RECEi~vED
CLERK~QFFV~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
M~Y
2
9
2003
STATE
OF
ILLINOIS
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
Pollution
Control Board
Complainant,
VS.
)
No.
PCBO~~
(Enforcement
-
Air)
LEHIGH PRESS,
INC.,
a Pennsylvania
corporation,
a/k/a
LEHIGH PRESS-
CADILLAC,
LEHIGH CADILLAC-DIRECT,
LEHIGH DIGITAL
AND
LEHIGH DIRECT,
Respondent.
NOTICE OF FILING
TO:
Mr. Joseph A.
Strubbe
Vedder,
Price, Kaufman & Kammholz
222 North LaSalle Street
Chicago, Illinois
60601
PLEASE TAKE NOTICE that
I have today filed with the Illinois
Pollution Control Board a Complaint, Notice of Filing,
and a
Certificate of Service on behalf of the People of the State of
Illinois,
a copy of which
is attached and herewith served upon
you.
Section 103.204(f)
of the Pollution Control Board Procedural
Rules,
35
Ill. Adm.
Code 103.204(f)
provides:
“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.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General
State of Illinois
BY:
_________
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th Flr.
Chicago,
IL 60601
(312)
814-3816
DATE:
May
29,
2003
H;\cornmon\Environmental\Z BEREKET-AB\LEHIGH-CADILL~C.wpd
THIS
FILING
IS
SUBMITTED
ON
RECYCLED
PAPER
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S
()crrpp
PEOPLE OF THE STATE OF ILLINOIS,
)
M~Y
2
9
2003
STATE OF
ILLINOIS
Complainant
;•
)
PollutiOfl Control Board
-vs-
~)
No. PCBO~
~
LEHIGH PRESS,
INC.,
a Pennsylvania
)
(
Enforcement
-
Air)
corporation,
a/k/a LEHIGH PRESS-
CADILLAC,
LEHIGH CADILLAC-DIRECT,
)
LEHIGH DIGITAL
AND
LEHIGH DIRECT,
)
Respondent.
).
COMPLAINT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS by LISA
MADIGAN, Attorney General
of the State of Illinois,
complains of
Respondent,
LEHIGHPRESS,
INC.,: a Pennsylvania Corporation,
as
follows:
COUNT I
CAUSING OR ALLOWING AIR POLLUTION
1.
This Complaint
is brought by Attorney General Lisa
Madigan 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 administrative agency of the
State of Illinois,
created pursuant to Section 4 of the Act,
415
ILCS 5/4
(2002),
and charged,
inter alia,
with the duty of
enforcing the Act.
3.
Respondent, Lehigh Press,
Inc.,
is a Pennsylvania
corporation qualified to do business in the State of Illinois.
-1-
The Illinois Secretary of State’s corporate records and business
registration show that Lehigh Press,
Inc.
uses several trade
style names such as Lehigh Press-Cadillac,
Lehigh Cadillac
-
Direct,
Lehigh Digital and Lehigh Direct
(hereinafter referred to
as “Lehigh”)
4.
At all times relevant to this COmplaint,
Lehigh owned
and operated a commercial printing facility located at 25th and
Lexington Avenue, Broadview,
Cook County,
Illinois
(“Facility”)
5.
At the Facility,
Lehigh operates eight emission units
which consist of heatset web offset lithographic printing presses
with dryers.
6.
On February 24,
1999,
the
press-Cadillac Clean Air Act Permit
to operate eight emission source(s)
equipment consisting of heatset web
presses with dryers including Press
February 24,
2004.
7.
On May 29,
2001,
the Illinois EPA issued construction
permit no. 01040039 to Lehigh Cadillac-Direct to construct
a
ninth press (Press
#
47)
8.
On January
16,
2002,
the Cook County Department of
Environmental Control
(“CCDEC”)
inspected the Facility and
observed the following violations of the Act,
Illinois Pollution
Control Board
(“Board”) Air Pollution Regulations, and
Respondent’s CAAPP permit No.
95100080:
failure to promptly notify the Illinois EPA of
noncompliance with CAAPP permit No.
95100080;
Illinois EPA issued to Lehigh
Program permit No.
95100080
and pollution control
offset lithographic printing
#
34.
The permit expires on
-2-
•
failure to operate and maintain the flame oxidizer
for Press #34 above the required temperature of
1400°F during operation of the print line as
required by C.AAPP permit no.
