RECEIVED
CLERK’S OFFV~E
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL
7
2003
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
by
LISA
MADIGAN,
Attorney
)
Pollution
Control Board
General of the State of Illinois,
Complainant,
v.
)
No.
PCB 04-k
(Enforcement
-
Air)
BEST-WAY CONSTRUCTION &
REMEDIATION,
INC.,
an Illinois corporation, and
)
CLINTON 6 L.L.C., an Illinois
limited liability company•
Respondents.
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on July 7,
2003,
the People of the
State of Illinois filed with the Illinois Pollution Control Board
a Complaint,
true and correct copies of which are attached and
hereby served upon you.
Failure to file an answer to this complaint within 60 days
may have severe consequences.
Failure to answer will mean that
all allegations in the complaint will be taken as
if admitted for
purposes of this proceeding.
If you have any questions about
this procedure,
you should contact the hearing officer assigned
to this proceeding,
the Clerk’s Office,
or an attorney.
Respectfully submitted,
LISA
MADIGAN
Attorney General
State of Illinois
BY:
JJLI4~4~~
JOEL J. STERNSTEIN
Assistant Attorney General
Environmental Bureau
188
W. Randolph St., 20th Floor
Chicago, Illinois
60601
(312)
814-6986
THIS FILING IS SUBMITTED ON
RECYCLED
PAPER
SERVICE LIST
Mr.
Chris Pressnall,
Esq.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box 19276
Springfield,
Illinois 62794-9276
Mr. James Brusslan,
Esq.
Levenfield Pearistein
2 North LaSalle Suite 1300
Chicago,
IL 60602
Mr. Matthew Connelly
Mr. Cory Anderson
Connelly, Roberts
& McGivney
1 North Franklin, Suite 1200
Chicago,
IL 60606
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~LERK’SOFFICE
PEOPLE OF THE STATE
OF
ILLINOIS,
)
JUL
7 2003
by LISA MADIGAN, Attorney
General of the State of Illinois,
)
STATEOFILLINOIS
Pollution Control Board
Complainant,
v.
)
No. PCB 04-
(Enforcementt
-
Air)
BEST-WAY CONSTRUCTION &
REMEDIATION,
INC.,
an Illinois corporation, and
CLINTON 6 L.L.C.,
an Illinois
limited liability company
Respondents.
COMPLAINT FOR CIVIL PENALTIES
Complainant,
People of the State of Illinois, by LISA
MADIGAN, Attorney General of the State
of, Illinois,
on her own
motion and at the request of the Illinois Environmental
Protection Agency (“Illinois EPA”)
complains of Respondents BEST-
WAY CONSTRUCTION
AND
REMEDIATION (“BEST-WAY”),
an Illinois
corporation,
and CLINTON
6 L.L.C.
(“CLINTON 6”),
an Illinois
limited liability company as follows:
COUNTI
AIR POLLUTION
1.
This Complaint
is brough.t on
behalf.of
the
People
(“Complainant”)
by the Attorney General on her own motion and
upon 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
—1—
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,
inler alia,
with the duty of
enforcing the Act.
This Complaint
is brought pursuant to Section
31 of the Act, 415 ILCS 5/31
(2002), with respect to BEST-WAY.
3.
This Complaint
is brought on the Attorney General’s
own
motion with respect to CLINTON 6.
4.
At all times relevant to this complaint,
Respondent
BEST-WAY was an Illinois corporation conducting asbestos
abatement activities.
5.
Respondent BEST-WAY was an Illinois corporation from
sometime on or before January 19,
1994 until June
1,
1995 and
from sometime on or before January 24,
1996 until June
1,
2002.
On June
1,
1995 and June
1, ~2002,the Illinois Secretary of State
issued a Certificate of Dissolution of Domestic Corporation for
Respondent BEST-WAY’s failure to file an annual report with the
Secretary of State pursuant to Section 12.40
of the Business
Corporation Act of 1983,
805 ILCS 5/12.40
(2002)
.‘
6.
