CLERK’S OFFTCE
NOV
2
62003
STATE OF IWNOIS
OFFICE
OF THE ATTORNEY GENERAL
Pollution
Control
Board
STATE OF ILLINOIS
Lisa Madigan
ATTORNEY
GENERAL
November 20,
2003
Dorothy Gunn,
Clerk
Illinois Pollution Control
Board
100 West Randolph
Street
Suite 11-500
Chicago,
Illinois
60601-3286
Re:
People v.
Passavant
Area Hospital
PCB
No.
03-1 83
Dear Clerk Gunn:
Enclosed for filing please find the original
and ten copies of a
NOTICE OF
FILING,
COMPLAINANT’S MOTION TO FILE SECOND SUPPLEMENTAL
AND AMENDED
COMPLAINT and
SECOND
SUPPLEMENTAL AND AMENDED COMPLAINT
in
regard to the
above captioned
matter.
Please file the originals
and return
a file-stamped copy to our office in
the enclosed self-addressed
stamped envelope.
Thank you for your cooperation and
consideration.
Sincerely,
~2
Sally&
Carter
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois
62706
SAC/pp
Enclosures
500 South
Second Street,
Springfield, Illinois
62706
•
(217)
782-1090
•
TTY:
(217)
785-2771
•
Fax: (217)
782-7046
100
\Vest
Randolph Street, Chicago,
Illinois
60601
•
(312)
814-3000
•
T1’Y: (312)
814-3374
•
Fax:
(312) 814-3806
1001 East
Main, Carbondale,
Illinois
62901
•
(618) 529-6400
•
T’FY:
(618) 529-6403
•
Fax: (618)
529-6416
Jt-&ECEIVED
C!
FRK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
NOV
2
62003
PEOPLE OF THE STATE OF
ILLINOIS,
)
STATE
OF
IWNOIS
ex rel.
LISA
MADIGAN, Attorney General
)
Pollution
Control
Board
of the State of Illinois,
)
)
Complainant,
)
-vs-
)
No.
03-183
PASSAVANT AREA HOSPITAL,
an
)
Illinois not-for-profit corporation,
)
)
Respondent.
NOTICE
OF
FILING
To:
Babette
P.
Salus
Schwing
& Salus,
P.C.
1100 South
Fifth Street
Springfield, IL
62703
PLEASE TAKE
NOTICE that on this
date
I
mailed for filing with
the Clerk of the Pollution
Control
Board
of
the
State
of
Illinois,
COMPLAINANT’S
MOTION
TO
FILE
SECOND
SUFPLEMENTALANDAMENDED COMPLAINT and SECOND SUPPLEMENTAL AND AMENDED
COMPLAINT,
copies of which are attached
hereto and herewith
served
upon you.
Respectfully submitted,
PEOPLE OF THE
STATE
OF ILLINOIS,
ex rel. LISA MAD IGAN
Attorney General
of the
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:_______________
SALL’A’ A.
CARTER
Assistant Attorney General
Environmental Bureau
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
November 21, 2003
CERTIFICATE
OF SERVICE
I hereby certify that
I
did
on November 21, 2003,
send
by
First
Class 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,
COMPLAINANT’S
MOTION TO
FILE
SECOND
SUPPLEMENTAL AND
AMENDED COMPLAINT and
SECOND SUPPLEMENTAL
AND AMENDED
COMPLAINT:
To:
Babette
P.
Salus
Schwing
&
Salus, P.C.
1100
South Fifth
Street
Springfield,
IL
62703
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
State
of Illinois
Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois 60601
A copy was
also sent by First Class
Mail with
postage thereon fully prepaid
To:
Carol Sudman
Hearing
Officer
Illinois
Pollution Control
Board
1021
North
Grand
Avenue East
P.O.
Box 19276
Springfield,
Illinois 62794-9276
S~lly
A. ~rter
Assistant Attorney General
This filing is submitted
on
recycled paper.
I~ECE~vED
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
CLF.RK’S OFFICE
NOV
2
62003
PEOPLE OF THE STATE OF ILLINOIS,
)
)
STATE
OF ILLINOIS
Complainant,
)
Pollution
Control Board
Vs.
)
No.
3-183
)
(Enforcement)
PASSAVANT AREA HOSPITAL,
an
)
Illinois
not-for-profit corporation,
)
Respondent.
COMPLAINANT’S MOTION
TO
FILE SECOND
SUPPLEMENTAL AND AMENDED
COMPLAINT
Complainant,
PEOPLE OF THE
STATE OF
ILLINOIS,
by
LISA MADIGAN,
Attorney
General of the State of Illinois, filed a three-count Complaint against the Respondent,
PASSAVANT AREA HOSPITAL, on April
8, 2003
and
a five-count First Supplemental and
Amended
Complaint against the Respondent on August 15,
2003.
The People respectfully
move,
pursuant to
Section 103.206(d)
of the
Board’s Procedural
Rules,
35
III. Adm.
Code
103.206(d), for leave
to file the attached
Second Supplemental and Amended
Complaint
in
order to
include violations that have
occurred subsequent
to the filing of the
First Supplemental
and Amended
Complaint.
Subsequent to the filing of the First Supplemental
and Amended Complaint, the
Complainant was informed
of the violations
now pleaded within Count VI.
In the interests
of
administrative efficiency,
the inclusion of these additional violations within the pending
enforcement proceeding is necessary. The additional
claims arise
out of the occurrences that
are the subject of the proceeding,
thereby satisfying the requirement of Section
1 03.206(e)(1)
of the Board’s Procedural
Rules.
The claims are brought upon the Attorney General’s own
motion
and
at the request of the Illinois
Environmental Protection
Agency.
The Respondent has
1
waived
the requirements of Section 31
of the Act, 415
ILCS 5/31
(2002),
regarding the
allegations within Count VI.
