ii IJIr 1P’,I1Ilt\’II

RECEiVED

‘JU

\1i’JLiU

UUULJ

FPJ<’S

OFFICE

BEFORE THE ILLINOIS POLLUTION

CONTROL BOARD

JUN

2001

PEOPLE OF

THE STATE OF ILLINOIS,

)

SitLbUFLLL1N

Pollution

Control

Board

Complainant,

PCB No.

00-211

)

(Enforcement)

TOYAL

AMERICA, Inc. formerly

known as

ALCAN-TOYAL AMERICA,

INC.,)

a foreign

corporation,

Respondent.

NOTICE OF FILING

PLEASE

TAKE NOTICE that on the 21st

day

of June, 2001,

the

Complainant

filed its Motion

Request Relief From Hearing

Requirement, and

Stipulation and Proposal for Partial

Settlement

in the above

referenced matter, true and correct copies of which

are

attached hereto

and herewith served upon

you.

PEOPLE OF THE STATE

ILLINOIS, ex rel. JAMES

RYAN, Attorney General of

State

of Illinois

MATTHEW J. DUNN, Chief

Enyironmenta,r Enforcement

ftsestos Liigation Division

çristopher Grant

Assistant Attorney General

188 W. Randolph,

floor

Chicago Illinois, 60601

(312)

814-5388

Attorney No. 99000

CLERK’S

OFFICE

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

JUN

2001

STATE

ILLINQj

PEOPLE OF

THE STATE OF

ILLINOIS,

)

Pollution

Control

Boa

Complainant,

PCB

No.

00-211

)

(Enforcement)

TOYAL

AMERICA, INC.

formerly

known

ALCAN-TOYAL

AMERICA,

INC.,)

a foreign

corporation,

Respondent.

MOTION

REQUEST

RELIEF FROM

HEARING

REQUIREMENT

NOW

COMES the

Complainant,

PEOPLE

THE STATE

OF ILLINOIS,

JAMES

E. RYAN, Attorney

General

of the

State

Illinois,

and

requests

relief from the

hearing

requirement in

the above

captioned matter.

support

thereof,

the

Complainant

states

follows:

On May 31,

2000,

Complainant

filed

a Seven

Count

complaint

against respondents,

alleging

violations of

the

Illinois Environmental

Protection

Act,

415 ILCS

5/1 et

seq.

(2000)

(“Act”),

and

regulations

promulgated

the

Illinois

Pollution

Control Board

(“Board”).

June

21,

2001,

Stipulation

and

Proposal

for

Partial

Settlement,

covering

the

violations

alleged in

Counts III

through

VII of the complaint,

was filed

before

the Board.

Section

31 Act, 415

ILCS 5/31

(2000),

provides, in

pertinent

part,

as follows:

—1—

(c)

(2)

Notwithstanding

the

provisions

subdivision

(1)

of this subsection

(c),

whenever

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

requirement of

hearing

pursuant

subdivision

(1).

Unless

the Board, in

its

discretion,

concludes that

hearing

will

be held,

the Board

shall

cause

notice

of the

stipulation,

proposal and

request for relief

to be published

and

sent in the same manner

as is required

for

hearing pursuant

to subdivision

(1)

this

subsection. The

notice shall include

statement

that any person

may file

written

demand for

hearing within 21

days after receiving the

notice.

If any person

files

timely written

demand for

hearing, the Board

shall deny the request

for

relief from

a hearing and shall hold

a hearing in

accordance

with

the provisions of

subdivision

(1).

hearing is scheduled

in the instant

case.

The Complainant, PEOPLE OF THE STATE

OF ILLINOIS,

hereby

requests

relief from the

requirement of

hearing

pursuant

415 ILCS

5/31(c)

(2) (2000)

Respectfully

submitted,

PEOPLE OF

THE

STATE OF ILLINOIS

by JAMES B. RYAN,

Attorney General of the

State of Illinois

MATTHEW

DUNN, Chief

Environmental

Enforceme

t/Asbestos

BY:

LjonDoJ

STOPHER GRANT

A&stant Attorney General

Environmental Bureau

188 W. Randolph

St.,

Flr.

Chicago, Illinois 60601

(312)

814-5388

-2-

BEFORE THE

ILLINOIS

POLLUTION

CONTROL

BOAECEJJVED

CLERIcS

OFFICE

PEOPLE

THE

STATE

ILLINOIS,

Complainant,

JUN

212001

PCB No.

OO2]SLTATEOF1LLflOJs

PolIuo,

Control

Board

)

(Enforcement)

TOYAL

AMERICA, Inc.

formerly

known

ALCAN-TOYAL

AMERICA,

INC.,)

a foreign

corporation,

Respondent.

