RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~RK’S
OFFICE
APR
052004
PEOPLE
OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
)
V.
)
)
PCBOO-142
KEYSTONE CONSOLIDATED INDUSTRIES,
)
INC., a Delaware Corporation,
dlbla
KEYSTONE
)
(Enforcement)
STEEL
& WIRE COMPANY,
)
)
Respondent.
)
NOTICE OF
FILING
TO:
Attached Service List
PLEASE TAKE NOTICE that today we filed with the Illinois Pollution Control
Board an Agreed Motion to Dismiss, a copy ofwhich is attached and herewith served upon you.
Respectfully submitted,
nd
w R. Running
KIRKLAND & ELLIS LLP
200 East Randolph Drive
Chicago, Illinois
60601
(312) 861-2000
Attorneys for KEYSTONE
CONSOLIDATED INDUSTRIES, INC.
DATED:
April
5,
2004
SERVICE LIST
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
Mitchell L.
Cohen
Assistant Attorney General
Environmental Bureau
188 West Randolph Street
20th Floor
Chicago, Illinois
60601
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OPFCE
0. 5
PEOPLE OF THE STATE OF ILLINOIS,
)
4
ex rel.
LISA MADIGAN, Attorney
)
ESTATEOFILLINOIS
General of the State of Illinois,
)
OlIUtIo~
COfltrog Board
Complainant,
vs.
)
PCB No.
00-142
(Enforcement-Water,
RCRA)
KEYSTONE CONSOLIDATED INDUSTRIES,
INC. d/b/a KEYSTONE STEEL & WIRE
COMPANY,
Respondent.
S
AGREED MOTION TO DISMISS
Now comes the Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
ex
rel.
LISA MAIJIGAN, Attorney General of the State of Illinois,
and Respondent, Keystone Consolidated Industries,
Inc.
(“Keystone”)
and pursuant
to Section 101.100(b)
of the Pollution
Control Board’s Rules and Regulations,
35
Ill. Adm.
Code
101.100(b)
and 735 ILCS 5/2-1009, moves this Court
to dismiss
this action with prejudice.
In support of this Motion To
Dismiss, the Parties state as follows:
1. On March
2,
2000,
Complainant,
People of the State of
Illinois,
filed a Complaint before the Board alleging among other
things that Respondent violated the Resource Conservation and
Recovery Act
(“RCRA”).’
The Complaint has eight counts:
1)
Storage of Hazardous
Waste Without a RCPA Permit,
2)
Failure to Use Required Manifests
for Hazardous Wastes,
3)
Sending Hazardous Waste to Non-Hazardous
Waste Landfills,
4)
Failure to Make a Proper Hazardous Waste
Determination,
5)
Record Keeping Violations,
6)
Failure to Submit
Complete and Accurate Annual Reports,
7)
Water Pollution,
and
8)
Creation of Water Pollution Hazard.
2.
In a separate case involving the same parties,
Plaintiff,
People of the State of Illinois, tiled a Complaint June 16,
2000,
in Peoria County alleging Defendant,
Keystone,
caused or allowed
water pollution and violated their National Pollutant Discharge
Elimination System
(“NPDES”) permit.2
3. During the course of litigating the case before this
Board and the case in Peoria County,
Keystone admitted to the
violations,
agreed to implement numerous sampling, monitoring,
and reporting procedures,
and make plant equipment improvements
to bring their plant into compliance. Keystone also agreed to
maintain and use all the systems and equipment installed and/or
implemented to address the violations and cease and desist from
future violations of the Illinois Environmental Protection Act
(“Act”)
,
415 ILCS 5/1
et seq.
(2002)
4.
Based on Keystone’s activities to address the violations
alleged in both Complaints,
the Parties negotiated and agreed to
a settlement which would encompass both cases.
5.
