RECEIVED

CLERK’S OFFICE

FEB

-

6

2004

Pollution

Control Board

OFFICE OF THE ATTORNEY GENERAL

STATE OF ILLINOIS

Lisa Madigan

ATTORNEYGENERAL

February 4,

2004

The Honorable

Dorothy Gunn

I inois

Pollution

Control Board

James R.

Thompson Center, Ste.

11-500

100

West Randolph

Chicago,

Illinois 60601

Re:

People

v.

Decatur Foundry

Dear Clerk Gunn:

Enclosed foi fiUng~please.~find

the.

original

and

ten

copies

of

a

NOTICE

OF

FILING,

APPEARANCE and COMPLAINT in

regard to the above-captioned matter.

Please file the originals

and

return

file-stamped

copies of the documents

to

our

office

in

the

enclosed

self-addressed,

stamped envelope.

Thank you for your cooperation

and

consideration.

Very truly yours,

Delbert

0.

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

•

TTY: (217) 785-2771

•

Fax:

(217) 782-7046

100

West Randolph .Sueet, Chicago, Illinois

60601

•

(312)

814-3000

•

T1’Y:

(312) 814-3374

•

Fax: (312) 814-3806

1001

Easr

~\lajn. Carhon(IaIc.

Illinois

62901

•

(618)

529—640()

•

YTY: (618) 529-6403

•

Fax:

(618)

529—6416

---

BEFORE THE

ILLINOIS POLLUTION CONTROL

BOARD

FEB

-

62004

STATE OF ILLINOIS

PEOPLE OF THE STATE

OF

)

Pollution Control Board

ILLINOIS,

)

)

Complainant,

!)

~OH~

vs.

)

No.

DECATUR FOUNDRY, INC.,

)

an Illinois corporation,

)

NOTICE OF FILING

To:

Terry

R. Young

Registered Agent

6525 Majors

Lane

Decatur,

IL 62521

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,

a

copy

of which

is attached

hereto

and

herewith

served

upon you.

Failure to file an

answer tp:this Complaint

within

60 days

may

have

severe

consequences.

Failure to answer will

mean

that all allegations

in this

Complaint will

be

taken

as

if

admitted

for

purposes

of

this

proceeding.

If

you

have

any

questions

about

this

procedure,

you should contact the hearing

officer assigned

to this proceeding, the Clerk’s Office

or an attorney.

1

---

FURTHER,

please

take

notice

that

financing

may

be

available,

through

the

Illinois

Environmental Facilities Financing Act,

20

ILCS 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

Litigation

Division

BY:_____________________

DELBERT

0.

AASCHEME?ER

Assistant Attorney General

Environmental Bureau

500

South Second Street

Springfield,

Illinois 62706

217/782-9031

-

--~-Dated:February4~2004

2

---

RECEIVED

CLERK’S OFFICE

FEB

-

62004

CERTIFICATE OF SERVICE

STATE OF ILLINOIS

Pollution Control

Board

I

hereby certify that

I

did on

February 4, 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:

Terry

R. Young

Registered Agent

6525 Majors

Lane

Decatur,

IL 62521

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 0.

Hasche”meyer

Assistant Attorney General

This filing is submitted

on recycled paper

---

RECE WED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION

CONTROL

BOARD

FEB

-

62004

STATE OF ILLINOIS

PEOPLE OF THE STATE OF

)

Pollution Control Board

ILLINOIS,

Complainant,

)

vs.

)

No.

~

~

DECATUR FOUNDRY,

INC.,

)

an Illinois corporation,

)

Respondent.

ENTRY OFAPPEARANCE

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

n Div~

BY~

500

South

Second Street

Springfield,

Illinois 62706

217/782-9031

Dated:

February 4, 2004

DELBERT

Environmental

Bureau

Assistant Attorney General

---

RECEIVED

CLERK’S OFFICE

BEFORE THE

ILLINOIS POLLUTION

CONTROL BOARD

FEB

-

62004

PEOPLE OF THE

STATE OF ILLINOIS,

)

STATE OF ILLINOIS

)

Pollution Control Board

Complainant,

~

vs.

)

No.

)

(Enforcement)

DECATUR FOUNDRY,

INC.,

)

an

Illinois

corporation,

Respondent.

COMPLAINT

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

by

LISA

MADIGAN,

Attorney

General of the State of Illinois,

complains of Respondent, DECATUR FOUNDRY, INC., as follows:

COUNT

I

~

~HAZARDOUS.WASTE

VIOLATIONS

OF THE ACT AND PART

722

-

A~LlcA~~

TO GENERATORS OF HAZARDOUS WASTE

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,

Decatur Foundry,

Inc., is an

Illinois

corporation

in good standing

and

authorized

to

do

business

in

the

State

of

Illinois.

At

all

times

relevant

to

this

Complaint,

the

Respondent was

the operator of a foundry located

at 1745

North

Illinois

Street,

Decatur,

Macon

1

---

County,

Illinois

(the “facility”).

The registered

agent is TerryR. Young,

1745

North Main

Street,

Decatur,

Illinois.

5.

At all times relevant to this Complaint,

Respondent’s primary business at the facility

is the

manufacture

of

gray

and

ductible

iron

castings

using

a

Whiting

5-ton

per

hour

cupola

equipped with scrubbers for emission control.

The cupola has a capacity of 1000 tons per month.

Mold casting

range from

1

to 5000 pounds for gray

iron and from

1 to

3000 pounds from ductible

iron.

The facility is equipped for shot blasting, grinding,

inspection and

prime

painting.

6.

Respondent’s facility generates a small amount of waste foundry sand which cannot

be reused

and particulate matter (bag-house dust) from two mechanical foundry sand

reclaimers,

a thermal foundry sand reclaimer and a shot blasterfinishing process.

Cupola scrubberwaste and

slag are

produced

from the cupola operation.

