BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BEHR IRON
&
STEEL, INC., an Illinois
Corporation,
Respondent.
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PCB No.
(Enforcement - Air)
NOTICE OF FILING
(VIA ELECTRONIC FILING)
TO:
See attached service list
PLEASE TAKE NOTICE that today, September 5, 2008, I have electronically
filed with the Office
of the Clerk of the Pollution Control Board a Complaint for Civil
Penalties, a
copy of which is attached and hereby served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
ex rei.
LISA MADIGAN, Attorney General
of the State of Illinois
BY:
o
NNICHOLEC
Assistant Attorney General
Environmental Bureau
69 W. Washington St.,
18
th
FIr.
Chicago, Illinois 60602
(312) 814-3532
Electronic Filing - Received, Clerk's Office, September 5, 2008
* * * * * PCB 2009-013 * * * * *
SERVICE LIST
Mr. Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
Jon S. Faletto
Hinshaw
&
Culbertson LLP
416
Main Street - 6th Floor
Peoria, IL 61602
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
ex rei.
LISA MADIGAN, Attorney General
of the State of Illinois,
Complainant,
v.
BEHR IRON
&
STEEL, INC., an Illinois
corporation,
Respondent.
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)
)
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)
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PCB No.
(Enforcement - Air)
COMPLAINT FOR CIVIL PENALTIES
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
ex rei.
LISA
MADIGAN, Attorney General
of the State of Illinois, on her own motion and at the
request
of the Illinois Environmental Protection Agency, complains of Respondent,
BEHR IRON
&
STEEL, INC., an Illinois corporation, as follows:
COUNT I
FAILURE TO OBTAIN CONSTRUCTION PERMIT
1.
This Complaint is brought on behalf of the People of the State of Illinois
ex reI.
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 ("Act"), 415 ILCS 5/31 (2006).
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 (2006), and charged,
inter alia,
with the duty of enforcing the Act.
..
3.
Respondent, BEHR IRON
&
STEEL, INC. ("Behr Iron"), is an'Illinois
corporation in good standing.
4.
Behr Iron owns a scrap metal processing facility that engages in the
purchase, sale, and processing
of non-ferrous metals. The metal processing facility is
operated by Behr Specialty Metals, an unincorporated division of Behr Iron, located at
208 Quaker Road in Rockford, Winnebago County, Illinois ("Facility").
5.
On December 6, 2004, the Illinois EPA inspected the Facility and
observed that the Respondent had been operating a Correco thermal rotary dryer, a solder
reclamation unit, and a brass sorting table.
6.
Prior to December 6,2004, on a date better known to Respondent, Behr
Iron constructed and operated the units identified in paragraph 5 without first obtaining
construction and operating permits from the Illinois EPA.
7.
On May 18,2005, the Illinois EPA received from the Respondent an
application for an operating permit that included one torit dust collector, one sweeco
separator, one Babbit refining pot, one foundry sand separator, a particulate vent room,
and one aeropulse
jet baghouse.
8.
Prior to May 18, 2005, on a date better known to Respondent, Behr Iron
constructed the units identified in paragraph 7 without first obtaining a construction
permit from the Illinois EPA.
9.
Upon information and belief, prior to May 18,2005, the Respondent
operated the units identified in paragraph 7 without first obtaining an operating permit
from the Illinois EPA.
10.
The Correco thermal rotary dryer, solder reclamation unit, brass sorting
2
-----~------------------,
table, torit dust collector, sweeco separator, Babbit refining pot, foundry sand separator,
and particulate vent room, located at the Facility emit, or are capable
of emitting,
particulate matter ("PM") to the atmosphere, and are capable
of causing or contributing to
air pollution.
11.
Section 3.315 of the Act, 415 ILCS 5/3.315 (2006), provides the following
definition:
"Person" is any individual, partnership, co-partnership, firm,
company, limited liability company, corporation, associate, joint
stock company, trust, estate, political subdivision, state agency, or
any other legal entity, or their legal representative, agent or
assIgns.
12.
Behr Iron is a "person" as that term is defined in Section 3.315
of the Act.
13.
