RECEWE~
CLERK’S OFACE
FEB - 2 200k
STATE OF
ILLINOIS
OFFICE OF THE
STATE
ATTORNEY
OF ILLINOIS
GENERAL
pollution Control board
Lisa Madigan
AY’ORNEY GENERAL
~
~f))
January28, 2004
7t~
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste. 1 1-500
100 West Randolph
Chicago, Illinois 60601
Re:
People v. Robinson Carbon, Inc.
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: Pleasefile 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 ~
Very truly yours,
Delbert D. Haschemeyer
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
•
FFY: (217) 785-2771
•
Fax: (217) 782-7046
100 ~Vest Randolph Street, Chicago, Illinois 60601
•
(312) 814-3000
• TTY:
(312) 814-3374
•
Fax: (312) 814-3806
1001
East Main,
Carbondale,
Illinois 62901
•
(618) 529-6400
•
TTY: (618)
529-6403
•
Fax: (618) 529-6416
RECEWED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB - 22004
STATE OF ILLINOIS
PEOPLEILLINOIS,OF THE STATEComplainant,OF
)
rOuu
‘tion Control Boar
vs.
)
PCBNo.
~‘
(Enforcement)
ROBINSON CARBON, INC.,
)
Respondent.
NOTICE OF FILING
To:
C. T. Corporation System
208 South LaSalle Street
Chicago, IL 60604
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a COMPLAINT and ENTRY OF APPEARANCE, a copy of
which is attachedheretoand herewithse~eduponyou. Failure to file-an answer to this ~
-
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 3515/1 (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
Litigaf n Division
- BY:_______
DELBERT D. HASCHEM
ER
Assistant Attorney General
Environmental Bureau
- 500 SoutftSecondStreeL~
Springfield, Illinois 62706
217/782-9031
-
Dated: January 28, 2004
2
FEB - 22004
CERTIFICATE OF SERVICE
u ion
OF
Control
ILLINOIS
Board
I hereby certify that I did on January 28, 2004, 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
COMPLAINT:
To:
C. T. Corporation System
208 S. LaSalle Street
Chicago, IL 60604
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. Haschemeyer
Assistant Attorney General
This filing is submitted on recycled paper.
RECE~VE~
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB
22004
PEOPLE OF THE STATE OF
)
Pollut~~~~
ILLINOIS,
Complainant,
)
-
vs.
)
PCBNo. O
(Enforcement)
ROBINSON CARBON, INC.,
)
a Delaware corporation,
)
Respondent.
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, DELBERT D.
- - HASCHEMEYER;Assistant Attorney 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:________
DELB
T . HASCHEMEYE
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: January 28, 2004
-
RECE~VE~
~‘
-
CLERK’S OFFICE
FEB - 22004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CRAWFORD
COUNTY,
ILLINOIS
STATE OF ILUNOIS
Pollution Control Board
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
vs.
)
PCBN0.
)
(Enforcement)
ROBINSON CARBON, INC.,
a Delaware corporation,
)
Respondent.
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondent, ROBINSON CARBON, INC.;as follows:
COUNT I
AIR POLLUTION
1.
This Complaint is brought by the Attorney General on her own motion and at 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 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.
This Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31 (2002),
after providing the Respondent with notice and the opportunity for a meeting with the Illinois EPA.
4.
Respondent, ROBINSON CARBON, INC., is a Delaware corporation authorized
to the business in Illinois. Its registered agent is C. T. Corporation System, 208 South LaSalle
Street, Chicago, Illinois.
I
5.
The Respondent operates a facility, the coke plant, which produces calcined coke
for the aluminum industry, located at R. R. 3, P.O. Box 719, Robinson, Crawford County, Illinois.
6.
Emissions from the coke plant include particulate matter.
7.
On January 17, 1997, the Illinois EPA issued Respondent Operating Permit No.
75110042, attached hereto as Exhibit A.
8.
Section 9 of the Act, 415 ILCS 5/9 (2002), provides in pertinent part:
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;
9.
Section 3.115 of the Act, 415 ILCS 5/3.115 (2002), defines “air pollution” as follows:
--
“AIR POLLUTION” is the presence in the atmosphere of one or more
contaminants in sufficientquantities 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.
10.
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.
11.
Section 201.141 of the Board’s Air Pollution Regulations, 35 Ill. Adm. Code 201.141
(2002), provides as follows:
Prohibition of Air Pollution
No person shall cause or threaten or allow the discharge of 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.
12.
Section 212.321, Processed Emission Units for which Construction or Modifications
Commenced Prior to April 14, 1972, of the Board’s Air Pollution Regulations, 35 Ill. Adm. Code
2
212.321, provides:
a.
Except as further provided in this Part, no person shall cause or
allow the emission of particulate matter into the atmosphere in any
one hour period from any new process emission unit which, either
alone or in combination with the emission of particulate matter from
all other similar process emission units for which construction or
modification commenced on or after April 14, 1972, at a source or
premises, exceeds the allowable emission rates specified in
subsection (c) of this Section.