Pursuant to Section
103.204(f) of the Board’s Procedural Rules,
the Respondent is
hereby notified:
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.
WHEREFORE, Complainant
respectfully asks that this Motion to
File Second
Supplemental and
Amended Complaint
be granted and
that the Complainant
be allowed to
enforce the additional
allegations
in this pending matter.
Respectfully submitted,
PEOPLE
OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental
Enforcement Division
BY:
/1~J4
~.
~
SALLY A. ~ARTER
Environmental Bureau
Assistant Attorney General
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
November 20, 2003
2
RECEIVED
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
CLERKS OFFICE
NOV
2
62003
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF
IWNOIS
Complainant,
)
Pollution Control
Board
VS.
)
PCB No. 03-183
)
(Enforcement)
PASSAVANTAREAHOSPITAL,
)
an Illinois not-for-profit corporation,
)
Respondent.
SECOND SUPPLEMENTAL AND AMENDED COMPLAINT
Complainant,
PEOPLE
OF THE
STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains
of Respondent,
PASSAVANT AREA HOSPITAL,
an
Illinois
not-for-profit corporation, as follows:
COUNT
I
AIR POLLUTION and
PERMIT VIOLATIONS
1.
This Complaint is brought by the People of the State of Illinois,
by
Lisa Madigan,
the Attorney General
of the State of Illinois,
on
her own motion
and
at the request of the
Illinois
Environmental Protection Agency (“Illinois EPA”), pursuant to
Section
31
of the Illinois
Environmental Protection
Act (“Act”), 415
ILCS 5/31
(2002).
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.
3.
The Respondent,
PASSAVANT AREA HOSPITAL,
(hereinafter, “Passavant
Hospital”), is and was at
all times relevant
to this Complaint,
an
Illinois not-for-profit
corporation
in
good standing
and
authorized
to do
business
in the State of Illinois.
1
4.
The Respondent operates a medium hospital medical/infectious waste incinerator
(hereinafter “HMIWI”)
at its hospital, which is located at
1600 West Walnut Street, Jacksonville,
Morgan County,
Illinois.
5.
Section
9(a)
of the Act, 415
ILCS 5/9 (a)(2002),
provides:
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;
6.
Section 39.5
(6)(a) of the Act, 415 ILCS 5/39.5(6)(a) provides,
in pertinent part:
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.
7.
Section
201.141
of the
Illinois
Pollution Control
Board’s Air Pollution
Regulations,
35
III. Adm.
Code 204.141, provides:
No person shall cause or threaten
or allow the discharge or emission
of
any contaminant
into the environment
in
any State so as,
either alone or
in combination with
contaminants from other sources, to cause
or tend
to
cause
air pollution
in
Illinois, or so as
to violate the provisions
of this
Chapter,
or so as to prevent the attainment or maintenance of any
applicable
ambient air quality standard.
8.
Section 229.102 of the Illinois Pollution Control
Board’s Air Pollution Regulations,
35
III. Adm.
Code 229.102, provides:
“Hospital” means
any facility that has an organized
medical staff,
maintaining at lest 6 inpatient beds and
where the primary function of the
facility is to
provide diagnostic and
therapeutic patient services and
continuous nursing
care
primarily to human inpatients who are not
related
and
who stay on average in
excess of 24
hours
per admission.
This
definition
does not include facilities
maintained for the sole purpose of
providing nursing
or convalescent care to
human patients who generally
are
not acutely ill but who require
continuing medical supervision.
2
“Hospital/medical/infectious waste incinerator” or “H M IWI” means any
device that combusts any amount of hospital waste or medical/infectious
waste.
“Hospital waste” means discards generated at a hospital, except unused
items returned to the manufacturer.
The definition of hospital waste
does
not include human corpses,
remains,
or anatomical
parts that are
intended for interment or cremation.
“HMIWI operator” means any person who
operates, controls,
or
supervises the day-to-day operation
of an HMIWI.
“Medical/infectious waste”
means any waste generated
in the diagnosis,
treatment, or immunization of human beings
or animals,
in
research
pertaining thereto, or in the production or testing
of biologicals.
The
definition of medical/infectious waste does
not include
hazardous waste
identified or
listed
under the regulations
in 40 CFR 261;
household
waste,
as defined
in
40 CFR 261 .4(b)(1); and domestic sewage
materials
identified
in 40
CFR 261 .4(a)(1).
“Medium HMIWI” means:
An
HMIWI whose maximum design waste
burning
capacity is
more than
200
lbs
per hour but less
than or equal to 500 lbs per
hour;
or
A continuous or intermittent HMIWI whose maximum charge
rate,
as
set by permit, is more than
200 lbs per hour but less
than or
qual to
500
lbs per hour;
or
A batch
HMIWI whose maximum charge rate,
as set by permit,
is
more than
1,600 lbs
per day
but less than or equal to 4,000 lbs
per day.
9.
Section 229.125
(b) of the Illinois
Pollution Control
Board’s Air Pollution
Regulations,
35
III.
Adm.
Code 229.125 (b),
provides,
in pertinent part:
Section 229.125(b)
Emission Limitations for Small,
Medium
and
Large HMIWIs
b) The emission
limits for..
.
medium.
..
HMIWIs are as
follows:
3
Pollutant
Units
Limits
Particulate Matter (PM)
milligrams per dry standard
cubic foot
(grains per dscf)
69
(0.03)
Dioxins/furans
nanograms per dry standard
cubic meter (grains per
billion dscf) or nanograms
per dscm TEQ (grains per
billion dscf)
125 (55)
or 23
(1.0)
Hydrogen
Chloride (HCI)
parts
per million by volume
100
Cadmium
(Cd)
mg per dscm
(grains per
thousand dscf)
0.16
(0.07)
10.
On June
18,
2001, the
Illinois EPA,
pursuant to the Clean Air Act Permit
Program
(“CAAPP”),
issued Permit No. 00090039 to
Respondent to operate the HMIWI.