95100080;
•
failure to operate the flame oxidizer for Press
#34 so that volatile organic material
(“VOM”)
emissions from the press dryer exhaust are reduced
by 90 percent;
•
failure to install,
calibrate,
operate and
maintain,
in accordance with the manufacturer’s
specifications,
a continuous recorder on the
temperature monitoring device(s),
such as a strip
chart,
recorder or computer, with at least the
same accuracy as the temperature monitor,
for the
flame oxidizer on Press #34;
•
failure to collect and record daily afterburner
monitoring data for the flame oxidizer on Press
34;
9.
On the basis of the CCDEC’s observations,
the Illinois
EPA, on May
16,
2002,
issued a violation notice to Lehigh
Cadillac-Direct for violations of the Act, Board regulations and
CAAPP permit conditions.
10.
Section
9(a)
of
the
Act,
415
ILCS
5/9(a)
(2002),
provides as follows:
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;
11.
Section 201.141 of the Illinois Pollution Control Board
(“Board”) Air Pollution Regulations,
35
Ill. Adm. Code 201.141,
titled,
Prohibition of Air Pollution,
provides as follows:
-3-
No person shall cause or allow the discharge or
emission of any contaminant into the environment in any
State so as, either alone or in combination with
contaminants
from
other
sources,
to
cause
or
tend
to
cause air pollution in Illinois,
or so as to violate
the provisions of this Chapter, or so as to prevent the
attainment or maintenance of any applicable ambient air
quality standard.
12.
Section 201.102 of
the
Board
Air
Pollution
Regulations,
35
Ill. Adm. Code 201.102, defines
“air pollution”
as:
The presence in the atmosphere of one or more air
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.
13.
Section
201.102
of
the
Board
Air
Pollution
Regulations,
35
Ill.
Adm.
Code
201.102,
defines
“air
contaminant”
as:
Any
solid,
liquid or gaseous matter,
any odor or any
form
of
energy,
that
is
capable
of being released into
the
atmosphere
from
an
emission
source.
14.
Section
39.5(6)
(a)
of the Act,
415
ILCS
5/39.5(6)
(a)
(2002),
titled,
Prohibitions, provides as
follows:
It shall be unlawful for any person to violate any
terms or conditions of a permit issued under this
Section,
to operate any CAAPP source except in
compliance with a permit issued by the
Illinois
Environmental Protection
Agency under this Section or
to
violate
any
other
applicable
requirements.
15.
Section 3.26 of the Act,
415 ILCS 5/3.26
(2002),
defines
“person” as follows:
“PERSON”
is any individual, partnership, co-
partnership,
firm,
company,
limited liability company,
corporation,
association,
joint
stock company,
trust,
• estate,
political
subdivision,
state
agency,, or any
other legal entity,
or their legal representative,
agent or assigns.
-4-
16.
Lehigh is a person as that term is defined
in Section 3.26 of the Act,
415 ILCS 5/3.26
(2002).
17.
Section 39.5(1)
of the Act,
415 ILCS 5/39.5(1) (2002),
titled,
Definitions, provides the following relevant definitions:
“CAAPP” means the Clean Air Act Permit Program.
“CAAPP Permit” or “permit” means any permit issued,
renewed,
amended,
modified
or
revised
pursuant
to
Title
V of the Clean Air Act.
“CAAPP Source” means any source for which the owner or
operator is required to obtain a CAAPP permit.
“Emission unit” means any part or activity of a
stationary source that emits or has the potential to
emit any air pollutant.
“Owner or operator” means any person who owns,,
leases,
operates,
controls,
or
supervises a stationary source.
“Stationary
source”
means
any
building
structure,
facility, or installation, that emits or may emit any
regulated air pollutant.
18.
Lehigh is an owner or operator because
it
owns
and
operates
the
Lehigh-Cadillac
stationary
source.
19.
The
nine
heatset
web
offset
lithographic
printing
presses
are
emission
units
that
have
the
potential
to
emit
regulated
air
pollutants.
20.
The
Lehigh
facility
is
a
stationary source because
it
is
a structure or facility that emits or may emit any regulated
air pollutants such as volatile organic materials
(“VOM5”)
21.
