RECEIVED
CLERK’S OFFICE
FE~032005
STATE OF ILUNOIS
OFFICE OF THE ATTORNEY GENERAL
Pollution Control Board
STATE
OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
February
1,
2005
The Honorable Dorothy Gunn
Illinois Pollution Control
Board
State of
Illinois Center
100 West
Randolph
..Chicago,~Illinois 6060t~
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
SECOND
SUPPLEMENTAL
COMPLAINT. and
SECOND
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
envelope.
Thank you for your cooperation and
consideration.
Very truly yours,
Tom Davis,
Chief
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
•
TTY:
(217) 785-2771
•
Fax:
(217)
782-704~
100
West
Randolph
Street.
Chicago,
Illinois
60601
•
(312)
814—3000
•
TTY:
1312
814-3374
•
Fax:
(312) 8l4-3)~6
1001
1
hU
\I un
(
irbond
ulL
Illinon
62901
(616)
~29
640))
1
1 \
61~)Y9 640~
1
‘~
(616)
,29
6416
R
ECE ~V ED
CLERK’S OFFICE
BEFORE THE ILLINOIS
POLLUTION CONTROL
BOARD
FEB
032005.
STATE OF
ILLINOIS
PEOPLE OF THE STATE OF
)
Pollution
Control Board
ILLINOIS,
Complainant,
vs.
)
PCB No.
03-1 82
)
(Enforcement)
REILLY INDUSTRIES, INC.,
)
an
Indiana corporation,
Respondent.
NOTICE OF FILING
To:
Thomas
G.
Safley
Hodge Dwyer Zeman
3150
Roland
Avenue
P.O.
Box 5776
Springfield,
IL 62705-5776
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
SECOND
SUPPLEMENTAL COMPLAINT and
SECOND SUPPLEMENTAL
COMPLAINT, a
copy of which.
i~
attached h~retoand
herewith sewed
upon you.
Respectfully submitted,
PEOPLE
OF THE
STATE OF
ILLINOIS
LISA MAD IGAN,
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
500 South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
February
1,
2005
CERTIFICATE OF SERVICE
I
hereby certify that
I
did on
February
1, 2005, 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
NOTICE OF FILING,
COMPLAINANT’S MOTION
TO FILE
-
SECOND SUPPLEMENTAL COMPLAINT
and
SECOND SUPPLEMENTAL COMPLAINT
To:
Thomas G. Safley
Hodge Dwyer Zeman
3150
Roland Avenue
P.O.
Box 5776
Springfield, IL 62705-5776
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
1 1-500
100 West
Randolph
Chicago,
Illinois 60601
a copy was also sent to:
Carol Webb
Hearing
Officer
Illinois Pollution
Control Board
1021
N.
Grand
Avenue East
Springfield,
IL 62794
THOMAS
DAVIS,
Chief
Environmental
Bureau
Assistant Attorney General
This filing is submitted
on
recycled paper.
RECEIVED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
FEB
032005
PEOPLE OF THE
STATE
OF ILLINOIS,
)
STATE OF ILLINOIS
)
Pollution
Control Board
Complainant,
vs.
)
No.
3-182
)
(Enforcement)
REILLY INDUSTRIES,
INC.,
)
an
Indiana corporation,
)
Respondent.
COMPLAINANT’S MOTION TO
FILE SECOND
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
initial
Complaint,
the Complainant was
informed of the
violations now
pleaded within
Counts XII
and
XIII,. and was granted leave.taamend.the.
.
Complaint.
Recently, the Attorney General’s
Office received another enforcement referral from
the Illinois
EPA regarding
an incident at the
Reilly facility on
January 28, 2004.
Additionally,
due to the
Respondent’s Answer and
pending settlement negotiations,
information
has
become
available
regarding the accuracy of the current
pleadings.
