RECEIVED
CLER~csOFFICE
NOV
2
62003
STATE
OF ILLINOIS
Pollution
Control Board
OFFICE
OF THE
ATTORNEY GENERAL
STATE OF
ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
November 21, 2003
The Honorable Dorothy Gunn
Illinois Pollution
Control
Board
State of Illinois
Center
100 West
Randolph
Chicago,
Illinois
60601
Re:
People
v.
Reilly Industries, Inc.
PCB No.
03-1 82
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies of
a
NOTICE
OF
FILING,
COMPLAINANT’S
MOTION
TO
FILE
FIRST
SUPPLEMENTAL
COMPLAINT
and
FIRST
SUPPLEMENTAL COMPLAINT
in
regard to
the above-captioned
matter.
Please file the original
and
return
a file-stamped
copy
of
the
document
to
our
office
in
the enclosed
self-addressed,
stamped
envelope.
Thank you for your cooperation
and consideration.
Very truly yours,
Sally
Carter
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
TD/pp
Enclosures
500 South Second
Street,
Springfield, Illinois
62706
•
(217)
782-1090
•
YTY:
(217)
785-2771
•
Fax:
(217) 782-7046
100
West
Randolph
Street,
Chicago,
Illinois
60601
•
(312)
814-3000
•
‘FTY:
(312)
814-3374
•
Fax:
(312) 814-3806
1001
East
Main, Carhondale.
Illinois
62901
•
(618)
529-6400
•
rFY:
(618) 529-6403
•
Fax:
(618) 529-6416
RECEIVED
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
CLERK’S OFFICE
PEOPLE OF THE STATE OF
)
NOV
2 62003.
ILLINOIS,
STATE OF IWNOIS
)
Pollution
Control Board
Complainant,
)
vs.
)
PCB
No. 03-1 82
)
(Enforcement)
REILLY INDUSTRIES,
INC.,
)
an
Indiana
corporation,
Respondent.
NOTICE OF FILING
To:
Anne
Frye
General Counsel
Reilly
Industries,
Inc.
300
N.
Meridian
Street, Suite
1500
Indianapolis,
IN 46204
PLEASE TAKE
NOTICE that
on this
date
I
mailed for filing with the Clerk of the Pollution
Control
Board
of
the
State
of
Illinois,
COMPLAINANT’S
MOTION
TO
FILE
FIRST
SUPPLEMENTAL
COMPLAINT and
FIRST SUPPLEMENTAL COMPLAINT,
a
copy of which is
attached
hereto and
herewith
served
upon you.
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:
~
~Z~1
SALL’~/A.CARTER
Assistant Attorney General
Environmental Bureau
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
November 21, 2003
CERTIFICATE OF SERVICE
I hereby certify that
I
did on
November 21, 2003,
send
by First
Class 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
COMPLAINANT’S MOTION
TO FILE FIRST
SUPPLEMENTAL
COMPLAINT and
FIRST SUPPLEMENTAL
COMPLAINT
To:
Anne
Frye
General Counsel
Reilly
Industries,
Inc.
300
N.
Meridian Street, Suite
1500
Indianapolis,
IN 46204
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
State of
Illinois Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois 60601
a copy was also sent to:
Carol Sudman
Hearing
Officer
Illinois
Pollution Control
Board
1021
N. Grand
Avenue East
Springfield,
IL 62794
~
~t
Sally A.
O’arter
Environmental Bureau
Assistant Attorney General
This filing is submitted on recycled
paper.
RECEIVED
CLERK’S
OFFICE
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
NOV
2
62003
PEOPLE OF THE
STATE OF ILLINOIS,
~
STATE OF ILUNOIS
Pollution
Control Board
Complainant,
vs.
)
No.
3-182
)
(Enforcement)
REILLY INDUSTRIES,
INC.,
)
an
Indiana corporation,
)
Respondent.
COMPLAINANT’S MOTION
TO
FILE
FIRST SUPPLEMENTAL COMPLAINT
Complainant, PEOPLE
OF THE STATE OF ILLINOIS,
by
LISA MADIGAN,
Attorney
General of the State of Illinois, filed an eleven-count
Complaint against the Respondent,
REILLY INDUSTRIES,
INC., on April
8, 2003.
The People respectfully move, pursuant to
Section
103.206(d) of the Board’s Procedural Rules,
35
III. Adm.
Code 103.206(d), for leave to
file the attached
First
Supplemental
Complaint in order
to include violations that have occurred
subsequent to the filing of the initial Complaint.
Subsequent to
the filing of the Complaint, the Complainant was
informed of the
violations
now pleaded within Counts XII
and
XIII.
In the interests of administrative efficiency,
the inclusion of these
additional violations within the pending enforcement proceeding is
necessary. The additional
claims arose
out of occurrences that took place after the filing of the
original
pleadings, thereby
satisfying
the requirement
of Section
2-609 of the Code of Civil
Procedure.
The claims are
brought upon
the Attorney General’s
own motion
and at the request
of the Illinois
Environmental Protection Agency.
The Respondent has waived the requirements
of Section
31
of the Act, 415 ILCS 5/31
(2002),
regarding the allegations within Counts XII
and
XIII.
Pursuant to Section
103.204(f) of the Board’s Procedural
Rules, the
Respondent is
hereby notified:
Failure to
file an
answer to
this complaint within
60 days
may have
severe
1
consequences.
Failure to
answer will mean that
all
allegations
in the complaint will be taken as
if admitted for purposes of this proceeding.
Ifyou
have any questions about this procedure,
you
should contact the hearing
officer assigned to this proceeding, the Clerk’s Office or an
attorney.
WHEREFORE,
Complainant respectfully asks that this
Motion
to
File
First Supplemental
Complaint be granted
and that the Complainant be allowed to enforce the additional
allegations
in this pending matter.
Respectfully
submitted,
PEOPLE
OF THE
STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement
Division
BY:
4a~t~Ou~
SALLY A. ~‘ARTER
Environmental
Bureau
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: November 20, 2003
2
RECEIVED
CLERK’S
OFFICE
.
.
-~
BEFOF~E
THE
ILLINOIS POLLUTION CONTROL BOARD
f\JQjJ
2
62003
STATE OF
PEOPLE OF THE STATE OF ILLINOIS,
)
Pollution
Control Board
Complainant,
)
v.
)
PCB NO.
03-1 82
)
(Enforcement)
REILLY INDUSTRIES, INC.,
)
an
Indiana
corporation,
)
Respondent.
FIRST SUPPLEMENTAL COMPLAINT
Complainant,
PEOPLE OF THE
STATE OF ILLINOIS,
by
LISA MADIGAN,
Attorney
General of the State of Illinois,
and
at the request of the ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY, complains of the Respondent,
REILLY INDUSTRIES,
INC.,
as
follows:
COUNT
I
AIR POLLUTION
RESULTING
FROM
INEFFICIENT SCRUBBER
1.
