Lisa Madigan
X1 IORNE) GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R . Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
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 originals and
return file-stamped copies to me in the enclosed, self-addressed envelope .
Thank you for your cooperation and consideration.
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
July 26, 2006
Re :
People v. Ron Fisher Motorsports, Inc.
RECEIVEDCLERK'S
OFFICE
JUN 2 9 2006
STATE OF ILLINOIS
Pollution Control Board
JB/pp
Enclosures
Very truly yours,
Jennifer onkowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090 •
TTY : (217) 785-2771 • Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
• (312) 814-3000 • TTY: (312) 814-3374
•
Fax
: (312) 814-3806
1001 Fast Main, Carbondale, Illinois 62901 •
(618) 529-6400 • TTY: (618) 529-6403 • Fax: (618) 529-6416
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
PCB No.
UIp 4
(Enforcement)
RON FISHER
MOTORSPORTS, INC .,
)
an Illinois corporation, d/b/a F & L
)
Salvage,
)
Respondent .
)
NOTICE OF FILING
To :
Ron Fisher Motorsports, Inc .
an Illinois corporation
c/o Michael Reed, R.A.
310 South Elm Street
Centralia, IL 62801
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
RECEIVEDCLERK'S
OFFICE
JUN 2 9 2006
Pollution
STATE OF
Control
ILLINOISBoard
FURTHER, please take notice that financing may be available, through the Illinois
Environmental Facilities Financing Act, 20 ILCS 3515/1 (2004), 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
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : July 26, 2006
2
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigati
JENNIFEn
Division
BONKOWSKI
At
Assistant ttorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on July 26, 2006, 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 :
Ron Fisher Motorsports, Inc.
an Illinois corporation
c/o Michael Reed, R.A.
310 South Elm Street
Centralia, IL 62801
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s) :
To :
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R . Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
This filing is submitted on recycled paper.
nifer Bonko ki
.stant Attorn y General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : July 26, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
PCB No.
(Enforcement)
RON RISHER MOTORSPORTS, INC .,
)
an Illinois corporation, d/b/a F & L
)
Salvage,
)
Respondent .
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, JENNIFER
BONKOWSKI, 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 Divi ion
BY:
NNIFER BO
KOWSKI=Y-mu
vironmental ureau
ssistant Attorney General
RECEIVEDCLERK'S
OFFICE
JUN 2 9 2006
STATE OF ILLINOIS
Pollution control Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S
OFFICE
JUN 2 9 2006
STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
Pollution Control Board
Complainant,
;
v.
q ~
)
PCB NO . 17w ~~
(Enforcement)
RON FISHER MOTORSPORTS, INC .,
)
an Illinois corporation, d/b/a F & L Salvage,
)
Respondent
.
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondent, RON FISHER MOTORSPORTS,
INC
., an Illinois corporation, d/b/a F & L Salvage, as follows :
COUNT I
UNPERMITTED HAZARDOUS WASTE STORAGE VIOLATIONS
1 .
This Complaint is brought by the Attorney General on her own motion and at the
request of the Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to the terms
and provisions of Section 31 of the Illinois Environmental Protection Act ("Act"),
415 ILCS 5/31
(2004) .
2
.
The Illinois EPA is an agency of the State of Illinois created by the Illinois
General Assembly in Section 4 of the Act, 415 ILCS 5/4 (2004), and charged,
inter alia, with the
duty of enforcing the Act in proceedings before the Illinois Pollution Control Board ("Board")
.
1
3 .
This Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31
(2004), after providing the Respondent with notice and the opportunity for a meeting with the
Illinois EPA .
4
.
Ron Fisher Motorsports, Inc., d/b/a F & L Salvage ("F & L"), is an Illinois
corporation in good standing .
5.
F & L's registered agent is Michael Reed, 310 South Elm Street, Centralia,
Illinois 62801
.
6.
Section 3 .220 of the Act, 415 ILCS 5/3
.220 (2004), provides as follows :
"Hazardous waste" means a waste, or combination of wastes,
which because of its quantity, concentration, or physical, chemical, or
infectious characteristics may cause or significantly contributes to an
increase in mortality or an increase in serious, irreversible, or
incapacitating reversible, illness ; or pose a substantial present or
potential hazard to human health or the environment when improperly
treated, stored, transported, or disposed of, or otherwise managed,
and which has been identified, by characteristics or listing, as
hazardous pursuant to Section 3001 of the Resource Conservation and
Recovery Act of 1976, P .L . 94-580, or pursuant to Board regulations .
7.
Section 21 of the Act, 415 ILCS 5/21(2004), 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 .
(f)
Conduct any hazardous waste-storage, hazardous waste-
treatment or hazardous waste-disposal operation :
(1)
without a RCRA permit for the site issued by the Agency
. .
. ;or
2
(2)
in violation of any regulations or standards adopted by the
Board under this Act ; or
8.
Section 3 .315 of the Act, 415 ILCS 5/3
.315 (2004), defines
"person" as
:
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
.
9.
