•
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
•
FEBO12005
PEOPLE OF THE STATE OF ILLINOIS,
S
STATE
OF ILLINOIS
Complainant,
)
PoIIut~on
Control
Board
-vs-
)
(Enforcement
-
Air)
CONCRETE SPECIALTIES
CO.,
an
Illinois corporation,
Respondent.
NOTICE OF FILING
TO:
Ms. Maria
S.
Pugliese
James Nondorf
Attorney for Respondent
Registered Agent
Baker
& McKenzie
.
Concrete Specialties Co.
100
E.
Randolph Drive
1375 Gifford Road
Chicago,
Illinois 60601
Elgin,
IL 60120
PLEASE TAKE NOTICE that we have
today,
February
1,
2005 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
General of the State
of
I
in is
BY:__
Mitchell
L.
Cohen
Assistant Attorney General
Environmental Bureau
188 West Randolph,
20th
Floor
Chicago,
IL 60601
(312)
814-5282
THIS FILING IS SUBMITTED ON RECYCLED PAPER
•
S
CLERK’S OFFICE
FEB
012005
BEFORE
THE
ILLINOIS
POLLUTION CONTROL BOARSTATEOF
ILLINOIS
Pollution Control Board
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
by LISA
MADIGAN,
Attorney
General of the State of Illinois,
•
.
Complainant,
)
S
PCB No._________
v.
)
(Enforcement
-
Air)
CONCRETE SPECIALTIES CO.,
an
Illinois corporation,
Respondent.
COMPLAINT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN, Attorney General of the State of Illinois,
complains of
Respondent, CONCRETE SPECIALTIES CO.,
an Illinois corporation,
as
follows:
S
COUNT
I
CONSTRUCTION
OF EMISSION
SOURCES WITHOUT A PERMIT
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 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,
established by Section 4 of the Act,
415 ILCS
1
5/4
(2002), and is charged,
inter alia,
with the duty of
enforcing the Act,
and regulations promulgated. by the Illinois
Pollution Control Board
(“Board”)
3.
At all times relevant to this complaint,
Respondent
CONCRETE SPECIALTIES CO.,
is and was an Illinois corporation duly
authorized to transact business in the State of Illinois.
4.
At all times relevant to this complaint, Respondent
is
and was the owner and operator of a àoncrete product
manufacturing facility located at 1375 Gifford Road,
Elgin, Cook
County,
Illinois
(“Facility”
or
“Site”)
.
Cook County is
classified pursuant to the federal Clean Air. Act,
42 U.S.C~ 7401
et
seq.,
as a ‘severe ozone nonattainment area’.
5.
The facility uses mold release compounds that are
blends of water,
surfactants,
and aliphatic hydrocarbons.
The
compounds are used to prevent adherence of concrete to parts of
the mold during curing/drying.
Volatile organic material
(VOM)
emissions result from.evaporation of available hydrocarbons
contained in the compounds.
6.
Section 3.2.6 of the Act,
415 ILCS 5/3.26
(2002),
provides,
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.
.
7.
Respondent,
an Illinois corporation,
is a “person” as
2
that term is defined in Section 3.26 of the Act,
415 ILCS 5/3.26
(2002)
.
8.
Section 201.102 of the Board regulations,
35
Ill. Adm.
Code 201.102,
provides,
in pertinent part,
as follows:
“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.
9.
Respondent manufactures concrete manholes, pipe,
and
similar products at its facility and has done so since
approximately 1997,
an exact date better known to Respondent.
Respondent’s storage piles,
storage bins,
cement bins,
conveyors,
mixers,
mold.release
compound,, and gas steamer at the facility
are “emission sources”
and
“new emission sourceEs”
as those
terms are defined in 35
Ill. Adm.
Code 201.102.
10.
Section 3.02 of the Act,
415
ILCS 5/3.02
(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.
11.
Section 3.06 of the Act,
415 ILCS 5/3.06
(2002),
provides,
as follows:
“CONTAMINANT”
is any solid,
liquid,
gaseous matter,
any
odor,
or any form of energy,
from whatever source.
3
12.
Since 1997,
Respondent has had the potential to emit in
excess of 25 tons of VOM per year,
the threshold for major
sources
in the Chicago nonattainmentarea.
VOM is a
“contaminant” as that term is defined in Section 3.06 of the Act,
415 ILCS 5/3.06
(2002)
13.
VOM is injurious to human health and to the atmosphere;
therefore,
Respondent
is capable of causing or contributing to
air pollution.
14.
Since
1997,
the exact date better known to Respondent,
to the time of the filing of this Complaint,
Respondent has
operated its facility.
15.
