BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’c ~
JUN
62
PEOPLE OF THE STATE OF ILLINOIS,
)
3
STATE OFlL~
Complainant,
)
P0l1J~IOflCOfltr
~
)_
0,
BOard
vs.
)
No. PCB~~)
(Enforcement)
MECALUX ILLINOIS,
INC.
a Delaware
corporation,
Respondent.
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today,
June
6,
2003,
filed
with the Office of the Clerk of the Illinois Pollution ContrOl
Board an original and nine copies of our 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.
to correct the alleged pollution.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney Ge
ral of the
BY:
_____
CH )ISTOPHER GRANT
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th
Fir.
Chicago,
IL 60601
(312)
814-5388
~~CE~VED
CLERK’S QFP~
BEFORE
THE
ILLINOIS POLLflTION CONTROL BOARD
JUN
13
?0U3
STATE
OF ILLINOIS
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
Pollution Control Board
Complainant,
-
vs.
)
No.
PCB
03
(Enforcement)
MECALUX ILLINOIS,
INC. a Delaware
corporation,
Respondent.
COMPLAINT
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
by
LISA
MADIGAN,
Attorney General of the State of Illinois,
complains of
Respondent, MECALUX ILLINOIS,
INC.,
as follows:
COUNT
I
VIOLATION
OF VOM STANDARDS
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 Section 31
of the
Illinois Environmental Protection Act
(T1ActH),
415 ILCS 5/31
(2002)
2.
Illinois EPA is an administrative agency of the State
of Illinois,
established by Section
4 of the Act,
415 ILCS 5/4
(2002), and is charged,
inter
alia,
with the duty of enforcing
the Act, and regulations promulgated by the Illinois Pollution
Control Board
(“Board”)
3.
At all times relevant to this complaint, Respondent
MECALUX
ILLINOIS,
INC.
(“Mecalux”)
was, and is, a Delaware
1
corporation,
duly authorized to transact business in the State of
J:llinois.
4.
Mecalux owns and operates a manufacturing facility
located at 1600 North 25th Avenue, Melrose Park,
Cook County,
Illinois
(“Facility” or “Site”)
.
At its Facility, Mecalux
manufactures and coats metal storage system components.
5.
Mecalux’
coating lines consist,
inter, alia,
of a hydro-
soluble
process,
consisting of degreasing and demineralization
equipment and a paint spray booth
(“Hydro-Soluble process”
),
and
a catophoresis coating process,
consisting of a catophoresis
painting dip tank and an open top degreaser
(“Catophoresis
process”)
.
Both the Hydro-Soluble process and the Catophoresis
process emit volatile organic compounds
(“VOC’s”)
to the
atmosphere inside and outside of the facility.
6.
On or about November
21,
2000,
Mecalux began
construction of the Hydro-Soluble coating line.
On or about
December
4,
2000,
Mecalux began construction of the Catophoresis
coating process.
Mecalux did not apply for and obtain
construction or operation permits prior commencing construction
of the two coating
lines.
7.
On August
14,
2001,
the Illinois EPA issued a
Construction
and
Operating permit
(“Permit”)
for the two coating
lines at Metalux’
facility.
A true and accurate copy of
Respondent’s Permit is attached hereto as
‘Exhibit A’.
8.
From approximately May 25,
2001 until a date better
known to respondent,
but no later than August
14,
2001, Mecalux
used and applied coatings containing a VOC content in excess of
2
2.8
pounds
per
gallon
(“noncomplying
coatings”)
in
the
Hydro-
Soluble coating process at the
facility.
The
noncomplying
coatings ‘were used to coat the
metal storage system components
produced at the Facility.
9.
During
the
period
from
May
25,
2001
until
August
14,
2001,
Respondent applied approximately 537 gallons of
noncomplying coatings to various metal parts
at its facility.
10.
Section
9(a)
of
the
Act,
415 ILCS 5/9(a)
(2002)
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
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.
11.
Section 3.26 of the Act,
415 ILCS 5/3.26
(2002),
provides,
as follows:
“PERSON’1
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.
12.