Section 3.165 of the Act, 415 ILCS 5/3.165 (2006), contains the following
definition:
"Contaminant" is any solid, liquid, gaseous matter, any odor, or
any form
of energy, from whatever source.
14.
PM is a "contaminant" as that term is defined in Section 3.165 of the Act.
15.
Section 3.115 of the Act, 415 ILCS 5/3.115 (2006), provides 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
oflife or property.
16.
Section 201.102
of the Illinois Pollution Control Board (,'Board") Air
Pollution Regulations, 35 Ill. Adm. Code 201.102 (2006), provides the following
-definitions:
"Emission Source": any equipment or facility
of a type capable of
3
emitting specified air contaminants to the atmosphere.
"Air Pollution Control Equipment": any equipment or facility
of a
type intended to eliminate, prevent, reduce or control the emission
of specified air contaminants to the atmosphere.
"Construction": commencement
of on-site fabrication, erection or
installation
of an emission source or of air pollution control
equipment.
17.
The Correco thermal rotary dryer, solder reclamation unit, brass sorting
table, sweeco separator, Babbit refining pot, foundry sand separator, and particulate vent
room are each an "emission source" as that term is defined by Section 201.102
of the
Board Air Pollution Regulations.
18.
The aeropulse jet baghouse and torit dust collector located at the Facility
are "air pollution control equipment" as that term is defined by
S~ction
201.102 of the
Board Air Pollution Regulations.
19.
The installation of the Correco thermal rotary dryer, solder reclamation
unit, brass sorting table, sweeco separator, Babbit refining pot, foundry sand separator,
and particulate vent room (hereinafter, "the emission sources"), as well
as the aeropulse
jet baghouse and torit dust collector (hereinafter, "the air pollution control equipment"),
at the Facility constitute "construction"
as that term is defined by Section 201.102 of the
Board Air Pollution Regulations.
20.
Section 9(b)
of the Act, 415 ILCS
5/9(b)
(2006), provides 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
4
Agency, or in violation of any conditions imposed by such permit.
21.
Section 201.142 of the Board Air Pollution Regulations, 35 Ill. Adm.
Code
201.142 (2004), provides the following:
Construction Permit Required
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
III
Sections
[sic]
201.146 or Section 20 1.170(b) of this Part. .
22.
By failing to obtain a construction permit from the Illinois EPA prior to
the construction
of the emission sources and the air pollution control equipment at the
. Facility, Behr Iron violated Section 9(b) of the Act and Section 201.142 of the Board Air
Pollution Regulations.
WHEREFORE, Complainant, PEOPLE OF THE STATE
OF ILLINOIS,
respectfully requests that the Board enter an order in favor
of Complainant and against
Respondent, BEHR IRON
&
STEEL, INC., for the following relief:
1.
Authorizing a hearing in this matter at which time Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent violated Section 9(b) of the Act and Section
201.142
of the Board Air Pollution Regulations;
3.
Ordering Respondent to cease and desist from any further violations of
Section 9(b) of the Act and Section 201.142 of the Board Air Pollution Regulations;
4.
Assessing civil penalties pursuant to Section 42(a) of the Act, 415 ILCS
5/42(a) (2006),
of Fifty Thousand Dollars ($50,000.00) against Respondent for each
violation and Ten Thousand Dollars ($10,000.00) for each day
of violation;
5
5. 0 Assessing all costs against Respondent pursuant to Section 42(f) of the
Act, 415 ILCS 5/42(f) (2006), including expert witness, consultant and attorney's fees;
and
6.
Granting such other relief as the Board deems appropriate.
COUNT
II
FAILURE TO OBTAIN OPERATING PERMIT
1-21. Complainant realleges and incorporates by reference herein paragraphs 1
through
21 of Count I as paragraphs 1 through 21 ofthis Count II.
22.
Section 201.143 of the Board Air Pollution Regulations, 35 Ill. Adm.
Code 201.143 (2006), provides the following:
Operating Permits For New Sources
No person shall cause or allow the operation
of any new emission
source or new air pollution control equipment
of a type for which a
construction permit is required by Section
201.147 without first
obtaining an operating permit from the Agency, except for such
testing operations as may be authorized by the construction permit.