The Parties agreed to enter into one Consent Order that
would address all the violations alleged in both cases,
include
the requirements that Keystone maintain and use all the systems
and equipment installed and/or implemented to address the
violations and cease and desist from future violations of the
Act, and pay a civil penalty of $75,000.00. Upon entry of the
2
People of the State of Illinois v.
Keystone Consolidated
Industries,
Inc.: Peoria County Chancery Division,
00 CH 220.
Consent Order in the Peoria County case,
the Parties agreed that
this case would be dismissed.
• 6. A copy of the Consent Order entered February 27,
2004,
in
Peoria County,
Case No.
00 CH220,
is attached to this Agreed
Motion to Dismiss as Exhibit A.
7.
Based on the fact that the Parties entered into a Consent
Order which addresses the alleged violations
in this case and
have an agreement to dismiss this case based on the Consent
Order,
the Parties hereby move to dismiss this case with
prejudice. All parties to bear their own costs.
Respeci~tfullySubmitted,
FOR RESPONDENTS
Keystone Consolidated,
Inc.
n
rew
R.
Runi~ir~4’
Kirkland And Ellis
200 East Randolph
Chicago, Illinois 60601
FOR COMPLAINANT
People of the State of Illinois
Mitche
1
L.
ohen
Assistant Attorney General
Environmental Bureau
188 West Randolph,
Suite 2001
Chicago,
IL 60601
IN THE CIRCUIT COURT FOR THE TENTH
JUDICIAL
DISTRICT
PEORIA
COUNTY,
ILLINOIS
•
S
CHANCERY
DIVISION.
.
PEOPLE OF THE STATE OF ILLINOIS,
•
)
ex rd.
JAMES
E.
RYAN,
Attorney
)
General
of
the
State
of
Illinois,
)
plaintiff,
•
S
•
S
)
No.
00
CH
220
•
.
vs.
KEYSTONE CONSOLIDATED INDUSTRIES;
)
••
FILED
INC.,•a De1aware~corporation,
)
•
S
ROBERT M. SPEARS
d/b/a
KEYSTONE
STEEL
&
WIRE
•
)
•
•
•
rr
•
•
004
COMPANY,
•)
•
•
CLERK OF THE CIRCUIT COURT
Defendant.
.)
PEORIA COUNI(,ILUUCS
•
S
CONSENT ORDER
plaintiff,
PEOPLE OF •THE STATE OF ILLINOIS,
exrel.
JAMES
E~.
RYAN,
Attorney
General
of
the
State
of
Illinois,
the
Illinois
•
Environmental
Protection
Agency,
(“Illinois
EPA”),
and
Defendant’,
KEYSTONE
CONSOLIDATED
INDUSTRIES,
INC.,
(“Keystone”),
a
Delaware
Corporation,
have
agreed5
to
the
making
of
this
Consent
Order
and
•
submit
it
to
this
court
for
approval.
The
parties
agree
that
the
statement
of
facts
contained
herein
represents
a
fair summary of
the
evidence
and
testimony
which
would
be
Introduced
by
the
parties
if a trial were held.
The parties further stipulate that
this statement of facts
is made and agreed upon for purposes of
settlement
only
and that neither the fact that a party has
entered into this Consent Order, nor any of the facts stipulated
herein,
shall be introduced into evidence in any other proceeding
regarding the claims asserted in the Complaints herein except as
• otherwise provided herein.
If this Court approves and enters
this Consent Order, Defendant agrees to be bound by the Consent
•
Order and not to contest its validity in any subsequent
proceeding to implement or enforce its terms
•
I.
•
S
S
JURISDICTION
•
This court has jurisdiction of the subject matter herein and
•
•
of the parties consenting hereto pursuant to the Illinois
Environmental Protection Act
(“Act”),
415 ILCS 5/1 et
seq.
(2000)
.
S
S
II.
AUTHORIZATION
The undersigned representatives for each party certify that
they are fully authorized by the party whom they represent to
enter into •the terms and,cond±tionsof this Consent Order and to
legally bind them to it.
•
III.
