_REc~1V~.D.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S OFFtCE
PEOPLE OF THE STATE OF ILLINOIS, )
DEC 3 O2O~3
by LISA MADIGAN, Attorney
General of the State of Illinois )
.
STATE
OF
ILLINOIS
Pollution Control ~oard
Complainant,
v.
)
No. PCB 03-51
DRAW DRA.PE CLEANERS, INC., an
Illinois corporation, AMERICAN
DRAPERY CLEANERS & FLANEPROOFERS,
INC., an Illinois corporation, and
RICHARD ZELL, an Illinois resident,)
Respondents.
NOTICE OF FILING
TO: See Attached Service List
PLEASE TAKE NOTICE that on December 30, 2003, the People of
the State of Illinois filed with the Illinois Pollution Control
Board an AMENDED COMPLAINT FOR CIVIL PENALTIES, true and correct
copies of which are attached and hereby served upon you.
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
Date: December 30, 2003
THIS FILING IS SUBMITTED ON RECYCLED PAPER
SERVICE LIST
Mr. Bradley Halloran, Esq.
Illinois Pollution Control Board
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
Ms. Maureen Wozniak, Esq.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
springfield, Illinois 62702
Ms. Michele Rocawich, Esq.
weissberg and Associates, Ltd.
401 S. LaSalle Street, Suite 403
Chicago, Illinois 60605
Mr. Richard Zell
president, Draw Drape Cleaners
Vice President and Secretary,
American Drapery Cleaners and Flameproofers Inc.
2235 West Roscoe
Chicago, Illinois 60618
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S OFFre’F
PEOPLE OF THE STATE OF ILLINOIS, )
DEC 3 02003
by LISA
MADIGAN,
Attorney
General of the State of Illinois )
STATE OFILuNOIS
Pollutj0,~Contro/ Board
Complainant,
V.
)
No. PCB 03-51
DRA.W DRAPE CLEANERS, INC., an
Illinois corporation, AMERICAN
DRAPERY CLEANERS &
FL.ANEPROOFERS,
INC., an Illinois
corporation,
and
RICHARD ZELL, an Illinois resi~ent,)
Respondents.
AMENDED COMPLAINT FOR CIVIL PENALTIES
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, complains of
Respondents, DRAW DRAPE CLEANERS, INC., AMERICAN DRAPERY CLEANERS
& FLANEPROOFERS, INC., and RICHARD ZELL as follows:
COUNT I
AIR POLLUTION
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. Specifically, this Complaint is brought against
Respondent DRAW DRAPE CLEANERS, INC. (“DDCI”) pursuant to Section
1
31 of the Act, 415 ILCS 5/31 (2002)
.
This Complaint is brought
against Respondents AMERICAN DRAPERY CLEANERS &
.
FLAMEPP.OOFERS,
INC. (“ADC&FI”) and RICHARD ZELL by the Attorney General on her
own motion.
3. 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.
4.
At all times relevant to this Complaint, Respondent
DDCI was and is an Illinois corporation duly organized and
existing under the laws of the State of Illinois and is in good
standing.
5. At all times relevant to this Complaint, Respondent
.ADC&FI was and is an Illinois corporation duly organized and
existing under the laws of the State of Illinois and is in good
standing.
6. At all times relevant to this Complaint, Respondent
RICHARD ZELL was and is a resident of the State of Illinois.
7. Respondents operate a facility located at 2235-2239
West Roscoe Street, Chicago, Cook County, Illinois, 60618
(“facility”)
8. Respondents operate a petroleum solvent dry cleaning
operation at the facility to clean drapes..
9. Respondent RICHARD ZELL is the operator and manager of
2
both DDCI and ACDAFI. RICHARD ZELL is responsible for the day-
to-day operations of both DDCI and ACDAFI. RICHARD ZELL is the
registered agent for DDCI and the corporate secretary for ACDAFI.
10. Respondents installed Dryer #1 at its facility in 1980
and continue to operate Dryer #1. Dryer #1 is a petroleum
solvent dryer, but it is not a solvent recovery dryer. Dryer ~1
lacks a cartridge filter.
11. Respondents installed Dryer #2 at the facility in~1996
and continue to operate Dryer #2. Dryer #2 is a petroleum
solvent dryer, but it is not a solvent recovery dryer. Dryer *2
lacks a cartridge filter.
12. Both Dryer #1 and Dryer #2 emit volatile organic
material (“VOM”) to the environment.
13. 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 company, trust,
estate, political subdivision, state
agency, or any other legal entity, or
their legal representative, agent or
assigns.
