~ECE~VED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
JUL
30
2O~4
STATE OF ILLINOIS
Pollution
Control Board
PEOPLE OF THE
STATE OF ILLINOIS,
)
Complainant,
)
v.
)
PCBNO.OS~/~
)
(Enforcement)
)
MICHAEL COLLINS,
dibla
C & R
)
CONSTRUCTION,
)
Respondent.
)
NOTICE OF FILING
To:
Mr.
Michael
Collins
C &
R Construction
22
Loisel
East St. Louis,
Illinois 62201
PLEASE TAKE
NOTICE that on this date
I
mailed for filing with the Clerk of the Pollution
Control
Board
of the State
of Illinois, an
ENTRY OF APPEARANCE and COMPLAINT,
copies of
which
are
attached
hereto
and
herewith
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 this
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.
FURTHER,
please
take
notice
that
financing
may
be
available,
through. the
Illinois
Environmental Facilities
Financing Act,
20
ILCS 3515/1
(1994), to
correct the pollution alleged in
the Complaint filed
in
this case.
Respecifully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS
LISA
MADIGAN
Attorney General
of the
State of
Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
L~9a~o7Z
PHILL~McQUILLA~
Assistant Attorney General
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: July 27, 2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL
302004
STATE OF ILLINOIS
PEOPLE OF THE
STATE OF ILLINOIS,
)
POllUtiOn Control Board
Complainant,
)
v.
)
PCBNO.
)
(Enforcement)
)
MICHAEL COLLINS,
d/bla
C & R
)
CONSTRUCTION,
)
Respondent.
)
ENTRY OFAPPEARANCE
On
behalf of the Complainant, PEOPLE OF THE STATE OF
ILLINOIS, PHILLIP
McQUILLAN, Assistant Attorney General of the State of
Illinois, hereby enters his
appearance as
attorney of record.
Respectfully submitted,
PEOPLE OF THE
STATE OF ILLINOIS
LISA MADIGAN
Attorney General
of the
State
of Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:
~
PHILL~McQUILL
N
Assistant Attorney General
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: July 27, 2004
RECE~VEO
LERKS OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
JUL
302004
STATE OF ILLINOIS
PEOPLE OF THE STATE
OF ILLINOIS,
)
POlI~tion
Control Board
Complainant,
)
vs.
)
No.
PCB
)
(Enforcement)
MICHAEL COLLINS
dibla
C & R
)
CONSTRUCTION,
)
Respondent.
COMPLAINT
The PEOPLE OF THE STATE OF ILLINOIS,
by
Lisa Madigan, Attorney General of the
State of Illinois, on her own motion and
at the request of the ILLINOIS ENVII~ONMENTAL
PROTECTION AGENCY,
complains of the Respondent,
MICHAEL COLLINS
d/b/a C & R
CONSTRUCTION, as follows:
COUNT
I
NOTIFICATION VIOLATION
1.
This count is brought on behalf of the People of the State of Illinois,
by Lisa
Madigan,
the Attorney General of the State of Illinois,
on her own
motion and
at 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 agency of the
State of Illinois
created
by the Illinois
General Assembly
in Section 4 of the Act, 415
LOS
5/4 (2002),
and
charged,
inter a/ia,
with
the
duty
of enforcing the Act.
3.
The Respondent,
Michael Collins,
is a contractor engaged
in
general
construction and
demolition activities, doing
business as
C & R Construction.
1
4.
Section
9.1(d) of the Act, 415
ILCS 5/9.1(d) (2002),
provides:
(d)
No person shall:
1.
Violate any provisions of Sections 111,
112,
165 or
173 of the
Clean
Air Act,
as
now or hereafter amended, or federal
regulations adopted
pursuant thereto;
*
*
*
5.
The regulations on
National Emission Standards for Hazardous Air Pollutants
(“NESHAP”) governing asbestos,
40 CFR Part
61, Subpart
M
et seq.,
were adopted
pursuant to
Section
112 of the Clean Air Act, 42 U.S.C.
§7412.
Asbestos
is regulated
as a hazardous air
pollutant because it is a carcinogen.
6.
40
CFR
61.141 provides,
in
pertinent
part:
*
*
*
DemolItion
means the wrecking or taking
out of any load-supporting
structural member, of a facility together with any related handling
operations or the intentional burning or any facility.
*
*
*
Facility
means any institutional,
commercial, public,
industrial, or
residential structure,
installation,
or building
(including
any structure,
installation or building containing condominiums or individual
dwelling
units
operated as a
residential cooperative,
but excluding residential
buildings having four or fewer dwelling
units); any ship; and any active
or inactive waste disposal site.
*
*
*
*
*
*
Owner or operator of a demolition or renovation activity
means any
person who owns,
leases, operates,
controls,
or supervises the facility
being
demolished
or renovated
or any person who owns,
leases,
operates,
controls,
or supervises the demolition or renovation
operation,
or both.
*
*
*
2
7.
40
CFR §61.145 provides,
in
pertinent part:
(a)
Applicability.
