BEFORE THE

CLER1~SoFF!..

ILLINOIS POLLUTION CONTROL BOARD

OCT

2

1 2003

REPUBLIC BANK OF CHICAGO,

as

)

STATE OF ILLINOIS

d

Trustee of Trust #

2234, ARISTOTLE

)

pollution

Control

Boar

HALIKIAS, LENA HALIKIAS, MICHAEL

)

HALIKIAS, NIKOLAS HALIKIAS, NOULA

)

PCB-

0q

4.4~1

HALIKIAS,

and

PATRICIA HALIKIAS,

as )

beneficiaries of Trust # 2234,

)

(Citizen

s

Suit UST Enforcement)

Complainants,

V.

SUNOCO, INC. (R&M),

)

Respondent.

To:

SUNOCO, INC. (R&M),

do

CT

Corporation System,

Registered

Agent,

South LaSalle Street,

Chicago,

Illinois 60604

PLEASE TAKE NOTICE that on October 21, 2003, we filed with the Clerk of the Illinois Pollution

Control Board (“Board”), 100 West Randolph Street, James R. Thompson Center Suite 11-500, Chicago,

Illinois, 60601-3218, an original and nine (9) copies of a COMPLAINT; a copy of said Complaint is

attached hereto and hereby served upon you. Counsel’s APPEARANCE is also served upon you.

With regard to the attached complaint, you may be required to attend a hearing at a date set by

the Board. Failure to file an answerto this complaint within 60 days may have severe consequences.

Failure to answer will mean that all allegations in the 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.

REPUBLIC BANK OF

CHICAGO, as Trustee of

Trust # 2234,

ARISTOTLE HALIKIAS, LENA

HALIKIAS, MICHAEL HALIKIAS, NIKOLAS

HALIKIAS, NOULA HALIKIAS, and PATRICIA

HALIKIAS, as beneficiaries of Trust

#

2234

Andrew H. Perellis

SEYFARTHSHAWLLC

55 East Monroe Street

By: _______________________________

Suite 4200

One of Their Attorneys

Chicago, Illinois 60603

(312) 346-8000

THIS FILING IS MADE ON RECYCLED PAPER

CH1 10592635.3

---

BEFORE THE

RE

CLERK’S

OCTCE

2

~V

1

OFFICE

2003

ED

ILLINOIS POLLUTION CONTROL BOARD

STATE OF ILUNOIS

REPUBLIC BANK OF CHICAGO, as

)

pollution

Con t~’o1Board

Trustee of Trust # 2234,

ARISTOTLE

)

HALIKIAS, LENA HALIKIAS, MICHAEL

)

HALIKIAS, NIKOLAS HALIKIAS, NOULA

)

p ‘1 4o

HALIKIAS,

and

PATRICIA HALIKIAS,

as )

C~zen’sSuit

UST Enforcement

beneficiaries of Trust #2234,

)

)

Complainants,

)

)

V.

)

)

SUNOCO, INC. (R&M),

Respondent.

APPEARANCE

Andrew H. Perellis of the law firm, SEYFARTH SHAW LLc, hereby enters is appearance

as counsel for Complainants. Andrew H. Perellis is designated as the lead

attorney for

purposes of mail and phone contact pertaining to this proceeding.

REPUBLIC BANK OF CHICAGO,

as

Trustee of Trust # 2234,

ARISTOTLE

HALIKIAS, LENA HALIKIAS, MICHAEL

HALIKIAS, NIKOLAS HALIKIAS, NOULA

HALIKIAS,

and

PATRICIA HALIKIAS,

as

beneficiaries of Trust # 2234

By:_____

One of Their Attorneys

Andrew H.

Perellis

SEYFARTH

SHAW LLC

55 East Monroe’ Street

Suite 4200

Chicago, Illinois 60603

(312)

346-8000

CH1 10592635.3

---

)

)

)

_______________

)

)

)

)

)

)

)

Respondent.

COMPLAINT

REPUBLIC BANK OF CHICAGO, as Trustee ~f Trust # 2234, ARISTOTLE

HALIKIAS, LENA HALIKIAS, MICHAEL HALIKIAS, NIKOLAS HALIKIAS, NOULA

HALIKIAS and PATRICIA HALIKIAS, as beneficiaries of Trust # 2234 (collectively, the

“Property Owners”), by their attorneys, Seyfarth Shaw LLP, complain as follows against

SUNOCO, INC. (R&M), as successor in interest to Sun Oil Company of Pennsylvania

(“Sunoco”).

Summary of the Complaint

1.