In the interests
of administrative
efficiency, the inclusion
of an additional count
of alleged violations within the pending
enforcement proceeding
and the modification of previously pleaded factual allegations are
necessary. The additional
claims arose out of occurrences that took place after the filing of the
amended
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
1
of the Illinois Environmental Protection Agency, after the latter has
satisfied
the requirements
of
Section
31
of the Act, 415 ILCS 5/31
(2002),
regarding the allegations within Count XIV.
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
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.
WHEREFORE, Complainant respectfully asks that this Motion
to
File the Second
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
..
MATTHEWJ.DUNN,Chief
.
Environmental
Enforcement
Division
BY:________________________
THOMAS DAVIS,
Chief
Environmental
Bureau
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
February
1, 2005
2
RECE~VED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
FEB
032005
STATE OF ILLINOIS
PEOPLE OF THE
STATE OF ILLINOIS,
)
Pollution
Control Board
)
Complainant,
)
)
v.
)
PCB NO.
03-182
)
(Enforcement)
REILLY INDUSTRIES,. INC.,
)
an
Indiana corporation,
)
Respondent.
SECOND 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:
-
COUNTI
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”).
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.
.
1
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 used
as a continuous unit for coal tar distillation.
The six
batch-type stills are operated
in a 20-hour cycle.
After each still
is filled with coal tar,
natural
gas burners are
ignited.
As the temperature of the tar increases, some of its 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 pr~duáth~
Liquids are
pumped from the receiving
pans
into the appropriate tanks.
The emission
u.nits at
the facility include seven
receiving
pans that are controlled
by a scrubber.
7.
On
March
23, 2000,
Reilly was
issued construction permit no. 99040035 that
authorized
Reilly to
construct seven distillation
stills
a.nd 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
due to
an increase
in production.
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
27,
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.
The stack test
did
not demonstrate compliance
with the applicable
regulations.
2
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
loss
of cooling
water in the scrubber.
Raw data
from the August
1
5th
test were
submitted to the
Illinois
EPA on
October 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 flow regulator controlling the water temperature for the heat exchanger on the
scrubber failed.
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:
“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.
3
17.
Section 219.501 (a) of the Board’s Air Pollution
Regulations,
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
21 9.502(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 six 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
less than
90 percent.
20.A
second test conducted
on August 15,
2001, was
aborted.
21.
A third
stack test conducted on
May 21,
2002,
was
aborted.
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. Adrn.
Code 2
9.501(i) forbatch
operations.
24.
By operating
its batch
stills with
less than
the requisite
efficiency required
by 35
Ill. Adm.
Code 219.501 (a), the Respondent has violated Section
9(a)
of the Act, 415 ILCS
5/9(a) (2002).
PRAYERFOR 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;
4
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:
Corlstruct,
install,
or operate any equipment,faciiity,
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 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
Ill. Adm.
Code 219.501(b),
the Respondent has
violated
Condition
2(d)
of the
construction permit
number 99040035.
5
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
LOS 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 III
-
OPERATING
PERMIT VIOLATIONS
1-18.
The Complainant realleges and
incorporates
by reference paragraphs I
through
18 of Count las
paragraphs
1
through
18 of this Count III.
19.
35
Ill.
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.
6
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
III. 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
regU~flOnS
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
ILCS5/42(f) ~2~2), a~Narding
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.
7
In
September 1999,
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
six batch
stills.
The cuts off of these stills
are water,
light oil,
heavy oil,
creosote and
final products.
The final
products
include 110°C,60°C,and 85°softening point
pitches
and
emulsion-based tar (RT-12).
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
D018),
and petroleum naphtha
(0001,
0018 and
D039).
Reilly periodically
generates lab
packs
(D002,
P
and
U wastes)
and
-
paint waste
(0002).
The non-hazardous wastes include
coal tar residue and construOtion
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.
-
At
one tirne~Reill~
had~o~erated
a
hazardous wa~té
surface
impoundrnent (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
the Illinois
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
ILOS 5/21(e) (2002),
provides:
No
person shall:
8
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
Compliance
Evaluation
Inspections of the facility.
