BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
-vs-
PCB No . 97-110
(Enforcement)
METO-GRAFICS, INC
.,
an Illinois corporation,
Respondent .
NOTICE OF FILING
TO : Jeffrey R
. Diver, Esq .
June C
. Edvenson
The Jeff Diver Group
Hearing Officer
45 South Park Blvd
., Suite 270 Hearing Coordinator
Glen Ellyn, IL 60137-6281
Illinois Pollution Control Bd .
100 W . Randolph St ., 11-500
Chicago, IL 60601
PLEASE TAKE NOTICE that we have today filed with the Illinois
Pollution Control Board Complainant's Stipulation and Proposal for
Settlement, Agreed Motion to Request Relief from the Hearing
Requirement, Notice of Filing, and Certificate of Service, on behalf
of the People of the State of Illinois, a copy of which is attached
and herewith served upon you .
Respectfully Submitted,
PEOPLE OF THE STATE OF ILLINOIS
JAMES E . RYAN
Attorney General
State of Illinois
I
By)
R EM IE CA EAU ssista~ Skireau Chief
DATED
: July 7, 1997
Enviro
Bureau
Assistant Attorney General
100 West Randolph Street, 11th Flr .
Chicago, IL 60601 (312) 814-3094
C
:\WPWIN60\WPDOCS\ROSEMARI\METOGRAF\MOT .4
THIS FILING IS SUBMITTED ON RECYCLED PAPER
PEOPLE
OF THE STATE OF ILLINOIS,
Complainant,
-vs-
PCB No . 97-110
(Enforcement)
METO-GRAFICS, INC .,
an Illinois corporation,
Respondent .
AGREED MOTION TO REQUEST RELIEF FROM THE HEARING REQUIREMENT
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
JAMES E
. RYAN, Attorney General of the State of Illinois, and
Respondent, METO-GRAFICS, Inc
., an Illinois corporation and request
relief from the hearing requirement in the above captioned matter
.
In support, the parties state as follows :
1 .
2 .
BEFORE THE ILLINOIS POLLUTION CONTROL BOA
Stipulation and Proposal for Settlement with the Board
.
Act ("Act"),
415 ILCS 5/31(a)(2) (1994), provides :
Notwithstanding the provisions of subdivision (1) of this
subsection (a), whenever a complaint has been filed on
behalf of the Agency or by the People of the State of
Illinois, the parties may file with the Board a
stipulation and proposal for settlement accompanied by a
request for relief from the requirements of a hearing
pursuant to subdivision (1) . .
Today, the parties in the above captioned matter filed a
Section 31(a)(2) of the Illinois Environmental Protection
3 .
The
parties hereto have filed a Stipulation and Proposal
for Settlement and agree that a formal hearing is not necessary to
conclude this matter and wish to avail themselves of Section
31 (a) (2) of the Act .
WHEREFORE, Complainant and Respondent request relief from the
hearing requirement pursuant to Section 31(a)(2) of the Act
.
Respectfully submitted,
JAMES E . RYAN
Attorney General
State of Illinois
C
:\WPWINGO\WPDOCS\ROSEMARI\METOGRAF\MOT . 4
By :
)
ROSEMARAY CIZEED gxsist6n&1&qreau Chief
Environmental Bureau
Assistant Attorney General
100 West Randolph Street, 11th Floor
Chicago, IL 60601
(312) 814-3094
v
BEFO
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
-vs-
METO-GRAFICS, INC ., an Illinois,
corporat
ResDonde :
Complain
Attorney General of the State of Illinois, on his own motion a
the request of the Illinois Environmental Protection Agency
("Agency"), and Respondent, METO-GRAFICS, INC
., an Illinois
corporation, by its attorneys, THE JEFF DIVER GROUP, do hereby submit
this Stipulation and Proposal for Settlement
. The parties agree that
the statement of facts contained herein is made and agreed upon for
purposes of settlement .
only and that neither the fact that a party has
entered into this Stipulation and Proposal for Settlement, nor any of
the facts stipulated herein, shall be introduced into evidence in this
or any other proceeding except to enforce the terms hereof by the
parties to this agreement
. Notwithstanding the foregoing, this
Stipulation and Proposal for Settlement and any order entered by the
Illinois Pollution Control Board ("Board") accepting same may be used
in any future enforcement action by Complainant as evidence of a past
adjudication of violation of the Illinois Environmental Protection Act
ILLINOIS POLLUTION CONTROL BOARD
1
PEOPLE OF THE STATE OF ILLINOIS, by
I
a
herein .
