BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
PEOPLE OF THE STATE OF ILLINOIS, )
CLERKS OFFU~E
by LISA MADIGAN, Attorney
JUL
1 7
2003
General of the State of Illinois
Corn lainant
STATE OF ILLINOIS
Pollution Control Board
No. PCB 04-1
AARGUS PLASTICS, INC.,
an Illinois corporation,
Respondent..
NOTICE OF FILING
TO: See Attached Service List
PLEASE TAKE NOTICE that on July 17, 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 p~oceeding, the Clerk’s Office, or an attorney.
Respectfully submitted,
LISA MADIGAN
Attorney General
State of Illinois
BY:
________
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
Ms. Maureen Wozniak, Esq.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Mr. Leo P. Dombrowski
Wildman, Harrold, Allen & Dixon
225 West Wacker Drive
Chicago, IL 60606
Mr. John J. Cullerton
Mr. Thomas Golz•
Fagel Haber
55 E. Monroe Street, ~ Floor
Chicago, IL 60603
RECEIVE D
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS, )
.
JUL 1 7 2003
by LISA MADIGAN, Attorney
General of the State of Illinois )
OF LLINOIS
Pollution Control Board
Complainant,
v.
) No. PCB 04-i
AARGUS PLASTICS, INC.,
an Illinois corporation,
Respondent.
COMPLAINT FOR
CIVIL PENALTIES
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, complains of
Respondent, AARGUS PLASTICS, INC., as follows:
COUNT I
APPLICATION OF NON-COMPLIANT INKS
1. This Complaint is brought 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
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. This Complaint is brought pursuant to Section
31 of the Act, 415 ILCS 5/31 (2002)
1
3. At all times relevant to this Complaint, AARGUS
PLASTICS, INC. (“Respondent”) was and is an Illinois corporation
duly organized and existing under the laws of the State of
Illinois and is in good standing.
4. At all times relevant to this Complaint, Respondent has
operated a facility located at 1415 Redeker Road, Des Plaines,
Cook County, Illinois, 60016 (“facility”)
5. Respondent operates a polyethylene bag manufacturing
plant at its facility.
6. As part of its operations at the facility, Respondent
prints ink images onto polyethylene bags using flexographic
printing presses.
7. The facility emits volatile organic material (“VON”)
into the environment from 16 flexographic printing presses and
associated dryers.
8. Illinois EPA issued Clean Air Act Permit Program
Operating Permit No. 95110088 (“CAAPP Permit 95001188”) to
Respondent, a Clean Air Act Permit Program source (“CAAPP
source”), on February 10, 2000 pursuant to Section 39.5 of the
Act, 415 ILCS 5/39.5 (2002)
.
CAAPP Permit 95001188 expires on
February 10, 2005.
9. Section 3.315 of the Act, 415 ILCS 5/3.315 (2002),
provides the following definition:
“Person” is any individual, partnership, co-
partnership, firm, company, limited liability
2
company, corporation, association, joint
stock company, trust, estate, political
subdivision, state agency, or any other legal
entity, or their legal representative, agent
or assigns.
10. Respondent is a “person” as the term is defined in
Section 3.315 of the Act, 415 ILCS 5/3.315 (2002).
11. Section 3.165 of the Act, 415 ILCS 5/3.165 (2002),
provides the following definition:
“Contaminant” is any solid, liquid, or
gaseous matter, any odor, or any form of
energy, from whatever source.
12. VON is a contaminant, as that term is defined in
Section 3.165 of the Act, 415 ILCS 5/3.165 (2002)
13. Section 3.115 of the Act, 415 ILCS 5/3.115 (2002),
provides the following definition:
“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.
14. 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
3
the Board under this Act;
15. Section 39.5(6) (a) of the Act, 415 ILCS 5/39.5(6) (a)
(2002), 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 Agency under this
Section or to violate any other applicable
requirements.
16. Section 211.4370 of the Illinois Pollution Control
Board (.“Board”) Air Pollution Regulations, 35 Ill. Adm. Code
211.4370, provides the following definition:
“Owner or Operator” means any person who
owns, operates, leases, controls, or
supervises a source, an emission unit, or air
pollution control equipment.
17. Section 218.401(a) of the Board Air Pollution
Regulations, 35 Ill. Adm. Code 218.401(a), provides as follows:
No owner or operator of a subject
flexographic, packaging rotogravure or
publication rotogravure printing line shall
apply at any time any coating or ink unless
the VON content does not exceed the
limitation specified in either subsection
(a) (1) or (a) (2) below
.
1) Forty percent VON by volume of the
coating and ink (minus water and any
compounds which are specifically
exempted from the definition of VON), or
2) Twenty-five percent VON by volume
of the volatile content in the coating
and ink.