Section 12.80 of the Business Corporation Act of 1983,
805 ILCS 5/12.80
(2002), provides in pertinent part as follows:
Survival of remedy after dissolution.
The
dissolution of a corporation
.
.
.
(2) by the
issuance of
a certificate of dissolution in
accordance with Section 12.40 of this Act
.
•
shall not take away nor impair any civil
remedy available to or against any such
-2-
corporation, its directors,
or shareholders,
for any right or claim existing,
or any
liability incurred, prior to such dissolution
if action or other proceeding thereon is
commenced within five years after the ‘date of
such dissolution.
Any such action or
proceeding by or against the corporation may
be prosecuted or defended by the corporation
in its corporate name.
7.
Complainant’s right
to a civil remedy against
Respondent,
its directors,
or shareholders is not impaired
despite the Secretary of State’s dissolution of Respondent BEST-
WAY’s corporate status on June
1,
2002.
8.
At all times relevant to this complaint, Respondent
CLINTON
6 was an Illinois limited liability company that owned a
building located at 612 South Clinton Street,
Chicago,
Cook
County,
Illinois
(“Facility”)
.
At all times relevant to this
complaint CLINTON 6 was the beneficiary of a land trust and was
the holder of the deed to the facility.
9.
CLINTON
6 is in good standing with the Illinois
Secretary of State.
10.
Sometime on or prior to January 5,
2000,
or on other
dates better, known
to’ Respondents, workers employed by Respondent
BEST-WAY were engaged in the removal of asbestos at 612 South
Clinton Street,
Chicago, Cook County,’ Illinois
(“Facility”).
11.
On January 5,
2000,
•an Illinois. EPA inspector visited
the Facility.
12.
On that day,
there was approximately 4,353 square feet
-3-
of suspect floor tiles at the Facility which had been removed
with spud bars.
The inspector also noticed five spud bars at the
Facility, four of them with suspect debris on the blades.
The
floor tiles were dry and had been crumbled, ground and/or
pulverized rendering them friable.
13.
The Illinois EPA inspector obtained samples of the
suspect floor tiles.
‘
Subsequent testing of those floor tiles
indicated that ‘the floor tiles contained anywhere from 5
to 20
chrysotile asbestos.
14.
On March
15,
2000 Illinois EPA issued a Violation
Notice
(“VN”)
to Respondent BEST-WAY’ for violations of the Act
and Pollution Control Board
(“Board”) regulations.
15.
The VN alleged that Respondent BEST-WAY failed to
properly notify the Illinois EPA of asbestos removal activities,
failed to adequately wet and keep wet all ACM and RACM,
failed to
deposit,
as soon as practicable,
all ACM and RACM at a Facility
permitted to accept ACM and RACM.
16.
By causing or allowing dry friable asbestos floor tiles
to be deposited, uncontrolled, on floors at the Facility,
Respondents caused, threatened and allowed asbestos fibers to be
released to the environment both inside and outside of the
building.
17.
Asbestos
is a known human carcinogen with no known safe
level of exposure.
Studies have shown that ingesting asbestos
-4-
contaminated food can lead to cancer of the esophagus and
digestive tract.
Inhaling asbestos fibers causes asbestosis,
a
scarring of the lungs.
Asbestos’ can also cause cancer of the
lungs, and the lining of the abdominal cavity.
18.
Pursuant to Section 112(b) (1)
of the Clean Air Act
(“CAA”),
42 U.S.C.
§ 7412(b) (1), the Administrator of the United
States Environmental Protection Agency
(“USEPA”) has listed
asbestos as a hazardous air pollutant.
19.
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,;
20..
Section 201.141 of the Board’s Air Pollution
Regulations,
35
Iii. Adm. Code 2t~1.141,provides as follows:’
Prohibition of Air Pollution
No person shall cause or threa.ten 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.
21.
Section 3.115
of the Act, 415 ILCS 5/3.115
(2002),
-5-
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’ du’ration 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.
