RE CE ~VED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC
292003
PEOPLE OF THE STATE OF ILLINOIS,
ex
rel.
LISA MADIGAN, Attorney
)
STATE OF IWNOIS
General
of
the
State
of
Illinois,
)
Pollution
Control
Board
Complainant,
v.
)
No.
PCB 04-
JØ’/
PETER BABANIOTIS,
an individual,
)
(Enforcement-Land,
Water)
Respondent.
NOTICE
OF
FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on December
29,
2003,
2003,
we filed with
the Illinois Pollution Control Board a Complaint,
a true and correct
copy
of
which
is
attached
and
hereby
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.
Financing
to
correct
the
violations
alleged
may
be’
available
through the Illinois Environmental Facilities Financing Act 20 ILCS
3515/1,
et
seq.
Respectfully
submitted,
LISA
MADIGAN
Attorney General
State
of
Illinois
BY:
Christopher ~Jf ~erzan
Assistanr~Etbj~eyGeneral
Environmental Bureau
188
W.
Randolph
St.,
20th
Floor
Chicago,
Illinois
60601
(312)
814-3532
Mr. Peter Babaniotis
101 East Je~f’ersonStreet
Shorewood,
Illinois 60435
Mr.
James Regas
Regas Frezados & Dallas
ill
W. Washington
St.
Chicago,
Illinois 60602
SERVICE
LIST
ERRg
~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEc
2
9
200
PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN, Attorney
)
STATE
OF
ILLINO
General of the State of Illinois,
)
POllution
Contr
Complainant,
v.
)
No.
PCB 04-
JO
PETER BABANIOTIS, an individual,
)
(Enforcement-Land,
Water)
Respondent.
COMPLAINT
NOW COMES the Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
by
LISA MADIGAN, Attorney General of the State of
Illinois,
complains
of Respondent,
PETER BABANIOTIS,
as follows:
COUNT
I
WATER POLLUTION
1.
This 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
Environmental Protection Agency
(“Illinois
EPA”)
pursuant to the terms
and provisions of Subsections 42(d)
and
(e)
of the Illinois
Environmental Protection Act
(“Act”),
415 ILCS 5/42(d)
and
(e) (2002),
and is an action to restrain ongoing violations of the Act and for
civil penalties.
2.
The Illinois EPA is an administrative agency of the
State of Illinois, created pursuant to Section 4 of the Act,
415
ILCS 5/4
(2002),
and charged,
inler alia,
with the duty of
enforcing the Act.
3.
Respondent,
PETER BABANIOTIS
is an individual and is a
resident of Shorewood,
Will County,
Illinois.
4.
Respondent was,
at all times relevant to this complaint,
an
owner and operator of two gasoline underground storage tanks
(“UST5”)
located at 101 E.
Jefferson Street,
Shorewood,
Will County,
Illinois
(“Site”)
.
The Site is the location of a former Citgo gasoline
station.
5.
On or about January
9,
1993,
the United States Environmental
Protection Agency
(“U.
S.
EPA”)
received complaints from two residents
concerning vapors in the vicinity of the Site.
6.
Representatives from the Office of the State Fire Marshal,
Illinois EPA and the Shorewood Fire Department responded to and
investigated the complaints.
7.
The initial investigation revealed the presence of
hydrocarbon vapors in the residences.
Further investigation revealed
the presence of gasoline odor and free gasoline product in the sewer
system near the complaining residents.
The Shorewood Fire Department
traced the sewer system back to the Site.
Gasoline and gasoline vapor
is an ignitable substance.
8.
Samples of a monitoring well on the east side of the Site
revealed approximately 2 to
3 millimeters of free gasoline product
atop the water in the monitoring well.
9.
Tank tightness tests measure the integrity of a UST against
leaks.
On January 15,
1993 tank tightness tests were performed on six
USTs located at the Site.
Two of the USTs failed the tank tightness
test,
indicating their potential to leak.
10.
Compliance Inquiry Letters dated March 25,
1993 and October
31, 1994 were sent to the Respondent alleging statutory and regulatory
2
violations and requesting the Respondent to take steps to abate the
violations.
11.
On December
5,
1994 all six of the UST5 were removed from
the Site.
-
12.
During the removal,
an Illinois EPA official observed that a
rubber hose joined the supply lines to the dispensers.
The Illinois
EPA official also observed that one of the tanks had been patched in a
poor manner.
l3~. During the removal, gasoline-related contamination was
observed above the water table.