18. Respondent is an operator of a subject flexographic
4
printing line pursuant to Section 218.401(a) of the Board Air
Pollution Regulations, 35 Ill. Adm. Code 211.401 (a)
19. Condition 7.1.3.(c) of CAAPP Permit 95110088 provides
as follows:
The Permittee shall only apply inks or
coatings on the affected printing lines that
comply with one of the following requirements
pursuant to 35 IAC 218.401 (Flexographic
Printing Regulations):
i. Twenty-five percent VON by volume of
the volatile content in the ink and
coating
ii. Twenty-five percent VON by volume
of the volatile content in the ink and
coating on a daily weighted average
basis 35 IAC 218.401(b) (2)
iii. Forty percent VON by volume of the
coating and ink (minus water and any
compounds which are specifically
exempted from the definition of VON)
20. Pursuant to Section 218.106(c) of the Board Air
Pollution Control Regulations, 35 Ill. Adm. Code 218.106(c),
Respondent was to come into compliance with the Board Air
Pollution Printing and Publishing Regulations (35 Iii. Adm. Code
Part 218 Section H) by March 15, 1995.
21. In 1998, Respondent claimed to be using inks that
complied with the Board Air Pollution Regulations. In November
2001, Respondent informed Illinois EPA that it would require more
time to find compliant inks and would not be able to achieve
compliance until 2003.
5
22. Since at least March 15, 1995 and continuing to 2003 or
dates better known to Respondent, Respondent has been applying
inks to polyethylene bags at its facility that contain over 40
VOM by volume.
23. Respondent, by its conduct alleged herein, has violated
Sections 9(a) and 39.5(6) (b) of the Act, 415 ILCS 5/9(a) and
39.5(6) (b) (2002), Section 218.40l(a)•of the Board Air Pollution
RegulationS, 35 Ill. Adm. Code 218.401(a), and Condition
7.1.3.(c) of CAAPP Permit 95110088.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondent, AARGUS PLASTICS, INC., on
Count I:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent has violated Sections 9(a) and
39.5(6) (b) of the Act, 415 ILCS 5/9(a) and 39.5(6) (b) (2002),
Section 218.401(a) of the Board Air Pollution Regulations, 35
Ill. Adm. Code 218.401(a), and Condition 7.1.3. (c) of CAAPP
Permit 95110088;
3. Ordering Respondent to cease and desist from further
violations of Sections 9(a) and 39.5(6) (b) of the Act, 415 ILCS
5/9(a) and 39.5(6) (b) (2002), Section 218.401(a) of the Board Air
Pollution Regulations, 35 Ill. Adm. Code 218.401(a), and
6
Condition 7.1.3.(c) of CAAPP Permit 95110088;
4. Assessing against Respondent a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of Section 9(a)
of the Act, 415 ILCS 5/9(a) (2002), and the pertinent Board Air
Pollution Regulations, and an additional civil penalty of Ten
Thousand Dollars ($10,000.00) for each day of violation of
Section 9(a) of the Act, 415 ILCS 5/9(a) (2002), and the
pertinent Board Air Pollution Regulations;
5. Assessing against Respondent a civil penalty of Ten
Thousand Dollars ($10,000.00) for each day of violation of
Section 39.5(b) (6) of the Act, 415 ILCS 5/39.5(b) (6), and for
each violation of CAAPP Permit 95110088;
6. Taxing all costs in this action pursuant to Section
42(f) of the Act, including attorney, expert witness and
consultant fees, against Respondent; and
7. Granting such other relief as the Board deems
appropriate and just.
COUNT II
FAILURE TO ACHIEVE MILESTONES FOR
FLEXOGRAPHIC PRINTING OPERATIONS
1-17. Complainant realleges and incorporates by reference
herein paragraphs 1 through 13, paragraphs 15 though 17, and
paragraph 20 of Count I as paragraphs 1 through 17 of this Count
II.
18. Section 9(b) of the Act, 415 ILCS 5/9(b) (2002),
7
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;
19. Condition 7.1.13 of CAAPP Permit 95110088 provides, in
pertinent part, as follows:
b. The flexographic printing lines shall
comply with the following schedule of
compliance to address compliance with the
alleged violations of 35 IAC Part 218.401:
Milestone
Timing
The flexographic
printing lines shall
comply with the
compliant ink and
coating regulations
listed in Condition
7.1.3(c)
•
No later than May 1,
2001 or any earlier
date established in
a Compliance
Commitment Agreement
(CCA), enforcement
action or an
accepted Compliance
Plan.
