BEFORE
THE ILLINO1S POLLUTION
CONTROL
BOARD
RECEIVED
PEOPLE
OF THE
STATE OF
ILLINOIS,
)
LEAKS
OFFICE
~
rd.
LISA MADIGAN, Attorney
OCT
14
General
of
the
State
of
Illinois,
STATE OF ILLINOIS
Complainant,
)
~OItUtiOn
Control Board
vs.
)
PCB
No.
O~~
(Enforcement)
CSX TRANSPORTATION,
INC..
a
Virginia corporation.
Respondent,
NOTICE
OF
FILING
To.
Jeff Styron
Counsel for CSX Transportation,
Inc.
Law Department
J-150
500 Water Street
Jacksonville,
FL
32202
PLEASE TAKE
NOT IC~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
a
COMPLAINT,
copies
of
which
are
atlached
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 w.ll
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.
1
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Envirnr:mental
F.jci,t
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20
LOS
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(~304),
to
correct
the
po!ILtForI
~Iltqoc
in
the
Complaint
filec~in
this
case.
Respectfully submitted.
PEOPLE
OF
THE
STATE OF
ILLINOIS
LISA MAO~GAN,
Attorney General of
the
State
of
Illinois
MA
I
IHEW
J.
DUNN.
Chief
Environment~Enforcem9pL’Asbt;stcs
LitioatioryO)vlsion
/
7
KRIS7E
LAUGF~ftGE-~
Assii
nt AtloçiY~’Ge.neral
Environment
.
Bureau
500
South
Second
Sheet
Springfield,
Illinois
62706
217/782-9031
Dated:
October
13,
2005
2
CERTIFICATE OF SERVICE
I
hereby certify
that
I
did on October
12,
2005,
send
by certified
mail,
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
CO MPLA I NT:
To:
Jeff Styron
Counsel for CSX Transportation, Inc.
Law Department
J-1
50
500 Water
Street
Jacksonville,
FL 32202
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
James
R.
Thompson Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois
60601
risten
L
g
dge
Assistan
orney
Ge
This filing is submitted on
recycled paper.
BEFORE THE ILLINOIS
PEOPLE OF THE STATE
OF ILLINOIS,
ex
rel.
LISA MADIGAN, Attorney
General of the
State of Illinois,
Complainant,
CSX TRANSPORTATION,
INC.,
a
Virginia
corporation,
vs.
Respondent.
POLLUTION
CONTROL
BOARD
CLERK’S OFFICE
OCT, 142005
STATE OF ILLINOIS
Pollution Control Board
PCB No.
(Enforcement)
)
)
)
ENTRY OFAPPEARANCE
On
behalf
of the
Complainant, PEOPLE OF THE STATE OF ILLINOIS, KRISTEN
LAUGHRIDGE, Assistant Attorney General of the State of Illinois, hereby enters her appearance
as attorney of record.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISAMADIGAN
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Lilløation
D
500 South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
October
12, 2005
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
RECEIVED
PEOPLE OF THE STATE OF ILLINOIS,
)
CLERK’S
OFFICE
ex
~.
LISA MADIGAN,
Attorney
)
nrr
i
General of the State of Illinois,
)
“
‘
‘
2005
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
vs.
)
No. 951’CB-
(Enforcement)
CSX TRANSPORTATION,
INC.,
a
Virginia corporation,
Respondent.
COMPLAINT
The
PEOPLE OF THE
STATE OF
ILLINOIS,
ex
ret
Lisa Madigan, AttorneyGeneral of
the
State
of Illinois,
on
her own
motion
and
at the request of the ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
complains of the Respondent,
CSX TRANSPORTATION,
INC.,
a
Virginia
Corporation,
as follows:
COUNT
I
AIR
POLLUTION VIOLATIONS
1.
This Complaint is brought
by the Attorney General 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
(2004).
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
ILCS 5/4 (2004),
and
charged,
inter a/ia,
with
the
duty of
enforcing the Act
in
proceedings
before the
Illinois
Pollution
Control
Board
(“Board”).