Applications for operating permits shall
be made at such times and
contain such information (in addition to the information required
by Section 201.
1'57) as shall be specified in the construction
permit.
23.
The emission sources and the air pollution control equipment at the
Facility required a construction permit pursuant to Section 201.142
of the Board Air
Pollution Regulations.
24.
By failing to obtain an operating permit from the Illinois EPA prior to the
operation
of the emission sources and the air pollution control equipment, Behr Iron
violated Section 9(b)
of the Act and Section 201.143 of the Board Air Pollution
Regulations.
6
Electronic Filing - Received, Clerk's Office, September 5, 2008
* * * * * PCB 2009-013 * * * * *
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor
of Complainant and against
Respondent,
BEHR IRON
&
STEEL, INC., for the following relief:
1.
Authorizing a hearing in this matter at which time Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent violated Section 9(b) of the Act and Section
201.143
of the Board Air Pollution Regulations;
3.
Ordering Respondent to cease and desist from any further violations of
.Section 9(b) of the Act and Section 201.143 of the Board Air Pollution Regulations;
4.
Assessing civil penalties pursuant to Section 42(a) of the Act, 415 ILCS
5/42(a) (2006),
of Fifty Thousand Dollars ($50,000.00) against Respondent for each
violation and Ten Thousand Dollars ($10,000.00) for each day of violation;
5.
Assessing all costs against Respondent pursuant to Section 42(f) of the
.
Act, 415 ILCS 5/42(f) (2006), including expert witness, consultant and attorney's fees;
and
6.
Granting such other relief as the Board deems appropriate.
COUNT III
FAILURE TO SUBMIT COMPLETE AND ACCURATE
ANNUAL EMISSION REPORTS
1-19. Complainant realleges and incorporates by reference herein paragraphs 1
through
19 of Count I as paragraphs 1 through 19 of this Count III.
20.
Since at least December
6, 2004 to the present, Behr Iron has not
submitted to the Illinois EPA complete and accurate annual emission reports ("AERs")
that document emissions generated by the unpermitted emission sources and air pollution
7
Electronic Filing - Received, Clerk's Office, September 5, 2008
* * * * * PCB 2009-013 * * * * *
control equipment.
21.
Section 9(a)
of the Act, 415 ILCS 5/9(a) (2006), provides as follows:
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;
22.
Section 201.102
of the Board Air Pollution Regulations, 35 Ill. Adm.
Code 201.102 (2006), provides the following definition:
"Owner or Operator": any person who owns, leases, controls or
supervises an emission source or air pollution control equipment.
23.
Behr Iron is an "owner or operator"
of emission sources and air pollution
control equipment as those terms are defined in Section 201.102
of the Board Air
Pollution Regulations.
24.
Section 201.302(a)
of Board Air Pollution Regulations, 35 Ill. Adm. Code
201.302(a) (2006), provides the following:
The owner or operator
of any emission unit or air pollution control
equipment, unless specifically exempted in 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 where necessary to
accomplish the purposes
of the Act and this Chapter.
25.
By failing to timely submit complete and accurate annual AERs to the
Illinois EPA, Behr Iron violated Section 9(a)
of the Act and Section 201.302 of the Board
Air Pollution Regulations.
WHEREFORE, Complainant, PEOPLE OF THE 'STATE OF ILLINOIS,
8
respectfully requests that the Board enter an order in favor of Complainant and against
Respondent, BEHR IRON
&
STEEL, INC., for the following relief:
1.
Authorizing a hearing in this matter at which time Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent violated Section 9(a) of the Act and Section
201.302 ofthe Board Air Pollution Regulations;
3.
Ordering Respondent to cease and desist from any further violations of
Section 9(a) ofthe Act and Section 201.302 of the Board Air Pollution Regulations;
4.
Assessing civil penalties pursuant
to Section 42(a) of the Act, 415 ILCS
5/42(a) (2006),
of Fifty Thousand Dollars ($50,000:00) against Respondent for each
violation and Ten Thousand Dollars ($10,00'0.00) for each day
of violation;
5.