The Permittee shall
achieve full
compliance with any
requirements
resulting from
resolution of any
enforcement issues
regarding the
alleged violation of
35 IAC 218.401.
No later than May 1,
2001 or any earlier
date established in
a Compliance
Commitment Agreement
(CCA), enforcement
Action or an
accepted Compliance
Plan.
c. To comply with condition 7.1.3(b), the
Permittee shall comply with the following
schedule of compliance to address compliance
8
with 35 IAC 218.401 for the affected
flexographic printing lines:
Milestone
Timing
Construction of
Custom-Made Ink
Dryers Completed
No later than May 1,
2001
Printing Lines and
Custom-Made Dryers
fully operational
and in complete
compliance
No later than May 1,
2001
20. At the time Respondent applied for CAAPP Permit
9511088, Respondent was not in compliance with all applicable
laws and regulations. As a condition of obtaining a permit,
Respondent committed to taking certain actions to become fully
compliant with the Board’s flexographic printing regulations by
May 1, 2001. One of those conditiOns was the use of compliant
inks, after May 1, 2001.
21. As a result of Respondent’s failure to use compliant
inks as required by Section 218.401(a) of the Board’s Air
Pollution Regulations by May 1, 2001 and continuing until at
least June 2002, Respondent violated Condition 7.1.3(b) and (c)
of CAAPP Permit 95110088.
22. Condition 7.1.13 and of CAAPP Permit 95110088 provides,
in pertinent part, as follows:
d. Submittal of Progress Reports
A Progress Report shall be submitted every
six months beginning six months from the date
9
of issuance of this permit. The Progress
report shall contain at least the following:
i. The required time frame for
achieving the milestones in the
schedules for compliance, and actual
dates when .such milestones were
achieved.
ii. An explanation of why any required
time frame in the schedules of
compliance were not met, and any
preventative or corrective measures
adopted.
iii. Progress made in the most recent 6
month time period.
23. Respondent was required to submit its first Progress
Report for its facility to Illinois EPA by August 10, 2000, its
second Progress Report by February 10, 2001, its third Progress
Report by August 10, 2001, and its fourth Progress Report by
February 10, 2002. Respondent failed to submit any Progress
Reports until March 28, 2002.
24. Respondent, by its conduct alleged herein, has violated
Sections 9(b) and 39.5(6) (b) of the Act, 415 ILCS 5/9(b) and
39.5(6) (b) (2002); and Conditions 7.1.13(b), (c), and (d) of CAAPP
Permit 95110088.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondent, AARGUS PLASTICS, INC., on
Count II:
1. Authorizing a hearing in this matter at which time
10
Respondent will be required to answer the allegations herein;
2. Finding that Respondent has violated Sections 9(b) and
39.5(6) (b) of the Act, 415 ILCS 5/9(b) and 39.5(6) (b) (2002); and
Conditions 7.1.13(b), (c), and (d) of CAAPP Permit 95110088;
3. Ordering Respondent to cease and desist from further
violations of Sections 9(b) and 39.5(6) (b) of the Act, 415 ILCS
5/9(b) and 39.5(6) (b) (2002); and Conditions 7.1.13(b), (c), and
(d) of CAAPP Permit 95110088;
4. Assessing against Respondent a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of Section 9(b)
of the Act, 415 ILCS 5/9(b) (2002), and an additional civil
penalty of Ten Thousand Dollars ($10,000.00) for each day of
violation of Section 9(b) of the Act, 415 ILCS 5/9(b) (2002);
5. Assessing against Respondent’ a civil penalty of Ten
Thousand Dollars ($10,000.00) for each day of violation of
Section 39.5(b) (6) of the Act, 415 ILCS 5/39.5(b) (6), and each’
violation of CAAPP Permit 95110088;
6. Taxing all costs in this action pursuant to Section
42(f) of the Act, including attorney, expert witness and
consultant fees, against Respondent; and
7. Granting such other relief as the Board deems
appropriate and just.
11
COUNT III
VIOLATION OF VOM EMISSION STANDARDS
1
-
15. Complainant realleges and incorporates by reference
herein paragraphs 1 through 15 of Count I as paragraphs 1 through
15 of this Count III.
16. Illinois EPA issued Operating Permit No. 94020104
(“Permit 94020104”) to Respondent on May 4, 1994. Pursuant to
Section 39.5(4) (b) of the Act, 415 ILCS 5/39.5(4) (b) (2002),
Permit 94020104 remained in effect until February 10, 2000.
17. Condition 1 of Permit 94020104 provides as follows:
1. Emissions and operations of the 17
flexographic printing presses shall not
exceed the following limits:
Material Operating Hours Material Usage
‘
VOM Content VOM Emissions
(Hour/Year)
(Lb/Hr)
(Wt. )
(Lb/Hr) (Ton/Yr)
Ink
8568
12
53
6.36 27.25
Alcohol 8568
4
100
‘
4.0 17.14
44.39
18. Condition 7.1.6 of CAAPP Permit 95110088 provides as
follows:
7.1.6
Emission Limitations
In addition to Condition 5.2.2 and the source
wide emission limitations in Condition 5.5,
the affected printing lines are subject to
the following:
Emissions and operations of the flexographic
printing presses shall not exceed the
following limits:
VON Usage.