The Respondent,
a Delaware corporation,
is a “person”
as that term is defined in Section 3.26 of the Act,
415
ILCS
5/3.26
(2002)
13.
Pursuant
to
authority
granted
under
the
Act,
the
Board
has promulgated regulations governing the discharge of
contaminants into the air,
codified at 35
Ill. Adm. Code Subtitle
B
(“Board Air Pollution regulations”)
.
3
14.
Section
201.141
of
the
Board
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 n Illinois,
or so
as to violate
the
provisions
of
this
Chapter,
or
so
as
to prevent the attainment or maintenance of any
applicable ambient air quality standard.
15.
Part 218 of Subtitle C.of the Board Air Pollution
regulations, titled “Organic Material Emission Standards and
Limitation for the Chicago
Area”
regulates the VOM content of
Coatings used at the Respondent’s facility.
Respondent’s coating
operations are regulated under the category of “Miscellaneous
Metal Parts and Products”
16.
Section 218.204 of the Board Air Pollution regulations,
35
ill. Adm. Code 218.204,
provides,
in pertinent part,
as
follows:
Except
as
provided
in
Sections
218.205,
218.207,
218.208
and
218.216
of
this
Subpart,
no
owner
or
operator
of
a
coating
line
shall
apply
at
any
time
any
coating
in
which
the
VOM
content
exceeds
the
following
emission
limitations
for
the
specified
coating.
Except
as
provided
in
Section
218.204(1),
compliance
with
the
emission imitations marked with an asterisk in this
Section
is
required
and
after
March
15,
1996
and
compliance
with
emission
limitations
not
marked
with
an
asterisk
is
required
until
March
15,
1996...
the
emission
limitations
are
as
follows:
*
*
*
j)
Miscellaneous
Metal
Parts
and
Products
Coating
*
*
*
4)
All
other
coatings
kg/l
lbs/gal
4
Baked
0.34*
2.8
17.
Between May 25, 2001 and August
14, 2001,
the
Respondent applied at least
537 gallons of a coating which
exceeded the applicable VOM limitation.
Respondent has therefore
violated
Sections
218.204
and
201.141
of
the
Board
Air
Pollution
regulations,
35
Ill.
Adm.
Code
Sections
218.204
and
201.141,
and
thereby also ‘violated Section 9(a)
of the Act,
415 ILCS 5/9(a)
(2002)
WHEREFORE, Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against the Respondent, MECALUX ILLINOIS,
INC.,
on
Count
I:
1.
Authorizing a hearing in this matter,
at which time the
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent has violated Section 9(a)
of
the
Act
and
35
Ill.
Adm.
Code
Sections
218.204
and
201.141;
3.
Ordering the Respondent to cease and desist from any
further violation of Section 9(a)
of the Act and 35
Ill. Adm.
Code Sections
2,18.204 and 201.141;
4.
Assessing against the Respondent a civil penalty of
Fifty Thousand Dollars
($50,000.00)
for each violation of the Act
and pertinent regulations, and an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent to pay all costs,
including
attorney,
expert witness and consultant fees expended by the
State in its pursuit of this action; and
5
6.
Granting
such
other
relief
as
the
Board deems
appropriate and just.
COUNT II
CONSTRUCTION WITHOUT A PERMIT
1-10.
Complainant realleges and incorporates by reference
herein paragraphs
1 through
7 and paragraphs
11 through 13 of
Count
I as paragraphs
1 through 10 of this Count
II.
11.
Section
9 of the Act,
415 ILCS 5/9
(2002),
provides,
in
pertinent part,
as follows:
No person shall:
*
*
*
(b)
Construct,
install,
or
operate any
equipment,
facility,
vehicle,
vessel,
or
aircraft
capable
of
causing
or
contributing
to
air
pollution or designed to prevent air
pollution of any type designated by
Board
regulations,
without
a
permit
granted
by
the
Agency,
or
in
violation of any conditions imposed
by such permit.
12.
Section 201.142 of the Board Air Pollution regulations,
35
Ill. Adm.
Code 201.142, provides,
as follows:
No person shall
cause or allow the construction of any
new emission source or any new air pollution control
equipment, without
first obtaining a construction
permit from the Agency,
except as provided in Section
201.146.