Also,
between December 5 and
9,
1994,
approximately 1500 cubic yards of soils contaminated with benzene were
removed from the Site.
Contaminated soils remained at the Site after
the removal, and still remain.
14.
The Village of Shorewood instituted a proceeding in Circuit
Court
(Village of Shorewood v.
Chicago Title and Trust Company,
Peter
Babaniotes,
Chris Babaniotes,
Tom Babaniotis and Unknown Owners,
No.
94 MR 3086
(Will County))
.
The Court issued an order on December 19,
1995 requiring the Respondents in that proceeding to hire an
environmental consultant,
conduct soil borings and a groundwater
evaluation and submit
a Corrective Action Plan
(“CAP”)
to the Illinois
EPA.
15.
The Respondent ultimately submitted a preliminary CAP to the
Illinois EPA in November 1997.
On December 11,
1997 the consultant to
the Respondent advised the Illinois EPA that the Respondent did not
intend to implement the November 1997 CAP.
16.
The Respondent submitted a subsequent CAP dated April
8,
3
1998.
The Illinois EPA denied the CAP by letter of May 20,
1998.
The
Respondent did not appeal the denial.
17.
At no time relevant to this complaint has the Respondent
received approval from the Illinois EPA for a CAP relating to
the’
Site.
The soils at the site continue to be contaminated to the date
of the filing of this Complaint.
18.
Section 3.545 of the Act,
415 ILCS 5/3.545
(2002),
contains
the following definition:
“WATER POLLUTION”
is such alteration of the physical,
thermal, chemical, biological,
or radioactive
properties
of any waters of the State,
or such
discharge of any contaminant into any waters of the
State,
as will or
is likely to create
a nuisance or
render such water harmful or detrimental or injurious
to public health,
safety or welfare,
or to domestic,
commercial,
industrial,
agricultural,
recreational,
or
other legitimate uses,
or to livestock,
wild animals,
birds,
fish,
or other aquatic life.
19.
Section 3.315 the Act,
415 ILCS 5/3.315(2002), contains the
following definition:
“Person” means any individual,
trust,
firm,
joint
stock company, corporation (inducing a government
corporation),
partnership,
association,
State,
municipality,
commission, political subdivision of a
State,
federal government,
or interstate body.
20.
Respondent is
a person as that term is defined in 415 ILCS
5/3.315(2002).
21.
Section 3.550
of the Act,
415 ILCS 5/3.550
(2002),
contains
the following definition:
“WATERS” means all accumulation of water, surface and
underground,
natural, and artificial, public and
private,
or parts thereof, which are wholly or
partially within,
flow through,
or border upon this
State.
22.
Section 3.165 of the Act,
415 ILCS 5/3.165
(2002),
contains
4
the following definition:
“Contaminant”
is any solid,
liquid,
or gaseous matter,
any odor,
or any form of energy,
from whatever source.
23.
Section 12(a)
of the Act,
415 ILCS 5/12(a)
(2002), provides
as follows:
No person shall:
a.
Cause or threaten or allow the discharge of
any contaminants into the environment in
any State so as to cause or tend to cause
water pollution in the State
of Illinois,
either alone or in combination with matter
from other sources,
or so as to violate
regulations or standards adopted by the
Pollution Control Board under this Act;
24.
The rules of the Pollution Control Board
(“PCB rules”)
establish a limit for benzene in Class
I groundwater of
5 ppb.
35
Ill. Adm.
Code 620.410(b)
.
The PCB rules establish a limit for
ethylbenzene of 700 ppb.
35
Ill. Adm.
Code 620.410(b)
25.
Benzene is
a known human carcinogen and can cause other non-
cancerous adverse health effects in humans.
26.
Ethylbenzene can cause adverse health effects in humans.
27.
Samples of groundwater taken at the Site on July 23,
1997
indicated the presence of benzene and ethylbenzene.
Benzene levels
were found at the levels of 2,500 parts per billion
(“ppb”)
at
monitoring well
(“MW”)-6,
920 ppb at MW-7,
and 830 ppb at MW-B.
Ethylbenzene levels were found at 870 ppb at MW-7.
MW-6,
MW-7 and MW-
8
are located downgradient from the location of the UST5.
28.
Samples of groundwater taken at the Site on May 24,
2002,
indicate the presence of benzene at levels of 17 ppb in MW-6,
570 ppb
at MW-7 and 620 ppb at MW-8.
