RECEAVED

CLERK’S

OFFICE

OCT

092003

STATE OF ILLINOIS

OFFICE

OF THE ATTORNEY GENERAL

Pollution

Control

Board

STATE

OF ILLINOIS

Lisa Madigan

AYFORNEY GENERAL

October 8,

2003

The Honorable

Dorothy Gunn

Illinois Pollution Control

Board

James

R.

Thompson Center,

Ste.

11-500

100 West

Randolph

Chicago,

Illinois

60601

Re:

People v.

MacMurray College

Dear Clerk Gunn:

Enclosed

for

filing

please

find

the

original

and

ten

copies

of

a

NOTICE

OF

FILING,

APPEARANCE and COMPLAINT in regard to the above-captioned matter.

Please file the originals

and

return

file-stamped

copies

of the documents to

our office

in

the

enclosed

self-addressed,

stamped envelope.

Thank you for your cooperation and

consideration.

Very truly yours

Delbert D.

H

chemeyer

Environmental

Bureau

500

South

Second Street

Springfield,

Illinois 62706

(217) 782-9031

DDH/pp

Enclosures

500 South Second

Street, Springfield. Illinois

62706

•

(217) 782-1090

•

TTY:

(217) 785-2771

•

Fax: (217)

782-71)46

100

~VestRandolph Street, Chicago, Illinois

60601

•

(312) 814-3000

•

TTY:

(312) 814-3374

•

Fax:

(312)

814-3806

1001

East Main, Carhondale,

Illinois

62901

•

(618) 529-6400

•

TTY:

(618)

529-6403

•

Fax: (618) 529-6416

---

RECEIVED

CLERK’S OFFICE

BEFORE

THE

ILLINOIS POLLUTION CONTROL BOARD

OCT 092003

PEOPLE OF THE STATE

OF

)

STATE OF ILLINOIS

ILLINOIS,

)

Pollution Control

Board

)

Complainant,

)

~Ci~No.

Ofr~

MacMURRAY COLLEGE,

an

Illinois

corporation,

)

)

Respondent.

NOTICE OF FILING

To:

Daniel

J.

Beard

Bellatti Fay

Bellatti

&

Beard

816 West State Street

P.O.

Box 969

Jacksonville,

IL 62651

PLEASE TAKE

NOTICE that

on this date

I mailed for filing with the Clerk of the Pollution

Control

Board

of the State of

Illinois, an APPEARANCE

and

VERIFIED COMPLAINT,

a copy of

which is attached

hereto and herewith 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

this

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.

1

---

FURTHER,

please

take

notice

that

financing

may

be

available,

through

the

Illinois

Environmental Facilities

Financing

Act, 20

ILCS 351 5/1

(1994), to correct the pollution alleged in

the Complaint filed

in this case.

Respectfully submitted,

PEOPLE OF THE STATE OF

ILLINOIS

LISA MADIGAN,

Attorney General of the

State of

Illinois

MATTHEW

J.

DUNN, Chief

Environmental

Enforcement/Asbestos

Litiga

n

ivisi

ç,,~7

j

BY:___________________

DELB~TD.

HASCHEMEYtR

Assistant Attorney General

Environmental Bureau

500

South

Second Street

Springfield,

Illinois

62706

217/782-9031

Dated:

October 8, 2003

2

---

CERTIFICATE OF SERVICE

I hereby certify that

I did on

October 8,

2003,

send by certified mail, with

postage thereon

fully prepaid,

by depositing in

a

United

States Post

Office Box a true and correct copy of the

following

instruments entitled NOTICE OF

FILING,

ENTRY OF APPEARANCE and

VERIFIED

COMPLAINT:

To:

Daniel

J.

Beard

Bellatti

Fay Bellatti

& Beard

816 West

State Street

P.O.

Box 969

Jacksonville,

IL 62651

and

the original and

ten copies by First Class

Mail with postage thereon fully prepaid

of the

same foregoing instrument(s):

To:

Dorothy Gunn, Clerk

Illinois

Pollution Control

Board

James

R. Thompson Center

Suite

11-500

100 West

Randolph

Chicago,

Illinois 60601

Delbert

D.

Hasc

emeyer

P

Assistant Attorney General

This filing

is submitted

on recycled

paper.

---

RECEIVEJ~

CLERK’S OFFICE

BEFORE THE

ILLINOIS POLLUTION

CONTROL

BOARD

OCT

0

9

2003

PEOPLE OF THE STATE OF

)

STATE

OF ILLINOIS

ILLINOIS,

)

Pollution

Control Board

)

Complainant,

)

vs.

