PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
-vs-
4832 S. VINCENNES, L.P., an
Illinois limited partnership, and
BATTEAST CONSTRUCTION COMPANY OF
ILLINOIS, INC., an Illinois
corporation,
Respondents.
TO: Mr. G±~egoryV. Miller, Esq. Mr. Zachary Hamilton
Attorney for Respondent
Attorney for Respondent
4832 5. Vincennes, L.P.
Batteast Const. Co. of Ill.
Miller and Ferguson
3340 E. Forest View Trail
9415 South State Street
Crete, IL. 60417
Chicago, Ii. 60619
NOTICE
OF FILING
PLEASE TAKE NOTICE that we have today, October 6, 2003 filed
with the Office of the Clerk of the Illinois Pollution Control
Board an original and nine copies of our Motion for leave to file
a First Amended Complaint, a copy of which is attached herewith
and 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 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.
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available
through the Illinois Environmental facilities financing act 20
ILCS 3515/1
et seq.J
to correct the alleged pollution.
CLER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OC~0
~
6
2003
STATE
OF
ILLINOIS
Contra1
BOard
No. 04-7
(Enforcement
-
Air)
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General of the
State of Illinois
BY:
PA LA BECK~. WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th
Flr.
Chicago, IL 60601
(312) 814-1511
THIS FILING IS MADE ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RE
CLERK’S
CE IV
OFFICE
ED
OCT ~62003
PEOPLE OF THE STATE OF ILLINOIS,
STATE OF ILUNOIS
Complainant,
Pollution
Control Board
-vs-
No. 04-7
4832 5. VINCENNES, L.P., an
)
(Enforcement
-
Air)
Illinois limited partnership, and
BATTEAST CONSTRUCTION COMPANY OF
ILLINOIS, INC., an Illinois
corporation,
Respondents.
MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, and hereby moves
the Board, pursuant to Section 101.500 of the Illinois Pollution
Control Board’s Rules and Regulations, 35 Ill. Adm. Code 101.500,
and Section 2-616 of the Illinois Code of Civil Procedure, 735 ILCS
5/2-616 (2002)
,
for an order granting it leave to file its first
amended complaint. In support of its motion, Complainant states as
follows:
1. On July 14, 2003, Compla±nant(”People”) filed its initial
complaint against Batteast Construction Company of Illinois, Inc.,
(“Batteast of Illinois”)
.
The complaint alleges that Batteast of
Illinois is an Illinois corporation that operated and managed the
renovation of a residential building from about August of 2001
through at least February of 2002 at 4832~S.Vincennes, Chicago,
Cook County, Illinois, wherein asbestos containing materials were
found(”Site”)
1
2. The allegations in the complaint state that in Count I
Batteast of Illinois managed or conducted the renovation of t~he~iu?~
and therefpre caused, threatened or allowed the discharge or
emission of asbestos in the air so as to cause or tend to cause air
pollution in violation of Section 9(a) of the Environmental
Protection Act, (“Act”), 415 ILCS 9(a)2002. Count II alleges that
as operator of the Site, Batteast of Illinois failed to conduct a
thorough inspection of the facility for the presence of asbestos,
failed to remove all regulated asbestos containing materials
(“RACM”) from the site before the activity began that would break up
the material, and failed to adequately wet all the RACM and ensure
that it remained wet until collected in violation of Section 9.1(d)
of the Act, 415 ILCS 9.1(d) (2002) and 40 CFR 61.145(a), (c)(l) and
(c) (6).
3.
Ms. Valerie Batteast-Flemming is the President of
Batteast Construction Company of Illinois, Inc. She is also a
principal although not President of Batteast Construction Company,
Inc. (“Batteast”)
.
Her father, Robert Batteast, is the President.
This company is an Indiana corporation licensed to do business in
Illinois. Ms. Batteast-Flemming coordinates and manages this
company for her father. The registered agents for each of the two
corporations is the same: Charles Murdock, 1 East Pearson, Chicago,
Il. 60611, according to the Secretary of State records.
4. On information and belief, pursuant to statements made by
Ms. Batteast-Flemming, Batteast Construction Company, Inc. is the
2
proper respondent in this case and performed the renovation at the
SLte. Batteast has an office located at 1900 W. Van Buren, Suite
2G25, Chicago, Illinois which serves as one of the local Illinois
offices used by the Indiana corporation. This office was used as
the location from which the 4832 5. Vincennes renovation was
coordinated by Batteast.