Section
9 of the Act,
415 ILCS 5/9
(2002),
provides,
in
pertinent part,
as follows:
.
No person shall:
*
*
*
(b)
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;
16.
Section 201.142 of the Board regulations,
35
Ill. Adm.
Code 201.142, provides,
as follows:
No person shall
cause or allow the construction of any
new emission source or any new air pollution control
equipment,
or cause or allow the modification of any
existing emission source or air pollution control
equipment,
without first obtaining a construction
permit from the Agency, except
as provided in Section
4
201.146.
17.
Beginning in 1997,
the exact date better known to
Respondent,
and continuing to a date better known to Respondent,
Respondent commenced and’completed construction of emissions
sources at the Site without first applying for and obtaining a
construction permit from the
Illinois EPA.
Respondent has
thereby violated Section 9(b)
of the Act,
415 ILCS 5/9(b)
(2002),
and’35
Ill. Adm.
Code 201.142.
WHEREFORE,
Complainant,
PEOPLE OF’THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against the Respondent,
CONCRETE SPECIALTIES CO.,
on Count
I:
,
•
1.
Authorizing a hearing in this matter,
at which time the
Respondent will be required to answer the allegations herein;
2.
Finding that the Respondent has violated Section 9(b)
of the Act and 35
.111.
Adm.
Code 201.142;’
3.
Ordering the Respondent
to cease and desist from any
further violation of Section
9,(b)
of the Act and 35
Ill.
Adm.
Code 201.142;
5
,
4.
Assessing against”the Respondent a civil penalty of
Fifty Thousand Dollars
($50,000.00)
for each violation of the Act
and.pertinent regulations,
and an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent to pay all costs,
including
5
• attorney,
expert witness and consultant fees expended by the
State in its pursuit of this action; and
6.
Granting such ‘other relief as the Board deems
appropriate and just.
COUNT II
OPERATION
OF EMISSION SOURCES WITHOUT A PERMIT
1-15.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 15 of Count
I
as paragraphs
1 through
.15 of this Count
II.
16.
•
Section 201.143
of the Board regulations,
35
Ill. Adm.
Code 201.143, provides,
as follows:
•
No person shall cause or allow the operation of any new
emission source or any 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.
17.
Since the date of first installation in 1997,
the exact
date known to Respondent, Respondent has operated one or more
emissions sources at the Site without first applying for and,
obtaining a operating permit from the Illinois
EPA.
The
Respondent has thereby violated Section 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 in
favor of Complainant and against the Respondent,
CONCRETE
6
SPECIALTIES
CO.,
on Count
II:
1.
Authorizing a hearing in this matter,
at which time the
Respondent will be required to answer the allegations herein;
2.
Finding that the Respondent hasviolated
Section 9(b)
of the Act and 35
Ill. Adm.
Code 201.143;
3.
Ordering the Respondent to cease and desist from~any
further violation
of Section 9(b)
•of the Act and 35 Ill.
Acim.
Code 201.143;
4.
Assessing against the Respondent a civil penalty of
Fifty Thousand Dollars
($50,000.00)
for each violation of the Act
and pertinent regulations,
and an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent 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 the Board deems
appropriate and just.
COUNT III
OPERATING A MAJOR STATIONARY SOURCE WITHOUT A CA~PP PERMIT
1-14.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 14
of Count
II as paragraphs
1
through 14 of this
Count’ III.
15.
Section 39.5(1)
of the Act,
415 ILCS 5/39.5(1)
(2002),
provides,
in pertinent part,
as follows:
7
“CAAPP”
means the Clean Air Act Permit Program
developed pursuant to Title V of the Clean Air Act.
“CAAPP permit”
.
.
.
means any permit issued,
renewed,
amended,
modified,
or revised pursuant to Title V of
the Clean Air Act.
“CAAPP
Source”
means. any source for which the owner or
operator’is required to obtain a CAAPP permit p.ursuant
to subsection
2 of this Section.
“Owner or operator” means any person who owns,
leases,
operates,
controls,
or superviâes a stationary source.
“Source” means any stationary source
(or any group of
stationary sources
that’ are located on one or more
contiguous
or adjacent properties, and are under common
control)
belonging to a single major industrial
grouping.
.
.
“Stationary Source” means any building,
structure,
facility,
or installation that emits or may emit any
regulated ‘air pollutant
.
“Regulated Air Pollutant” means the following:
1.
Nitrogen oxides
(No~) or any volatile organic
compound
.
16.
Section 39.5 of the Act,
415 ILCS 5/39.5
(2002),
provides,
in pertinent part,
as follows:
6.
Prohibition
*
*
*
b.
