaines River from December 

31,

1972, through

January 14, 1973, without a permit in violation

of Rule 903(a) of the Water Pollution Regulations

of Illinois (Chapter Three)

2. Respondent did not file operating reports pertain-

ing

to effluent discharges from December 

31,

1972,

through 3anuary 

14,

1973, in violation of 

Rule 501

(a) of Chapter Three.

Respondent violated Section 12(a) 

of the

Environ-

mental Protection Act (Act) and Rule 403 of Chapter

Three on the dates of and in the manner set out be-

low:

a. Iron from the facility was discharged into

the Des Plaines River on October 18, 1973;

and

b. Oil from the facility was discharged into

the Des Plaines River on October 18, 1973;

and

c. Chromium (hexavalent) from the facility was

discharged into the Des Plaines River on

October 18, 1973; and

13

—

561

coo ii.

~r n 

Ia ~

char~e~

Je ~ n  

~ver 

L’cv~r 

at I

ec~o a 

Ii~ C

m

~n

~

t

e~ h~t

0oar

ot ~et

~i cc

~et am

t ~s

.pl

c

idar to cair Au 

c r~a~

0 ard

ted th L

~d 0au 

-E

~ ~either 

o

o

C a d uav~ amo a t ~0 aadi~

ral

r a ~epan 

~

~nous

on

Octal

cOot irs artered a Sbipu1a~ion in’~o the record which

the

Boart received on May 13  Paragraph 10 of the Stipulation

stated ti- t a ~1 00 penaLty was to be paid to the Otate 

Il irois ~or rater pollution control research. In our Interim

Order of o ne 20, we remanded the case to the parties for further

proceedings. We indicated that one Board lacked ~he power to

authorize payments for water pollution control research. We re-

quested the parties to amend the Stipulation to provide that any

agreed upon penalty be payable to the general revenue of the

Sba4-e of Illinois. The parties submitted an Amendment To The

otirulation on July 15, ~974, iudicating that Respondent would

rake

‘a 

donation to 

the

College

of

Lake County

an

Grayslake,

Illinois n the amount of $1,000,”

The other portions of the original Ctipulation remained

uncharged In p~rtonentpare the May 13 Stipulation stated

that:

‘1 International Harvester Company admits that it

13ad not obtained, subsequent to June 30, 1973,

a permit for its discharge of non—contact cool-

ing water pursuant to one Illinois Pollution

Control Regulations.

“2. international Harvester Company admits that on

October 18, 1973, it discharged iron, oil and

hexavalent chromium into the Des Plaines River,

and that on November 8, 1973, it discharged

chromium into the Des Plaines River,

International Harvester admits that the discharges

listed in this paragraph 2 exceeded Section 12(a)

of the Act and Section 403 of the 

Water Pollution

Control Regulations.”

As part of its compliance program included in the Stipulation,

Harvester 

agreed to locate industrial wastes flowing into the Des

Plaines River and divert such wastes to its new treatment plant,

continue sampling surveillance, cease and desist from all violations,

send final sampling reports to the Board, and advise the Environ-

mental Protection Agency (EPA) of any accidental spills.

Finally, in the Amendment To The Stipulation received on

—

562

34

U.  u ira! a    

r~

at ad S tU.u Iacamr~y

bU. r a chrugirg rho

a

I

~e~er 

~.m cc cc the

ei~

s en s  coo rts wer’~ rot  plate ne tespondert

am h~ed ti amed   

ty

2

~—

Sa~ u~c1istria

isLe” from t e pair~too tis, tart ~asher  tam  earamn~ 0 22’

rd oi~rgtowers ~o’tiriuedtc e ii”’~arged into Sic Des ?~a as

9~ve~Se LU. th~ ~ cv na3 

~i~t

am

I th 

iraustr~

astec

o the t ru ~

A— 

6 but in fact

1~is has noS

e basis

I h~ ad:

~onq U. ReLpordent

a md ttiat

act am U.   