22.
Section 3.165 of the Act, 415 ILCS 5/3.165
(2002),
defines contaminant as follows:
“CONTANINANT” is any solid,
liquid,
or
gaseous matter, any odor,
or any form of
energy,
frOm whatever source.
23.
Asbestos
is a “contaminant” as the term is defined by
Section 3.06 of the Act, 415 ILCS 5/3.165
(2002)
24.
Section 3.315 of the Act,
415 ILCS 5/3.315
(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.
25.
Respondents are
“persons”
as that term is defined in
Section 3.315 of the Act, 415 ILCS 5/3.315
(2002)
26.
Respondents caused,
threatened,
and/or allowed the
mishandling of dry,
friable floor tiles containing asbestos so as
to cause,
threaten and/or allow asbestos fibers to enter the
environment at, and in the irñmediate area of,
the Facility.
27,.
By removing dry,
friable floor tiles containing
-6-
asbestos without wetting and without containment,
Respondents
have caused,
threatened, or allowed air pollution in Illinois in
violation of Section 9(a)
of the Act,
415 ILCS 5/9(a)
(2002),
and
35
Ill. Adm. Code 201.141.
WHEREFORE, Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondents BEST-WAY and CLINTON 6 on
Count
I:
1.
Authorizing
a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have caused,
threatened,
or
allowed violations of Section 9(a)
of the Act and 35
Ill. Adm.
Code Section 201.141;
3.
Ordering Respondents to cease and desist from further
‘violations of Section 9(a)
of the Act,
415 ILCS 5/9(a) (2002),
and
Section 201.141 of the Board Air Pollution Regulations,
35
Ill.
Adm. Code 201.141;
4.
Assessing against Respondents a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
pertinent Board Air Pollution Regulations, and an additional
civil penalty of Ten Thousand Dollars
($10,000.00)
for each day
of violation;
5.
Taxing all costs in this action pursuant to Section
42(f)
of the Act,
including attorney, expert witness and
-7-
consultant fees,
against Respondents; and
6.
Grant.ing such other relief as the Board deems
appropriate and just.
COUNT II
VIOLATION OF ASBESTOS EMISSION CONTROL PROCEDURES
1-19.
Plaintiff realleges and incorporates by reference
herein paragraphs
1 through 18 and paragraph 24 of Count
I as
paragraphs
1 through 19 of this Count
II.
20.
Section 9.1(d) (1)
of the Act,
415 ILCS 5/9.1(d) (1)
(2002), provides as follows:
No person shall:
1.
Violate any provisions of Sections
111,
112,
165,
173 of the, Clean Air
Act,
as now or hereafter amended,
or federal regulations adopted
pursuant thereto;
21.
Pursuant to Section 112(b)
(1)
of the Clean Air Act,
42
U.S.C.
§ 7412(b) (1),
the Administrator of the United States
Environmental Protection Agency
(“USEPA”) has adopted national
emission standards for hazardous air pollutants
(TINESHAPI~),
including asbestos.
The NESHAP for asbestos
is found at Title
40, Chapter 61 of the Code of Federal Regulations,
40’ CFR 61,
Subpart M.
‘
22.
40 CFR 61.141,
provides,
in pertinent part,
the
following definitions:
Adequately wet
means sufficiently mix or
penetrate with liquid to prevent the release
-8-
of particulates.
If visible emissions are
observed coming from asbestos-containing
material, then that material has not been
adequately wetted.
However,
the absence of
visible emissions
is not sufficient evidence
of being adequately wet.
Asbestos
means the asbestiform varieties of
serpentinite
(chrysotile), riebeckite
(brocidolite),
cummingtonite-grunerite,
anthophyllite, and actinolite-tremolite.
Asbestos-containing waste materials
means
mill tailings or any waste that contains
commercial asbestos and is generated by a
source subject to the provisions of this
subpart.
This term includes filters from
control devices,
friable asbestos waste
material, and bags or other similar packaging
contaminated with commercial asbestos.