•
STATEMENT OF FACTS
A.
Parties
S
1.
On
June
16,
2000,
the
Complaint
in this action was
filed on behalf of the People of the State of Illinois
by
ex rel.
James E. Ryan, Attorney General of the State of Illinois,
on his
own motion and
upon the request of the Illinois EPA, pursuant to
Sections 42(d)
and
(e)
of the Act,
415 ILCS 5/42(d)
and
(e)
(1998),
against the Defendant. On March
2,
2000,
the People of
2
the State of Illinois also filed a Complaint against Keystone
before the Illinois Pollution Control Board
(“Board”)
for other
violations of the Act and Board regulations as set forth herein.
•
•
•
2.
The
Illinois EPA is an administrative agency of the
State of Illinois,
created pursuant to Section 4 of the Act, 415
ILCS
s/4.
••
•
3.
At all times relevant to both Complaints,
Keystone is
•
and was a Delaware corporation qualified to conduct business in
the State of Illinois.
B. ~k~e Description
•
1.
At all times relevant to both Complaints,
Keystone has
operated and owned a steel and wire manufacturing plant located
in BartOnville, Peoria County; Illinois,
with a mailing address
of 7000 S.W. Adams Street,
Peoria County,
Illinois
(“Facility”).
2.
At all times relevant to both Complaints,
Keystone has
manufactured steel billets,
rods,
fence, wire, barbed wire an~
nails at its facility, which consists of a number of buildings.
3.
On December 26,
1995,
the
Illinois EPA reissued a
National Pollutant Discharge Elimination System (“NPDES”) permit
~
1L002526 for waste water discharge for the Facility.
On
September 15,
1998,
the NPDES permit was modified, allowing for
discharge to the Illinois River, or if the river level is too
high, to a backwater area.
4.
The NPDES permit specifically outlines the amount of
ammonia and zinc discharges a permit holder is allowed to
3
~jscharge.
5.
Keystone exceeded the amount of.ammonia discharge
•
•
allowed under the NPDES permit from February 1996 to February
2000.
Keystone also exceeded the amount of zinc discharge
S
allowed under the NPDES permit,
during October and December 1999.
•
•
6.
Keystone generates spent pickle liquor, which is a
•
.
listed. hazardous waste,
in its steel finishing operations and
utilizes sulphuric acid in its operations.
S
S
•OnApril 21,
1998, Keystone disposed of refractory
brick (a/k/a
•fire brick) which was characteristically hazardous
for lead at a county non-hazardous waste landfill.
•
8.
On or about December
7 and continuing to December
8,
1998, Keystone released an estimated 1,500 gallons of spent.
pickle liquor, which flowed into a sewer grate leading to the Mid
Mill Ditch.
S
•
•
9.
On January 23,. 1999,
Keystone released approximately
380 gallons of spent pickle liquor onto the ground•.
10.
From May 28,
1996 through August
14,
1996,
Keystone
stored hazardous waste in
the form of soils contaminated with
sulphuric acid at the site.
11.
On December
7,
1998 through February 25,
1999,
Keystone
stored hazardous waste in the form of soils contaminated with
spent pickle liquor.
12. On September 10,
2001; Keystone released approximately
ten gallons of spent pickle liquor from a pipe leading from the
4
pickling tank to the acid recovery building. This liquid waste
release impacted an area approximately 100 square feet.
13., On September. 25,
2002, KeystOne released spent pickle
liquor from a tank in
the acid recovery building on their site.
C..
Allegations.of Non-Compliance
Plaintiffcontends.that the Defendant violated the following
•
S
provisions Of the Act :and Board regulations in the Complaint
filed before this Court:
•
•
.
.•
S
.
S
•
Count
I:
•
Creation of Water Pollution.. (Section
•12(a)
of the Act,
415 ILCS
5/12
(a) and
•
Section 304.124(a)
of the Board
Regulations, .35 Ill. Adm. Code 304.124
(a));
and
•
Count II:
Violation of NPDES Permit
(Section 12(f)
of the Act, 415 ILCS
5/12(f)
and Section
304.141
(a)
of the •Board Regulations,
35
•
11.1.