This Complaint is brought by the Attorney General
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 (“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
(“Board”).
1•
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,
Reilly Industries,
Inc. (“Reilly”),
is an
Indiana
corporation authorized
to do business
in
Illinois.
Its registered agent is
C.T. Corporation Systems,
208 South
LaSalle
Street,
Chicago,
Illinois.
5.
At all times relevant to this Complaint,
Reilly has owned
and
operated a
coal tar
distillation
process
at
1450 Edwardsville Road, Granite
City,
Madison
County,
Illinois (“facility”).
6.
The facility distills coal
tars into light
oils, creosotes, and
pitches
in six batch-type
stills.
A seventh
still
at the site
is
not currently used for processing.
One of the stills
is operated
continuously.
The other five stills
are charged sequentially,
usually for a period of 20 hours.
After the still
is filled with
coal tar,
natural gas burners are ignited.
As the temperature of the
tar
increases,
it constituents are vaporized.
The vapor line
is indirectly cooled with water forming
condensed
liquid.
Condensed
liquid from the vapor lines are drained into
receiving
pans that
hold the various products.
Liquids are pumped from the receiving
pans into
the appropriate
tanks.
Emission units at
the facility include six receiving
pans that are controlled
by
a scrubber.
7.
On
May 3,
2000,
Reilly was
issued construction permit no. 99040035 that
authorized
Reilly to construct seven distillation
stills and a
scrubber.
The permit further allowed
Reilly to operate the equipment for a period
of 270 days.
8.
On
March
2,
2001, construction
permit no. 99040035 was revised
and
extended
because Reilly wished
to increase production
and
also planned to add two additional storage
tanks.
2
9.
As required
by the construction permit,
Reilly planned to conduct
a stack test on
the scrubber.
A test protocol was submitted to the Illinois EPA on March
22, 2001,
and the test
was conducted on April 3, 2001.
Representatives of the
Illinois
EPA witnessed the test.
10.
Test results were submitted
to
the
Illinois
EPA on July 26,
2001.
Upon review,
the
Illinois
EPA confirmed that the stack test did
not demonstrate compliance with
the
applicable
regulations.
11.
Reilly scheduled additional tests for August 15,
2001.
Representatives of the
Illinois
EPA were again on
hand to
witness the test.
The test was
eventually aborted
due to a
decrease in
the scrubber’s efficiency.
Raw data from the August 15 test was submitted
to
the
Illinois
EPA on August
17, 2001.
Because Reilly was
unable to
complete the tests,
it
did not
apply for an operating permit
for the
coal tar distillation
process.
12.
The 270-day operating
period allowed
by construction permit no. 99040035
expired
on
November 27, 2001;
however, Reilly continues to operate the stills and the scrubber.
13.
On
May 21, 2002,
Reilly conducted a third stack test on the scrubber.
Final
results
of the test were submitted
to the
Illinois EPA
on August 28, 2002.
The tests were
aborted when the results
again
indicated
that Reilly still
had
not achieved
compliance
with the
applicable
Board regulations.
14.
Section
9(a) of the Act, 415
ILCS
5/9(a) (2002),
provides:
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;
15.
Section
3.115 of the Act, 415
ILCS 5/3.115
(2002),
defines “air pollution” as
follows:
3
“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.
16.
Section
3.165 of the Act, 415 ILCS
5/3.165
(2002), defines “contaminant” as
follows:
“CONTAMINANT” is any solid,
liquid, or gaseous
matter,
any odor,
or any form
of energy,
from whatever source.
17.
35
Ill. Adm.
Code 219.501 (a) provides:
Every owner or operator of a single unit
operation with an average flow rate,
as
determined
in
accordance with Section 219.502(b) of this Subpart,
below the
flow rate value
calculated
by the applicability equations
contained
in
Section
219.500(e)
of this Subpart, shall reduce uncontrolled VOM emissions from such
single
unit operation
by an
overall efficiency,
on average of at least
90 percent,
or 20
ppmv, per batch
cycle.
18.
Each of Reilly’s five
batch stills
is subject
to the requirements
of 35
Ill. Adm.
Code Subpart
V.
19.
Results
of the stack test conducted on April
3,
2001,
indicated that
average
removal efficiency of the scrubber was 85.058.
20.
A re-test conducted on August
15,
2001, was aborted because scrubber
efficiency fell
below acceptable
levels.
21.
A third stack test conducted on
May 21, 2002,
indicated
that removal efficiency
of the scrubber is 73.79.
22.
Concentrations of VOM
in the scrubber outlet in all three tests were above 20
ppmv.
23.
Reilly demonstrated
on several occasions that its operations are
not in
compliance with 35
III. Adm.
Code 21 9.501 (a) for batch
operations.
4
24.
By operating
its batch stills with
less than the requisite efficiency
required by
35
III.
Adm.
Code 219.501 (a), the Respondent has violated
Section
9(a) of the Act, 415 ILCS
5/9(a) (2002).
PRAYER FOR
RELIEF
WHEREFORE,
Complainant, the People of the
State
of Illinois, respectfully request that
the Board
enter an order
against the Respondent,
Reilly
Industries,
Inc.:
A.
Authorizing a
hearing in
this matter
at which time the Respondent will
be
required
to answer the allegations herein;
B.
Finding
that Respondent has violated
the Act and
regulations as alleged
herein;
C.
Ordering
Respondent to
cease and
desist from any further violations of the Act
and associated
regulations;
D.
Pursuant to Section
42(a) of the Act, 415 ILCS 5/42(a) (2002),
impose a civil
penalty of not more than the statutory maximum;
E.
Pursuant
to Section 42(f) of the Act, 415
ILCS 5/42(f)
(2002),
awarding to
Complainant
its costs and
reasonable attorney fees;
and
F.
Granting
such other relief as the Board
may deem
appropriate.
COUNT
II
CONSTRUCTION PERMIT VIOLATIONS
1-23.
The Complainant realleges and incorporates
by reference paragraphs I
through
23 of Count
I as paragraphs
1 through 23 of this Count
II.
24.
Section 9(b) of the Act, 415
ILCS 5/9(b) (2002),
provides:
No
person shall:
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
5
by the Illinois
Environmental
Protection
Agency,
or in violation of any conditions
imposed by
such permit;
25.
Condition 2(d) of construction permit no. 99040035 provides:
The Permittee
shall comply with the following
Control
Requirements for Batch
Operations: the scrubber shall reduce uncontrolled VOM emissions from the
seven
distillation
stills by an overall efficiency, on
average, of at least
90 percent
or
20 ppmv,
per batch cycle, pursuant to 35
III.
Adm.
Code 219.501(b).
26.