VOM Emissions
Lb/Month Ton/Yr
Lb/Month Ton/Yr
7,500
44.39
7,500
44.39
12
These limits are based on maximum operating
conditions and material balance. Compliance
with annual limits shall be determined from a
running 12 months of data.
19. For calendar years 1994 through 2000, Respondent
emitted more than 44.39 tons per year of VON from its facility.
20. Condition 5.5.1 of CAAPP Permit 95110088 provides as
follows:
-
5.5.1
Permitted Emissions for Fees
The annual emissions from the source, not
considering insignificant activities as
addressed by Section 3.0 of this permit,
shall not exceed the following limitations.
The overall source emissions shall be
determined by adding emissions from all
emission units. Compliance with these limits
shall be determined on a calendar year basis.
These limitations (Condition 5.5.1) are set
for the purpose of establishing fees and are
not federally enforceable,
Permitted Emissions of Regulated Pollutants
Pollutant
Tons/Year
Volatile Organic Material (VON) 45
Sulfur Dioxide (SO2)
1.01
Particulate Matter (PM)
0.05
Nitrogen Oxides (NOx)
1.0
HAP, not included in VOM or PM
Total
47.06
21. During calendar year 2000, Respondent’s VON emissions
from its facility exceeded the 45 ton VOM limit set for the
payment of air pollution site fees in CAA.PP permit no. 95110088.
22. Respondent, by its conduct alleged herein, has violated
Sections 9(a) and 39.5(6) (b) of the Act, 415 ILCS 5/9(a) and
13
39.5(6) (b) (2002); Condition 1 of Permit 94020104; and Conditions
5.5.1 and 7.1.6 of CAAPP Permit 95110088.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondent, AARGTJS PLASTICS, INC., on
Count III:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent has violated Sections 9(a) and
39.5(6) (b) of the Act, 415 ILCS 5/9(a) and 39.5(6) (b) (2002);
Condition 1 of Permit 94020104; and Conditions 5.5.1 and 7.1.6 of
CAAPP Permit 95110088;
3. Ordering Respondent to cease and desist from further
violations of Sections 9(a) and 39.5(6) (b) of the Act, 415 ILCS
5/9(a) and 39.5(6) (b) (2002); and Conditions 5.5.1 and 7.1.6 of
CAAPP Permit 95110088;
4. Assessing against Respondent a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of Section 9(a)
of the Act, 415 ILCS 5/9(a) (2002), and an additional civil
penalty of Ten Thousand Dollars ($10,000.00) for each day of
violation of Section 9(a) of the Act, 415 ILCS 5/9(a) (2002);
5. Assessing against Respondent a civil penalty of Ten
Thousand Dollars ($10,000.00) for each day of violation of
Section 39.5(b) (6) of the Act, 415 ILCS 5/39.5(b) (6), and for
14
each violation of CAAPP Permit 95110088;
6. Taxing all costs in this action pursuant to Section
42(f) of the Act, including attorney, expert witness and
consultant fees, against Respondent; and
7. Granting such other relief as the Board deems
appropriate and just.
COUNT IV
SUBMISSION OF INACCURATE
AND
INCOMPLETE
ANNUAL
EMISSION REPORTS
1
-
15. Complainant realleges and incorporates by reference
herein paragraphs 1 through 13 and paragraph 16 of Count I and
paragraph 18 of Count II as paragraphs 1 through 15 of this Count
IV.
16 Section 201.302(a) of the Board Air Pollution
Regulations, 35 Ill. Adm. Code 201.302(a), provides as follows:
Section 201.302 Reports
a) The owner or operator of any emission unit
or air pollution control equipment, unless
specifically exempted in this Section, shall
submit to the Agency as a minimum, annual
reports detailing the nature, specific
emission units and total annual quantities of
all specified air contaminant emissions;.
provided, however, that the Agency may
require more frequent reports where necessary
to accomplish the purposes of the Act and
this Chapter.
17. Section 201.102 of the Board Air Pollution Regulations,
35 Ill. Adm. Code 201.102, provides the following definitions:
“Emission Source”: any equipment or facility
of a type capable of emitting specified air
15
contaminants to the atmosphere.
“Air Contaminant”: 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.
18. Respondent is the operator of an emission unit or
emission source as that term is defined in Section 201.102 of the
Board Air Pollution Regulations, 35 Ill. Adm. Code 201.102. VOM
is an air contaminant as that term is defined in Section 201.102
of the Board Air Pollution Regulations, 35 Ill. Adm. Code
201.102.