3.
The Complaint
is brought pursuant to
Section 43 of the Act,
415
ILCS 5/43
(2004),
due
to the emergency nature
at
the time of the derailment.
1
4.
The Respondent, CSXTRANSPORTATION, INC., is a Virginia corporation
in
good standing. The Respondent was a foreign business corporation in Illinois, however, that
status was revoked on July 1, 2002.
5.
On December 22, 2004 at approximately 7:30 AM,
thirteen
engines and
cars of a
55-car train
owned by
the Respondent went off track into a farm field
about one
mile north
of
downtown
Paris, Edwards
County,
Illinois
(“derailment site”).
6.
Four engines
derailed and
four hazardous material cars derailed.
Two
hazardous
materials cars
contained
hydrochloric acid
(“HCI”), one contained
silicon
tetrachloride and
the fourth contained
methyl triChloroSilane.
The remaining
derailed cars
contained grain.
7.
Three engines
were
breached and
released
approximately 5,700
gallons of
diesel fuel.
8.
Of the hazardous materials cars,
one
HCI car breached, one
HCI
car
did not
breach, and
neither of the silicon
tetrachloride and
methyl triChloroSilane cars breached.
9.
The breached
HCI
car released
approximately 20,700 gallons of
HCI.
10.
On
December
22,
2004,
Illinois
EPA,
the
City of Paris
Fire Department and
other state and
local agencies
responded
to the train derailment.
11.
The HCI
release caused an
airborne
HCI
plume
and
an
HCI
spill
on
a field just
west of the railroad tracks.
12.
Due
to the presence of the
HCI
plume, the City of Paris
Fire Department and
Illinois
EPA ordered evacuations of approximately 250
people within approximately one
mile
radius
of the derailment site.
2
13.
HCI
is a corrosive
acid
that can
irritate eyes,
the respiratory system,
and
skin.
Inhalation of
HCI fumes
can aggravate certain
medical
conditions
including asthma
and
respiratory disorders.
14.
Section
3.165 of the Act, 415
ILCS 5/3.165
(2004),
contains the following
definition:
‘CONTAMINANT’
is
any solid,
liquid, or gaseous matter,
any
odor or any form of
energy, from
whatever source.
15.
Section
9(a) of the Act, 415 ILCS 5/9(a)
(2004),
provides:
No
person
shall:
(a)
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;
16.
By releasing
HCI which created an
HCI airborne
plume,
the Respondent caused
or allowed air pollution
in violation
of Section
9(a) of the Act, 415
ILCS 5/9(a)
(2004).
PRAYER FOR
RELIEF
WHEREFORE,
Complainant, the
People
of the
State of Illinois,
respectfully requests
that the Board
enter
an Order against the Respondent:
A.
Authorizing a
hearing
in this
matter
at which time the Respondent will
be
required
to answer the allegations
herein;
B.
Finding that
Respondent has violated
the Act 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)
(2004),
impose a civil
penalty of not more than
the statutory maximum;
3
E.
Pursuant to
Section 42(f) of the Act,
415
ILCS 5/42(f)
(2004),
awarding
to
Complainant its costs
and
reasonable attorney fees;
and
F.
Granting
such other
relief as
the
Board
may deem
appropriate.
COUNT
II
ABANDONMENT OF WASTE
1-14.
Complainant
realleges and
incorporates
by reference herein
paragraphs
1
through
14 of
Count
I as paragraphs
1
through 14 of this Count
II.
15.
Section
3.165
of the Act, 415
ILCS 5/3.165
(2004), contains
the following
definition:
“Waste” means
any
...
other
discarded
material, including
solid,
liquid, semi-
solid,
or contained
gaseous material resulting
from
industrial,
commercial, mining
and
agricultural
operations, and from community
activities...
16.
Section
21(e)
of the Act,
415
ILCS 5/21(e)
(2004),
provides,
in
pertinent
part,
as
follows:
e.