)

MacMURRAY COLLEGE,

)

an Illinois corporation,

)

)

Respondent.

ENTRY OFAPPEARANCE

On

behalf of the

Complainant,

PEOPLE

OF THE

STATE

OF

ILLINOIS,

DELBERT

D.

HASCHEMEYER, AssistantAttorney General of the State of Illinois, hereby enters his appearance

as attorney of record.

Respectfully submitted,

PEOPLE

OF THE

STATE OF ILLINOIS,

LISA MADIGAN

Attorney General of the

State of Illinois

MATTHEW J.

DUNN, Chief

Environmental

Enforcement/Asbestos

BY:

((JJ~24~

DEBE~T D.

ASCHEMEYE

Environmental

Bureau

Assistant Attorney General

500 South

Second Street

Springfield,

Illinois

62706

217/782-9031

Dated:

October 8, 2003

---

CLERK’S OFFICE

-

BEFORE THE ILLINOIS POLLUTION

CONTROL BOARD

OCT 092003

PEOPLE OF THE STATE OF ILLINOIS,

)

p

STATE OF ILLINOIS

o

ution

Control Board

Complainant,

)

v.

)

PCBNO.

)

(Enforcement)

MacMURRAY COLLEGE,

an

Illinois corporation,

)

)

Respondent.

VERIFIED

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

by

LISA

MADIGAN,

Attorney

General of the State of Illinois,

complains of the Respondent,

MacMURRAY

COLLEGE,

an

Illinois

corporation,

as follows:

COUNT

NESHAP VIOLATIONS

1.

This Complaint is broughtby theAttorney General of the State of Illinois, on her own

motion

and at the request of the Illinois Environmental Protection Agency (“Illinois EPA”), pursuant

to

the terms

and

conditions of Section

31

of the Illinois

Environmental Protection Act (“the Act”),

415

ILCS

5/31

(2002),

after

providing

the

Respondent

with

notice

and

the

opportunity

for

a

meeting with the Illinois

EPA.

2.

The Illinois EPA

is an

agency of the State of

Illinois created by the Illinois General

Assembly

in

Section 4 of the Act, 415

ILCS

5/4

(2002),

and charged,

inter a/ia,

with the duty of

enforcing

the Act in

proceedings

before the

Illinois

Pollution Control

Board (“Board”).

3.

Respondent,

MacMurray

College,

a

private

college,

is

a

not-for-pecuniary-profit

corporation,

in good standing, organized under the provisions of the Educational Corporations Act,

1

---

.110

ILCS

30/0.0.1

et

seq.

-(2002),

located

at

477

East

College

Avenue,

Jacksonville,

Morgan

County,

Illinois.

4.

On

some

dates

better

known

to

the

Respondent

during

the

spring

of

2001,

Respondent removed insulation material containing asbestos from the interior of the west wall of

an old field house (renovations activities) located on its campus at 460 Hardin Street, Jacksonville,

Illinois.

Following removal

of the

insulation

material,

the material

was

stored

in

open

55-gallon

drums, or black plastic bags, in the

field house or left swept in a pile on the floor of the field

house

for a period of time known to the Respondent.

5.

Section 9.1(d) of the Act, 415

ILCS 5/9.1(d)

(2000),

provides:

(d)

No person shall:

1.

Violate any

provisions of Sections

111,

112,

165

or

173

of

the Clean

Air Act,

as

now or hereafter amended, or federal

regulations adopted

pursuant thereto;

***

6.

The

regulations

on

National

Emission

Standards

for

Hazardous

Air

Pollutants

(“NESHAP”), 40 CFR Part 61, Subpart

M

et

seq.

(1993), were adopted pursuant to Section 112 of

the Clean Air Act, 42 USC 7412.

Asbestos is regulated

as a hazardous air pollutant because

it is

a carcinogen.

7.

40 CFR 61.145 (1993),

provides,

in pertinent part:

(a)

Applicability.

To determine which requirements of

paragraphs (a),

(b)

and

(c)

of

this

section

apply

to

the

owner or

operator

of

a

demolition or renovation activity and prior to

the commencement of

the demolition or renovation, thoroughly inspect the affected Facility

or part of the Facility where the demolition or renovation

operation

will

occur for the

presence

of

asbestos,

including

Category

I

and

Category

II

nonfriable ACM.

The requirements

of

paragraphs (b)

and

(c)

of

this

section

apply

to

each

owner

or

operator

of

a

demolition or renovation activity,

including the removal of RACM as

follows:

***

2

---

(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.