19. Section 254.303 of the Illinois EPA’S Air Pollution
Regulations, 35 Ill. Adm. Code 254.303, provides, in pertinent
part, as follows:
Section
254.303 Contents of Subpart C
Annual
Emissions Report
The Annual Emissions Report to be filed
pursuant to this Subpart shall contain the
following information:
a) Source identification information:
1) Source name, physical location
and mailing address;
2) SIC code;
3) Source contact; and
.4) Source contact telephone number.
b) Source-wide totals of actual
emissions for all regulated air
pollutants emitted by the source.
c) The following certification
16
statement, unless another statement is
required to be submitted pursuant to the
source’s permit: “I certify under
penalty of law that this document and
all attachments were prepared under my
direction or supervision in accordance
with a system designed to assure that
qualified personnel properly gather and
evaluate the information submitted.
Based on my inquiry of the person or
persons directly responsible for
gathering the information, the
information submitted is, to the best of
my knowledge and belief, true, accurate
and complete.” The certification
statement shall be signed and dated by
the certifying individual and
accompanied by the printed full name,
title, and a telephone number of the
certifying individual.
20. Section 254.101 of the Illinois EPA’S Air Pollution
Regulations, 35 Ill. Adm. Code 254.101, provides the following
definition:
“Actual emissions” means the rate of emission
of a regulated air pollutant from a source or
an emission unit for the calendar year,
seasonal period, day or other period of time,
as specified, based on the best information
available to the owner or operator of that
emission unit. Actual emission rates include
startup, shutdown or malfunction emissions.
The calculation of actual emissions must
follow an “emission determination method”.
Where, for any reason, a source has measured
any of its emissions, the source must report
the measured total as its “actual emissions”
for those pollutants rather than using an
estimation method to derive the total for
that period of time during which the
measurements were taken.
21. Section 211.5500 of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 211.5500, provides the following
17
definition:
a) “Regulated air pollutant” means the
following:
1)
Nitrogen oxides
(NOx)
or any volatile
organic compound.
2) Any pollutant for which a national
ambient air quality standard has been
promulgated.
3) Any pollutant that is subject to any
standard promulgated under Section 111
of the Clean Air Act
.
22. VON is a regulated air pollutant as that term is
defined in the Board’s Air Pollution Regulations.
23. Respondent submitted inaccurate Annual Emission Reports
(“AER5”) for its facility for the calendar years 1998 through
2001. The AER5 that Respondent submitted reported emissions of
VON from its facility that were lower than actual emissions from
its facility.
24. Respondent, by its conduct alleged herein, has violated
Section 9(b) of the Act, 415 ILCS 5/9(b) (2002), Section
201.302(a) of the Board Air Pollution Regulations, 35 Ill. Adm.
Code 201.302(a), and Section 254.303 of the Illinois EPA’s Air
Pollution Regulations, 35 Iii. Adm. Code 254.303.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondent, AARGUS PLASTICS, INC., on
Count IV:
1. Authorizing a hearing in this matter at which time
18
Respondent will be required to answer the allegations herein;
2. Finding that Respondent has violated Section 9(b) of
the Act, 415 ILCS 5/9(b) (2002), Section 201.302(a) of the Board
Air Pollution Regulations, 35 Ill. Adm. Code 201.302(a), and
Section, 254.303 of the Illinois EPA’S Air Pollution Regulations,
35 Ill. Adm. Code 254.303;
3. Ordering Respondent to cease and desist from further
violations of Section 9(b) of the Act, 415 ILCS 5/9(b) (2002),
Section 201.302(a) of the Board Air Pollution Regulations, 35
Ill. Adm. Code 201.302(a), and Section 254.303 of the Illinois
EPA’s Air Pollution Regulations, 35 Ill. Adm. Code 254.303;
4. Assessing against Respondent a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of the Act, the
pertinent Board Air Pollution Regulations,’ and the pertinent
Illinois EPA Air Pollution Regulations, and an additional civil
penalty of Ten Thousand Dollars ($10,000.00) for each day of
violation of the Act, the pertinent Board Air Pollution
Regulations, and the pertinent Illinois EPA Air Pollutibn
Regulations;
5. Taxing all costs in this action pursuant to Section
42(f) of the Act, including attorney, expert witness and
consultant fees, against Respondent; and
6. Granting such other relief as the Board deems
appropriate and just.
19
COUNT V
VIOLATIONS OF EMISSION REDUCTION MARKET SYSTEM REGULATIONS
1-22. Complainant realleges and incorporates by reference
herein paragraphs 1 through 13 and paragraph 15 of Count I,
paragraph 18 of Count II, and paragraphs 16 through 22 of Count
IV as paragraphs 1 through 22 of this Count V.