On
June 28, 2000, the roll-off box number 20326
of front
end
oil was
leaking
a
black liquid on the ground.
Approximately 5 to
10
gallons
of hazardous
waste were on the ground
around the door of the
box.
At this time,
liquid was
actively leaking
from the door.
11.
On
July 24, 2000, the weekly container inspection
records
showed
that the roll-
off
box number 20326
had
been
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.
On
July 24, 2000,
the roll-off box number20247,
on a concrete
pad near Tank
T4
and. the locker room and
laboratory, was
leaking.
At this time,
the box was
actively leaking
from both ends
of the box onto the concrete
pad.
Approximately one to three gallons of black
liquid were
on the
pad around
the box.
Roll-off box 20247
had
been
leaking for several
days
and
had
a hole in
the cover tarp.
There was
a large stained
area on the concrete pad
running
to the low spot on
the concrete.
The pad
did
not have
secondary containment.
13.
On
July 24, 2000, there
was waste on top of the tarp covering
roll-off box
number 20417.
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).
9
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;
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:
10
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,
35
III.
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;
16.
Section
722.134(a) of the Board’s Land Pollution
Regulations,
35
III.
Adm.
Code
722.134(a),
provides:
Accumulation
Time
a)
‘E~cept
as
provided
in subsectid
(di,
(e),
or (f) bithis Sectiori,a
-
generator
is exempt from all the requirements
in 35
III.
Adm.
Code 725.
Subparts G
and
H,
except for 35
III.
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
Ill.
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
III.
Adm. Code 725.297(c)
and
725.300;
11
C)
On
drip pads,
and the generator complies with 35
III. 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
DO
(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
-
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;
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
III.
Adm.
Code 725.116 and
728.107(a)(4).
17.
Section
725.131
of the Board’s Land Pollution
Regulations,
35
III.
Adm.
Code
725.131, provides:
Maintenance and
Operation of Facility
12
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, 35
III. 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,
35
III.
Adm.
Code
725.156(j),
provides:
Emergency Procedures
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.
.
.
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.
On
June 28, 2000 and
July 24, 2000,
hazardous waste 0018 was land disposed
of at the Reilly facility.
22.
By land disposing hazardous waste 0018 at the facility without
a RCRA permit,
Reilly operated
a hazardous
waste facility without a permit issued
by the Illinois EPA,
in
violation of Section
21(f) of the Act, 415
ILCS 5/21(f) (2002),
and
35111.
Adm.
Code 703.121(a).
As
Reilly failed
to
comply with
the permit exemption
requirements of 35
III. Adm.
Code
13
722.134(a), specifically Sections 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.
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
rriay 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.
14
16.
Unplanned
sudden
or non-sudden releases
of hazardous
waste or hazardous
waste
constituents to
the air,
soil
or surface water occurred at the facility on Uune 28, 2000
and
July 24,
2000.
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
III.
Adm.
Code 725.131.
18.
By violating
35
III. 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;
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
($16,000.00) 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.
15
COUNT VII
CONTINGENCY PLAN VIOLATIONS
1-5.
Complainant realleges and
incorporates
herein paragraphs
1
through 5 of Count
I
as
paragraphs
1
through 5
of this Count VII.
6-13.
Complainant realleges and
incorporates herein
paragraphs
6 through 13
of
Count
IVas 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.
On
June 28, 2000 and July 24, 2000,
Reilly failed
to follow its contingency plan
by not reporting the release of front end oil (0018)
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.Code725.151(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).
PRAYER
FOR RELIEF
.
16
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
LOS 5/42(f)
(2002),
award.to
Complainant its Oosts 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
IVas
paragraphs 6 through
13
of this Count VIII.
14-15.
Complainant realleges and
incorporates herein
paragraphs
14 and
20 of
Count V
as paragraphs
14 through l5of
this Count VIII.
16.
On July 24, 2000, there was a
hole
in the tarp covering
roll-off box number
20247.
17
17.
