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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~
292004
PEOPLE OF THE STATE OF ILLINOIS,
)
8TATEOFILLINO~S
poilutlon Control Board
Complainant,
)~
-vs-
)
No.
0
(Enforcement
-
Air)
PAUL DiFRP~NCO, SR.,
an Illinois
resident,
and MARK’S
CONSTRUCTION,
INC.,
an
Illinois corporation,
Respondents.
NOTICE OF FILING
TO:
Ms.
Katrina
M.
Maglaya
Marek Kolbiarz
Attorney for Respondents
Registered Agent
Frank DiFranco & Assoc.
Mark’s Construction,
Inc.
617 Devon Avenue
928 West Austin Avenue
Park Ridge, Illinois 60068
Park Ridge,
IL 60068
PLEASE TAKE NOTICE that we have today, August
29,
2004 filed with
the Office of the Clerk of the Illinois Pollution Control Board an
original and nine copies of our Complaint,
a copy of which is attached
herewith and 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
proceedings.
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.
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available through
the Illinois
Environmental Facilities Financing A
(20 ILCS 3515/1
et
seq.)
to correct the alleged pollution.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
Ex rel.
LISA MADIGAN, Attorney
Gene al of the State of Illinois
BY:
~
/~-4~
KATHERINE A.
KELLY
Assistant Attorney General
Environmental Bureau
188 West Randolph,
~
Floor
Chicago,
IL 60601
(312)
814-3153
THIS FILING IS SUBMITTED ON RECYCLED PAPER
~‘
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL
29 2004
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
~7d3
-vs-
)
No.
~
L3
(Enforcement
-
Air)
PAUL
DiFRANCO,
SR.,
an Illinois
resident,
and
MARK’S
CONSTRUCTION,
INC.,
an
Illinois corporation,
Respondents.
COMPLAINT
Complainant,
People of the State of Illinois, by LISA
MADIGAN,
Attorney General of the State of Illinois,
complains of
Respondents,
PAUL
DIFRANCO,
SR.,
an Illinois resident, and MARK’S
CONSTRUCTION,
INC.,
an Illinois corporation,
as follows:
COUNT
I
AIR POLLUTION
1.
This Complaint
is brought on behalf of 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
Environmental Protection Agency
(“Illinois EPA”)
pursuant to
Section 31 of the Illinois Environmental Protection Act, 415 ILCS
5/31
(2002)
(“Act”)
.2.
The Illinois EPA is an administrative agency established
in the executive branch of the State government by Section
4 of
the Act,
415 ILCS 5/4
(2002),
and charged,
inter alia,
with the
1
duty of enforcing the Act.
3.
At all times relevant to this Complaint, Respondent,
Paul DiFranco,
Sr.
(“owner”) was and is the owner of the property
and building located at 911 West Busse Avenue,
Park Ridge,
Cook
County,
Illinois
(“Site”).
The building is a two story
commercial building,
formerly a medical facility.
4.
At all times relevant
to this Complaint,
Respondent,
Mark’s Construction,
Inc.,
(“MCI”)
was the operator and
supervisor
of the renovation of the building at the Site.
5.
Prior to the renovation,
owner contacted Bay
Environmental to conduct
an asbestos inspection of the building.
On September 25,
2002,
Bay Environmental collected twenty-seven
samples of floor tile from the building,
the testing of which
confirmed the presence of asbestos.
Bay identified 1,000 linear
feet of asbestos-containing thermal system insulation,
13,000
square feet of asbestos-containing mastic,
and 24,000 square feet
of asbestos-containing
floor tile.
6.
On October 25,
2002,
an Illinois EPA inspector
inspected the building.
On this date,
there were ten
(10)
rooms
with dry,
friable
9 X
9 floor tile that had been disturbed with a
scraper, floor tile which is often asbestos-containing,
and thus
considered suspect material.
7.
On October 26,
2002,
the Illinois EPA collected five
samples of dry,
friable suspect floor tile from the Site.
All of
2
the samples of suspect floor tile collected this date tested
positive for 2
chrysotile asbestos.
8.
On October 26,
2002, unlicensed workers were using spud
bars to remove the asbestos-containing
floor.
The unlicensed
workers used only common dust masks for protection.
On this
date, no evidence of emission control techniques such as
containment,
negative air, pressure machines and water were being
used inthe building.
9.
On November 21,
2002,
DiFranco’s retained contractor.
commenced an asbestos abatement pursuant to an approved asbestos
abatement and remediation plan,
which was completed on November
27,
2002.
10.
