BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
ex rel.
LISA MADIGAN, Attorney
)
CLERKS
OFFICE
General of the State of Illinois,
OC~
t?2003
Complainant,
STATE
OF ILLINOIS
v.
)
PCB
04-
(o I
Pollution
Control Board
(Enforcement-Water)
ROYAL TRUCKING COMPANY,
a
Mississippi corporation,
Respondent.
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE
that on October
17,
2003,
we filed with the
Illinois Pollution Control Board a Complaint,
a true and correct copy
of which is 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.
Financing
to correct the violations alleged may be available
through the Illinois Environmental Facilities Financing Act
20 ILCS
3515/1,
et
seq.
Respectfully submitted,
LISA MADIGAN
Attorney General
State of Illinois
BY:
____________________________
Christop
P
Perzan
Assis
nt Att rney General
Environmental Bureau
188
W. Randolph St.,
20th Floor
Chicago,
Illinois
60601
(312)
814-3532
SERVICE LIST
Royal Trucking Co.
c/o Mr. Billy Milican,
Registered Agent
1323 N Eshman Ave
West Point MS 39773-8700
CLp~.
~
~
‘/
2uo~j
S7~VJEOp
PCB
04-
(~.‘7
Po//gj~j0~
~
(Enforcement-Water)
Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE
OF ILLINOIS,
ex
rel.
LISA
MADIGAN,
Attorney
General
of
the
State
of
Illinois,
Complainant,
v.
ROYAL TRUCKING COMPANY,
a
Mississippi corporation,
Respondent.
COMPLAINT
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
by
LISA
MADIGAN,
Attorney General of the State
of Illinois,
complains
of Respondent
ROYAL TRUCKING COMPANY as follows:
COUNT
I
WATER POLLUTION
1.
This
Complaint
is
brought
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
slia,
with
the
duty
of
enforcing
the
Act.
3.
ROYAL TRUCKING COMPANY
(“Royal”)
is a Mississippi
corporation
with
its
headquarters
located
at
1323
N.
Eshman
Ave.
1
West
Point,
Clay
County,
Mississippi.
4.
On
December
30,
Royal
was
transporting
approximately
3,630
gallons
of
sodium
bisulfite
on
Interstate
94,
Cook
County,
Illinois.
5.
The
sodium
bisulfite
on
the
truck
was
contained
in
eleven
plastic
totes,
each
holding
330
gallons
of
sodium
bisulfite.
6.
The
totes
of
sodium
bisulfite
originated
from
PVS
Chemical
Solutions,
Inc.
(“PVS”),
which
is
a
Michigan
company
authorized
to
do
business
in
Illinois.
The
totes
were
picked
up
from
PVS’s
Chicago
facility
by
Royal,
acting
as
carrier
for
one
of
PVS’s
customers,
Hall
Chemical
Company,
for
delivery
to
Farmington,
Michigan.
7.
Prior
to
departure,
a
PVS
employee
loaded
the
eleven
totes
in
single
file
down
the
truck’s
interior.
After
the
totes
were
loaded,
the
Royal
driver
inspected
the
totes
and
secured
them
with
a
nylon
strap
across
the
rear
tote.
8.
As
the
truck
was
being
driven
by
the
Royal
driver
onto
Interstate
94,
the
truck
overturned
spilling
the
contents
of
the
sodium bisulfite
in
the
roadway.
9.
The
sodium
bisulfite
ran
off
the
roadway,
across
the
land
to
an
area
of
swales
containing
pooled
water
in
the
cloverleaf.
10.
Interstate
94
was
shut
down
in
the
southbound
direction
for
approximately
four
hours
as
a
result
of
the
spill.
11.
Sodium bisulfite
is an irritant
to the eyes,
skin,
and
2
respiratory system in humans and may irritate or burn the
gastrointestinal
tract
when
ingested.
Direct
contact
with
liquid,
mist,
or
vapor
can
cause
irritation
or
mild
burns
to
all
human
tissue.
12.
Sodium
bisulfite
creates
an
oxygen
demand
when
released
into
water,
thus
posing
a
threat
to
fish
and
other
aquatic
life
through
the
depletion
of
oxygen
levels.
13.
Section
12(a)
of
the
Act,
415
ILCS
5/12(a)
(2002),
provides
as
follows:
No
person
shall:
a.
Cause
or
threaten
or
allow
the
discharge
of
any
contaminant
into
the
environment
in
any
State
so
as
to
cause
or
tend
to
cause
water
pollution
in
Illinois,
either
alone
or
in
combination
with
matter
from
other
sources,
or
so
as
to
violate
regulations
or
standards
adopted
by
the
Pollution
Control
Board
under
this
Act.
14.
Section
3.165
of
the
Act,
415
ILCS
5/3.165
(2002),
defines
“contaminant”
as
follows:
“CONTAMINANT”
is
any
solid,
liquid
or
gaseous
matter,
any
odor
or
any
form
of
energy,
from
whatever
source.
15.
The
sodium
bisulfite
released is a contaminant
as that
term
is
defined
in
Section
3.165
of
the
Act,
415
ILCS
5/3.165
(2002)
16.
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
company,
corporation,
association,
joint
stock
3
company,
trust,
estate,
political subdivision,
state agency, or any other legal entity,
or their
legal representative,
agent or assigns.