VOMs,
air contaminants, are gaseous matter that are
capable of being released into the atmosphere from an emission
source as the term “air contaminant”
is defined by Section
-5-
201.102 of the Board Air Pollution Regulations,
35
Ill, Adm. Code
201.102.
22.
Section 218.407 (a) (1) (c)
of the Board Air Pollution
Regulations,
titled, Emission Limitations and Control
Requirements for Lithographic Printing Lines on and after March
15,
1996,
35
Ill. Adm. Code 218.407 (a) (1) (c)
,
provides as
follows:
a)
On and after March 15,
1996,
no owner or operator
of lithographic printing line(s)
subject to the
requirements of this Subpart shall:
1)
Cause or allow the operation of any heatset
web offset lithographic printing line unless:
C)
An afterburner is installed and operated
so that VOM emissions
(excluding methane
and ethane)
from the press dryer
exhaust(s)
are
reduced
by
90
percent,
by
weight,
or to a maximum afterburner
exhaust outlet concentration of
20 ppmv
(as carbon)
23.
Condition 7.1.3(e) (i) (C) of CAAPP permit No.
95100080
issued
to Respondent provides as follows:
An afterburner
is installed and operated so that VOM
emissions (excluding methane and ethane)
from the press
dryer exhaust(s)
are reduced by 90 percent, by weight,
or
to
a
maximum
afterburner
exhaust
outlet
concentration of 20 ppmv
(as carbon).
24.
Condition 7.1.5(a)
of CAAPP permit No.
95100080 issued
to Lehigh-Cadillac on February 24,
1999, provides as follows:
The afterburners
(2013,
2046,
and the flame oxidizer)
combustion
chamber shall be preheated to’ the
manufacturer’s recommended temperature but not lower
than 1400°F, before the printing process is begun,
and
this temperature shall be maintained during operation
of the affected printing lines.
25.
From February 1999, until July 2002,
Respondent failed
-6-
to operate the afterburner of Press #34 at or above the minimum
temperature of 1400°F as required by permit condition 7.1.5(a)of
CAAPP permit no.
95100080.
26.
The required minimum operating temperature of 1400°F.
would ensure a 90 percent reduction in VON emissions as required
by 35 Ill.
Adm. Code 218.407 (a) (1) (c) and permit condition
7.1.5(a).
27.
By operating the afterburner of press #34 at a
temperature
below
1400°F,
Respondent
failed
to
demonstrate
compliance with the 90
reduction in VOM emissions,
thereby,
causing,
threatening or allowing the release of VOM,
air
contaminants,
into the environment in the State of Illinois.
28.
By causing, threatening or allowing VOM, air
contaminants,
to be released into the environment, Respondent
caused,
threatened,
or allowed air pollution in Illinois in
violation
of
Section
9(a)
of the Act and Section 201.141 of the
Board
Air
Pollution
Regulations.
29.
By operating the afterburner at
a temperature below
1400°Fand by failing to demonstrate that
it reduces VOM
emissions from the Facility by
90,
Respondent
violated
Sections
9(a) and 39.5(6) (a)
of the Act,
415 ILCS 5/9(a) and
39.5(6) (a) (2002),
35
Ill. Adm.
Code 218.407(a) (l)(c), and
conditions 7.1.5(a)
and 7.1.3(e) (i) (C)
of CAAPP permit No.
95100080.
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
-7-
Complainant and against Respondent with respect to Count
I:
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent has violated Sections
9(a) and
39.5(6) (a)
of the Act,
35
Ill. Adm. Code 218.407 (a) (1) (C)
and
CAAPP permit conditions 7.1.5(a) and 7.1.3(e) (1) (C)
of permit No.
95100080;
3.
Ordering
Respondent
to
cease and desist from any
further violations of the Act and 35 Ill. Adm. Code provisions
and CAAPP permit conditions cited above;
4.
‘Assessing
a civil penalty against Respondent in the
amount of Fifty Thousand Dollars
($50,000.00)
for each violation
of Section 9(a)
of the Act, and Board Air Pollution regulations
promulgated thereunder and CAAPP permit conditions, with an
additional civil penalty of Ten Thousand Dollars
($10,000.00) per
day for each day of violation of Section 9(a)
of the Act,
and Ten
Thousand Dollars
($10,000.00) per day for each violation of
Section 39.5(6) (a)
of the Act;
5.