JURISDICTION
The Board has j risdiction o
the rties onsenting hereto purs
seq.
I
AUTHORIZATION
The undersigned representatives for each party cer ify that they
are fully authorized by the party whom they represent to enter into
the terms and conditions of this Stip 1 ion and Pr posa
r
Settlement and to legally bind them to i
III .
APPLICABILITY
This Stipulation and Proposal for Settlement shall apply to and
be binding upon the Complainant and Respondent as well as the
Respondent's successors and assigns . The Respondent shall not raise
as a defense to any enforcement action taken pursuant to this
Settlement the failure of its officers, directors, agents, servants or
employees to take such action as shall be required to comply with the
less
the
Bo
appro s and disposes of this ma on each
every one of the to s and condition o the settlement set forth
2
provisions of this Settlement
1 .
of the State government by Section 4 of the Act, 415 ILCS 5/4, and
charged, inter alia, with the duty o
2 .
Meto-Grafics, Inc ., was and is an Illinois c
and metal nameplates and
thinner .
as follows :
No person shall :
f .
Conduct any hazardous waste-storage, hazardous waste-
treatment or hazardous waste-storage operation :
TLEMENT FACTS
tal Protection Agency (''Illinois
bushed in the executive branch
3 .
Section 21(f) of the Act, 415 ILCS 5/21(f) (1994), provides
1 .
Without a RCRA permit for the site issued by the
Agency under subsection (d) of Section 39 of this
Act, or in violation of any condition imposed by
such permit, including periodic reports and full
access to adequate records and the inspection of
facilities, as may be necessary to assure
compliance with this Act and with regulations and
standards adopted thereunder, or
2 .
In violation of any regulations or standards
adopted by the Board under this Act ;
ction 722 .134 of the
Board's Waste Disposal Regulations,
11 . Adm . Code 703 .121,
titled, AccumulationTime,
provides
ent part, as follows :
Except as
provided in subsections
(d), (e) or
generator
is exempt
from all the requirements in
Ill . Adm
. Code Subparts G an H, except for 35 Il
Adm . Code 721 .211 and 725
.214 and may accumulate
hazardous waste on-site for 90 days or less without a
permit or without having interim status, provided
that :
The waste is placed :
A)
In
containers and the generator complies
with 35 Ill
. Adm . Code 725, Subpart I
. .
The date upon which each period of accumulation
begins is clearly marked and visible for
inspection on each container
;
3)
While being accumulated on-site, each container
and tank is labeled or marked clearly with the
words, "Hazardous Waste", and
4)
The generator complies with the requirements for
owners and operators in 35, Ill
. Adm . Code 725
Subparts C and D, with 35 Ill
. Adm . Code 725 .116
a
728 .107 (a) (4) .
. -
d)
A
generator who generates greater than 100 kilograms
but less than 1000 kilograms of hazardous waste in a
calendar month may accumulate hazardous waste on-site
for 180 days or less without a
permit or without
having interim status provided that
:
The quantity of waste accumulated on-site never
exceeds 6000 kilograms
;
2)
The generator complies with the requirements of
35 Ill
. Adm . Code 725
. Subpart I, except the
generator need not comply with 35 Ill
. Adm . Code
725
.276 ;
The generator complies with the re
Ill . Adm . Code 725 .301
4)
The generator complies with the requi
subsections (a) (2) and (a) (3) and the
ements of 35 Ill . Adm Code
and
A)
At all times there must be at least one
mployee either on the premises or on call
(i .e ., available to respond to an emergency
by reaching the facility within a short
period of time) with the responsibility
coordinating all emergency response
measures specified in subsection (d) (4) (D)
The employee is the emergency coordinator .
B)
The generator shall
post the following
information next to the telephone :
The name and telephone number of the
emergency coordinator ;
ii) Location of
fire
extinguishes and
spill control material, and if
present, fire alarm ; and
iii) The telephone number of the fire
department, unless the facility has
direct alarm
.