By failing to
reduce uncontrolled VOM emissions from the seven distillation
stills
by an overall efficiency,
an average,
of at least
90 percent or 20 ppmv, per batch
cycle,
pursuant to 35
III.
Adm. Code 219.501(b),
the Respondent has violated
Condition
2(d) of the
construction permit number 99040035.
27.
By violating
Condition 2(d) of the construction permit number 99040035,
the
Respondent has violated
Section
9(b) of the Act, 415
ILCS 5/9(b)
(2002).
PRAYER FOR
RELIEF
WHEREFORE,
Complainant, the People of the State
of Illinois, respectfully request that
the
Board
enter an
order
against the Respondent,
Reilly
Industries,
Inc.:
A.
Authorizing
a
hearing in
this matter
at which time the Respondent will be
required
to answer the allegations herein;
B.
Finding that
Respondent has
violated the Act and
regulations as alleged
herein;
C.
Ordering Respondent to cease and
desist from
any further violations of the Act
and
associated
regulations;
D.
Pursuant to
Section 42(a) of the Act, 415
ILCS
5/42(a) (2002),
impose a
civil
penalty of not more than the statutory maximum;
E.
Pursuant
to Section
42(f) of the Act, 415
ILCS 5/42(f)
(2002),
awarding to
Complainant its costs and
reasonable
attorney fees;
and
F.
Granting
such other relief as the
Board
may deem
appropriate.
6
COUNT III
OPERATING
PERMIT VIOLATIONS
1-18.
The Complainant realleges and incorporates
by reference paragraphs
1
through
18 of Count las
paragraphs
1
through
18 of this Count Ill.
19.
35
III. Adm.
Code 201.143 provides,
in
part:
No
person shall cause or allow the operation
of any new emission
source or new
air pollution
control equipment of a type for which a construction permit is
required by Section
201.142 without first obtaining an
operating
permit from the
Agency,
except for such testing
operations as may be
authorized by the
construction permit.
20.
By continuing to
operate the stills and
scrubbers after the expiration of the 270-
day operating
period
on
November 27,
2001,
the Respondent has violated 35
Ill. Adm.
Code
201.143.
21.
By violating
35
III. Adm.
Code 201.143, the Respondent has
violated Section 9(a)
of the Act, 415 ILCS 5/9(a)
(2002).
PRAYER FOR
RELIEF
WHEREFORE,
Complainant, the People of the State
of Illinois,
respectfully request that
the
Board
enter an order
against the Respondent,
Reilly
Industries,
Inc.:
A.
Authorizing
a hearing
in this matter
at which time the Respondent will
be
required to
answer the allegations
herein;
B.
Finding that Respondent has violated the Act and
regulations as alleged
herein;
C.
Ordering Respondent to cease
and desist from
any further violations of the Act
and
associated
regulations;
0.
Pursuant to Section
42(a) of the Act, 415 ILCS 5/42(a)
(2002),
impose
a civil
penalty of not more than the statutory maximum;
7
E.
Pursuant to Section
42(f) of the Act, 415 ILCS 5/42(f) (2002), awarding to
Complainant its costs and
reasonable attorney fees;
and
F.
Granting such
other relief as the Board
may deem appropriate.
COUNT IV
WASTE
MANAGEMENT STANDARD VIOLATIONS
1-5.
The Complainant realleges and incorporates
by reference paragraphs
1
through
5 of Count
I
as paragraphs
1
through 5 of this Count IV.
6.
In
January 1996,
Reilly
ceased
production
of coal
tar products and
creosote.
The facility was converted to a terminal that transferred
coal tar from rail cars to
tanker trucks.
In January 2000,
Reilly returned to a
full
production facility.
At the facility,
Reilly
refines crude
coal tar into several products, including
coal tar pitch, refined coal tars and
coal
tar distillates.
Reilly receives crude coal tar
in rail cars and tanker trucks.
The crude coal tar is distilled
in
seven stills.
The
cuts off of these
stills are water, light
oil,
heavy oil,
creosote and
final
products.
The final
products include 100°Pitch, 60°Pitch, 85°Pitch and
emulsion-based tar.
7.
The
Illinois
EPA currently
regulates
Reilly as
a Large Quantity Generator of
hazardous waste.
The hazardous wastes generated by
Reilly include still bottoms from
coal tar
distillation (K148),
coal tar storage
tank residues
(K147 and 0018),
and petroleum
naphtha
(DOOl,
0018 and 0039).
Reilly periodically generates
lab packs
(0002,
P and
U wastes) and
paint waste (D002).
The non-hazardous wastes
include
coal tar residue and
construction
debris,
emulsion-based tar, waste
pitch, mercury bulbs and used
oil.
The wastewater is treated
in
an on-site wastewater treatment plant.
Reilly’s pre-treatment plant receives storm water,
source control
water, process water, boiler water and
groundwater from closed surface
impoundment pump and
treat system.
8
8.
At one time,
Reilly had
operated a
hazardous waste surface impoundment (T02)
for treated wastewater from the production of creosote
(K035).
This surface impoundment was
certified
closed as a
landfill on
February 5,
1990.
Reilly could not achieve clean
closure and the
surface impoundment was reclassified
as a closed impoundment (093).
Reilly has
submitted
a
RCRA Part
B
Post-Closure Permit Application to tha Illinoi~EPA.A draft Part
B Permit was
issued on
September 29,
1994.
The facility’s post-closure care consists of groundwater
monitoring
and a pump-and-treat system.
The Illinois EPA has
not yet
issued a final
permit.
9.
Section
21(e) of the Act, 415 ILCS 5/21(e) (2002),
provides:
No person
shall:
e)
Dispose,
treat, store or abandon any waste, or transport any waste
into
this
State for disposal, treatment,
storage or abandonment, except at a
site or facility which meets the requirements of this Act
and of regulations
and
standards thereunder.
10.
On June 28,
2000,
and July 24, 2000, the
Illinois
EPA conducted
a Compliance
Evaluation
Inspection of the facility.
During the June
28,
2000,
inspection,
the Illinois
EPA
observed
that roll-off box number 20326 of front end
oil (0018) was
leaking a
black liquid
on the
ground.
Approximately
5 to
10 gallons of hazardous waste were observed on
the ground
around the door of the box.
At this time, liquid was actively leaking
from the door.
11.
During
a follow-up
inspection on
July 24, 2000, the weekly container inspection
records showed that the roll-off
box number 20326 was
observed
leaking from June 23, 2000
through July 10,
2000.
Reilly exceeded
the ten-pound reportable
quantity for benzene (0018).
Reilly did
not report the release to
the Illinois
Emergency Management Agency (“IEMA”)
until
September 8, 2000.
12.
In addition,
during the inspection
of July 24, 2000,
the
Illinois EPA observed
a
leaking roll-off box of crude
coal tar tank bottoms,
labeled
roll-off box 20247, on
a concrete pad
near
Tank T4
and the locker room
and laboratory.