Ordering Respondent to pay all costs pursuant to
Section 42(f)
of the Act,
including attorney, expert witness and
consultant fees expended by the State in its pursuit of this
action;
and•
6.
Granting such other relief
as the Board deems
appropriate.
-8-
COUNT II
FAILURE TO INSTALL RECORDING DEVICES AND FAILURE TO
COLLECT MONITORING DATA
1
-
20.
Complainant realleges and incorporates by
reference herein, paragraphs
1 through 6 and paragraphs 8-21 of
Count
I as paragraphs
1 through 20 of this Count II.
21.
Section 9(b)
of the Act, 415 ILCS 5/9(b) (2002),
provides as follows:
No person shall:
b.
Construct,
install, or operate any equipment,
facility,
vehicle, vessel, or aircraft capable of
causing or contributing to air pollution or
designed to prevent air pollution,
of any type
designated by Board regulations, without
a permit
granted by the Agency, or in violation of any
conditions imposed by such permit.
22.
Section 218.410(c)’ (2)
of the Board Air Pollution
Regulations,
35
Ill.
Adm. Code 218.410(c) (2),
titled,
Monitoring
Requirements for Lithographic Printing’, provides as follows:
c)
Afterburners For Heatset Web Offset Lithographic
Printing Line(s)
.
If an afterburner is used to
demonstrate compliance,
the owner or operator of a
heatset web offset lithographic printing line
subject to Section 218.407 (a) (1) (C)
of this
Subpart shall:
2)
Install,
calibrate,
operate and maintain,
in
accordance with manufacturer’s specifica-
tions,
a continuous recorder on the
temperature monitoring device(s),
such as a
strip
chart,
recorder
or
computer,
with
at
least the same accuracy as the temperature
monitor.
23.
Condition 7.1.9(c) (ii)
of CA~PPpermit NO. 95100080
provides as follows:
Pursuant
to
35
IAC
218.411(b)
(3),
an
owner
or
operator
of a heatset web offset lithographic printing line(s)
-9-
subject to the control requirements of Condition
7.1.3(e) (i) (C)
(see also 35 IAC 218.407 (a) (1)
(C)
shall
collect and record daily the following information for
each heatset web offset lithographic printing line
subject to the requirements of Condition 7.1.3(e)
Ci)
Cc)
(see also 35 IAC 218.407 (a) (1) (c)
ii.
A log of operating time for the afterburner,
monitoring equipment,
and the associated
printing press
35
IAC 218.411(b) (3) (B);
24.
Section 218.411(b) (3)
of the Board Air Pollution
Regulations,
35
Ill. Adm.
Code 218.411(b) (3),
titled, Recording
and Reporting for Lithographic Printing, provides,
in pertinent
part,
as follows:
b)
An
owner
or
operator
of
a heatset web offset
lithographic printing line(s)
subject to the
control requirements of Section 218.407 (a) (1) (C)
or
(b) (1)
of this Subpart shall comply with the
following:
3)
On and after March 15,
1996,
collect and
record daily the following information for
each heatset web offset lithographic printing
line subject to the requirements of Section
218.407 (a) (1) (C)
(
or
(b) (1)
of this Subpart:
A)
Afterburner or other approved control
device monitoring data in accordance
with Section 218.410(c)
or
Cd)
of this
Subpart, as applicable;
B)
A log of operating time, for the
afterburner or other approved control
device, monitoring equipment,
and the
associated printing line;
C)
A maintenance log for the afterburner or
other approved control device and
monitoring equipment detailing all
routine and non-routine maintenance
performed,
including dates and duration
of any outages;
25.
Operating permit condition 7.1.9(c)
Ci)
of CAAPP permit
No.
95100080 provides as follows:
-10-
Pursuant to 31 IAC 218.411(b) (3),
an owner or operator
of a heatsët web offset lithographic printing line(s)
subject to control requirements of Condition’
7.1.3(e)
Ci)
(C)
(see also
35 IAC 218.407 (a) (1) (C)
shall
collect and record daily the following information for
each heatset web offset lithographic printing line
subject to the requirements of Condition 7.1.3(e) (i) (C)
(see also 35 IAC 218.407(a) (1) (C)):
i.
Afterburner monitoring data in
accordance with Condition 7.1.8(c)
(see
also 35 IAC 218.401(c)
35
IAC
218.411(b)
(3) (A);
26.
