RE CE
~V ED
CLERK’S
t1rPir~
JUN
92003
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
PEOPLE OF THE STATE OF
)
Pollution
Control Board
ILLINOIS,
)
)
Complainant,
)
f\2
vs.
)
PCBNo.
~-‘~
)
(Enforcement)
ELYSIUM ENERGY, an Illinois
)
limited liability corporation,
)
)
Respondent.
)
NOTICE OF FILING
To:
Charlie Northrup
Sorling, Northrup, Hanna, Cullen & Cochran, Ltd.
Attorneys for Elysium Energy
Suite 800, Illinois Building
607 EastAdams
P.O. Box 5131
Springfield, IL 62705
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 3515/1 (1994), 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: ~5~-__~-
~‘
~—iANE E. McBRIDE
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: June 4, 2003
2
CERTIFICATE OF SERVICE
I hereby certify that I did on June 4, 2003, 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:
Charlie Northrup
Sorling, Northrup, Hanna, Cullen & Cochran, Ltd.
Attorneys for Elysium Energy
Suite 800, Illinois Building
607 East Adams
P.O. Box5131
Springfield, IL 62705
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
State of Illinois Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
~J811~
c~
E. McBride
/‘~ Assistant Attorney General
This filing is submitted on recycled paper.
R~JVE D
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN
9 ~3
PEOPLE OF THE STATE OF
)
STATE OF ILLINOIS
ILLINOIS
)
ollution Control Board
)
Complainant,
)
vs.
)
PCBNo.
O~
)
(Enforcement)
ELYSIUM ENERGY, an Illinois
)
limited liability corporation,
)
)
Respondent.
)
ENTRY OF APPEARANCE
On behalfof the Complainant, PEOPLE OF THE STATE OF ILLINOIS, JANE E. McBRIDE,
Assistant Attorney General of the State of Illinois, hereby enters her 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: ~
~-d~NE E. McBRIDE
/~ Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated:
~/‘~//‘~2J
CE ~
D
CLERK’S
nr~r~~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN
9 2003
PEOPLE OF THE STATE OF
)
STATE OFILLINO
Pollution Control Board
Complainant,
)
v.
)
PCBNo.
b\
)
(Enforcement)
ELYSIUM ENERGY, an Illinois
)
limited liability corporation
)
)
Respondent.
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, complains of Respondent,
ELYSIUM ENERGY, an Illinois limited liability corporation, as follows:
COUNT I
OPEN DUMPING
HAZARDOUS AND SPECIAL WASTE 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
(2002).
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 (2002), and charged,
inter a/ia,
with the
duty of enforcing the Act in proceedings before the Illinois Pollution Control Board (“Board”).
3.
This Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31
(2002), after providing the Respondent with notice and the opportunity for a meeting with the
Illinois EPA.
4.
Respondent Elysium Energy is a limited liability corporation, registered in Illinois.
The registered agent is Don Butler, C.T. Corporation, 208 South LaSalle Street, Chicago, IL
60604.
5.
Respondent Elysium Energy owns and operates an operating oil field
maintenance facility located on rural property near West Liberty, Jasper County, Illinois (the
“facility”). The facility is located .4 miles west of the intersection of Route 130 and 25, about
three-fourths mile west of West Liberty and 9.5 miles south of Newton, Illinois.
6.
On August 27 and 28, 2001, the Illinois EPA conducted an inspection of the
facility. At the time of the inspection, on August 27, 2001, the inspector observed an area of
approximately 20 drums that had been crushed and were leaking a dark, amber-colored
substance onto the ground. One of the drums had “scale remover” still legible on a label, but
the rest of the drums were either unmarked or unreadable. The inspector observed that the
substance leaking from the drums appeared and felt oily, and it emitted a heavy,- oily, organic
odor. A subsequent pH test of samples of the leaking substance did not register because of
the organic nature of the spilled material.
7.
At the time of the inspection on August 27, 2001, the inspector observed an area
east of the drum site that consisted of a large burn pile with burned and charred wood, metal
and the remains of at least two tires.
8.
At the time of the inspection on August 27, 2001, a roll-off container was located
outside a building on the west side of the property. The inspector observed that the container
was filled with mostly old office furniture, but also contained one five-gallon bucket that was
observed to be leaking an amber-colored liquid. The inspector observed that the liquid leaking
from the five-gallon bucket was flowing out of the corner of the roll-off box onto the ground.
9.