At this time, the box was actively leaking
9
crude tar tank bottoms from both ends of the box onto the concrete pad.
Approximately one
to
three gallons of black liquid was observed
on the pad around the
box.
Roll-off box 20247
had
been
leaking
for several days and
had a hole in the cover tarp.
The field
inspector also noted
a
large stained
area on the concrete
pad running
to the
low
spot on the concrete.
The
pad
did
not have secondary containment or run-on,
run-off protection.
13.
Lastly,
during the inspection
of July 24, 2000, the
Illinois
EPA observed roll-off
box 20417 of crude
coal tar tank bottoms, which contained
waste on top of the tarp covering the
box.
The warm
temperature had liquified this waste causing
it to run
down the tarp onto
the
ground.
14.
By disposing,
treating, storing
or abandoning
any waste or transporting
any
waste into this State for disposal,
treatment storage, or abandonment, at
a site or facility which
does
not meet the requirements of the Act and
of the associated regulations,
Reilly
has violated
Section
21(e) of the Act, 415
ILCS 5/21(e) (2002).
PRAYER
FOR RELIEF
WHEREFORE,
Complaint, the People of the
State of Illinois,
respectfully requests
that
the Board
enter an
order against the Respondent,
Reilly
Industries,
Inc.:
A.
Authorizing a hearing
in
this matter
at which time the Respondent will
be
required to answer the allegations herein;
B.
Finding that Respondent has violated
the Act and
regulations
as
alleged
herein;
C.
Ordering
Respondent to cease
and
desist from
any further violations of the Act
and
associated regulations;
0.
Pursuant to Section
42(a) of the Act, 415
ILCS 5/42(a) (2002),
impose
a civil
penalty
of up
to fifth thousand
dollars
($50,000.00) for each
violation and
an additional penalty
of ten thousand
($10,000.00) for each
day during which such violations continued;
10
E.
Pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f) (2002),
award to
Complainant its costs and
reasonable attorney’s fees; and
F.
Granting
such other relief as the
Board
may deem appropriate.
COUNT V
RCRA PERMIT VIOLATIONS
1-5.
Complainant realleges and
incorporates
herein
paragraphs
1
through 5 of Count
I
as paragraphs
1
through 5 of this Count V.
6-13.
Complainant realleges and
incorporates herein
paragraphs
6 through
13
of
Count IV as paragraphs 6 through
13 of this Count V.
14.
Section
21(f) of the Act, 415 ILCS 5/21(f)
(2002),
provides:
No
person
shall:
f)
Conduct any
hazardous waste-storage, hazardous waste-treatment or
hazardous waste-disposal operation:
1)
without a RCRA permit for the site issued by the Agency under
subsection
(d) of Section 39
of this Act, or in violation of any
condition
imposed
by such
permit,
including
periodic reports and
full access
to adequate
records and
the inspection of facilities,
as
may be
necessary to assure compliance with this Act and with
regulations and
standards adopted thereunder;
or
2)
in violation
of any regulations or standards
adopted by the
Board
under this Act;
.
15.
Section 703.121(a) of the Board’s
Land
Pollution
Regulations,
35111. Adm.
Code
703.121(a),
provides:
RCRA Permits
a)
No
person shall conduct any hazardous waste storage, hazardous waste
treatment or hazardous
waste disposal
operation:
1)
Without a RCRA permit for the HWM (hazardous waste
management) facility; or
2)
In
violation of any condition
imposed
by
a RCRA permit;
11
16.
Section
722.134(a) of the Board’s Land
Pollution Regulations,
35
III. Adm.
Code
722.134(a),
provides:
Accumulation Time
a)
Except as
provided
in subsection
(d),
(e),
or (f) of this Section,
a
generator is exempt from all the requirements in
35
Ill.
Adm. Code 725.
Subparts
G and
H,
except for 35
Ill.
Adm.
Code 725.211
and 725.214,
and
may accumulate hazardous waste
on-site for 90 days or less without
a permit or without having
interim
status, provided
that the following
conditions are fulfilled:
1)
The waste is placed
in or on one of the following:
A)
In containers, and the generator complies with
35
III. Adm.
Code 725.
Subparts
I,
AA,
BB,
and CC;
B)
In tanks,
and the generator
complies with
35
III. Adm.
Code
725.
Subparts J,
AA,
BB,
and CC, except 35
Ill.
Adm.
Code 725.297(c) and
725.300;
C)
On
drip pads,
and
the generator complies with 35
Ill. Adm.
Code 725.
Subpart W
and
maintains the following
records
at the facility;
i)
A description of the procedures that will
be followed
to ensure that all
wastes are
removed from the drip
pad and
associated collection
system at least once
every
90 days,
and
ii)
Documentation of each waste
removal, including
the quantity of waste
removed from the drip
pad
and
the sump
or collection
system and the date
and time of removal;
or
0)
In
containment buildings,
and the generator
complies with
35
III. Adm.
Code 725. Subpart
DD
(has
placed its
Professional
Engineer (PE) certification that the building
complies with
the design
standards specified
in
35
III.
Adm.
Code 725.1101
in the facility’s operating
record
prior
to the date of initial operation
of the unit).
The owner or
operator shall maintain
the following records
at the facility:
i)
A written description
of procedures to
ensure that
each waste volume remains in the unit for
no more
than
90 days, a written
description of the waste
generation and
management practices for the
12
facility showing that they are consistent with
respecting the
90 day limit,
and documentation that
the procedures
are complied with; or
ii)
Documentation that the unit is emptied
at least
once every 90 days;
BOARD NOTE:
The “in addition” hanging
subsection that appears in the
Federal rules after 40 CFR 262.34(a)(1 )(iv)(B)
is
in the introduction to
subsection (a) of this Section.
2)
The date
upon which each period
of accumulation
begins is clearly
marked
and visible
for inspection on each container;
3)
While
being
accumulated
on-site,
each
container and
tank is labeled or
marked
clearly with the words “Hazardous Waste”; and
4)
The generator complies
with the requirements for treatment,
storage,
and
disposal facility owners or operators
in 35
III. Adm.
Code 725.
Subparts
C
and 0
and with 35
Ill.
Adm.
Code 725.116 and
728.107(a)(4).
17.
Section
725.131
of the
Board’s Land
Pollution
Regulations,
35
Ill. Adm.
Code
725.131, provides:
Maintenance and Operation of Facility
Facilities
must be
maintained and operated
to
minimize the possibility of a fire,
explosion or any unplanned sudden
or non-sudden release of hazardous waste
or hazardous waste
constituents to air,
soil or surface water which could threaten
human health or the environment.
18.