The

paint

room

generates

some paint filters and

liquid paint waste.

—-.-.--—-.---.—.---.

._

__~_

7.

The Illinois EPA conducted

a RCRA compliance evaluation inspection on April

12,

April19, May 9 and May 30, 2001.

During the course of the Agency’s inspections, the Illinois EPA

determined that the Respondent had taken composite samples of several waste streams and used

the composite to

make hazardous waste

determinations.

-

All

of

the waste streams

except paint-

related waste

had

been

certified

as

nonhazardous,

non-special

waste

and

were

being

shipped

offsite for

disposal.

The paint waste was

being

manifested and shipped

as a hazardous waste.

8.

Section

3.15

of the Act, 415

ILCS

5/3.15

(2002),

defines

“hazardous

waste”

as

follows:

“HAZARDOUS WASTE”

means a waste, or combination of wastes, which

because of its

quantity, concentration,

or physical,

chemical, or infectious

characteristics

may

cause

or

significantly

contribute

to

an

increase

in

mortality or an increase in serious, irreversible, or incapacitating

reversible,

illness; or pose a substantial present or potential hazard to human health or

the environment when

improperly treated, stored, transported, or disposed

of, or otherwise managed, and which

has been identified,

bycharacteristics

of

listing,

as

hazardous

pursuant

to

Section

3001

of

the

Resources

2

---

Conservation

and

Recovery Act of 1976,

P. L. 94-580, or pursuant to

Board

regulations.

9.

Section 721.103 of the Pollution Control Board’s Hazardous Waste Regulations 35,

III.

Adm.

Code 721.103 provides,

in relevant

part:

Section

721 .103 Definition

of Hazardous Waste

a)

Solid

waste,

as

defined

in

Section

721.102

is

a

hazardous waste

if:

***

2)

It meets any of the following

criteria:

A)

ft

exhibits

any

of

the

characteristics

of

hazardous

waste

identified

in Subpart

C of this Part.

10.

Section 721.124 of the Pollution Control Board’s Hazardous Waste Regulations, 35

IlI:Adm:Code

721:124(2000)

provides ,‘inrelevant part:

Section

721.124 Toxicity Characteristic

a)

A

solid

waste

exhibits the

characteristic

of

toxicity

if,

using

the Toxicity

Characteristic

Leaching

Procedure

(TCLP),

test

Method

1311

in

“Test

Methods for Evaluating Solid Waste,

Physical/Chemical Methods”, U.S. EPA

Publication

SW-846,

as

incorporated

by reference

in

35

Ill.

Adm.

Code

720.111, the extractfrom a representative sample Ofthëwaste containsany

of

the

contaminants

listed

in

the

table

in

subsection

(b)

below

at

a

concentration

equal

to

or greater than

the respective value

given

in

that

table.

Where the waste contains less than 0.5 percent filterable solids, the

waste itself,

after filtering

using the methodology outlined

in

Method

1311,

is considered to

be the extract for the purpose of this Section.

BOARD NOTE: The reference to

the “EP toxicity test”

in 35

III. Adm.

Code

808.410(b)(4) is to

be

understood

as referencing

the test required

by this

Section.

b)

A solid waste

that

exhibits the

characteristic of

toxicity

has

the

U.S.

EPA

Hazardous Waste Number specified in the following table that corresponds

to the toxic contaminant causing

it to

be hazardous.

3

---

MAXIMUM CONCENTRATION OF CONTAMINANTS

FORTHE TOXICITY CHARACTERISTICS

U.S.

EPA Hazardous Waste

No.

Contaminant CAS

Note

No.

Regulatory

Level (mg/L)

D008

Lead

7439-92-1

5.0

11.

Following

directions

from

the

Illinois

EPA

that

the

analysis for

hazardous

waste

determinations must

be

made for each waste at

the point of generation, on

May 9,

2001,

a split

sample of the cupola scrubber waste was taken. The samples show a TCLP concentration of lead

in the amount of 130 mg/I and

142 mg/I,

respectively, thereby demonstrating the cupola scrubber

waste was

a hazardous waste pursuant to Sections 721.103 and 721.124 of the Pollution Control

Board’s Hazardous Waste Regulations 35

III. Adm. Code Section 721 .103 and 721.124 (2000), and

$ection~3.i5

of the Act, 415 ILCS 5/3.15 (2002).

12.

Section 3.08

of the Act, 415

ILCS 5/3.08

(2002) defines “disposal” as follows:

“DISPOSAL”

means

the

discharge,

deposit,

injection~dumping,spillirig,

leaking

or placing

of any waste or hazardous waste into or on any

land or

water

or

into

any

well

so

that

such

waste

or

hazardous

waste

or

any

constituent thereof may enter the enviro~mentor be emitted

into the air or

discharged into any waters, including

ground waters.

13.

Section 21

of the Act, 415 ILCS 5/21

(2002),

provides, in

pertinent part,

as follows:

No person

shall:

(e)

Dispose, treat, store or abandon any waste, or transport any waste

into

this

State

for

disposal,

treatment,

storage

or abandonment,

except at a site or facility which meets the

requirements of this Act

and of regulations and

standards thereunder.

(f)

Conduct any hazardous waste-storage, hazardous waste-treatment

or hazardous waste-disposal operation:

1.

without

a

RCRA

permit

for

the site

issued

by

the

Agency

under subsection (d) of Section

39 of this Act, or in violation

of any condition imposed

by such

permit, including periodic

reports

and

full

access

to

adequate

records

and

the

inspection

of

facilities,

as

may

be

necessary

to

assure

4

---

compliance with this Actand with regulations and standards

adopted thereunder; or

2.

in violation of any regulations or standards adopted by the

Board under this Act.

***

(i)

Conduct any process

or engage

in

any

act which

produces

hazardouswaste in violation ofanyregulations orstandardsadopted

by the

Board

under subsections

(a) and

(c)

of Section

22.4

of this

Act.