As
applied to demolition and renovation
operations,
this term also includes regulated
asbestos-containing material waste and
materials contaminated with asbestos
including disposable equipment and clothing.
*
*
*
Category I nonfriable asbestos-containing
material
(ACM)
means asbestos-containing
packings, gaskets, resilient floor covering,
and asphalt roofing products containing more
than
1 percent asbestos as determined using
the method specified in appendix E,
subpart
E,
40 CFR part 763, section 1,
Polarized
Light Microscopy.
‘
Category II nonfriable ACM
means any
material, ‘excluding Category
I nonfriable
ACM, containing more than 1 percent asbestos
as determined using the methods specified in
appendix E,
subpart
E,
40 CFR part 763,
section
1,
Polarized Light Microscopy that,
when dry,
cannot be crumbled, pulverized,
or
reduced to powder by hand pressure.
Cutting
means to penetrate with a sharp-edged
instrument and includes sawing, but does not
-9-
include shearing,
slicing or punching.
Demolition
means the wrecking or taking out
of any load-supportingstructural member of a
facility together with any related handling
operations or the intentional burning of any
facility.
*
*
*
Facility
means any institutional,
commercial,
public,
industrial,
or residential structure,
installation,
or building
(including any
structure,
installation or building
containing condominiums or individual
dwelling units operated as
a residential
cooperative, but excluding residential
buildings having four or fewer dwelling
units); any ship; and any active or inactive
waste disposal site.
For purposes of this
definition,
any building,
structure,
or
installation that contains a loft used as a
dwelling is not considered a residential
structure,
installation,
or building.
Any
structure,
installation or building that was
previously subject to this subpart
is not
excluded,
regardless of its current use or
function.
Facility component
means any part of a
facility including equipment.
Friable asbestos material
means any material
containing more than
1 percent asbestos as
determined using the method specified in
appendix
E,
subpart
E,
40 CFR part 763,
section
1,
Polarized Light Microscopy,
that,
when dry,
can be crumbled, pulverized,
or
reduced to powder by hand pressure.
If the
asbestos content
is less than 10 percent as
determined by a method other than point
counting by polarized light microscopy
(PLM),
verify the asbestos content by point counting
using PLM.
*
*
*
Grinding
means to reduce to powder or small
-10-
fragments and includes mechanical chipping or
drilling.
*
*
*
Nonfriable asbestos-containing material
means
any material containing more than 1 percent
asbestos as determined using the method
specified in appendix E,
subpart
E,
40 CFR
part 763, section
1,
Polarized Light
,Microscopy,
that, when dry,
cannot be
crumbled, pulverized or reduced to powder by
hand pressure.
Nonscheduled renovation operation
means a
renovation operation necessitated by the
routine
failure’of
equipment, which is
expected to occur within a given period based
on past operating experience, but for which
an exact date cannot be predicted.
Outside air
means the air outside buildings
and structures,
including,
but not limited
to, the air under a bridge or in an open air
ferry dock.
Owner or operator of a demolition or
renovation activity
means any person who
owns,
leases,
operates,
controls, or
supervises the facility being demolished or
renovated or any person who owns,
leases,
operates,
controls, or supervises the
demolition or renovation operation,
or both.
Planned renovation operations
means a
renovation operation,
or a number of such
operations,
in which some’RACM will be
removed or stripped within a given period of
time and that can be predicted.
Individual
nonscheduled operations are included if a
number of such operations can be predicted to
occur during a given period of time based on
operating experience.
*
*
*
Regulated asbestos-containing material
(RACM)
means
(a)
Friable asbestos material,
(b)
—11—
Category I nonfriable ACM that has become
friable,
(c) Category I nonfriable ACM that
will be or has been subjected to sanding,
grinding,
cutting or abrading, or
(d)
Category II nonfriable ACM that has
a high
probability of becoming or has become
crumbled,
pulverized,
or reduced to powder by
the forces expected to act on the material in
the course of demolition or renovation
operations regulated by this subpart.
