ILLINOIS POLLUTION CONTROL BOARD
May
23, 1972
ENVIRONMENTAL PROTECTION AGENCY
)
#72—86
v.
)
REX
CHAINBELT, INC.
)
OPINION AND ORDER OF THE BOARD (BY SAMUEL T. LAWTON, JR.)
Complaint was filed by the Environmental Protection Agency against
Rex Chainbelt, Inc., alleging that Respondent, in
the operation of
its Downers Grove bearing manufacturing facility, on May 27, 1971,
permitted the escape of cyanide and/or cyanogen compounds so as to
violate Sanitary Water Board Regulation SWB-5, and further, that on
May 27, .1971, Respondent caused or allowed the discharge of effluent
containing cyanide and heavy metals into a storm sewer which flows
into the St. Joseph’s Creek so as to cause, or tend to cause, water
pollution, in violation of Section 12(a) of the Environmental Protec-
tion Act (“Act”),
A penalty in the maximum statutory amount and the entry of such
other and further Orders as may be proper wererequested of the Board.
A stipulation and proposal for settlement was entered into between
the parties, which acknowledges that on or about May 27, 1971, Respon-
dent permitted cyanide and heavy metals to escape from its plant into
a drainage ditch on its property which flows into St. Joseph’s Creek.
Representatives of the Agency and Respondent took samples of the flow
in the ditch on May 27, which analysis is appended to the stipulation
and which notes the presence of cyanide and heavy metals, particularly
copper, cadmium, nickel, zinc, chromium and iron in the ditch. Inves-
tigation by Respondent disclosed that a leak had occurred in the
copper plating tank running to the floor drain and ultimately into
a line connected with the drainage ditch.
On May 28, 1971, Respondent blocked the floor drain line leading
to the drainage ditch and installed a holding tank to contain any fu-
ture spillage. The plating tanks were replaced with polyethylene lined
fiberglass tanks equipped with alarms to guard against undetected leaks.
Respondent contracted for a survey of the plant plumbing and made
corrections limiting future sources of water pollution. Respondent is
considering the possibility of adopting different manufacturing techniques
which will eliminate the present plating room activities.
4
—
549
Periodic sampling of the flow into the ditch subsequent to
May
27, 1971 through
February 14, 1972, disclose an absence of cya-
nide
in
the effluent. Subsequent sampling by the Agency indicates
an
absence of cyanide and satisfactory heavy metal
levels.
The terms of settlement provide that Respondent admits that the
violations complained of did, in fact, take place as
set
forth in
the
stipulation~
but
that
it is
now in compliance with all provisions of
the
Act and all rules and regulations of the Act pursuant thereto,
Respondent agrees to the payment
of
a penalty in the amount of
$2~OOO,O0
for the violations aforesaid, and agrees not to repeat the
violations admitted. The Agency will be given the right of reasonable
;in~pectionof Respondent~sfacilities
in
‘accordance with Section 4(d)
of the Act. The stipulation, both
in
the undertakings of the Respom-
dent and the amount of penalty, appear satisfactory and we will enter
our Order accordingly.
This
opinion constitutes the findings of
fact
and conclusions of
law
of the Board.
IT IS THE
ORDER of the Pollution Control Board:
1.
Rex Chainbelt, Inc., Respondent, shall cease and desist
the
discharge of cyanide and heavy metals, in violation
of the
Rules and Regulations of the Pollution Control
Board
and the Environmental Protection Act.
2.
Penalty in
the
amount of $2,000.00 is assessed against
Rex Chainbelt, Inc. for violation of SWB-5 and Section
12(a) of the Environmental Protection Act, payable
to
the State of Illinois and sent to the Environmental
Protection Agency, Fiscal Services Division,2200 Church-
ill Drive, Springfield, Illinois 62706.
I,
Christan Moffett, Clerk of the Pollution Control Bo~d, certify
that the above Opinion and Order was adopted on the~~3~”dayof May,
1971 by a vote of 4—0.
I,
4 550