Section
725.151(b) of the Board’s
Land Pollution
Regulations,
35111. Adm.
Code
725.151(b),
provides:
Purpose and
Implementation of Contingency
Plan
b)
The provisions of the plan must be carried out immediately whenever
there
is a fire,
explosion or release of hazardous waste or hazardous
waste constituents which
could threaten
human health or the
environment.
19.
Section 725.156(j) of the Board’s Land
Pollution
Regulations,
35111. Adm.
Code
725.156(j),
provides:
Emergency Procedures
13
J)
The owner or operator shall note in the operating
record
the time,
date
and
details of any incident that requires implementing the contingency
plan.
Within
15
days after the incident,
it shall submit a written
report on
the incident to the Director.
The report must include:
1)
Name,
address, and telephone number of the owner or operator
2)
Name,
address, and telephone number of the facility
3)
Date, time and
type of
incident (e.g., fire, explosion)
4)
Name and
quantity of materials involved
5)
The extent of injuries,
if any
6)
An assessment of actual or potential hazards
to
human health or
the environment,
where this is applicable,
and
7)
Estimated quantity and
disposition of recovered
material that
resulted from the incident.
20.
Section
725.273(a) of the Board’s Land
Pollution
Regulations,
35
III.
Adm.
Code
725.273(a), provides:
Management
of Containers
a)
A container
holding
hazardous waste
must always be closed
during
storage,
except when
it is necessary to add
or remove waste.
21.
During the inspections of June 28, 2000 and
July 24, 2000, the Illinois
EPA
observed hazardous
waste D018 and
K147
being
land
disposed
of at the Reilly facility.
22.
By land disposing hazardous waste D018 and
K147 at
the facility without
a
RCRA permit, Reilly
operated a
hazardous waste facility without
a
permit
issued
by the Illinois
EPA,
in violation of 415
ILCS 5/21(f)
and
35111. Adm.
Code 703.121(a).
As
Reilly failed
to
comply with the permit exemption
requirements
of 35
III. Adm.
Code 722.134(a), specifically
725.151(b),
725.156(j) and 725.273(a),
Reilly does
not qualify for the exemption from RCRA for
generators who accumulate waste on-site for 90-days or less.
PRAYER
FOR RELIEF
WHEREFORE,
Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an
order against the Respondent,
Reilly
Industries,
Inc.
14
A.
Authorizing
a hearing
in this matter at which time the Respondent will
be
required to
answer the allegations herein;
B.
Finding
that Respondent has violated
the Act and regulations
as
alleged
herein;
C.
Ordering
Respondent to
cease and
desist from any
further violations of the Act
and associated
regulations;
0.
Pursuant to Section
42(a) of the Act, 415 ILCS 5/42(a) (2002),
impose
a civil
penalty of up to
fifty thousand
dollars
($50,000.00) for each
violation
and an additional
penalty
of ten thousand
($10,000.00) for each day during which such violations continued:
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2002), award to
Complainant its
costs and
reasonable attorney’s fees;
and
F.
Granting such other relief as the Board
may deem appropriate.
COUNT VI
PREPAREDNESS AND PREVENTION
VIOLATIONS
1-5.
Complainant realleges and
incorporates
herein paragraphs
1
through 5 of Count
I
as paragraphs
1
through 5 of this Count VI.
6-13.
Complainant realleges and
incorporates herein
paragraphs 6 through
13 of
Count IV as paragraphs 6 through 13
of this Count VI.
14-15.
Complainant
realleges and
incorporates
herein paragraphs
14
and
17 of Count V
as paragraphs
14
and
15 of this Count VI.
16.
During
the inspection of June
28,
2000,
the Illinois EPA observed
roll-off box
20326
leaking
hazardous waste front end oil
(0018) onto the ground.
During
the inspection
of
July 24, 2000,
the Illinois EPA observed
roll-off box 20247 with
a hole in the tarp and
leaking
hazardous waste crude
coal tar tank bottoms
(K147 and
0018) onto a concrete
pad without
15
containment.
Also on July 24, 2000, the Illinois EPA observed waste on the tarp of roll-off box
20417, which was dripping on the ground.
17.
By failing to
maintain and
operate the facility in
a manner to
minimize the
possibility of a fire,
explosion or any unplanned sudden
or non-sudden
release of hazardous
waste or hazardous waste constituents to air, soil or surface water which would
threaten
human
health or the environment,
Reilly has violated
35
Ill.
Adm. Code 725.131.
18.
By violating
35111. Adm.
Code 725.131,
Reilly
has violated Section
21(f) of the
Act,
415 ILCS 5/21(f) (2002).
PRAYER FOR
RELIEF
WHEREFORE,
Complainant, the People of the State
of Illinois, respectfully requests
that the Board enter an order against the Respondent, Reilly
Industries,
Inc.:
A.
Authorizing a
hearing in
this matter at which time the Respondent will be
required
to answer the allegations herein;
B.
Finding that
Respondent has
violated the Act and
regulations as alleged
herein;
C.
Ordering Respondent to
cease and desist from
any further violations of the Act
and
associated regulations;
D.
Pursuant to
Section 42(a)
of the Act, 415
ILCS 5/42(a)
(2002), impose
a civil
penalty of up to
fifty thousand dollars ($50,000.00) for each
violation and
an
additional penalty
of ten thousand
($10,000.00) for each day during
which such violations continued;
E.
Pursuant to Section
42(f) of the Act, 415
ILCS. 5/42(f) (2002),
award to
Complainant its costs and
reasonable attorney’s
fees;
and
F.
Granting such
other relief as
the
Board
may deem
appropriate.
16
COUNT VII
CONTINGENCY PLAN VIOLATIONS
1-5.
Complainant realleges and
incorporates
herein
paragraphs I
through 5 of Count
I
as paragraphs I
through 5 of this Count VII.
6-13.
Complainant realleges and
incorporates
herein paragraphs 6 through
13 of
Count
IV
as paragraphs 6 through
13 of this Count VII.
14-16.
Complainant realleges and
incorporates herein
paragraphs
14 and
18 through
19
of Count V as paragraphs
14 through
16 of this Count VII.
17.
During the inspections of June 28, 2000 and
July 24, 2000, the
Illinois
EPA
observed that Reilly failed to follow its contingency plan
by
not reporting
the release of front end
oil
(D018) to the proper authorities within
24 hours
after the reportable
quantity was exceeded.
Reilly also failed to submit a
written report to the
Illinois
EPA
15
days after the implementation
of the contingency
plan.
18.
By failing to
carry out immediately the provisions of the contingency
plan
whenever there
is a fire,
explosion or release of hazardous waste
or hazardous waste
constituents which could threaten
human health or the environment,
Reilly has
violated 35
III.
Adm.
Code 725.151(b).
19.
By failing to
note
in the operating
record
the time,
date and
details of any
incident that requires the implementation of the contingency plan
and
by failing to
submit the
written
report on the incident to
the Director within
15 days after the incident, Reilly
has violated
35
III. Adm.
Code 725.156(j).