***

(c)

Procedures forasbestos emission

control.

Each owner or operator

of a demolition or renovation activityto whom this paragraph applies,

according

to

paragraph

(a)

of this

section,

shall comply

with

the

following

procedures:

***

(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 fordisposal in accordance with 61.150;

(ii)

Carefully lower the material to the ground

and floor,

not dropping, throwing, sliding orotherwise damaging

or disturbing the material;

(iii)

Transport

the

material

to

the ground

via

leak-tight

chutes

or

containers

if

it

has

been

removed

or

stripped

more than

50 feet above ground

level

and

was

not

removed

or

stripped

more

than

50

feet

above ground level and was not removed as units

or

in

sections.

(iv)

RACM contained

in leak-tight wrapping that has been

removed

in

accordance with

paragraphs (c)(4)

and

(c)(3)(i)(B)(3) of this section

need

not be wetted.

(8)

Effective

one year after promulgation

of this

regulation,

no

RACM

shall

be

stripped,

removed,

or otherwise

handles

or

disturbed

at

a

Facility

regulated

by this

section

unless

at

least

one

on-site

representative,

such

as

a

foreman

or

management level person or other authorized representative,

trained

in the provisions of this regulation and the means

of

complying

with them,

is

present.

.

.

3

---

8.

40 CFR 61.150(a)(1) provides:

Standard

for

waste

disposal

for

manufacturing,

fabricating,

demolition,

renovation, and

spraying

operations.

Each

owner or

operator of

any

source

covered

under

the

provisions

of

Sections 61.144, 61.145, 61.146 and 61.147 shall comply with the following

provisions:

(a)

Discharge

no

visible

emissions

to

the

outside

air

during

the

collection,

processing

including

incineration,

packaging,

or

transporting of any asbestos-containing waste materialgenerated by

the source, or use

one of the emission

control and waste treatment

methods specified

in

paragraphs (a)(1) through (4) of this section.

(1)

Adequately

wet

asbestos-containing

waste

material

as

follows:

(i)

Mix control

device asbestos

waste

to

form a slurry;

adequately

wet

other

asbestos-containing

waste

material;

and

(ii)

Discharge no visible emissions to the outside air from

collection, mixing,

wetting, and

handling operations,

or use the

methods

specified

by Section

61.152

to

clean

emissions

containing

particulate

asbestos

material before they escape to, or are vented to, the

outside

air;

and

(iii)

After

wetting,

seal

all

asbestos-containing

waste

material

in

leak-tight

containers

while

wet;

or,

for

materials

that

will

not

fit

into

containers

without

additional

breaking,

put

materials

into

leak-tight

wrapping;

and

(iv)

Label the containers or wrapped materials specified

in

paragraph (a)(1)(iii)

of this

section

using warning

labels

specified

by Occupational

Safety and

Health

Standards of the Department of Labor,

Occupational

Safety and

Health Administration

(OSHA)

under

29

CFR 1910,1001 (j)(2) or I 926.58(k)(2)(iii).

The labels

shall

be

printed

in

letters

of

sufficient

size

and

contract so as to be readily visible and

legible.

(v)

For

asbestos-containing

waste

material

to

be

transported

off the

Facility

site,

label

containers

or

wrapped

materials

with

the

name

of

the

waste

4

---

generator and

the location

at

which the waste

was

generated.

***

(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 Section

61.154, or

(2)

An

EPA-approved

site

that

converts

RACM

and

asbestos-containingwaste material into nonasbestos

(asbestos-free)

material according

to the provisions

of Section 61.155.

9.

Prior to commencing renovation activities within the field house, Respondent failed

to thoroughly inspect the facility for the presence of asbestos, including

Category

I and

Category

II non-friableACM,

in violation of 40 CFR 61.145(a) (1999), and Section 9.1(d) of the Act, 415 ILCS

5/9.1(d) (2002).

10.

Prior to renovation

activities within the field

house,

Respondent failed

to provide to

the Illinois EPA a notification of demolition and

renovation informing

the Illinois EPA of its

intent to

conduct such

activities,

in violation of 40 CFR 61.145(b)(l)

(1999) and

Section

9.1(d) of the Act,

415 ILCS 5/9.1(d)

(2002).

11.

Respondent

failed

to

adequately wet

and

maintain wet

all

RACM

and

regulated

asbestos-containing

waste

material

generated

by

the renovation

activities

within the field

house

until collected

and contained

in preparation for disposal at a site permitted

to accept such waste,

in violation of 40 CFR 61 .145(c)(2) (1999), and Section 9.1(d) of the Act, 415 ILCS 5/9.1(d) (2002).