)

STIPULATION AND

PROPOSAL

FOR PARTIAL

SETTLEMENT

Complainant,

PEOPLE

OF THE STATE

OF ILLINOIS,

by JAMES

RYAN,

Attorney General

the

State of

Illinois,

at the

request

of the

Illinois Environmental

Protection

Agency, and

Respondent,

TOYAL

AMERICA, INC.,

foreign

corporation,

do hereby

agree

this Stipulation

and

Proposal

for Partial

Settlement.

The

parties agree

that the

statement of

facts

contained

herein

represents

fair

summary

of the evidence

and testimony

which

would

introduced

by the parties

full

hearing

were held.

The

parties

further

stipulate that

this

statement of

facts is

made

and agreed upon

for purposes

of partial

settlement

only

and

that

neither

the

fact that

party

has entered

into

this

Stipulation,

nor any

of the facts

stipulated

herein, shall

introduced

into evidence

in this

or any other

proceeding

except

enforce

the terms of

this

agreement.

Notwithstanding

the

sentence,

this Stipulation

and

Proposal for Partial

Settlement

and any

Illinois Pollution

Control

Board

(“Board”)

-1-

order

accepting

same

may be

used

any

future

enforcement

action

as evidence

past

adjudication

violation

of the

Illinois

Environmental

Protection

Act

(

Act”)

for

purposes

Section

39(i)

and

42(h)

the

Act,

415 ILCS

5/39(i)

and

5/42(h)

(2000).

This

agreement

shall

null

and

void

unless

the

Board

approves

and

disposes

this

matter

each

and

every

one

the

terms

and

conditions

the

settlement

set

forth

herein.

JURISDICTION

The

Board

has

jurisdiction

the

subject matter

herein

and

the

parties

consenting

hereto

pursuant

the Act,

415 ILCS

5/i

seq.

(2000)

II.

AUTHORIZATION

The

undersigned

representatives

for

each

party

certify

that

they

are

fully

authorized

the

party

whom

they

represent

enter

into

the

terms

and

conditions of

this

Stipulation

and

Proposal

for

Partial

Settlement

and

legally

bind

them

it.

III.

COVERED

MATTER

This

Stipulation

and

Proposal

for

Partial

Settlement

limited

Counts

III,

IV,

VI and

VII

of the

Complaint.

Counts

I and

II,

which

Complainant

alleges,

inter

alia,

violations

of Section

9(a)

the Act,

Ill.

Adm.

Code

201.141,

-2-

Cl)

‘Z

H-

‘d

H-

Cl)

H-

Cl)

H-

(

Cl)

H-

C))

•

H-

irt

H-

bij

II-’-

C))

-j

C))

çt

C))

Itn

H-

‘1

H-

C))

H-

H-CD

C))

‘-Q

C))

H---

H-

C))

(.Q

C))

H-

I-.-

C))

H-

L’J

FtC

H-

IrJ

‘d

L-

C))

I-i

C))

H-

C))

‘-<

C))

H-

‘1

‘d

C))

H-

I—a

—.

C))

H-

‘tI

‘.0

—

I-i

H-

I-

F-

C))

C)-’

Ft-

I-

C))

‘d

‘ii

‘.

H-

‘.

C))

H-

C))

H-

C))

H-

H-C

C),

C))

I-i

C)I

-1

H-

C))

‘<

C))

‘—i

H-

‘ti

—

C))

—

C))

H-

C))

H-

‘tI

—

C))

H-

I-

H-

I—i

H-

I-I

H-

C)J

H-

‘d

‘-<

1xi

H-

‘ti

H-

C))

I-

‘-<

C))

H-

‘-<

H-

—

H-

C))

H-

C))

—

C))

Respondent,

Toyal

America,

Inc.,

a corporation

organized

under

the

laws

of the

State

Delaware.

Facility

Description

Since at

least

March

15,

1995,

Respondent

has

operated

aluminum

products

manufacturing

facility

17401

South

Broadway,

Lockport,

Will

County,

Illinois.

Noncompliance

Complainant

has

alleged,

pertinent

part:

COUNT

III:

RCRA

VIOLATION-OPERATING

WITHOUT

A PERMIT:

Violation

Section

21(f) (1)

the Act,

415

ILCS

5/21

(f)

(1)

(2000) ,

and

Section

703,121

of the

Board

Waste Disposal

Regulations,

35 Ill.

Adm.