Adm. Code 304.141(a)).
Plaintiff contends that the Defendant violated the following
provisions of the Act and Board regulations
in the Complaint
before the Board:
Count
I
Storage of Hazardous Waste Without a
RCR~Permit
(Sections 21(f) (1) and
(2)
of the Act,
415
ILCS 5/21(f)
(1)
and
(2)
(1998), and Sections 703.121(a)
and
(b)
and 703.150(a)
and 725.131 of the Board
Regulations,
35
Ill. Adm. Code
703.121(a)
and
(b),
703.150(a)
and
725.131)
;
Count II:
Failure to Use Required Manifests for
Hazardous Wastes
(Sections 21(e) and
21(f)
(2)
of the Act, 415 ILCS 5/21(e)
and 21(f) (2), Sections 722.120(a)
and
(b),
722.121(a),
722.122
and 722.123(a)
and
(b)
of the Board Regulations,
35
Ill. Adm. Code
722.120(a) •and
(b),
5
722.121(a),
722.122 and 722.123(a)
and
(b));
S
Count III:
Sending Hazardous Waste to Non-Hazardous
Waste Landfills
(Sections 21(e) and
21(f)
(2)
of the Act, 415 ILCS 5/21(e)
and 5/21(f) (2)
,
Sections 725.131 and
728.107 (a) (1)
o,f the .Board Regulations,
35
Ill. Adm. Code 725.131 and
•
728.107(a)(1));
S
•
Count IV:
Failure to Make a Proper Hazardous Waste
S
S
Determination (Section
21(i)
of the Act,
415 ILCS 5/21(i), and Section 722.111 of
the Board Regulations,
35
Ill. Adm. Code
722.111);.
Count V:
Record Keeping Violations
(Section
21(f) (2)
of the Act, 415
ILCS
5/21(f) (2), Sections 725.173(b)
and
725.17,4(a)
of the •Board Regulations,
35
•
Ill. Adm. Code 725.173(b)
and.
•
S
725.174(a));
Count VI:
Failure to Submit Complete and Accurate
Annual Report
(Section 21(i)
of the Act,
415 ILCS
5/21(1)
and Section 722.141 of
•
the Board Regulations, 35 Ill. Adm. Code
722.141);
55
Count VII:
Water Pollution (Section 12 (a)
of the
Act, 415 ILCS 5/12(a)); and
Count VIII:
Creation of Water Pollution Hazard
•
S
(Section 12(d)
of the Act,
415 ILCS
5/12 (d))
Plaintiff contends the releases occurring September 10,
2001,
and September 15,
2002,
referenced in Section III.B.
paragraphs
12 and 13 of this Consent Order also constitute
violations of Act and Board regulations and are therefore
incorporated in this Consent Order by agreement between the
parties.
S
6
D.
,
Admission of Violations
S
The Defendant admits to the violations alleged in the
Complaints filed in this matter and ,referenced herein.
E.
Compliance Activities to Date
.
1.
Keystone has implemented the following response
activities to address the violations alleged in the Complaint
filed before this Court:
S
S
a.
Additional NPDES Effluent Sampling
Keystone’s NPDES permit requires weekly effluent sampling.
In addition, Keystone collects and analyzes an additional ammonia
sample every week. Both sets of data are factored into the
monthly Discharge Monitoring Report.
S
b
WWTP
Effluent Monitoring
S
The ammonia concentrations of the effluent from the Waste
Water Treatment Plant
(WWTP”)
are monitored at least once per
shift when processes using ammonia are in operation.
Employees
are trained to implement a corrective action investigation if
concentrations exceed an internal threshold and authorize a shut
down to prevent excess ammonia discharge.
c.
