OCt
OFFICE
OF THE ATTORNEY
GENERAL S7
8
STATE
OF ILLINOIS
Poiit
0
Lisa
Madigan
ATTORNEY GENERAL
October
17, 2008
John
T.
Therriault,
Assistant
Clerk
Illinois
Pollution Control
Board
James R. Thompson
Center, Ste.
11-500
100 West
Randolph
Chicago,
Illinois 60601
Re:
People v. Richard
King,
Kay
King and
Isaac King
Dear Clerk:
Enclosed
for filing
please find
the
original
and
ten copies of
a Notice of Filing,
Entry
of
Appearance and Complaint
in regard
to the above-captioned
matter.
Please file
the originals
and
return file-stamped
copies
to me in the enclosed,
self-addressed
envelope.
Thank
you
for
your cooperation
and
consideration.
Very truly
yours,
Andrew
J.
icholas
Environmental
Bureau
500 South
Second
Street
Springfield,
Illinois
62706
(217)
782-9031
AJN/pk
Enclosures
500 South
Second
Street, Springfield, Illinois
62706 • (217)
782-1090 • TT’Y:
(877) 844-5461 • Fax:
(217)
782-7046
100 West
Randolph
Street,
Chicago, Illinois
60601
• (312)
814-3000
• TTY:
(800)
964-3013
• Fax:
(312)
814-3806
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE
OF THE STATE OF
)
ILLINOIS,
)
Complainant,
vs.
)
PCBNo.
Di
)
(Enforcement)
RICHARD
KING, KAY KING and
)
ISAAC KING,
)
Respondents.
ECEuVED
CLERK’S
OFFICE
NOTICE OF FILING
OCT
222008
To:
Christine Zeman
Hodge Dwyer Zeman
STATE
OF
ILLINOIS
3150 Roland Avenue
Pollution
Control
Board
P.O. Box 5776
Springfield, IL 62705-5776
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk
of the Pollution
Control
Board of the State of Illinois, a COMPLAINT, a
copy
of which is attached
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 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.
1
FURTHER,
please take
notice
that
financing may
be available, through
the Illinois
Environmental
Facilities
Financing Act,
20 ILCS 351 5/1
(2006), to correct
the
pollution
alleged
in
the
Complaint
filed in this case.
Respectfully
submitted,
PEOPLE
OF THE STATE
OF ILLINOIS
LISA MADIGAN,
Attorney
General of
the
State
of Illinois
MATTHEW
J. DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation Division
BY:______
Andrew
J.
F16holas
Assistant
Attorney General
Environmental
Bureau
500 South Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
October
17, 2008
2
CERTIFICATE
OF
SERVICE
I hereby
certify that
I did on
October
17,
2008,
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
COMPLAINT:
To:
Christine
Zeman
Hodge
Dwyer
Zeman
3150
Roland
Avenue
P.O.
Box 5776
Springfield,
IL
62705-5776
and
the original
and ten
copies by
First Class
Mail with
postage thereon
fully
prepaid of
the
same
foregoing
instrument(s):
To:
John
T.
Therriault,
Assistant
Clerk
Illinois
Pollution
Control
Board
James R.
Thompson
Center
Suite 11-500
100 West
Randolph
Chicago,
Illinois 60601
AndrewJ.
Nic las
Assistant
Attorney
General
This
filing
is
submitted
on
recycled
paper.
BEFORE THE ILLINOIS
POLLUTION CONTROL
BOARD
PEOPLE OF THE
STATE
OF
)
ILLINOIS,
)
)
Complainant,
vs
)
PCBNo
(Enforcement)
RICHARD
KING,
KAY
KING and
)
ISAAC
KING,
)
Respondents.
)
1
22
2008
ENTRY OF APPEARANCE
°°llutio
1/1JNOIs
On
behalf
of the Complainant, PEOPLE
OF THE
STATE OF ILLINOIS,
AndrewJ.
Nicholas,
Assistant Attorney
General
of the State of Illinois,
hereby enters his
appearance as attorney
of
record.
Respectfully
submitted,
PEOPLE OF THE
STATE OF
ILLINOIS,
LISA MADIGAN
Attorney
General of the
State of
Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:_____
AndrewJ.
Nic olas
Environmental
Bureau
Assistant Attorney
General
500
South
Second
Street
Springfield,
Illinois 62706
217/782-9031
Dated:
October
17, 2008
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
v.
)
PCBNO.
)
(Enforcement
- Air)
RICHARD KING, KAY
KING
)
&ISAACKING,
)
CLERK’S
OFFICE
Respondents.