To determine which requirements
of paragraphs
(a),
(b),
and
(c) of this section apply to the owner or operator of a demolition or
renovation
activity and prior to the commencement of the demolition or
renovation, thoroughly inspect the affected facility or part of the facility
where the demolition or renovation
operation will occur for the presence
of asbestos, including
Category
I and
Category
II nonfriable ACM.
The
requirements of paragraphs (b) and
(c) of this section apply to each
owner or operator of a demolition or renovation activity,
including the
removal of RACM as follows:
*
*
*
(3)
If the facility is being
demolished under an order of a
State or local
government agency, issued because the facility is structurally
unsound and
in
danger of imminent collapse, only the
requirements of
paragraphs (b)(1), (b)(2),
(b)(3)(iii), (b)(4)
(except
(b)(4)(viii)),, (b)(5),
and
(c)(4) through (c)(9) of this section
apply.
*
*
*
(b)
Notification requirements.
Each owner or operator of a demolition or
renovation
activity to which this section
applies
shall:
(1)
Provide the Administrator with written
notice of intention
to
demolish or renovate.
Delivery of the notice by U.S.
Postal
Service, commercial delivery service, or hand
delivery
is
acceptable.
(2)
Update notice,
as
necessary, including
when the amount of
asbestos affected
changes
by at
least 20
percent.
(3)
Postmark or deliver the notice as follows:
*
*
*
(iii)
As
early as possible before,
but not later than,
the
following working day if the operation
is a demolition
ordered
according
to paragraph
(a)(3) of this section.
.
*
*
*
(c)
Procedures for asbestos emission control.
Each owner or operator of a
demolition or renovation activity to whom
this
paragraph applies,
according
to paragraph (a) of this section, shall comply with
the following
procedures:
*
*
*
(8)
Effective
1
year after promulgation
of this regulation,
no
RACM
shall
be stripped,
removed, or otherwise
handled
or disturbed at a
facility regulated
by
this section
unless at least one
on-site
3
representative,
such as a foreman or management-level person or
other,authorized representative, trained in the provisions of this
regulation
and the
means of complying
with them,
is present..
(9)
For facilities described
in
paragraph.(a)(3) of this section,
adequately wet the portion of the facility that contains
RACM
during
the wrecking
operation.
*
*
*
8.
40 CFR §61.150
provides,
in
pertinent part:
Each owner or operator of any source
covered under the provisions of
sections
61.144,
61.145, and
61.147 shall complywith
the following
provisions:
(a)
Discharge
no visible emissions to the outside air during the collection,
processing
(including incineration), packaging,
or transporting
of any
asbestos-containing waste material generated by
the course, or use one
of the emission
control and waste
treatment methods
specified
in
paragraphs (a)(1) through (4) of this section.
*
*
*
(3)
For facilities demolished where the ,RACM is not removed
prior to
demolition according
to
§~
61 .145(c)(1)
(I),
(ii), (iii),
and
(iv) or for
facilities demolished
according
to
§
61 .145(c)(9), adequately wet
asbestos-containing waste material at all times after demolition
and
keep wet during
handling and
loading for transport
to a
disposal site.
.
.
.
*
*
*
(b)
All
asbestos-containing waste material shall
be deposited
as
soon as
is
practical by the waste generator at:
(1)
A waste disposal site operated
in
accordance with
the provisions
of~61.154.
.
*
*
*
9.
The Respondent,
Michael Collins, was
hired
by the City of East St.
Louis to
demolish
a facility known
as the former Montgomery Ward building and
located
at 420
St.
Louis
Avenue in
East St.
Louis,
St. Clair County,
Illinois.
The City had
issued an order for emergency
demolition on
July
12,
2002,
because the former Montgomery Ward building
had
been
mostly
burned in
a fire on
July 4, 2002.
In
a letter dated July 23,
2002,
the City had
directed Michael
Collins
to
obtain
a certified asbestos
supervisor for the demolition.
4
10.
On
or about July
18, 2002,
Michael Collins
began to demolish the former
Montgomery Ward building.
11.
The former Montgomery Ward building
is a “facility” and
the Respondent,
Michael
Collins,
is an “operator” of a “demolition,”
as
the terms are defined
at 40
CFR §61.141.
12.
On July24,
2002,
the Illinois EPA inspected the operations at
the facility and
determined that suspected asbestos-containing waste
materials were
present at the facility and
in the demolition debris,
that there was
no on-site representative trained
in the provisions of the
NESHAP regulations,
and that
there were no efforts
being
made to wet the asbestos-containing
waste materials during
handling and
loading for transport.
13.
On July
24, 2002,
the Illinois
EPA sampled the suspected asbestos-containing
waste
materials,
including
pipe insulation.
The analytical testing subsequently indicated
that the
pipe insulation contained
at
least 20
asbestos.
14.
Although
an operator of a demolition is required by4O CFR §61.145(b)(1)to
provide written advance
notification, the Respondent,
Michael Collins,
did not submit, and the
Illinois
EPA did
not receive,
the required written
notification for the demolition.