Internal Production Wastewater Monitoring
An internal sampling,
analysis and action system to
characterize concentrations of ammonia prior to the treatment
process
is
in place.
Sampling is performed at least once per
shift on shifts when processes using ammonia are in operation,
and employees are trained to implement corrective actions and
7
shut down processes if exceedences occur.
S
S
d.
Recycling and Reuse of Flux
Flux tanks were purchased and are used to recycle
flux
to
the maximum, extent practicable so that it can be reused instead
of sent to the WWTP.
S
,
S
e.
Flux Product Materials ‘Changed
S
The type of flux material was changed reducing the ammonia,
content by 50,
and thereby reducing the amount of ammonia
discharged.
f.
Galvanizing Frame Improvements
•
A flux overflow tank was installed on the largest
galvanizing frame and high level alarms were installed on all
other frames to prevent accidental discharge of flux. Oversized
drip pans were installed on all flux baths and wipes are used on
all frames to prevent dragout from the flux baths.
g.
•
Nail Galvanizing Materials. Changed
S
The amount of flux per batch of nails was reduced by
approximately 50
.
h.
Chemical Purchase approval Program
All new chemicals proposed for use are reviewed’ by
Keystone’s Env±ronmentaland Safety Departments to evaluate
environmental impacts.
2.
Keystone has implemented the following response
activities to address the violations alleged in the Complaint
• filed before the Board:
•
8
a.
Color Coding of ,Waste Containers
S
S
S
•
Waste hoppers and roll-off boxes are ‘color coded to enable
employees
to• readily discern between specific waste streams
and.
identify hazardous andnon-hazardous waste.
‘
S
b.
Preventive Maintenance Inspection Program ‘for Sulfuric
Acid systems
S
S
S
As a result of’the 1998
spill,
a monthly preventive
maintenance inspection program for all piping, tanks,,baths and
systems used for sulfuric acid pickling was implemented.
The
inspection personnel include pipefitters, acid-tenders, welders,
electricians and management.
c.
Emergency Process Waste Basin and
Pump
Station
•As a result of the 1998 spill,
a diversionary piping
system and a lined basin and pump station was constructed where
process acid could be diverted in the event of a major release.
d.
New Sulfuric Acid Tanks and Truck
Unloading Containment
A new 12,500 gallon tank for virgin acid storage was
‘installed
in’ the Acid Recovery Building and piping configurations
were changed so that all unloading of sulfuric acid trucks is
conducted inside the containment building.
e.
Hydrochloric Acid Double Wall Tank
A new hydrochloric acid double walled tank is being
constructed between the Mid Mill and Wire Mill which will
eliminate about
Y~mile of overhead single-walled piping between
the Mid Mill and Wire Mill.
9
f.
Waste Verification Forms
S
An internal inspection of all waste loads leaving the
• facility was implemented.
The foreman must inspect and verify
all waste and fill out a form documenting shipment contents..
g.
Reduction/Elimination/Reuse of Potentially Hazardous
Constituents
S
.
.
S
S
•Keystone has eliminated the use of lead annealing furnaces,
thereby eliminating almost
all D008 hazardous wastes, switched
the parts washer service company so that all fluids are recycled
“and ,began recycling universal wastes in lieu of disposal.
3. Maintenance
•
S
Keystone further agrees to at all times maintain and use all
of the systems and equipment installed and/or implemented to
address the violations alleged in the Complaints filed.
S
S
•
APPLICABILITY
S
,
•
A.
.
This Consent Order shall apply to and be binding upon the
plaintiff and the Defendant, and any officer, director,
agent,
employee or servant of the Defendant,
as well as any successors
or assigns of the Defendant.
The Defendant shall not raise as a
defense to any enforcement action taken pursuant to this Consent
Order the failure of any of its officers,
directors,
agents,
S
servants or employees to take such action as shall be required to
comply with the provisions of this Consent Order.
B.
No change in ownership, corporate status or operator of the
10
facility shall
in any way alter the responsibilities of the
Defendant under this Consent Order.