12.

Respondent failed to have on-site during

renovation activities within the field house

at least one representative

trained in

the provisions of the NESHAP for asbestos

and compliance

methods

prescribed

therein,

in violation

of 40

CFR 61.145(c)(8)

(1999),

and Section

9.1(d) of the

Act, 415

ILCS 5/9.1(d)

(2002).

5

---

13.

Respondent failed to adequately wet, and keep wet, regulated asbestos-containing

‘ivaste

material, thereby causing or allowing

the discharge

of visible

emissions to the outside air

during the processing

of such material,

in violation

of 40 CFR 61.150(a)(1) and

Section

9.1(d) of

the Act, 415

ILCS 5/9.1(d)

(2002).

14.

Respondent failed

to

transport

to

a waste

disposal

site

as soon

as

practical

all

asbestos-containing waste

material

generated

during

renovation

activities within the

field

house

in violation of 40 CFR 61 .150(b) and Section

9.1(d) of the Act, 415

ILCS 9.1(d) (2002).

PRAYER

FOR RELIEF

WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that the

Board

enter an order against the Respondent,

MacMURRAY COLLEGE:

A.

Authorizing a hearing

in this matter

at which time the Respondent will be

required

to answer the allegations

herein;

B.

Finding that Respondent has violated the Act and the regulations as alleged herein;

C.

Ordering Respondent to cease and desist from any further violations of the Act and

associated

regulations;

D.

Pursuant to Section 42(a) of the Act,415 ILCS 5/42(a) (2002), impose a civil penalty

of up to fifty thousand dollars

($50,000) for each violation;

and

E.

Grant

such other and further relief as the Board

deems appropriate.

COUNT

OPEN

DUMPING VIOLATIONS

1-4.

Plaintiff realleges and

incorporates herein by reference paragraphs I

through 4 of

Count

I

as paragraphs I

through 4 of this Count Il.

5.

Section

21(a),

(d)(1),

(d)(2),

(e),

(p)(1), and

(p)(7)

of the Act, 415

ILCS

5/21(a),

(d)(l), (d)(2),

(e),

(p)(l) and (p)(7)

(2002),

respectively,

provide as follows:

6

---

No

person shall:

a.

Cause or allow the open

dumping of any waste.

***

d.

Conduct

any

waste-storage,

waste-treatment,

or waste-disposal

operation:

(1)

without a permit granted by the Agency or in violation of any

conditions imposed by such permit including periodic-reports

and

full

access to

adequate

records

and

the inspection

of

facilities,

as may

be

necessary

to

assure

compliance with

this

Act

and

with

regulations

and

standards

adopted

thereunder;

provided,

however,

that,

except

for

municipal

solid

waste

landfill

units

that

receive

waste

on

or

after

October 9,

1993,

no

permit shall

be

required for:

(i)

any

person

conducting

a

waste-storage,

waste-

stored,

treated,

or

disposed

within

the

site

where

such wastes are generated, or

(ii)

a facility

located

in

a

county with

a

population

over

700,000,

operated

and

located

in

accordance

with

Section 22.38 of this Act, and used exclusively for the

transfer,

storage,

or

treatment

of

general

construction of demolition debris;

(2)

in

violation

of any

regulations or standards

adopted

by the

Board

under this Act; or

***

e.

Dispose,

treat,

store or abandon any waste, or transport any waste

into

this

State

for

disposal,

treatment,

storage

or abandonment,

except at

a site or Facility which meets the requirements of this Act

and

of

regulations and

standards thereunder.

***

p.

In violation of subdivision (a) of this Section, cause or allow the open

dumping

of

any

waste

in

a

manner which

results

in

any

of

the

following occurrences

at the dump site:

1

.

litter;

***

7

---

7.

Disposition of:

(i)

general construction or demolition debris as defined

in Section 3.78 of this Act; or

(ii)

clean construction or demolition debris as defined

in

Section

3.78a of this Act.

-

-

6.

Section

812.101 (a) of the Pollution

Control

Board’s

land regulations,

35

ElI.

Adm.

Code

812.101 (a),

provides:

-

Scope

and Applicability

(a)

All

persons except those specifically

exempted by Section

21(d) of

the Environmental Protection Act (Act)

(Ill. Rev. Stat. 1991, ch.