Code 703.121;

COUNT

IV:

RCRA

VIOLATION-INADEQUATE

AISLE

SPACE:

Violation

Section

21(f)

(2)

of the

Act,

415

ILCS

5/21(f)

(2)

(2000),

and

Section

725.135

of the

Board

Waste

Disposal

Regulations,

35 Ill.

Adm.

Code

725.135;

COUNT

RCRA

VIOLATION-FAILURE TO AMEND

CONTINGENCY

PLAN:

Violation

Section

21(f)

(2)

of the

Act,

415

ILCS

5/21(f)

(2)

(2000),

and

Section

725.154(d)

the Board

Waste

Disposal

Regulations,

Ill.

Adm.

Code

725.154(d);

COUNT

VI:

RCRA

VIOLATION-TANK

SYSTEM:

SECONDARY

CONFINEMENT:

Violation

Section

21(f)

(2)

the

Act,

415

ILCS

5/21(f)

(2)

(2000),

and

Section

725.293(e)

(2)

(D)

the Board

Waste

Disposal

Regulations,

35 Ill.

Adm.

Code

725.293(e)

(2) (D)

;

COUNT

VII: RCRA

VIOLATION-TANK

SYSTEM:

INSPECTION

DOCUMENTATION:

Violation

Section

21(f)

(2)

the Act,

415

ILCS 5/21(f)

(2)

(2000)

, and Section

725.295(c)

of the

Board

Waste

Disposal

Regulations,

35 Ill.

Adm.

Code

725.295(c).

-4-

VI.

EXPLANATION

PAST

FAILURES

COMPLY

WITH

THE

ACT

Respondent

states

that

its

waste

handling

system

was

being

updated

and

reviewed

the

time

of the

Illinois

EPA

inspection

that

lead

the

filing

Counts

III

through

VII

the

Complaint. Respondent also

states

that

unexpected

delays

the

issuance

Will

County

and

municipal

construction

permits

contributed

the

conditions

leading

to the

filing

of Counts

III

through VII.

VII.

FUTURE

PLANS

COMPLIANCE

Respondent

shall

cease

and

desist

from

future

violations

the

Act

and

Board

regulations,

including

but

not

limited

to,

those

Sections of

the Act

and

Board

regulations

that

were

the

subject

matter

Counts

III,

IV,

V, VI

and

VII

the

Complaint

outlined

in Section

V.C.

this

Stipulation

and

Proposal

for

Partial

Settlement.

VIII.

IMPACT

THE

PUBLIC

RESULTING

FROM

NONCOMPLIANCE

Section

(c)

of the

Act,

415

ILCS

5/33

(c)

(2000)

provides

follows:

making

its

orders

and

determinations,

the Board

shall

take

into

consideration

all

the

facts

and

circumstances

bearing

upon

the

reasonableness

of the

emissions,

discharges,

deposits involved

including,

but

not

limited

to:

the

character

and

degree of

injury

to,

-5-

interference

with the

protection

the

health,

general

welfare

and

physical

property

of the

people;

the

social

and

economic

value

the

pollution

source;

the

suitability

unsuitability

the

pollution

source

to the

area

which

it is

located,

including

the question

of priority

of location

the

area

involved;

the

technical

practicability

and

economic

reasonableness of reducing

eliminating

the

emissions,

discharges

deposits

resulting

from

such

pollution

source;

and

any

subsequent

compliance.

ANALYSIS:

Although

Toyal

does

not

admit

the alleged

violations

the

Act

and

Pertinent

Board

Regulations,

the

parties

mutually

state

follows:

1. Character

and

Degree

Injury:

The

impact

the

public

from

Toyal’s

alleged

violations

the Act

would

an increased

risk

of the

discharge

hazardous

waste

into

the

environment.

In addition,

Illinois

EPA

and

the

public

were

not

privy

information

that

important

the

control

pollution

Illinois.

The

RCRA

permit

process,

and

maintenance

updated

contingency

plan

are

important

tools

responding

emergencies

which

may threaten

the

release

hazardous

waste

into

the environment.

Social

and

Economic

Benefit:

The

parties

agree

that Toyal’s

operations

are of

social

and

economic

benefit.

-6-

H-

Cl)

H-

F-3

(-ii

H-

Cl)

H-

Cl)

H-

CT)

FCl)FtH•f-I

Cl)

H-

•

Cl)

0013

Cl)

H-

(1)

H(Q

‘d

H-

HQOQ

Cl)

H-

Cl)

0t1’CIFt

OCDCD

l--

0CDCu13

HCu

H-

I—’-

.QCD

13Ft

H-

Cl)

çu

FtFt

H-

OH-

(-I’

-CDH-

CflCDMiT)

Cl)

CD13

)

tjH-

OCD-tT)

FtMiCu

FtQ

-d

H-CD

H-

Cl)

-‘1

Cl)

F-)

—

H-

I—a

OFI

FtFt

Cl)

H-CD

HFFH

‘<FtH-Cu

Cl)

H-13Cu

CDHFt

Cl)

Micl)Q

Cl)

H-Cl)C,)

H-

Cl)

H-

CDFt13

CiMiHi.