14.

Section 722.111

of the Pollution Control Board’s Hazardous Waste Regulations, 35

III. Adm. Code 722.111(2000), provides:

Hazardous Waste Determination

A

person who

generates

a

solid

waste,

as

defined

in

35

Ill.

Adm.

Code

721.102,

shall

determine

if

that

waste

is

a

hazardous

waste

using

the

following

method:

(a)

The

person

should

first

determine

if

the

waste

is excluded

from

regulation under 35

III.

Adm.

Code 721.104.

(b)

The person should then determine

if the waste

is

listed

as a

hazardous waste in 35

Ill. Adm.

Code 721 .Subpart 0.

(Board

Note:

Even

ifa waste is listed, the generator still has an opportunity under

35

III.

Adm.

Code

720.122

and

40

CFR

260.22

(1986)

to

demonstrate thatthewaste from the generator’s particular facility or

operation is not a hazardous waste.)

(c)

For

purposes

of compliance

with

35

III.

Adm.

Code

728,

or

if the

waste

is not

listed as a hazardous waste

in 35

III. Adm. Code

721.Subpart D, the generator shall then determine whether the

waste is identified in 353

Ill. Adm. Code 721.SubpartC by either:

1)

Testing the waste according

to the methods set forth in 35

III.

Adm. Code 721 .Subpart C, or according to an equivalent

method approved by the Board under 35

III. Adm. Code

720.121; or

2)

Applying knowledgeof the hazard characteristic of thewaste

in

light of the materials or processes used.

(d)

If the generator determines

that the waste

is hazardous,

the

generator shall refer to 35 Ill. Adm. Code 724, 725, 728, and 733 for

5

---

possible exclusions or restrictions pertaining to the management of

the specific waste.

15.

Section 722.120 of the Pollution Control Board’s HazardousWaste Regulations, 35

Ill. Adm. Code 722.120 (2000),

provides:

General Requirements

(a)

A generatorwho transports, or offers for transportation, hazardous

waste

for

off-site

treatment,

storage

or

disposal

must

prepare

a

manifest before transporting the waste off-site.

(b)

A

generator

must

designate

on

the manifest

one

facility

which is

permitted to handle the waste described

on the manifest.

(c)

A generator mayalso designate on the manifest one alternate facility

which is permitted

to

handle

his

waste in

the event an

emergency

prevents delivery of the waste to the primary designated facility.

(d)

If

the

transporter

is unable

to

deliver the

hazardous

waste

to

the

designated facility or the alternate facility, the generator must either

designate

another facility

or instruct

the

transporter to

return

the

waste.

(e)

The requirements-of this.Subpartdo not apply.to hazardous

waste

produced

by generators of greater than

100

kg

but

less than

1000

kg in a calendar month where:

1.

The

waste

is

reclaimed

under

a

contractual

agreement

pursuant to which:

A)

The type of waste and frequency of shipments are

specified

in the agreement;

B)

The

vehicle

used

to

transport

the

waste

to

the

recycling facility and to deliver regenerated material

back to the generator is owned and operated by the

reclaimer of the waste; and

2.

The

generator

maintains

a

copy

of

the

reclamation

agreement in his files for a period of at least three years after

termination or expiration of the agreement.

(f)

The requirements of this Subpart B and Section 722.132(b) do not

apply to the transport of hazardous wastes on a public or private

right-of-way within or along the border of contiguous property under

the control of the same

person,

even

if such contiguous

property

is

6

---

divided by a public or private right-of-way.

Notwithstanding 35

Ill.

Adm. Code 723.110(a), the generator or transporter shall comply

with the requirements for transporters set forth in

35

III. Adm.

Code

723.130and723.13 1 in theevent of a discharge ofhazardouswaste

on a public or private right-of-way.

16.

Section 722.134(a)(1),

(2) and (3) ofthe Pollution Control Board’s Hazardous Waste

Regulations 35

III. Adm. Code 722.134(a)(1), (2) and (3), (2000), provides:

Accumulation Time

(a)

Except as provided in subsection (d),

(e),

(f), (g),

(h), or (i) of this

Section, a generator is exempt from all the requirements in 35

III.

Adm.

Code 725.Subparts

G

and

H,

except for 35

III.

Adm.

Code

725.211

and 725.214, and mayaccumulate hazardous waste on-site

for 90 days or less without a permit or without having

interim status,

provided that the following

conditions are fulfilled.

(1)

The Waste is

placed

in or

on one of the following:

(A)

In

containers, and the generator complies with

35

Ill.

Adm.

Code 725.Subparts

I,

AA,

BB,

and

CC;

(B)

In tanks,

and the generator complies with 35

III. Adm.

Code 725.Subparts J, AA, .BB, and CC, except 35

Ill.

Adm.

Code 725.297(c) and

725.300;

(C)

On drip pads,

and, the generator complies with 35

III.

Adm.

Code

25.Subpart

W

and

maintains

the

following records

at the facility:

i)

A

description

of the

procedures that

will

be

followed

to

ensure

that

all

wastes

are

removed from

the

drip

pad

and

associated

collection system at least once every 90 days;

and

ii)

Documentation

of

each

waste

removal,

including the quantity of waste removed from

the

drip

pad

and

the

sump

or

collection

system and

the date and time of removal;

or

(D)

In containment buildings, and the generator complies

with

353

III. Adm.

Code 725.Subpart DD (has placed

its

Professional

Engineer

(PE)

certification that the

building complies with the design standards specified

in

35

III.

Adm.

Code

725.1101

in

the

facility’s

7

---

operating record prior to the date of initial operation

of the unit).

