ILLINOIS POLLUTION CONTROL BOARD
    July 21, 2005
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    DECATUR FOUNDRY, INC., an Illinois
    corporation,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 04-139
    (Enforcement - Land)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On February 6, 2004, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Decatur Foundry, Inc. The complaint
    concerns the company’s foundry at 1745 North Illinois Street in Decatur, Macon County. The
    parties now seek to settle without a public hearing. For the reasons below, the Board directs the
    Clerk to provide public notice of the parties’ stipulation, proposed settlement, and request for
    relief from the hearing requirement.
     
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2004); 35 Ill. Adm.
    Code 103. In this case, the People have brought a four-count complaint against Decatur
    Foundry. In count I, the People allege that Decatur Foundry violated the Act and Board
    hazardous waste regulations by failing to determine if the waste it generated was hazardous
    waste (415 ILCS 5/21 (2004); 35 Ill. Adm. Code 722.111), failing to properly contain and mark
    waste accumulations (415 ILCS 5/21 (2004); 35 Ill. Adm. Code 722.134(a)(1), (2), (3)), shipping
    hazardous waste without proper manifests and annual reports (415 ILCS 5/21 (2004); 35 Ill.
    Adm. Code 722.120, 722.140, 722.141), and improperly storing and disposing of hazardous
    waste (415 ILCS 5/21(e) (2004)).
     
    In count II, the People allege that Decatur Foundry violated the Act and Board hazardous
    waste regulations by failing to analyze waste (415 ILCS 5/21 (2004); 35 Ill. Adm. Code
    725.113(a), (b)), failing to inspect waste areas (415 ILCS 5/21 (2004); 35 Ill. Adm. Code
    725.115(a), (b), (d)), failing to train personnel (415 ILCS 5/21 (2004); 35 Ill. Adm. Code
    725.116), failing to test and maintain equipment (415 ILCS 5/21 (2004); 35 Ill. Adm. Code
    725.133), failing to make emergency arrangements with local authorities (415 ILCS 5/21 (2004);
    35 Ill. Adm. Code 725.137), failing to develop and maintain a contingency plan (415 ILCS 5/21
    (2004); 35 Ill. Adm. Code 725.151, 725.153), failing to provide an on-scene emergency
    coordinator (415 ILCS 5/21 (2004); 35 Ill. Adm. Code 725.155), failing to keep an operating
    record (415 ILCS 5/21 (2004); 35 Ill. Adm. Code 725.173), failing to submit an annual report
     
    2
     
    (415 ILCS 5/21 (2004); 35 Ill. Adm. Code 725.175), failing to provide a closure plan, a post-
    closure plan, and a cost estimate and financial assurance for closure (415 ILCS 5/21 (2004); 35
    Ill. Adm. Code 725.212(a), 725.218(a), 725.242(a), 725.243(a)), operating without conducting
    inspections (415 ILCS 5/21 (2004); 35 Ill. Adm. Code 725.274), and failing to install two or
    more liners and a leachate collection and removal system (415 ILCS 5/21 (2004); 35 Ill. Adm.
    Code 725.401(a)).
     
    In count III, the People allege that Decatur Foundry violated the Act and Board special
    waste regulations by disposing of baghouse dust and cupola scrubber waste as non-special waste
    without first certifying that the waste was not special waste (415 ILCS 5/22.48 (2004); 35 Ill.
    Adm. Code 808.121(a)). Lastly, in count IV, the People allege that Decatur Foundry violated the
    Act and Board hazardous waste regulations by operating a hazardous waste facility and storing
    and disposing of hazardous waste without submitting a Resource Conservation and Recovery Act
    (RCRA) Part A permit application and without a RCRA permit (415 ILCS 5/21 (2004); 35 Ill.
    Adm. Code 703.121(a), 703.150).
     
    On July 13, 2005, the People and Decatur Foundry filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Act (415 ILCS 5/31(c)(1) (2004)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2004)), which requires that the public have an opportunity to request a
    hearing whenever the State and a respondent propose settling an enforcement action without a
    public hearing.
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, Decatur
    Foundry does not affirmatively admit the alleged violations and agrees to pay a civil penalty of
    $40,000.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing.
    See
    415 ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
    the Clerk to provide the required notice.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on July 21, 2005, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top