ILLINOIS POLLUTION CONTROL
    BOARD
    July 10,
    1980
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Complainant,
    v.
    )
    PCB 78—239
    PCB 79—96
    SCM CORPORATION (DURKEE FOODS
    DIVISION)
    ,
    )
    Respondent.
    MR.
    JOHN T. BERNBOM APPEARED ON BEHALF OF COMPLAINANT.
    MR. JOSEPH
    S.
    WRIGHT,
    JR.
    (ROOKS, PITTS, FULLAGAR AND POUST)
    APPEARED ON BEHALF
    OF RESPONDENT.
    OPINION OF THE BOARD
    (by
    I.
    Goodman):
    This Opinion supports the Board Order entered herein on June
    12,
    1980.
    These two enforcement actions were filed on August
    30,
    1978
    (PCB 78—239) and on April 23,
    1979
    (PCB 79—96)
    against SCM
    Corporation
    (SCM) by the Illinois Environmental Protection Agency
    (Agency) and alleged violations of certain rules of Chapter
    3:
    Water Pollution Control and certain sections of the Illinois
    Environmental Protection Act
    (Act).
    Hearings were held in both
    matters.
    SCM owns
    and operates the Glidden—Durkee Edible Oil Plant in
    Channahon,
    Illinois
    (Joliet Refinery) which processes crude
    vegetable oils into edible products.
    The Joliet Refinery is
    located in an industrial complex adjacent to the Des Plaines
    River and employs
    approximately 280 persons.
    The refining
    process at the Joliet Refinery requires the use of water and
    results in the generation of waste water containing
    oil and other
    pollutants.
    All waste water at the Joliet Refinery is collected
    and treated in an on—site waste treatment plant prior to
    discharge to the Des Plaines River.
    The waste water treatment
    plant, completed in 1974,
    consists generally of
    an. activated
    sludge plant supported by a lagoon settling basin,
    aerators, oil
    skimmers,
    a pH control system, etc.
    Under normal conditions,
    the
    waste treatment plant achieves approximately 99.5
    removal of
    pollutants from the waste water.
    —2—
    In PCB 78-239 the Agency alleged violations of SCM’s NPDES
    permit,
    sections of the Act, and certain rules of the Board’s
    water pollution regulations due to excursions beyond applicable
    pollutant effluent limitations.
    SCM contends that these
    excursions were caused by severe weather conditions and by
    mechanical failures beyond the control of SCM and that SCM did
    all it could to mitigate the effects of the excursions.
    SCM
    further contends that the excursion levels were not toxic in
    nature and caused no demonstrable environmental harm.
    SCM points
    out that the Joliet Refinery has
    a high economic and social
    value.
    In PCB 79-96 the Agency alleged continuing violations by SCM
    with respect to the waste treatment plant discharge and, in
    addition, complained that SCM had failed to maintain the waste
    treatment plant in good working order and to operate it as
    efficiently as possible.
    The Agency further alleged that SCM
    failed to minimize violations during adverse weather conditions
    and eq~uipmentfailures..
    SCM. denieaall allegations in this
    complaint.
    On June 6,
    1980 the parties presented a Proposed Settlement
    and Stipulation
    (Stipulation)
    in compromise and settlement of
    both enforcement actions.
    Under this Stipulation SCM agrees to
    construct,
    install, operate and maintain a new aeration basin at
    the waste treatment plant.
    The Agency agrees to issue SCM a
    permit to construct the aeration basin and agrees that all
    violations of the Act or Board regulations occurring during the
    construction period shall not be considered by the Agency when
    issuing NPDES permits for the Joliet Refinery.
    The Agency further agrees to release SCM and its officers,
    agents and assigns
    from any and all liability to the State of
    Illinois arising
    from or in relation to the discharges alleged in
    these two complaints up to and including the date of this Order.
    If any unforeseenevent causes SCMto be delayed in compliance
    with the terms of the Stipulation,
    a reasonable extension of time
    shall be allowed.
    Disagreements between the parties concerning
    such an extension shall
    be resolved by the Board.
    In consideration of the Stipulation the parties agree that
    proceedings PCB 78—239 and PCB 79—96 shall be dismissed.
    SCM agrees to pay a penalty of $30,000 within 28 days from
    the date of this Order.
    The Board finds the Stipulation to be a suitable resolution
    of the two enforcement cases considered here and hereby accepts
    the Stipulation pursuant to Rule 331 of the Board’s Procedural
    Rules.
    This Opinion constitutes the findings of fact and
    conclusions of
    law of the Board
    in this matter.
    —3-.
    I,
    Christan L.
    Moffett,
    Clerk of the Illinois Pollution
    Control Board, hereby certfy that the above Opinion was adopted
    on the
    /0
    #*.
    day of
    ______________,
    1980 by a vote of
    _____
    Christan L.
    Moff~t~/
    Clerk
    Illinois Pollution ~ontrol
    Board

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