The
HMIWI is limited
to
a waste charge-rate of 240
pounds per hour by
the CAAPP
permit.
By
being
limited to 240
pounds per hour, the incineration
is considered
a medium
HMIWI per the
Part 229
HMIWI regulations.
11.
Section 7.1.8 of CAAPP Permit No. 00090039 contained the following
conditions,
in
pertinent part:
In addition
to Condition 5.2.2 and the source wide emission
limitations in
Condition
5.5.1, the affected
medium HMIWI is subject
to the following
emission
limits,
as established
in 35
IAC
229.125(b):
Pollutant
Units
(7
oxygen,
dry basis)
Emissions Limits
for Medium
HMIWI
PM
mg per dscm
(grains per
dscf)
69
(0.03)
Dioxins/Furans
nanograms
per dscm,
total
dioxins/furans
(grains per
billion dscf),
or nanograms
per dscm TEQ (grains per
billion dscf)
125 (55) or 2.3 (1.0)
4
FIcI
ppmv
100
Cd
mg per dscm
(grains
thousand
dscf)
per
0.16
(0.07)
12.
On
or about September 25 and
26,
2001,
Passavant
conducted its annual
performance test.
Emissions were measured
at the following
levels for the following pollutants:
Pollutant
Measured
level (Limit)
Particulate Matter (mg/dscm)
82.78
(69)
Dioxins/furans
(ng/dscm)
961.72
(125)
Hydrogen
Chloride
170.7
(100)
13.
On
or about November13 and
14,2001,
Passavant retested the incinerator.
Emissions were
measured at the following
levels for the following pollutants:
Pollutant
Measured
Level
(Limit)
Dioxins/furans (ng/dscm)
177.6
(125)
Cadmium
(mg/dscm)
0.561
(0.16)
Hydrogen
Chloride (ppmv)
282.2 (100)
14.
Given
the elevated
dioxin/furan
results from the September test, on
November
15,
2001, the
Illinois
EPA sought a voluntary shutdown of the incinerator
pending the results of
the November test.
On
November
15,
2001,
Passavant faxed the Illinois
EPA a letter agreeing
to voluntarily shut down the incinerator pending
the results of the November compliance test.
The incinerator actually ceased operation on
November 20, 2001.
15.
By exceeding the emissions limits set forth
in 35
Ill.
Adm.
Code 229.125 (b),
Respondent violated Section
9(a) of the Act, 415 ILCS 5/9(a) (2002),
and 35
III. Adm.
Code
229.125(b).
16.
By exceeding the emissions
limits set forth
in Section
7.1.8 of CAAPP
Permit No.
00090039, Respondent violated Section
39.5
(6)(a) of the Act, 415
ILCS 39.5(6)(a) (2002).
5
17.
By causing, threatening or allowing the discharge or emission of any
contaminant into
the environment
in the State,
the Respondent has violated Section
9(a) of the
Act, 415
ILCS 5/9(a) (2002) and
Section 201.141
of the
Illinois
Pollution Control
Board’s Air
Pollution
Regulations,
35
III.
Adm.
Code 201.141.
PRAYER
FOR
RELIEF
WHEREFORE,
Complainant, the PEOPLE OF THE
STATE OF ILLINOIS,
respectfully
request that the
Board
enter an order against the Respondent,
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
regulations as alleged herein;
C.
Ordering Respondent to
cease and desist from
any further violations of the Act
and
associated
regulations;
D.
Assessing against Respondent a civil penalty of fifty thousand
dollars ($50,000)
for each violation of the Act;
E.
Awarding
to Complainant
its costs and reasonable
attorney’s fees;
and
F.
Granting such
other relief as
the
Board
may deem
appropriate.
COUNT II
OPERATING VIOLATIONS
1-8.
Plaintiff re-alleges
and incorporates
by reference herein paragraphs
1
through
6,
8 and
10 of
Count
I
as paragraphs
1
through 8 of this Count
II.
9.
On June
18,
2001,
the Illinois
EPA issued CAAPP Permit No. 00090039 to
Respondent to operate a medium HMIWI.
10.
CAAPP Permit No.
00090039 contained the following
conditions,
in pertinent
part:
6
a.
Section
7.1.6 (a) of the permit
provides:
No HMIWI shall be operated
unless a trained and qualified HMIWI
operator,
as specified
in 35
IAC Part 229,
is available on-site to
operate or supervise the operation
of the HMIWI.
b.
Section
7.1.9
(g) of the permit
provides:
Following the date on
which the initial performance test is
completed, as required
by
35 IAC 229.142, the Permittee shall
conduct
an
annual opacity test by September 15 of each year.
c.
Section
7.1.9 (i) of the permit provides:
Following the date on which the
initial
performance test is
completed,
as
required
by this permit and 35
IAC 229.142,
the
Permittee shall conduct an
annual
performance test,
by
September 15
of each year to determine compliance with
the
PM,
HCI,
Cd,
CO
and dioxins/furans emission
limits specified
in
35 IAC
229.125 (b),
using the applicable test procedures
and
methods
specified
in 35
IAC 229.140.
This condition
is more stringent
and
supercedes sic
35
IAC 229.148, because the affected
HMIWI
is
not equipped with
any type of control
device and an
annual re-
testing
is the most accurate and
reliable tool for demonstration of
compliance with
emissions standards established in
35 IAC
229.
d.
Section 7.1.10(a)
of the permit
provides:
Once the initial
performance test
required by
this permit and 35
IAC 229.142 has
been
performed, and the site-specific minimum
and
maximum operating
parameter values have
been established,
the owner or operator of the affected large
HMIWI shall
continuously monitor these
parameters.
e.
Section
7.1.10
(d) of the permit
provides:
The Permittee shall monitor emissions of
CO by
utilizing
Continuous Emission Monitoring
System
(CEMS).