Property Owners bring this action for cost recovery pursuant to Section

31(d)

of the Illinois Environmental Protection Act (the “Act”),

415

ILCS 5/31(d). Property

Owners hold title to real estate commonly known as 960

North McLean Blvd, in Elgin,

Illinois. Releases of petroleum-related substances from underground storage tanks on

the Facility have contaminated soils and groundwater, necessitating response actions

ILLINOIS POLLUTION CONTROL BOARD

REPUBLIC BANK OF CHICAGO, as

)

Trustee of Trust # 2234,

ARISTOTLE

HALIKIAS, LENA HALIKIAS, MICHAEL

HALIKIAS, NIKOLAS HALIKIAS, NOULA

HALIKIAS,

and

PATRICIA HALIKIAS,

as

beneficiaries of Trust # 2234,

REC~p~j~~

CLERg~OFFICE

OCT

2

12003

STATE

OF ILLINOIS

Pollution Control Board

Complainants,

PCB-

(Citizen’s

~H~7

Suit UST Enforcement)

V.

SUNOCO, INC. (R&M),

CHI 10592635.3

---

-2-

by Property Owners. The releases resulted from the actions and failures to act of

Sunoco. Property

Owners

seek to recover from Sunoco for the costs incurred and to be

incurred in removing the USTs, cleaning up contaminated soils, and investigating and

remediating threats to groundwater.

Parties

2. Republic Bank of Chicago is trustee of Land Trust # 2234. Land Trust

#2234 holds legal title to the property commonly known as 960 North McLean Blvd, in

Elgin, Illinois.

3. Republic Bank of Chicago is a person within the meaning of 415 ILCS

5/3.315.

4.

Aristotle Halikias, Lena Halikias, Michael Halikias,

Nikolas Halikias, Noula

Halikias and Patricia Halikias are the beneficial owners of Land Trust # 2234.

5.

Aristotle Halikias, Lena Halikias, Michael Halikias, Nikolas Halikias, Noula

Halikias and Patricia Halikias are persons within the meaning of 415 ILCS 5/3.315.

6. On information and belief, Sunoco, Inc. (R&M) (“Sunoco”) is a

Pennsylvania corporation with its principal place of business in

Philadelphia,

Pennsylvania. Sunoco

is the successor in interest to Sun Oil Company of Pennsylvania.

Sunoco is a person within the meaning of 415 ILCS 5/3.315.

Common Allegations

7.

Prior to April 1981, Sun Oil Company of Pennsylvania owned the property

commonly known as 960 N. McLean Boulevard, Elgin, Illinois (“the Facility”).

8.

Prior to April 1981, the Facility was the site of a gas station containing five

underground storage

tanks (‘USTs”).

CHI 10592635.3

---

-3-

9. Prior to April 1981, Sun Oil Company of Pennsylvania owned five UST5

located at the Facility.

10. The USTs had capacities of approximately 8,000 (1 tank), 6,000 (2

tanks), and 550 (2 tanks) gallons, respectively.

11. Prior to April 1981, the three USTs with capacities of 8,000 gallons and

6,000 were used to contain gasoline (hereinafter, the “UST

system”).

One 550 gallon

tank was used to

store used oil, and the other

550 gallon tank was used to store heating

oil.

12. Prior to April 1981, Sun Oil Company of Pennsylvania leased the property

to Clyde Korlaske, who operated the service’station.

13.

Korlaske ceased his business selling gasoline in April 1981 and subleased

the property to Auto Ecology L & R, Inc.

14. Auto Ecology L & R, Inc. did not sell gasoline or operate the UST system

that was present on the property. In fact, following the

sublease, the UST system was

no longer used or operated by anyone, including the Property Owners.

15. On or about June 18, 1981, Sun Oil Company of Pennsylvania deeded the

real property to

Korlaske.

16. After purchase,

Korlaske, in October

1 981, sold the real estate to Republic

Bank of Chicago Trust # 2234, and Auto Ecology L & R, Inc. continued to operate its

muffler and brake business for a period of time before ceasing business. Since that

time, the property has been vacant.

17. The UST system was in use before November 8, 1984, but was no longer

in use on that date.

Clii 10592635.3

---

-4-

18. Sunoco, as successor to Sun Oil Company of Pennsylvania, owned the

UST system immediately before the discontinuation of its use.

19. The Property

Owners

have conducted soil investigations of the Facility.

The soil investigations indicate that the UST System leaked petroleum-related

substances into the soil and groundwater at the Facility.

20. The Property Owners filed a notification of the release with the Illinois

Emergency Management Agency and a 20-day certification with the Illinois

Environmental Protection Agency.

,21. Property Owners have requested that Sunoco fulfill its legal obligations to

perform corrective action regarding the USTs. Given Sunoco’s

failure

to do so, Property

Owners are proceeding to remediate the contamination caused by the leaking UST

system owned and formerly owned by Sunoco.

COUNT

I

(Violation of 415 ILCS 5/21(a))

22.

