ILLINOIS POLLUTION CONTROL BOARD
    February 28, 1974
    ENVIRONMENTAL PROTECTION AGENCY
    v.
    PCB 73-309
    J
    )
    METAL DROSS CORPORATION
    )
    )
    MR. PHILLIP A. YAFFA, appeared for Metal
    Dross
    Corporation
    MR. JOHN E. SLATTERY, Assistant Attorney General, appeared for
    the Environmental Protection Agency
    OPINION AND ORDER OF THE BOARD
    (by Mr. Dumelle)
    A complaint
    w.as filed on July 30,
    1973 against Metal Dross
    Corporation,
    a metal reclamation facility in Batavia, Kane County,
    Illinois.
    The complaint alleged both air and water regulation
    violations and violations of the Environmental Protection Act as
    detailed below.
    Air pollution violations from ~ovein’ber
    17, 1971 to the date
    of filing of the complaint were alleged of Sections 9(a) and
    (c)
    of the Act and of Rules 2-1.1
    and 2-1.2.
    Also alleged from
    April
    14,
    1972
    to the date
    of filing were violations of Section
    9(c)
    of the Act and Rule
    502(a) because of open burning of refuse
    contained in copper mud-waste materiaL
    Violations
    of Rule 109
    were alleged for the same April
    14,
    1972-July
    30,
    1973 period by
    burning copper mud-waste material on the floor of respondent’s
    building in such
    a way as
    to conceal
    the total amount of air con-
    taminants emitted
    to
    the atmosphere.
    For the period from November 17,
    1971-April
    13, 1972
    the same type of violations
    is alleged against
    Rule 3-3.400.
    The water pollution violations were alleged from January
    22,
    1973 to July 30, 1973 by placing oil wastes on
    land so
    as
    to create
    a water pollution hazard
    (Section 12(d)
    of the Act)
    and by releasing
    excessive amounts of copper,
    lead,
    zinc, visible oil,
    color and
    turbidity above obvious levels such as to violate Section
    12(a)
    of the Act and Rule
    403.
    The installation of a baffle without a
    11—373

    -2-
    permit
    (Rule
    903(a)
    and Section 12(b)
    of the Act) and its operation
    by the respondent in an improper manner during flooding and adverse
    weather contingencies in violation of Rule
    601(a)
    is alleged for
    the same period.
    Violations
    of Rules
    203(a)
    and 402 are alleged
    from January 30,
    1973 to July
    30,
    1973 by causing or allowing
    unnatural bottom deposits, visible oil and unnatural color and
    turbidity
    to be present in the stream
    to which the respondent’s
    effluent discharges.
    Water quality standards violations were
    alleged between February
    6,
    1973 and July 30, 1973 for copper,
    lead and zinc
    in the same stream in violation of Rules
    203(f)
    and 402.
    On October
    4,
    1973
    a hearing was held in Batavia.
    Commissioner
    Eldon Fryendall of the Batavia Park District told of the discovery
    about two years earlier of oil coming from respondent’s building
    into the stream
    (R.
    5).
    Counsel for respondent stated that
    the
    site has been cleaned and leveled and that no problems should
    recur
    (R.
    7).
    Dick Young, Environmental Director for Kane
    County,
    testified that in his opinion the bulldozing work done
    would eliminate oil running into the stream.
    On November 15,
    1973
    a second hearing was held in Batavia
    and
    a Stipulation and Proposal
    for Settlement was received.
    No
    members
    of the public were present.
    The stipulation states that the founder and president of
    the firm died on May 23, 1972
    and that as
    a result the board
    of directors and shareholders met and voted on July 5,
    1973
    to
    dissolve the corporation.
    A certified copy of the resolution
    authorizing
    the dissolution of the corporation was submitted as
    Exhibit “B”.
    The stipulation further promises that after dis-
    solution the business will not be carried on under
    a different
    name or style.
    The proposed settlement
    contains
    an admission by the respondent
    to all allegations contained in the complaint.
    The terms
    of the
    settlement
    are as follows:
    The parties hereby stipulate
    and agree that the settlement
    of the above-entitled enforcement action shall be
    as
    set
    forth below.
    The proposal settlement
    is expressly conditioned
    upon,
    and effective only with approval thereof in all respects
    by
    the Illinois Pollution Control Board of this Stipulation
    and Proposal for Settlement,
    If for any reason,
    the Pollution
    Control Board has any objection to the aforesaid Stipulation
    and Proposal for Settlement, then the Stipulation and Proposal
    11—374