11.
Section
229.146
of the
Illinois
Pollution Control Board’s Air
Pollution
Regulations, 35
III. Adm.
Code 229.146,
provides,
in
pertinent part:
Following the date on which the initial performance test is completed,
as
required
by Section
229.142 of this Section,
the owners or operators of
all
HMIWIs shall conduct an annual opacity test, in
accordance with
Section
229.140 of this Part, by September 15
of each year.
7
12.
Section
229.148 of the
Illinois Pollution
Control
Board’s Air Pollution Regulations,
35
III. Adm.
Code 229.148, provides,
in pertinent
part:
Following the date
on which the initial performance test is completed,
as
required by
Section 229.142
of this Part,
all owners or operators of small,
medium or large HMIWIs shall conduct an annual
performance test,
by
September
15 of each year to
determine compliance with the
PM, CO
and HCI emission limits
specified in
Section
229.125 (b) of this Part,
using the applicable test procedures and methods
specified
in Section
229.
140 of this Part.
13.
Section
229.152 (a) of the Illinois Pollution
Control
Board’s Air Pollution
Regulations,
35
III.
Adm.
Code 229.152 (a) provides,
in
pertinent part:
The owner or operator of an HMIWI may use a CEMS to demonstrate
compliance with
any of the emission limits under Section
229.125(b)
of
this Part, if provided
for
in its permit. Any HMIWI that is allowed to
use a
CEMS to
demonstrate compliance with the emission
limits of this
Part
shall:
a) Determine compliance with
the applicable emission
limits using
a 12-hour rolling
average, calculated each
hour as the average of
the previous
12 operating
hours,
not including startup, shutdown,
or malfunction.
***
14.
Section
229.166(a) of the Illinois
Pollution Control
Board’s Air Pollution
Regulations,
35
III.
Adm.
Code 229.166(a),
provides,
in pertinent
part:
Once the initial performance test required
by
Section 229.142 of this
Part
has
been performed,
and the site-specific minimum and maximum
operating
parameter values
have been established, the owner or operator
of a small, medium or large
HMIWI shall continuously monitor those
parameters.
15.
Section
229.170 (a) of the
Illinois Pollution
Control
Board’s Air Pollution
Regulations,
35
III.
Adm.
Code 229.170(a), provides:
No
HMIWI shall
be operated
unless
a trained and qualified
HMIWI
operator, as
specified
in this Section,
is available
on-site to
operate or
supervise the operation
of the HMIWI.
8
16.
On
September 5,2001,
the Illinois EPA inspected the HMIWI operated
by
Respondent.
17.
On
September 5,
2001, the Illinois
EPA observed that the employees of
Respondent who operated the HMIWI were not certified to do so.
18.
The Respondent failed to
complete an
annual
opacity test by September
15,
2001,
and
September 15,
2002.
19.
The Respondent failed to complete an
annual performance test of Particulate
Matter
(PM),
Hydrogen
Chloride (HCI), Cadmium (Cd),
Carbon Monoxide
(CO) and
dioxins/furans
emission limits by September 15,
2001, and
September 15,
2002.
20.
The Respondent failed to
continuously monitor and
record CO
concentration
since the initial performance test conducted September 25 and 26, 2001.
21.
On
September 5, 2001,
the Illinois EPA observed that Respondent was
not
determining
12-hour rolling
averages
of CO emitted from its HMIWI.
22.
By failing to
operate
its HMIWI with
certified
operators,
Respondent violated
Section
7.1.6 (a) of
its CAAPP permit, Sections 9(a)
and 39.5(6)(a)
of the Act, 415
ILCS 5/9 (a)
and
39.5
(6)(a) (2002),
and Section
229.170 (a)
of the Illinois Pollution
Control
Board’s
regulations,
35
III. Adm.
Code 229.170(a).
23.
By failing to
complete an annual
opacity test
by September 15,
2001, and
September 15, 2002,
Respondent violated
Section 7.1.9 (g) of its
CAAPP permit, Sections 9(a)
and
39.5(6)(a) of the Act, 415
ILCS 5/9
(a) and 39.5
(6)(a) (2002),
and
Section
229.146 of the
Illinois Pollution
Control
Board’s regulations,
35
Ill. Adm.
Code 229.146.
24.
By failing to complete an annual
performance test measuring
the emissions
of
PM,
HCI,
Cd,
CO and
dioxins/furans emission
limits
by September
15,
2001,
Respondent
9
violated Section
7.1.9 (i) of its
CAAPP permit, Sections
9(a) and 39.5(6)(a)
of the Act, 415 ILCS
519
(a) and
39.5 (6)(a)
(2002).
25.
By failing
to complete an
annual performance test measuring
the emissions of
PM,
CO and
HCI emission
limits, by September 15, 2001,
Respondent violated Section 229.148
of the Illinois Pollution
Control
Board’s regulations,
35
III. Adm.
Code 229.148 and
Sections 9(a)
and
39.5(6)(a) of the Act, 415 ILCS 5/9(a)
and
39.5(6)(a)
(2002).
26.
By failing to
conduct continuous monitoring
and recording
of CO
concentration
since the initial
performance test conducted
September 25 and
26, 2001,
Respondent violated
Section 7.1.10
(a) and
(d) of its
CAAPP permit, Sections 9(a)
and
39.5(6)(a) of the Act, 415
ILCS 5/9
(a) and
39.5 (6)(a)(2002),
and
Section 229.166 of the Illinois
Pollution
Control Board’s
regulations,
35
III. Adm.
Code 229.166.
27.
By failing to
monitor
12-hour rolling
averages
of CO emitted from its
HMIWI,
Respondent violated
Sections 9(a)
and
39.5(6)(a) of the Act, 415
ILCS 5/9(a) and
39.5
(6)(a)
(2002),
and
Section 229.152(a) of the Illinois Pollution
Control
Board’s regulations,
35111. Adm.
Code 229.152(a).