The.allegations of paragraphs I to 21 above are incorporated by reference

as though set forth in full.

23.

Section 21(a) of the Act, 415 ILCS 5/21(a), states:

No person shall: (a) Cause or allow the open dumping of any waste.

24.

Section 3.305 of the Act, 415 ILCS 5/3.305, defines open dumping” as

follows:

the consolidation of refuse from one or more sources at a disposal site

that does not fulfill the requirements of a sanitary landfill.

25. Section 3.185 of the Act, 415 ILCS 5/3.185 defines ‘disposal” as follows:

the discharge, deposit, dumping, spilling, leaking or placing of any waste

or hazardous waste into or on any land or water or into any well so that

such waste or hazardous waste or constituent thereof may enter the

CHI 10592635.3

---

-5-

environment or be emitted into the air or discharged into any waters,

including ground waters.

26.

Section 5/3.385 of the Act, 415 ILCS

5/3.385, defines ‘refuse” as ‘waste.”

)

27.

Section 3.535 of the Act, 415 ILCS 5/3.535 defines “waste” as follows:

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

28. Petroleum constituents became a ‘waste” when they were discharged

from the UST system into the soils beneath the Facility, at which time the Facility

became a “disposal site.”

29. Sunoco owned the UST system at the time of the petroleum discharge

and/or otherwise possessed sufficient control or had authority to prevent the discharges

from occurring.

30. Sunoco caused or allowed open dumping of a waste into the environment

by allowing the UST5 to leak petroleum constituents onto the soils and groundwater

beneath the Facility and by allowing the petroleum constituents to remain on the

property.

31.

The acts and omissions as stated above constitute a violation of Section

21 (a) of the Act, 415 ILCS 5/21(a).

WHEREFORE, the Property Owners pray that the Board grant the following

relief:

A. Determine that Sunoco has violated Section 21(a) of the Act, 415 ILCS

5/21(a);

B. Order Sunoco to remediate the petroleum-related contaminated soil and

groundwater;

CH1 10592635.3

---

-6-

C. Order Sunoco to reimburse Property Owners for all costs that they have

incurred and will incur due to the contamination of the Facility; and

D. Order any other relief that the Board deems appropriate.

COUNT II

(Violation of

415 ILCS 5/21(d)(2))

32. The allegations of paragraphs 1 to 30 above are incorporated by reference

as though set forth in full.

33. Section 21 (d)(2)

of the Act, 415 ILCS 5/21 (d)(2) states:

No person shall: . .. (d) conduct any waste-storage, waste-treatment, or

waste-disposal operation . . . (2) in violation of any regulations or

standards adopted by the Board under this Act.

34.

By allowing petroleum constituents to be released from the UST system,

Sunoco conducted a waste-disposal operation at a disposal site that does not fulfill the

requirements of a sanitary landfill and is in violation of regulations and standards

adopted by the Board under the Act.

35. Sunoco violated Section

5/21(d)(2) of the Act, 415 ILCS 5/21 (d)(2).

WHEREFORE, Property Owners pray that the Board grant the following relief:

A. Determine that Sunoco has violated Section 21(d)(2) of the Act, 415 ILCS

5/21 (d)(2);

B. Order Sunoco to remediate the petroleum-related contaminated soil and

groundwater;

C.

Order Sunoco to reimburse Property Owners for all costs that they have

incurred and will incur due to the contamination of the Facility; and

D.

Order any other relief that the Board deems appropriate.

Clii 10592635.3

---

-7-

COUNT Ill

(Violation of 415 ILCS 5/21(e))

36.

The allegations of paragraphs

1 to

35 above are incorporated by reference

as though set forth in full.

37. Section 21(e) of the Act, 415

ILCS 5/21(e), provides:

No person shall:

Dispose, ...

or abandon any waste,

... except at a site

or facility which meets the requirements of this Act and of regulations

and standards thereunder.

38. Sunoco disposed of and/or

abandoned wastes

at the Facility.

39.

The Facility was not a site that met the statutory and regulatory

requirements for disposal or abandonment of wastes.

40.

Sunoco violated Section 5/21(e) of the Act, 415 ILCS 5/21(e), by disposing

and/or abandoning wastes consisting of petroleum constituents and soils contaminated

with petroleum constituents at

the Facility.

WHEREFORE, Property Owners pray that the Board grant the following relief:

A.

Determine that Sunoco has violated Section 21(e)

of the Act, 415 ILCS

5/21(e);

B.

Order Sunoco to remediate the petroleum-related contaminated soil and

groundwater;

C.

Order Sunoco to reimburse Property Owners

for all costs that they have

incurred and will incur due to the contamination of the Facility; and

D.

Order any other relief that the Board deems appropriate.