14. Each Respondent is a “person” as the term is defined in
Section 3.315 of the Act, 415 ILCS 5/3.315 (2002)
15. Section 3.165 of the Act, 415 ILCS 5/3.165 (2002),
provides the following definition:
“Contaminant” is any solid, liquid, or
3
gaseous matter, any odor, or any form of
energy, from whatever source.
16. VON is a contaminant, as that term is defined in
Section 3.165 of the Act, 415 ILCS 5/3.165 (2002).
17. Section 3.115 of the Act, 415 ILCS 5/3.115 (2002).,
provides the following definition:
“Air pollution” is the presence in the
at~nosphere 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.
18. 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, so as to
violate regulations or standards adopted by
the Board under this Act;
19. Section 201.141 of the Illinois Pollution Control Board
(“Board”) Air Pollution Regulations, 35 Ill. Adm. Code 201.141,
provides as follows:
Section 201.141 Prohibition of Air Pollution
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
4
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.
20. Respondents have emitted VOM into the atmosphere from
Dryer #1 and Dryer #2 causing air pollution in violation of the
Federally Enforceable State Operating Permit (“FESOP”), in
violation of the Act, and in violation of the Board’s
regulations.
21. Respondents, by their conduct alleged herein, violated
Section 9(a) of the Act, 415 ILCS 5/9 (a) (2002)
,
and Section
201.141 of the Board Air Pollution Regulations, 35 Ill. Adm. Code
201.141.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondents DRAW DRAPE CLEANERS, INC.,
AMERICAN DRAPERY CLEANERS & FLAMEPROOFERS, INC., and RICHARD ZELL
on Count I:
1. Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2. Finding that Respondents have violated Section 9(a) of
the Act, 415 ILCS 5/9(a) (2002), and Section 201.141 of the Board
Air pollution Regulation, 35 Ill. Adm. Code 201.141;
3. Ordering Respondents to cease and desist from further
violations of Section 9(a) of the Act, 415 ILCS 5/9(a) (2002), and
5
Section 201.141
of the Board Air Pollution Regulation, 35 Ill.
Adm. Code 201.141;
4. Assessing against Respondents a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of the Act and
pertinent Board Air Pollution Regulations, and an additional
civil penalty of Ten Thousand Dollars ($10,000.00) for each day
of violation;
5. Taxing all costs in this action pursuant to Section
42 (f) of the Act, including attorney, expert witness and
consultant fees, against Respondents; and
6. Granting such other relief as the Board deems
appropriate and just.
COUNT II
VIOLATION
OF STANDARDS FOR PETROLEUM SOLVENT DRY CLEANERS
1
-
18. Complainant realleges and incorporates by reference
herein paragraphs 1 through 18 of Count I as paragraphs 1 through
18 of this Count II.
19. Section 218.607 of the Board Air Pollution Regulations,
35 Ill. Adm. Code 218.607, provides as follows:
Standards for Petroleum Solvent Dry Cleaners
a) The owner or operator of a petroleum
solvent dry cleaning dryer shall either:
1) Limit emissions of VON to the
atmosphere to an average of 3.5
kilograms of VOM per 100 kilograms dry
weight of articles dry cleaned, or
6
2) Install and operate a solvent
recovery dryer in a manner such that the
dryer remains closed and the recovery
phase continues until a final solvent
flow rate of 50 milliliters per minute
is attained.
b) The owner or operator of a petroleum
solvent filtration system shall
either:
1) Reduce the VOM content in all
filtration wastes to 1.0 kilogram or
less per 100 kilograms dry weight of
articles dry cleaned, before disposal,
and exposure to the atmosphere, or
2) Install and operate a cartridge
filtration system, and drain the filter
cartridges in their sealed housings for
8 hours or more before their removal.
20. For both Dryer #1 and Dryer #2, Respondents have failed
to limit VON emissions to the atmosphere to an average of 3.5
kilograms of VOM per 100 kilograms dry weight articles cleaned.
21. Neither Dryer #1 nor Dryer #2 are solvent recovery
dryers.
22. For both Dryer #1 and Dryer #2, Respondents have failed
to reduce VON content in all filtration wastes to 1.0 kilogram or
less per 100 kilograms of articles dry cleaned, before disposal,
and exposure to the atmosphere.
23. Neither Dryer #1 nor Dryer #2 have a cartridge
filtration system.
