Lisa Madigan
AI I ORNEY GENERAL
December 6, 2006
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
Re :
People v. General Waste Services, Inc
.
Dear Clerk Gunn :
OFFICE OF THE A'T'TORNEY GENERAL
STATE OF ILLINOIS
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,
7
Michael D . Mankowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
RECEfVEDCLERICS
OFFICE
Pollution
STATE OF
Control
ILLINOISBoard
j7C,601
4S
1001 East Ylain, Carbondale, Illinois 62901
• (618) 529-6400 • TTY (618) 529-6403 • Fax: (618) 529-6416
MDM/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706 •
(217) 782-1090 •
YI Y: (217) 785-2771 •
Fax : (217) 782-7046
I00 West Randolph Street, Chicago, Illinois 60601 • (312) 814-3000 •
FTY: (312) 814-3374
•
Fax: (312) 814-3806
RECt! 6 ,%, r- D
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLF_nOFFICE
PEOPLE OF THE STATE OF
)
ILLINOIS,
STATE OF iLLlNOI
;
)
Pollution Control Board
Complainant,
)
VS .
)
PCB No
.
(Enforcement)
GENERAL WASTE SERVICES, INC .,
)
an
Illinois corporation,
)
Respondent .
)
NOTICE OF FILING
To:
General Waste Services, Inc.
c/o Thomas J . Immel
1307 South Seventh Street
P.O. Box 2418
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 (2004), to correct the pollution alleged in
the Complaint filed in this case
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
2
MICHAEL D . MANKOWSKI
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : December 6, 2006
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY
1,X7
CERTIFICATE OF SERVICE
I hereby certify that I did on December 6, 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:
General Waste Services, Inc.
c/o Thomas J . Immel
1307 South Seventh Street
P.O. Box 2418
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
James R
. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
Michael D . Mankowski
Assistant Attorney General
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
REC'OFEDCLERK'S
OFFICE
PEOPLE OF THE STATE OF
)
EEC 0 ~c 2008
ILLINOIS,
)
STATE OF ILLINOIS
)
Complainant,
Pollution Control tioarcd
vs .
)
PCB No.
O
(Enforcement)
GENERAL WASTE SERVICES, INC .,
)
an Illinois corporation,
)
Respondent .
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, MICHAEL D
.
MANKOWSKI, 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 MICHAEL
ct!'eLL,/~
D . MANKOWSKI
~ -.,/
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : December 6, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDLFRKREC
;S
IVVEDOFFICE
PEOPLE OF THE STATE OF
)
0 0 2006
ILLINOIS,
)
Pollution
STATE OF
Control
ILLINOIS
Board
Complainant,
)
vs.
)
PCB No . 07-
(Enforcement-Air)
GENERAL WASTE SERVICES, INC.,
)
an Illinois corporation,
)
Respondent.
)
COMPLAINT
The PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney General of
the State of Illinois, on her own motion, complains of the Respondent, GENERAL WASTE
SERVICES, INC ., as follows
:
COUNTI
VIOLATIONS OF THE NATIONAL EMISSIONS STANDARDS FOR ASBESTOS
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, pursuant to the terms and
provisions of Section 31 of the Illinois Environmental Protection Act
("Act"), 415 ILCS 5/31
(2004) .
2.
The Illinois Environmental Protection Agency ("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
investigating and enforcing violations of the Act
.
3 .
GENERAL WASTE SERVICES, INC
. ("General Waste"), is an Illinois
corporation in good standing
. The registered agent is Richard C . Graulein, 2398 Belle Street,
Alton, Illinois 62002 .
4.
Belleville Memorial Hospital owns a two-story apartment building located at 3701
Memorial Drive, Belleville, St
. Clair County, Illinois
. Each story has a total of approximately
five thousand (5,000) square feet
. General Waste was hired to conduct an asbestos abatement
project at the facility .
5
.
General Waste had timely submitted a written notification of the asbestos
abatement project to the Illinois EPA
.
6.
