RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CLERK’S OFFICE

PEOPLE OF THE STATE

OF ILLINOIS,

)

JUN

032005

PoIIut~onControl Board

PCB

05-

2~0)

(air enforcement)

Complainant,

Respondent.

NOTICE OF FILING

TO:

See Attached Service List

PLEASE TAKE NOTICE that on June

3,

2005,

we filed with the

Illinois Pollution Control Board a Complaint,

a true and correct copy

of which is attached and hereby served upon you.

Failure to file an answer to this complaint within 60 days may

have severe consequences.

Failure to answer will mean that all

allegations in

the’ complaint will be taken as if admitted for purposes

of this proceeding.

If you have any questions about this procedure,

you should contact the hearing officer assigned to this proceeding,

the Clerk’s Office or an attorney.

Financing to correct the violations alleged may be available

through the Illinois Environmental Facilities Financing Act 20 ILCS

3515/1,

et seq.

Respectfully submitted,

LISA MADIGAN

Attorney General

State of Illinois

BY

Christc

Assist~

Enyironmental Bureau

188 W. Randolph St.,

20th Floor

Chicago,

Illinois

60601

(312)

814-3532

V.

PHOENIX FINISHING,

INC.,

---

SERVICE

LIST

Phoenix Finishing,’ Inc.

c/o Mr. Joel Aronson,

Reg. Agent

1090 Industrial Drive

Bensenville,

IL 60106

Mr. Carey

S. Rosemarin

Law Offices of Carey

S.

Rosemarin,

PC

500 Skokie Boulevard,

Suite 510

NorthbroOk,

IL 60062

---

RECEIVED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JUN

032005

STATE OF ILLINOIS

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

)

Pollution

Control

Board

Complainant,

V.

)

PCB

05-

PHOENIX

FINISHING,

INC.,

an

Illinois

)

(air

enforcement)

corporation,

Respondent.

COMPLAINT

Complainant,

PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,

Attorney General of

the State of Illinois, complains

of Respondent,

PHOENIX FINISHING,

INC.,

as follows:

COUNT I

FAILURE TO OBTAIN AIR POLLUTION PERMITS

1.

This Complaint

is brought by the

Attorney General on her

own motion and upon the request of the Illinois Environmental

Protection Agency (“Illinois

EPA”)

pursuant to the terms and

proVisions of Section 31 of the Illinois Environmental Protection Act

(“Act”)

,

415 ILCS 5/31

(2002)

.

2.

The Illinois EPA is an administrative agency of the State

of Illinois, created pursuant to Section 4 of the Act,

415 ILCS 5/4

(2002), and charged,

inter alia,

with the duty of enforcing the Act.

---

3.

PHOENIX FINISHING,

INC.

(“PFI”),

is an Illinois

corporation in good. standing and headquartered at 1090

Industrial

Drive,

Berisenville,

DuPage

County,

Illinois.

4.

f~FIoperates an electronic parts coating and silk

screening facility at its headquarters location

(“facility”)

5.

In January 2004,

the Illinois EPA received several

complaints from citizens regarding damage to their autos in the

form of paint spots.

All of the damage occurred while the autos

were parked near the PFI facility.

At least one of the citizens

related to the Illinois EPA that they believed PFI was the source

of the paint.

6.

On January 21,

2004,

the Illinois EPA conducted an

inspection of the PFI facility.

7.

‘

During the inspection, the

Illinois

EPA

inspector

observed that the Respondent conducted liquid and power coating

and silk screening operations, at the facility.

8.

The solvent based liquid coating operation was

conducted in two paint booths that were vented to the outside

through

a

duct

vent

and

roof

stack.

The

liquid

coating

operation

also

includes

a

curing

oven

that

vents

to

the

atmosphere.

9.

The powder coating operation was conducted in a

separate booth, which was also vented outside through the duct

vent

and

roof

stack.

The

powder

coating

operation

also

utilizes

a curing oven that vents to the atmosphere.

10.

The

silk

screening

operation

includes

a

curing

oven

that

vents

to

the

atmosphere.

2

---

11.

Upon

information

and

belief,

the

Respondent

began

the

liquid and powder coating and silk screening operations

in 1996

or

1997

and

expanded

the

operations

in

2000

and

2001.

12.

In operating the liquid coating, powder coating, and

silk screen operations Respondent used coating materials,

including’inks,

dilutents and cleaning materials containing

volatile organic materials

(“VON”)

13.

The

materials

the

Respondent

used

in

the

liquid

coating, powder coating and silk screening operations have the

potential to and do emit VON.

14.

At

no time relevant to this Complaint did the

Respondent have

a. permit from the Illinois EPA

for any emission

source.