5. On or around September 22, 2003, Batteast Construction
Company of Illinois filed a motion to dismiss it from this case as
being a wrongly named party. This motion should be read in
conjunction with the Motion to Dismiss.
6. Section 2-616 of the Code of Civil Procedure provides, in
relevant part:
(a) At any time before final judgment
amendments may be allowed on just and
reasonable terms, introducing any party who
ought to have been joined as plaintiff or
defendant, dismissing any party, changing the
cause of action or defense or adding new
causes of action or defenses, and in any
matter, either of form or substance, in any
process, pleading, bill of particulars or
proceedings, which may enable the plaintiff
to sustain the claim for which it was
intended to be brought or the defendant to
make a defense or assert a cross claim.
(b) The cause of action, cross claim or
defense set up in any amended pleading shall
not be barred by lapse of time under any
statute or contract prescribing or limiting
the time within which an action may be
brought or right asserted, if the time
prescribed or limited had not expired when
the original pleading was filed, and if it
shall appear from the original and amended
pleadings that the cause of action asserted,
or the defense or cross claim interposed in
the amended pleading grew out of the same
3
transaction or occurrence set up ‘in the
original pleading.
7. Based on what the People now believes is more accurate
information as to the identity of the operator and manager of the
renovation of the Site, the People now seek to dismiss Batteast
Construction Company of Illinois, Inc. as a respondent and substitute,
for the reasons set forth above, Batteast Construction Company, Inc.
8. A proposed First Amended Complaint, which dismisses Batteast.
Construction Company of Illinois as a respondent and substitutes
Batteast Construction Company, Inc. as respondent, is attached to and
incorporated by reference into this motion as Exhibit 1.
9. Section 2-616(b) of the Code of Civil Procedure provides that
the amendment is not time barred so long as the initial complaint was
timely filed and the cause of action asserted in the amended pleading
grew out of the same transaction or occurrence set up in the original
pleading.
10. There is no statute of limitations applicable to enforcement
actions brought under the Act. Thus, the People’s initial complaint
was timely filed. Moreover, the People’s claims of violations of the
Act and request civil penalties that the People seek to assert in the
amended complaint grows out of the same transaction or occurrence
—
the renovation of the Site which contained asbestos
-
that gave rise
to the original complaint. Accordingly, the requirements of Section
2-616 are satisfied, and amendment should be allowed.
4
WHEREFORE, complainant, PEOPLE OF THE STATE OF ILLINOIS, moves
for an order granting it leave to file its First Amended Complaint,
instanter.
PEOPLE OF THE STATE OF ILLINOIS,
By LISA MADIGAN, Attorney
General of the State of Illinois
By:
~
£J~
~
PAUI~A BECKER WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Fl.
Chicago, Illinois 60601
(312) 814-1511
CERTIFICATION
Under penalties as provided by law pursuant to Section 1-109 of the
Illinois Code of Civil Procedure, the undersigned certifies that the
statements set forth in this motion are true and correct, except as to
matters therein stated to be on information and belief and as to such
matters theundersigned certifies as aforesaid that she believes the
same to be true.
PAULA BECKER WHEELER
Assistant Attorney General
5
BEFORE THE ILLINOIS POLLUTION CONTROL J3OARD CLERK~OF1~1C~
OCT O~2OO3
PEOPLE OF THE STATE OF ILLINOIS,
STATE OF IWNOIS
Complainant,
)
Pollution Control Board
-vs-
No. 04-7
4832 S. VINCENNES, L.P., an
)
(Enforcement
-
Air)
Illinois limited partnership, and
BAI’TEAST CONSTRUCTION COMPANY, INC.,)
an Indiana corporation,
Respondents.
FIRST AMENDED
COMPLAINT
Complainant, People of the State of Illinois, by LISA
MADIGAN, Attorney General of the State of Illinois, complains of
Respondents, 4832 S. VINCENNES, L.P., an Illinois limited
partnership, and BATTEAST CONSTRUCTION COMPANY, INC., an Indiana
corporation, as follows:
COUNT I
AIR POLLUTION
1. This First Amended Complaint is brought on behalf of
the 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 EPA pursuant to Section 31 of the
Illinois Environmental Protection Act, 415 ILCS 5/31 (2002)
(“Act”)
2. The Illinois EPA is an administrative agency
established in the executive branch of the State government by
SectiOn 4 of the Act, 415 ILCS 5/4 (2002), and charged,
inter
aia,
with the duty of enforcing the Act.
3.