24. Respondents, by their conduct, as alleged herein,
violated Section 9(a) of the Act, 415 ILCS 5/9(a) (2002)
,
and
7
Section 218.607 of the Board Air Pollution Regulations, 35 Ill.
~dm. Code 218.607.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondents DRAW DRAPE CLEANERS, INC.,
AMERICAN
DRAPERY CLEANERS & FLAMEPROOFERS, INC., and RICHARD ZELL
on Count II:
1. :Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2. Finding that Respondents have violated Section 9(a) of
the Act, 415 ILCS 5/9(a) (2002), and Section 218.607 of the Board
Air pollution. Regulations, 35 Ill. Adm. Code 218.607;
3. Ordering Respondents to cease and desist from further
violations of Section 9(a) of the Act, 415 ILCS 5/9 (a) (2002)
,
and
Section 218.607 of the Board.Air Pollution Regulations, 35 Ill.
Adm. Code 218.607;
4. Assessing against Respondents a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of the Act and
pertinent Board Air Pollution Regulations, and an additional
civil penalty of Ten Thousand Dollars ($10,000.00) for each day
of violation;
5. Taxing all costs in this action pursuant to Section
42(f) of the Act, including attorney, expert witness and
consultant fees, against Respondents; and
8
6. Granting such other relief as the Board deems
appropriate and just.
COUNT III
FAILURE TO CONDUCT ADEQUATE TESTING
1
-
18. Complainant realleges and incorporates by reference
herein paragraphs 1 through 18 of Count I as paragraphs 1
through
18 of this Count III.
19. Section 218.610 of the Board Air Pollution Regulations,
35 Ill. Adm. Code 218.610, provides as follows:
Testing and Monitoring
a) Compliance with Sections 218.607(b) (2),
218.608 and 218.609 of this Part shall be
determined by visual inspection; and
b) Compliance with Sections 218.607 (a) (2)
and (b) (1) of this Part shall be determined
by methods described in EPA-450/3-82-009
(1982) incorporated by reference in Section
218.112 of this Part.
20. Section 218.607 of the Board Air Pollution Regulations,
35 ill. Adm. Code 218.607, sets standards for petroleum solvent
dry cleaning operations.
21. Respondents have failed to visually inspect both Dryer
#1 and Dryer #2 in order t’o demonstrate compliance with the
requirements of Section 218.607(b) (2) of the Board Air Pollution
RegulatiOns, 35 Ill. Adm. Code 218.607(b) (2).
22. Respondents have failed to follow the methods described
in EPA-450/3-82-009 (1982) in order to demonstrate compliance
9
with Sections 218.607 (a) (2) and 218.607(b) (1) of the Board Air
Pollution Regulations, 35 Ill. Adm. Code 218.607 (a) (2) and
(b) (1), for both Dryer #1 and Dryer #2.
23. Respondents, by their conduct as alleged herein,
violated Section 9(a) of the Act, 415 ILCS 5/9(a) (2002), and
Section 218.610 of the Board Air Pollution Regulations, 35 Ill.
Adm. Code 218.610.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondents DRAW DRAPE CLEANERS, INC.,
AMERICAN DRAPERY CLEANERS & FLAMEPROOFERS, INC., and RICHARD ZELL
on Count III:
1. Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2. Finding that Respondents have violated Section 9(a) of
the Act, 415 ILCS 5/9(a) (2002), and Section 218.610 of the Board
Air Pollution Regulations, 35 Ill. Adm. Code 218.610;
3. Ordering Respondents to cease and desist from further
violations of Section 9(a) of the Act, 415 ILCS 5/9(a) (2002), and
Section 218.610 of the Board Air Pollution Regulations, 35 Ill.
Adm. Code 218.610;
4. Assessing against Respondents a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of the Act and
pertinent Board Air Pollution Regulations, and an additional
10
• civil penalty of Ten Thousand Dollars ($10,000.00) for each day
of violation;
5. Taxing all costs in this action pursuant to Section
42(f) of the Act, including attorney, expert witness and
consultant fees, against Respondents; and
6. Granting such other relief as the Board deems
appropriate and just.
COUNT IV
CONSTRUCTION OF
AN EMISSIONS SOURCE WITHOUT A PERMIT
1-16. Complainant realleges and incorporates by reference
herein paragraphs 1 through 16 of Count I as paragraphs 1 through
16 of this Count IV.
17. Section 9(b) of the Act, 415 ILCS 5/9(b) (2002),
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.