0CT222
008
STATE
OF
ILLINBOISd
COMPLAINT
PollUtOfl
Control
oa
Complainant, 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,
complains of the Respondents, RICHARD
KING,
KAY KING, and ISAAC KING as follows:
COUNT I
AIR POLLUTION
1.
This Count is brought on behalf of the PEOPLE OF THE STATE OF ILLINOIS,
by
LISA MADIGAN, the 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
(2006).
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 (2006), and charged, inter a/ia, with
the
duty of
investigating and
enforcing
violations of the Act.
3.
At all
times
relevant to this Complaint, Respondents Richard and Kay King
(the
“Kings”)
were the owners of a vacant
three
story
building,
formerly known as
the
Buck’s
Building, located at
527 East Washington Street, Springfield, Illinois (“Buck’s Building”).
4.
The
Kings employed Isaac King, their
son,
to
supervise and
participate in
renovation and
restoration activities at the Buck’s Building.
5.
On January 12, 2007, the Illinois EPA inspected the interior and entrance
to the
Buck’s
Building. The building contained
debris,
including carpet, drywall joint compound,
wallpaper and
dimensional lumber in an open dumpster,
located at the corner of Washington
and
6
th
Streets.
In addition, there was broken suspect drywall and plaster at various
locations
on the
ground adjacent to
the
dumpster
and leading
to
the doorway
entrance of the building
and significant
quantities of dry white dust coating the floor. All wall covering, flooring, and
ceiling material had
been removed from within the building.
6.
On January 12,
2007,
the
Illinois EPA collected
a
sample of friable
suspect
drywall from the
ground adjacent to an open
dumpster. It was capable of being crumbled,
pulverized or
reduced to powder by hand pressure.
7.
The sample
drywall was tested and determined to contain a concentration of
chrysotile asbestos
ranging from 1 % to 5%.
Additional testing revealed an asbestos
concentration in the
amount
of 2.9% within the sample.
8.
On
January 29 and 30, 2007, material
samples
were collected from within the
facility
during an
asbestos survey performed by a contractor retained by the Kings to identify
the
presence
of
asbestos-containing materials or asbestos contaminated debris. Data
resulting
from
analytical
testing of the samples, by an analytical testing laboratory
utilized
by the
contractor,
revealed
the presence of asbestos concentrations
within
wall paper,
paneling
mastic,
joint
compound,
floor tile, debris powder, wall plaster finish coat, and
baseboard
material
greater
than
1
percent. In addition, the asbestos survey
revealed the presence of
asbestos
within
materials located on each floor and the basement of the building.
2
9.
On a
date
prior to January 12, 2007, and better known to the
Respondents,
the
Respondents commenced
the removal of
wall,
ceiling and flooring material,
including
regulated
asbestos-containing
material
within the Buck’s Building.
10.
Section 9(a) of the Act,
415 ILCS 5/9(a) (2006), 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;
11.
Section
201.141
of the Board’s Air Pollution Regulations, 35111.
Adm. Code
201.141 (2005), provides:
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.
12.
Section 3.115 of the Act, 415 ILCS 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 of life or
property.
13.
On
or before January
12, 2007, by improperly disturbing, handling
and disposing
of
asbestos-containing material, the Respondents caused, threatened or allowed
the discharge
or
emission
of
asbestos, a contaminant that is a known human carcinogen
and which has
no
known
safe level of exposure, into the environment.
14.
By
causing, threatening
or
allowing
the discharge or emission of a
contaminant
into
the
environment, Respondents caused or tended
to cause
air
pollution in Illinois.
3
15.
By causing or
tending to cause
air pollution in
Illinois,
Respondents
violated
Section 9(a)
of
the
Act,
415 ILCS
5/9(a) (2006) and
Section 201.141
of the Board’s
Air Pollution
Regulations,
35 III.
Adm.
Code 201.141
(2005).
PRAYER
FOR
RELIEF
WHEREFORE, Complainant,
PEOPLE
OF
THE
STATE OF ILLINOIS,
respectfully
requests
that
the Board
enter an
order against
the Respondents,
RICHARD KING, KAY
KING
and
ISAAC KING, on this
Count I:
A.
Authorizing
a hearing in this matter
at which
time
the Respondents
will be
required
to
answer
the allegations herein;
B.
Finding
that the Respondents
have violated the
Act and regulations
as alleged
herein;
C.
Ordering the
Respondents
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) (2006),
impose a
civil
penalty
of not more than the
statutory maximum;
and
E.
