OFFICE OF THE ATTORNEY

STATE OF

ILLINOIS

Lisa Madigan

VIlORNEY

GENRRA

The Honorable

Dorothy Gunn

Illinois

Pollution Control

Board

James

R. Thompson Center,

Ste.

11-500

100

West

Randolph

July

14,

2005

RECEIVED

CLE~K’S

OFFICE

JUL

192005

STATE OF ILLINOIS

GENERAL

Pollution Control Board

Oct

Chicago,

Illinois 60601

Re:

Peop!e

v.

Bridgeport Grain,

Inc.

Dear Clerk

Gunn:

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 of the documents to our office in the enclosed, self-addressed envelope.

Thank

you for your cooperation and

consideration.

Enclosures

Very truly yours,

/~

~

Phillip McQuillan

Environmental Bureau

500 South

Second Street

Springfield,

Illinois 62706

(217)

782-9031

500 South

Second Sneer, Springfield,

Illinois

02706

•

1217) 782~l090

•

I~li: (217)

7133-2771

•

Fax: (2!?)

7132—7046

lOt) West

RandoLph

Srrcer.

Chicago, Illinois

60601

•

(511)

614—30(1))

•

Ill

I3Il~614—3374

•

Fax: (311)

614—ShuN

1001 Fist

\iain

C.Irl:onlale

Illinois

620)11

•

(HtMl

.320—1i4110I

fl:

(NIH

526.6403

•

lax:

HIS)

S’Q—6116

PM/pp

---

RECEIVED

CLEnK~S

OFFICE

BEFORE THE

ILLINOIS POLLUTION

CONTROL

BOARD

JUL

192005

PEOPLE

OF THE STATE

OF

)

STATE OF

ILLINOIS

ILLINOIS,

)

Pollution Control Board

)

Complainant,

vs.

)

PCBNo.

(Enforcement)

BRIDGEPORT GRAIN,

INC.,

an Illinois corporation,

Respondent.

NOTICE OF FILING

To:

Bridgeport

Grain,

Inc.

an

Illinois

corporation

do Arthur

A.

Eubank, Jr.,

R.A.

902 Monroe Street

Evanston,

IL

60202-2627

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

(2002),

to correct the pollution alleged

in

the Complaint filed

in

this

case.

Respectfully submitted,

PEOPLE

OF THE STATE

OF ILLINOIS

LISA MADIGAN,

Attorney General of the

State of

Illinois

MATTHEW

J

DUNN, Chief

Environmental Enforcement/Asbestos

Uti9a~n2sio

PHILLIP’McQU

LLAN

Assistant Attorney General

Environmental

Bureau

500 South

Second Street

Springfield,

Illinois

62706

217/782-9031

Dated:

July

14,

2005

2

---

CERTIFICATE OF SERVICE

I

hereby certify

that I did

on

July

14,

2005,

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:

Bridgeport Grain,

Inc.

an

Illinois

corporation

c/o Arthur A.

Eubank,

Jr.,

R.A.

902

Monroe Street

Evanston,

IL

60202-2627

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

Phillip

Mc

illan

Assistant Attorney General

This

filing is

submitted

on

recycled paper.

---

-

RECEiVED

BEFORE THE

ILLINOIS POLLUTION

CONTROL SQARD

LEF?fc~OFFICE

PEOPLE

OF THE STATE

OF

)

JUL

192005

ILLINOIS,

)

STATE OF ILLINOIS

Pollution

Control Board

Complainant,

)

vs.

)

PCB No.

v

(Enforcement)

BRIDGEPORT GRAIN,

Inc.,

an

Illinois corporation,

Respondent.

ENTRY OF APPEARANCE

On

behalf

of

the

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

PHILLIP

McQUILLAN, 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

BY:__________

PF-IILLIP

M”’OQUILLAN

Environmental

Bureau

Assistant Attorney General

500

South

Second Street

Springfield,

Illinois

62706

217/782-9031

Dated:

July

14, 2005

---

RECEIVED

CLERK’S OFFICE

BEFORE THE

ILLINOIS

POLLUTION

CONTROL BOARD

JUL

192005

PEOPLE

OF THE

STATE

OF ILLINOIS,

)

P~liutSd

Complainant,

PCBNO.O(P’~~

BRIDGEPORT

GRAIN,

INC.,

)

(Enforcement)

an

Illinois corporation,

Respondent.