PRAYER
FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS,
respectfully
request that the Board enter an order against the Respondent,
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
regulations as alleged
herein;
C.
Ordering Respondent to
cease and desist from any further violations
of the Act
and
associated
regulations;
10
D.
Assessing against Respondent a civil penalty of fifty thousand
dollars ($50,000)
for each violation of the Act;
E.
Awarding
to
Complainant its costs and
reasonable
attorney’s fees;
and
F.
Granting
such other relief as the Board
may deem
appropriate.
COUNT
III
RECORD-KEEPING
VIOLATIONS
1-8.
Plaintiff re-alleges and
incorporates
by reference herein paragraphs
I
through 6,
8 and
10 of Count
I as paragraphs
1
through 8 of this Count
III.
9.
On June
18,
2001,
the Illinois
EPA issued CAAPP Permit No.
00090039 to
Respondent to
operate a
medium HMIWI.
10.
CAAPP Permit No. 00090039 contained
the following conditions,
in pertinent
part:
a.
Section
5.6.1
of the permit provided:
The Permittee shall
maintain records of the following items for the
source to demonstrate compliance with
Condition 5.5.1,
pursuant
to
Section
39.5
(7)(b) of the Act:
Total annual emissions on
a calendar year basis for
the
emission units covered by Section
7
(Unit Specific
Conditions) of this permit.
b.
Section
5.6.2(a) of the permit provided:
All
records
and
logs required by
this permit shall be retained
for at
least five years form the date
of entry (unless
a longer retention
period
is specified
by
the particular record
keeping provision
herein), shall be kept at
a location
at the source that is readily
accessible
to the Illinois
EPA or USEPA,
and
shall be made
available for
inspection and
copying by
the Illinois EPA or USEPA
upon
request.
c.
Section
7.1.10(d)(iv) of the permit provided:
The Permittee shall monitor emissions of CO
by utilizing
Continuous Emission Monitoring
System (CEMS). The CEMS
11
shall meet the applicable Performance Specification 4 (PS4) of 40
CFR 60, Appendix
B.
To verify the accuracy
of the
CO
monitor
readings, the Permittee shall perform daily calibration checks by
using known calibration gases as
described
below.
***
iv.
The Permittee shall maintain
records of the daily CO
monitor checks. These records
shall
be available for
inspection
by the Illinois
EPA.
d.
Section
7.1.11 (a)(iii) of the permit
provided:
In
addition
to
the records
required
by Condition
5.6,
the Permittee
shall maintain
records
of the following items for the affected
HMIWI to demonstrate compliance with
Condition 5.5.1
and
Section 7 of this permit,
pursuant to
Section
39.5(7)(b) of the Act:
a.
The Permittee shall maintain records of the following
information:
iii.
Identification
of any calendar days for which data
on emission
rates or operating
parameters
specified
under Condition 7.1.5
have not been
obtained, with an identification of the emission
rates or operating
parameters not measured,
reasons for not obtaining data,
and
a description of
the corrective actions taken;
e.
Section
7.1.11
(b) of the permit provided:
In addition
to the records required by Condition 5.6, the
Permittee
shall maintain records of the following items for the affected
HMIWI
to demonstrate compliance with
Condition
5.5.1
and
Section
7 of this permit, pursuant to
Section
39.5
(7)(b) of the Act:
***
(b) Monthly and
annual
emissions of pollutants
based
upon results of
initial and subsequent performance tests
(lb/mo and
Ib/yr).
11.
Sections
229.182 (a)(3),
(a)(7)
and
(g) of the Illinois Pollution Control
Board’s Air
Pollution
Regulations,
35
III. Adm. Code 229.182(a)(3),
(a)(7) and
(g),
provides:
a)
The owner or operator of an HMIWI subject
to
the emission limits
under Subpart
E of this Part shall maintain
records
of the following
information:
12
3)
Identification of any calendar days for which data
on emission
rates or operating
parameters
specified
under subsection (a)(2) of this Section
have not been obtained, with an
identification of the
emission
rates or operating
parameters not
measured,
reasons for not obtaining
data, and
a
description of the corrective
actions taken;
***
7)
Records of calibration of any monitoring
devices
as
required
under Sections 229.166(b)(1),
(2) and
(3) and
229.168(a)
and (b) of this Part; and
***
g)
All
records
required to be maintained pursuant to this Section
shall be made
available to the Agency upon
request.
12.
On September 5,
2001,
the Illinois
EPA conducted
an
inspection of the
Respondent’s facility. On
that date:
a.
No records reflecting total annual
emissions for the emissions unit
covered
by the permit were available.
b.
No records
reflecting monitoring of daily CO concentrations were
available.
c.
No records
of monthly and
annual emissions of pollutants
based
upon
results of initial
and subsequent performance tests were
available.
d.
No records identifying
the calendar days for which data
on
emissions rates or operating
parameters were not obtained, the
emission
rates or operating parameters not measured, reasons
for not obtaining data, and a description
of the corrective
action
taken were available.
e.
No
monitoring
equipment calibration records
were available.
13.
By failing to keep
records of total annual
emissions for the emissions unit
covered
by the permit, the Respondent violated
Sections 5.6.1
and
5.6.2(a) of its CAAPP
permit, Sections
9(a) and
39.5(6)(a) of the Act, 415
ILCS 5/9(a) and
39.5
(6)(a) (2002);
and
13
Section 229.182 (g) of the Illinois Pollution Control
Board’s regulations,
35111. Adm. Code
229.182(g).
14.
By failing to
keep records
monitoring daily CO
concentrations, the Respondent
violated Sections
5.6.2(a) and 7.1 .10 (d)(iv)
of
its
CAAPP permit, Sections
9(a) and
39.5 6(a) of
the Act, 415 ILCS
5/9(a) and 39.5
(6)(a) (2002);
and
Section 229.182 (g) of the
Illinois
Pollution
Control
Board’s regulations, 35
III. Adm.
Code 229.182(g).