15.

Section

3.315

of

the

Act,

415

ILCS

5/3.315

(2002),

provides the following definition:

“PERSON”

is any individual,

partnership, co-

partnership,

firm company, limited liability company’,

corporation,

association,

joint

stock

company,

trust,

estate,

political subdivision,

state agency,

or any

other legal entity,

or their legal representative,

agent or assigns.

16.

PFI

is

a “person”

as that term is defined in Section

3.315

of

the

Act,

415

ILCS

5/3.315

(2002).

17.

Section 3.165 of the Act, 415 ILCS 5/3.165

(2002),

provides the following definition:

“CONTAMINANT”

is any solid,

liquid,

or gaseous

matter, any odor,

or any form of energy from

whatever

source.

18.

VOM are “contaminants” as defined in Section 3.165

3

---

of the Act,

415 ILCS 5/3.165

(2002)

19.

Section 3.115 of the Act,

415 ILCS 5/3.115

(2002),

contains the following definition:

“Air pollution”

is the presence in the atmosphere of

one or more contaminants in sufficient quantities

and

of

such characteristics and duration as to be

injurious to human, plant, or animal ‘life, to

health, or to property, or to unreasonably interfere

with the enjoyment of life or property

20.

VOM are ozone precursors and contribute to the

creation of ground-level ozone.

The inhalation of ozone can

cause negative health impacts in humans,

including difficulty

breathing,

throat irritation,

lung damage and lowered

resistance to respiratory diseases.

21.

Section 9(b)

of the Act,

415 ILCS

5/9(b) (2002),

provides as follows:

No person shall construct,

install or

operate

any

equipment,

facility,

vehicle,

vessel,

or

aircraft

capable

of

causing

or

contributing to air pollution or designed

to prevent air pollution,

of any type

designated

by

Board

regulations,

without

a permit granted by the Agency,

or in

violation of any conditions imposed by

such permit.

22.

Section 201.143

of the Board regulations,

35 Ill.

Adm. Code 201.143,

provides,

in pertinent part,

as follows:

No person shall cause or allow the operation of any

new emission source or new air pollution control

equipment of a type for which a construction permit

is

required by Section 201.142 without first obtaining an

operating permit from the Agency,

except for such

testing

operations

as

may

be

authorized

by

the

construction

permit.

4

---

23.

Section

201.102

of

the

Board

regulations,

35

Ill.

Adm.

Code

201.102,

provides

the

following

pertinent

definitions:

“Air

Contaminant”:

any

solid,

liquid

or

gaseous

matter,

any

odor

or

any

form

of

energy,

that

is

capable

of

being

released

into

the

atmosphere

from

an emission source.

“Construction”:

commencement

of

on-site

fabrication,

erection or installation of an emission

source or of air pollution control equipment.

“Emission

Source”:

any

equipment

or

facility

of.

a

type capable of emitting specified air contaminants

to the atmosphere.

“New Emission Source”:

any emission source,

the

construction or modification of which is commenced

on or after April

14,

1972.

“Owner or Operator”: any person who owns,

leases,

controls

or

supervises

an

emission

source

or

air

pollution control equipment.

24.

The paint booths and ovens at the facility each

constituted an “emission source” and a “new emission source” as

defined

in

35

Ill.

Adm.

Code

201.102.

25.

PFI was,

at all times relevant to this Complaint,

an

“owner or operator” as defined in 35 Ill. Adm.

Code 201.102.

26.

From at least 2003 through at least 2004 PFI was

required

to

have’

an

operating

permit

from

the

Illinois

EPA

for

the

emission

sources

at

its

facility.

27.

From at least 2003 through at least 2004

the,

Respondent owned and operated an emission source without an

operating permit from the Illinois EPA in violation of Section

5

---

9(b)

of the Act,

415 ILCS 5/9(b) (2002)

and 35

Ill. Adm.

Code

201.143.

WHEREFORE,

Complainant,

PEOPLE OF THE STATE OF ILLINOIS,

respectfully

requests

that

the

Board

enter

an

order

for

Complainant

and

against

Respondent,

PFI,

with

respect

to

this

Count

I:

1.

Authorizing a hearing in this matter at which time the

Respondent will be required to answer the allegations alleged

herein;

2.

Finding that Respondent violated Section 9(b)

of the

Act,

415 ILCS 5/9(b) and 35 Ill. Adm.

Code 201.143;

3.

Ordering Respondent to cease and desist from further

violations

of

Section

9(b)

of

the

Act,

415

ILCS

5/9(b)

and

35

Ill.

Adm.

Code

201.143;

4.