At the time of the inspection on August 27, 2001, the inspector observed several
drums inside buildings or just outside the doors of several buildings that appeared to be in good
shape and carried labels indicating the contents consisted of crankcase oil for heavy
machinery.
2
10.
On August 28, 2001, the Illinois EPA conducted another inspection of the facility.
Two representatives of Respondent Elysium Energy accompanied the inspector at the time of
the inspection. At the time of the inspection, the Respondent’s representatives provided the
inspector with copies of material safety data sheets (“MSDS”) for the four types of chemicals
handled at the plant. The four chemicals identified by the Respondent’s representatives were
scale remover, corrosion inhibitors, paraffin inhibitor and emulsion breakers. All of these
chemicals contain a large percentage of petroleum naphtha, possibly making them a hazardous
waste. The results of sampling indicated that the substances on the property at the spill site at
the time of the inspection indicated the wastes were not regulated hazardous wastes and did
not have hazardous characteristics. However, the wastes were of a nature considered special
wastes.
11.
Section 3.535 of the Act, 415 ILCS 5/3.535 (2002), defines “waste” as follows:
‘WASTE’ means any garbage, sludge from a waste treatment plant,
water supply treatment plant, or air pollution control facility or other
discarded material, including solid, liquid, semi-solid, or contained
gaseous material resulting from industrial, commercial, mining and
agricultural operations, and from community activities, but does not
include solid or dissolved material in domestic sewage, or solid or
dissolved materials in irrigation return flows or industrial discharges which
are point sources subject to permits under Section 402 of the Clean
Water Act or source, special nuclear, or byproduct materials as defined
by the Atomic Energy Act of 1954, as amended (68 Stat. 9210 or any
solid or dissolved material from any facility subject to the Federal Surface
Mining Control and Reclamation Act of 1977 (P.L. 96-87) or the rules and
regulations thereunder or any law or rule or regulation adopted by the
State of Illinois pursuant thereto.
12.
Section 3.305 of the Act, 415 ILCS 5/3.305 (2002), provides, in pertinent part, as
follows:
“OPEN DUMPING” means the consolidation of refuse from one or more sources
at a disposal site that does not fulfill the requirements of a sanitary landfill.
13.
Section 21(a) of the Act, 415 ILCS 5/21 (a) (2002), provides, in pertinent part, as
3
follows:
No person shall:
a.
Cause or allow the open dumping of any waste.
14.
Section 21(e) of the Act, 415 ILCS 5/21(e) (2002), provides, in pertinent part, as
follows:
No person shall:
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 thereunder.
15.
Section 21(p) of the Act, 415 ILCS 5/2l(p) (2002), provides, in pertinent part, as
follows:
p.
In violation of subdivision (a) of this Section, cause or allow the open
dumping of any waste in a manner which results in any of the
following occurrences at the dump site:
1.
litter;
***
3.
opening burning
***
6.
standing or flowing liquid discharge from the dump site;
***
16.
Section 722.111 of the Illinois Pollution Control Board’s (the “Board”) Hazardous
Waste Regulations, 35 III. Adm. Code 722.111, provide, in pertinent part:
Section 722.111 Hazardous Waste Determination
A person who generates a solid waste, as defined in 35 Ill. Adm. Code 721.102, shall
determine if that waste is a hazardous waste using the following method:
a)
The person should first determine if the waste is excluded from regulation
4
under 35 III. Adm. Code 721.104.
b)
The person should then determine if the waste is listed as a hazardous
waste in 35 Ill. Adm. Code.721. Subpart D. (Board Note: Even if a waste
is listed, the generator still has an opportunity under 35 III. Adm. Code
720.122 and 40 CFR 260.22 (1986) to demonstrate that the waste from
the generator’s particular facility or operation is not a hazardous waste.
c)
For purposes of compliance with 35 III. Adm. Code 728, or if the waste is
not listed as a hazardous waste in 35 III. Adm. Code 721 .Subpart D, the
generator shall then determine whether the waste is identified in 35 III.
Adm. Code 721 .Subpart C by either:
1)
Testing the waste according to the methods set forth in 35 III.
Adm. Code 721 .Subpart C, or according to an equivalent method
approved by the Board under 35111. Adm. Code 720.121; or
2)
Applying knowledge of the hazard characteristic of the waste in
light of the materials or processes used.
-
d)
If the generator determines that the waste is hazardous, the generator
shall refer to 35 III. Adm. Code 724, 725, 728, and 733 for possible
exclusions or restrictions pertaining to the management of the specific
waste.
17.
Section 808.121 of the Board’s Solid and Special Waster Regulations, 35 III.