18. Section 201.102 of the Illinois Pollution Control Board
(“Board”) Air Pollution Regulations, 35 Ill. Adm. Code 201.102,
provides, in pertinent part, the following definitions:
“Emission Source”: any equipment or facility
11
of
a type capable of emitting specified air
contaminants to the atmosphere.
“New Emission Source”: any emission source,
the construction or modification of which is
commenced on or after April 14, 1972.
“Specified Air Contaminant”: any air
contaminant as to which this Subtitle
contains emission standards or other specific
limitations and any contaminant regulated
Illinois pursuant to Section 9.1 of the Act.
19. VOM is a specified air contaminant as defined by
Section 201.102 of the Board Air Pollution Regulations, 35 Ill.
Adm. Code 201.102.
20. Dryer #2 is a “new emission source” as that term is
defined by Section 201.102 of the Board Air Pollution
RegulationS, 35 Ill. Adm. Code 201.102 because it is capable of
emitting VON.
21. Section 201.142 of the Board Air Pollution Regulations,
35 Ill. Adm. Code 201.142, provides as follows:
Section 201.142 Construction Permit Required
No person shall cause or allow the
construction of any new emission source or
any new air pollution control equipment, or
cause or allow the modification of any
existing emission source or air pollution
control equipment, without first obtaining a
construction permit from the Agency, except.
as provided in Section 201.146.
22. Respondents installed Dryer #2 at the facility without
first obtaining a permit from the Illinois EPA.
23. Respondents, ‘by their conduct as alleged herein,
12
violated Section 9(b) of the Act, 415 ILCS 5/9(b) (2002), and
Section 201.142 of the Board Air Pollution Regulations, ‘35 Ill.
Adm. Code 201.142.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondents DRAW DRAPE CLEANERS, INC.,
AMERICAN DRAPERY CLEANERS & FLANEPROOFERS, INC., and RICHARD ZELL
on Count IV:
1. Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2. Finding that Respondents have violated Section 9(b) of
the Act, 415 ILCS 5/9(b) (2002), and Section 201.142 of the Board
Air Pollution Regulation, 35 Ill. Adm. Code ‘201.142;
3. Ordering Respondents to cease and desist from further
violations of Section 9(b) of the Act, 415 ILCS 5/9(b) (2002), and
Section 201.142 of the Board Air Pollution Regulation, 35 Ill.
Adm. Code 201.142;
4. Assessing against Respondents a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of the Act and
pertinent Board Air Pollution Regulations, and an additional
civil penalty of Ten Thousand Dollars ($10,000.00) for each day
of violation;
5. Taxing all costs in this action pursuant to Section
42(f) of the Act, including attorney, expert witness and
13
consultant fees, against Respondents; and
6. Granting such other relief as the Board deems
appropriate and just.
COUNT V
OPERATION OF AN EMISSIONS SOURCE WITHOUT A PERMIT
1-16. Complainant realleges and incorporates by reference
herein paragraphs 1 through 16 of Count IV as paragraphs 1
through 16 of this Count V.
17. Section 201.143 of the Board Air Pollution Regulations,
35 ill. Adm. Code 201.143, provides, in pertinent part, as
follows:
Operating Permit for New Sources
No person shall cause or allow the operation
of any new emission source or new air
pollution control equipment of a type for
which a construction permit is required by
Section 201.142 without first obtaining an
operating permit from the Agency, except for
such testing operations as may be authorized
by the construction permit.
18. Since 1996, Respondents have operated and continue to
operate Dryer #2 without first obtaining a permit from the
Illinois EPA.
19. Respondents, by their conduct as alleged herein,
violated Section 201.143 of the Board Air Pollution Regulations,
35 Ill. Adm. Code 201.143, and Section 9(b) of the Act, 415 ILCS
5/9(b) (2002)
.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
14
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondents DRAW DRAPE CLEANERS, INC.,
AMERICAN DRAPERY CLEANERS & FLANEPROOFERS, INC., and RICHARD ZELL
on Count V:
1. Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2. Finding that Respondents have violated Section 9(b) of
the Act, 415 ILCS 5/9(b) (2002), and Section 201.143 of the Board
Air Pollution Regulations, 35 Ill. Adm. Code 201.143;
3. Ordering Respondents to cease and desist from further
violations of Section 9(b) of the Act, 415 ILCS 5/9(b) (2002), and
Section 201.143 of the Board Air Pollution Regulations, 35 Ill.
Adm. Code 201.143;
4. Assessing against Respondents a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of the Act and
pertinent Board Air Pollution Regulations, and an additional
civil penalty of Ten Thousand Dollars ($10,000.00) for each day
of violation;
5. Taxing all costs in this action pursuant to Section
42(f) of the Act, including attorney, expert witness and
consultant fees, against Respondents; and
6. Granting such other relief as the Board deems
appropriate and just.