23. Section 9.8(b) of the Act, 415 ILCS 5/9.8(b) (2002),
provides as follows:
The Agency shall design an emissions market
system that will assist the State in meeting
applicable post-1996 provisions under the
CAAA Clean Air Act Amendments of 1990,
provide maximum flexibility for designated
sources that reduce em±ssions, and that takes
into account the findings of the national
ozone transport assessment, existing air
quality conditions, and resultant emissions
levels necessary to achieve or maintain
attainment.
24. Section 205.300(b) (1) of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 205.300(b) (1), provides as
follows:
In addition to any information required
pursuant to 35 Ill. Adm. Code 254, the
seasonal emissions component of the Annual
Emissions Report shall contain the following
information for the proceeding seasonal
allotment period for each emission unit
emitting or capable of emitting VOM, except
that such information is not required for
emission units excluded pursuant to Section
205.220 of the Part of for VON emissions
attributable to startup, malfunction or
breakdown, as specified in Section 205.225 of
this Part:
20
1) Actual seasonal emissions of VON from
the source;
25. Condition 6.7(a)(i) of CAAPP Permit 95110088 provides
as follows:
For each year in which the source is
operational, the Permittee shall submit, ‘as a
component of its Annual Emission Report,
seasonal VON emission information to the
Illinois EPA for the seasonal allotment
period. This report shall include the
following information 35 IAC 205.300
i. Actual seasonal emissions of VOM
from the source;
26. Section 205.130 of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 205.130, provides the following
definitions:
“Seasonal allotment period” means the period
from May 1 through September 30 of each year.
“Seasonal emissions” means actual VON
emissions at a source that occur during a
seasonal allotment period.
27. Respondent’s seasonal emission reports for 2000 and
2001 did not reflect its actual season emissions of VON for its
facility.
28. Condition 6.3(a) of CAAPP Permit Number 95110088
provides as follows:
‘6.3 Obligation to Hold Allotment Trading
Units (ATUs)
a. Pursuant to 35 IAC 205.150(c) (1) and
205.720,. and as’ further addressed by
Condition 6.8, as of December 31 of each
year, this source shall hold ATUs in its
21
account in an amount not less than its
VOM emissions during the preceding
seasonal allotment period (May 1
-
September 30) not including VON
emissions from the following, or the
source shall be subject to emissions
excursion compensation,” as described in
Condition 6.4.
29. Section 205.150(c) (1) of the Board’s Air Pollution
Regulations, 35 Ill. Adm. Code 205.150(c) (1), provides as
follows:
At the end of each reconciliation period, on
and after the dates specified in Section
205.200 of this Part, each participating
source shall:
1) Hold ATU5 in an amount not less than
its VON emissions during the preceding
seasonal allotment period
.
30. Section 205.130 of the Board’s Air Pollution
Regulations, 35 1.11. Adm. Code 205.130, provides the following
definition:
“Reconciliation period” means the period from
October 1 through December 31 of each year
during which the owner or operator of a
participating source or new participating
source must compile actual VON emissions for
the previous seasonal allotment period and
may also buy or ‘sell ATUs so that sufficient
ATU5 are held by the source by the conclusion
of the reconciliation period.
31. At the end of the reconciliation periods in 2000 and
2001, Respondent held fewer ATUs in its account than its VON
emissions from its facility for the 2000 and, 2001 seasonal
allotment periods.
22
32. Respondent, by its conduct as alleged herein, has
violated Sections 9(b)’ and 39.5(6) (b) of the Act, 415 ILCS 5/9(b)
and 39.5(6) (b) (2002); Sections 205.300(b) (1) and 205.150(c) (1) of
the Board Air Pollution Regulations, 35 Ill. Adm. Code.
205.300(b) (1) and 205.150(c) (1); and Conditions 6.7(a) (i) and
6.3(a) of CAAPP Permit 95110088.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondent, AARGUS PLASTICS, INC., on
Count V:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent has violated Sections 9(b) and
39.5(6) (b) of the Act, 415 ILCS 5/9(b) and 39.5(6) (b) (2002);
Sections 205.300(b) (1) and 205.150(c) (1) of the Board Air
Pollution Regulations, 35 Ill. Adm. Code 205.300(b) (1) and
205.150(c) (1); and Conditions 6.7(a) (i) and 6.3(a) of CAAPP
Permit 95110088;
3. Ordering Respondent to cease and desist from further
violations of Sections 9(b) and 39.5(6) (b) of the Act, 415 ILCS
5/9(a) and 39.5(6) (b) (2002); Sections 205.300(b) (1) and
205.150(c) (1) of the Board Air Pollution Regulations, 35 Ill.