Dispose,
treat,
store,
or abandon any waste, or transport any waste
into
this
State for disposal, treatment,
storage
or abandonment, except at a
site or facility which meets the requirements of this Act
and
of regulations
and
standards there
under.
17.
During
the week of January
10,
2005,
at times better known
to the
Respondent,
diesel fuel was
migrating through subsurface soil
during
rain
events.
18.
The Respondent failed
to promptly remove
the
spilled diesel
fuel and
thereby
abandoned
waste at the site of the derailment.
19.
By abandoning waste
at or to a
site which does not meet
the requirements of
the
Act and
of
the standards and
regulations
promulgated thereunder,
the Resporr’tviolatr~d
Section
21(e) of the Act,
415
ILCS
5/21(e)
(2004).
PRAYER FOR RELIEF
4
WHEREFORE,
Complainant, the
People of the
State
of Illinois,
respectfully requests
that the
Board
enter an
Order against the Respondent:
A.
Authorizing
a hearing
in this matter
at which time the Respondent will
be
required
to answer the allegations
herein;
B.
Finding
that
Respondent has
violated the Act 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) (2004),
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)
(2004),
awarding
to
Complainant
its
costs and
reasonable
attorney fees;
and
F.
Granting
such other relief as the
Board
may deem
appropriate.
COUNT
Ill
WATER POLLUTION
HAZARD
1-14.
Complainant realleges and
incorporates
by reference herein paragraphs
1
through
14 of Count
I
as paragraphs
1
through
14 of this Count
III.
15.
Section 12(d) of the Act, 415 ILCS 5/12(d) (2004), 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;
16.
Section
3.545 of the Act,
415
ILCS 5/3.545
(2004),
contains the following
definition:
‘WATER POLLUTION’ is such alteration
of the physical,
thermal,
chemical,
biological, or radioactive properties
of any waters of the State,
or such
discharge of any contaminant into any waters
of the State,
as will
5
or is likely to create a nuisance or render such water 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.
17.
Section
3.550 of the Act, 415
ILCS
5/3.550
(2004), contains the following
definition:
‘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.
18.
The releases occurred approximately 200 yards
from Twin
Lakes, which
provides
drinking water for
the community of Paris,
Illinois.
19.
A marshy
wooded area and
an
unnamed
creek, which drains
into
Twin Lakes,
are
between
the release site
and Twin
Lakes.
The unnamed
creek
is approximately
1/10
of a
mile southwest
of the diesel
fuel
spill site.
20.
The
creek
and
Twin Lakes
are each
“waters” of the
State
as that term
is defined
in
Section 3.550
of the Act,
415
ILCS 5/3.550
(2004).
21.
The Respondent caused
or allowed contaminants to
be
deposited
upon the
land
in
such
place and
manner as
to create
a water pollution hazard
through
its proximity
to the
unnamed
creek and
Twin
Lakes.
22.
By depositing contaminants
upon the
land
in
such
place
and manner as
to create
a water pollution hazard, the Respondent violated
Section
12(d) of the Act, 415 ILCS
5/12(d)
(2004).
PRAYER FOR RELIEF
WHEREFORE,
Complainant, the People of the State
of Illinois, respectfully requests
that the
Board
enter an
Order against the Respondent:
A.
Authorizing
a hearing
in this matter
at which time the Respondent will
be
required to answer the allegations
herein;
6
B.
Finding that Respondent has violated the Act 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) (2004), 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)
(2004), awarding
to
Complainant its costs and
reasonable
attorney fees;
and
F.
Granting
such
other relief as the
Board
may
deem appropriate.
Respectfully
submitted,
PEOPLE OF THE STATE
OF ILLINOIS,
ox ret
LISA
MADIGAN,
AttorneyGeneral of the
State of
Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:_________________________
THOMAS
DAVIS,
Chief
Environmental
Bureau
Assistant Attorney General
KRISTEN
LAUGHRIDGE
500
South
Second Street
Springfield,
Illinois 62706
2-903 1
Dated:
.70/i, /øç
7
