ILLINOIS POLLUTION CONTROL BOARD

June

7,

1973

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 72—269

CHICAGO & EASTERN ILLINOIS RAIL-

ROAD COMPANY,

a corporation,

Respondent.

Douglas T. Moring, Assistant Attorney General,

on behalf of

Complainant;

Patrick C. Mullen on behalf of Respondent.

OPINION

AND

ORDER OF THE BOARD

(by Mr.

Seaman):

This is a complaint brought by the Environmental Protection

Agency

(hereinafter referred to as Agency)

against the Chicago

& Eastern Illinois Railroad Company,

a corporation,

(hereinafter

referred to as Respondent).

The complaint charges the Respondent with numerous viola-

tions of Sections 12(a)

and

(d) of the Environmental Protection

Act (hereinafter referred to as Act)

and of Rule 403 and 601 (b)

Chapter

3 of the Illinois Pollution Control Board

(hereinafter

referred to as Rules).

Other violations ch~rgedwere of Rule

10(c) and of Rule 1.03 of SWB-15 and continued in effect by

Section 49(c)

of the Act.

Respondent operates a railroad yard and diesel servicing

facility in Dolton, County of Cook,

Illinois.

Specifically,

it

is charged that Respondent discharged diesel oil into a storm

sewer which in turn discharged the oil into the Little Calumet

River; deposited diesel oil upon its land in such

a manner as to

create

a water pollution hazard; discharged diesel oil as an

effluent into the Little Calumet River;

failed to take reason-

able measures to prevent the spillage of diesel oil from causing

water pollution;

failed to provide facilities

for the treatment

of industrial wastes; and allowed the soil and surface at its

facility to become so saturated with diesel oil as to cause a

continuing water pollution hazard from rain water runoff.

8

—

201

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—2—

The violations

of both the Act and Rules and Regulations

controlling the discharge of debris,

oil, grease,

scum or

sludge solids spans a period of time between July,

1970 and

June,

1972

(See Exhibit A).

A Stipulation was filed between the Respondent and the

Complainant which stipulates to the facts of the complaint,

Exhibit A and to the pictures and evidence contained in Exhibit

B.

Let the Board now indicate that the chronicle of evidence

presented by Agency Engineer Lawrence E.

Ziemba in Exhibit B

represents one of the Agency’s best efforts.

The Stipulation attempts

to mitigate Respondent~sviola-

tions by showing prosecutions and convictions by other govern-

mental agencies and by a showing of the expenditure of

approximately Two Hundred Thousand Dollars

($200,000)

for the

installation of control devices.

We are always impressed with

a program of compliance and

indeed the expenditure of the monies aforementioned to suggest

that the Respondent is making

a good effort toward averting

further violations and this persuades us to impose a lesser

penalty than would otherwise prevail.

We

are not impressed as mitigation that both the United

States Government and the Metropolitan Sanitary District of

Greater Chicago have either assessed fines, injunctions, or water

pollution abatement programs against the Respondent prior to our

decision.

This Opinion constitutes the findings of fact and conclu-

sions of law of the Board.

IT

IS THE ORDER of the Pollution Control Board that the

Respondent, Chicago

& Eastern Illinois Railroad Company,

a

corporation:

1.

Cease and desist from the continuation of the afore-

said violations;

2.

Excavate its facility, provide dikes, clean exist-

ing storm sewers,

and submit its water pollution abatement

program to the Agency for its approval within

35 days from the

date of the entry of this Order.

8

—

202

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—3—

3.

Chicago and Eastern Illinois Railroad Company

shall pay to the State of Illinois the

sum

of $5,000 within

35 days of the date 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,

certify that the above Opinion and Order was adopted by

the Board on the

7’~

day of

—.

,

1973,

by a

voteof

4

to

~