The afterburner on Press #34 was equipped with a chart
recorder.
However,
in June 1997,
the chart recorder broke and
sometime in July 2002, Respondent reconfigured Press #34 by
removing the flame oxidizer and reducting the emissions from
Press #34 to the Facility’s
larger’ existing afterburner.
During
this time,
the afterburner was not equipped with the required
recording device.
27.
From June 1997 until the press was’ reconfigured in July
2002,
Respondent did. not collect and record monitoring data for
Press #34.
28.
By failing to install,
calibrate,
operate,
maintain,
collect and record data on press #34, Respondent violated
Sections
9(b) and 39.5(6) (a)
of the Act, 415 ILES 5/9(b)
and
39.5(6) (a) (2002),
35
Ill. Adm. Code 218.410(c) (2),
218.411(b) (3)
and Condition 7.1.9(c) (1)
of CAAPP operating permit No.
95100080
and Condition 1.1.9(b) (i)
of construction permit No.
01040039.
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant and against Respondent with respect to Count
II:
.11—
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein;
2.
Finding Respondent has violated Sections
9(b)
and
39.5(6) (a)
of the Act,
35
Ill. Adm. Code 218.410(c) (2),
218.411(b)
(.3),
and Condition 7.1.9(c) (1)
of CAAPP operating’
permit No.
95100080;
3.
Ordering Respondent to cease and desist from further
violations
of the Act, Board Air Pollution Regulations and
operating and construction permit conditions;
4.
Assessing
a
civil
penalty
against
Respondent
in
the
amount
of
Fifty
Thousand
Dollars
($50,000.00)
for
each
violation
of Section 9(b) the Act and Board regulations promulgated
thereunder and CAAPP permit conditions with an additional civil
penalty of Ten Thousand Dollars
($10,000.00) per day for each day
of violation of Section 9(b)
of the Act; and Ten Thousand Dollars
(~l0,000.00)per day for each violation of Section 39.5(6)
(a)
of
the Act;
5.
Ordering Respondent to pay all costs pursuant to
Section 42(f)
of the Act,
including attorney,
expert witness and
consultant fees expended by the State
in its pursuit of this
action; and
6.
Granting such other relief as the Board deems
appropriate.
-12-
.‘...‘‘. ~..‘.~
COUNT
III
FAILURE TO REPORT
TO THE ILLINOIS
EPA
NONCOMPLIANCE WITH PERMIT CONDITIONS
1
-
8.
Plaintiff realleges and incorporates by reference
herein,
paragraphs
1
through
6
and
paragraphs
8 and
9 of Count
I
as paragraphs
1 through 8 of this Count III.
9.
Condition 5.7.1 of CAAPP permit No.
95100080 issued to
Lehigh provides as follows:
The Permittee shall promptly notify the Illinois EPA,
Compliance Section of noncompliance with the permit
requirements as follows, pursuant to Section 39.5(7) (f) (ii)
of the Act.
Reports shall describe the probable cause of
such deviations,
and any corrective actions or preventive
measures
taken.
10.
From February 24,
1999,
the date the
CAAPP
permit was
issued, until July 2002, when Lehigh recOnfigured Press #34 by
removing
the
flame
oxidizer
and reducting the emissions from
Press #34 to the Facility’s larger existing afterburner,
Respondent did not operate Press #34 in compliance with the terms
and conditions of its CA~PPpermit No. 95100080 which requires
Respondent to maintain a continuous temperature recorder and data
monitoring equipment.
11.
As required by condition 5.7.1 of CAAPP permit No.
95100080, Respondent did not promptly notify the Illinois EPA
when
it
reconfigured
Press
#34
and
also
operated
the
press
without the required data monitoring equipment.
12.
By failing to comply with condition 5.7.1 of its CAAPP
permit NO.
95100080, Respondent violated Sections 39.5(6) (a)
and
9(b)
of the Act, 415 ILCS 5/39.5(6) (a)
and 9(b) (2002).
-13-
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully
requests
that
the
Board
enter
an
order
in
favor
of
Complainant
and
against
Respondent
with
respect
to
Count
III:
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein;
2.
Finding
Respondent
has violated Sections 39.5(6) (a)
and
9(b)
of the Act and CA~PPpermit conditions 5.7.1;
3.