Cl)

H-

Cl)

H-

CDCuCu

FIFtMi

Cl)

FtO

H-

Cl)

CuFt

H-

Cl)

‘1

Cl)

p-j

O0FtH

H13

H-

13FtCl)Cu

—

Cl)

C)j

H-H-

Cl)

H-

CDFt0Q

Ft(QCuFt

Cl)

CDCuCi.<

Cl)

PFtFt

H-

<CD<

Ft0OFt

H-

Ft13

H-

13ClH-Ft

Cl)

H-

H-CDFt13

1D0CDb

I-I

nFl13CD

CDFIClCD

because

delay

compliance

with

requirements;

the

amount

monetary

penalty

which

will

serve

deter

further

violations

the violator

and

otherwise

aid in

enhancing

voluntary

compliance

with this

Act

the

violator

and

other

persons

similarly

subject

the Act;

and

the

number,

proximity

in time,

and

gravity

previously

adjudicated

violations

this

Act

the

violator.

ANALYSIS:

1. Duration

and

Gravity

the

Violation:

The

initial

inspection

occurred

February

23,

1999.

uncertain

how

long

hazardous

waste

was

stored without

permit,

but

the

State

alleges

that

least

a portion

was

accumulated

for

more than

days.

The

State

also

alleges

that

hazardous

waste

was

improperly

labeled.

Diligence

of Defendant:

Respondent has shown

diligence

addressing

the

violations.

believed

that

Toyal!s

facility

now

compliance

on the

issues

raised

by Counts

III

through

VII of

the complaint.

Economic

Benefit

noncompliance:

Respondent

received

minimal

economic

benefit

in cost

savings

from

noncompliance

with

the

statutes

and

regulations

covered

this

Partial

Settlement.

Deterrence:

A penalty

of Thirty

One

Thousand

Five Hundred

Dollars

($31,500)

will

serve

deter

future

noncompliance

the

-8-

Respondent.

Compliance

History:

Respondent has

adjudicated

violations

of the

pertinent

sections of

the Act

and Board

Regulations.

TERMS OF

SETTIJEMENT

Respondent,

TOYAL

AI4ERICA, INC.,

does not

admit

violations

of:

(a)

Section

21(f) (1)

the Act

and

Ill.

Adm.

Code 703.121,

as alleged

by Complainant

Count

III;

(b)

Section

21(f) (2)

the Act

and

Ill.

Adm.

Code 725.135,

alleged

Complainant

in Count

IV;

(c)

Section

21(f) (2)

the

Act

and

Ill. Adm.

Code

725.154(d),

as alleged

by Complainant

in Count

(d)

Section

21(f)

(2)

the Act

and

35 Ill. Adm.

Code

725.293(e) (2)

(D),

as alleged

by Complainant

in Count

VI.

(e)

Section

21(f)

(2)

the Act

and

Ill. Adm.

Code

725.295(c),

alleged

by Complainant

Count

VII.

Respondent

shall

pay

penalty of

Thirty One

Thousand

Five Hundred

Dollars

($31,500.00)

within Thirty

(30)

days after

the date on

which

the Board

adopts

a final order

approving

this

Stipulation

and Proposal for

Partial

Settlement.

Payment

shall

made

certified

check

or money order,

payable

to the

Illinois

EPA, designated

for

deposit into

the

Environmental

Protection

Trust Fund,

and shall

be sent

by first

class mail

to:

-9-

Illinois

Environmental

Protection

Agency

Fiscal

Services

1021

North

Grand

Avenue East

P.O.

Box

19276

Springfield,

IL 62794-9276

A copy

of the certified

check or money

order,

and

all

correspondence,

shall

be sent by first

class

mail

to:

Christopher

Grant

Assistant Attorney

General

Environmental

Bureau

188

West

Randolph,

2O Fir.

Chicago,

Illinois

60601

Respondent’s

Federal

Employees

Identification

Number

(“FEIN”)/Social

Security

number

is 36-352-14-82.

The

FEIN/Social

Security

number must be

on the

certified check

or money

order.

For issues

relating to

the payment

the

penalty,

Respondent

may

reached at

the

following

address:

Toyal America,

Inc.

17401 South

Broadway

Lockport,

Illinois 60441

XI.