15
COTJ.N~
VI
VIOLATION OF FESOP CONDITION 5
1-15. Complainant realleges and incorporates by reference
herein paragraphs 1 through 4, 7 through 8, and 10 through 16 of
Count I and paragraphs 17 and 18 of Count IV as paragraphs 1
through 15 of this Count VI.
16. Respondent DDCI was granted a FESOP to operate its
emissions sources. The FESOP was granted on January 13, 1998 and
expires on. January 13, 2003.
17. Respondent DDCI’s FESOP, No. 95100005, provide’s, in
pertinent part, the following condition:
***
5.
The Permittee shall comply with the
standards, operating practices,
inspections and repair of leaks,
and the testing and
monitoring
requirements for petroleum solvent
dry cleaners as specified in 35
Ill. Adm. Code 218.607 through
218.610.
18. By violating the Board Air Pollution Regulations at
Sections 218.607 and 218.610, 35 Ill. Adm. Code 218.607 and
218.610, Respondent DDCI also violated Condition No. 5 of its
FESOP No. 95100005. By violating Condition No. 5 of its FESOP
No. 95100005, Respondent DDCI also violated 9(b) of the Act, 415
ILCS 5/9(b) (2002).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
16
ñ
Count VI:
1. Authorizing a hearing in this matter, at which time
Respondent DDCI will be required to answer the allegations
herein;
2. Finding that Respondent DDCI has violated Condition 5
of FESOP No. 95100005, and Section 9(b). of the Act, 415 ILCS
5/9 (b) (2002) ;
.
3. Ordering Respondent DDCI to cease and desist from
further violations of Condition 5 of FESOP No. 95100005, Section
9(b) of the Act, 415 ILCS 5/9(b) (2002);
4. Assessing against Respondent DDCI a civil penalty of
Fifty Thousand Dollars ($50,000.00) for each violation of the Act
and pertinent Board Air Pollution Regulations, and an additional
civil penalty of Ten Thousand Dollars ($10,000.00) for each day
of violation;
5. Taxing all costs in this action pursuant to Section
42(f) of the Act, including attorney, expert witness and
consultant fees, against Respondent; and
6. Granting such other relief as the Board deems
appropriate and’ just.
COUNT VII
INSTALLATION OF A NON-SOLVENT RECOVERY DRYER
AND LACK OF A CARTRIDGE FILTER ON DRYER #2
1-14. Complainant realleges and incorporates by reference
17
‘h
14 of this Count VII.
15.
Section 9.1(d) of the Act, 415 ILCS 5/9.1(d) (2002),
provides, in pertinent part, as follows:
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; or
(2) construct, install, modify or operate
any equipment, building, facility, source or
installation which is subject to regulation
under Sections 111, 112, 165 or 173 of the
Clean Air Act, as now or hereafter amended,
except in compliance with the requirements of
such Sections and federal regulations adopted
pursuant thereto, and no such action shall be
undertaken without a permit granted by the
Agency or in violation of any conditions
imposed by such permit.
16. Sections 60.620 to 60.625 of Title 40 of the Code of
Federal Regulations, 40 C.F.R. 60.620-60.625, were adopted
pursuant to Section 111 of the Clean Air Act.
17. Sections 60.620 to 60.625 of Title 40 of the Code of
Federal Regulations, 40 C.F.R. 60.620-60.625, set standards of
performance for petroleum dry cleaners.
18. Section 60.622 of Title 40 of the Code of Federal
RegulationS, 40 C.F.R. 60.622 provides, in pertinent part, as
follows:
Standards for volatile organic compounds
(a) Each affected petroleum solvent dry
18
““~‘~‘‘
petroleum dry cleaning plant after December
14, 1982, shall be a solvent recovery dryer.
The solvent recovery dryer(s) shall be
•
properly installed, operated and maintained.
(b) Each affected petroleum solvent filter
that is installed at a petroleum dry cleaning
plant after December 14, 1982, shall be a
cartridge filter. Cartridge filters shall be
drained in their sealed housings for at least
8 hours prior to their removal.
19. Dryer #2 was installed after December 14, 1982. It is
not a solvent recovery dryer, and it lacks a cartridge filter.