After the applicable CAAPP permit or renewal
application submittal date,
as specified in
Subsection
5 of this Section, no person shall
operate a CAAPP source without a CAAPP permit
unless the complete CAAPP permit or renewal’
•
application for such source has been timely
submitted to the Agency.
17.
Section 39.5(2)
of the Act,
415 ILCS 5/39.5(2) (2002),
provides in pertinent part,
as
follows.:
8
1.
Sources subject to this Section shall
include:
1.
Any major source
as defined in paragraph
c)
of this subsection.
*
*
S
•
*
c.
For purposes of this Section the term “major
source” means any source that ~s:
*
*
S
*
iii. A major stationary source as defined in part
D
of’ Title
I
of the Clean Air Act including:
A.
For ozone nonattainment areas,
sources
with the potential. to emit
100 tons or
more per year of volatile organic
compounds or oxides of nitrogen in areas
classified as “marginal”
or
.
.
.
to
emit 25 tons or more per year in areas
classified as severe
.
18.
Respondent’s facility,
located in a severe ozone
nonattainment area, has the potential
to emit over 25 tons per
year of VOM
,
and is a “major stationary source”
as that term is
defined in Section 39.5(2)
of the Act, 415 ILCS 5/39.5(2) (2002),
and therefore also a “CAAPP source” as defined in Section 39.5(1)
of the Act,
415 ILCS 5/39.5(1) (2002).
19.
Respondent owns and operates the emissiOn sources
at
the Site,
and thOrefore is the “owner and operator” of.
“CAAPP source”
as those terms are defined in Section 39.5(1)
of
the act, 415 ILCS 5/39.5(1) (2002).
20.
Section .39.5(5)
of the Act,
415 ILCS 5/39.5(5) (2002),
provides in pertinent part,
as follows:
S
x.
The owner or operator of
a new CAAPP source shall
9
submit its complete CAAPP application consistent
with this subsection within 12 months after
commencing operation of such source.
The owner or
operator of an existing source that has been
excluded from the provisions of this Section under
subsection 1.1 or subsection 3(c)
of this Section
and that becomes subject to the CAAPP solely due
to a change in operation at the source shall
submit its complete CAAPP application consistent
with this subsection at least
1,80 days before
•
commencing operation in accordance with the change
in operation.
21.
Respondent began operation of emissions sources
at the
Site in 1997,
and was required to file a CAAPP permit application
or an application for a Federally Enforceable State Operating
Permit
(FE’SOP)
seeking an exclusion from the CA1~PPpermit no
later than
12 months after beginning operation of the source.
However, Respondent did not submit a FESOP application to
Illinois EPA until December
9,
2003 and continues,
as of the date
of the filing of this complaint,
to operate without the required
permit.
22.
By failing to submit its application for a CAAPP permit
within
12 months after beginning operation of the source,
the
Respondent violated Section’39.5(6) (b)
of the Act,
5/39.5(6) (b) (2002).
5
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against the Respondent,
CONCRETE SPECIALTIES CO.,
on Count III:
10
1.
Authorizing a hearing in this matter,
at which time the
Respondent will be required to ahswer the allegations herein;
2.
Finding that the Respondent has violated Section
39.5(6) (b)
of the Act;
3.
Ordering the Respondent to cease and desist from any
further violation
of
Section, 39.5(6) (b)
of the Act;
4.
Assessing against the Respondent a civil penalty of
Fifty Thousand Dollars
($50,000.00,)’ for each violation of the
Act,
and an additional civil penalty of Ten Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent
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 the Board deems
appropriate and just.
COUNT IV
VIOLATION
OF NEW SOURCE REVIEW
•
1-14.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 14 of Count
III as paragraphs
1
through 14 of this Count
IV.
15.
Section
9 of the Act,
415 ILCS 5/9
(2002),
provides,
in
pertinent part,
as follows:
11
,,
H
No person shall:
*
*
*
(a)
Cause or threaten to allow the discharge of any
contaminant into the environment in any state
so
as to cause or tend to cause air pollution in
• Illinois,
or so as to violate regulations or
standards,
adopted by the Board under this Act;
16.
Pursuant to authority granted under the Act,
the
Board has promulgated standards applicable to major stationary
sources of contaminants,
at
35
Ill. Adm.
Code,
Part 203
(“Board
Major Source regulations”)
17.
Section 203.201 of the Board Major Source regulations,
35
Ill. Adm.
Code 203.201, provides,
in pertinent part,
as
follows:
In any nonattainment
area,
no person shall cause or
allow the construction of a new major stationary source
or major modification that’is major for the pollutant
‘for which the area is designated a nonattainment area,
except as in compliance,with the part for that
pollutant.