15.
By failing
to keep records
of monthly and
annual emissions of pollutants
based
upon results of initial and
subsequent performance tests,
Respondent violated
conditions
5.6.2(a) and
7.1.11(b) of its CAAPP permit; Sections 9(a) and
39.5
6(a) of the Act, 415
ILCS
5/9(a) and
39.5 (6)(a)
(2002);
and
Section 229.182 (g) of the
Illinois Pollution
Control
Board’s
regulations,
35
III. Adm.
Code 229.182(g).
16.
By failing to keep records identifying
the calendar days for which
data on
emissions rates or operating parameters were
not obtained, the emission rates
or operating
parameters were
not measured, reasons for not obtaining data,
and a description of the
corrective action
taken, Respondent violated
Sections 5.6.1, 5.6.2(a) and
7.1.11 (a)(iii) of its
CAAPP permit, Sections 9(a)
and 39.5(6)(a)
of the Act, 415 ILCS 5/9(a) and
39.5(6)(a)
(2002);
and Section
229.182(a)(3) and (g) of the
Illinois Pollution
Control
Board’s regulations,
35
III.
Adm.
Code 229.182(a)(3) and
(g).
17.
By failing to keep
records
reflecting calibration of the monitoring equipment,
Respondent violated
Sections
5.6.1
and
5.6.2(a) of its
CAAPP permit, Sections 9(a)
and
39.5(6)(a) of the Act, 415
ILCS 5/9(a)
and 39.5(6)(a)
(2002);
and
Sections 229.182 (a)(7) and
(g) of the Illinois
Pollution Control
Board’s regulations,
35
III. Adm.
Code 229.182(a)(7) and (g).
14
PRAYER
FOR
RELIEF
WHEREFORE,
Complainant, the PEOPLE OF THE STATE OF ILLINOIS,
respectfully
request that the Board enter an order against the Respondent,
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 regulations
as
alleged herein;
C.
Ordering Respondent to
cease and desist from any further violations of the Act
and associated
regulations;
D.
Assessing against Respondent a civil penalty of fifty thousand
dollars
($50,000)
for each violation of the Act;
E.
Awarding to
Complainant its
costs and reasonable
attorney’s fees;
and
F.
Granting
such other relief as the
Board
may deem appropriate.
COUNT IV
ANNUAL COMPLIANCE CERTIFICATION
VIOLATIONS
1-7.
Plaintiff re-alleges and incorporates
by reference herein
paragraphs
2 through 6,
8
and
10
of Count
I
as paragraphs
1
through 7 of ths Count IV.
8.
This Count is brought by the People of the
State
of Illinois by
Lisa
Madigan, the
Attorney General
of the State of Illinois,
on her own
motion
and at the request of the
Illinois
EPA.
The Illinois
EPA
requested that Passavant waive Section 31
requirements
in a
May 7,
2003,
conference call.
By letter dated
May
14,
2003,
Passavant agreed to waive Section
31
requirements.
9.
Section 9.8 of CAAPP Permit No. 00090039 contained
the following
condition:
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
15
certifications shall be submitted
to the Air Compliance Section, Air
Regional
Field
Office, and
USEPA Region
5
-
Air Branch.
The addresses
for the submittal
of the compliance certifications are provided
in
Condition
8.6.4 of this permit.
a.
The certification shall include
the identification of each term or
condition of this permit that is the basis of the certification;
the
compliance status; whether compliance was
continuous or
intermittent;
the method(s)
used
for determining
the compliance
status
of the source,
both currently and over the reporting
period
consistent with the conditions of this permit.
b.
All
compliance certifications shall
be submitted
to
USEPA Region
5
in Chicago
as well as
to the Illinois
EPA.
c.
All
compliance reports
required to
be submitted
shall include
a
certification
in accordance
with Condition
9.9.
10.
On
May 1, 2003,
Passavant hand delivered the facility’s 2002 Annual Emission
Report
(AER) and
CAAPP annual compliance certification (“Certification”).
Pursuant to Section
9.8 of CAAPP Permit No. 00090039,
both documents were
due on
May
1,
2003.
11.
The CAAPP annual compliance certification referenced
in
paragraph
10
above
failed to:
a.
Identify each term or condition of
its
CAAPP permit that is the
basis for
its
certification;
b.
The compliance status;
c.
Whether compliance was
continuous or intermittent;
d.
The methods
used for determining the compliance status of the
source as required
by Section
39.5(7)(p)(v) of the Act, 415 ILCS
5/39.5(7)(p)(v).
In addition,
Passavant identified
only two permit conditions
in Tanks
1
and
2 of the CAAPP
annual
compliance certification.
12.
In the Certification,
Passavant certified that it was out of compliance with CAAPP
permit condition
7.1.10(a) (monitoring
requirement) which states
that once the
initial
performance test required
by its permit has been performed and
the site-specific minimum and
16
maximum operating
parameter values
have been established, the owner or operator of the
incinerator must continuously monitor these
parameters.
Passavant
indicated that its
carbon
monoxide (00) monitor was not certified
for the duration of calender year 2002.
However,
Passavant
did
not address the CAAPP permit conditions which apply specifically to
the CO
monitor,
(i.e., 7.1.10(d)).
13.
Passavant also
certified that it was out of compliance with
CAAPP permit
condition 7.1.9 which contains the incinerator testing
requirements.
Passavant indicated
that it
did
not stack test and
was in the process of installing
a scrubber
system.
Pursuant to
permit
condition 7.1.9(i), Passavant is required to successfully pass a stack
test by September15 of
each year.
The stack
test is conducted to
determine compliance with, at a minimum, particulate
matter,
hydrogen
chloride, cadmium,
carbon monoxide and dioxins/furans.