20. Respondents, by their conduct as alleged herein,
violated Section 60.622 of Title 40 of the Code of Federal
Regulations, 40 C.F.R. 60.622, and Section 9.1(d) of the Act, 415
ILCS 5/9.1(d) (2002)
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondents DRAW DRAPE CLEANERS, INC.,
AMERICAN DRAPERY CLEANERS & FLAMEPROOFERS, INC., and RICHARD ZELL
on Count VII:
1. Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2. Finding that Respondents have violated Section 60.622
of Title 40 of the Code of Federal Regulations, 40 C.F.R. 60.622,
and Section 9.1(d) of the Act, 415 ILCS 5/9.1(d) (2002);
3. Ordering Respondents to cease and desist from further
violations of Section 60.622 of Title 40 of the Code of Federal
19
‘
‘e~”~t±ons,4OC.F.~‘~6DT6227 ~
IICS 5/9.1(d) (2002)
4. Assessing against Respondents a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each violation of the Act and
pertinent Board Air Pollution Regulations, and an additional
civil penalty of Ten Thousand Dollars ($10,000.00) for each day
of violation;
5. Taxing all costs in this action pursuan~to Section
42(f) of the Act, including attorney, expert witness and
consultant fees, against Respondents; and
6. Granting such other relief as the Board deems
appropriate and just.
COUNT VIII
FAILURE TO PERFORM AN INITIAL FLOW RATE TEST ON DRYER #2
1
-
19. Complainant realleges and incorporates by reference
herein paragraphs 1 through 19 of Count VII as paragraphs 1
through 19 of this Count VIII.
20. Section 60.624 of Title 40 of the Code of Federal
RegulatiOns, 40 C.F.R. 60.624, provides, in pertinent part, as
follows:
Test methods and procedures
Each owner or operator of an affected
facility subject to the provisions of
§60.622(a) shall perform an initial test to
verify that the flow rate of recovered
solvent from the solvent recovery dryer at
the termination of the recovery cycle is no
20
test shall be conducted for a duration of no
less than 2 weeks during which no less than
50 percent of the dryer loads shall be
monitored for their final recovered solvent
flow rate.
21. Respondents did not initially test Dryer #2 to verify
the flow rate of recovered solvent after Dryer #2 was installed
in 1996.
22. Respondents, by their conduct as alleged herein,
violated Section 60.624 of Title 40 of the Code of Federal
Regulations, 40 C.F.R. 60.624, and Section 9.1(d) of the Act, 415
ILCS 5/9.1(d) (2002)
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of
Complainant and against Respondents DRAW DRAPE CLEANERS, INC.,
AMERICAN DRAPERY CLEANERS & FLAMEPROOFERS, INC., and RICHARD ZELL
on Count VIII:
1. Authorizing a hearing in this matter at which time
Respondents will be required to answer the allegations herein;
2. Finding that Respondents have violated Section 60.624
of Title 40 of the Code of Federal Regulations, 40 C.F.R. 60.624,
and Section 9.1(d) of the Act, 415 ILCS 5/9.1(d) (2002);
3. Ordering Respondents to cease and desist from further
violations of Section 60.624 of Title 40 of the Code of Federal
RegulatiOns, 40 C.F.R. 60.624, and Section 9.1(d) of the Act, 415
ILCS 5/9.1(d) (2002);
•
21
‘4.
‘
A~è~”~iñg~
hdë’i~t’a”
~
Thousand Dollars ($50~000.00) for each violation of the Act and
pertinent Board Air Pollution Regulations, and an additional
civil penalty of Ten Thousand Dollars ($10,000.00) for each day
off violation;
5. Taxing all costs in this action pursuant to Section
42(f) of the Act, including attorney, expert witness and
consultant fees, against Respondents; and
6. Granting such other relief as the Board deems
appropriate and just.
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:
.
ROSEMARIE CAZEAU, C~Lef
Environmental Bureau
Assistant Attorney General
Of Counsel:
JOEL J. STERNSTEIN
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th
Floor
Chicago, Illinois 60601
(312) 814-6986
H:\comiUor~\EIWir0flmefl~al\~J0EtA~ase
Documents\DraW Drape\~tnended-comp1ain~-fina1
.wpd
22
CERTIFICATE OF SERVICE
I, JOEL J. STERNSTEIN, an Assistant Attorney General,
certify that on the
30th
day of December 2003, I caused to be
served by First Class Mail the foregoing
AMENDED
COMPLAINT FOR
CIVIL PENALTIES 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
H~\co0rnon\EflVir0flme1~ta1\30EL\CaSe Doc~xments\IDrawDrape\notice of filing.wpd