The owner oroperator shall maintain the

following records at the facility:

i)

A written description of the waste generation

and

management

practices

for

the

facility

showing that they are consistent with respect

to

the

90

day

limit,

and

documentation that

the procedures are complied with; or

ii)

Documentation

that

the

unit

is

emptied

at

least once every 90 days;

BOARD

NOTE:

The

“in

addition”

hanging

subsection

that appears

in the

Federal rules

after

40

CFR

262.34(a)(1)(iv)(B)

is

in

the

introduction to subsection (a) of this Section.

(2)

The date upon which each

period of accumulation

begins is

clearly marked

and visible for inspection on each

container;

(3)

While being accumulated on-site, each container and tank is

labeled ormarked clearlywith the words “Hazardous Waste”;

and

(4)

The generator complies with the requirements for owners or

operators in

35

I II. Adm.

Code 725.

Subparts

C and

D and

with

35

Ill.

Adm.

Code 725.116

and 728.107(a)(5).

17.

Section

722.140(a)

and

(b)

of the

Pollution

Control

Board’s

Hazardous Waste

Regulations,

35

III. Adm.

Code 722.140(a) and

(b) (2000),

provides as follows:

Recordkeeping

(a)

A

generator

must

keep

a

copy

of

each

manifest

signed

in

accordance

with

Section

722.123(a)

for

three

years

or

until

he

receives a signed copy from the designated facility which

received

the waste.

This

signed

copy

must

be

retained

as

a

record

for

at

least three years from the date the waste was accepted by the initial

transporter.

(b)

A generator must keep a copy of each Annual Report and Exception

Report for a

period of at

least three years from

the due date

of the

report (March

1).

8

---

18.

Section 722.141(a) and (b) of the Pollution Control Board’s Hazardous Waste

Regulations, 35

III. Adm. Code 722.141(a) and (b) (2000), provides as follows:

Annual

Reporting

(a)

A generator who ships any hazardous waste off-site to

a treatment,

storage or disposal facility within the

United States shall prepare and

submit a single copy of an annual

report to the Agency

by March

1

for

the

preceding

calendar

year.

The

annual

report

must

be

submitted

on

a

form

supplied

by

the

Agency,

and

must

cover

generator

activities

during

the

previous

calendar

year,

and

must

include the following

information:

1.

The USEPA identification number, name and address

of the

generator;

2.

The calendar year covered

by the report;

3.

The

USEPA identification

number,

name

and

address

for

each

off-site

treatment,

storage

or

disposal

facility

in

the

United States

to which waste

was shipped

during the year;

4.

The

name

and

USEPA

identification

number

of

each

transporter used during

the reporting year for shipments to

a

treatment,

storage

or

disposal

facility

within

the

United

States;

5.

A description,

USEPA hazardous waste number (from 35

Ill.

Adm.

Code

721 .Subpart

C

or 0),

DOT

hazard

class

and

quantity

of

each

hazardous

waste

shipped

off-site

for

shipments to a

treatment,

storage or disposal facility within

the United States.

This information must be listed by USEPA

identification number

of each off-site facility to which waste

was

shipped;

6.

A

description

of the

efforts

undertaken

during

the

year to

reduce the volume and

toxicity of waste generated;

7.

A description of the changes in volume and toxicity of waste

actually achieved during the year in

comparison to

previous

years

to

the extent such

information

is available

for

years

prior to

1984;

8.

The certification signed by the generator or the generator’s

authorized

representative.

9

---

(b)

Any generator who treats, stores or disposes of hazardous waste

on-site must submit an annual

report covering those wastes

in

accordance with the provisions of 35

III. Adm.

Code 702,

703,

724,

725

and

726.

Reporting

for

exports

of

hazardous

waste

is

not

required

on

the

annual

report

form.

A

separate

annual

report

requirement

is set forth at Section

722.156.

19.

Commencing

on

some

date

prior

to

April

12,

2001,

and

continuing thereafter to

some date known

to the Respondent,

Respondent operated

its facility in

such a manner so

as to

produce a waste from

its cupola scrubber and not determine if the waste was a

hazardous waste

in violation of Section 722.111

of the Pollution Control Board’s Hazardous Waste Regulations,

35

Ill. Adm.

Code 722.111

(2000),

and

Section 21

of the Act, 415

ILCS 5/212

(2002).

20.

Commencing

on

some

date

prior to

April

12,

2001,

and

continuing

thereafterto

some date

known to

the Respondent,

Respondent generated

hazardous waste, cupola scrubber

waste

and paint waste without placing the waste in containers, without marking on the containers

the date on which accumulation

of hazardous waste

began,

and

without marking the containers

-

--.

.-

--with.the.words “hazardous waste,” in violation of Section 722.134(a)(1),

(2) and (3) of the Pollution

Control Board’s Hazardous Waste Regulations,

35

Ill. Adm. Code 722.134(a)(1), (2) and

(3),

and

Section 21

of the Act, 415

ILCS

5/21

(2002).

.

-..-

21.

Commencing

on

some

date

prior to

April

12,

2001,

and

continuing thereafter to

some

date

known

to

the

Respondent,

Respondent caused

to

be

transported

from

its

facility

hazardous scrubber waste generated

by

its cupola scrubber without

a manifest, without keeping

copies of the

manifest, and

without

submitting annual

reports

of

hazardous

waste

shipped,

in

violation

of Section

722.120, 722,140

and

722.141

of the

Pollution

Control

Board’s Hazardous

Waste Regulations,

35 Ill. Adm. Code 722.120, 722.140 and 722.141

(2000), and Section 21 of the

Act, 415

ILCS 5/21 (2002).

22.

Commencing

on

some

date

prior to

April

12,

2001,

and

continuing thereafter to

some date known to the Respondent,

Respondent operated its facility so as to store and dispose

10

---

of a

hazardous waste,

its cupola scrubber waste, in such

a manner so

as to violate Section

21(e)

of the Act, 415 ILCS 5/21(e) (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;

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

($50,000.00)

foreach violation of the Act, and an additional penaltyoftenthousanddollars($1 0,000~0&)foreach

-

day during which each violation

has

continued

thereafter;

E.