Ordering Respondent to cease and desist from further
violations
of
Section
39.5(6)
(a)
and
9(b)
of the Act and CAAPP
permit condition 5.7.1;
4.
Assessing
a
civil
penalty
against
Respondent
in the
amount
of Fifty Thousand Dollars
($50,000.00)
for each violation
of Section 9(b)
of the Act and the regulations promulgated
thereunder and CAAPP permit condition 5.7.1 with an additional
civil penalty of Ten Thousand Dollars
($10,000.00) per day for
each day of violation of Section 9(b)
of the Act,
and for
regulations promulgated thereunder and CAAPP permit condition
5.7.1 and Ten Thousand Dollars
($10,000.00) per day for each day
during which the violation continues;
5.
Ordering Respondent to pay all costs pursuant to
Section 42(f)
of the Act, including attorney,
expert witness and
consultant tees expended by the State
in its pursuit of this
action; and
6.
Granting
such
other
relief
as
the
Board
deems
appropriate.
-14-
COUNT IV
FAILURE TO SUBMIT COMPLETED SEMI-ANNUAL REPORTS
AND
ANNUAL COMPLIANCE CERTIFICATIONS
1
-
20.
Plaintiff realleges and incorporates by reference
herein,
paragraphs
1
through
6
and
paragraphs
8 through 21 of
Count
I as paragraphs
1 through 20 of this Count IV.
21.
Condition 8.6.1 of CAAPP permit No. 95100080 provides
as follows:
A report summarizing required monitoring as specified
in the conditions of this permit shall be submitted to
the Air Compliance Section of the Illinois EPA every
six months as
follows
Section
39.5(7) (f)
of the Act
Monitoring Period
Report Due Date
January
-
June
September 1
July
-
December
March
1
All instances of deviations from permit requirements
must be clearly identified in such reports.
All such
reports shall be certified in accordance with Condition
9.9
22.
Condition 9.8(a)
of CAAPP permit No.
951000.80 provides
as follows:
Pursuant to Section 39.5(7) (p) (v)
of the Act, the
Permittee shall submit compliance certifications
annually
or
more
frequently
as
specified
in
the
applicable requirement or by permit condition.
a.
The certification shall’ include the
identification of each term or condition of
this permit that is the basis of the
certification; the compliance status; whether
compliance was continuous or intermittent;
the method(s) used for determining the
compliance status of the source, both
currently and over the reporting period
consistent with the conditions of this
permit.
-15-
23.
Respondent submitted incomplete semi-annual monitoring
reports and annual compliance certifications for calendar years
2000 and 2001.
24.
Respondent did not report the instances of deviations
from permit requirements
for press #34 in the semi-annual reports
and annual compliance certifications
f
or
calendar
years
2000
and
2001.
.
25.
By failing to submit complete semi-annual reports and
compliance
certifications
for
calendar
years
2000 and 2001,
Respondent violated permit Conditions 8.6.1 and 9.8(a).
26.
By tailing to comply with permit conditions 8.6.1 and
9.8(a),
Respondent violated Sections 39.5(6) (a) and 9(b)
of the
Act,
415 ILCS
5/39.5(6)
(a)
and 9(b)
(2002).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order in favor of,
Complainant and against Respondent with respect of Count
IV:
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent has violated Section 39.5(6) (a)
and 9(b)
of the Act and CAAPP permit conditions
8.6.1 and 9.8(a)
of CAAPP permit No.
95100080;
3.
Ordering
Respondent
to
cease and desist from any
further violations of Section 39.5(6) (a) and 9(b)
of the Act and
the CAAPP permit conditions cited above;
4.
Assessing
a
civil
penalty against Respondent in the
amount of Fifty Thousand Dollars
($50,000.00) for each violation
-16-
of Section 9(b)
of the Act and regulations promulgated thereunder
and CAAPP permit condition 8.6.1 of CAAPP permit no.
95100080
with an additional civil penalty of Ten Thousand Dollars
($10,000.00) per day for each day during which the violation
continues;
5.
Ordering Respondent to pay all costs pursuant to
Section 42(f)
of the Act, including attorney, expert witness and
consultant fees expended by the State in its pursuit of this
action; and
6.
Granting such other relief as the Board deems
appropriate.
COUNT V
CONDUCTING EMISSION TESTING WITHOUT NOTIFYING
THE ILLINOIS EPA
1
-
8.