In the event of any
conveyance of title,
easement or other interest in the facility,
the Defendant shall continue to be bound by and remain liable for
performance
of all obligations under this Consent Order.
In
appropriate circumstances, however,
the Defendant and a
contemplated future owner or operator of the facility may jointly
request, and the Plaintiff,
in its discretion, may•consider
modification of this Consent Order to obligate the proposed
purchaser or operator to carry out future requirements of this
Consent Order in place of, or in addition to,
the Defendant.
C.
In the event that the Defendant proposes to sell or
transfer any real property or
operations subject to this Consent
Order,
the Defendant shall notify the Plaintiff
30 days prior to
the conveyance
of title,
ownership or other interest,
including a
leasehold interest in the facility or a portion thereof.
The
Defendant shall make the prospective purchaser or successor’s
compliance with this Consent Order a condition of any such sale
or transfer’and shall provide a copy of this Consent Order to any
such successor in interest.
This provision does not relieve the
Defendant from compliance
with any regulatory requirement
regarding notice and transfer of applicable facility permits.
V.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Consent Order in no way affects the responsibilities of
11
the• Defendant to comply with any other federal, state or local
laws or regulations,
including but not limited to the Act,
415
ILCS 5/1 et
seq.
(2000),
and the regulations of
the’ Board and
IllinOis EPA, 35
Ill. Adm. Code,
Subtitles A through H.
VI.
‘
S
S
VENUE
S
The parties agree that the venue of any action commenced in
~he.•••~~circuit
court for the purposes of interpretation and
enforcement, of the terms and conditions of this Consent Order
shall be in Peoria County,
Illinois.
.
S
•
.
VII.
S
SEVERABILITY
S
i.t
is the intent of the Plaintiff and Defendant that the
provisions of this Consent’ Order shall be severable,
and should
any provision be declared by• a court
of competent jurisdiction to
be •inconsistent with state and federal
law, and therefore
S
unenforceable, the remaining clauses shall remain
in full force
and effect.
S
VIII.
JUDGMENT
ORDER
•
S
This court,
having jurisdiction over the parties and subject
matter, the parties having appeared, due notice having been
given,
the
court
having considered the stipulated facts and being
advised in the premises,
the court finds the following relief
appropriate:
12
IT IS HEREBY ORDERED,
ADJUDGED
AND DECREED:
S
A.
Penalty
S
1.
a.
•
The Defendant agrees to pay a civil penalty of
Seventy-Five Thousand Dollars
($75,000.00).
Payment
‘is due
within thirty
(30) days of the entry of this Consent Order
and shall be. made as follows:
S
b.
The payments shall be made by certified check or•
money order, made payable to the ILlinois Environmental
‘
S
Protection Agency for ,deposit into the Environmental
,Protection Trust Fund
(“EPTF”) and shall be sent by first
class mail and delivered to:
S
S
Illinois Environmental Protection Agency’
.~Fisca1Services
1021 North Grand Avenue East
P.O. Box 19276
,
S
Springfield’,
IL 62794-9276
c.
The name,
case number and the Defendant’s Federal
Employer Identification Number
(“FEIN”)
S
,
shall
appear on the face of each certified check or money order.
A copy of the certified check or money order and the
transmittal letter shall be sent to:
Mitchell L.
Cohen
Assistant Attorney General
Environmental Bureau
188 West Randolph Street,
20~~’~
Floor
S
Chicago,
IL 60601
2.
If the Defendant fails to make any payment. specified
within Section VIII.A.l.
of this Consent Order on or before the
date upon which the payment is due,
the Defendant will be in
13
•
default and the remaining unpaid. balande of the penalty, plus any
accrued interest,
shall be due and •owing immediately.
3.
For purposes of payment and collection, Defendant may
be reached at the following address:
5
Russ R. Perry
S
.Manager, Energy & Environmental Engineering
Keystone Steel
& Wire Co.