Adm. Code 808.121, provide, in pertinent part:
Section 808.121 Generator Obligations
a)
Each person who generates waste shall determine whether the waste is a
special waste. BOARD NOTE: 35 III. Adm. Code 722 requires the
person to also determine if the waste is a hazardous waste.
b)
No person shall deliver special waste to a transporter unless the waste is
accompanied by a manifest as specified in Section 808.122, and the
transporter has a special waste hauling permit issued pursuant to 35 Ill.
Adm. Code 809. The following are exceptions to this prohibition:
1)
The person is subject to the small quantity generator exemption of
Section 808.123.
2)
The transporter and waste are subject to a transporter exemption
under 35 III. Adm. Code 809.211.
3)
The Agency has determined pursuant to this Part that the waste is
not a special waste.
5
4)
The waste consists of municipal water or wastewater treatment
plant sludge regulated under a sludge management plan
approved by the Agency pursuant to 35 III. Adm. Code 309.208.
c)
No person shall cause, threaten or allow the treatment, storage or
disposal of special waste in Illinois except:
1)
At a facility permitted or otherwise authorized to manage the
special waste pursuant to 35 III. Adm. Code 703 or 807 (Sections
21(d) and (e) of the Act); or
2)
At a facility owned and operated by such person and subject to
the on-site disposal exemption of Section 21(d) of the Act (Section
21(d) of the Act).
d)
No person shall deliver special waste to a transporter or a permitted
facility without a supplemental wastestream permit.
e)
No person shall deliver to a transporter or permitted facility special waste
with a wastestream identification number unless the waste conforms with
the wastestream description in the wastestream classification
determination.
18.
By causing or allowing the consolidation and crushing of approximately 20 drums
of special waste; the consolidation and burning of wood, metal and tires; the placement of a
roll-off container containing waste and a bucket leaking a liquid substance onto the ground, and
the existence and accumulation of drums containing crankcase oil at its facility, Respondent
Elysium Energy has caused or allowed the open dumping of waste at its facility in a manner
that has resulted in litter, opening burning and standing or flowing liquid discharge from the
dump site and has thereby violated Sections 21(a), (e) and (p)(l), (3) and (6) of the Act, 415
ILCS 21(a), (e), (p)(1),(3) and (6)(2002).
19.
By failing to determine if liquids contained in drums at the facility were hazardous
wastes before the drums were disposed of by open dumping, Respondent Elysium Energy has
violated 35111. Adm. Code 722.111.
20.
By failing to determine if liquids contained in drums at the facility were special
wastes before the drums were disposed of by open dumping, Respondent Elysium has violated
6
35 Ill. Adm. Code 808.121 (a).
PRAYER FOR RELIEF
WHEREFORE, Complainant, People of the State of Illinois, respectfully request that the
Board enter an order against the Respondent Elysium Energy:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
B.
Finding that the Respondent has violated the Act and regulations as alleged
herein;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations;
-
D.
Assessing against Respondent a civil penalty of fifty thousand dollars ($50,000)
for each violation of the Act, and an additional penalty of ten thousand dollars ($10,000) for
each day during which each violation continued thereafter, pursuant to Section 42(a) of the Act,
415 ILCS 5142(a)(2002);
E.
Awarding to Complainant its costs and reasonable attorney’s fees; and
F.
Granting such other relief as the Board may deem appropriate.
COUNT II
OPEN BURNING
1.
Complainant realleges and incorporates herein by reference paragraphs I
through 12 of Count I as paragraphs I through 12 of this Count II.
13.
Section 3.115 of theAct, 415 ILCS 5/3.115 (2002), defines “airpollution” 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
7
property.
14.
Section 3.165 of the Act, 415 ILCS 5/3.165 (2002), defines “contaminant” as
follows:
‘CONTAMINANT’ is any sold, liquid, or gaseous matter, any odor, or any
form of entry, from whatever source.
15.
Section 3.300 of the Act, 415 ILCS 5/3.300 (2002), defines “open burning” as
follows:
‘OPEN BURNING’ is the combustion of any matter in the open or in an
open dump.
16.
35 III. Adm. Code 237.101 defines “open burning” as follows:
‘OPEN BURNING:’ the combustion of any matter in such a way that the
products of the combustion are emitted to the open air without originating
in or passing through equipment for which a permit could be issued under
Section 9(b) of the Act (Environmental Protection Act, Ill. Rev. Stat. 1981,
Ch. 111 1/2, par. 1009(b)).