15.
By failing
to
provide written
notification
prior to
the demolition,
the Respondent
violated 40
C.F.R.
§
60.145(b)(1)
and
Section
9.1(d)(1) of the Act, 415
ILCS 5/9.1(d) (2002).
PRAYER FOR RELIEF
WHEREFORE, the Complainant,
People
of the State of Illinois, respectfully
requests that
this Board enter an
Order against the Respondent,
Michael Collins:
A.
Authorizing
a hearing
in
this matter
at which time the Respondent will
be
required to
answer the allegations herein;
5
B.
Finding that the Respondent has violated the Act and
regulations as
alleged
herein;
C.
Ordering
RespOndent to cease and
desist from any further violations of the Act
and
associated regulations;
D.
Pursuant to Section 42(a) of the Act, 415
ILCS 5/42(a) (2002),
impose a civil
penalty of not more than the statutory maximum;
E.
Pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f) (2002), award the
Complainant its
costs
in
this matter,
including reasonable attorney’s fees and
costs;
and
F.
Grant such other and further relief as the Board deems
appropriate.
COUNT II
WASTE
HANDLING VIOLATIONS
1-13.
Complainant realleges and
incorporates
herein
by reference paragraphs
1
through
13 of Count las
paragraphs
1
through
13 of this Count
II.
14.
On July 27, 2002, the Illinois EPA returned
to the facility and determined
that
demolition debris and asbestos-containing waste material were
being disposed
of at the
site.
In
particular, the Illinois
EPA observed
a truck dumping dirt upon the remaining demolition debris
and
asbestos-containing waste materials.
15.
The Respondent,
Michael Collins,
failed to adequately wet the asbestos-
contain ing waste material at all times after demolition and
keep wet such waste during
handling
and
loading for transport to an
EPA-approved waste
disposal site,
resulting in visible
dust cloud
emissions.
16.
The Respondent,
Michael Collins, failed
to transport
to an
EPA-approved waste
disposal site as soon as practical all
asbestos-containing waste material
generated
during
the
demolition.
6
particular, the
Illinois
EPA observed a truck dumping dirt upon the remaining
demolition debris
and
asbestos-containing waste
materials.
15.
The
Respondent,
Michael
Collins, failed
to adequately wet the asbestos-
containing waste
material at all times after demolition and
keep wet such waste during
handling
and loading for transport to
an
EPA-approved waste disposal site,
resulting
in visible
dust cloud
emissions.
16.
Respondent,
Michael Collins, failed
to transport to an
EPA-approved waste
disposal site as
soon
as practical all asbestos-containing waste material
generated during
the
demolition.
17.
The Respondent,
Michael Collins,
failed to
provide an on-site representative
trained
in the provisions of the NESHAP regulations during
the demolition and waste
handling
and thereby violated 40
C.F.R.
§
61.145(c)(8) and
Section 9.1(d)(1)of theAct,
415
I.LCS
5/9.1(d) (2002).
PRAYER
FOR RELIEF
WHEREFORE,
the Complainant, People of the State of
Illinois, respectfully requests
that this Board enter an
Order against the Respondent, Michael
Collins:
A.
Authorizing
a hearing
in this matter
at
which time the Respondent will
be
required to answer the allegations herein;
B.
Finding that the Respondent has violated the Act and
regulations’as alleged
herein;
C.
Ordering
Respondent to
cease and desist from
any further violations
of the Act
and associated
regulations;
D.
Pursuant to Section
42(a) of
the Act,
415
ILCS
5/42(a)
(2002),
impose a civil
penalty of not more than the statutory maximum;
8
E.
Pursuant to
Section ‘42(f) of the Act, 415
ILCS 5/42(f) (2002),
award the
Complainant its costs
in this matter,
including reasonable attorney’s fees
and
costs;
and
F.
Grant such other and
further relief as the Board deems
appropriate.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State
of Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
THOMAS
DAVIS, Chief
Environmental Bureau
Assistant Attorney General
Of Counsel:
PHILLIP McQUILLAN
Senior Assistant Attorney General
500 South
Second Street
Springfield, Illinois
62706
217/782-9031
Dated:
July
23, 2004
9
CERTIFICATE OF SERVICE
I
hereby certify that
I
did on
July 27, 2004,
send
by First Class
‘lail,
with
postage thereon
fully
prepaid,
by depositing
in a
United
States Post Office
Box a true
and correct copy of the
following
instruments entitled NOTICE OF
FILING,
ENTRY OF APPEARANCE
and
COMPLAINT:
To:
Mr.
Michael
Collins
C & R Construction
22 Loisel
East St.
Louis,
Illinois
62201
and the original and
ten copies by First Class
Mail with
postage thereon fully prepaid of the
same foregoing
instrument(s):
To:
Dorothy Gunn, Clerk
Illinois
Pollution
Control
Board
State of Illinois
Center
Suite
11-500
100
West
Randolph
Chicago,
Illinois 60601
Phillip Mc~uilIan
Assistant Attorney General
This filing
is submitted
on
recycled paper.