COMPLAINT

NOW

COMES the Complainant, PEOPLE

OF THE

STATE

OF ILLINOIS,

by LISA

MADIGAN,

Attorney General

of the State

of

Illinois,

and

complains

of the Respondent,

BRIDGEPORT

GRAIN,

INC.,

as follows:

COUNT

I

AIR POLLUTION

1.

This Count is brought by

the 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

(“the Act’),

415

ILCS

5/31

(2002).

2.

The

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 (2002),

and

charged,

inter a/ia,

with

the

duty of enforcing the Act in

proceedings

before the

Illinois

Pollution

Control

Board.

3.

The Complaint

is brought pursuant to

Section

31

of

the Act, 415

ILCS

5/31

(2002),

after providing the Respondent with

notice and

opportunity for a

meeting

with the

Illinois

EPA.

---

4.

Respondent Bridgeport Grain,

Inc., (“Bridgeport”) is

an

Iliinois

corporation

in

good standing.

5.

At all

times

relevant to

this Complaint,

Bridgeport has

owned and

operated

a

grain elevator facility located

123

Main Street,

Bridgeport, Lawrence

County,

Illinois

(the

“facility”).

6.

The emission

sources

at the facility include grain

pits,

railcar loading

operations,

truck loading

operations,

and

grain

handling

operations.

Respondent’s operations

at the facility

are governed

by permit numbered

72111147

issued

by

the

Illinois

EPA.

Permit conditions

require proper housekeeping practices

with

maintenance of checklists

and

good

operating

practices to

minimize

particulate

matter emissions.

7.

On January

9,

2002,

an

inspection was

performed

by the Illinois

EPA

in

response to

citizen complaints

regarding

dust and

odors.

Rotten

grain was observed

in ar’i~

around the

pits,

storage

bins,

the base

of the grain dryer, the railcar loading

area,

the railroad

tracks,

and

on

the driveway through the

pit

area at

the facility; corn

chaff was observed

-

throughout the elevator and outside

of the facility.

The Illinois

EPA

reviewed the facility’s

housekeeping checklist

and

determined that the most recent entry was

dated

August

14,

2001.

The truck load-outs

utilized

inadequate socks for

particulate matter

control.

The

Illinois

EPA

determined

that the conditions at the facility created

a potential

for dust and odor problems.

8.

After the issuance of a violation

notice on

March

1,

2002,

Respondent and

the

Illinois

EPA agreed

to

a compliance commitment

agreement, which included a weekly

housekeeping checklist,

ongoing

cleanup of rotten grain,

construction of an enclosure over the

dump

pits

by September

30, 2002,

implementation of

load-out socks long

enough

to penetrate

vehicles

by

6

inches when

loading,

and

prompt

replacement

of socks.

9.

On

or about January

4,

2003,

an inspection

was performed

by the

Illinois

EPA.

Corn chaff was

observed

in

the street gutters of Olive

Street to the

North of the dump

pits.

An

2

---

enclosure over the dump pits

had

not been

constructed.

Particulate

matter emissions were

observed

during

the loading

of a

railcar; the loadout sock was approximately 4

inches above the

openings to

the

railcar.

Rotten

grain was observed

on

the

scale

house,

along

the building next

to the dump pits,

and around

and

under the grain dryer and

its

surrounding

concrete

pad

area.

A subsequent

review of the housekeeping

checklists

revealed

that such were

not consistently

used

on a weekly bases and

did

not include

the load-out socks,

the grain

dryer and

its

surrounding concrete

pad area.

The Illinois

EPA determined

that

the conditions

at the facility

still

created

a

potential

for dust and odor problems.

10.

Respondent subsequently committed

to

a compliance

plan with

a deadline

of

September

30, 2003,

in

discussions with

the

Illinois

EPA

pursuant to

Section

31

of the

Act.

11.

On

October

15,

2003,

an

inspection was

performed

by

the

Illinois

EPA.

Although

some work

had

been

done,

the enclosure

for the dump

pits had

not been completed.

Rotten

grain

near the grain

dryer pad

and particulate

matter emissions from

a hole

in the

head

house

of the transfer system were observed.