At all times relevant to this Complaint, Respondent,
4832 5. Vincennes, L.P. (“Vincennes”) was and is the owner of the
property and building located at 4832 South Vincennes Avenue,
Chicago, Cook County, Illinois
(“Site”).
The building is a
residential four story
brick apartment building, containing s:i.xt.y
seven(67) units.
4. On information and belief, at all times relevant to
this Complaint, Respondent, Batteast Construction Company, Inc.,
(“BatteaSt”) was the operator and manager of the renovation of
the Site. Batteast is an Indiana corporation, licensed to do
business in the State of Illinois.
5. On or about August of 2001, or a time better known to
the Respondents, the Respondents began the renovation of the
Site.
6. On or about December of 2001, or at a time better known
to the Respondents, in the course of the renovation, when
replacing the floors on the first floor, Batteast discovered
suspect asbestos-containing material(”ACM”) in the basement area.
7. After the discovery, Batteast contacted two asbestos
contractors to bid on the removal of 3750 linear feet of ACM
thermal system insulation, and 480 square feet of ACM surface
material on the boiler.
2
8.
After the discovery of the suspect ACM, the Respondents
continued to employ workers on the site to complete the
renovation.
9. On January 31, 2002, the Illinois EPA performed an
inspection of the building on the Site.
10. On information and belief, no asbestos contractors had
been hired by the Respondents as of January 31, 2002.
11. On January 31, 2002, there was dry, friable suspect TM
on the pipes and on the floor of the basement. The suspect ACM
appeared in very poor condition and was falling off the pipes.
Demolition debris from the first floor had fallen through and
disturbed a significant amount of the suspect ACM. Various
samples from the basement area were later tested and were
positive for 55-75 chrysotile asbestos.
12. On January 31, 2002, Vincennes refused to stop work, and
Respondent Eatteast continued to work on the premises.
13. On January 31, 2002, there were several workers at the
Site doing work in and around the first floor area. Most of the
windows and doors were open to the atmosphere. None of the
workers were wearing personal protective equipment or were
utilizing any emission control measures.
14. After the inspection on January 31, 2002, the City of
Chicago, which was providing some of the funding for the
renovation, was contacted.
3
15.
On February 5, 2002, the City of Chicago issued a stop
work order and the renovation work ceased at the site.
16.
On February 14, 2002, an approved asbestos abatement
and rernediation plan commenced, and was completed on February 19,
2002.
17. The total amount of ACM removed was 2400 linear feet of
disturbed ACM, and 6000 square feet of ACM tiles.
18. Section 9(a) of the Act, 415 ILCS 5/9 (a) (2002)
provides 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;
19. Section 201.141 of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 201.141, provides as follows:
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
.
20. Section 3.115 of the Act, 415 ILCS 5/3.115 (2002),
defines air pollution as:
‘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
4
property, or to unreasonably interfere with the
enjpyment of life or oroperty.
21. Section 3.165 of the Act, 415 ILCS 5/3.165 (2002),
defines contaminant as:
“CONTAMINANT” is any solid, liquid, or gaseous matter,
any odor, or any form of energy, from whatever source.
22. Section 3.315 of the Act, 415 ILCS 5/3.315 (2002),
defines person as:
“PERSON” is 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.
23. Respondents are “persons” as that term is defined in
Section 3.315 of the Act, 415 ILCS 5/3.315(2002).
24. Asbestos is a “contaminant” as that term is defined by
Section 3.165 of the Act, 415 ILCS 5/3.165 (2002)
25. From December of 2001, or a date better known to
Respondents, through at least February 5, 2002, Respondents
caused or allowed dry friable asbestos containing material to
enter into the environment.
26. As the owner of the property on which the renovation
activity was taking place, the Respondent, Vincennes, caused,
threatened or allowed the discharge or emission of asbestos into
the environment so as to cause or tend to cause air pollution in
that dry, friable asbestos fibers were released into the
atmosphere during the renovation activities.
5
27. As the party that conducted or managed the renovation
activities, the Respondent, Batteast, caused, threatenod
~
allowed the discharge or emission of asbestos into the
environment so as to cause or tend to cause air pollution in that
dry, friable asbestos fibers were released into the atmosphere
during renovation activities.