COUNT IV

(Violation of 415 ILCS 5/57.1

(a) and related regulations)

41. The allegations of paragraphs I to 40 above are incorporated by reference

as though set forth in full.

Clii 10592635.3

---

-8-

42.

Section 57.1(a) of the Act, 415 ILCS 5/57.1(a) states:

An owner or operator of an underground storage tank who meets the

definition of this Title

XVI:

Petroleum Underground Storage Tanks shall

be required to conduct tank removal, abandonment and repair, site

investigation, and corrective action in accordance with the requirements

of the Leaking Underground Storage Tank Program.

43. Section 57.2 of the Act, 415 ILCS 5/57.2, states that owner” shall have

the same definition as that given in Subtitle I of the Hazardous and Solid Waste

Amendments of 1984 of the Resource Conservation and Recovery Act (“RCRA”), 42

U.S.C. § 6901.

44.

The definition of “owner” given under RCRA, 42 U.S.C. §

6991(3)(B), is:

in the case of any underground storage tank in use before November

8,

1984, but no longer in use on November 8, 1984,

any

person who owned

such tank immediately before the

discontinuation

of its use.

45.

The Board has adopted regulations to implement Title XVI of the Act at 35

Ill. Adm. Code Part 732.

46.

Section 732.103 defines “owner” as:

In the case of any underground storage tank in use before November 8,

1984, but no longer in use on that date, any person who owned such

underground storage tank immediately before the discorrttriüatio-n of its

use. (Derived from 42 U.S.C.

§

6991)

47.

Pursuant to the

state and federal RCRA definition, Sunoco is the owner of

the UST System and the other UST5 located on the Facility.

48.

Sunoco has failed to (a) conduct tank removal, (b) abandonment and

repair, (c) site investigation, and (d)

corrective action, in accordance with the

requirements of Title

XVI of the Act and implementing

regulations adopted by the Board

and the Office of State Fire Marshal.

49.

Sunoco has violated Sections 57.1 (a), 57.5, 57.6, and 57.7 of the Act and

implementing regulations adopted

by the Board and the Office of State Fire Marshal.

CHI 10592635.3

---

-9-

WHEREFORE, Property Owners pray that the Board grant the following relief:

A.

Determination that Sunoco has violated Sections 57.1(a), 57.5, 57.6, and

57.7, of the Act, 415 ILCS 5/57.1(a), 5/57.5; 5/57.6 and 5/57.7 and implementing

regulations adopted by the Board and the Office of State Fire Marshal;

B.

Order Sunoco to remediate the petroleum-related contaminated soil and

groundwater;

C.

Order Sunoco to reimburse Property Owners for all costs that they have

incurred and will incur due to the contamination of the Facility; and

D.

Order any other relief that the Board deems appropriate.

Respectfully Submitted,

REPUBLIC BANK

OF CHICAGO,

as

Trustee of Trust # 2234,

ARISTOTLE

HALIKIAS, LENA HALIKIAS, MICHAEL

HALIKIAS, and PATRICIA HALIKIAS, as

beneficiaries of Trust # 2234

By:______

One o~TheiAttorneys

Andrew H. Perellis

SEYFARTH SHAW LLP

55 East Monroe Street

Suite 4200

Chicago, Illinois 60603

(312) 346-8000

CH1 10592635.3

---

ILLINOIS POLLUTION CONTROL BOARD

REPUBLIC BANK OF CHICAGO,

as

)

Trustee of Trust # 2234,

ARISTOTLE

)

HALIKIAS, LENA HALIKIAS, MICHAEL

)

HALIKIAS, NIKOLAS HALIKIAS, NOULA

HALIKIAS, and PATRICIA HALIKIAS, as

)

‘

S

.~

ST E

f

beneficiaries of Trust # 2234,

)

(Citizen s ui U

n orcement)

Complainants,

)

)

V.

)

)

SUNOCO, INC.

(R&M),

Respondent.

AFFIDAVIT OF SERVICE

The undersigned, an attorney, states that he caused a copy of the attached (i)

COMPLAINT, (ii) APPEARANCE, and (iii) NOTICE OF FILING, to be served upon the

following by Certified Mail, Return Receipt Requested, from 55 East Monroe St.,

Chicago, Illinois 60603, this z..f’day of October, 2003:

SUNOCO, INC. (R&M)

c/o CT Corporation System, Registered Agent

208 South LaSalle Street

Chicago, Illinois 60604

Andrew H. Perellis

SUBSCRIBED TO AND SWORN BEFORE ME

THISo~/~DAYOF OCTOBER, 2003

___1~D~E~ON

NOTARY PUBLIC~~7

~NOTARY PUBLIC, STATEOF IWNOIS ~

~

Clii 10592635.3