Remove
means
to take our RACM or facility
components that contain or are covered with
RACM from any facility.
Renovation
means altering a facility or one
or more facility components in any way,
including the stripping or removal of RACM
from a facility component.
Operations in
which load-supporting structural members are
wrecked or taken out are demolitions.
*
*
‘
*
Strip
means
to take off RACM from any part of
a facility or facility components.
Structural member
means any load-supporting
member of a facility,
such as beams and load
supporting walls; or any nonload-supporting
member, such as ceilings and non load-
supporting walls.
Visible emissions
means any emissions,
which
are visually detectable without the aid of
instruments, coming from RACM or asbestos-
containing waste material, or from any
asbestos milling, manufacturing,
or
fabricating operation.
This does not include
condensed, uncombined water vapor.
Waste generator
means any owner or operator
of a source covered by this subpart whose act
or process produces asbestos-containing waste
material.
*
*
*
-12-
Working day
means Monday through Friday and
includes holidays that fall on any of the
days Monday through Friday.
23.
The Facility is a “facility” as that term is defined at
40 CRF 61.141
(July
1,
2002)
24.
Floor tiles were removed from “facility components”
as that term is defined at 40 CFR 61.141.
25.
The removal of floor tiles was
a’ “planned renovation
activity” as that term is defined at 40 CFR 61.141.
26.
At all times relevant to this complaint,
BEST-WAY owned
the renovation activities at
the’ Facility.
Respondent BEST-WAY
was therefore the owner of a demolition or renovation activity as
that term is defined at 40 CFR 61.141.
27.
‘
At all times relevant to this complaint Respondent
CLINTON 6 owned the Facility.
‘
Respondent CLINTON
6 was therefore
the “owner or operator of a demolition or renovation activity”
as’
that term is defined at 40 CFR 61.141.
28.
The floor tiles removed
at’ the Facility contained more
than one
(1) percent asbestos and were friable.
Through their
activities at the Facility, Respondents caused or allowed
Category I nonfriable ACM to become friable.
The floor tiles
were therefore “RACM” as that term is defined at 40 CFR 61.141.
29.
40 CFR 61.145(a),
titled Standard for demolition and
renovation: Applicability, provides in pertinent part as follows:
(a) Applicability
.
.
.
The requirements of
paragraphs
(b)
and
(c)
of this section apply
-13-
to each owner or operator of a demolition or
renovation activity,’ including the removal of
RACM as follows:
*
*
*
(4)
In a facility being renovated,
including any individual nonscheduled
renovation operation, all the
requirements of paragraphs
(b) and
(c)
of this section apply if the combined
amount of RACM to be stripped,
removed,
dislodged,
cut,
drilled,
or similarly
disturbed i5:
(i)
At least
80 linear meters
(260
linear feet)
on pipes or at least
15 square meters
(160 square feet)
on other facility components,
or
30.
The total amount of RACM to be removed from components
at the Facility exceeded 160 square feet.
Respondents were
therefore subject to the requirements of 40 CFR 61.145(b) and
(c)
31.
40 CFR61.l45(c),
titled Standard for demolition and
renovation:
Procedures for asbestos emission control, provides
in part as follows:
Each owner Or operator of a demolition or
renovation activity to whom this paragraph
applies,
according to paragraph
(a)
of this
section,
shall comply with the following
procedures:
*
*
‘
*
(3)
When RACM is stripped from a
facility component while it remains in
place in the facility,
adequately wet
the RACM during the stripping operation.
-14-
*
‘
*
*
(6)
For all RACM,
including material
that has been removed or stripped:
(i)
Adequately wet the material
and ensure that it remains wet
until collected and contained or
treated in preparation for disposal
in accordance with §61.150;
32.’
Respondents failed to remove all floor tiles in a non-
friable state from the Facility prior to the renovation work.