28. By allowing dry friable asbestos containing materia1~
to remain in a friable state, exposed to the environment,
Respondents have caused or allowed air pollution in Illinois in
violation of Section 9(a) of the Act, 415 ILCS 5/9(a) (2002) and
35 Ill. Adm. Code 201.141.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondents, 4832 5. VINCENNES, L.P., and EATTEAST CONSTRUCTION
COMPANY, INC., on this Count I:
1. Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2. Finding that Respondents 1~iave caused or allowed
violations of Section 9(a) of the Act and 35 Ill. Adm. Code
201.141;
3. Ordering the Respondents to cease and desist from any
further violations of Section 9(a) of the Act and 35 Ill. Adm,
Code 201.141;
6
4. Assessing a civil penalty of $50,000.00 against each
Respondent for each violation of the Act and pertinent Board
regulations, with an additional penalty of $10,000.00 per day for
each day that the violations continued;
5. Taxing all costs in this action, including expert
witness, consultant and attorneys fees, against Respondents; and
6. Granting such other relief as the Board deems
appropriate and just.
COUNT
II
FAILURE
TO INSPECT AND TO FOLLOW PROPER EMISSION CONTROL
PROCEDURES
1
-
22.
Complainant realleges and incorporates herein by
reference paragraphs 1 through 17 and 20 through 24 of Count I as
paragraphs 1 through 22 of this Count
II.
23. Section 9.1(d) (1) of the Act,
415 ILCS 5/9.1(d) (1)
(2002)
,
provides as follows:
No person shall:
1. Violate any provisions of Sections 111, 112, 165,
173 of the Clean Air Act, as now or hereafter
amended, or federal regulations adopted pursuant
thereto.
24. Pursuant to Section 112(b) (1) of the Clean Air Act
(“CAA”)
,
42 USC 7412 (b) (1), the Administrator of the United
States Environmental Protection Agency (“USEPA”) has listed
asbestos as a hazardous air pollutant.
7
25.
Section 112(d) of the CAA, 42 USC 7412(d), titled,
Emiso~S~tanr~d~, provides in pertinent part as follows:
1.
The Administrator shall promulgate
regulations
establishing emission standards for each category
or subcategory of major sources and area sources of
hazardous air pollutants listed for regulation.
26. Section 112 (h) of the CAA, 42 USC 7412 (h)
,
titled, Work
practice Standards and Other Reciuirements, provides in pertinent
part as follows:
1. Fo.r the purposes of this section, if it is noL
feasible in the judgment of the Administrator to
prescribe or enforce an emission standard for
control of a hazardous air pollutant or pollutants,
the Administrator may, in lieu thereof, promulgate
a design, equipment, work practice, operation
standard, or combination thereof, which in the
Administrator’s judgment is consistent with the
provisions of subsection (d) or (f) of this section
27. On June 19, 1978, the Administrator determined that
work practice standards rather than emission standards are
appropriate in the regulation of asbestos, 43 Fed. Reg. 26372
(1978)
,
and therefore, pursuant to Section 112 of the CAA, the
USEPA has adopted National Emission Standards for Hazardous Air
pollutants (NESHAP5)
,
including asbestos, 40 CFR 61, Subpart N.
28. Section 61.141 of the USEPA’s NESHAPs, 40 CFR 61.141
(July 1, 1997)
,
provides, in part, as follows:
All terms that are used in this subpart and are not
defined below are given the same meaning as in the Act
and in subpart A of this part.
8
Asbestos
means the asbestiform varieties of serpentinite
(chrysotile), riebeckite (crocidolite), cummingtonite-
grunerite, anthophyllité, and actinolite-tremolite.
Category II nonfri able ACM
means any material, excluding
Category I nonfriable ACM, containing more than 1 percent
asbestos as determined using the methods specified in
appendix A, subpart F, 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 (including any structure, installation or
building containing condominiums or individual dwelling
units operated as a residential cooperative, but
excluding residential buildings having four or fewer
dwelling units); any ship; and any active or inactive
waste disposal site. For purposes of this definition,
any building, structure, or installation that contains a
loft used as a dwelling is not considered a residential
structure, installation, or building. Any structure,
installation or building that was previously subject to
this subpart is not excluded, regardless of its current
use or function.
Friable asbestos material
means any material containing
more than 1 percent asbestos as determined using the
method specified in appendix A, subpart F, 40 CFR 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.
9
Regulated asbestos-containing material
(RACM) means (a)
thatFriablehasasbestosbecome friable,material, (c)(b) CategoryCategory II nonfria.bL:nonfr~Y~1
that will be or has been
subjected to sanding, grinding,
cutting or abrading, or (d) Category II nonfriable ACM
that has a high probability of becoming or has become
crumbled, 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 our RACM or facility components that
contain or are covered with RACM from any facility.
Renovation
means altering a facility or one or
facility components in any way, including the striJ~Jp.~
or removal of RACM from a facility component. Operations
in which load-supporting structural members are wrecked
or taken out are demolitions.