Ethylbenzene was present at the level
of
5
8~Oppb at MW-8.
29.
The gasoline and other substances from the USTs constitute
“contaminants” as that term is defined at Section 3.165 of the Act,
415 ILCS 5/3.165
(2002).
30.
The groundwater impacted by the release of contaminants from
the Site constituted waters as that term is defined in Section 3.550
of the Act,
415 ILCS 5/3.550
(2002)
31.
The presence of gasoline and other contaminants in the
groundwater constituted water pollution as that term is defined at
Section 3.545 of the Act,
415 ILCS 5/3.545
(2002).
32.
From at least January 1993 or a date better known to
Respondent and continuing to the date of the filing of this complaint,
the release and presence of gasoline and other substances and
contaminants in the groundwater at and near the Site constituted a
violation of Section 12(a)
of the Act,
415 ILCS 5/12 (a) (2002)
WHEREFORE,
PEOPLE OF THE STATE OF ILLINOIS, respectfully requests
that the Board enter an order in favor of the Complainant and against
the Respondent on this Count
I,
and:
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations alleged
herein;
2.
Finding that Respondent violated Section 12(a)
of the
Act;
3.
Ordering Respondent to cease and desist from further
violations of Section 12(a)
of the Act;
4.
Ordering Respondent to remediate the groundwater at and
6
from the Site;
5.
Assessing against Respondent a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act,
and
regulations promulgated thereunder, with an additional penalty of
Ten Thousand Dollars
($10,000.00)
for each and every day of
violation;
6.
Ordering Respondent to pay all costs including attorney,
-
expert witness and consultant
fees expended by the State in pursuit
of
this action; and
7.
Granting such additional relief as the Board deems
appropriate and just.
COUNT II
CREATION OF A WATER POLLUTION HAZARD
1-23.
Complainant realleges and incorporates herein by
reference paragraphs
1 through 22 and 29 of Count I as paragraphs
1
through 23
of this Count II.
24.
Section 12 of the Act,
415 ILCS 5/12(2002)
provides,
in
pertinent part,
as follows:
No person shall:
*
*
*
d)
Deposit any contaminants upon the land in such
place and manner as to create
a water pollution
hazard.
25.
The contaminants that leaked from the USTs to the soils and
groundwater and that remain at the Site have created and continue to
create a water pollution hazard.
The potential to create further
water pollution.
26.
As of the date of the filing of this Complaint Respondent
7
has not remediated the soils and groundwater.
The facts
as alleged in
this count constitute the creation of a water pollution hazard in
violation of Section 12(d)
of the Act,
415 ILCS 5/12(d) (2002).
WHEREFORE,
Complainant,
PEOPLE OF THE ‘STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of the
Complainant and against the Respondent on this Count
II,
and:
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegatiOns alleged
herein;
2.
Finding that Respondent ‘violated Section
12 (a)
of the
Act and 35 Il1.Adm. Code 302.203,
302.208(g)
and 302.212 (a);
3.
Ordering Respondent
to cease and desist from further
violations of Section 12(a)
of the Act and 35 I1l.Adm. Code
302.203,
302.208(g)
and 302.212(a);
4.
Ordering Respondent to remove all contaminated soils and
to remediate the contaminated groundwater at and from the Site.
5.
Assessing against Respondent
a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act,
and
regulations promulgated thereunder, with an additional penalty of
Ten Thousand Dollars
($10,000.00)
for each and every day of
violation;
6.
Ordering Respondent to pay all costs including attorney,
expert witness and consultant fees expended by the State in pursuit
of this action; and
7.
Granting such additional relief as the Board deems
appropriate and just.
8
COUNT III
FAILURE TO REMOVE FREE PRODUCT
A1~DTO SUBMIT REPORT
1-22.
Complainant’ realleges and incorporates herein by
reference paragraphs
1 through 17,
22 through 23 and 27 through 29 of
Count
I as paragraphs
1 through 22 of this Count
III.
23.
Pursuant to the authority granted in Section 22.4(d)of the
Act,
415 ILCS 5/22.4(d)
(2002),
the Board has promulgated rules to
control releases from UST5 at 35 Ill.
Adm.
Code Part 731
(“Board
rules”)
24.
Section 731.160 of the Board rules provides as follows:
Owners and operators of petroleum or hazardous substance UST
systems must,
in response to a confirmed release from the
UST system,
comply with the requirements of this Subpart
except for UST5 excluded under Section 731.110(b)
and UST
systems subject to RCRA corrective action requirements under
35
Ill. Adm.