Awarding

to Complainant its

costs and

reasonable attorney’s fees; and

F.

Granting such other relief

as the Board

may deem appropriate.

COUNTII

.

VIOLATIONS

OF THE ACT AND PART 725 INTERIM

FOR

TREATMENT STORAGE AND DISPOSAL FACILITIES

1-13.

Plaintiff realleges and incorporates

by reference paragraphs

1

through

13

of Count

1

as paragraphs

1

through

13

of this Count

II.

14.

Section

725.113(a)

and

(b)

of

the

Pollution

Control

Board’s

Hazardous

Waste

Regulations,

35

III.

Adm.

Code 725.113(a) and

(b) (2000),

provides as follows:

11

---

General Waste Analysis

(a)

Waste analysis:

1.

Before an owner or operator treats, stores, or disposes of

any

hazardous

wastes,

or

non-hazardous

wastes

if

applicable under Section 725.213(d), the owner or operator

shall obtain

a detailed

chemical

and

physical

analysis

of a

representative

sample

of

the wastes.

At

a

minimum,

the

analysis

must contain all the information that must be known

to

treat,

store,

or dispose

of the waste

in

accordance

with

this Part and 35

III. Adm.

Code 728.

2.

The analysis may include data developed

under 35

III. Adm.

Code 721

and existing published or documented data on the

hazardous

waste

or

on

waste

generated

from

similar

processes.

BOARD NOTE: For example, the facility’s record of analyses

performed on

the waste

before

the

effective date

of these

regulations

or

studies

conducted

on

hazardous

waste

generated

from

processes similar

to

that which generated

the waste

to

be managed-at-the-facility--may

be-included-in---

the data

base

required

to

comply with

subsection

(a)(1)

of

this Section, except

as

otherwise

specified

in

35

III.

Adm.

Code 728.107(b) and(c).

The owner or operator of an off-

site facility may arrange for the generator of the hazardous

waste

to

supply

part or

all

of

the

information

required

by

subsection

(a)(1) of this Section.

If the generator does not

supply the information and

the owner or operatorchooses to

accept

a

hazardous

waste,

the

oWner

or

operatOr

is

responsible for obtaining the information required to comply

with

this Section.

3.

The analysis must be repeated

as necessary to ensure that

it

is accurate

and

up

to

date.

At

a minimum, the analysis

must be

repeated:

A.

When the owner or operator is notified or has reason

to

believe

that the

process

or operation

generating

the

hazardous

waste,

or

non-hazardous

waste

if

applicable

under Section

725.21 3(d), has

changed;

and

B.

For

off-site

facilities,

when

the

results

of

the

inspection

required

in

subsection

(a)(4)

of

this

Section indicate that the hazardous waste received at

12

---

the facility

does not match the waste designated

on

the accompanying manifest or shipping paper.

4.

The owner or operator of an off-site facility shall inspect and,

if

necessary,

analyze

each hazardous waste movement

received

at the facility to

determine whether it matches the

identity of the waste specified on the accompanying manifest

or shipping

paper.

(b)

The

owner

or

operator

shall

develop

and

follow

a

written

waste

analysis

plan

that

describes

the

procedures

that

the

owner

or

operatorwill carry out to comply with

subsection (a) of this Section.

The

owner or operator

shall

keep

this

plan

at

the

facility.

At

a

minimum, the plan must specify:

1.

The

parameters for which

each

hazardous

waste, or non-

hazardous waste if applicable under Section 725.213(d), will

be

analyzed

and

the

rationale

for

the

selection

of

these

parameters

(i.e.,

how

analysis

for

these

parameters

will

provide

sufficient

information

on

the

waste’s

properties

to

comply with

subsection

(a) of this Section.

----2:--

—The--test-

methods--that--will

be-used-to

test

for

these

parameters.

-

.

The

sampling

method

that

will

be

used

to

obtain

a

representative

sample

of

the

waste

to

be

analyzed.

A

representative sample

may be obtained

using either:

A.

One

of

the

sampling

methods

described

in

35

III.

Adm.

Code 721 .Appendix A,

or

B.

An equivalent sampling

method.

BOARD

NOTE: See 35 III.

Adm. Code 720.120(c) for

related discussion.

4.

The frequency with which the initial analysis of the waste will

be

reviewed

or

repeated

to

ensure

that

the

analysis

is

accurate and up-to-date.

5.

For

off-site

facilities,

the

waste

analysesthat

hazardous

waste

generators have agreed to

supply.

6.

Where

applicable, the methods that will be used to meet the

additional

waste

analysis

requirements

for

specific

waste

management

methods,

as

specified

in

Sections

725.300,

725.325, 725.352, 725.373, 725.414, 725.441, 725.475,

13

---

725.502, 525.934(d), 725.963(d), and 725.984, and 35

III.

Adm. Code 728.107.

7.

For

surface

impoundments

exempted

from

land

disposal

restrictions

under

35

III.

Adm. Code

728.104(a),

the

procedures and schedules for:

A.

The sampling of impoundment contents;

B.

The analysis of test data; and

C.

The annual

removal of residues that are not delisted

under

35

III.

Adm.

Code

720.122

or that

exhibit

a

characteristic of hazardous waste and either:

Do

not

meet

the

applicable

treatment

standards

of 35

III.

Adm.

Code 728.Subpart

D,

or

ii.

Where

no

treatment

standards

have

been

established.

Such

residues

are

prohibited

from

land

disposal

under

35

Ill.

Adm.

Code

---

---

-

-------

72&t32--or-728.139;

8.

For owners and

operators seeking

an

exemption to

the

air

~~emissionstandards of

724.