111

-1/2,

par. 1021(d)) 415

ILCS 5/21(d)

shall submit to the Agency an

application

for

a

permit

to

develop

and

operate

a

landfill.

The

applications

must contain the

information

required

by this Subpart

and

by Section

39(a) of the Act, except as otherwise

provided

in 35

III. Adm.

Code 817.

7.

Section 722.111

of the Pollution

Control Board’s land regulations, 35 Ill. Adm. Code

722.111, provides:

Hazardous Waste

Determination

A

person who

generates

a

solid

waste,

as

defined

in

35

Ill.

Adm.

Code

721.102,

shall

determine

if

that

waste

is

a

hazardous

waste

using

the

following

method:

(a)

The

person should

first

determine

if

the

waste

is excluded

from

regulation under

35

III. Adm.

Code 721.104.

(b)

The

person

must

then

determine

if

the

waste

is

listed

as

a

hazardous waste

in 35

Ill. Adm.

Code 721 .Subpart D.

BOARD

NOTE:

Even

if

a

waste

is

listed,

the

generator

still

has

an

opportunity under 35

III. Adm. Code 720.122 to demonstrate that the waste

from the generator’s particular facility oroperation is not a hazardous waste.

(c)

For

purposes

of

compliance with

35

III.

Adm.

Code

728,

or

if the

waste

is

not

listed

as

a

hazardous

waste

in

35

III.

Adm.

Code

721 .Subpart

D,

then

generator shall

then

determine whether the

waste is identified

in 35

III.

Adm.

Code 721 .Subpart C by

either:

8

---

(1)

Testing the waste according

to the methods set forth in

335

Ill. Adm.

Code 721 .Subpart C, or according to

an equivalent

method

approved

by

the

Board

under

35

Ill.

Adm.

Code

720.121; or

(2)

Applying knowledge of the hazard characteristic of the waste

in light

of the materials or the processes used.

(d)

If

the

generator

determines

that

the

waste

is

hazardous,

the

generator shall refer to 35

III. Adm. Code 724, 725, 728, and 733 for

possible exclusions

or restrictions pertaining to

the management of

the specific waste.

8.

Section 739.I22(c)(1) of the Pollution Control Board’s land regulations, 35

III.

Adm.

Code 739.122(c)(l),

provides:

Used Oil Storage

***

(c)

Labels

(1)

Containers and aboveground tanks used

to store used oil at

generator facilities must

be

labeled

or marked

clearly with

the words “Used Oil.”

9.

Section 808.121

of the Pollution Control Board’s land regulations, 35

III. Adm. Code

808.121, provides:

Generator Obligations

(a)

Each

person who

generates

wastes

shall

determine

whether the

waste

is a special waste.

10.

Commencing on some date

known to the Respondent and continuing to some date

known

to the Respondent,

Respondent caused or allowed the open dumping

of waste adjacent to

the field house, including cinder blocks, wood, an ice chest, and water heater,

in violation of Section

21(a) of the Act, 415

ILCS 5/21(a)

(2002).

11.

Commencing on some date known to the Respondent and continuing to some date

known to the Respondent,

Respondent conducted a waste-storage operation resulting from waste

9

---

mentioned above deposited adjacent to the field

house without first obtaining the requisite permit

issued by the

Illinois

EPA in

violation

of Section

21(d)(1)

and (2) of the Act, 415

ILCS 5/21(d)(1)

and

(2) (2002),

and

in violation

of Board

regulations.

12.

Commencing on some date known to the Respondent and corttinuingto-sonie date

known

to the Respondent,

Respondent caused the storage

of waste for disposal

or treatment at

a site not permitted to accept such waste for storage and disposal,

in violation of Section 21(e) of

the Act, 415

ILCS 5/21(e)

(2002).

13.

Commencing on some date known to the Respondentand continuing to some date

known to the Respondent,

Respondent caused or allowed the open dumping

of waste adjacent to

the field house, including

cinder blocks, wood,

an ice chest, and water heater, resulting

in litter,

in

violation of

Section 21(p)(1) of the Act, 415 ILCS 21 (p)(1)

(2002).

14.

Commencing on some date known to the Respondentand corttinuing.to some date

known to

the Respondent,

Respondent caused the open dumping of general demolition debris in

the form

of

cinder

blocks

and

wood

waste

adjacent

to

the

field

house,

in

violation

of

Section

21(p)(7) of the Act, 415

ILCS 5/21 (p)(7) (2002).

15.