Passavant has
attempted several test burns,
some with
hospital/medical/infectious waste
and some without,
and
has never been able to successfully pass such tests.
Passavant failed
to
identify the
specific CAAPP permit conditions
applicable to
each
pollutant and/or operating
parameters,
whether the facility was in compliance with
each, what
dates
it was out of compliance,
and any
corrective
actions taken.
14.
By failing to
provide a complete and
accurate CAAPP annual compliance
certification,
Respondent violated Section
9.8 of
its
CAAPP permit and
Section 39.5(6)(a)
of the
Act, 415
ILCS 5/39.5(6)(a) (2002).
PRAYER
FOR RELIEF
WHEREFORE, Complainant, the PEOPLE
OF THE STATE
OF ILLINOIS,
respectfully
request that the Board enter an
order against the Respondent,
A.
Authorizing a
hearing
in this matter
at which time the Respondent will
be
required
to answer the allegations herein;
17
3)
Owners or operators of sources
in
ozone nonattainment
areas that have a
potential to
emit 25 tons per year or
more of either VOM or NOx
from all
emission units.
12.
Section
254.103 of the Illinois Pollution Control
Board’s Air Pollution
regulations,
35
III. Adm.
Code 254.103,
provides:
“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.
“Annual
Emissions
Report” means the information
and certifications
required
by Subparts
B and C of this Part, as applicable under Section
254.102(a) or
(b) of this Subpart, and any additional
requirements for
submission
with the Annual Emissions Report specifically imposed
by the
source’s permit.
13.
Section
254.203 of the
Illinois Pollution
Control
Board’s Air Pollution
regulations,
35
Ill. Adm.
Code 254.203,
provides:
The Annual
Emissions
Report filed
pursuant to this Subpart shall
be
limited
to
information
requested by the Agency and
required
in the
application for
permits or renewals,
including source identification
information,
emissions information, operating
data,
control device
information,
and
exhaust point information for each regulated
air pollutant
emitted at
the source.
The information
shall
be provided for an individual
emission
unit or operation
if this is also
required
in the application for
permits or renewals.
The Annual Emissions Report to be filed
pursuant
to this Subpart shall contain the following
information,
as
applicable:
a)
Source
identification information:
1)
Source
name,
physical
location and
mailing
address;
2)
SIC
code;
3)
Source
contact; and
4)
Source
contact telephone number.
19
b)
Source-wide totals of actual
emissions for all regulated air
pollutants emitted by the source.
c)
The following certification 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.
d)
Emissions information for each
emission
unit producing or
capable or producing
any regulated
air pollutant, including:
1)
Annual actual
emissions of each
regulated
air pollutant;
2)
Actual
VOM and/or NO(x) emissions for a typical
peak
ozone season
day;
3)
Startup,
shutdown and malfunction
emissions of each
regulated
air pollutant in
excess of typical emissions;
4)
Emission determination
method for each
of the actual
emission figures
reported; and
5)
Emission factors,
where applicable.
e)
Operating
data
for each
emission
unit producing or capable
of
producing any regulated
air pollutant,
including:
1)
Percent annual throughput by season;
2)
Annual
process rate;
3)
Peak ozone season daily process
rate for VOM and/or
NOx;
4)
Fuel data, such as heat content and
other fuel
characteristics;
5)
Physical characteristics of tanks,
such as height and
diameter;
6)
Tank data,
such as throughput and
material stored;
7)
Normal operating
schedule, consisting of the following:
A)
Hours
per day;
B)
Days per week;
C)
Weeks per year; and
D)
Hours peryear.
20
8)
Peak ozone season operating
schedule for emission
units
that emit VOM
or NOx,
consisting of the following:
A)
Hours per day;
B)
Days
per week
C)
Weeks per year;
and
D)
Hours
per season.
f.
Control device information, if any changes
have occurred from the
Annual
Emissions Report for the prior year,
including:
1)
Description of the control method(s);
2)
Capture efficiency
in
percent; and
3)
Current control
efficiency
in
percent for each
regulated
air
pollutant.
g.
Exhaust point parameters, if any changes
have occurred
form
the
Annual Emissions Report for the prior year, including:
1)
Height;
(2)
Diameter;
(3)
Flow rate;
and
(4)
Exit temperature.
e.
Any additional data required to be reported
as
specified
in
permit
condition(s) for the source.
14.
Section 254.204 of the Illinois Pollution
Control
Board’s Air Pollution
regulations,
35
III.
Adm.
Code 254.204,
provides:
The Annual
Emissions Report shall
be considered complete
if it contains
the information required by Section
254.203 of this Subpart for
all
regulated
air pollutants emitted
by the source to the extent that
information is
applicable to the activities, equipment or emissions of the
source during
the year for which the report
is submitted.
Information
required
by Section
254.203 of this Subpart and
provided
by the Agency
in the Source
Inventory
Report must be either verified as
accurate or
modified
by the owner or operator,
to
the extent the Source
Inventory
Report is relied
upon
by the owner or operator to compile the Annual
Emissions Report.
Information required
by Section
254.203 of this
Subpart but not provided by
the Agency must be
provided
by the owner
or operator,
unless
the information
has been
previously
provided
to the
Agency.
21
15.
Passavant is required
to
have an operating
permit in
accordance with
Section
39.5 of the Act, 415
ILCS 5/39.5.
Accordingly, pursuant to 35
III.
Adm. Code 254.102, Subpart
B of the Annual
Emissions Report regulations are applicable
to Passavant.
16.
In the Annual
Emission Report (“AER”), Passavant
reported the total operating
hours
during
2002 for the incinerator as
104.5 hours.
17.
In
November 2002,
Passavant tested for 4
hours
burning
hospital/medical!
infectious waste without a properly functioning
control
device.
However,
Passavant failed to
report hydrogen
chloride,
mercury, and
dioxin/furan emissions.
18.