Grant
such other and further
relief as the Board
deems appropriate.
COUNT
II
FAILURE TO
INSPECT
FOR
ASBESTOS
AND
PROVIDE
NOTIFICATION OF
DEMOLITION AND
RENOVATION
1-9.
Complainant realleges
and incorporates
by reference herein
paragraphs I
through 9
of Count
I
as
paragraphs
I through
9 of this Count
II.
10.
Section 9.1(d) of
the Act, 415 ILCS 5/9.1(d)(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 pursuant thereto;
4
11.
Section 61.141
of the NESHAP for asbestos,
40 C.F.R. 61.141,
provides the
following
pertinent definitions:
Adequately wet means sufficiently
mix or
penetrate with liquid
to
prevent the release
of particulates. If visible
emissions are
observed
coming from asbestos-containing
material,
then that
material has not been
adequately
wetted. However,
the absence
of
visible emissions
is not sufficient
evidence of being
adequately
wet.
Asbestos means
the asbestiform varieties
of serpentinite
(chrysotile), riebeckite
(crocidolite),
cummingtonite-grunerite,
anthophylite, and actinolite-tremolite.
Category I nonfriable asbestos-containing
material
(ACM) means
asbestos-containing packings,
gaskets, resilient floor covering,
and
asphalt roofing products
containing more than 1 percent
asbestos
as
determined
using the method specified in appendix E,
subpart
E, 40
CFR
part
763,
section 1, Polarized Light Microscopy.
Category II
non
friable
ACM means any material, excluding
Category I nonfriable
ACM, containing more than 1 percent
asbestos as
determined using
the methods specified in appendix
E,
subpart
E,
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...
Friable asbestos material means any material
containing more
than 1 percent asbestos as determined
using the method specified
in appendix E, subpart E, 40 CFR
part 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.
Installation means any building
or structure or any group of
buildings or structures at a single
demolition or renovation site
that
are under the
control of the
same owner or operator (or owner or
operator under common control).
5
Nonfriable asbestos-containing material means
any material
containing more than 1 percent asbestos
as determined using the
method specified in appendix
E, subpart E, 40 CFR part
763,
section 1,
Polarized
Light Microscopy, that, when dry,
cannot be
crumbled, pulverized, or reduced
to
powder
by hand pressure.
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 Il
nonfriable
ACM
that
has a
high
probability of becoming
or has become crumbled, pulverized, 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.
12.
The Buck’s Building
is
a
“facility” as
that term is
defined
in Section 61.141
of the
NESHAP for
asbestos, 40 C.F.R. 61.141.
13.
The
activities of the Respondents at the Buck’s Building constitute a
“renovation” as that
term is defined in 40 C.F.R. 61.141.
14.
Respondents Richard King and Kay King own the facility being
renovated and
are
therefore
each an
“owner”
as
defined in 40 C.F.R. 61.141.
15.
Respondent Isaac King
controlled, supervised,
and
participated
in asbestos
removal
activities at the Buck’s
Building and is therefore
an
“operator”
as defined in 40 C.F.R.
61.141.
6
16.
The material disturbed
by Respondents during asbestos removal and
disposal
activities contained more than 1%
chrysotile asbestos, was capable of being
crumbled,
pulverized,
or
reduced
to powder by hand pressure, and is therefore
“friable asbestos material”
as that term is defined in 40 C.F.R. 61.141.
17.
40 C.F.R. 61.145(a)
provides, in pertinent part,
as
follows:
Standard for demolition and renovation.
(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:
*
*
*
(b)
Notification requirements. 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. .
(3)
Postmark or deliver the notice as follows:
(i)
At least 10 working days before asbestos
stripping
or
removal work or any other
activity
begins
(such
as
site
preparation that would
break
up, dislodge
or similarly
disturb asbestos
material), if
the operation
is described
in
paragraphs
(a)(1) and
(4)
(except (a)(4)(iii) and (a)(4)(iv))
of
this
section. If
the operation is as described in
paragraph
(a)(2)
of this section,
notification is required
10
working days before
demolltions begins.
***
18.
Respondents failed to thoroughly inspect the
Buck’s
Building
for
the
presence
and
location
of asbestos-containing material (“ACM”) prior to commencing asbestos
removal
and
disposal
activities at the facility as required by
40
C.F.R. 61.145(a), thereby
violating
7
Section 9.1(d) of
the
Act, 415 ILCS 5/9.1(d) (2006).
19.