Assessing

against

Respondent

a

civil

penalty

of

Fifty

Thousand

Dollars

($50,000.00)

for

each

violation

of

the

Act,

and

regulations promulgated thereunder, with an additional penalty of

Ten

Thousand

Dollars

($10,000.00)

for

each

and

every

day

of

violation;

5.

Ordering Respondent to pay all costs including

attorney,

expert

witness

and

consultant

fees

expended

by

the

State in pursuit of this action pursuant to 415

ILCS

5/42

(f)

(2002)

;

and

6.

Granting such additional relief as the Board deems

appropriate

and

just.

6

---

COUNT II

FAILURE TO COMPLY WITH EMISSION LIMITATION STANDARDS

1-24. Complainant hereby repeats and incorporates by

reference paragraphs 1 through 20 and 22 through 25 of Count I as

paragraphs

1

through

24

of

this

Count

II.

25.

Section 9(a)

of the Act,

415 ILCS 5/9(a) (2002),

provides in pertinent part,

as follows:

No person shall cause or threaten or allow the

discharge or emission of any contaminant into the

environment in any State so as to cause or tend to

cause air pollution in Illinois, either alone or in

combination with contaminants from other sources,

or

so as to violate regulations or standards adopted by

the Board under this Act.

26.

Pursuant to Section 218.103,

35 Ill.

Adm.

Code

218.103, all sources within the Chicago area,

which includes

DuPage County,

must comply with the requirements of Part 218 of

the Board Regulations

(“ORGANIC MATERIAL EMISSION STANDARDS AND

LIMITATIONS FOR THE CHICAGO AREA”).

27.

As

a source located in DuPage County,

PFI was subject

to the requirements of Part

218.

28.

Section 211.1190 of the Board Regulations,

35 Ill.

Adrn.

Code 211.1190, provides,

in pertinent part,

as follows:

b)

“Coating” means, for purposes ‘of 35

Ill. Adm.

Code

218

and

219,

a

material

applied

ontO

or

impregnated into a substrate for protective,

decorative or functional purposes.

Such

materials include, but are not limited to,

paints,

varnishes,

sealers, adhesives,

thinners,

diluents and inks.

29.

Section 218.201 of the Board Regulations,

35

Ill. Adm.

7

---

Code 218.201, provides, in pertinent part,

as follows:

Except as provided in Sections 218.205, 218.207,

218.208, 218.212, 218.215 and 218.216

of this

Subpart, no owner or operator of a coating line shall

apply at any time any coating in which the VOM content

exceeds the following emission limitations for the

specified coating.

j)

Miscellaneous Metal Parts and

Kg/i

Lb/gal

Products Coating

2)

Extreme performance coating

A)

Air dried

0.42

(3.5)

.0.42*

(3.5)*

B)

Baked

0.42

(3.5)

0.40*

(3.3)*

30.

The Respondent u~sedinks,

dilutents and other

materials that constituted coatings subject

to the emission

limitations of Section 281.201(j)

of the Board Regulations,

35

Ill. Adm.

Code 218.201(j).

31.

From at least 1997 through at least April 2004

Respondent used coatings that contained VOM in an amount

exceeding the emissions limitations in Section 218.201(j)

32.

Respondent’s usage of coatings with VOM constituted a

violation of Section 218.201(j)

of the Board Regulations,

35

Ill.

Adrn.

Code 218.201(j)

.

The use of the noncompliant coatings also

caused the emission of contaminants

so as to violate the

regulations and standards of the Board,

in violation of Section

9(a)

of the Act,

415 ILCS 5/9(a) (2002)

WHEREFORE,

Complainant,

PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order for

Complainant and against’Respondent,

PFI, with respect to this

8

---

Count

II:

1.

Authorizing a hearing in this matter at which time the

Respondent will be required to answer the allegations alleged

herein;

2.

Finding that Respondent violated Section 9(a)

of the

Act,

415 ILCS 5/9(a) and 35

Ill. Adm.

Code 218.201(j);

3.

Ordering Respondent

to cease and desist from further

violations of Section 9(a)

of the Act,

415 ILCS 5/9(a) and 35

Ill. Adm.

Code 218.201(j);

4.

Assessing against Respondent

a civil penalty of Fifty

Thousand Dollars

($50,000.00)

for each violation of the Act, ‘and

regulations promulgated thereunder, with an additional penalty of

Ten Thousand Dollars

($10,000.00)

for each and every day of

violation;

5.

Ordering Respondent to pay all costs including

attorney, expert witness and consultant fees expended by the

State in pursuit of this action pursuant to 415 ILCS

5/42 (f) (2002)

;

and

6.

Granting such additional relief as the Board deems

appropriate and just.