20.
By violating
35
III. Adm.
Code 725.151(b) and
725.156(j),
Reilly has violated
Section
21(f) of the Act, 415 ILCS 5/21(f) (2002).
17
PRAYER FOR
RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the
Board
enter an
order against the Respondent,
Reilly Industries,
Inc.:
A.
Authorizing a
hearing
in this matter
at which time the Respondent will
be
required to
answer the allegations
herein;
B.
Finding
that Respondent has
violated the Act and
regulations as alleged herein;
C.
Ordering Respondent to
cease and desist from
any further violations of the Act
and associated
regulations;
0.
Pursuant to
Section 42(a) of the Act, 415
ILCS 5/42(a)
(2002),
impose a
civil
penalty of up to
fifty thousand dollars
($50,000.00)
for each
violation and
an additional
penalty
of ten thousand
($10,000.00) for each day during
which such violations continued;
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2002),
award
to
Complainant its
costs and reasonable
attorney’s fees; and
F.
Granting such other relief as the
Board
may deem appropriate.
COUNT VIII
CONTAINER USE AND MANAGEMENT VIOLATIONS
1-5.
Complainant realleges and
incorporates
herein paragraphs
1
through 5 of Count
I
as paragraphs
1
through 5 of this Count VIII.
6-13.
Complainant realleges and
incorporates herein
paragraphs 6 through
13 of
Count
IV as paragraphs 6 through~13of this Count VIII.
14-15.
Complainant realleges and incorporates
herein
paragraphs
14
and 20
of Count V
as paragraphs
14 through lSof this Count VIII.
16.
During
the inspection
of July 24, 2000, the
Illinois EPA observed a hole
in the
tarp of roll-off box 20247.
18
17.
By failing
to manage roIl-off box 20247
in a closed container
during storage,
Reilly has violated 35
III.
Adm.
Code 725.273(a).
18.
By violating
35
III.
Adm.
Code 725.273(a), Reilly has violated
Section 21(f) of the
Act,
415 ILCS 5/21(f) (2002).
PRAYER FOR RELIEF
WHEREFORE,
Complainant, the People of the State of Illinois, respectfully requests
that the Board
enter an order against the Respondent,
Reilly
Industries,
Inc.:
A.
Authorizing
a
hearing
in this matter at which time the Respondent will
be
required to
answer the allegations herein;
B.
Finding that Respondent has
violated the Act and
regulations as alleged
herein;
C.
Ordering Respondent to
cease and
desist from
any further violations
of the Act
and
associated
regulations;
D.
Pursuant to
Section 42(a)
of the Act, 415
ILCS
5/42(a) (2002),
impose a civil
penalty of up to fifty thousand
dollars ($50,000.00) for each
violation
and an additional
penalty
of ten thousand
($10,000.00) for each day during
which such violations continued;
E.
Pursuant to Section
42(f) of the Act, 415
ILCS 5/42(f)
(2002),
award to
Complainant its costs and
reasonable
attorney’s fees;
and
F.
Granting
such other relief as the
Board
may deem appropriate.
COUNT
IX
MANIFEST AND LAND DISPOSAL
RESTRICTION VIOLATIONS
1-5.
Complainant realleges and
incorporates
herein paragraphs
1
through 5 of Count
I
as paragraphs
1
through
5 of this Count IX.
6-13.
Complainant
realleges and
incorporates herein
paragraphs 6 through 13
of
Count IV as paragraphs 6 through
13 of this Count
IX.
19
14.
Complainant realleges and incorporates
herein
paragraph
14 of Count V as
paragraph
14
of this Count
IX.
15.
Section
722.123(a) of the Board’s Land
Pollution
Regulations,
35
III. Adm.
Code
722.123(a),
provides:
Use
of the Manifest
a)
The generator shall:
1)
Sign the manifest certification
by hand;
and
2)
Obtain the handwritten signature
of the
initial
transporter
and
the
date
of acceptance on the manifest; and
3)
Retain one copy,
in accordance with Section
722.140(a);
and
4)
Send
one copy
of the manifest to
the Agency within two working
days
16.
During the inspection
of July 24, 2000,
the
Illinois
EPA conducted
a
review of
Reilly’s records.
Reilly failed to
send a copy of Manifest
1L7810209, dated
June
9, 2000,
to the
Illinois
EPA within two working days.
Reilly also failed
to list
K147 hazardous waste
on Manifest
1L781022 and
land disposal
restriction
(“LDR”) forms that were used
to
ship coal tar tank
bottoms.
17.
By failing to
send
one
copy of
Manifest lL7810209
to the Illinois EPA within two
working days, Reilly has violated 35
Ill.
Adm.
Code 722.123(a).
18.
By violating
35111. Adm.
Code 722.123(a),
Reilly has violated
Section 21(f) of the
Act, 415
ILCS 5/21(f)
(2002).
PRAYER
FOR RELIEF
WHEREFORE,
Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an order
against the Respondent,
Reilly
Industries,
Inc.:
A.
Authorizing
a
hearing
in this matter
at which time the Respondent will
be
required to answer the allegations herein;
B.
.
Finding that Respondent has violated the Act and regulations as alleged
herein;
20
C.
.
Ordering Respondent to
cease and desist from any further violations
of the Act
and associated
regulations;
0.
Pursuant to
Section 42(a)
of the Act, 415 ILCS 5/42(a) (2002),
impose a civil
penalty of up to fifty thousand dollars
($50,000.00) for each violation that occurred
and
an
additional
penalty of ten thousand
($1 0,000. 00) for each day during which such
violations
continued;
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2002), award to
Complainant its
costs and
reasonable attorney’s fees;
and
F.
Granting such
other relief as the
Board
may deem
appropriate.
COUNTX
WATER POLLUTION
HAZARD VIOLATIONS
IN
2000
1-5.
Complainant realleges and
incorporates
herein
paragraphs
1
through 5 of Count
I as paragraphs
1
through 5 of this Count X.
6-8.
Complainant realleges and incorporates
herein
paragraphs
6 through 8 of Count
IV as paragraphs 6 through 8 of this Count X.
9.
On August 29,
2000,
Reilly
had
a release
of approximately 200
pounds of electro
binder pitch to concrete,
gravel and
soil.
About 20 gallons
impacted an area of soil
50 feet long
by
16 feet wide.
The release occurred when
a male
hose fitting,
made of inappropriate
material,
separated from a 4-inch diameter pipe.
The
20 gallons
of pitch solidified quickly.
Mechanical
means were used
to
remove approximately 2,000
pounds of contaminated soil,
vegetation
and pitch
(no material was recovered
for reuse).
The waste
was shipped off-site for
disposal as a special waste.
The
soil
affected
by this release was
remediated
to
visually clean.
No
confirmation samples
have
been taken.