17.
Section 9 of the Act, 415 ILCS 5/9 (2002), provides, in pertinent part, 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;
c.
Cause or allow the open burning of refuse, conduct any salvage
operation by open burning, or cause or allow the burning of any
refuse in any chamber not specifically designed for the purpose
and approved by the Agency pursuant to regulations adopted by
the Board under this Act;
18.
Section 21 of the Act, 415 ILCS 5/21 (2000), provides, in pertinent part, as
follows:
No person shall:
***
8
o.
Conduct a sanitary landfill operation which is required to have a
permit under subsection (d) of this Section, in a manner which
results in any of the following conditions:
***
4.
open burning of refuse in violation of Section 9 of this Act;
19.
By causing or allowing the combustion of wood, metal and tires in the open and
in an open dump and, thereby, causing, threatening or allowing the discharge or emission of
contaminants into the environment so as to cause or tend to cause air pollution in Illinois, either
alone or in combination with contaminants from other sources, and so as to violate regulations
or standards adopted by the Board under this Act, Respondent Elysium Energy has violated
Section 9(a) and (c) and Section 21 (o)(4) of the Act, 415 ILCS 5/9(a), (c), and 21 (o)(4) (2002).
PRAYER FOR RELIEF
WHEREFORE, Complainant, People of the State of Illinois, respectfully request that the
Board enter an order against the Respondent Elysium Energy:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
B.
Finding that the Respondent has violated the Act and regulations as alleged
herein;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations;
D.
Assessing against Respondent a civil penalty of fifty thousand dollars ($50,000)
for each violation of the Act, and an additional penalty often thousand dollars ($10,000) for
each day during which each violation continued thereafter, pursuant to Section 42(a) of the Act,
415 ILCS 5/42(a)(2002);
E.
Awarding to Complainant its costs and reasonable attorney’s fees; and
9
F.
Granting such other relief as the Board may deem appropriate.
COUNT Ill
USED OR WASTE TIRE VIOLATIONS
1.
Complainant realleges and incorporates herein by reference paragraphs 1
through 16 of Count II as paragraphs I through 16 of this Count III.
17.
Section 55 of the Act, 415 ILCS 5/55 (2002), provides, in pertinent part, as
follows:
a.
No person shall:
1.
Cause or allow the open dumping of any used or waste tire.
2.
Cause or allow the open burning of any used or waste tire.
18.
By causing or allowing the open dumping and open burning of used or waste
tires at its facility, Respondent Elysium Energy has violated Section 55(a)(1) and (2) of the Act,
415 ILCS 5/55(a)(1),(2) (2002).
PRAYER FOR RELIEF
WHEREFORE, Complainant, People of the State of Illinois, respectfully request that the
Board enter an order against the Respondent Elysium Energy:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
B.
Finding that the Respondent has violated the Act and regulations as alleged
herein;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations;
D.
Assessing against Respondent a civil penalty of fifty thousand dollars ($50,000)
for each violation of the Act, and an additional penalty of ten thousand dollars ($10,000) for
10
each day during which each violation continued thereafter, pursuant to Section 42(a) of the Act,
415 ILCS 5/42(a)(2002);
E.
Awarding to Complainant its costs and reasonable attorney’s fees; and
F.
Granting such other relief as the Board may deem appropriate.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois,
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
-
~n~0~,~Bride
BY:_____________________
Assistant Attorney General
THOMAS DAVIS, Chief
500 S. Second Street
Environmental Bureau
Springfield, Illinois 62706
Assistant Attorney General
217/782-9031
11
Lisa Madigan
ATTORNEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph
Chicago, Illinois 60601
RECEIVED
CLERK’S OFFICE
JUN
92003
STATE
OF
ILLINOIS
OFFICE OF THE ATTORNEY GENERAIPoIIutIon
Control Board
STATE OF ILLINOIS
June 4, 2003
Re:
People v. Elysium Energy
Dear Clerk Gunn:
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
original and return a file-stamped copy of the document to our office in the enclosed self-
addressed, stamped envelope.
Thank you for your cooperation and consideration.
Very truly yours,
JEM/pp
Enclosures
-~
“iane E. McBride
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090
•
YF’I~
(217)
785-2771
•
Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
•
(312) 814-3000
•
TT’Y: (312) 814-3374
•
Fax: (312) 814-3806
1001 East Main, Carbondale, Illinois 62901
•
(618) 529-6400
•
TTY:
(618) 529-6403
•
Fax: (618) 529-6416