Respondents failed to notify
the
Illinois
EPA of scheduled asbestos removal
activities
at the
Buck’s Building,
at least 10 working days prior
to commencing such activities,
as required by4O
C.F.R. 61.145(b),
thereby violating Section 9.1(d)
of the Act, 415 ILCS
5/9.1(d) (2006).
PRAYER
FOR RELIEF
WHEREFORE, Complainant,
PEOPLE OF THE STATE
OF
ILLINOIS,
respectfully
requests that the
Board
enter an order against Respondents,
RICHARD KING, KAY KING
and
ISAAC KING, on this Count II:
A.
Authorizing a hearing in this
matter at
which
time the Respondents will be
required to
answer
the
allegations
herein;
B.
Finding that the Respondents have violated the
Act
and regulations
as
alleged
herein;
C.
Ordering the Respondents
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) (2006), impose a civil
penalty
of not more than the statutory maximum; and
E.
Grant such other and further relief as the Board deems appropriate.
COUNT Ill
FAILURE
TO REMOVE
AND CONTAIN RACM
IN COMPLIANCE WITH NESHAP
REQUIREMENTS
1-16. Complainant realleges and incorporates by reference herein paragraphs I
through 9
of Count I and paragraphs 9 through 15 of
Count
II, as paragraphs
1
through 16
of
this
Count III.
17.
40 C.F.R. 61.145(c) provides, in pertinent
part, as
follows:
8
(c)
Procedures for
asbestos
emission
control. Each owner
or operator of
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 the material or preclude
access to the material
for
subsequent removal...
*
*
*
(2)
When a facility component that contains,
is covered with, or is
coated with RACM is being taken
out
of
the facility as a unit
or in
sections:
(i)
Adequately wet all RACM exposed during cutting
or
disjoining operations; and
(ii)
Carefully lower each unit or section
to the
floor
and to
ground level, not dropping, throwing, sliding, or
otherwise
damaging
or disturbing the RACM.
**
*
(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; and
(ii)
Carefully lower
the material to the ground and floor, not
dropping, throwing,
sliding, or otherwise damaging or
disturbing
the material.
*
*
*
(8)
Effective 1 year after promulgation of this regulation,
no RACM
shall:
be
stripped,
removed, or otherwise handled or disturbed
at a
facility
regulated by this section unless at least one on-site
representative,
such as a foreman or management-level person
or
other authorized representative,
trained in the provisions of this
regulation and the means
of
complying with
them, is present...
9
18.
Respondents
failed
to properly remove
all
RACM
from the Buck’s
Building
before
commencing
planned renovation
activities,
which broke
up, dislodged
and similarly
disturbed
the RACM,
as
required
by 40 C.F.R.
61.145(c)(1),
thereby
violating
Section
9.1(d) of the
Act,
415
ILCS 5/9.1(d) (2006).
19.
Respondents
failed
to adequately
wet all RACM
and prevent
damage
or
disturbance
to
the
RACM
during
cutting or
disjoining
operations at
the
Buck’s
Building, as
required
by4O C.F.R.
61.145(c)(2), thereby
violating Section
9.1(d)
of
the Act, 415 ILCS
5/9.1(d) (2006).
20.
Respondents
failed
to adequately wet
and maintain
wet
all RACM and
regulated
asbestos-containing
waste
material at
the
Buck’s
Building
until collected and contained
in
preparation for
disposal
at
a
site
permitted to accept
such waste,
as
required
by 40
C.F.R.
61.145(c)(6),
thereby
violating Section 9.1(d)
of the Act, 415
ILCS
5/9.1(d)
(2006).
21.
Respondents failed
to
have at least one
representative
at the Buck’s
Building
trained
in the provisions
of the NESHAP for
asbestos
and
the means
of
complying
with them,
as
required by
40 C.F.R. 61.145(c)(8),
thereby violating Section
9.1(d)
of the Act, 415 ILCS
5/9.1(d)
(2006).
PRAYER FOR RELIEF
WHEREFORE,
Complainant,
PEOPLE
OF
THE
STATE OF ILLINOIS,
respectfully
requests
that
the Board enter
an order against
Respondents, RICHARD
KING,
KAY KING and
ISAAC KING, on
this
Count
III:
A.
Authorizing
a
hearing in this matter
at which time
the Respondents will
be
required to answer
the allegations herein;
10
B.
Finding that the Respondents
have violated the Act and regulations as alleged
herein;
C.
Ordering the Respondents
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) (2006), impose
a
civil
penalty of not more than the statutory maximum; and
E.
Grant such other and
further relief as the Board deems appropriate.