Assessing all costs against Respondent pursuant to Section 42(f) of the
Act,
415 ILCS 5/42(f) (2006), including expert witness, consultant and attorney's fees;
and
6.
Granting such other relief as the Board deems appropriate.
COUNT IV
FAILURE TO SUBMIT SITE-SPECIFIC TEST PLANS AND CONDUCT
PERFORMANCE TESTING PURSUANT TO NESHAP
1-4.
Complainant realleges and incorporates by reference herein paragraphs 1
through 4
of Count I as paragraphs 1 through 4 of this Count IV.
5.
On December 27, 1999, the Illinois EPA issued to the Respondent
construction permit number 99090077. and revised lifetime operating permit number
85030079 allowing the construction and operation
of one aluminum sweat furnace with
an afterburner and one holding furnace.
9
6.
From some time in the year 2000 through December 2, 2004, Behr Iron
operated the aluminum sweat furnace with an after burner to facilitate scrap aluminum
melting operations and the production
of cast aluminum.
7.
Pursuant to Section 112 of the federal Clean Air Act ("CAA"), 42 U.S.C.
§ 7412, the U.S. EPA promulgated National Emissions Standards for Hazardous Air
Pollutants ("NESHAP") for new and existing sources at secondary aluminum production
facilities, 40 C.F.R. Part 63, Subpart RRR, (hereinafter, "NESHAP for secondary
aluminum production")
requiring that secondary aluminum production facilities meet
emission standards reflecting the application of maximum achievable control technology
("MACT").
8.,
Section 9.1 (d)(1) of the Act, 415 ILCS 5/9.1 (d)(1 ) (2006), provides as
follows:
(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 thereto;
9-10. Complainant realleges and incorporates by reference herein paragraphs
11
and 12 of Count I as paragraphs 9 and 10 of this Count IV.
11.
Section 63.1503 of the NESHAP for secondary aluminum production, 40
C.F.R. § 63.1503, provides the following definitions:
Dioxins and furans
means tetra-, penta-, hexa-, and octachlorinated
dibenzo dioxins and furans.
Emission unit
means a group 1 furnace or in-line fluxer at a
secondary aluminum production facility.
Group one furnace
means a furnace of any design that melts, holds,
or processes aluminum that contains paint, lubricants, coatings, or
10
other foreign materials with or without reactive fluxing, or processes
clean charge with reactive fluxing.
PM
means, for the purposes of this subpart, emissions of particulate
matter that serve as a measure
of total particulate emissions and as a
surrogate for metal HAPs contained in the particulates, including but
not limited to, antimony, arsenic, beryllium, cadmium, chromium,
cobalt, lead, manganese, mercury, nickel, and selenium.
Secondary aluminum production facility
means any establishment
using clean charge, aluminum scrap, or dross. from aluminum
production,
as the raw material and performing one or more of the
following processes:
... furnace operations (i.e., melting, holding,
sweating, refining, fluxing, or alloying)
....
Sweat furnace
means a furnace used exclusively to reclaim
aluminum from scrap that contains substantial quantities
of iron by
using heat to separate the low-melting point aluminum from the
scrap while the higher melting-point iron remains in solid form.
12.
Section 63.2 of the NESHAP for secondary aluminum production, 40
C.F.R. § 63.2, provides the following definitions:
Owner or operator
means any person who owns, leases, operates,
controls, or supervises a stationary source.
Stationary source
means any building, structure, facility, or
installation which emits or may emit any air pollutant.
Area source
means any stationary source
of hazardous air pollutants
that is not a major source
as defined in this part.
New source
means any affected source the construction or
reconstruction
of which is commenced after the Administrator first
proposes a relevant emission standard under this part establishing an
emission standard applicable
to such source.
Hazardous air pollutant
means any air pollutant listed in or pursuant
to section 112(b) of the Act.
Major source
means any stationary source or group
of stationary
sources located within a contiguous area and under common control
that emits or has the potential to emit considering controls, in the
aggregate,
10 tons per year or more of any hazardous air pollutant or
25 tons per year or more of any combination of hazardous air
II
pollutants, unless the Administrator establishes a lesser quantity, or .
in the case of radionuclides, different criteria from those specified in
this sentence.
