ILLINOIS POLLUTION CONTROL BOARD
January 22, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VERTELLUS SPECIALTIES, INC.,
an INDIANA CORPORATION,
1
)
)
)
)
)
)
)
)
)
)
Respondent.
PCB No. 03-182
(Enforcement)
ORDER OF THE BOARD (by G.L. Blankenship):
On April 8, 2003, , the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a 14-count complaint against Vertellus Industries, Inc. The
complaint concerns Vertellus Industries’ coal tar distillation process plant, located at 1450
Edwardsville Road, Granite City, Madison County. The parties now seek to settle without a
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 (2006)), 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 (2006); 35 Ill. Adm.
Code 103. In this case, the People allege that Vertellus Industries violated Sections 9(a) and (b),
12(d), and 21(e), and (f) of the Act (415 ILCS 5/9(a), (b), 12(d), and 21(e)(f) (2006)), along with
the Board’s rules at Sections 201.143, 219.501(a), 703.121(a), 722.123(a), 725.131, 725.151(b),
725.156(j), and 725.273(a) (35 Ill. Adm. Code 201.143, 219.501(a), 703.121(a), 722.123(a),
725.131, 725.151(b), 725.156(j), and 725.273(a)).
The People allege that Vertellus Industries violated Section 9(a) of the Act (415 ILCS
5/9(a) (2006)) and Sections 219.501(a) and 201.143 (35 Ill. Adm. Code 219.501(a)) by operating
batch stills with less than the required efficiency (Count I), and by operating those stills and
scrubbers after the expiration of the 270-day operating period without obtaining an operating
permit (Count III), respectively. The People also allege that Vertellus Industries violated Section
9(a) of the Act Act (415 ILCS 5/9(a) (2006)) by allowing the emission of 1,500 gallons of
creosote in November 2000 so as to cause air pollution (Count XI), and allowing the emission of
particulate matter, volatile organic material and carbon monoxide, via batch still fire, in January
2004 so as to cause air pollution (Count XIV
2
2
1
VIn erthe
tellSus
tipulwas
atifon
ormand
erly
Prkoposnowan l
afs
or
RSeeiltlty
leImndusent,
trrieecse,
iIvencd
..
by the Pollution Control Board on
1/13/09, Count XIV is a scrivener’s error listed as the second Count XIII.
). The People allege that Vertellus Industries
2
violated Section 9(b) of the Act Act (415 ILCS 5/9(b) (2006)) by failing to comply with
Condition 2(d) of its construction permit (Count II).
The People further allege that Vertellus Industries violated Sections 12(d) and 21(e) of
the Act (415 ILCS 5/12(d) and 21(e) (2006)) by allowing releases at various times in the year
2000 of electro binder pitch, crude coal tar and creosote, upon the land so as to create a water
pollution hazard (Count X), and by allowing hazardous waste to leak upon the ground at a
disposal site that did not meet the requirements of the Act and associated regulations (Count IV).
The People also allege that Vertellus Industries violated Section 21(f) of the Act in conjunction
with several Board Rules: Section 703.121(a) by operating a hazardous waste facility without a
permit issued by the Illinois EPA (Count V); Section 725.131 by failing to maintain and operate
said facility in a manner to minimize the possibility of a sudden release of hazardous waste to the
soil or air (Count VI); Sections 725.151(b) and 725.156(j) by failing to report the release of a
hazardous waste in June and July 2000 to the proper authorities, and failing to submit a written
report to the Illinois EPA 15 days after the implementation of the facility contingency plan
(Count VII); Section 725.273(a) by failing to manage hazardous waste in a closed container
during storage (Count VIII); Section 722.123(a) by failing to timely send a copy of a June 2000
manifest to the Illinois EPA (Count IX); and, Section 725.131 by allowing the release of crude
coal tar in July 2003, thereby failing to maintain and operate a facility in a manner to minimize
the release of hazardous waste to the soil or air (Count XIII
3
IT IS SO ORDERED.
). The stipulation also notes that
count XII of the complaint is withdrawn.
On January 13, the People and Vertellus Industries, Inc. 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) (2006)). This filing is authorized by Section 31(c)(2) of the Act
(415 ILCS 5/31(c)(2) (2006)), 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, Vertellus
Industries neither admits nor denies the alleged violations and agrees to pay a civil penalty of
$140,000.00.
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) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board directs
the Clerk to provide the required notice.
3
Count XIII referenced here is the first Count XIII listed in the Stipulation and Proposal for
Settlement.
See also
footnote 1, page 1.
3
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on January 22, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