From at least October 25,
2002 to November 27,
2002,
the amount of material present
in the facility alleged in
paragraph
5 was well over the 160 square feet/260 linear feet
asbestos NESHAP threshold amounts thereby triggering the asbestos
NESHAP notification and emission control procedures.
11.
Section 9(a)
of the Act, 415 ILCS 5/9(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 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;
3
12.
Section 201.141 of the Board’s Air Pollution
Regulations,
35
Ill.
Adm. Code 201.141, provides 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, either alone or in
combination with contaminants from other sources,
to cause or tend to cause air pollution in
Illinois,
or so as to violate the provisions of
this Chapter,
or so as
to prevent the attainment
or maintenance of any applicable ambient air
quality standard.
13.
Section 3.115 of the Act,
415 ILCS 5/3.115
(2002),
defines air pollution as follows:
“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.
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.
Section 3.315 of the Act,
415 ILCS 5/3.315
(2002),
defines person as follows:
“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.
Respondents are “persons”
as that term is defined in
4
Section 3.315 of the Act,
415 ILCS 5/3.315
(2002)
17.
Asbestos is a “contaminant”
as that term is defined by
Section 3.165 of the Act,
415 ILCS 5/3.165
(2002)
18.
On or about October of
2002,
or dates better known to
Respondents,
and continuing until November 27,
2002,
Respondents
caused or allowed a release of asbestos fibers during renovation
activities
at the Site.
19.
As the owner of the Site in which the renovation
activity was taking place,
the Respondent,
Paul DiFranco Sr.,
caused,
threatened or allowed the discharge or emission of
asbestos into the environment
so as to cause or tend to cause air
pollution,
in that dry,
friable asbestos fibers were released
into the atmosphere during the renovation activities
at the Site.
20.
As the party that conducted or supervised the
renovation activities at the Site,
the Respondent, MCI,
caused,
threatened or allowed the discharge or emission of asbestos into
the environment
so asto cause or tend to cause air pollution,
in
that dry,
friable asbestos fibers were released into the
atmosphere during renovation activities at the Site.
21.
By their actions alleged herein,
Respondents have
caused or allowed air pollution in Illinois in violation of
Section
9
(a)
of the Act,
415 ILCS 5/9
(a)
(2002)
and 35
Ill.
Adm.
Code 201.141.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
5
respectfully requests that the Board enter an order against
Respondents,
PAUL DiFRANCO,
SR.,
and MARK’ S CONSTRUCTION,
INC.
on
this Count
I:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have caused or allowed
violations of Section
9
(a)
of the Act and 35
Iii. Adm.
Code
201.141;
3.
Ordering the Respondents
to cease and desist from any
further violations of Section 9(a)
of the Act and 35
Ill. Adm.
Code 201.141;
4.
Assessing a civil penalty of $50,000 against each
Respondent for each violation of the Act and pertinent Board
regulations, with an additional penalty of $10,000 per day for
each day that the viQiations continued;
5.
Taxing all costs in this action,
including expert
witness, consultant and attorneys fees,
against Respondents; and
6.
Granting such other relief as the Board deems
appropriate and just.
COUNT
II
FAILURE TO PROVIDE NOTIFICATION
OF DEMOLITION/RENOVATION
ACTIVITIES
1-15.
Plaintiff realleges and incorporates herein by
reference paragraphs
1 through 10 and 13 through 17 of Count
I
as
paragraphs
1 through 15 of this Count
II.
6
16.
Section 9.1
(d)
(1)
of the Act,
415 ILCS 5/9.1
(d)
(1)
(2002)
,
provides as follows:
No person shall:
1.
Violate any provisions of Sections 111,
112,
165,
173 of the Clean Air Act,
as now or hereafter
amended, or federal regulations adopted pursuant
thereto.
17.
Pursuant to Section 112
(b)
(1)
of the Clean Air Act
(“CAA”)
,
42 USC 7412
(b)
(1.)
,
the Administrator of the United
States Environmental Protection Agency
(“USEPA”)
has listed
asbestos
as a hazardous air pollutant.
18.
Section 112
(d)
of the CAA,
42 USC 7412
(d),
titled,
Emission Standards, provides
in pertinent part as follows:
1.
The Administrator shall promulgate regulations
establishing emission standards for each category
or subcategory of major sources and area sources
of hazardous air pollutants listed for regulation
19.
Section 112
(h)
of the CAA,
42 USC 7412
(h),
titled,
Work Practice Standards and Other Recruirements, provides in
pertinent part
as follows:
1.