C)
The generator shall ensure that all
employees are thoroughly familiar with
proper waste handling and emergency
procedures, relevant to their
responsibilities during normal facility
operations and emergencies ;
D) The emergency coordinator or designee shall
respond to any emergencies that arise
. The
applicable response are as follows
:
In the event of a fire, call the fire
department or
attempt to extinguish it
the event of a spill, contain the
flow of hazardous waste to the extent
possible, and as soon as is
practicable, clean up the hazardous
waste and any contaminated materials
or soil .
iii) In the event of a fire, explosion or
other release which could threaten
human health outside the facility or
the generator has knowledge
a spill has reached surface water,
generator shall immediately notify the
National Response Center (using its
24-hour toll free number 800/424-
8802) . The report must include the
following information : the name,
address and U .S . EPA identification
number (35 Ill . Adm
. Code 722 .112) of
the generator
; date, time and type of
incident (e.g., spill or fire ) ;
quantity and type of hazardous waste
involved in the incident ; extent of
injuries, if any ; and, estimated
quantity and disposition of
recoverable materials, if any .
e
5 .
Section 703 .121 (a)
(1) of the Board's Waste Disposal
Regulations, 35 Ill . Adm . Code 703 .121(a)(1), titled,
RCRA Permits,
provides as follows :
a)
No person shall conduct any hazardous waste storage,
hazardous waste treatment or hazardous waste disposed
operation :
1)
Without a RCRA permit for the HWM (hazardous
waste management) facility ; or
6 .
Section 725 .134 of the Board's Waste Disposal Regulations,
35 Ill . Adm . Code 725
.134, titled, Access to Communication or Alarm
Systems, provides as follows :
Whenever hazardous waste is being poured, mixed,
spread or otherwise handled, all personnel involved in
the operation must have immediate access to an
internal alarm or emergency communication device,
either directly or through visual or voice contact
with another employee, unless the permit specifies
that such a device is not equipped under Section
724
.132,
b)
If there is ever just one employee on the premises
while the facility is operating, the employee must
have immediate access to a device, such as a telephone
(immediately available at the scene of operations) or
a hand-held two-way radio, capable of summoning
external emergency assistance, unless the permit
specifies that such a device is not required under
Section 724 .132 .
Agreements with State emergency response teams,
emergency response contractors and equipment
suppliers ; and
4)
Arrangements to familiarize local hospita
the properties of
hazardous waste handled a
facility and the types of injuries or illness
which could result from fires, explosions or
releases at the facility .
b) Where state or local authorities decline to enter into
such arrangements, the owner or operator must document
the refusal in the operating record .
7 .
Section 725 .137 of the Board's Waste Disposal Regulations,
35 Ill . Adm . Code 725
.137, titled, Arrangement with Local Authorities,
provides as follows :
a)
The owner or operator must attempt to make the
following arrangements, as appropriate for the type of
waste handled at his facility and the potential need
for the services of these organizations
;
1)
Arrangements to familiarize police, fire
departments and emergency response teams with the
layout of the facility, properties of hazardous
waste handled at the facility and associated
hazards,
places where facility personnel would
normally be working, entrances to roads inside
the facility and possible evacuation routes
;
2)
Where more than one police and fire department
might respond to an emergency, agreements
designating primary emergency authority to a
specific police and a specific fire department
and agreements with any others to provide support
to the primary emergency authority
;
3)
Agreements with State emergency response teams,
emergency response contractors and equipment
suppliers ; and
4)
Arrangements to familiarize local hospitals with
the properties of hazardous waste handled at the
facility and the types of injuries or illness
which could result from fires, explosions or
releases at the facility .
b)
Where state or local authorities decline to enter into
such arrangements, the owner or operator must document
the refusal in the operating record .
8 . Section 725
.271 of the Board's Waste Disposal Regulations,
35 Ill . Adm . Code 725 .271, titled,
Condition of Containers, provides
as follows :
If a container holding hazardous waste is not in good
condition or if it begins to leak, the owner or operator
must transfer the hazardous waste from this container to a
container that is in good condition or manage the waste in
some other way that it complies with the requirements of
this Part .
9 .
Section 725
.272 of the Board's Waste Disposal Regulations,
35 Ill . Adm . Code 725
.272, titled, Compatibility of Waste with
Containers,
provides as follows :
The owner or operator must use a container made of or lined
with materials which will not react with and are otherwise
compatible with the hazardous waste to be stored, so that
the ability of the container to contain the waste is not
impaired .
10 . Section 725 .274 of the Board's Waste Disposal Regulations,
35 Ill . Adm . Code 725 .274, titled, Inspections, provides as follows :
The owner or operator must inspect areas where containers
are stored at leas
deterioration caused by corrosion or other factors .
11 . On November 3, 1994, an Illinois EPA inspector conducted an
inspection and investigation of the Respondent's facility
. During
this inspection visit the inspector discovered that Respondent had
caused or allowed approximately one hundred and seventeen (117) drums,
containing waste ferric chloride o
ooking for leaks and for
lacquer thinner to be stored
said drums
is in violation of the above cited statute and regulations .