12.

Section

9 of the Act,

415

ILCS 5/9 (2002)

provides,

in

the pertinent

part,

that:

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, whether alone or in

combination with

contaminants

from other sources,

or so as

to violate regulations or standards

adopted

by

the

Board

under this Act;

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;

***

13.

Section

212.461(b) of the Board’s Air Pollution

Regulations,

35111.

Adm.

Code

212.461(b),

provides

as follows:

3

---

b)

Housekeeping

Practices.

All grain-handling

and

grain-drying

operations,

regardless

of size, must implement

and

use the following housekeeping

practices:

1)

Air pollution control

devices shall

be checked

daily and

cleaned as

necessary

to

insure proper operation.

2)

Cleaning

and

Maintenance.

A)

Floors shall

be

kept swept and

cleaned from

boot

pit to cupola

floor.

Roof

or bin

decks

and other exposed flat

surfaces shall be

kept clean

of grain

and

dust that would

tend to

rot

or become

airborne.

B)

Cleaning

shall

be

handled

in

such a manner as

not to permit

dust

to escape

to the atmosphere.

C)

The yard

and

surrounding

open

area,

including

but not

limited to

ditches

and

curbs, shall

be

cleaned

to prevent

the accumulation

of

rotting grain.

3)

Dump

Pit.

A)

Aspiration equipment

shall be

maintained

and

operated.

B)

Dust control devices shall

be

maintained

and

operated.

4)

Head

House.

The

head house shall be

maintained

in

such a fashion

that

visible quantities

of dust or dirt are

not allowed

to escape

to the

atmosphere.

5)

Property.

The yard

and

driveway

of any

source

shall be

asphalted,

oiled

or equivalently treated

to control

dust.

6)

Housekeeping Check

List.

Housekeeping check lists

to

be developed

by

the Agency

shall be

completed

by the manager and

maintained on the

premises for inspection

by Agency

personnel.

14.

Section

212.462(d)(1)

of the Board’s Air Pollution

Regulations,

35

IIl.Adm.Code

212.462(d)(1),

provides:

Truck and

hopper car loading

shall employ

socks,

sleeves,

or equivalent devices,

which

extend

6

inches below the sides of the receiving

vehicle, except for

topping off.

Choke

loading shall

be

considered an equivalent method as

long

as

the discharge

is no

more

than

12

inches above

the sides of the receiving vehicle.

15.

Section

201.141

of

the Board’s Air Pollution

Regulations,

35

III.Adm.Code

201.141, provides:

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 the Chapter,

or so as

4

---

to prevent the attainment

or maintenance of

any applicable ambient air quality

standard.

16.

By failing

to comply with

the housekeeping and

operating

practices,

Bridgeport

has violated

Section

212.461(b) of the Board’s Air Pollution

Regulations,

35

III.

Adm.

Code

212.461(b).

17.

By failing

to control

particulate

matter emissions with

adequate

load out socks or

equivalent measures,

Bridgeport

Grain

has violated

Section

212.462(d)(1)of the Board’s Air

Pollution

Regulations,

35

lII.Adm.Code 212.462(d)(1).

18.

By

failing to

implement the required

housekeeping practices

and

particulate

matter emissions

controls,

Bridgeport

Grain

has violated

Section

201.141

of the Board’s Air

Pollution

Control

Regulations,

35

lll.Adm.Code

201.141

19.

By

failing

to

clean up

rotten grain,

and

by

failing

to control

particulate

matter

emissions with

adequate

loadout

socks and

other measures,

Bridgeport has

caused,

allowed,

or threatened

the emission

of contaminants,

including

dust and

odors.

20.

By causing

or allowing

or threatening the emission

of contaminants,

so

as to

cause

or tend

to cause

air pollution

in

Illinois, whether alone or in

combination with

contaminants from

other sources,

or so as to

violate regulations

or standards

adopted

by the

Board,

Bridgeport has

violated Section

9(a)

of the Act,

415

ILCS 9(a)(2002),

and

Sections

212.461(b),

21 2.462(d)(1),

and

201.141

of the Board’s Air Pollution

Regulations,

35

III.

Adm.

Code 212.461(b),

21 2.462(d)(1),

and

201.141.