L ‘the  t auth  le- 303 a and 403 oc Chao~er

three have beers 

lated. We f ni ro iolatior, U. A La 501 a

‘~

ause no am’ dence as amour ttad on th s pci t  

~oations of

Sion 12  ~camr-ed  

~r U. 

amJ

3’o-am~beu 

3  Hu~e

9 (a) is a continuing violat’ n since June 30, 

L9~3

in thaS

Rampondent has no EPA permit to operate ~ts treatment works. Ruae

403 was violated Li the sane uranner and on the same dates as

Section 12(a) of the Act, namely, October 18 and November 8, 19~3

We accept the Stipulation entered into between the parties

in this case. Respondent has shown good faith in his efforts to

solve his pollution problems. Acceptance of the Stipulation will

result in immediate pollution abatement efforts. The environmental

consequences do not appear serious, The parties have dealt at arms-

length in reaching a solution to the problem. It is also relevant

that no citizens raised any objection to this Stipulation during

the hearing.

We believe that a $1,000.00 penalty is a reasonable one,

However, the payment of a penalty to an entity such as the College

of Lake County does not conform with the intent of the Act. Since

the Stipulation was not made conditional upon complete and unaltered

acceptance by the Board, and since the parties failed to carry out

our June 20 directive, we unilaterally modify the Stipulation so

—4—

that the penalty is 

payable to the general revenue of the State of

Illinois. 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. International Harvester Company shall sample various

drains, manholes, and storm sewers as related to 

its

industrial

wastes 

from its industrial processes at its Libertyville facility

in an effort 

to trace and identify the source or sources of any

industrial wastes which may be entering into the storm sewer system.

Initial sampling must he begun within 30 days after the adoption of

this Order.

2. International Harvester Company shall establish and

implement a plan to connect all such industrial wastes that it

discovers, pursuant 

to

Order 

1

above, to its new central water

tteatment plant. International Harvester Company must furnish a

copy of the plan 

to

Citizens For A Better Environment, attention

Mr. Adamczyk. If no industrial wastes are discovered, pursuant to

Order 

1 above, International Harvester Company 

will 

furnish a

letter 

to the Citizens For A Better Environment, attention Mr.

Adamczyk, statino that fact.

3. International Harvester 

Company 

shall 

carry 

out

an

on—going sampling program to monitor the effects 

of any 

changes

made pursuant 

to

Order 2 above.

4, International Harvester Company 

shall 

furnish to the

Illinois Environmental Protection Agency a copy of the 

final

sampling report which shows no industrial wastes going into the

storm sewers. If 

a

final 

sampling report is unavailable 

within

6 months of the adoption of this 

Order, International Harvester

Company shall furnish

a progress report by

that date and there-

tar every 6 months until 

the

final sampling report is available

showing no industrial waste discharge into the storm sewer.

Copies

of these reports shall also be furnished by Respondent. to the

Citizens For A Better Environment, attention Mr. Adamczyk.

5. international Harvester Company shall apply for any

permits that 

are required pursuant 

to the Illinois Pollution

Control Board regulations.

6. International Harvester Company shall cease and desist

from violating Section 12(a) of the Act and Rules 403 

and

903(a)

of Chapter Three.

7.

International

Harvester Company shall advise the

Illinois Environmental Protection Agency of any accidental spills

of

industrial 

wastes

into its storm sewers until December 

31, 1975,

International Harvester Company shall pay a penalty of

13— 564

000 ~00 for 

the violations of the Act

and reulations found in

this Opinion.

Payment shall be by certified check or money order

made payable to the State of Illinois,

FIscaL Services Division,

Environmental Protection Agency, 2200 Churchill Road, Springfield,

Illinoi.s 62706. Payment shall be made within 30 days of the adop-

tion of this

Order.

I, Christen U Moffett, C1erJ~ of the Illinois Pollution Control

Board, hereby certify tL~at~)the above Opinion and Order w~s adopted

on the /~‘~ day ~

1974, by a vote of r~ So

13—565