During an Illinois EPA inspection on November 30, 2004, nineteen 55-gallon
drums were present on the western edge of the F & L site,
located on Mitchell Lane, in
Washington County, Illinois . At the time of the inspection, the Respondent was burning copper
wire in two other 55-gallon drums to remove the insulation .
10.
At least three of the drums on site were labeled as hazardous waste . Many of
the drums were labeled as "bad
." One was dated November 7, 2000 .
11 .
The Respondent's facility does not meet the requirements of the Act and
regulations for hazardous waste-storage .
Additionally, a RCRA permit is required by Section
703 .121 (a) of the Board's Hazardous Waste Regulations, 35 III . Adm . Code 703 .121(a), for any
hazardous waste-storage operation .
12.
On March 29, 2005, during an Illinois EPA reconnaissance inspection, twelve
drums of paint solids and eight drums of liquid paint waste were on the site . Ashes from the
burned copper wire were in garbage bags on the site and a composite sample of the ash failed
the toxic characteristic leachate procedure for lead
. F & L had failed to make any hazardous
waste determinations as required by Section 722 .11 of the Board's Hazardous Waste
Regulations .
13 .
On May 2, 2005, F & L shipped twenty drums of waste paint related material and
one container of hazardous waste solids lead to Heritage
Environmental Services .
3
14.
On May 17, 2005, F & L shipped four drums of waste paint related material to
Heritage Environmental Services .
15 .
The discarded drums and the copper wire insulation ashes were wastes . Waste
containing waste paint related material is designated as a D001 hazardous waste . Waste
containing waste solids lead is designated as a D008 hazardous waste
. The drums were
improperly stored in such a quantity as to pose a potential hazard to human health or the
environment .
16 .
F & L stored hazardous waste at its site from some date prior to November
30, 2004, through May 17, 2005 .
17 .
F & L did not have a RCRA permit from the Illinois EPA for the storage of any
hazardous waste .
18.
By failing to make the required hazardous waste determinations, the Respondent
violated Section 722 .111 of the Board's Hazardous Waste Regulations, 35 III . Adm . Code
722 .111, and thereby violated Section 21(f)(2) of the Act, 415 ILCS 5/21 (f)(2) (2004) .
19. By storing waste at a site that does not meet the requirements of the Act and
of the standards and regulations promulgated thereunder, the Respondent violated Section
21(e) of the Act, 415 ILCS 5/21(e) (2004) .
20
.
By conducting a hazardous waste-storage operation without a permit issued by
the Agency and in violation of Section 703 .121 (a) of the Board's Hazardous Waste Regulations,
35 III . Adm . Code 703 .121(a), the Respondent violated Section 21(f) of the Act, 415 ILCS
5/21(f) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an order against the Respondent, F & L :
4
A .
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B
.
Finding that Respondent has violated the Act and regulations as alleged herein ;
C .
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations ;
D.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum ; and
E .
Granting such other relief as the Board may deem appropriate
.
COUNTII
LAND POLLUTION VIOLATIONS
1-15
.
Complainant realleges and incorporates herein by reference paragraphs 1
through 15 of Count I as paragraphs 1 through 15 of this Count II
.
16 .
Section 21 of the Act, 415 ILCS 5/21 (2004), provides in pertinent part, as
follows
:
No person shall :
(a)
Cause or allow the open dumping of any waste .
(p)
In violation of subdivision (a) of this Section, cause or allow the
open dumping of waste in a manner which results in any of the
following occurrences at the dump site :
(3)
open burning ;
17 .
Section 3 .300 of the Act, 415 ILCS 5/3
.300 (2004), provides as follows
:
5
"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 .
18 .
Section 3 .535 of the Act, 415 ILCS 5/3
.535 (2004), provides 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
. . . .
19.
On November 30, 2004, during the Illinois EPA inspection of the site, waste
materials other than scrap metal and automotive parts were deposited upon the ground,
including approximately 300 used or waste tires, two 55-gallon drums filled with copper wire and
about nineteen 55-gallon drums, referenced in Count I, paragraphs 9 and 10
.
20.
On March 29, 2005, during an Illinois EPA reconnaissance inspection, ashes
from the burned copper wire were in garbage bags on the site and the 55-gallon drums were
still present
. The accumulation of used or waste tires had been removed from the site
.
21 .
On or before November 30, 2004, and continuing through May 2005, the
Respondent caused or allowed the open dumping of waste at the site through the consolidation
of refuse from several sources
. The site is not permitted by the Illinois EPA as a sanitary
landfill nor does the site meet the requirements of the Act and of the regulations and the
standards promulgated thereunder
.
22 .
By causing or allowing the open dumping of waste, the Respondent violated
Section 21 (a) of the Act, 415 ILCS 5/21 (a) (2004)
.
23.
By disposing or abandoning waste at a site that does not meet the requirements
6
of the Act and of the regulations and the standards promulgated thereunder, the Respondent
has violated Section 21(e) of the Act, 415 ILLS 5/21(e) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an order against the Respondent, F & L
:
A .