    -3-
    for Settlement
    shall he null, void and of no effect.
    The
    parties further stipulate that any admissions
    and all statements
    contained herein shall be null,
    void
    and of no
    effect in the
    event that the Board fails
    to approve the following terms
    of settlement in all respects:
    I.
    Metal Dross Corporation admits
    all the facts and
    allegations complained
    of in the Complaint filed
    in the
    instant cause.
    2,
    Metal Dross Corporationwill
    commence voluntary
    dissolution in the State
    of Dei~ware and will serve copies
    of the Articles
    of Dissolution upon the Secretary of State
    of Illinois.
    3.
    Metal Dross Corporation will cease
    and desist in
    all of its operations
    and will no longer carry on business
    in
    the State of Illinois after October 15,
    1973;
    and, further,
    it will liquidate all
    of its assets pending determination of
    this litigation.
    4.
    Metal Dross Corporation agrees
    that
    it
    will
    not
    form
    another business entity to conduct
    a
    like business on the premises,
    and that
    the
    assets will he disposed of in such
    a manner that
    a
    like business will not
    be
    conducted on the premises,
    as
    described in the Complaint.
    (I~xhibituA~7),
    E.
    Metal
    Dross
    Corporation
    agrees
    to
    remit
    to
    the
    State
    of
    Illinois
    $2,000.00
    for
    the
    violations
    of
    the
    Air Pollution
    Regulations
    and
    $1,000.00
    for
    the
    violations
    of the Water
    Pollution
    ~egulations
    in
    penalty
    for
    the
    violations
    as alleged
    in
    the
    Complaint.
    The settlement provides that
    it must he
    approved
    in all
    respects
    by
    the
    Board
    otherwise
    it
    shall
    he
    null,
    void
    and
    of
    no
    effect,
    While
    we
    have
    little
    in
    the
    record
    as
    to
    the
    environmental
    effects
    or
    damages
    sustained
    because
    of
    the
    admitted
    violations
    we
    do
    feel
    that acoeptonce should be made
    of
    the
    settlement.
    The
    problem
    has been
    corre
    ~te~
    as
    shown
    by
    the testimony of ~4r.
    Young.
    The corporation
    was
    to
    go
    out
    of
    business
    on
    October
    15,
    1973
    and
    needs
    to
    settle this
    cairn
    in
    order
    to
    do
    so.
    We
    accept
    the
    settlement
    as
    proposed~
    Since
    the
    corporation is
    dissolving
    no
    cease
    and
    desist
    order
    seems
    necessary.
    This
    opinion
    constitutes
    the
    Board’s
    findings
    of
    fact
    and
    conclusions
    of
    law.

    -4-
    0RDER
    1.
    The Stipulation and Proposal for Settlement filed
    November 15, 1973
    is accepted in full.
    2.
    Metal Dross Corporation shall within
    35 days remit
    to the State of Illinois the sum of $2,000 for stipulated
    violations
    of the Air Pollution Regulations and the sum
    of $1,000 for stipulated violations of the Water Pollution
    Regulations.
    Payment shall be made by certified check
    or money order
    to:
    Fiscal Services Division, Illinois
    Environmental Protection Agency,
    2200 Churchill Drive,
    Springfield,
    Illinois
    62706.
    IT
    IS SO ORDERED.
    I,
    Christan L. Moffett,
    Clerk of the Illinois Pollution Control
    Boa~d,hereby certify the above Opinion and ~rder were adopted on the
    ~_day of February, 1974 by
    a vote of
    ~—ø
    Q~s~ft7~4I~
    Christan L. Moffe~~’Clerk
    Illinois Pollution Control Boar~
    11
    —376

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