In addition, the incinerator operated
100.5 additional
hours, according
to
Passavant, without a proper functioning
control device.
19.
The Illinois
EPA has
repeatedly
requested
all information generated
during any
and
all testing.
However, Passavant
has never provided the results and/or data generated
during the testing.
20.
Due
to
the limited operation, Passavant reported minuscule amounts
of carbon
monoxide,
nitrogen oxides,
particulate
matter
and
sulfur dioxide.
Passavant
reported
no
emissions of hydrogen
chloride,
mercury, or dioxin/furans.
Due
to the incinerator’s reported
hours
of operation
and the failure of the control device to
effectively control
stack emissions,
Passavant has
underestimated emissions from the incinerator.
21.
By failing to provide a complete and
accurate AER, the Respondent violated
Section 9.7 of CAAP permit No.
00090039,
35
III. Adm.
Code 254.203 and
254.204;
and
Section
9(a) and
39.5(6)(a) of the Act, 415
ILCS 5/9(a) and
39.5(6)(a) (2002).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE
OF THE STATE
OF ILLINOIS,
respectfully
request that the Board
enter an
order against the Respondent,
22
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
regulations as
alleged
herein;
C.
Ordering Respondent to cease and desist from any further violations
of the Act
and
associated
regulations;
D.
Assessing against Respondent a civil penalty of fifty thousand
dollars ($50,000)
for each violation
of the Act;
E.
Awarding to
Complainant its costs
and
reasonable attorney’s fees;
and
F.
Granting such
other relief as
the Board
may deem appropriate.
COUNT VI
CONSTRUCTION
PERMIT VIOLATIONS
1-5.
Plaintiff realleges and incorporates
by reference herein paragraphs 2 through 4
and
8 and
10 of Count
I
as paragraphs I
through
5 of this Count VI.
6.
This Count is brought by the
People
of the State of
Illinois by Lisa
Madigan, the
Attorney General of the State of Illinois,
on
her own
motion and
at the request of the
Illinois
EPA.
The Illinois
EPA requested that Passavant waive the procedural requirements of Section
31
of the Act.
By letter dated October 27, 2003,
Passavant agreed
to waive the Section 31
requirements.
7.
Section
9(b) of the Act, 415
ILCS 5/9(b)
(2002) provides:
No person shall:
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.ãny conditions imposed
by such
permit;
23
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the B
ard~sAtri~ItIThon
regu1ati~ris,
35 ~
201 ~42, provid~
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No p rsonshall-causeoralIow-the-eons±ructjcsj-ot~ny
new...
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e
issLon-~ürc~a~
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causèãr aIkiw thë rrfodification otan~’.exis1ing
emissiQasQurce~ot--
-
air pollution control
equipment, withoutfirst obtaining
a
construction
permit from the Agency, except as
provided
in
-
-
Section
201.146.
9.
On
March
8,
2002, the
Illinois
EPA issued Passavant a construction permit to
install a scrubbing
system
to control emissions from the HMIWI.
10.
On September 12, 2003,
the
Illinois
EPA and
the Illinois Attorney General’s
Office
participated
in
a telephone conference with
Passavant
to
discuss the operational
status
of the scrubber used
to control emissions from the HMIWI.
In addition, the parties discussed
the performance
testing necessary to demonstrate compliance with the Act and the HMIWI
regulations.
11.
During the September 2003
call,
Passavant discussed many modifications to the
control device not contemplated
in the construction permit.
In
the September 2003 telephone
conference and
in a subsequent October 2003 submittal to
the Illinois
EPA,
Passavant admitted
that the modifications included the installation of a larger scrubber and
a larger blower.
In
particular,
a 5,000 CFM wet scrubber was installed on
June
1, 2001.
By July
1,
2002,
Passavant determined that the 5,000
CFM wet scrubber was too small and on
October 15,
2002,
Passavant installed a
8,000 CFM wet scrubber.
Passavant subsequently
determined that
more
air flow was required to
the incinerator and on
February
1,
2003,
a
10,000 CFM blower
and motor was installed.
Thereafter,
Passavant deemed further air flow to the incinerator
necessary and
on April
1, 2003,
a 35
horse power motor was
installed.
In addition,
a
transducer was
added to control the pressure in the combustion chamber of the incinerator on
24
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~
. ~.
..
-
.
.
--
~—~-
December 1,2002
Finallyc the pr~
probe Ioc~on
wa~sThove~d
to prov~deb~~Hcônf~I~
June 30, 2003.
-.
-
-
.~
-
—
..--
12.
-
In
the September 2003,
telephone conferenc~
and
in the subsequent October
2003 submittal
to the
Illinois EPA,
Passavant also
proposed installing and testing three different
filter systems.
-
13.
The modifications and
proposed
modifications require
a construction permit
issued by the Illinois
EPA.
14.
On September
18, 2003,
Passavant submitted
a construction permit application
addressing the prior modifications and
proposed
modifications.
The
Illinois EPA is currently
processing the construction permit application.
15.
By installing
and
modifying
an air pollution control
device without obtaining
a
construction
permit, the Respondent violated Section
9(b) of the Act, 415
ILCS 5/9(b) (2002)
and
35
III. Adm.
Code 201.142.
PRAYER
FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE
STATE OF ILLINOIS,
respectfully
request that the
Board enter an
order against the Respondent,
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 regulations as
alleged
herein;
C.
Ordering Respondent to cease
and desist from any further violations of the Act
and
associated regulations;
D.
Assessing against Respondent a civil penalty of fifty thousand
dollars ($50,000)
for each
violation of the Act;
E.
Awarding to
Complainant its costs
and
reasonable attorney’s fees; and
25
F.
Granting
such other relief as
the
Board
may deem
appropriate.
PEOPLE OF THE STATE
OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois,
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:___________________
THOMAS
DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
Of Counsel
SALLY A.
CARTER
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
26