7.000
S.W. Adams Street
S
,
S
Peoria Illinois 61641-0002
4.
In the event of default,
Plaintiff shall be entitled to
reasonable
c.osts of collection,
including reasonable attorney
fees.
5
B.
Interest on
Penalties
1.
Pursuant to Section 42(g)
of the Act,
415 ILCS 5/42(g),
•interest shall accrue on any penalty amount owed by’ the Defendant
not paid within the time prescribed herein,
at
the maximum rate
allowable under Section
1003(a)
of the Illinois Income Tax Act,
35 ILCS 5/1003 (a) (2002)
.
S
a.
Interest on unpaid penalties shall begin to accrue from
the date •the penalty payment
is due and continue to accrue to the
date payment
is received by the Illinois EPA.
b.
Where partial payment is made on any payment amount
S
that
is
due,
such partial payment shall be first applied to any
S
interest
on
unpaid penalties then owing.
c.
All interest on penalties owed the Plaintiff shall be
paid by certified check payable to the Illinois EPA for deposit
in the EPTF at the above-indicated address.
The name,
case
14
number,
‘and the Defendant’sFEIN shall appear on the face of the
check.
A. copy of the check and the transmittal ‘letter shall be
sent to:
,
S
,
S
S
Mitchell L.
Cohen
S
Assistant Attorney General
Environmental Bureau
188 West Randolph Street,
20th
Floor
Chicago,
IL 60601
C.
Maintenance
S
Keystone shall at all times maintain and use all of the
systems and equipment installed and/or implemented to address the
violations alleged in the Complaints.
S
•
D.
Future Use
Notwithstanding any other language in this Consent Order to
the contrary,
this Consent Order may be used against the
Defend’ant in any subsequent enforcement action or permit
proceeding as evidence of a past adjudication of violation of the
Act and the Board Regulations promulgated thereunder•,
for
purposes of Section 39(i)
and/or 42(h)
of the Act, 415
I’LCS
5/39(i)
and/or 5/42(h).
E.
Right of Entry
.
S
In addition to any other authority,
the Illinois EPA,
its
employees and representatives, and the Attorney General,
his
agents and representatives,
shall have the right of entry into
and upon the Defendant’s facility which is the subject of this
Consent Order,
at all reasonable times for the purposes of
carrying out inspections.
In conducting such inspections,
the
15
Illinois EPA, its ‘employees and representative’s, and the Attorney
General, his employees and representatives may take photographs,
samples, and collect information,
as they deem necessary.
F.
Transfer of Interest
In the ,event that the Defendant transfers any interest in
the facility or any of the equipment or units therein before
it
has completed its obligations hereunder,
the Defendant shall
notify the transferee
of
this Consent Order and provide to the
S
transferee a copy of this Consent Order.
In that event,
the,
Defendant shall also notify the Attorney General of the transfer.
G.
Cease and Desist
S
•
,
S
,The Defendant shall cease
and’ desist from future violations
of the Act and Board regulations,
including but not limited to,
those Sections of’the Act and Board regulations that were the
‘
subject matter of the Complaints as outlined in Section III.C. of
this Consent Order.
‘
S
H.
Release from Liability
S
•
“
‘In consideration of the Defendant’s payment of a $75,000.00
penalty and the commitments hereunder,
including the maintenance
and use, of the,,,systems and equipment installed and/or implemented
to address the alleged violations,
the Plaintiff releases, waives
and discharges the Defendant from any further liability or
penalties for violations of the Act and regulations which were
the subject matter of the Complaints herein.
For the same
consideration,
the Plaintiff releases, waives and discharges the
16
Defendant from’ any further liability or penalties for violations
and releases’ occurring September 10,
2001,
and September 25, ‘2002
referenced in Section III.B. ‘paragraphs 12 and 13’of this Consent
Order. The Plaintiff reserves, and this Consent Order is without
prejudice to,
all rights, of the State of Illinois against the
Defendant with respect to all other matters,
including but not
limited to,
the following:
a.
criminal liability;
S
•
S
b.
liability for natural resources damage arising out of
the’alleged violations; and
S
c.
liability or claims based on the Defendant’s failure to
satisfy the requirements of this Consent Order.