Subpart

CC in

accordance with

Section

725.983:

A.

If

direct

measurement

is

used

for

the

waste

determination,

the

procedures

and

schedules

for

Wãste sampling and analysis, and the analysis of test

data to

verify the exemption.

B.

If

knowledge

of

the

waste

is

used

for

the

waste

determination,

any

information

prepared

by

the

facility

owner or operator, or by the generator of the

waste

if

the waste

is received

from

off-site,

that

is

used

as the

basis for knowledge of the waste.

13.

Section 725.115(a),

(b) and

(d) of the Pollution

Control Board’s Hazardous Waste

Regulations,

35

III. Adm.

Code 725.115(a),

(b)

and (d)

(2000),

provides as follows:

General

Inspection Requirements

(a)

The owner or operator shall inspect the facility for malfunctions and

deterioration,

operator errors and

discharges that may be causing

-

or may lead to

.

the conditions listed below.

The owner or operator

14

---

shall conductthese inspectionsoften enough to identify problems in

time

to

correct

them

before

they

harm

human

health

or

the

environment:

1.

Release of hazardous waste constituents to the environment;

or

2.

A threat to human

health.

(b)

Written schedule:

1.

The owner or

operator shall

develop

and

follow

a written

schedule for inspecting

all

monitoring equipment, safety and

emergency equipment, security devices, and operating

and

structural equipment

(such

as

dikes

and sump

pumps) that

are

important

to

preventing,

detecting,

or

responding

to

environmental or human health hazards.

2.

The owner or operatorshall keep this schedule at the facility.

3.

The

schedule

must

identify

the

types

of

problems

(e.g.,

malfunctions or deterioration) that are to be looked for during

-

-

~---~

~

the inspection

(e.g., inoperative sump pump,

leaking fitting,

eroding

dike,

etc.).

4.

The frequencyofinspection

may vary for thaitemson the

schedule.

However,

the frequency should

be

based on the

rate of deterioration of the equipment

and the probability of

an

environmental

or

human

health

incident

if

the

deterioration,

malfunction,

or

any

operator

error

goes

undetected

between

inspections.

Areas

sübject

to

spills,

such

as

loading

and

unloading

areas,

must

be

inspected

daily when muse.

At a

minimum,

the inspection

schedule

must include the items and frequencies called for in Sections

725.274,

725.293,

725.295,

725.326,

725.360,

725.378,

724.404,

725.447,

725.477,

725.503,

725.933,

725.952,

725.953,

725.958

and

725.984

through

725.990,

where

applicable.

(d)

The owner or operator shall record

inspections

in an

inspection

log

or summary.

The owner or operatorshall keep these records for at

least three years from the date

of inspection.

At a minimum, these

records must include the date and time of the inspection, the name

of the inspector,

a notation of the observations made and the date,

and

nature of any repairs or other remedial

actions.

15

---

15.

Section 725.116 of the Pollution Control Board’s HazardousWaste Regulations, 35

III. Adm. Code 725.116 (2000), provides as follows:

Personnel Training

(a)

1.

Facility personnel must successfully complete a program of

classroom instruction oron the job training that teaches them

to

perform

their

duties

in

a way

that

ensures the facility’s

compliance with the requirements of this

part.

The owner or

operator

must

ensure

that

this

program

includes

all

the

elements

described

in

the

document

required

under

paragraph (d)(3)

of this section.

2.

This

program

must

be

directed

by

a

person

trained

in

hazardouswaste managementprocedures, andmust

include

instructionwhich teaches facilitypersonnel hazardouswaste

management

procedures

(including

contingency

plan

implementation) relevant

to the positions

in

which they

are

employed.

3.

At

a

minimum,

the

training

program must

be

designed

to

-

—-ensure that facilitypersonnel are able to respond effectively

to

emergencies

by

familiarizing

them

with

emergency

procedures, emergencyequipment

and emergency systems,

including where applicable:

A.

Procedures

for

using,

inspecting,

repairing

and

replacing

facility-:

emergency

and

monitoring

equipment.

B.

Key

parameters

for

automatic

waste

feed

cut-off

systems;

C.

Communications of alarm systems;

D.

Response to fires or explosions;

E.

Response to

groundwater communication

incidents;

and

F.

Shutdown

of operations.

(b)

Facility personnel must successfully complete the program required

in

paragraph

(a)

of

this section

upon

the

effective

date

of these

regulations

or

six

months

after

the

date

of

their

employment

or

assignment to

a facility or to a

new position at a facility, whichever

is later.

Employees hired after the effective date of these regulations

16

---

must not work in unsupervised positions until they have completed

the training requirements of paragraph (a) of this section.

(c)

Facility

personnel must take part

in

an

annual

review of the

initial

training

required in

paragraph

(a) of this section.

(d)

The owner or operator must maintain the following documents and

records at the facility.

1.

The

job

title

for

each

position

at

the

facility

related

to

hazardous

waste

management

and

the

name

of

the

employee filling each job;

2.

A

written

job

description

for

each

position

listed

under

paragraph

(d)(1)

of this

section.

This description

may

be

consistent

in

its

degree

of

specificity

with

descriptions

for

other

similar

positions

in

the

same

company

location

or

bargaining unit,

butmust include the requisite skill,

education

or

other

qualifications

and

duties

of

facility

personnel

assigned

to each

position;

3.

A

written

description

of

the

type

and

amount

of

both

introductory and continuing training that will be given to each

person filling a

position listed

under paragraph (d)(1) of this

section;

4.

Records that

document that the training

or job

experience

required under paragraphs (a),

(b) and (c) of this section has

been given to

and

completed

by facility personnel.

(e)

Training

records on

current personnel

must be kept until closure

of

the facility.

Training recordson former employees must be kept for

at least three

years from the date the employee

last worked at the

facility.

Personnel

training

records

may

accompany

personnel

transferred

within the same company.

