BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    ex rel.
    LISA MADIGAN, Attorney
    )
    CLERKS
    OFFICE
    General of the State of Illinois,
    OC~
    t?2003
    Complainant,
    STATE
    OF ILLINOIS
    v.
    )
    PCB
    04-
    (o I
    Pollution
    Control Board
    (Enforcement-Water)
    ROYAL TRUCKING COMPANY,
    a
    Mississippi corporation,
    Respondent.
    NOTICE OF FILING
    TO:
    See Attached Service List
    PLEASE TAKE NOTICE
    that on October
    17,
    2003,
    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:
    ____________________________
    Christop
    P
    Perzan
    Assis
    nt Att rney General
    Environmental Bureau
    188
    W. Randolph St.,
    20th Floor
    Chicago,
    Illinois
    60601
    (312)
    814-3532

    SERVICE LIST
    Royal Trucking Co.
    c/o Mr. Billy Milican,
    Registered Agent
    1323 N Eshman Ave
    West Point MS 39773-8700

    CLp~.
    ~
    ~
    ‘/
    2uo~j
    S7~VJEOp
    PCB
    04-
    (~.‘7
    Po//gj~j0~
    ~
    (Enforcement-Water)
    Board
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    PEOPLE OF THE STATE
    OF ILLINOIS,
    ex
    rel.
    LISA
    MADIGAN,
    Attorney
    General
    of
    the
    State
    of
    Illinois,
    Complainant,
    v.
    ROYAL TRUCKING COMPANY,
    a
    Mississippi corporation,
    Respondent.
    COMPLAINT
    Complainant,
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS,
    by
    LISA
    MADIGAN,
    Attorney General of the State
    of Illinois,
    complains
    of Respondent
    ROYAL TRUCKING COMPANY as follows:
    COUNT
    I
    WATER POLLUTION
    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
    slia,
    with
    the
    duty
    of
    enforcing
    the
    Act.
    3.
    ROYAL TRUCKING COMPANY
    (“Royal”)
    is a Mississippi
    corporation
    with
    its
    headquarters
    located
    at
    1323
    N.
    Eshman
    Ave.
    1

    West
    Point,
    Clay
    County,
    Mississippi.
    4.
    On
    December
    30,
    Royal
    was
    transporting
    approximately
    3,630
    gallons
    of
    sodium
    bisulfite
    on
    Interstate
    94,
    Cook
    County,
    Illinois.
    5.
    The
    sodium
    bisulfite
    on
    the
    truck
    was
    contained
    in
    eleven
    plastic
    totes,
    each
    holding
    330
    gallons
    of
    sodium
    bisulfite.
    6.
    The
    totes
    of
    sodium
    bisulfite
    originated
    from
    PVS
    Chemical
    Solutions,
    Inc.
    (“PVS”),
    which
    is
    a
    Michigan
    company
    authorized
    to
    do
    business
    in
    Illinois.
    The
    totes
    were
    picked
    up
    from
    PVS’s
    Chicago
    facility
    by
    Royal,
    acting
    as
    carrier
    for
    one
    of
    PVS’s
    customers,
    Hall
    Chemical
    Company,
    for
    delivery
    to
    Farmington,
    Michigan.
    7.
    Prior
    to
    departure,
    a
    PVS
    employee
    loaded
    the
    eleven
    totes
    in
    single
    file
    down
    the
    truck’s
    interior.
    After
    the
    totes
    were
    loaded,
    the
    Royal
    driver
    inspected
    the
    totes
    and
    secured
    them
    with
    a
    nylon
    strap
    across
    the
    rear
    tote.
    8.
    As
    the
    truck
    was
    being
    driven
    by
    the
    Royal
    driver
    onto
    Interstate
    94,
    the
    truck
    overturned
    spilling
    the
    contents
    of
    the
    sodium bisulfite
    in
    the
    roadway.
    9.
    The
    sodium
    bisulfite
    ran
    off
    the
    roadway,
    across
    the
    land
    to
    an
    area
    of
    swales
    containing
    pooled
    water
    in
    the
    cloverleaf.
    10.
    Interstate
    94
    was
    shut
    down
    in
    the
    southbound
    direction
    for
    approximately
    four
    hours
    as
    a
    result
    of
    the
    spill.
    11.
    Sodium bisulfite
    is an irritant
    to the eyes,
    skin,
    and
    2