COMPLIANCE

WITH

OTHER

LAWS AND

REGULATIONS

This Stipulation

and Proposal

for

Partial

Settlement

in no

way affects

the

Respondent’s

responsibility

comply

with

any

federal,

state or local

regulations,

including

but not

limited

the Act and

Board regulations.

XII.

RIGHT OF

ENTRY

In addition

any other

authority,

the

Illinois

EPA,

its

-10-

employees

and representatives,

and

the

Illinois

Attorney

General,

his agents

and

representatives,

shall

have right

of entry

Respondent’s

facility

at all

reasonable

times, for

the

purposes

of conducting

inspections.

conducting

any

inspection

Respondent’s

facility,

the

Illinois

EPA,

its

employees

and

representatives,

and

the

Attorney

General,

his agents

and

representatives,

may

take any

photographs or

samples

they

deem

necessary

order

conduct

their inspection.

XIII.

RELEASE

FROM

LIABILITY

FOR

COUNTS III, IV,

V, VI

AND

VII

ONLY

consideration

of Respondent’s

payment

$31,500.00

penalty

and

its commitment

to refrain

from future

violations

the Act

and

Board regulations,

Complainant releases,

waives

and

discharges

Respondent

from

any

further

liability

penalties

for

violations

of the Act

and

regulations

which were

the

subject

matter of

Counts

III, IV,

V, VI,

and

VII

of the

complaint

herein,

upon the

completion of

all

activities

required

hereunder

and

the

payment

of all monies owed.

However,

nothing

in this

Stipulation

and Proposal

for Partial

Settlement,

shall

construed

waiver by

Complainant

the right

seek

redress

for the

violations alleged

in Counts

I and II

of the Complaint

herein,

obtain

penalties with

respect

thereto, and

Complainant’s

enforcement

activities

as to these

Counts

continue

before

the

Board.

Further,

nothing in

this Stipulation

and

Proposal

for

Partial

Settlement

shall

construed

as a

waiver

Complainant’s

rights

regarding

full enforcement

future

-11-

violations.

WHEREFORE,

Complainant

and

Respondent

request

that

the Board

adopt and accept

the foregoing

Stipulation

and

Proposal

for

Settlement

written.

AGREED:

FOR

THE

COMPLAINANT

JAMES E. RYAN

Attorney

General

the State

of Illinois

MATTHEW

DUNN, Chief

Environmental

Enforcement/

Asbestos

Litigation

Division

REIR E CAZ3AU-hi

e f

Chicago

Assistant Attorne@eral

DATE:

FOR

THE

RESPONDENT

TOYAL

AMERICA,

INC.,

a Delaware corporation,

By:

Its:

FEIN:

36-352-14-82

ILLINOIS

ENVIRONMENTAL

PROTECTION

Lief

Legal Counsel

DATE:

-12-

violations.

WHEREFORE, Complainant

and

Respondent

request

that

the

Board

adopt

and accept the

foregoing

Stipulation

and

Proposal

for

Settlement

written.

AGREED:

FOR THE COMPLAINANT

FOR

THE

RESPONDENT

JAMES

RYAN

TOYAL

AMERICA,

INC.,

Attorney

General

Delaware

corporation,

the

State

Illinois

MATTHEW J

DUNN,

Chief

Environmental

Enforcement/

Hiro Kosug/

Asbestos

Litigation

Division

Its

:presjdent

By:

FEIN:

36-352-14-82

ROSEMARIE

CAZEAU,

Chief

Environmental

Bureau,

Chicago

Assistant

Attorney

General

DATE:______________________

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

By:

JOSEPH

SVOBODA

Chief

Legal

Counsel

DATE:_________________________

-12-

c-i

OCH-Il

F—i

I—a

Qcj.

L-_

I-•

c-i-

—-

0pJp)J-

(-Q

ci-

R1H

•

c-I-

:tj

(

CL)

i-ti

HfltJi

c-i-

HCDi

I—

H-tibCD

c-i-

CDCDH

‘iui

I-

“j

H-

c-tc-t

c-i-

tJ)

tfl

(nfL)

c-i-

I-

F:’j

;cj

F—i

[—i

tJ)

c;-:

(I)

))

ci-

‘1

ci-

I-a.

—

Cl)

F—i

c-I-

çu

c-i

[-a.

c-i

c-i-

‘1

—

c-i

I-ti

c-i-

i--ti

I-_

()

[—i-

c-l

•

c-i-

ci-

I-i-

i-h

c-i

I—’-

F—i

c--I-

tJ)

-Q

c--i-

ci-

t-.

—-

-q

—,

I—i-

c-i-

[—s

ci-

l--

c--I-

c-I-