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