    respiratory system in humans and may irritate or burn the
    gastrointestinal
    tract
    when
    ingested.
    Direct
    contact
    with
    liquid,
    mist,
    or
    vapor
    can
    cause
    irritation
    or
    mild
    burns
    to
    all
    human
    tissue.
    12.
    Sodium
    bisulfite
    creates
    an
    oxygen
    demand
    when
    released
    into
    water,
    thus
    posing
    a
    threat
    to
    fish
    and
    other
    aquatic
    life
    through
    the
    depletion
    of
    oxygen
    levels.
    13.
    Section
    12(a)
    of
    the
    Act,
    415
    ILCS
    5/12(a)
    (2002),
    provides
    as
    follows:
    No
    person
    shall:
    a.
    Cause
    or
    threaten
    or
    allow
    the
    discharge
    of
    any
    contaminant
    into
    the
    environment
    in
    any
    State
    so
    as
    to
    cause
    or
    tend
    to
    cause
    water
    pollution
    in
    Illinois,
    either
    alone
    or
    in
    combination
    with
    matter
    from
    other
    sources,
    or
    so
    as
    to
    violate
    regulations
    or
    standards
    adopted
    by
    the
    Pollution
    Control
    Board
    under
    this
    Act.
    14.
    Section
    3.165
    of
    the
    Act,
    415
    ILCS
    5/3.165
    (2002),
    defines
    “contaminant”
    as
    follows:
    “CONTAMINANT”
    is
    any
    solid,
    liquid
    or
    gaseous
    matter,
    any
    odor
    or
    any
    form
    of
    energy,
    from
    whatever
    source.
    15.
    The
    sodium
    bisulfite
    released is a contaminant
    as that
    term
    is
    defined
    in
    Section
    3.165
    of
    the
    Act,
    415
    ILCS
    5/3.165
    (2002)
    16.
    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
    3

    company,
    trust,
    estate,
    political subdivision,
    state agency, or any other legal entity,
    or their
    legal representative,
    agent or assigns.
    17.
    Respondent is a “person”
    as that term is defined in
    Section 3.315 of the Act,
    415 ILCS 5/3.315
    (2002)
    18.
    Section 3.545 of the Act,
    415 ILCS 5/3.545
    (2002),
    defines “water pollution”
    as
    follows:
    “WATER POLLUTION”
    is such alteration
    of the
    physical,
    thermal,
    chemical, biological or
    radioactive properties
    of any water of the State,
    or such discharge of any contaminant into any
    waters of the State,
    as will or is likely to create
    a nuisance or render such waters harmful or
    detrimental or injurious to public health,
    safety
    or welfare, or to domestic, commercial,
    industrial,
    agricultural,
    recreational, or other legitimate
    uses,
    or to livestock,
    wild animals,
    birds,
    fish,
    or other aquatic life.
    19.
    Section 3.550 of the Act,
    415 ILCS 5/3.550
    (2002),
    defines “waters” as follows:
    “WATERS” means all accumulations of water,
    surface
    and underground,
    natural, and artificial, public
    and private, or parts thereof, which are wholly or
    partially within,
    flow through,
    or border upon this
    State.
    20.
    The waters in the swales of Interstate 94’s cloverleaf
    are waters of the State as that term is defined in Section 3.550 of
    the Act,
    415 ILCS 5/3.550
    (2002)
    21.
    The release of the sodium bisulfite into the water
    pooled in the swales caused or threatened harm to aquatic life,
    rendered those waters potentially harmful to human health, and
    created a public nuisance.
    22.
    The release of the sodium bisulfate also threatened to
    4