***
c.
Limits for Process Emission Units For Which Construction of
Modification Commenced on or After April 14, 1972:
***
Metric
P - Mg/hr
--
E - kg/hr
English -
P - T/hr
E - lbs/hr
9.
3.9
10.00
8.70
13.
4.8
15.00
10.80
18.
5.7
20.00
12.50
23.
6.5
25.00
14.00
27.
7.1
30.00
15.60
32.
7.7
35.00
17.00
36.
8.2
40.00
18.20
41.
8.8
45.00
19.20
45.
9.3
50.00
20.50
90.
13.4
100.00
29.50
where:
***
P = Process weight rate in metric or T/hr, and
E = Allowable emission rate in kg/hr or lbs/hr.
13.
Commencing on or before April 12, 1998, and continuing to on or after April 23,
1998, Respondent operated kiln #2 and the #2 cooler in such a manner so as to exceed the
3
particulate standard in violation of Sections 201.141 and 212.321 of the Board’s Air Pollution
Regulations, 35111. Adm. Code 201.141 and 212.321 and Section 9(a) of the Act, 415 ILCS 5/9(a)
(2002).
‘~
PRAYER
FOR RELIEF
-
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, ROBINSON CARBON, INC.:
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.
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 an additional penalty often thousand
($10,000)
for each day during v~hichèuch violations continüéd;
-
- --
E.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2002), awarding to
- -
Complainant its costs and reasonable attorney’s fees; and
F.
Granting such other relief as the Board may deem appropriate.
COUNT II
PERMIT CONDITION VIOLATIONS
1-8.
Complainant realleges and incorporates herein by reference paragraphs 1 through
8 of Count I as paragraphs 1 through 8 of this Count II.
9.
Section 9(b) of the Act, 415 LOS 5/9(b) (2002), provides:
No person shall:
***
4
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;
10.
Section 39.5 of the Act, 415 ILCS 5/39.5 (2002), provides in pertinent part:
6.
Prohibitions
a.
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.
11.
Section 39.5 of the Act, 415 ILOS 5/39.5 (2002), defines “source” as follows:
- “SOURCE” means any stationary source (or any group of stationary sources
that are located on one or more contiguous or adjacent properties, and are
under common control of the same person or persons under common
control) belonging to a single major industrial grouping.
12
Standard Condition #7 of Operating Permit #75110042, provides
The permittee shall maintain all equipment covered under this permit
in
sUch a marnerThatthe performance of such equipment shallnotcause --
a violation of the Environmental Protection Act or regulations promulgated
thereunder.
13
Standard Condition #9 of Operating Permit #75110042, provides:
No person shall cause or allow continued operation during
malfunctions, breakdown or startup of any emission source or related air
pollution control equipment if such operation would cause a violation of an
applicable emission standard or permit limitation. Should a malfunction,
breakdown or startup occur which results in’emissions in excess of any
applicable standard or permit limitation, the Permittee shall:
a.
Immediately report the incident to the Illinois EPA’s Regional Field
Operations Section Office by telephone, telegraph, or other method
as constitutes the fastest available alternative, and shall comply with
all reasonable directives of the Illinois EPA with respect to the
incident;
b.
Maintain the following records for a period of no less than two (2)
years;
5
Date and duration of malfunction, breakdown, or startup;
-:
ii.
Full and detailed explanation of the cause;
iii.
Contaminants emitted and an estimate of quantity of
emissions;
iv.
Measures taken to minimize the amount of emissions during
the malfunction, breakdown or startup; and
v.
Measures taken to reducefuture occurrences and frequency
of incidents.
14.
Commencing on or before April 12, 1998, and continuing to on or after April 23,
1998, Robinson Carbon, Inc., operated its #2 kiln while its baghouse was broken down, and
commencing on or before June 8, 1999, and continuing to on or after July 10, 1999, Respondent
operated its #2 kiln with a large hole in the archway of the pyro-scrubber.
15.
Further, Respondent failed to provide notice to the Agency of the aforesaid
breakdowns, all in violation of Standard Condition #7, 9 and 9(a) of Respondent’s Operating Permit
#7511042 and Section 9(b) of the Act, 415 ILCS 5/9(a) (2002).
PRAYER FOR RELIEF
-
- -- - -- -
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respecifully requests
that the Board enter an order against the Respondent, ROBINSON CARBON, INC.:
A.
Authorizing a hearing in this mater, 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.
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 that occurred and an additional penalty
often thousand ($10,000) for each day during which such violations continued;
E.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2002), awarding to
Complainant its costs and reasonable attorney’s fees; and
6
F.
Granting such other relief as the Board may deem appropriate.
Respectfully submitted,
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
OfCounsel
-
--
DELBERT D. HASCHEMEYER
Assistant Attorney General
- 500 South Second Street
-- Springfield, Illinois 62706
217/782-9031
Dated:
7/2
C7
7