Adm. Code 205.300(b) (1) and 205.150(c) (1); and Conditions
6.7(a) (1) and 6.3(a) of CAA.PP Permit 95110088;
23
4. Assessing against Respondent a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of Section 9(b)
of the Act, 415 ILCS 5/9(b) (2002), and the pertinent Board Air
Pollution Regulations, and an additional civil penalty of Ten
Thousand Dollars ($10,000.00) for each day of violation of
Section 9(b) of the Act, 415 ILCS 5/9(b) (2002), and the
pertinent Board Air Pollution Regulations;
5. Assessing against Respondent a civil penalty of Ten
Thousand Dollars ($10,000.00) for each day of violation of
Section 39.5(b) (6) of the Act, 415 ILCS 5/39.5(b) (6), and for
each violation of CAAPP Permit 95110088;
6. Taxing all costs in this action pursuant to Section
42(f) of the Act, including attorney, expert witness and
consultant fees, against Respondent; and
7. Granting such other relief as the Board deems
appropriate and just.
COUNT VI
FAILURE TO SUBMIT
ANNUAL
COMPLIANCE CERTIFICATIONS
1-15. Complainant realleges and incorporates by reference
herein paragraphs 1 through 13 and paragraph 15 of Count I and
paragraph 18. of Count II as paragraphs 1 through lsof this Count
VI.
16. Condition 9.8 of CAAPP Permit 95110088 provides, in
pertinent part, as follows:
24
Pursuant to Section 39.5(7) (p) (v) of the Act,
the Permittee shall submit annual compliance
certifications. The compliance
certifications shall be submitted no later
than May 1 or more frequently as specified in
the applicable requirements or by permit
condition. The compliance certifications
shall be submitted to the Air Compliance
Section, Air Regional Field Office, and USEPA
Region 5
-
Air Branch.
17. Respondent was required to submit its Annual Compliance
Certification for calendar year 2000 to the Illinois EPA no later
than May 1, 2001. Respondent did not submit its annual
compliance certification to Illinois EPA for calendar year 2000
until November 6, 2001.
18. Respondent, by its conduct as alleged herein, has
violated Sections 9(b) and 39.5(6) (b) of the Act, 415 ILCS 5/9(b)
and 39.5(6) (b) (2002), and Condition 9.8 of CAAPP Permit 95110088.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondent, AARGUS PLASTICS, INC., on
Count VI:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent has violated Sections 9(b) and
39.5(6) (b) of the Act, 415 ILCS 5/9(b) and 39.5(6) (b) (2002), and
Condition 9.8 of CAAPP Permit 95110088;
3. Ordering Respondent to cease and desist from further
violations of Sections 9(b) and 39.5(6) (b) of the Act, 415 ILCS
25
9(b) and 5/39.5(6) (b) (2002), and Condition 9.8 of CAAPP Permit
95110088;
4. Assessing against Respondent a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of Section 9(b)
of the Act, 4l5.ILCS 5/9(b) (2002), and an additional civil
penalty of Ten Thousand Dollars ($10,000.00) for each day of
violation of Section 9(b) of the Act, 415 ILCS 5/9(b) (2002);
5. Assessing against Respondent a civil penalty of Ten
Thousand Dollars ($10,000.00) for each day of violation of
Section 39.5(b) (6) of the Act, 415 ILCS 5/39.5(b) (6), and for
each violation of CAAPP Permit 95110088;
6. Taxing all costs in this action pursuant to Section
42(f) of the Act, including attorney, expert witness and
consultant fees, against Respondent; .and
7. Granting such other relief as the Board deems
appropriate and just.
COUNT VII
FAILURE TO NOTIFY ILLINOIS EPA OF NONCOMPLIANCE WITH CAAPP PERMIT
1-15, Complainant realleges and incorporates by reference
herein paragraphs 1 through 15 of Count VI as paragraphs 1
through 15 of this Count VII.
16. Condition 5.7.1 of CAAPP Permit 95110088 provides, in
pertinent part, as follows:
5.7.1 General Source-Wide Reporting
Requirements.
26
The Permittee shall notify the Illinois EPA,
Compliance Section of noncompliance with the
permit requirements within 30 days, 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 preventative measures taken.
17. Respondent has failed to notify Illinois EPA of many
instances when it has failed to comply with CAAPP Permit 95110088
within 30 days of failure to comply. Respondent failed to notify
Illinois EPA within 30 days of its use of noncompliant inks in
the flexographic printing presses, its failure to achieve VON
emission limitations, its violations of Emission Market Reduction
System Conditions, and its failure to timely submit compliance
certifications.