    enter
    Lake
    Calumet,
    creating
    a
    potential
    hazard
    to
    fish
    and
    other
    wildlife.
    23.
    The
    facts
    as
    alleged
    in
    this
    Count
    constitute
    a
    violation
    of
    Section
    12
    (a)
    of
    the
    Act,
    415
    ILCS
    5/12
    (a)
    (2002)
    WHEREFORE,
    Complainant,
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS,
    respectfully
    requests
    that
    the
    Board
    enter
    an
    order
    in
    favor
    of
    Complainant
    and
    against
    Respondent,
    on
    this
    Count
    I.
    1.
    Finding
    that
    Respondent
    has
    violated
    Section
    12(a)
    of
    the
    Act;
    2.
    Ordering
    Respondent
    to
    cease
    and
    desist
    from
    any
    future
    violations
    of Section 12(a)
    of the Act;
    3.
    Assessing
    a
    civil
    penalty
    of
    Fifty
    Thousand
    Dollars
    ($50,000.00)
    against
    Respondent
    for
    each
    violation
    of
    the
    Act,
    and
    an
    additional
    penalty
    of
    Ten
    Thousand
    Dollars
    ($10,000.00)
    per
    day
    for
    each
    day
    of
    violation;
    4.
    Assessing
    all
    costs
    against
    Respondent
    including
    expert
    witness,
    consultant,
    and
    attorney
    fees;
    and
    5.
    Granting
    such
    other
    relief
    as
    the
    Board
    deems
    appropriate
    and
    just.
    COUNT
    II
    CREATION OF A WATER POLLUTION HAZARD
    1-18.
    Complainant realleges and incorporates by reference
    herein
    paragraphs
    1
    through
    12
    and
    14
    through
    19
    of
    Count
    I
    as
    paragraphs
    1
    through
    18
    of
    this
    Count
    II.
    19.
    Section
    12(d)
    of
    the
    Act,
    415
    ILCS
    5/12(d)
    (2002),
    5

    provides
    as
    follows:
    No
    person
    shall:
    d.
    Deposit
    any
    contaminants
    upon
    the
    land
    in
    such
    place
    and
    manner
    so
    as
    to
    create
    a
    water
    pollution
    hazard;
    20.
    The
    spilled
    sodium
    bisulfite
    remained
    on
    the
    land
    from
    December
    30,
    2002
    until
    at
    least
    January
    8,
    2003.
    21.
    During
    the
    time
    it
    remained
    on
    the
    land,
    the
    sodium
    bisulfite threatened and created a hazard of further water
    pollution
    and
    because
    water
    coming
    into
    contact
    with
    it
    would
    have
    been
    impacted
    or
    contaminated
    by
    the
    sodium
    bisulfite,
    it
    also
    constituted
    a
    public
    nuisance.
    22.
    The
    facts
    as
    alleged
    in
    this
    Count
    constitute
    a
    violation
    of
    Section
    12(d)
    of
    the
    Act,
    415
    ILCS
    5/12(d)
    (2002)
    WHEREFORE,
    Complainant,
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS,
    respectfully requests that the Board enter an order in favor of
    Complainant
    and
    against
    Respondent,
    on
    this
    Count
    II:
    1.
    Finding
    that
    Respondent
    has
    violated
    Section
    12(d)
    of
    the
    Act;
    2.
    Ordering
    Respondent
    to
    cease
    and
    desist
    from
    any
    future
    violations
    of
    Section
    12(d)
    of
    the
    Act;
    3.
    Assessing
    a
    civil
    penalty
    of
    Fifty
    Thousand
    Dollars
    ($50,000.00)
    against
    Respondent
    for
    each
    violation
    of
    the
    Act,
    and
    an additional penalty of Ten Thousand Dollars
    ($10,000.00)
    per day
    for
    each
    day
    of
    violation;
    4.
    Assessing
    all
    costs
    against
    Respondent
    including
    expert
    6

    witness,
    consultant,
    and
    attorney
    fees;
    and
    5.
    Granting
    such
    other
    relief
    as
    the
    Board
    deems
    appropriate
    and
    just.
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS,
    ex rel.
    LISA
    MADIGAN,
    Attorney
    General
    of
    the
    State
    of
    Illinois,
    MATTHEW
    J.
    DUNN,
    Chief
    Environmental Enforcement/
    Asbestos
    Litigation
    Division
    By:
    Of
    Counsel:
    CHRISTOPHER P.
    PERZAN
    Assistant
    Attorney
    General
    Environmental Bureau
    188
    W.
    Randolph
    St.
    -
    20th
    Fl.
    Chicago,
    IL
    60601
    (312)
    814-3532
    ROSEMARIE
    Environmental
    Bureau
    Assistant
    Attorney
    Genera
    7

    CERTIFICATE OF SERVICE
    I,
    CHRISTOPHER
    P.
    PERZAN,
    an
    Assistant
    Attorney
    General,
    certify
    that
    on
    the
    17th
    day
    of
    October,
    2003,
    I
    caused
    to
    be
    served
    by
    Registered
    Certified
    Mail,
    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.
    CHRISTOPHE
    P.
    P
    AN
    I:\Forms\BdCmpntnotice.wpd

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