The Illinois EPA inspected the facility on August 4, 2005 . On this date, General
Waste employees were removing some of the 6,714 square feet of asbestos-conta n ng ceiling
material listed in the project notification .
7 .
On August 4, 2005, the General Waste employees were not utilizing water to wet
the asbestos-containing ceiling material being removed and were dropping the asbestos-
containing ceiling material over a railing on the second floor into the foyer area of the first floor
.
Debris suspected to contain asbestos was located on the stairs located on the north side of the
building
. The subsequent analysis of a sample revealed asbestos in a range of one to five per
cent.
8 .
Section 9
.1(d) of the Act, 415 ILCS 5/9 .1(d)(2004) provides as follows
:
(d) No person shall :
(1) violate any provisions of Sections 11 1, 112, 165 or 173 of the
Clean Air Act, as now or hereafter amended, or federal regulations
adopted pursuant thereto
;
-2-
9 .
The regulations on National Emission Standards for Hazardous Air Pollutants
("NESHAP") for asbestos, 40 CFR Part 61, Subpart M, were adopted pursuant to Section 112 of
the Clean Air Act, 42 USC §7412. Asbestos is regulated as a hazardous air pollutant because it
is a carcinogen
. RACM contains more than one percent asbestos and is generally "friable,"
which means such materials, when dry, can be crumbled, pulverized, or reduced to powder by
hand pressure .
10
.
40 CFR §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-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
.
. . . 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
.
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
.
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 11
nonfriable ACM that has a high probability of becoming or has become crumbled,
-3-
pulverized, or reduced to powder by the forces 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 .
11 .
40 CFR §61
.145 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
:
(4) In a facility being renovated
. . .
all the requirements of paragraphs (b) and (c)
of this section apply if the combined amount of RACM to be stripped, removed,
dislodged, cut, drilled, or similarly disturbed is
(i) At least 80 linear meters (260 linear feet) on pipes or at least 15 square
meters (160 square feet) on other facility components, or
(ii) At least 1 cubic meter (35 cubic feet) off facility components where the
length or area could not be measured previously
.
(c) Procedures for asbestos emission control .
Each owner or operator of a demolition or
renovation activity to whom this paragraph applies, according to paragraph (a) of this
section, shall comply with the following procedures :
(3) When RACM is stripped from a facility component while it remains in place
in the facility, adequately wet the RACM during the stripping operation
.
(I) In renovation operations, wetting is not required if
:
(A) The owner or operator has obtained prior written approval
from the Administrator based on a written application that wetting
-4-
to comply with this paragraph would unavoidably damage
equipment or present a safety hazard
; and
(B) The owner or operator uses of the following emission control
methods :
(1) A local exhaust ventilation and collection system
designed and operated to capture the particulate asbestos
material produced by the stripping and removal of the
asbestos materials . The system must exhibit no visible
emissions to the outside air or be designed and operated in
accordance with the requirements in § 61 .152.
(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
.
12.
The two-story apartment building located at 3701 Memorial Drive in Belleville is
a "facility" and the Respondent is an "operator" of a "renovation" as these terms are defined at 40
CFR 61
.141 .
13.
During the August 4, 2005, inspection, large amounts of dry friable asbestos-
containing waste materials were on the floor of the facility and scattered around on the site
.
14 .
The Respondent failed to adequately wet the RACM during its removal and
thereby violated Section 9
.1(d) of the Act, 415 ILCS 9
.1(d)(2004) and 40 CFR 61 .145(c)(3).
15 .
The Respondent failed to adequately wet and keep wet all RACM removed during
renovation operations until such asbestos-containing waste materials were collected and
contained in leak-tight wrapping in preparation for disposal, and thereby violated Section 9
.1(d)
-5-
of the Act, 415 ILCS 9
.1(d)(2004) and 40 CFR 61
.145(c)(6).
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully
requests that this Board enter an Order against the Respondent :
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.
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.
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
:
-6-
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
Of Counsel :
Michael D . Mankowski
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/557-0586
Dated:
/
2-w
/~~
C