16.

Section 725.133 of the Pollution Control Board’s Hazardous Waste Regulations, 35

Ill. Adm.

Code 725.133 (2000),

provides as

follows:

Testing

and

Maintenance of

Equipment

All facility communications oralarm systems, fire protection equipment, spill

control equipment

and

decontamination

equipment,

where required,

must

be

tested

and

maintained as necessary

to

assure

its

proper operation

in

time of emergency.

17

---

18.

Section725.137 of the Pollution Control Board’s HazardousWaste Regulations, 35

III. Adm. Code 725.137 (2000), provides as follows:

Arrangements with

Local Authorities.

(a)

The

owner

or

operator

must

attempt

to

make

the

following

arrangements,

as appropriate for the type of waste

handled at his

facility and the potential needfor the services of these organizations:

1.

Arrangements

to

familiarize

police,

fire

departments

and

emergency response teams with the layout

of the

facility,

properties of hazardous waste handled

at the facility and

associated hazards, places where

facility

personnel

would

normally be

working,

entrances

to

roads

inside

the

facility

and

possible

evacuation

routes;

2.

Where

more

than

one

police

and

fire

department

might

respond to an emergency, agreements designating

primary

emergency

authority

to

specific

police

and

specific

fire

department

and

agreements

with

any

others

to

provide

support to the primary emergency authority;

3.

Agreements

with

State

emergency

response

teams,

emergency response contractors and

equipment suppliers;

and

4.

Arrangements

to

familiarize

local

hospitals

with

the

properties of hazardous waste handled at the facility and the

types

of

injuries

or

illnesses

which

could

result

from

fire,

explosions or releases at

the facility.

(b)

Where

state

or

local

authorities

decline

to

enter

into

such

arrangements, the owner or operator must document the refusal

in

the operating

record.

19.

Section 725.151

of the Pollution Control Board’s Hazardous Waste Regulations, 35

III.

Adm.

Code 725.151

(2000),

provides

as follows:

Purpose and

Implementation

of Contingency Plan

(a)

Each owner oroperator must have a contingency plan for his facility.

The contingency

plan

must

be

designed

to

minimize

hazards

to

human

health

or

the

environment

from

fires,

explosions

or

any

unplanned

sudden

or non-sudden

release

of hazardous

waste

or

hazardous waste constituents

to

air, soil

or surface water.

18

---

20.

Section 725.153 of the Pollution Control Board’s HazardousWaste Regulations, 35

III. Adm. Code 725.153 (2000), provides as follows:

Copies of contingency Plan

A copy of the contingency

plan

and

all

revisions

to the plan

must be:

(a)

Maintained

at the facility;

and

(b)

Submitted to all local police departments, fire departments,

hospitals

and state and

local emergency response teams that

may be

called

upon

to provide emergency services.

21.

Section 725.155 of the Pollution Control Board’s Hazardous Waste Regulations, 35

III. Adm.

Code 725.1555

(2000),

provides

as follows:

Emergency coordinator

At

all

times,

there

must

be

at

least

one

employee

either

on

the facility

premises or on call

(i.e., available

to respond to

an emergency by

reaching

the

facility

within

a

short

period

of

time)

with

the

responsibility

for

coordinating

all

emergency

response

measures.

This

emergency

coordinator

must

be

thoroughly

familiar

with

all

aspects

of

the

facility’s

-

--

-

cQnting~ncy

plan, all operations and activities at the facility, the location and

characteristics of waste handled, the

location of all records within the facility

and

the facility layout.

In

addition,

this

person must

have

the authority

to

commit the resources

needed to

carry out the contingency plan.

BOARD NOTE: The emergency coordinator’s responsibilities are more fully

spelled

out

in

Section

725.156.

Applicable

responsibilities

for

the

emergency coordinator vary, depending on factors such as type and variety

of waste(s) handled by the facility and

type and complexity of the facility.

22.

Section 725.173(a) of the Pollution Control Board’s Hazardous Waste Regulations,

35

III. Adm.

Code 725.173(a)

(2000),

provides as follows:

Operating

Record

(a)

The owner or operator shall

keep

a written

operating

record

at the

facility.

(b)

The following information must be recorded as it becomes available

and

maintained

in

the operating

record

until

closure of the facility.

19

---

(1)

A description and the quantity of each hazardous waste

received and the method or methods and date or dates of its

treatment,

storage,

or disposal at the facility as

required

by

Section

725.Appendix A;

(2)

The location of each hazardous waste within the facility and

the

quantity

at

each

location.

For

disposal

facilities

the

location

and

quantity

of

each

hazardous

waste

must

be

recorded on a map or diagram of each cell or disposal area.

For

all

facilities

this

information

must

include:

cross-

references

to

specific

manifest

document

numbers

if

the

waste was

accompanied

by a manifest;

BOARD

NOTE:

See

Sections

725.219,

725.379,

and

725.409 for

related requirements.

(3)

Recordsand results of waste analysis, waste determinations,

and

trial tests

performed

as

specified

in

Sections

725.113,

725.300,

725.325,

725.352,

725.373,

725.414,

725.441,

725.475, 725.502, 725.934, 725.963, and 725.984 and 35

III.

Adm.

Code 728.104(a) and 728.107;

(4)

Summary

reports

and

details

of

all

incidents

that

require

implementing

the contingency

plan

as

specified

in

Section

725.156(j);

(5)

Records and results of inspections

as required

by

Sections

725.115(d)

(except

these

data

need

be

kept

only

three

years);

(6)

Monitoring,

testing,

or

analytical

data

where

required

by

Subpart

F

of

this

Part

or

Sections

725.119,

725.190,

725.194,

725.291,

725.293,

725.295,

725.322,

725.323,

725.326,

725.355,

725.359,

725.360,

725.376,

725.378,

725.380(d)(1), 725.402 through 725.404, 725.447, 725.477,

725.