Sometime on or prior to January 5,
2000,
or on other dates better
known to Respondents, T~espondents’renovation work’ crumbled,
ground,
and/or pulverized previously non-friable asbestos
33.
Respondents also failed to adequately wet the facility
components, at the Facility during the removal of the floor tile.
The asbestos in the floor tile became friable and was emitted
into the environment.
34.
Sometime on or prior to January
5,
2000’,
or on other
dates better known to Respondents, Respondents failed to
adequately wet the RACM and failed to insure it remained wet
until collected,
contained or treated in preparation for
disposal.
35.
Respondents, by their actions as alleged herein,
violated Section 9.1(d) (1)
of the Act,
415 ILCS
5/9.1(d) (1) (2002),
and 40 CFR 61.145(c) (3) and
(c) (6)
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment
in favor of
-15-
‘
Complainant and against Respondents BEST-WAY and CLINTON
6 on
Count
II:
1.
Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have caused,
threatened,
or
allowed violations of Section 9.1(d) (1)
of the Act and 40 CFR
61.145(c) (3) and
(c) (6);
3.
Ordering Respondents to cease and desist from further
violations of Section 9.1(d) (1)
of the Act, 415 ILCS
5/9.1(d) (1) (2002),
and 40 CFR 61.145(c) (3)
and
(c) (6);
4.
Assessing against Respondents a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
pertinent Board Air Pollution Regulations, and an additional
civil penalty of Ten Thousand Dollars
($10,000.00)
for each day
of violation;
5.
Taxing all costs
in this action pursuant to Section
42(f)
of the Act,
including attorney, expert witness and
consultant fees,
against Respondents; and
6.
Granting such other relief as the Board deems
appropriate and just.
COUNT III
FAILURE TO FOLLOW NESHAP RENOVATION NOTIFICATION REQUIREMENTS
1-30.
Plaintiff realleges and incorporates by reference
paragraphs
1 through 30 of Count
II as paragraphs
1 through 30 of
-16-
this Count III.
31.
Respondents provided Illinois EPA notice of their
intent to remove or disturb RACM to Illinois ‘EPA.
However,,
Respondents did not postmark or deliver the notice to Illinois
EPA at least
10 working days prior to renovation activities
at
the Facility.
32.
Section 61.145 of the NESHAP for asbestos,
40 CFR
61.145,
titled,
Standard for demolition and renovation, provides,
in pertinent part,
as follows:
(b)
Notification requirements.
Each owner
or operator of a demolition or renovation
activity to which this section applies shall:
(1)
Provide the Administrator with
written notice of intention to demolish
or renovate. Delivery of the notice by
U.S
Postal Service, commercial delivery
service, or hand delivery is acceptable.
*
*
S
*
(3)
Postmark or deliver the notice as
follows:
(i)
At least 10 working days
before asbestos stripping or
removal work or any other activity
begins
(such as site preparation
‘that would break up, dislodge or
similarly disturb asbestos
material,
if the operation is
described in paragraphs
(a) (1) and
(4)
.
.
33.
As owners or operators of a renovation activity which
disturbed more than 160 ‘square feet of RACM, Respondents were
required to postmark or deliver notice to Illinois EPA within 10
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‘
working days prior to beginning the renovation activity at the
Facility.
34.
By failing to postmark or deliver the notice to
Illinois EPA within 10 working days prior to renovation,
Respondents violated Section 9.1(d)
of the Act, 415 ILCS 5/9.1(d)
(200,2) and 40 CFR 61.145(b).
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,’
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondents, BEST-WAY and CLINTON
6 on
Count III:
1.
Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2.
Fi’nding that Respondents have caused,
threatened,
or
allowed violations of Section 9.1(d)
(1)
of the Act and 40 CFR
61.145 (b)
;
3.
Ordering Respondents to cease and desist from further
violations of Section 9.1(d) (1)
of the Act,
415 ILCS
5/9.1(d) (1) (2002), and 40 CFR 61.145(b);
4.