Affected source,
for the purposes
of this part, means the collection of
equipment, activities, or both within a single contiguous area and
under common control that is included in a section 112(c) source
category or subcategory for which a section 112(d) standard or other
relevant standard is established pursuant to section 112
ofthe Act. ..
13.
Section 63.1500 of the NESHAP for secondary aluminum production, 40
C.F.R. § 63.1500, provides, in pertinent part,
as follows:
(a)
The requirements
of this subpart apply to the owner or
operator
of each secondary aluminum production facility as
defined in § 63.1503.
*
**
(c)
The requirements of this subpart pertaining to dioxin and
furan (D/F) emissions and associated operating, monitoring,
reporting, and recordkeeping requirements apply
to the following
affected sources, located at a secondary aluminum production
facility that is an area source
of HAPs as defined in §63.2:
*
**
(3)
Each new and existing sweat furnace;
14.
Behr Iron is the "owner or operator" of a "secondary aluminum production
facility" that utilized a sweat furnace, constructed after February 11, 1999,
to facilitate
aluminum melting operations using raw materials that include
aluminUm scrap.
15.
The aluminum sweat furnace operated at the Facility was an "emission
unit" that emitted particulate matter
("PM")
and dioxin and furan ("D/F") emissions.
16.
While the aluminum sweat furnace was operated, the Facility was an "area
source"
of hazardous air pollutants.
17.
Upon information and belief, the aluminum sweat furnace was a "new
12
affected source."
18.
Section 63.1511(a)
&
(b) of the NESHAP for secondary aluminum
production, 40 C.F.R.
§§ 63.1511(a)
&
(b), provides as follows:
(a)
Site-specific test plan. Prior to conducting any perfonnance
test required by this subpart, the owner or operator must prepare a
site-specific test plan which satisfies all of the requirements, and
must obtain approval of the plan pursuant to the procedures, set
forth in § 63.7(c).
(b)
Initial perfonnance test. Following approval
of the site-
specific test plan, the owner or operator must demonstrate initial
compliance with each applicable emission, equipment, work
practice, or operational standard for each affected source
and
emission unit, and report the results in the notification of
compliance status report as described in § 63.1515(b). The owner
or operator of any existing affected source for which an initial
perfonnance test is required to demonstrate compliance must
conduct this initial perfonnance test no later than
the date for
compliance established by § 63.1501(a). The owner or operator of
any new affected source for which an initial perfonnance test is
required must conduct this initial perfonnance test within 90 days
after the date for compliance established
by § 63.1501 (b). Except
for the date by which the perfonnance test must be conducted, the
owner or operator must conduct each perfonnance
.test in
accordance with the requirements and procedures set forth in
§
63.7(c). Owners or operators of affected sources located at
facilities which are area sources are subject only to those
perfonnance testing requirements pertaining to D/F. Owners or
operators
of sweat furnaces meeting the specifications of §
63.1505(f)(1) are not required to conduct a perfonnance test.
19.
Section 63.1501(b)
ofthe NESHAP for secondary aluminum production,
40 C.F.R.
§ 63.1501(b), provides, in pertinent part, as follows:
The owner or operator
of a new affected source that commences
construction or reconstruction after February 11, 1999 must
comply with the requirements
of this subpart by March 23,2000 or
upon startup, whichever is later.
20.
As a new affected source, Behr Iron was required to submit a site-specific
test plan and conduct perfonnance testing within 90 days after the March 23, 2000
13
compliance deadline.
21.
By failing to submit a site-specific test plan and conduct performance
,
testing by the deadlines established in Sections 63.1511(a) & (b) and 63.1501(b) ofthe
NESHAP, Behr Iron violated Section 9.1(d)(I) of the Act and Sections 63.1511(a)
&
(b)
and 63.1501(b)
of the NESHAP for secondary aluminum production.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor
of Complainant and against
Respondent, BEHR IRON
&
STEEL, INC., for the following relief:
1.
Authorizing a hearing in this matter at which time Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent violated Section 9.1(d)(I) of the Act and Sections
63.1511(a)
&
(b) and 63.1501(b) of the NESHAP for secondary aluminum production;
3.