18. Respondent, by its conduct as alleged herein, has
violated Sections 9(b) and 39.5(6) (b) of the Act, 415 ILCS 5/9(b)
and 39.5(6) (b) (2002), and Condition 5.7.1 of CAAPP Permit
95110088.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondent, AARGUS PLASTICS, INC., on
Count VII:
1. Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2. Finding that Respondent has violated Sections 9(b) and
39.5(6) (b) of the Act, 415 ILCS 5/9(b) and 39.5(6) (b) (2002), and
27
Condition 5.7.1 of CAAPP Permit 95110088;
3. Ordering Respondent to cease and desist from further
violations of Sections 9(b) and 39.5(6) (b) of the Act, 415 ILCS
5/9(b) and 39.5(6) (b) (2002), and Condition 5.7.1 of CAAPP Permit
95110088;
4. Assessing against Respondent a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of Section 9(b)
of the Act, 415 ILCS 5/9(b) (2002), and an additional civil
penalty of Ten Thousand Dollars ($10,000.00) for each day of
violation’ of Section 9(b) of the Act, 415 ILCS 5/9(b) (2002);
5. Assessing against Respondent a civil penalty of Ten
Thousand Dollars ($10,000.00) for each day of violation of
Section 39.5(b) (6) of the Act, 415 ILCS 5/39.5(b) (6), and for
each violation of CAAPP Permit 95110088;
6. Taxing all costs in this action pursuant to Section
42(f) of the Act, including attorney, expert witness and
consultant fees, against Respondent; and
7. Granting such other relief as the Board deems
appropriate and just.
COUNT VIII
FAILURE TO COMPLY WITH TERMS AND CONDITIONS OF CAAPP PERMIT
1-15. Complainant realleges and incorporates
by
reference
herein paragraphs 1 through 15 of Count VI as paragraphs 1
through 15 of this Count VIII.
28
16. Condition 9.2.1 of CAAPP Permit 95110088 provides, in
pertinent part, as follows:
9.2.1 Duty to Comply
The Permittee must comply with all terms and
conditions of this permit. Any permit
noncompliance constitutes a violation of the
CAA and the Act, and is grounds for any
termination, revocation and reissuance,
modification, or denial of a permit renewal
application Section 39.5(7) (o) (i) of the
Act
The Permittee shall meet applicable
requirements that become effective during the
permit term in a timely manner unless an
alternate schedule for compliance with the
applicable requirement is established.
17. Respondent has violated numerous conditions of CAAPP
Permit 95110088 including using noncompliant inks in the
flexographic printing presses, exceeding VON emission
limitations, violating Emission Market Reduction System
Conditions, failing to timely submit compliance certifications,
and failing to notify Illinois EPA within 30 days of
noncompliance.
18. Respondent, by its conduct as alleged herein, has
violated Sections 9(b) and 39.5(6) (b) of the Act, 415 ILCS 5/9(b)
and 39.5(6) (b) (2002), and Condition 9.2.1 of CAAPP Permit’
95110088.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondent, AARGUS PLASTICS, INC., on
29
Count VIII:
1. Authorizing a hearing in this matter at which time
Respondent will be required to ans~er the allegations herein;
2. Finding that Respondent has violated Sections 9(b) and
39.5(6) (b) of the Act, 415 ILCS 5/9(b) and 39.5(6) (b) (2002), and
Condition 9.2.1 of CAAPP Permit 95110088;
3. Ordering Respondent to cease and desist from further
violations of Sections 9(b) and 39.5(6) (b) of the Act, 415 ILCS
5/9(b) and 39.5(6) (b) (2002), and Condition 9.2.1 of CAAPP Permit
95110088;
4. Assessing against Respondent a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of Section 9(b)
of the Act, 415 ILCS 5/9(b) (2002), and an additional civil
penalty of Ten Thousand Dollars ($10,000.00) for each day of
violation of Section 9(b) of the Act, 415 ILCS 5/9(b) (2002);
5. Assessing against Respondent a civil penalty of Ten
Thousand Dollars ($10,000.00) for each day of violation of
Section 39.5(b) (6) of the Act, 415 ILCS 5/39.5(b) (6), and for
each violation of CAAPP Permit 95110088;
6. Taxing all costs in this action pursuant to Section
42(f) of the Act, including attorney, expert witness and
consultant fees, against Respondent; and
7. Granting such other relief as the Board deems
appropriate and just.
30
PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN, Attorney
General of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
En ‘rimental Bureau
~
Assistant Attorney General
Of Counsel:
JOEL J. STERNSTEIN
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., ~ Floor
Chicago, Illinois 60601
(312) 814-6986
H: \common\Erwiro~menta1\JOEL\CaseDocumentB\Aargus P1astics\Cornp1ain~-finaI.wpd
31
CERTIFICATE OF SERVICE
I, JOEL J. STERNSTEIN, an Assistant Attorney General,
certify that on the
17th
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 same in postage
prepaid envelopes with the United States Postal Service located
at 100 West Randolph Street, Chicago, Illinois 60601.
JOEL J. STERNSTEIN