By failing to
manage roll-off
box 20247
in
a closed container during
storage,
Reilly has violated 35
Ill.
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 ~ndregulations as alleged
herein;
C.
Ordering Respondent to cease and
desist from any further ‘~iiolatiohs
Of th’é”A0f~
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,’41 5
ILCS 5/42(f)
(2002),
awardTo
-
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.
18
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 had failed
to
send a copy
of Manifest
lL7810209,
dated June
9,
2000, to
the
Illinois EPA within two working days.
‘
‘
.
-‘
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
35
Ill. Adm.
Code 722.1 23(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;
19
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
($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.
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~
~
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.
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
11
feet
wide was
impacted.
The coal tar release was
caused by operator error when the wrong valve
20
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.
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;
21
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.
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.
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 proxiniity”tog’~bllhdWater
-.
-
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 FORRELIEF
WHEREFORE,
Complainant,
the People of the State of Illinois, respectfully requests
that the
Board
enter an
order against the Respondent,
Reillylndustries,
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;
22
C.
Ordering Respondent to cease
and
desist from
any further violations ~f 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 XI
NOVEMBER 1, 2000, AIR POLLUTION VIOLATION
1,.,
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 XI.
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 l2ofthisCountXl.
.
-.
13.
The loss
of 1,500 gallons of creosote caused, threatened or allowed the
emission
of contaminants so
as
to cause or tend to
cause air pollution
in the State because it
resulted
in 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.
14.
By allowing the loss
of 1,500 gallons of creosote so as
to
cause or tend
to cause
air pollution
in
Illinois, either alone or in
combination with
contaminants from other sources,
Reilly has
violated Section
9(a) of the Act, 415
LOS 5/9(a)
(2002).
23
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;
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 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
24
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 Woodward, Alabama, since April 2001.
Reilly
made
the decision to
remove the car from
service.
At some
point,
the decision
was
made to
return the rail car to
service.
The
rail car was
subsequently loaded
with
crude coal tar at Sloss
Industries
in North
Birmingham, Alabama,
and shipped
back to Reilly’s Granite
City facility.
On
July
4,
2003,
a
Reilly 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,
Onyx personnel used
a King
Vac truck
to
remove
the coal tar
contaminated
ballast along
and
in
between the tracks.
Onyx personnel
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.
25
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
roIl-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
s’uOh’pI
e’andman’ner a~tO’create
a water pollution hazard,
the Defendant has violated
Section 12(d) of the Act.
415
ILOS 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 Réspondent,’Reilly Industries,’lñc’~
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;
26
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
1
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 hCaIth~’
the’ Res~ohdehthaC
violated Section’’’’’’
725.131
‘of the Board’s
Land
Pollution
Regulations, 35
III.
Adm.
Code 725.131.
21.
By violating
35
III.
Adm.
Code 725.131, the Respondent 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;
27
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
LOS
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 XIV
JANUARY 28, 2004, AIR POLLUTION
VIOLATION
1-9.
Complainant realleges and
incorporates
herein paragraphs
1
through 6 and
14
through
16 of Count
I
as paragraphs
1
through
9 of this Count XIV.
10.
On January
28, 2004,
still #6 exploded
and
caused
a
heat transfer fluid
line to
leak coal tar
pitch, which then
ignited
and
the resulting fire caused emissions of particulate
matter, volatile organic ‘material and
carbon monoxide.
11.
The explosion and
fire caused,
threatened or allowed the emission
of
contaminants so as to cause or
tend to cause
air pollution in the
State
because such resulted
in
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.
12.
By allowing
the explosion and
fire so as
to cause
or tend to
cause air pollution
in
Illinois, either alone or in combination with
contaminants from other sources,
Reilly has
violated
Section
9(a) of the Act, 415 ILCS 5/9(a) (2002).
28
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;
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.
Respectfully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY~_____________________
THOMAS
DAVIS,
Chief
Assistant Attorney General
Environmental
Bureau
500 South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:___________
29