For the purposes of this section,
if it
is not
feasible in the judgment of the Administrator to
prescribe or enforce an emission standard for
control of a hazardous air pollutant or
pollutants,
the Administrator may,
in lieu
thereof, promulgate a design,
equipment, work
practice,
operation standard,
or combination
thereof, which in the Administrator’s judgment is
consistent with the provisions of subsection
(d)
or
(f)
in this section
.
.
20.
On June
19,
1978,
the Administrator determined that
7
work practice standards rather than emission standards are
appropriate in the regulation of asbestos,
43
Fed. Reg.
26372
(1978), and therefore,
pursuant to Section 112
of the
CAA,
the
USEPA has adopted National Emission Standards for Hazardous Air
Pollutants
(NESHAP5),
including asbestos,
40 CFR 61,
Subpart
M.
21.
Section 61.141 of the USEPA’s NESHAPs,
40 CFR 61.141
(July
1,
199), provides in part as follows:
All terms that are used in this subpart and are not
defined below are given the same meaning as in the Act
and in subpart A of this part.
Asbestos
means the asbestiform varieties of
serpentinite
(chrysotile),
riebeckite
(crocidolite),
cummingtonite-grunerite,
anthophyllite,
and actinolite-tremolite.
Category II nonfriable ACM
means any material,
excluding Category I nonfriable ACM,
containing more
than
1 percent asbestos as determined using the methods
specified in appendix A,
subpart
F,
40 CFR part
763,
section
1,
Polarized Light Microscopy that,
when dry,
cannot be crumbled,
pulverized, or reduced to powder
by hand pressure.
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 of 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 ~inits); any ship; and any active or inactive
waste disposal site.
For purposes of this definition,
any building,
structure,
or installation that contains
a loft used as a dwelling is not considered a
residential structure,
installation, or building.
Any
structure,
installation or building that was previously
8
subject to this subpart is not excluded,
regardless of
its current use of function.
Friable asbestos material
means any material containing
more than
1 percent asbestos as determined using the
method specified in appendix A,
subpart
F,
40 CFR 763
section
1,
Polarized Light Microscopy,
that, when dry
can be crumbled, pulverized,
or reduced to powder by
hand pressure.
If the asbestos content is less than
10
percent
as determined by a method other than point
counting by polarized light microscopy
(PLM), verify
the asbestos content by point counting using PLM.
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.
Regulated asbestos-containing material
(RACM)
means
(a)
Friable asbestos material,
(b)
Category I nonfriable
ACM that has become friable,
(c)
Category
I nonfriable
ACM that will be or has been subjected to sanding,
grinding,
cutting or abrading,
or
(d)
Category II
nonfriable ACM that has a high probability of
becoming or has become crumbled,
pulverized,
or reduced
to powder by the forces expected to act on the material
in the course of demolition or renovation operations
regulated by this subpart.
Remove
means to take out RACM or facility components
that contain or are covered with RACM from any
facility.
Renovation
means altering
a facility or one or more
facility components in any way,
including the stripping
or removal of RACM from a facility component.
Operations in which load-supporting structural members
are wrecked or taken out are demolitions.
22.
The building located at 911 West Busse Avenue,
Park
Ridge, Cook County,
is a “facility”
as that term is defined in 40
CFR 61.141.
23.
The disturbance of the asbestos-containing floor tile
9
at the building constitutes
a “renovation”
as that term is
defined in 40 CFR 61.141.
24.
Respondent DiFranco,
as the owner of the building,
was
the “owner”
of the renovation activities,
as that term is defined
in 40 CFR 61.141.
25.
Respondent MCI,
as the corporation that operated,
controlled or supervised the renovation activities, was the
“operator”
of the renovation activities,
as that term is defined
in 40 CFR 61.141.
26.
Section 61.145 of Title 40 of the Code of Federal
Regulations,
40 CFR 61.145
(July
1,
2002),
as adopted in Section
9.1
(d)
of the Act,
titled,
Standard for demolition and
renovation: provides,
in pertinent part,
as follows:
(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:
In a facility being renovated,
including any
individual nonscheduled renovation operation,
all the requirements of paragraphs
(b) and
(c)
of this section apply if the combined
amount of
RACM
to be stripped,
removed,
dislodged,
cut,
drilled, or similarly
disturbed is
1.
At least
80 linear meters
(260
10
linear feet)
on pipes or at least
15 square meters
(160 square
feet)
on other facility components.
27.