21
10.
On
September
14, 2000,
Reilly had
a release of approximately 500 gallons of
crude coal tar from
an
18,000-gallon
rail car.
An area measuring about 165
feet long
by
15 feet
wide was
impacted.
The coal tar release was caused
by operator error when the wrong valve
on
the rail car was opened while
the car was being
heated.
The 500 gallons of released coal
tar
collected on and
under the railroad tracks.
Approximately
250
gallons of tar were
recovered
and
returned to the
coal tar tank.
Excavation equipment and a vacuum truck were used
to
collect the contaminated
soil and
gravel.
The tracks were
removed
to assist with the cleaning
operations.
Approximately
155,380
pounds of coal tar
contaminated soil
and gravel were
excavated and shipped
off-site for disposal.
The waste was tested
and
was non-hazardous
per
RCRA.
The soil affected
by this release
was
remediated
to visually clean.
No
confirmation
samples have been taken.
11.
On
November
1,
2000,
Reilly had
a release of approximately 1,500 gallons of
creosote.
The release was
caused
by operator error.
The operator attached a creosote
loading arm to the top of a
railcar,
started the pump,
and left the area.
When
he arrived back
at
the
railcar,
he found the railcar running
over.
The
1,500 gallons
of creosote was
released
onto
the railroad
bed of gravel and soil
and into
the Eastern Tank Farm’s secondary containment.
This area is designated as SWMU #4
in the draft part B
Permit.
The release covered about
20,000 square feet.
Approximately
900 gallons of the creosote was
recovered
and
returned
to
the
coal tar tanks for reprocessing.
Most of the
spill was
collected on a
concrete
pad,
however,
a
large amount was released
between and
around the railroad tracks.
A contractor was
hired to
clean
the concrete pad and
excavate the contaminated
soil from
around the tracks.
Approximately 48,400 pounds of contaminated
soil and gravel were shipped
off-site as a
U051
hazardous waste.
The soil
affected by this release was
remediated to visually clean.
No
confirmation samples have
been taken.
22
12.
Section
12(d)
of the Act, 415 ILCS 5/12(d)
(2002),
provides as follows:
No person
shall:
Deposit any contaminants upon the
land
in such place and
manner so as to
create a water pollution hazard;
13.
Section 3.165 of the Act, 415
ILCS 5/3.165
(2002),
contains the following
definition:
“CONTAMINANT” is any solid,
liquid, or gaseous
matter, any
odor or any form
of
energy, from whatever source.
14.
Section
3.550 of the Act, 415
ILCS 5/3.550
(2002),
contains the following
definition:
“WATERS” means all accumulations 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.
15.
Water pollution is defined
at Section 3.545 of the Act, 415 ILCS 5/3.545 (2002):
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.
16
Reilly has
caused or allowed contaminants to
be deposited
upon the
land in
such
place and
manner as to
create a water pollution
hazard through
its
proximity to groundwater.
17.
By depositing contaminants upon the land
in
such place and
manner as to create
a water pollution hazard,
the Defendant has violated
Section
12(d) of the Act, 415
ILCS 5/12(d)
PRAYER FOR RELIEF
WHEREFORE,
Complainant, the People of the
State of
Illinois, respectfully requests
that the
Board
enter an order against
the Respondent,
Reilly
Industries,
Inc.:
23
A.
Authorizing a hearing
in this matter
at which time the
Respondent will
be
.,.‘
required to answer the allegations herein;
B.
Finding
that Respondent has violated the Act and
regulations as alleged
herein;
C.
Ordering Respondent to
cease and
desist from any further violations of the Act
and
associated
regulations;
0.
Pursuant to
Section 42(a)
of the Act,
415
ILCS 5/42(a) (2002),
impose a civil
penalty of up to fifty thousand
dollars
($50,000.00) for each violation
and an additional
penalty
often thousand
($10,000.00) for each
day during
which such violations
continued;
E.
Pursuant to Section
42(f) of the Act, 415
ILCS 5/42(f) (2002),
award
to
Complainant its costs and
reasonable attorney’s fees;
and
F.
Granting
such other relief as the
Board may deem
appropriate.
COUNT XI
NOVEMBER 1,2000, AIR POLLUTION VIOLATION
1-8.
Complainant realleges and
incorporates herein
paragraphs
1
through 5 and
14
through
16 of Count
I
as paragraphs
1
through 8 of this Count Xl.
9-1
1.
Complainant realleges and incorporates
herein
paragraphs 6 through 8 of Count
IV as paragraphs
9 through
11
of this Count XI.
12.
Complainant realleges and
incorporates herein
paragraph
11
of Count X as
paragraph
12 of this Count XI.
13.
The
loss of 1,500
gallons of creosote has caused,
threatened or allowed the
emission of contaminants so as to
cause or tend
to cause air pollution
in the State.
14.
By allowing
the
loss of 1,500 gallons of creosote,
Reilly is in violation
of Section
9(a)
of the Act, 415 ILCS 5/9(a)
(2002).
24
PRAYER
FOR RELIEF
WHEREFORE,
Complainant, the
People of the State of Illinois,
respectfully requests
that the Board enter an order against the
Respondent,
Reilly Industries,
Inc.:
A.
Authorizing
a hearing
in this matter at which time the Respondent will be
required to answer the allegations herein;
B.
Finding that Respondent has
violated the Act and
regulations as alleged
herein;
C.
Ordering Respondent to cease and
desist from
any further violations of the Act
and
associated
regulations;
D.
Pursuant to Section 42(a)
of the Act,
415
ILCS 5/42(a) (2002),
impose a
civil
penalty
of
up to
fifty thousand dollars ($50,000.00) for each violation
and
an additional penalty
of ten thousand
($10,000.00) for each
day during which such violations continued;
E.
Pursuant to
Section
42(f) of the Act, 415
ILCS
5/42(f)
(2002), award to
Complainant its
costs and
reasonable attorney’s fees;
and
F.
Granting such
other relief as the
Board may deem appropriate.
COUNT XII
JULY 4, 2003, WATER POLLUTION
HAZARD VIOLATIONS
1-4.
Complainant realleges and
incorporates
by reference herein
paragraphs 2
through
5 of Count
I
as paragraphs
1
through 4 of this Count XII.
5-7.
Complainant realleges and
incorporates
by reference herein
paragraphs 6
through
8 of Count
IV as paragraphs 5 through 7 of this Count XII.
8-1
1.
Complainant
realleges and
incorporates by reference herein paragraphs
12
through
15
of Count X as paragraphs 8 through
11
of this Count XII.
12.
This Count is brought by the People of the State of Illinois by
Lisa Madigan,
the
Attorney General
of the State of
Illinois,
on
her own
motion and
at the request of the
Illinois~
25
EPA.
The Illinois EPA requested that
Reilly waive Section
31
requirements.