Respondent has denied such violations, but, for purposes of this
agreement and settlement of this complaint, has agreed to allow the
Pollution Board to enter Complainant's allegations as uncontested .
V .
NATURE OF RESPONDENT'S OPERATIONS AND CONTROL EQUIPMENT
At its facility, Respondent manufactures plastic and metal name
plates . Ferric chloride and lacquer thinner are utilized in
Respondent's manufacturing process resulting in the generation of
waste ferric chloride and waste lacquer thinner .
at the facility . Complainant has alleged that storage o
Vi .
EXPLANATIONOFPASTFAILURES TO COMPLY WITH THE ACT
Complainant knows of no explanation for Respondent's past failure
to comply with the Act .
VII .
FUTURE PLANS OF COMPLIANCE
Respondent shall comply with all federal and state waste disposal
statutes and regulations and shall properly dispose of all waste
generated at its facility in accordance with state law and
regulations .
VIII .
IMPACT ON THE PUBLIC RESULTING FROM NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c) provides :
In making its orders and determinations, the Board shall
take into consideration all the facts and circumstances
bearing upon the reasonableness of the emissions,
discharges, or deposits involved including, but not limited
to :
1 . the character and degree of injury to, or interference
with the protection of the health, general welfare and
physical property of the people
;
2 .
the social and economic value of the pollution source
;
3 .
the suitability or unsuitability of the pollution
source to the area in which it is located, including
the question of priority of location in the area
involved
;
4 .
the technical practicability and economic
reasonableness of reducing or eliminating the
emissions, discharges or deposits resulting from such
pollution source ; and
10
3 .
any subsequent complianc
response to these
factors the parties state as follo~
1 .
hazardous
pollutants
human health or the environm
arties agree that Res:
economic value because of the products it mar
provides jobs .
Respo
11
impact the environment and the health and safety of area residents, if
mismanaged .
4 .
Respondent agrees that it is technically practicable and
economically reasonable to operate its metal and plastic name plate
manufacturing business in compliance with the Board's Waste Disposal
Regulations and to dispose of its hazardous waste in accordance with
state laws .
5 .
Respondent did subsequently test and dispose of the
hazardous waste appropriately .
IX .
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h), provides
:
In determining the appropriate civil penalty to be imposed
under subdivisions (a), (b)(1), (b)(2),
or (b) (3) of this
Section, the Board is authorized to consider matters of
1)
2)
3)
the presence or
absence of the
diligence
of the violator in attempting to comply
requirements of this Act and regulations
to secure
relief therefrom as provided
any economic benefits accrued by the viola
of delay in compliance with requirements
;
n mitigation or aggravation of penalty, in
limited to the following factors
:
e duration and gravity of the violatio
4)
the amount of monetary penalty which will se
deter
further violations by violator and to otherwise
aid in
enhancing voluntary compliance with this Act by
the violator and other persons similarly subject
the Act ; and
12
ime, and gravity
violations of this Act by the
uding
1 .
Complainant has alleged, and for purposes of this Settlement
Respondent does not contest that since at least November 3, 1994 and
continuing until approximately February 1, 1995, Respondent
accumulated at the site, more than 6,000 kg of hazardous wastes
containers which had been stored for more than 180 days, without
obtaining a RCRA permit issued by the Illinois EPA . Further,
Respondent did not mark the containers with the words "Hazardous
Waste" and did not place on each container, the date accumulation of
the waste began . Respondent also failed to inspect the container
storage area at least once a week and also did not provide immediate
access to an internal alarm or emergency communication device for all
of its personnel involved in
compliance with the requirements of the Act and Board's regulations
following the Illinois EPA's notification of the violations
.
3 .
Complainant is unaware of any quantifiable economic benefits
accrued because of the delay in compliance with the regulatory
requirements .
4 .
A civil penalty o v
13
its attempts to come into
thousand dollars ($5,000 .00) is
reasonable based on the duration and nature of the violations
.
5 .
Complainant's records do not reflect previously adjudicated
violations of the Act by Respondent
.
X .
TERMS OF SETTLEMENT
1 .
Respondent agrees not to contest the allegations of past
violations of Section 21(f) of the Act, 415 ILCS 5/21(f) (1994) and
Sections 703 .121(a), 722
.134, 725 .134, 725 .137, 725
.271, 725 .272 and
725 .274 of 35 Ill
. Adm . Code .
2 .