Section 61.145
(b)
(1)
of USEPA’s NESHAPs,
40 CFR
61.145
(b)
(1)
(July
1,
2002),
as adopted in Section 9.1
(d)
(1)
of the Act,
415 ILCS 5/9.1
(d)
(1)
(2002),
titled,
Standard for
demolition and renovation: Notification requirements, provides in
pertinent part
as follows:
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
this notice by U.S.
Postal Service, commercial
delivery,
or hand delivery is acceptable.
28.
Respondents,
as owners and/or operators of the Site
failed to submit to the Illinois EPA written notification of
renovation and demolition ten
(10) working days before any
activity began that would break up, dislodge,
or similarly
disturb the ACM or preclude access to the ACM for subsequent
removal.
29.
The Respondents by their omissions as alleged herein,
have violated Section 9.1
(d)
(1)
of the Act,
415 ILCS 5/9.1
(d)
(1)
(2002), and 40 CFR 61.145
(b)
(1)
WHEREFORE,
Complainant,
THE PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against PAUL
DiFRANCO,
SR.,
AND
MARK’S CONSTRUCTION,
INC. on this Count
II:
1.
Authorizing a hearing in this matter at which time the
11
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have caused or allowed
violations of Section 9.1
(d)
(1)
of the Act and 40 CFR 61.145
(b)
(1)
3.
Ordering the Respondents
to cease and desist from any
further violations of Section 9.1
(d)
(1)
of the Act and 40 CFR
61.145
(b)
(1);
4.
Assessing a civil penalty of $50,000 against each
Respondent for each violation of the Act and pertinent Board
regulations, with an additional penalty of $10,000 per day for
each day that the violations continued;
5.
Ordering Respondents to pay all costs,
including
attorney,
expert witness and consultant fees expended by the
State in its pursuit of this action;
and
6.
Granting such other relief as this Board deems
appropriate and just.
COUNT III
FAILURE TO FOLLOW PROPER EMISSION
CONTROL PROCEDURES
1-26.
Complainant realleges and incorporates herein by
reference paragraphs
1 through 26 of Count
II as paragraphs
1
through 26 of this Count
III.
27.
Section 61.145
(c)
(1)
of USEPA’s NESHAP5,
40 CFR
61.145
(c)
(1)
(July
1,
2002),
titled,
Standard for demolition
and renovation:
Procedures for asbestos emission control,
12
provides in pertinent part as follows:
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:
(1)
Remove all RACM from a facility being
demolished or renovated before any activity
begins that would break up,
dislodge,
or
similarly disturb material or preclude access
to the material for subsequent removal.
28.
Respondents,
as owners and operators of a renovation
activity,
failed to remove all RACM from the facility being
renovated before beginning activity that would break up,
dislodge,
or similarly disturb the material or preclude access
for subsequent removal
in violation of the Clean Air Act, or more
specifically the NESHAP for asbestos.
29.
The Respondents,
by the actions or inactions
as alleged
herein,
have violated Section 9.1
(d)
(1)
(2002),
415 ILCS 5/9.1
(d)
(1)
(2002)
and 40 CFR 61.145
(c)
(1)
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents,
PAUL DIFRANCO,
SR. and MARK’S CONSTRUCTION,
INC. on
this Count
III:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have caused or allowed
violations of Section 9.1
(d)
(1)
of the Act and 40 CFR 61.145
(c)
(1)
13
3.
Ordering the Respondents to cease and desist from any
further violations of Section 9.1
(d)
(1)
of the Act and 40 CFR
61.145
(c)
(1);
4.
Assessing a civil penalty of $50,000 against each
Respondent for each violation of the Act and pertinent Board
regulations,
with an additional penalty of $10,000 per day for
each day that the violations continued;
5•.
Ordering Respondents to pay all costs,
including
attorney,
expert witness and consultant
fees expended by the
State
in its pursuit of this action; and
6.
Granting such other relief as this Board deems
appropriate and just.
COUNT IV
FAILURE TO ADEQUATELY WET ALL RACM
1-26.
Plaintiff realleges and incorporates herein by
reference paragraphs
1 through 26 of Count
II as paragraphs
1
through 26 of this Count
IV.
27.
Section 61.145
(c)
(6)
of USEPA’s NESHAPs,
40 CFR
61.145
(c)
(6)
(July
1,
2002),
as adopted in Section 9.1
(d)
of
the Act,
titled,
Standard for demolition and renovation:
Procedures for asbestos emission control, provides,
in pertinent
part,
as follows:
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:
14
(6) For all RACM,
including material that has
been removed or stripped:
(i)
Adequately wet the material and ensure that
it remains wet until collected and contained
or treated in preparation for disposal in
accordance with §61.150;
28.