Code 724.200,
724.296,
725 Subpart
G.
25.
The UST5 at the Site are within that category covered by the
requirements of 35
Ill. Adm.
Code 731.160.
26.
Section 731.112 of the Board rules,
35
Ill. Adm.
Code
731.112, provides the following pertinent definitions:
“Free product” refers to a regulated substance that
is
present as a nonaqueous liquid phase
(e.g., liquid not
dissolved in water.)
“Operator” means any person in control of,
or having
responsibility for,
the daily operation of the UST
system.
“Owner” means:
In the case of an UST system in use on November
8,
1984,
or brought into use after that date,
any person
who owns an UST system used for storage, use or
dispensing of regulated substances;
and
9
In the case of any UST system in use before November
8,
1984,
but no longer
in use on that date,
any person
who owned such UST immediately before the
discontinuation of its use.
“Person” means an individual,
trust,
firm,
joint stock
company,
federal agency,
corporation,
state,
unit of local
government, commission, political subdivision of
a state or
any interstate body.
Person,
also includes a consortium,
a
joint venture,
a commercial entity and the United States
Government.
“Underground storage tank”
or “UST” means any one or
combination of tanks
(including underground pipes connected
thereto) which is used to contain an accumulation of
regulated substances, and the volume of which(including the
volume of the underground pipes connected thereto)
is
ten.
per centum or mote beneath the surface of the ground.
“UST system” or
“Tank system” means an underground storage
tank,
connected underground piping, underground ancillary
equipment,
and containment system,
if any.
27.
The Respondent
is
a person,
an owner and an operator as
those terms are defined at 35
Ill. Adm. Code 731.112.
28.
The USTs at the Site constituted UST5 and,
along with
associated piping,
a UST System within the definitions of 35 Ill.
Adm.
Code 731.112.
29.
During the initial investigation and at the removal of the
USTs,
free product,
as that term is defined in 35
Ill. Adm.
Code
731.112, was observed at the site in the form of undissolved gasoline.
30.
Section 731.164 of the Board rules,
35
Ill. Adm.
Code
731.164, provides as follows:
At sites where investigation under Section 731.172 (a) (6)
indicate the presence of free product, owners and operators
shall remove free product
to the maximum extent practicable,
while continuing,
as necessary’,
any action initiated under
Section 731.161 through Section 731.163,
or preparing for
actions required under Section 731.165 through Section
731.166.
In meeting the requirements of this Section owners
and operators must:
10
a)
Conduct free product removal
in a manner that
minimizes the spread of contamination into previously
uncontaminated zones by using recovery and disposal
techniques appropriate to the hydrogeologic conditions
at the site,
and that properly treats,
discharges or
disposes of recovery byproducts in compliance with
applicable local,
state and federal regulations;
b)
Use abatement of free product migration as
a minimum
objective for the design of the free product’ removal
system;
c)
Handle any flammable products in a s,afe and competent
manner to prevent fires or explosions; and
d)
Prepare and submit to the Agency, within 45 days after
confirming
a release,
a free product. removal report
that provides at least the following information:
1)
The name of the persons responsible for
implementing the free product removal measures;
2)
The estimated quantity,
type and thickness
of
free product observed or measured in wells,
boreholes and excavation;
3)
The type of free product recovery system used;
4)
Whether any discharge will take place on-site or
off-site during the recovery operation and
where this discharge will be located;
5)
The type of treatment applied to,
and the
effluent quality expected from,
any discharge;
6)
The steps that have been or are being taken to
obtain necessary permits for any discharge;
and
7)
The disposition of the recovered free product.
31.
The Respondent failed to remove free product from the Site
to the maximum extent possible as required by 35
Ill. Adm.
Code
731. 164.
32.
The Respondent has never submitted a free product removal
report to the Illinois EPA required by 35 Ill. Adm.
Code 731.164(d).
33.
The facts as alleged herein constitute
a violation of
11
Section 12(a)
of the Act,
415 ILCS 5/12(a) (2002)
and 35
Ill.
Adm.
Code
731.164(a), (b)
and
(d)
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that’ the Board enter an order in favor of the
Complainant and against the Respondent
on this Count III,
and:
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations alleged
herein;
2.
Findingthat the Respondent has violated 415 ILCS 5/12(a)
and
(f) (2) (2002)
and 35
Ill. Adm.