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B .
Finding that Respondent has violated the Act and regulations as alleged herein
;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations
;
D.
Pursuant to Section 42(a) of the Act, 415 ILLS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum
; and
E .
Granting such other relief as the Board may deem appropriate
.
COUNTIII
WASTE TIRE VIOLATIONS
1-20
. Complainant realleges and incorporates by reference herein paragraphs 1
through 20 of Count II as paragraphs 1 through 20 of this Count III
.
follows :
21 .
Section 54
.12 of the Act, 415 ILCS 5/54
.12 (2004), provides, in relevant part, as
"Tire storage site" means a site where used tires are stored or
processed, other than (1) the site at which the tires were
separated from the vehicle wheel rim, (2) the site where the used
tires were accepted in trade as part of a sale of new tires, or (3) a
site at which tires are sold at retail in the regular course of
business, and at which not more than 250 used tires are kept at
7
follows :
any time or (4) a facility at which tires are sold at retail
provided
that the facility maintains less than 1300 recyclable tires, 1300 tire
carcasses, and 1300 used tires on site and those tires are stored
inside a building or so that they are prevented from accumulating
water
.
22 .
Section 55 of the Act, 415 ILLS 5/55 (2004), provides, in relevant part, as
(a)
No person shall :
(c)
(4)
Cause or allow the operation of a tire
storage site except in compliance with
Board regulations .
On or before January 1, 1990, any person who
operates a tire storage site or a tire disposal site
which contains more than 50 used or waste tires
shall give notice of such activity to the Agency .
Any person engaging in such activity for the first
time after January 1, 1990, shall give notice to the
Agency within 30 days after the date of
commencement of the activity . . . .
23.
Section 848 .202(b) of the Pollution Control Board's Waste Disposal
Regulations, 35 III . Adm . Code 848 .202(b), provides, in relevant part, as follows :
Requirements
(b)
At sites at which more than 50 used or waste tires are
located the owner or operator shall comply with the
following requirements :
8
(5)
Used or waste tires received at the site shall not be stored
unless within 14 days after the receipt of any used tire the
used tire is . . . covered or otherwise prevented from
accumulating water
. . . .
24
. The Respondent has operated a tire storage site, as that term is defined at
Section 54
.12 of the Act, 415 ILCS 5/54
.12 (2004), containing more than 50 used or waste
tires, since some date better known to Respondent, between the date the facility opened in
March 2004 and November 30, 2004 .
25 .
No measures had been implemented to prevent the tires from accumulating
water
. Some of the tires contained water on November 30, 2004
.
26 .
Since some date better known to Respondent, but since at least November 30,
2004, by storing used and/or waste tires which are outside with no cover and contain
accumulated water, Respondent has violated Section 848
.202(b) of the Board's Waste Disposal
Regulations, 35 III
. Adm . Code 848
.202(b), and Sections 55(a) of the Act, 415 ILCS 5/55(a)
(2004).
27
.
The Respondent did not provide notice of tire storage activity to the Illinois EPA
within 30 days after the date of commencement of the activity and has thereby violated Section
55(c) of the Act, 415 ILCS 5/55(c) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an order against the Respondent, F & L
:
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
9
B.
Finding that 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.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum
; and
E.
Granting such other relief as the Board may deem appropriate .
COUNT IV
OPEN BURNING VIOLATIONS
1-9 .
Complainant realleges and incorporates herein by reference paragraphs 1
through 9 of Count I as paragraphs 1 through 9 of this Count IV .
10
.
Section 9 of the Act, 415 ILCS 5/9 (2004), provides, in pertinent part, the
following :
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
. . . .
11 .
Section 3 .115 of the Act, 415 ILCS 5/3.115
(2004), 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
10
definition :
property, or to unreasonably interfere with the enjoyment of life or
property .
12 .
Section 3 .300 of the Act, 415 ILCS 5/3 .300 (2004), provides the following
"Open burning" is the combustion of any matter in the open or in
an open dump.
13.
By causing or allowing the open burning of waste, the Respondent violated
Section 9(c) of the Act, 415 ILCS 5/9(c) (2004) .
14.
By causing the open dumping of waste in a manner which has resulted in open
burning at or from the dump site, the Respondent violated Section 21 (p)(3) of the Act, 415 ILCS
5/21(p)(3) (2004) .
15.
By causing, threatening, or allowing the discharge or emission of any
contaminant into the environment so as to cause or tend to cause air pollution in Illinois, the
Respondent violated Section 9(a) of the Act, 415 ILCS 5/9(a) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an order against the Respondent, F & L :
A.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
B.
Finding that Respondent has violated the Act and regulations as alleged herein ;
C .
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations ;
D.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum ; and
11
E .
Of Counsel
JENNIFER BONKOWSKI
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9,~3
/;),
Dated :
'2-C /
~
,
Granting such other relief as the Board may deem appropriate .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY
:
12
THOMAS DAVIS
Assistant Attorney General
Environmental Bureau