Complainant realleges and incorporates by reference
herein, paragraphs
1
through
7 and 14 of Count
I as paragraphs
1
through
8 this Count V.
9.
Section 9(b)
of the Act,
415 ILCS 5/9(b) (2002),
provides as follows:
No person shall:
b.
Construct,
install, or operate any equipment,
facility, vehicle, vessel,
or aircraft capable of
causing or contributing to air pollution or
designed to prevent air pollution,
of any type
designated by Board regulations,
without a permit
granted by the Agency,
or in violation of any
conditions imposed by such permit;
10.
Condition 1.1.7(a)
of construction permit No.
01040039
issued to Respondent to construct press #47 provides as follows:
-17-
Testing to demonstrate compliance with the requirements
of Condition 1.1.3(d)
(see also 35 IAC 218.407(a))
shall be conducted by the Permittee within 60 days of
initial startup.
Such testing shall be conducted at
the expense of the Permittee and the Permittee shall
notify the Illinois EPA in writing 45 days in advance
of conducting such testing to allow the Illinois EPA to
review the procedures proposed for emission testing and
to be present during such testing.
11.
Respondent had an initial startup for press #47 on
August
2,
2001.
12.
On February
5,
2002,
Respondent
conducted
emission
testing on press #47 to demonstrate compliance with permit
conditions.
13.
Construction permit condition 1.1.7(a)
requires
Respondent
to’ notify the Illinois EPA in writing 45 days in
advance
of
conducting
such
testing.
14.
Respondent did not notify the Illinois EPA 45 days
prior to February
5,
2002.
Respondent notified the Illinois EPA
on February 7,
2002,
two days
after
it had already conducted the
emission testing.
15.
By failing to notify the Illinois EPA
45
days
prior
to
testing,
Respondent violated Condition 1.1.7(a) of its
construction permit No.
01040039.
16.
By violating its construction permit condition,
Respondent also violated Sections 9(b)
and 39.5(6) (a)
of the Act,
415 ILCS 5/9(b)
and 39.5(6)
(a)
(2002).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully
requests
that
the
Board
enter
an
order
in
favor
of
Complainant and against Respondent with respect to Count V:
-18-
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein;
2.
Finding that Respondent has violated Sections 9(b) and
39.5(6) (a)
of the Act and condition 1.1.7(a)
of Construction
permit No.
01040039;
3.
Ordering Respondent to cease and desist from any
further violations of Sections 9(b) and 39.5(6) (a)
of
the
Act and
construction permit conditions;
4.
Assessing a civil penalty against Respondent in the
amount of Fifty Thousand Dollars
($50,000.00)
for each violation
of Sections
9(b)
and
39.5(6) (a)
of the Act,
and condition
1.1.7(a)
of construction permit no.
01040039, with an additional
civil penalty of Ten Thousand Dollars
($10,000.00)
per day for
each day during which the violation continues;
5.
Ordering Respondent to pay all costs pursuant to
Section 42(f)
of the Act,
including attorney,
expert witness and
consultant fees expended by the State in its pursuit of this
action; and
-19-
6.
Granting such other relief as the Board deems appropriate.
PEOPLE OF THE STATE OF ‘ILLINOIS
LISA
MADIGAN
Attorney General
State
of
Illinois
MATTHEW J.
DUNN,
Chief
Environmental Enforcement/Asbestos
Litigation
Division
By:
~
~
RO~MAR
~
Ch~
Envi~nthenta1Bureau
Assistant Attorney Genera1~
OF COUNSEL:
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 West Randolph Street,
20th Floor
‘
Chicago,
IL 60601
(312)
814-3816
g:\common\Znviroiuneutal\Carmel\LEIQH
PRESS
COMP.wpd
-20-
CERTIFICATE OF SERVICE
I, ZEMEHERET BEREKET-AB,
an Assistant Attorney Gene+ral
in
this case,
do certify that on this
29th day of May 2003,
I caused
to be mailed via certified mail the foregoing Complaint,
Notice
of Filing,
and a Certificate of Service upon the person listed on
the Notice of Filing by placing same in an envelope, postage
prepaid,
and depositing same with the United States Postal
Service at 100 West Randolph Street,
Chicago,
Illinois.
ZEMEHERET BEREKET-AB
H: \common\Environmental\Z
BEREKET-AB\LEHIGH-CADILLAC.wpd