17.
Respondent is a “person”
as that term is defined in
Section 3.315 of the Act,
415 ILCS 5/3.315
(2002)
18.
Section 3.545 of the Act,
415 ILCS 5/3.545
(2002),
defines “water pollution”
as
follows:
“WATER POLLUTION”
is such alteration
of the
physical,
thermal,
chemical, biological or
radioactive properties
of any water of the State,
or such discharge of any contaminant into any
waters of the State,
as will or is likely to create
a nuisance or render such waters harmful or
detrimental or injurious to public health,
safety
or welfare, or to domestic, commercial,
industrial,
agricultural,
recreational, or other legitimate
uses,
or to livestock,
wild animals,
birds,
fish,
or other aquatic life.
19.
Section 3.550 of the Act,
415 ILCS 5/3.550
(2002),
defines “waters” as follows:
“WATERS” means all accumulations of water,
surface
and underground,
natural, and artificial, public
and private, or parts thereof, which are wholly or
partially within,
flow through,
or border upon this
State.
20.
The waters in the swales of Interstate 94’s cloverleaf
are waters of the State as that term is defined in Section 3.550 of
the Act,
415 ILCS 5/3.550
(2002)
21.
The release of the sodium bisulfite into the water
pooled in the swales caused or threatened harm to aquatic life,
rendered those waters potentially harmful to human health, and
created a public nuisance.
22.
The release of the sodium bisulfate also threatened to
4
enter
Lake
Calumet,
creating
a
potential
hazard
to
fish
and
other
wildlife.
23.
The
facts
as
alleged
in
this
Count
constitute
a
violation
of
Section
12
(a)
of
the
Act,
415
ILCS
5/12
(a)
(2002)
WHEREFORE,
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully
requests
that
the
Board
enter
an
order
in
favor
of
Complainant
and
against
Respondent,
on
this
Count
I.
1.
Finding
that
Respondent
has
violated
Section
12(a)
of
the
Act;
2.
Ordering
Respondent
to
cease
and
desist
from
any
future
violations
of Section 12(a)
of the Act;
3.
Assessing
a
civil
penalty
of
Fifty
Thousand
Dollars
($50,000.00)
against
Respondent
for
each
violation
of
the
Act,
and
an
additional
penalty
of
Ten
Thousand
Dollars
($10,000.00)
per
day
for
each
day
of
violation;
4.
Assessing
all
costs
against
Respondent
including
expert
witness,
consultant,
and
attorney
fees;
and
5.
Granting
such
other
relief
as
the
Board
deems
appropriate
and
just.
COUNT
II
CREATION OF A WATER POLLUTION HAZARD
1-18.
Complainant realleges and incorporates by reference
herein
paragraphs
1
through
12
and
14
through
19
of
Count
I
as
paragraphs
1
through
18
of
this
Count
II.
19.
Section
12(d)
of
the
Act,
415
ILCS
5/12(d)
(2002),
5
provides
as
follows:
No
person
shall:
d.
Deposit
any
contaminants
upon
the
land
in
such
place
and
manner
so
as
to
create
a
water
pollution
hazard;
20.
The
spilled
sodium
bisulfite
remained
on
the
land
from
December
30,
2002
until
at
least
January
8,
2003.
21.
During
the
time
it
remained
on
the
land,
the
sodium
bisulfite threatened and created a hazard of further water
pollution
and
because
water
coming
into
contact
with
it
would
have
been
impacted
or
contaminated
by
the
sodium
bisulfite,
it
also
constituted
a
public
nuisance.
22.
The
facts
as
alleged
in
this
Count
constitute
a
violation
of
Section
12(d)
of
the
Act,
415
ILCS
5/12(d)
(2002)
WHEREFORE,
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully requests that the Board enter an order in favor of
Complainant
and
against
Respondent,
on
this
Count
II:
1.
Finding
that
Respondent
has
violated
Section
12(d)
of
the
Act;
2.
Ordering
Respondent
to
cease
and
desist
from
any
future
violations
of
Section
12(d)
of
the
Act;
3.
Assessing
a
civil
penalty
of
Fifty
Thousand
Dollars
($50,000.00)
against
Respondent
for
each
violation
of
the
Act,
and
an additional penalty of Ten Thousand Dollars
($10,000.00)
per day
for
each
day
of
violation;
4.
Assessing
all
costs
against
Respondent
including
expert
6
witness,
consultant,
and
attorney
fees;
and
5.
Granting
such
other
relief
as
the
Board
deems
appropriate
and
just.
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
By:
Of
Counsel:
CHRISTOPHER P.
PERZAN
Assistant
Attorney
General
Environmental Bureau
188
W.
Randolph
St.
-
20th
Fl.
Chicago,
IL
60601
(312)
814-3532
ROSEMARIE
Environmental
Bureau
Assistant
Attorney
Genera
7
CERTIFICATE OF SERVICE
I,
CHRISTOPHER
P.
PERZAN,
an
Assistant
Attorney
General,
certify
that
on
the
17th
day
of
October,
2003,
I
caused
to
be
served
by
Registered
Certified
Mail,
Return
Receipt
Requested,
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.
CHRISTOPHE
P.
P
AN
I:\Forms\BdCmpntnotice.wpd