In areas designated nonattainment for
ozone,
this prohibition shall apply to new major
stationary sources or major modifications of sources
that emit volatile organic materials or Nitrogen
Oxides.
*•
*
*
18.
During the year 1997,
the exact date known to
Respondent,
Respondent commenced construction of emission sources
at the Site,
a new major source in the Chicago nonattainment
area,
without’ first having applied for and obtained
a
construction permit from Illinois EPA.
Respondent thereby
12
violated Section 203.201
‘of the Board Major Source regulations,
•and thereby also violated Section 9(a)
of the Act,
415 ILCS
5/9(a)
(2002), and 35
Ill. Adm.
Code 203.201.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against the Respondent,
CONCRETE SPECIALTIES,
CO., on Count
IV:
‘1.
Authorizing a hearing in this matter,
at which time the
Respondent will be required to answer the allegations herein;
2.
Finding that the Respondent
has’ violated Section 9(a)
Of the Act,
and 35
Ill.
Adm.
Code Section 203.201;
3.
Ordering the Respondent to cease and desist from any
further violation of Section 9(a)
of the Act and 35
Ill. Adm.
Code Section 203.201;
4.
Assessing against the Respondent a civil penalty of
Fifty Thousand Dollars
($50,000.00)
for each, violation of the Act
and pertinent regulations,
and. an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent 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 the Board deems
appropriate and just.
13
COUNT V
FAILURE TO TIMELY SUBMIT
COMPLETE AND ACCURATE ANNUAL EMISSION REPORTS
1-15.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 15
of Count
IV as paragraphs
1
through 15 of this Count V.
16.
Section 201.302(a)
of the Board Air Pollution
Regulations,
35
Ill.
Adm.
Code 201.302 (a), provides as follows:
(a)
The owner or operator of any emissiOn unit or air
pollution control equipment,
unless specifically
exempted under 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
if necessary to
accomplish the purposes of this Act and this
Chapter.
17.
Section 254.132(a)
of the Board Air Pollution
Regulations,
35
Ill. Adm.
Code 254.132 (a), provides 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 violation of
this Part and 35
Ill. Adm.
Code 201.302(a).
18.
Respondent ‘failed to timely submit complete and
accurate Annual Emissions Reports
(“AER5”)
to the Illinois EPA
for calendar years 1997 through 2002.
Respondent did not submit
AER5 containing the required information until December
9,
2003.
14’
19.
By failing to timely submit complete and accurate AERs
for years 1997 to 2002,
Respondent has violated Section 9(a)
of
the Act,
415 ILCS 5/9(a)
(2002), and Sections 201.302(a)
and
254.132(a)
Of the Board Air Pollution Regulations,
35
Ill.
Adm.
Code 201.302(a)
and 254.132(a).
WHEREFORE,
Complainant,
the PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests the Board find in favor of the Complainant
and against Respondent,
CONCRETE SPECIALTIE.S
CO..,
on this Count V
and enter an order:
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein;
2’.
Finding that Respondent has violated Section 9(a)
of
the Act,
35
Ill. Adm.
Code 20l~302(a), and 35
Ill. Adm. Code
254.132(a);
‘
3.
Ordering Respondent
to cease and desist from further
violations of Section 9(a)
of the Act,
35
Ill.
Adm.
Code
201.302(a), and 35
Ill. Adm.
Code 254.132(a);
•
4.
Assessing against the Respondent
a civil penalty of
Fifty Thousand Dollars
($50,000.00)
for each violation of the Act
and pertinent regulations,
with an additional’ penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent
to pay all costs,
including
15
,
.
attorney,
expert witness and consultant fees expended by the
State in its pursuit of this action; and
6.
Granting such other relief as the Board deems
appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN,
Attorney General of the’State
of Illinois
MATTHEW J. DUNN,
Chief
Environmental Enforcement/
sbestos Litigation Division
BY~
~
~
(I2~
ROSEMARIE CAZEAUI
C4~iief
Environmental Bureau
Assistant Attorney General
OF COUNSEL:
.
MITCHELL L.
COHEN
Assistant Attorney General
Environmental Bureau
188 W.
Randolph Street,
20th Floor
,
Chicago,
IL
60601
(312)814-5282
16
•
CERTIFICATE
‘OF SERVICE
•
I, MITCHELL
L.
COHEN,
an Assistant Attorney General,
do certify
that
I caused to be mailed this
1ST
day of February,
2005,
the
foregoing COMPLAINT and NOTICE OF FILING .upon the persons listed ‘on
said NOTICE by Certified Mail.
MITCHELL
L., COHEN