Code 731.164(a), (b)
and
(d)
3.
Ordering the Respondent to cease and desist from violation
of 415 ILCS 5/12(a) (2002)
and 35
Ill. Adm.
Code 731.164 (a), (b) and
(d);
4.
Ordering the Respondent to remove free product from the Site
and to submit all appropriate reports;
5.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondent for each and every violation of
the Act and the Board’s regulations,, with an additional penalty of Ten
Thousand Dollars
($10,000) per day for each day of each violation;
6.
Taxing all costs in this action,
including expert witness,
consultant and attorney fees,
against the Respondent; and
7.
Granting such other relief as the Board deems appropriate
and just.
12
COUNT IV
FAILURE TO DEFINE THE EXTENT OF
OFF-SITE CONTAMINATION
1-29.
Complainant realleges and incorporates herein by
reference paragraphs
1 through
29 of Count III as paragraphs
1 through
29
of this Count
IV.
30.
Section 731.165 of the Board rules,
35
Ill. Adm.
Code
731.165, provides as follows:
a)
In order to determine the full extent and location of
soils contaminated by the release,
and the presence
and concentrations of dissolved product contamination
in the groundwater,
owners and operators
shall
conduct
investigations of the release, the release
site,
and the surrounding area possibly affected by
the release if any of the following conditions exist:
1)
There is evidence that groundwater wells have
been affected by the release
(e.g., as found
during release confirmation or previous
corrective action measures);
2)
Free product is
found to need recovery in
compliance with Section 731.164;
3)
There is evidence that contaminated soils may be
in contact with groundwater
(e.g.,
as
found
during conduct of the initial response measures
or investigations required under Section 731.160
through Section 731.164); and
4)
The Agency requests
an investigation,
based on
the potential effects of contaminated soil or
groundwater on nearby surface water and
groundwater resources.
b)
Owners and operators shall submit the information
collected under subsection
(a)
as soon as practicable
or in accordance with a schedule established by the
Agency.
31.
Well sampling activities conducted at the Site showed that
groundwater wells were impacted by the release from the UST5.
Free
product requiring removal pursuant to 35
Ill.
Adm.
Code 731.164 was
13
present at the Site.
Contaminated soils are present and in contact
with groundwater at the Site.
By letter of October 31,
1994,
the
Illinois EPA requested the Respondent to conduct an investigation of
off-site resources.
32.
The Respondent submitted an Off-Site Soil and Groundwater
Drilling and Sampling Plan
(“GDSP”) by letter of June
25,
1998.
The
Illinois EPA approved the GDSP with modifications by letter of
September
9,
1998.
The Respondent submitted a subsequent plan on
December 4,
2002,
which was subsequently approved by the Illinois, EPA
on February
3,
2003.
33.
The Respondent has not implemented either plan approved by
the Illinois EPA per the terms of the Illinois EPA’s approval or
submitted any of the information required by
35
Ill. Adm.
Code
731.165(b).
34.
As of the date of the filing of this Complaint,
Respondent
has failed to define the extent
of any off-site contamination in
violation of 35
Ill. Adm. Code 731.165(b)
and is thereby also in
violation of 415 ILCS 5/12 (a) (2002)
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of the
Complainant and against the Respondent on this Count
IV,
and:
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations alleged
herein;
2.
Finding that the Respondent has violated 415 ILCS 5/12(a)
(2002)
and 35
Ill. Adm.
Code 731.165(b);
14
3.
Ordering the Respondent to cease and desist from further
violation of
415 ILCS 5/12(a) (2002) and 35
Ill. Adm.
Code 731.164(b);
4.
Ordering the Respondent to determine the extent of any off-
site contamination.
5.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondent for each and every violation of
the Act and the Board’s regulations,
with an additional penalty of Ten
Thousand Dollars
($10,000)
per day for each day of each violation;
6.
Taxing all costs in this action,
including expert witness,
consultant and attorney fees,
against the Respondent; and
7.
Granting such other relief as the Board deems appropriate
and just.
COUNT V
FAILURE TO PROVIDE ADEQUATE
CORRECTIVE ACTION PLAN
1-30.
Complainant realleges and incorporates herein by
reference paragraphs
1 through 30
of Count III as paragraphs
1
through
30
of this Count V.
31.
Section 731.166
of the Board rules,
35
Ill. Adm.