13.
Section 3.06 of the Act,
415 ILCS 5/3.06
(2002),
provides,
as follows:
“CONTAMINANT”
is
any
solid,
liquid,
gaseous matter, any odor,
or any form of
energy,
from whatever source.
14.
The VOM emitted from the two coating lines at
6
Section
3.02
of
the
Act,
415
ILCS
5/3.02
(2002),
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 property,
or to
unreasonably
interfere
with
the
enjoyment
of
life
or
property.
18.
Respondent’s
two
coating
lines
emit
or
are
capable
of
emitting
VOM,
a contaminant injurious to human health,
to the
atmosphere,
and
therefore
are
capable
of
causing
or
contributing
to
air
pollution.
19.
On or about November 21,
2000
and
December
4,
2000,
the
Respondent commenced construction of,
respectively, the Hydro-
Soluble line .and the Catophoresis coating line,
without
first
Respondent’s
facility,
is a “contaminant”,
as that term is
defined in Section 3.06 of the Act,
415 ILCS 5/3.06
(2002)
15.
Section 201.102
of the Board Air Pollution regulations,
35
Ill. Adm.
Code 201.102, provides,
in pertinent part,
as
follows:
“Emission
Source”:
any
equipment
or
facility of
a
type
capable
of
emitting
specified
air
contaminants
to
the
atmosphere.
“New
Emission
Source”:
any
emission
source,
the
construction
or
modification
of
which
is
commenced
on
or
after
April
14,
1972.
16.
Respondents coating lines are “emission sources”
and
“new emission sources”
as those terms are defined in 35
Ill.
Adm. 201.102.
17.
contains
7
:1
having
applied
for
or
obtained
construction
permits
from
Illinois
EPA.
20.
By commencing construction of
the
two
coating
lines,
Respondent caused or allowed the construction of two new emission
sources
without
first
having
applied
for
or
obtained
a
permit
from Illinois EPA.
Respondent therefore violated Section 9(b)
of
the
Act,
415
ILCS
5/9(b)
(2002),
and Section 201.142
of
the
Board
Air
Pollution
regulations,
35
Ill.
Adm.
Code
201.142.
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF
ILLINOIS,
respectfully requests
that
the
Board
enter
an order in
favor of Complainant and against the Respondent, MECALUX
ILLINOIS,
INC.,
on Count
II:
1.
Authorizing a hearing
in this matter,
at which time the
Respondent will be required to answer the allegations herein;
2.
~Finding that the Respondent has violated Section 9(b)
of the Act and 35
Ill. Adm.
Code 201.142;
3.
Ordering the Respondent to cease and desist from any
further violation of Section 9(b)
of the Act and 35
Ill. Adm.
Code 201.142;
4.
Assessing against the Respondent
a civil penalty of
Fifty Thousand Dollars
($50,000.00)
for each violation
of the Act
and pertinent regulations,
and an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent 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 the Board deems
8
appropriate
and
just.
BY:
PEOPLE OF THE STATE OF ILLINOIS
ex
rel.
LISA
MADIGAN
Attorney General
State of Illinois
MATTHEW
J. DUNN,
Chief
Environmental Enforcement/Asbestos
Litigation Division
OF COUNSEL:
CHRISTOPHER J. GRANT
Assistant Attorney General
Environmental Bureau
188
W. Randolph
St.,,
20th
Fir
Chicago,
Illinois
60601
(312)
814-5388
9
IE CAZEAU,
Environmental
Bureau
Assistant Attorney General
CERTIFICATE OF SERVICE
I,
CHRISTOPHER GRANT,
an attorney,
do certify that I caused
to be served this 6d day of June,
2003,
the foregoing Complaint
and Notice of Filing upon person listed below, by first class
mail, by placing same in an envelope bearing sufficient postage
with the United States Postal Service located at 100
W.
Randolph,
Chicago Illinois and addressed
to,:
Service List:
Mr. Richard Saines
Baker
& McKenzie
130
B.
Randolph
Suite
3500
Chicago,
IL
60601
CHRISTOPHER GRANT