Ordering Respondent to cease and desist from any further violations of
Section 9.1(d)(1) ofthe Act and Sections 63.1511(a)
&
(b) and 63.1501(b) ofthe
NESHAP for secondary aluminum production;
4.
Assessing civil penalties pursuant to Section 42(a) of the Act, 415 ILCS
I
5/42(a) (2006), of Fifty Thousand Dollars ($50,000.00) against Respondent for each
violation and Ten Thousand Dollars ($10,000.00) for each day
of violation;
5.
Assessing all costs against Respondent pursuant to Section 42(f) ofthe
Act, 415 ILCS 5/42(f) (2006), including expert witness, consultant and attorney's fees;
and
6.
Granting such other relief as the Board deems appropriate.
COUNT V
14
FAILURE TO SUBMIT NOTICE OF COMPLIANCE STATUS REPORT
PURSUANT TO NESHAP
1-20. Complainant realleges and incorporates by reference herein paragraphs 1
through 20
of Count IV as paragraphs 1 through 20 of this Count V.
21.
Section 63.1515(b)
of the NESHAP for secondary aluminum production,
40 CFR § 63.1515(b), provides, in pertinent part, as follows:
Notification
of compliance status report.... Each owner or
operator of a new affected source must submit a notification of
compliance status report within 90 days after conducting the initial
performance test required
by § 63 .1511 (b), or within 90 days after
the compliance date established by § 63.1501(b) if no initial
performance test is required
....
22.
Behr Iron's notification of compliance status was due to the Illinois EPA
,
90 days after conducting the initial performance test required by Section 63 .1511 (b) of
the NESHAP for secondary aluminum production.
23.
Behr Iron did not submit a notification
of compliance status report to the
Illinois EPA.
24.
By failing to submit a notification of compliance status report to the
Illinois EPA, Behr Iron violated Section 9.1(d)(1)
of the Act and Section 63.1515(b) of
the NESHAP for secondary aluminum production.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor
of Complainant and against
Respondent, BEHR IRON & STEEL, INC., for the following relief:
1.
Authorizing a hearing in this matter at which time Respondent will be
required to answer the allegations herein;
2.
Finding that Respondent violated Section 9.1(d)(1)
of the Act and Section
15
63.1515(b) of the NESHAP for secondary aluminum production;
3.
Ordering Respondent to cease and desist from any further violations of
Section 9.1(d)(I) of the Act and Section 9.1(d)(I) ofthe Act and Section 63.1515(b) of
the NESHAP for secondary aluminum production;
4.
Assessing civil penalties pursuant to Section 42(a) of the Act, 415 ILCS
5/42(a) (2006), of Fifty Thousand Dollars ($50,000.00) against Respondent for each
violation and Ten Thousand Dollars ($10,000.00) for each day of violation;
5.
Assessing all costs against Respondent pursuant to Section 42(f) of the
Act, 415 ILCS 5/42{f) (2006), including expert witness, consultant and attorney's fees;
and
6.
Granting such other relief as the Board deems appropriate.
PEOPLE OF THE STATE OF ILLINOIS,
ex rei.
LISA MADIGAN, Attorney
General
of the State of Illinois
OfCounsei:
L. NICHOLE CUNNINGHAM
Assistant Attorney General
Environmental Bureau
69 W. Washington, Suite 1800
Chicago, Illinois 60602
(312) 814-3532
By:
MATTHEW J. DUNN,
Chief
Environmental Enforcement!
Asbestos Litigation Division
~
~C1
.
R~CAzEAU,C
Environmental Bureau
Assistant Attorney General
16
CERTIFICATE OF SERVICE
I, Lorren Nichole Cunningham, Assistant Attorney General, do certify that on the
5
th
day of September, 2008, I caused to be served upon Respondent Behr Iron
&
Steel,
Inc., the foregoing Complaint for Civil Penalties and Notice of Filing by depositing the
same at the United States Postal Service facility located at 100 W. Randolph, Chicago,
Illinois.
LORREN NICHOLE C
Assistant Attorney General
Environmental Bureau
69
W. Washington St., 18
th
FIr.
Chicago, Illinois 60602
(312) 814-3532