Code
731.166, provides as follows:
a)
At any point after reviewing the information submitted
in compliance with Section 731.161 through Section
731.163, the Agency may require owners and operators
to submit additional information or to develop and
submit
a corrective action plan for responding to
contaminated soils and groundwater.
If
a plan is
required, owners and operators shall submit the plan
according to a schedule and format established by the
Agency. Alternatively, owners and operators may,
after
fulfilling the requirements of Section 731.161 through
Section 731.163, choose to submit a corrective. action
plan for responding to contaminated soil and
groundwater.
15
b)
The Agency shall approve the corrective action plan
only after ensuring that implementation of the plan
will adequately protect human health,
safety and the
environment.
In making this determination, the Agency
shall consider the following factors as appropriate:
1)
The physical and chemical characteristics of the
regulated
substance,
including its toxicity,
persistence and potential for migration;
2)
The hydrogeologic characteristics
of the facility
and the surrounding area;
3)
The proximity quality and current and future uses
of nearby surface water and groundwater;
4)
The potential effects of residual contamination
on nearby surface water and groundwater;
5)
An exposure assessment; and
6)
Any
information assembled in compliance with this
Subpart.
c)
Upon approval of the corrective action plan or as
directed by the Agency,
owners and operators shall
implement the plan,
including modifications to the
plan made by the Agency.
They shall monitor, evaluate
and report the results of implementing the plan in
accordance with a schedule and in a format established
by the Agency.
d)
Owners and operators may,
in the interest of
minimizing environmental contamination and promoting
more effective cleanup,
begin cleanup of soil and
groundwater before the corrective action plan is
approved provided that they:
1)
Notify the Agency of their intention to being
cleanup;
2)
Comply with any conditions imposed by the Agency,
including halting cleanup or mitigating adverse
consequences from cleanup activities; and
3)
Incorporate these self-initiated cleanup measures
in the corrective action plan that
is submitted
to the Agency.
32.
The Illinois EPA requested the Respondent to submit a CAP
meeting the requirements of 35
Ill.
Adm. Code 731.166 by letters of
16
October
31,
1994,
May 20,
1998,
and July
26,
2000.
The first request,
on October 31,
1994,
requested the Respondent to submit,
among other
things,
a CAP, within fifteen days of the date of the letter,
or
November 15,
2004.
33.
The Respondent submitted a CAP in November,
2002.
The
Illinois EPA issued a CAP approval letter dated February
3, 2003.
The
Respondent,
therefore,
failed to have an approved CAP for a period
from at least November 15,
1994 until February 3,
2003.
34.
The facts as alleged in this count constitute
a violation of
415 ILCS 5/12(a)
and 35
Ill. Adm.
Code 731.166(a).
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of the
Complainant and against the Respondent on this Count V,
and:
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations alleged
herein;
2.
Finding that the Respondent has violated 415 ILCS 5/12(a)
(2002)
and 35
Ill. Adm.
Code 731.166(a);
3.
Ordering the Respondent
to cease and desist from further
violation of
415 ILCS 5/12(a) (2002) and 35
Ill.
Adm.
Code 731.166(a);
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondent for each and every violation of
the Act and the Board’s regulations, with an additional penalty of Ten
Thousand Dollars
($10,000) per day for each day of each violation;
5.
Taxing all costs in this action,
including expert witness,
consultant and attorney fees,
against the Respondent; and
17
6.
Granting such other relief as the Board deems appropriate
and just.
PEOPLE OF THE STATE OF ILLINOIS
ex rel.,LISA MADIGAN, Attorney
General of the State of Illinois,
MATTHEW
J.
DUNN,
Chief, Environmental
Enforcement
/
Asbestos Litigation
Division
BY:___________
ROSEMARIE CAZEAU,
Chief
7
~
Environmental Bureau
Assistant Attorney General
OF COUNSEL:
CHRISTOPHER
P.
PERZAN
Assistant Attorney General
Environmental Bureau
188 West Randolph Street,
~
Floor
Chicago,
IL 60601
312 814-3532
18
CERTIFICATE OF SERVICE
I,
CHRISTOPHER P.
PERZAN,
an Assistant Attorney General,
certify
that on the 29th day of December,
2003,
I caused to be served by
Registered Certified Mail,
Return Receipt Requested,
the foregoing
Complaint to the parties named on the attached service list,
by
depositing same in postage prepaid envelopes with the United States
Postal Service located at 100 West Randolph Street,
Chicago,
Illinois
60601.
~THER’P.
I
\Forrn~\BdCmpntnotiCe
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