Commencing on some date known to the Respondent and continuing to some date

known

to

Respondent,

Respondent failed

to

apply for

and

obtain

the requisite

permit

from the

Illinois EPA

prior to operation of a waste disposal site resulting

from waste handling and disposal

activities

adjacent

to

the

field

house,

in

violation

of

Section

812.101 (a)

of the

Illinois

Pollution

Control

Board’s regulations,

35

III. Adm.

Code

81 2.101(a).

16.

Commencing

on

some

date

known

to

Respondent and

continuing

to

some

date

known to

Respondent,

Respondent failed

to

conduct hazardous waste determinations relative to

seven 20-gallon, two 55-gallon, and two 30-gallon drums stored within the field house.

In addition,

hazardous

waste

determinations

were

not

performed

on

the contents

of four 55-gallon

drums

10

---

stored within the janitorial supplies

room located within the Norris Education Building,

in violation

of Section

712.111

of

the Illinois

Pollution

Control

Board’s land

regulations,

35

III. Adm.

Code

722.111.

17.

Commencing on some date known to the Respondent and continuing to some date

known to the Respondent,

Respondent failed

to

label one

55-gallon,

one 20-gallon,

and two 30-

gallon drums, stored within the field

house,

identifying

the contents

as “used

oil,” in

violation

of

Section

739.122(c)(I)

of

the

Pollution

Control

Board’s

waste

regulations,

35

III.

Adm.

Code

739.122(c)(1).

18.

Commencing

on

some date

known to the Respondent,

and

continuing

to

some

date known to the Respondent, Respondent failed to conduct special waste determinations relative

to

seven

20-gallon,

two

55-gallon,

and

two

30-gallon

drums

stored

within the

field

house.

In

addition, special waste determinations were not performed on the contents of four 55-gallon drums

stored within the janitorial supplies

room located within the Norris Education Building,

in violation

of

Section

808.121(a)

of

the

Pollution

Control

Board’s waste

regulations,

35

III.

Adm.

Code

808.121(a).

PRAYER

FOR RELIEF

WHEREFORE, Complainant, the People of the State of Illinois, respectfullyrequest that the

Board

enter an

order against the Respondent,

MacMURRAY COLLEGE.

A.

Authorizing

a

hearing

in this matter

at which time the Respondent will be

required

to

answer the allegations

herein;

B.

Finding that Respondent has violated the Act and the regulations as alleged

herein;

C.

Ordering Respondent to cease and desist from any further violations of the Act and

associated

regulations;

11

---

D.

Pursuant to Section 42(a) of theAct, 415

I LCS 5/42(a) (2002), impose a civil penalty

of up to fifty thousand

dollars ($50,000) for each violation; and

E.

Grant such

other and further relief as the Board

deems appropriate.

Respectfully submitted,

PEOPLE OF THE

STATE OF ILLINOIS,

LISA MADIGAN,

Attorney General

State of

Illinois

MATTHEW J.

DUNN, Chief

Environmental Enforcement/Asbestos

Litigation

Division

BY:__________________

THOMAS DAVIS, Chief

Assistant Attorney General

Environmental Bureau

Of Counsel

DELBERT D.

HASCHEMEYER

Assistant Attorney General

500

South

Second Street

Springfield,

Illinois

62706

21 7/782-903i.

Dated:

/D(6ô/0?

12

---

_.___~._-,;,__

~

-

)

.:

~

..~

~

)ss

.

.

~---

-

-

-

—~

.~

AFFIDAVIT

-.

...

-

I, Alan

Grimmeft, bein.g-firs~duIysworn;bnôath~stàte~

~‘--‘

-

1.

I

am a

certified asbestos inspector in the

State of Illinois.

2.

I have been employed

as an

Environmental Protection Associated, Illinois

Environmental Protection Agency,

State of

Illinois, forapproximately

five and one half

years.

3.

I have read

the foregoing Verified Compliant and

am aware of the contents thereof.

4.

I have personal and

direct knowledge of the facts alleged in

the Verified Compliant.

5. The factual

matters

set forth therein are true and correct in substance and

in fact, to

the best

of my knowledge and true belief.

ALAN

GRIMMET

_____

________________

2003.

~

:~

OFFICIAL

SEAL

PENNY TINDER

~: NOTARY

PUBLIC,

STATE

OF

ILLINOIS

~.

MY

COMMISSION

EXPIRES

3-1.2004

STATE OF ILLINOIS

COUNTY

OF SANGAMON

Subscribed and

Sworn

to

before me

this’B~~dayofOQ..i-~-&~--Q.z_)

NOTARY PU~LIC