PRAYER FOR

RELIEF

WHEREFORE,

Complainant,

People

of the

State

of Illinois,

prays

that the

Board:

A.

Authorize that

a hearing

be

held

in this matter

at which

time

Respondent,

Bridgeport Grain

Company,

be required

to

answer the allegations herein;

5

---

B.

Find the Respondent to

have

violated the Act and

regulations as

alleged

herein;

C.

Order the Respondent to

cease

and

desist from further violations

of

the Act and

associated

regulations;

D.

Assess

against the Respondent a

civil penalty of fifty thousand dollars

($50,000.00)

allowed for each

of the violations of the Act

and

an

additional

penalty of ten

thousand

dollars

($10,000.00) for each

day during

which each

violation

has

continued

thereafter; and

E.

Grant such

other relief as

the

Board

may

deem

appropriate.

COUNT

II

PERMIT VIOLATIONS

1-13.

Complainant realleges

and

incorporates

herein

by paragraphs

1

through 13of

Count las paragraphs

1

through

13 of

this Count

II.

14.

Condition 5(b)

of Bridgeport

Grain’s

operation

permit

72111147

provides:

The permittee

shall implement

required housekeeping practices

and

maintain

a housekeeping check

list for the grain

elevator pursuant to

35

III,Adm.Code

212.461(b).

The check

list shall contain

the applicable

housekeeping practices

described

in the “Minimum

Recommendations for Housekeeping Practices for

Grain

Handling

Facilities.”

15.

Condition

6(a) of Bridgeport Grain’s operating

permit

72111147

provides:

(i)

Grain

receiving in

all

dump

pits

shall

be conducted

in accordance with

good

operating practice

to minimize particulate

matter emissions.

(ii)

Each

dump pit shall

be

inspected

for proper operation

while

receiving is

occurring at

least once each week

(Monday through Sunday) when grain

is

received.

16,

Condition 6(e) olBi-idgeport Grain’s operating

permit 72411147

provides:

(i)

Grain

load-out shall

be

conducted

with

sleeves extending

to within

at least 6

inches

below the

sides of the receiving

vehicle except for topping off.

6

---

(ii)

Grain

load-out sleeves shall

be inspected

for proper

qperation while

load out

is

occurring,

at least once

each week when

grain

load-out is performed.

17.

Condition

8(a)(i) of

Bridgeport Grain’s

operating permit

72111147 provides:

The permittee

shall

maintain

records

of,the following

items for the

grain elevator:

(i)

Records of housekeeping check

lists completed

by the elevator

manager.

18.

By failing

to comply with

the housekeeping

and

operating

practices as

required

by

Section

212.461(b) and

21 2.462(d)(1) of the Board’s Air Pollution

Regulations,

35

Ill.

Adm.

Code 212.461(b) and

212.462(d)(1),

and

by failing to

maintain

its

required housekeeping

checklist,

Bridgeport has

not complied

with

the terms of

its

operating permitjhat i&cundffions

5(b), 6(a), 6(e),

and

8(a)(i), and

has

thus violated

Section

9(b) of the Act,

415

ILCS

5/9(b)

(2002).

PRAYER FOR

RELIEF

WHEREFORE,

Complainant, People of the

State of Illinois,

prays

that

the

Board:

A.

Authorize that a

hearing

be held

in

this matter

at which time Respondent,

Bridgeport

Grain

Company,

be

required

to answer the allegations herein;

B.

Find

the Respondent to

have

violated

the Act and

regulations

as

alleged her&n;

C.

Order the Respondent to

cease and

desist from further violations

of

the Act,

associated

regulations,

and

permit conditions;

D.

Assess against the Respondent a

civil penalty of fifty thousand

dollars

($50,000.00)

allowed

for each

of the violations

of the Act and

an

additional

penalty of ten

thousand

dollars

($10,000.00) for each

day during which

each

violation has

contkmed

thereafter; and

7

---

E.

Grant such

other relief as

the

Board

may deem 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:____________________

THOMAS

DAVIS,

Chief

Assistant Attorney General

Environmental Bureau

Of Counsel

PHILLIP

McQUILLAN

Senior Assistant Attorney General

500

South

Second Street

Springfield,

Illinois 62706

217/782-9031

Dated:

July

14,

2005

8