Assessing against Respondents a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
pertinent Board’Air Pollution Regulations,
and an additional
civil penalty of Ten Thousand Dollars
($10,000.00)
for each day
of violation;
5.
Taxing all costs
in this action pursuant to Section
-18-
42(f)
of the Act,
including attorney,
expert witness and
consultant fees,
against Respondents;
and
6.
Granting such other relief as the Board deems
appropriate and just.
COUNT IV
IMPROPER DISPOSAL
1-30.
Plaintiff
realleges
and
incorporates
by
reference
herein paragraphs
1 through 30 of Count
II as paragraphs
1
th’rough 30 of this Count
IV.
31.
The crumbled,
ground,
and/or pulverized floor tiles’ at
the Facility were “asbestos-containing waste material”
as that
term is defined at 40 CFR 61.141.
32. .Respondents were
“waste generators”
as that term is
defined at 40 CFR 61.141.
33.
40 CFR 61.150,
titled,
Standard for waste disposal for
‘manufacturing,
fabricating, demolition,
renovation and spraying
operations, provides as follows:
Each owner or operator of any source covered
under the provisions of §~61.144,61.145,
61.146, and 61.147 shall comply with the
following provisions:
*
*
‘
(b) All asbestos-containing waste material
shall be deposited as soon as
is practical by
the waste generator at:
(1) A waste disposal site operated in
accordance with the provisions of
§61.154,
or
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(2) An EPA-approved site that converts
RACM and asbestos-containing waste
material into nonasbestos
(asbestos-
free)
material according to the
provisions of §61.155.
*
*
*
34.
As owner or operator of a planned renovation at a
facility disturbing at least 160 square feet of RACM,
Respondents
BEST-WAY and CLINTON 6 were subject to the requirements of 40 CFR
61.145(a) (4),
and therefore also subject to the requirements of
40 CFR 61.150.
35.
Sometime on or prior to January 5,
2000,
or on other
dates better known to Respondents, Respondents caused or allowed
the generation of asbestos containing waste material at the
Facility and did not deposit it as soon as was practical at an
appropriate waste disposal site.
36.
Respondents, by their actions as alleged herein,
violated Section 9.1(d) (1)
of the Act, 415 ILCS
5/9.1(d) (1) (2002),
and 40 CFR 61.150(b).
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondents BEST-WAY and CLINTON
6 on
Count IV:
1.
Authorizing a hearing in this matter at which time’
Respondents will be required to answer the allegations herein;
2.
Finding that Respondents have caused,
threatened,
or
-20-
• allowed violations of Section 9.1(d) (1)
of the Act and 40 CFR
61.150(b);
3.
Ordering Respondents to cease and desist from further
violations of Section 9.1(d) (1)
of the Act,
415 ILCS
5/9.1(d) (1) (2002),
and 40 CFR 61.150(b);
4.
Assessing against Respondents a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
pertinent Board Air Pollution Regulations,
and an additional
civil penalty of Ten Thousand Dollars
($10,000.00)
for each day
of violation;
5.
Taxing all costs in this action pursuant to Section
42(f)
of the Act,
including attorney, expert witness and
consultant fees,
against Respondents; and
6.
Granting such other relief as the Board deems
appropriate and just.
-21-
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW
J. DUNN,
Chief
Environmental Enforcement/Asbestos
Litigation Division
~
Environmental Bu
Of Counsel:
JOEL J. STERNSTEIN
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago,
IL
60601
‘(312)
814-6986
H:\conimon\Environmental\JOEL\Case
Documents\bestway
-
IPCB\complaint-final.wpd
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CERTIFICATE OF SERVICE
I, JOEL J.
STERNSTEIN, an Assistant Attorney General,
certify that on the
7th
day of July 2003,
I caused to be served
by First Class Mail the foregoing ‘Complaint to the parties named
on the attached service list,
by depositing samein postage
‘prepaid envelopes with the United States Postal Service located
at 100 West Randolph Street,
Chicago, Illinois 60601.
JOEL
J.
STERNSTEIN
