ILLINOIS POLLUTION CONTROL BOARD
March 5, 2009
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VERTELLUS SPECIALTIES, INC.
1
)
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)
)
)
)
)
)
)
,
an INDIANA CORPORATION.
Respondents.
PCB 03-182
(Enforcement)
OPINION AND ORDER OF THE BOARD (by G.L. Blankenship):
On February 3, 2005, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a second supplemental fourteen-count complaint against Vertellus
Specialties, Inc. (Vertellus), concerning Vertellus’ coal tar distillation process plant
2
The People allege that Vertellus 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
, located at
1450 Edwardsville Road, Granite City, Madison County. The parties now seek to settle without
a hearing. For the reasons below, the Board accepts the parties’ stipulation and proposed
settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Attorney
General and the State’s Attorneys may bring actions before the Board on behalf of the People to
enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2006); 35 Ill. Adm. Code 103.
In this case, the People allege that Vertellus 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)).
1
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2
to cause air pollution (Count XIV
3
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
). The People allege that Vertellus Industries 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).
4
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements.
See
35 Ill. Adm. Code 103.302. These requirements
include stipulating to facts on the nature, extent, and causes of the alleged violations and the
nature of Vertellus’ operations. Section 103.302 also requires that the parties stipulate to facts
called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2006)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. Vertellus neither admits
nor denies the alleged violations. The stipulation also addresses the factors of Section 42(h) of
the Act (415 ILCS 5/42(h) (2006)), which may mitigate or aggravate the civil penalty amount.
).
On January 13, 2009, the People and Vertellus filed a stipulation and proposal for
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). The Board provided notice of the stipulation,
proposed settlement, and request for relief. The newspaper notice was published in
Granite City
Press Record Journal
, on January 28, 2009. The Board did not receive any requests for hearing.
The Board grants the parties’ request for relief from the hearing requirement.
See
415 ILCS
5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b).
3
In the Stipulation and Proposal for Settlement, received by the Pollution Control Board on
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See also
, footnote 2, page 1.
3
Vertellus agrees to pay a civil penalty of $140,000.00. The People and Vertellus have satisfied
Section 103.302. The Board accepts the stipulation and proposed settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Vertellus Specialties, Inc., must pay a civil penalty of $140,000.00 no later than
April 6, 2009, which is first business day following the 30th day after the date of
this order. Vertellus must pay the civil penalty by certified check or money order,
payable to the Illinois Environmental Protection Trust Fund. The case name, case
number, and Vertellus’ Federal Employer Identification Number must appear on
the face of the certified check or money order.
3.
Vertellus must submit payment of the civil penalty to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Vertellus must send a copy of the certified check or money order and any
transmittal letter to:
Environmental Bureau
Illinois Attorney General’s Office
500 South Second Street
Springfield, Illinois 62706
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
5.
Vertellus must cease and desist from the alleged violations.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2006);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
4
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above opinion and order on March 5, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