29. The building as referenced herein is a “facility” as
that term is defined in 40 CFR 61.141.
30. The replacement of the floors at the building
constitutes a “renovation” as that term is defined in 40 CFR
61.141.
31. Respondent Vincennes, as the owner of the building, was
the “owner” of the renovation activities, as that term is defined
in 40 CFR 61.141.
32. Respondent Batteast, as the person that operated,
controlled or supervised the renovation activities, was the
“operator” of the renovation activities, as that term is defined
in 40 CFR 61.141.
33. Section 61.145(a) of Title 40 of the Code of Federal
Regulations, 40 CFR 61.145(a) (July 1, 1998), as adopted in
10
Section 9.1(d) of the Act, titled, Standard for demolition and
renovation: provides, in pertinent part, as follows:
(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.
**
*
34. Section 61.145(c) (1) of USEPA’s NESHAPs, 40 CFR
61.145(c) (1) (July 1, 2002), titled, Standard for demolition and
renovation: Procedures for asbestos emission control, provides
in pertinent part as follows:
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:
(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.
***
35. Section 61.145(c) (6) of USEPA’s NESHAPs, 40 CFR
61.145(c) (6) (July 1, 2002), as adopted in Section 9.1(d) of the
Act, titled, Standard for demolition and renovation: Procedures
for asbestos emission control, provides, in pertinent part, as
follows:
11
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:
***
*
(6) For all RA.CM, 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;
.
**
*
36. Respondents, as owners and operators of a renovation
activity, failed to conduct a thorough inspection of the facility
for the presence and location of asbestos before commencing
renovation activities in violation of the Clean Air Act, or more
specifically the NESHAP for asbestos and therefore were in
violation of Section 9.1(d) (1) of the Act, 415 ILCS
5/9.1(d) (1) (2002) and 40 CFR 61.145(a).
37. Respondents, as owners and operators of a renovation
activity, failed to remove all PACM. from a facility being
renovated or demolished before an activity began that would break
up, dislodge, or similarly disturb the material or preclude
access for subsequent removal in violation of the Clean Air Act,
or more specifically the NESHAP for asbestos and therefore are in
violation of Section 9.1(d) (1) of the Act, 415 ILCS 5/9.1(d) (1)
(2002) and 40 CFR 61.145(c) (1)
12
38.
Respondents failed to adequately wet all RACM and
ensure that it remained wet until collected and contained or
treated in preparation for disposal in violation of Section
9.1(d) (1) of the Act, 415 ILCS 5/9.1(d) (1) (2002) and 40 CFR
61.145(c) (6).
39. The Respondents, by the actions or inactions as alleged
herein, have violated Section 9.1(d) (1) of the Act, 415 ILCS
5/9.1(d)
(1) (2002), and 40 CFR 61.145(a), (c) (1), and (c) (6).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectful.ly requests that the Board enter an order against
Respondents, 4832 S. VINCENNES, L.P., and BATTEAST CONSTRUCTION
COMPANY, INC., on this Count II:
1. Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations herein;
2. Finding that Respondents have caused or allowed
violations of Section 9.1(d) (1) of the Act, 415 ILCS 5/9.1(d) (1)
(2002)
,
and 40 CFR 61.145(a)
,
(c) (1)
,
and (c) (6) ;
3. Ordering the Respondents to cease and desist from any
further violations of Section 9.1(d) (1) of the Act and 40 CFR
61.145(a), (c) (1), and (c) (6);
4. Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00) against each Respondent for each and every violation
of the Act and pertinent regulations, with an additional penalty
13
of Ten Thousand Dollars ($10,000.00) per day for each day of
violation;
5.
Ordering Respondents to pay all costs, including
attorney, expert witness and consultant fees expended by the
State in its pursuit of this action; and
6.
Granting such other relief as this Board deems
appropriate and just
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW
J. DUNN,
Chief
Environmental Enforcement/Asbestos
.gation Division
Of Counsel:
PAULA
BECKER
WHEELER
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago, IL 60601
(312) 814-1511
By:
C
Assistant Attorney General
14
CERTIFICATE OF SERVICE
I, PAULA BECKER WHEELER, an attorney, do certify that I
caused to be served this 6th day of October, 2003, the foregoing
Motion for leave to file its First Amended Complaint and Notice
of Filing upon the persons listed on said Notice, by Certified
Mail
arid
regular U.S. Mail.
~
PAULA BECKER WHEELER