Respondents failed to adequately wet and maintain wet
all RACM and ACWM generated until collected and contained
in
preparation for disposal.
The Illinois EPA observed significant
amounts of dry,
friable RACM on the floor of several rooms of the
building that had been disturbed during the renovation.
29.
Respondents by their omissions as alleged herein,
have
violated Section 9.1
(d)
(1)
of the Act,
415 ILCS 5/9.1
(d)
(1)
(2002), and 40 CFR 61.145
(c)
(6)
WHEREFORE, Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents,
PAUL DiFRANCO,
SR.,
and MARK’ S CONSTRUCTION,
INC.,
on this Count
IV:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have caused or allowed
violations of Section 9.1
(d)
(1)
of the Act,
415 ILCS 5/9.1
(d)
(1)
(2002),
and 40 CFR 61.145
(c)
(6);
3.
Ordering the Respondents to cease and desist from any
further violations of Section 9.1(d)
(1)
of the Act and 40 CFR
61.145
(c)
(6)
15
4.
Assessing a civil penalty of $50,000 against each
Respondent for each violation of the Act and pertinent Board
regulations, with an additional penalty of $10,000 per day for
each day that the violations continued;
5.
Ordering Respondents to pay all costs,
including
attorney,
expert witness and consultant
fees expended by the
State in its pursuit of this action; and
6.
Granting such other relief as this Board deems
appropriate and just.
COUNT V
FAILURE TO FOLLOW PROPER DISPOSAL PROCEDURES
1-26.
Complainant realleges and incorporates herein by
reference paragraphs
1 through 26 of Count
II as paragraphs
1
through 26 of this Count V.
27.
Section 61.150
(b)
of USEPA’s NESHAPs,
40 CFR 61.150
(b)
(July
1,
2002),
as adopted in Section 9.1
(d)
of the Act,
titled,
Standard for demolition and renovation: Standard for
waste disposal for manufacturing,
fabricating,
demolition,
renovation, and spraying operations, provides in pertinent part
as follows:
Each owner or operator of any source covered under the
provisions of §~6l.i44, 61.145,
61.146, and 61.147
shall comply with the following provisions:
(b)
All asbestos-containing waste material shall
be deposited as soon as is practical by the
waste generator at:
16
(1)
A waste disposal site operated in
accordance with the provisions of
Section 61.154; or
(2)
An EPA approved site that converts RACM
and asbestos containing waste material
into non-asbestos
(asbestos
free)
material according to the provisions of
Section 61.155.
28.
The Respondents failed to deposit,
as soon as
practicable,
all ACWM generated during renovation activities
within a site permitted to accept such waste.
29.
Respondents by their actions or inac.tions as alleged
herein,
have violated Section 9.1
(d)
(1)
of the Act,
415 ILCS
5/9.1
(d)
(1)
(2002),
and 40 CFR 61.150
(b)
(July
1,
2002)
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents,
PAUL DiFRANCO,
SR.,
and MARK’ S CONSTRUCTION,
INC.,
on this Count V:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have caused or allowed
violations of Section 9.1
(d)
(1)
of the Act and 40 CFR 61.150
(b);
3.
Ordering the Respondents
to cease and desist from any
further violations of Section 9.1
(d)
(1)
of the Act and 40 CFR
61.150
(b);
4.
Assessing a civil penalty of $50,000 against each
17
Respondent for each violation of the Act and pertinent Board
regulations, with an additional penalty of $10,000 per day for
each day that the violations continued;
5.
Ordering Respondents to pay all costs,
including
attorney,
expert witness and consultant
fees expended by the
State in its pursuit of this action;
and
6.
Granting such other relief as this Board deems
appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN,
Attorney General
of the
State of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental Enforcement/Asbestos
Litigation Division
‘9
By:
____
ROSEMARIE
~
Chie
Environmental Bureau
Assistant Attorney General
Of Counsel:
KATHERINE
A.
KELLY
Assistant Attorney General
Environmental Bureau
188 West Randolph Street,
20th Floor
Chicago,
IL 60601
(312)
814-3153
Atty.
No.
99000
18
CERTIFICATE OF SERVICE
I,
KATHERINE A.
KELLY,
an Assistant Attorney General,
do certify
that I caused to be mailed this ~
day of
July,
2004,
the foregoing
COMPLAINT and NOTICE OF FILING upon the persons listed on said NOTICE
by Certified Mail.
KATHERINE A. KELLY