COUNT IV
IMPROPER
DISPOSAL
OF REGULATED ASBESTOS-CONTAINING
MATERIALS
1-16.
Complainant realleges
and
incorporates
by
reference herein paragraphs I
through 9 of Count I
and paragraphs
9
through
15
of
Count
II, as paragraphs I through 16
of
this Count IV.
17.
40 C.F.R. 61.150 provides, in pertinent
part,
as
follows:
Each
owner or operator of any source covered under the
provisions of §61.144,
61.145, 61.146, and 61.147 shall comply with the
following provisions:
(a)
Discharge no visible emissions to the outside
air during the
collection, processing (including
incineration), packaging, or
transporting of any asbestos-containing waste
material generated
by the source, or use one
of
the
emission control and waste
treatment
methods
specified in paragraphs (a) (1) through (4)
of
this section.
(1)
Adequately
wet
asbestos-containing waste material as
follows:
***
(iii)
After wetting, seal
all asbestos-containing waste
material in leak-tight
containers while wet; or,
for
materials
that
will
not
fit into containers without
additional
breaking, put
materials into leak-tight
wrapping;
and
(iv)
Label
the
containers
or wrapped materials
11
specified in paragraph
(a)(1 )(iii) of this section...
(v)
For asbestos-containing
waste
material
to be
transported
off the facility
site, label containers
or
wrapped materials
with the
name of the waste
generator
and the location at
which the waste
was
generated.
(b)
All
asbestos-containing
waste
material shall be deposited
as
soon
as is practical
by the waste generator
at:
(1)
A
waste disposal
site
operated
in
accordance
with the
provisions
of §61.154, or
(2)
An EPA-approved
site
that
converts
RACM
and asbestos-
containing
waste
material
into nonasbestos (asbestos
free) material
according to the
provisions of Section
61.155.
**
*
18.
40 C.F.R. 61.141,
provides
the
following definition:
Asbestos-containing
waste
materials
means mill tailings
or any waste
that
contains
commercial asbestos
and
is generated
by a source subject
to
the
provisions
of this
subpart. This term
includes filters from
control
devices,
friable asbestos waste
material,
and bags
or
other similar
packaging contaminated
with
commercial
asbestos. As
applied
to
demolition and renovation
operations,
this
term also
includes regulated
asbestos-containing
material
waste and
materials contaminated
with
asbestos
including disposable
equipment and
clothing.
19.
The
RACM
removed
from the Buck’s Building
during the asbestos
removal
activities
constituted
“asbestos-containing
waste
material” as that
term is defined in 40
C.F.R.
61.141.
20.
Respondents
failed to
adequately
wet and keep
wet, containerize, and
label all
asbestos-containing
waste material
at the
Buck’s
Building, thereby causing
or allowing the
discharge of
visible
emissions
to the outside
air in
violation
of 40
C.F.R.
61.150(a)(1)(iii),
(iv)
and
(v),
thereby violating
Section
9.1(d)
of the
Act, 415 ILCS 5/9.1(d)
(2006).
21.
Respondents
failed to
transport to
a
waste
disposal site, or
Illinois
EPA-approved
12
site that converts
RACM
and
asbestos-containing
waste
material into nonasbestos material,
and
deposit
as soon as practical
all
asbestos-containing waste
material generated during
asbestos
removal activities at the Buck’s Building, as required by 40 C.F.R. 61.150(b), thereby
violating Section
9.1(d)
of the Act, 415
ILCS 5/9.1
(d) (2006).
PRAYER
FOR RELIEF
WHEREFORE, Complainant, PEOPLE OF THE STATE OF
ILLINOIS, respectfully
requests that the
Board enter an order against Respondents, RICHARD KING, KAY KING and
ISAAC KING, on
this Count IV:
A.
Authorizing a hearing in this
matter at which time the Respondents will be
required to
answer the allegations herein;
B.
Finding that
the
Respondents have violated the Act and
regulations as alleged
herein;
C.
Ordering the
Respondents 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) (2006), impose a civil
penalty of not
more than the
statutory maximum; and
E.
Grant
such other and further
relief as the Board deems appropriate.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney
General
of the
State
of Illinois
MATTHEW J. DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation Division
BY:___________________________
THOMAS DAVIS, Chief
Environmental
Bureau
Assistant Attorney General
13
Of Counsel:
Andrew
J. Nicholas
Assistant Attorney
General
500 South Second
Street
Springfield, Illinois 62706
217/782-9031
Dated: October 17,
2008
14