Nothing in this Consent Order is intended as a waiver,
discharge,
release, or covenant not to sue for any claim or cause
of action,
administrative or judicIal, civil
or’ criminal, past or
future,
in law or
in equity, which the State of
Illinois or the
Illinois EPA may have against a person,
as defined by Section
3.26 of the Act, 415 ILCS 5/3.26,
or entity’other than the
Defendant.
I.
Dismissal of Board Case
S
‘Also in consideration of,
and upon the Defendant’s payment
of the $75,000.00 penalty and the commitments hereunder,
including the-maintenance and use of the’systems and equipment
installed and/or implemented to address the alleged violations,
Plaintiff shall move to dismiss the case against Keystone before
17
the Board: PCB 00
-
157. The Motion to Dismiss the Board case
shall.Include and attach a copy of this Consent Order.
J.
Retention of Jurisdiction
This court shall retain jurisdiction of this matter for the
purposes of interpreting and enforcing the terms and conditions
Of this Consent Order,
except that the parties may, ‘by mutual
written consent,
ex•tend any compliance dates or modify the terms
of this Consent Order without leave of court.
Any
such agreed
modification shall be in writing, signed by authorized
representatives of each party,
filed ,with the court and
incorporated into’this. Consent Order by reference.
K.
Enforcement of Consent Order
1.
Upon the’entry of this Consent Order,
any party hereto,
upon motion, may reinstate these proceedings solely for the
purpose of enforcing the terms and conditions of this Consent
Order.
This Consent,Order is a binding and enforceable order of
the court and may be enforced as such through any and all
available means.
2.
Defendant agrees that notice of any subsequent
proceeding to enforce this Consent Order may be made by mail and
waives any requirement of service of process.
18
WHEREFORE, the parties, by their representatives,
enter into
this Consent Order and submit
it to the court that it may be
approved and,entered.
AGREED:
FORS,THE PLAiNTIFF
•
‘
PEOPLE OF THE STATE OF ILLINOIS
ex
rel.
JAMES E. RYAN,
‘S
Attorney General’of the
State of
IlI’in~i’is
M7~TTHEW
J.
DUNN,
Chief,
Environmental Enforcement/
Asbestos Litigation Division
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
BY:’
ROSEMARIE CAZEAU,
Chief
Environmental Bureau
‘Assistant Attorney General
‘DATE:
-
BY:
DATE:
JOSEPH E.
SVOBODA
Chief Legal Counsel
FOR THE DEFENDANT:
KEYSTONE CONSOLIDATED INDUSTRIES,
INC.
BY:
DATE:
ENTERED:
DATE:
JUDGE
19
WHEREFORE,
the parties, by their representatives,
enter into
this Consent Order and submit
it to the court that it may be
approved and entered.
AGREED:
.FOR THE PLAINTIFF
PEOPLE OF THE STATE OF ILLINOIS
ex rel.
JAMES E. RYAN,
Attorney General of
the
State of Illinois
MATTHEW
J. DUNN,
Chief
S
Environmental Enforcement/
Asbestos Litigation Division
BY:
~S(
14t’~~44~.
~
~
ROSEMARIE CAZEAU,
ief
Environmental Bureau
Assistant Attorney General
DATE:
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
BY:
JcYSEPH~.‘SVOBODA
S
C ief Legal Counsel
DATE:
z/’~
?/O7~
FOR THE DEFENDANT:
FILED
ROBERT M.
SPEARS
KEYSTONE CONSOLIDATED INDUSTRIES,
INC.
FEB 2 7 2004
CLERK OF THE CIRCUIT COURT
PEORIA COUNT(J ILUMC~S
BY:
DATE:
19