Respondent shall pay a civil penalty of five thousand
($5,000
.00) dollars into the Illinois Environmental Protection Trust
Fund as follows :
a .
Respondent shall pay $1,000
.00 thirty (30) days after
the Board adopts a final order approving this Stipulation and Proposal
for Settlement, and the remaining $4,000
.00 shall be paid in
increments of $1,000
.00 each, made payable quarterly thereafter, for
no
later tha
required herein
March 31,
payable to the Treas
inois Environmental Protectio
Division
2200
P .O . Box 192
Springfield, IL 62794-927
Respondent's Federal Employer Identification
2543162
. Such number shall appear on the face of t
check(s) or money order(s) .
3 .
In the event Respondent fails for more than five (5) days
make any installment payment as required in Section X
.2 . above, all
other payment(s) are accelerated and shall become immediately due and
owing .
4 .
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g)
(1994), interest shall accrue on any penalty amount 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)
(1994) .
a .
Interest on unpaid penalties shall begin to accrue
from the date the penalty amount is due and continue to accrue to the
date payment is received .
b .
Where partial payment is made on any payment amount
14
s 36-
certified
The name and number
such partial payment shall
first applied
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P .O . Box 19276
Springfield, IL 62794-9276
15
any
found stored t
facility
during the Illinois EPA
FEIN shall appear on
inspector's visit of November 3, 1994, was removed from the fa ility
properly disposed of inn accordance with
state law and regulations
.
6 .
Respondent ; by signature on
Consent Order, represents
tha as of this dat the area of the cility in which hazardous waste
was stored, is in compliance with the Act and Board's
regulations .
7 .
Respondent
by signature on this Consent Order, represe
s
that the facility is not now being used as a waste storage or waste
disposal facility, and further, no waste, including, but not limited
to, hazardous waste and/or special waste is currently being stored in
violation of the State's hazardous waste regulations, or is being
disposed of at the site .
characterize all waste generated
facility
Further, Respondent shall at all times have all waste generated by the
facturing facility in accordance with all applicable state laws
.
9 .
Effective immediately, Respondent shall at all times store
waste, including, but not limited to, hazardous and/or special
e generated at the plastic and metal name plates manufacturing
Effective immediately, Respondent shall at all times
to
law and regulations .
Respondent shall comply with the Act and 35 Ill . Adm . Code
ubtitles A through H
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation and Proposal for Settlement in no way affects
Respondent's responsibility to comply with any federal, state or local
regulations, including but not limited to, the Act,
415 ILCS 5/1 et
seq., and the Board's Land Pollution
Regulations, 35 Ill . Adm . Code
Subtitles
A through H .
XII .
RIGHT OF ENTRY
In addition to any other authority, the Illinois EPA, its
employees and representatives, and the Illinois Attorney General, his
accordance with all federal, state and local laws
.
16
the plastic and metal name plates
agents and
representatives, upon presentation of appropriate
identification, shall have the right of entry to
all reasonable times
he purpos
.g inspections to determine compliance with, and
the sample(s) taken, upon Respondent's request .
XIII .
RELEASEFROMLIABILITY
espondent's payment of a five thousand
dollars ($5,000
.00) civil penalty and commitm
further violations of the Act and regulations promulgated thereunder,
the Complainant shall release, waive and discharge Respondent from any
ties from violations of the Act which were
the subject matter of the Complaint herein, upon receipt by
Complainant of all payments required in Section X of this Stipulation
and Proposal for Settlement
. However, nothing in this Stipulation and
Proposal for Settlement shall be construed as a waiver by Complainant
of the right to redress future violations or obtain penalties with
respect thereto .
17
MATTHEW J .
Chief
Environmental Enforcement/Asb tos
Litigation Division
By :
WILLIAM D . SEITH, Chief
Environmental Bureau
Assistant
Attorney General
WHEREFORE, Complainant and Respondent request that
adopt and accept this Stipulation and Proposal
ettlemen
Dated
c :\wpwin60\wpdoc
:
\rosemari\meto .sti
7
CERTIFICATE OF SERVICE
I, ROSEMARIE CAZEAU, an Assistant Attorney General in this case
do certify that I caused to be mailed this 7th day of July, 1997,
the foregoing Complainant's Notice of Filing,
Stipulation and
Proposal for Settlement, Agreed Motion to Request Relief from the
Hearing Requirement, and Certificate of Service to the person(s)
listed on said Notice, by First Class Mail, in postage prepaid
envelopes and depositing same with the United States Postal Service
located at 100 West Randolph Street, Chicago, Illinois 60601
.