COUNT

III

FAILURE TO FILE AN ANNUAL EMISSIONS REPORT

1-26.

Complainant hereby repeats and incorporates by

reference paragraphs

1 through 26

of Count

I as paragraphs

1

through 26 of this Count

III.

27.

Section 211.1950 of the Board Regulations,

35

Ill.

9

---

Adm.

Code 211.1950, provides as follows:

“Emission unit” means any part or activity at a

stationary source that emits or has the potential to

emit any air pollutant.

28.

The ovens and spray booths at the PFI facility

constituted emission units as defined in 35

Ill. Adm.

Code

211.1950.

29.

Section 201.302 of the Board Regulations,

35

Ill. Adm.

Code 201.302, provides,

in pertinent part,

as follows:

a)

The owner or operator, of any emission unit or air

pollution control equipment,

unless specifically

exempted in, this Section,

shall submit to the

Agency as

a minimum, annual reports detailing the

nature, specific emission units and total annual

quantities of all specified air contaminant

emissions; provided,

however,

that the Agency may

require more frequent reports where necessary to

accomplish the purposes of the Act and this

Chapter.

30.

Section 254.137 of the Board Regulations,

35

Ill. Adm.

Code 254.137, provides,

in pertinent part,

as follows:

a)

All Annual Emissions Reports are due by May 1 of

the year following the calendar year in which the

emissions took place.

31.

Section 254.132 of the Board Regulations,

35

Ill. Adm.

Code 254.132, provides,

in pertinent part,

as follows:

a)

Failure to file a complete Annual Emissions

Report by the applicable deadlines prescribed in

Section 254.137(a)

of this Subpart shall be a

violation of this Part and 35

Ill. Adm.

Code

201.302(a).

32.

PFI

was

required,

pursuant

to

Section

201.302,

to

file

annual emission reports with the Illinois EPA during each year it

was required to have

a permit for’its emission units.

33.

For at least the reporting year 2003 PFI failed to

10

---

timely

file

annual

emission

report

with

the

Illinois

EPA.

The

report was due on April

1,

2004.

34.

The failure to timely file annual emission reports was

a violation of Sections 201.302(a)

and 254.132(a)

of the Board

Regulations,

35

Ill. Adm.

Code 201.302(a)

and 254.132(a)

and

thereby,

also a violation of Section 9(b)

of the Act,

415 ILCS

5/9(b) (2002)

WHEREFORE,

Complainant,

PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order for

Complainant and against Respondent,

PFI, with respect to this

Count

III:

1.

Authorizing

a

hearing

in

this

matter

at

which

time

the

Respondent

will

be

required

to

answer

the

allegations

alleged

herein;

2.

Finding that Respondent violated Section 9(b)

of the Act,

415 ILCS 5/9(b) (2002) and 35

Ill. Adm.

Code 201.302(a)

and

254.132(a);

3.

Ordering Respondent

to cease and desist from f,urther

violations

of Section 9(b)

of the Act,

415 ILCS 5/9(b) (2002)

‘and

35

Iii.

Adm.

Code

20l.302’and

254.132(a);

4.

Assessing against Respondent

a civil penalty of Fifty

Thousand Dollars

($50,000.00)

for each violation of the Act,

and

regulations

promulgated

thereunder,

with

an additional penalty of

Ten Thousand Dollars ‘($10,000.00) for

each

and

every

day

of

violation;

5.

Ordering Respondent

to pay all costs including attorney,

11

---

expert witness and consultant fees expended by the State in

pursuit of this a’ction pursuant to 415 ILCS 5/42

(f) (2002);

and

6.

‘

Granting such additional relief as the Board deems

appropriate and just.

,PEOPLE

OF THE STATE OF ILLINOIS,

ex

i-el.

LISA MADIGAN,

Attorney General of

the

State of Illinois

MATTHEW

J.

DUNN,

Chief

Environmental Enforcement

/Asbestos Litigation

ivision

BY:

ROS

IE

U,

Chief

Environmental Bureau

Assistant Attorney General

OF COUNSEL:

Christopher

P.

Perzan

Assistant

Attorney

General

Environmental Bureau

188

West

Randolph,

20th

Floor

Chicago,

IL 60601

312-814-3532

12

---

CERTIFICATE OF SERVICE

I,

CHRISTOPHER

P.

PERZAN,

an

Assistant

Attorney

General,

certify

that

on

the

3rd day of June,

2005,

I caused to be served by Registered

Certified Nail,

Return Receipt Requested,

the foregoing complaint to

the parties named on the attached service list,

by depositing same in

postage prepaid envelopes with the United States Postal Service

located

at 100 West Randolph Street,

Chicago, Illinois 60601.

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