By letter dated
September 12,
2003,
Reilly agreed to
waive Section
31
requirements.
13.
On
July 4,
2003,
Reilly had
a release of approximately 16,000 gallons of crude
coal
tar from a tank car on Track 2 of the facility.
The spill flowed approximately 120 feet to the
west and
173 feet to the
south
of Track 2.
14.
Reilly explained
to the
Illinois EPA that the release occurred from a rail car that
had
been sitting dormant at the Koppers facility in
Henry, South
Carolina since
April 2001.
Reilly
had
made
the decision to
remove the car from service
and have
it cleaned
at the
Reilly
Granite
City facility.
At some
point, the decision was
made to load the rail car with
crude
coal tar before
shipping to
Granite City facility for cleaning. The rail car was sent from the Koppers facility in
South Carolina to
Sloss
Industries
in
Birmingham, Alabama and
then
shipped to Granite
City.
At the Granite
City facility, an
operator removed the bottom cap
and
the valve
began to
leak.
The operator attempted
to close
the valve,
at which point the valve completely failed.
15.
The Illinois EPA responded to the release on July 4, 2003, with
follow-up
inspections
on July 7, 2003,
July 8,
2003, July
11,
2003,
July 21, 2003
and August 5, 2003.
16.
Reilly contracted with
Onyx Environmental Services (“Onyx”) to
assist with the
clean up.
Onyx employed
a vacuum
truck to
collect the spilled
liquid.
17.
On
July 8,
2003,
crude coal tar
continued to
saturate the ballast along
the track
and
liquid
had accumulated
along the outside walls of the compressor building and
lunchroom.
18.
As
of the Illinois EPA’s July 8,
2003, site visit Onyx
had
recovered approximately
10,000 gallons
of coal
tar.
Two roll-off boxes of contaminated
soil/gravel
had been
excavated.
19.
On
July 11,
2003,
the Illinois
EPA beheld
Onyx personnel
using a
King Vac truck
to
remove the coal
tar contaminated
ballast along and
in between
the tracks.
Onyx personnel
26
also
employed picks
and shovels to
assist the
King
Vac.
As
of this date,
Reilly
had generated
7
roll-off containers of coal tar contaminated soil/rock/debris.
20.
On July 21, 2003, the Illinois
EPA returned
to the facility to monitor clean-up
activities;
Onyx continued
to
work along
the tracks.
As of this date,
19
roll-off containers of
waste had
been excavated during
remediation activities.
21.
On August
5, 2003,
the Illinois EPA reinspected
the
site;
31
roll-off containers of
contaminated soil/gravel
had
been generated.
Reilly reported
to
the inspector that
approximately 12,000 gallons
of coal tar and water were
recovered.
The waste
was shipped
off-site for disposal
as
a special waste.
The
soil affected
by.this release was
remediated to
visually clean.
No confirmation samples have been taken.
22.
Reilly has
caused or allowed contaminants to
be deposited
upon the
land in
such
place and
manner as to create
a water pollution hazard through
its
proximity to groundwater.
23.
By depositing contaminants
upon the
land
in such
place and
manner as
to
create
a water pollution hazard, the Defendant has
violated Section
12(d) of the Act.
415 ILCS 5/12(d)
(2002).
PRAYER
FOR RELIEF
WHEREFORE,
Complainant, the People of the State
of Illinois,
respectfully requests
that the Board enter an
order against the Respondent,
Reilly
Industries,
Inc.:
A.
Authorizing
a hearing
in this matter at which time the
Respondent will
be
required to
answer the allegations herein;
B.
Finding
that Respondent has violated the Act
and regulations as
alleged
herein;
C.
Ordering Respondent to
cease and desist from
any further violations of the Act
and
associated
regulations;
27
0.
Pursuant to Section
42(a) of the Act,
415
ILCS 5/42(a) (2002),
impose
a civil
penalty of
up to fifty thousand
dollars
($50,000.00)
for each violation and an
additional penalty
of ten thousand
($10,000.00) for each day during which such violations
continued;
E.
Pursuant to Section 42(f) of the Act, 415
ILCS
5/42(f) (2002),
award to
Complainant its
costs
and reasonable attorney’s fees; and
F.
Granting such
other relief as the Board
may deem appropriate.
COUNT XIII
JULY 4, 2003,
FACILITY MAINTENANCE VIOLATIONS
1-4.
Complainant realleges and
incorporates
by reference herein paragraphs 2
through
5 of Count
I
as paragraphs
I
through 4 of this Count XIII.
5-7.
Complainant realleges and
incorporates
by reference herein
paragraphs 6
through
8 of Count
IV as paragraphs 5 through 7 of this Count XIII.
8-9.
Complainant realleges and incorporates
by reference herein
paragraphs
14 and
17 of Count V as paragraphs 8 and
9 of this Count XIII.
10-19.
Complainant realleges and
incorporates
by reference herein
paragraphs 12
through
21
of Count XII
as paragraphs
10
through
19 of this Count XIII.
20.
By failing to
maintain and
operate a tank car
so as
to
minimize the possibility of
any unplanned sudden
or non-sudden
release of hazardous waste or hazardous waste
constituents
to soil which could threaten
human
health,
the Respondent has violated
Section
725.131
of the Board’s Land Pollution
Regulations,
35 Ill. Adm.
Code 725.131.
21.
Byviolating
35111. Adm.
Code
725.131, the Respondentviolated
Section 21(f) of
the Act, 415
ILCS 5/21(f) (2002).
PRAYER FOR
RELIEF
28
WHEREFORE,
Complainant, the People of the State of Illinois, respectfully requests
that
the Board
enter an
order against
the Respondent, Reilly Industries,
Inc.:
A.
Authorizing a
hearing
in this matter at which time the
Respondent will
be
required to
answer the allegations herein;
B.
Finding
that Respondent has violated the Act
and
regulations as alleged
herein;
C.
Ordering Respondent to cease
and desist from any further violations of the Act
and associated
regulations;
0.
Pursuant to
Section 42(a)
of the Act, 415 ILCS 5/42(a) (2002),
impose a civil
penalty of
up to
fifty thousand dollars
($50,000.00) for each violation
and an
additional penalty
of ten thousand
($10,000.00) for each day during which such violations
continued;
E.
Pursuant to Section
42(f) of the Act, 415
ILCS
5/42(f) (2002),
award to
Complainant its costs and
reasonable attorney’s fees;
and
F.
Granting such
other relief as the
Board
may deem appropriate.
Respectfully submitted,
PEOPLE OF THE
STATE OF
ILLINOIS,
LISA MADIGAN
Attorney General
State of
Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigatio~~Division
BY:____________________
THOMAS DAVIS,
Chief
Assistant Attorney General
Environmental
Bureau
Of Counsel
SALLY A.
CARTER
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:___________
29