934(c)

through

(f),

725,935,

725.963(d)

through

(i),

725.964,

and 725.1083 through 725.990;

BOARD

NOTE: As required

by Section 725.194, monitoring

data

at disposal facilities

must be

kept throughout the post-

closure period.

(7)

All

closure

cost

estimates

under Section

725.242

and,

for

disposal

facilities,

all

post-closure

cost

estimates

under

Section 725.244;

(8)

Records of the quantities

(and

date

of placement) for each

shipment of

hazardous waste

placed

in

land

disposal

units

20

---

under an extension of the effective date of any land disposal

restriction granted pursuant to 35111. Adm. Code 728.104, a

petition

pursuant

to 35

III. Adm. Code

728.106,

or

a

certification under 35

III. Adm. Code 728.108 and

the

applicable

notice required of a generator under

35

III. Adm.

Code 728.107(a);

(9)

For an off-site treatmentfacility,

a copy of the notice and the

certification and demonstration, if applicable, required

of the

generator or the owner or operator under

35

Ill. Adm.

Code

728.107 or 728.108;

(10)

For an on-site treatment facility, the information

contained in

the notice (except the manifest number) and the certification

and demonstration, if applicable, required of the generator or

the

owner or operator under

35

III.

Adm.

Code

728.107 or

728.108;

(11)

For an off-site

land disposal facility,

a copy of the notice and

the certifications

and

demonstration,

if applicable,

required

of

the

generator

or the

owner or

operator of

a treatment

facility under 35

Ill.

Adm.

Code 728.107 or 728.108;

(12)

For

an

on-site

land

disposal

facility,

the

information

contained

in the notice required of the generator or owner or

operator

of

a

treatment facility

under

35

III.

Ad

Cod

728.107,

except

for

the

manifest

number,

and

the

certification and demonstration, if applicable, required

under

35111. Adm.

Code 728.107 or 728.108;

(13)

For an

off-site

storage facility, a

copy of the notice and

the

certification and demonstration, if applicable, required of the

generator or the owner or operator under

35

III.

Adm.

Code

728.107

or 728.108; and

(14)

For an on-site

storage facility,

the information

contained

in

the notice (except the manifest number) and the certification

and demonstration, ifapplicable, required of the generator or

the owner or operator under

35

Ill.

Adm.

Code 728.107

or

728.108.

23.

Section 725.175 ofthe Pollution Control Board’s HazardousWaste Regulations, 35

III. Adm.

Code 725.175

(2000),

provides:

21

---

Annual Report.

Theownerand operatorshall prepareand submita single-copy ofan annual

report to the Agency by March

1

of each year.

The report form and

instructions

supplied

by

the

Agency

must

be

used

for

this

report.

The

annual report must cover facility activities during

the previous calendar year

and

must include

the following

information:

(a)

The USEPA identification number (Section

725.111),

name

and

address of the facility;

(b)

The calendar year covered

by the report;

(c)

For off-site

facilities, the USEPA

identification number of each

hazardous waste

generator from which

the

facility received

a

hazardouswaste during

the year for imported shipments, the report

must

give the name and address of the foreign generator,

(d)

A description and

the quantity of each

hazardous waste the facility

received during the year.

For off-site facilities this information must

be

listed

by USEPA identification

number of each generator;

(e)

The method

of treatment,

storage or disposal

for eachhazardous~

-

waste;

--

(f)

Monitoring data under Section 725.194(a)(2)(B) and (C) and (b)(2)

where required;

(g)

the most recent closure cost estimate under Section 725.242 and for

disposal facilities the

most recent

post-closure cost estimate under

Section 725.244;

(h)

Forgenerators which treat, store or dispose ofhazardous waste on-

site, a description ofthe efforts undertaken during theyear to reduce

the volume and toxicity of the waste generated;

(i)

Forgenerators which treat, store or dispose ofhazardous waste on-

site,

a description

of the changes

in

volume

and

toxicity of waste

actually achieved during

the year in

comparison to

previous years,

to

the extent such

information

is available for years prior to

1984;

and

The certification signed by the owner oroperator of the facility or the

owner or operator’s authorized representative.

24.

Section 725.21 2(a) of the Pollution Control Board’s HazardousWaste Regulations,

35

III.

Adm.

Code 725.212(a)

(2000),

provides as follows:

22

---

Closure Plan; Amendment of Plan

(a)

Written plan.

Within six months after the effective date of the rule

that first subjects a facility to provisions of this Section, the owner or

operator of a hazardous waste management facility shall have a

written closure plan.

Until final closure

is completedand certified in

accordance

with

Section

725.21 5,

a copy of the most current

plan

must be furnished

to the Agency upon request including

request by

mail.

In addition, for facilities without approved plans, it must also be

provided

during

site

inspections

on

the

day

of

inspection

to

any

officer, employee,

or representative of the Agency.

25.

Section 725.218(a) of the Pollution Control Board’s Hazardous Waste Regulations,

35

Ill. Adm. Code 725.218(a) (2000), provides:

Post-Closure

Care

Plan; Amendment of

Plan

(a)

Written Plan.

The owner or operator of a hazardous waste disposal

unit

shall

have

a

written

post-closure

care

plan.

An

owner

or

operator of

a

surface

impoundment or waste

pile that

intends

to

remove

all hazardous wastes at closure shall prepare a post-closure

care

plan

and submit it-to the-Agency-within-90 days- after the date

that theowner or operator orAgency

determines that the hazardous

waste

management

unit

or facility

must

be

closed

as

a

landfill,

subject

to the requirements

of Sections

725.217 through 725.220.

26.

Section 725.242(a) of the Pollution Control Board’s HazardousWaste Regulations,

35

III.

Adm.

Code 725.242(a)

(2000), provides:

Cost Estimate for Closure

(a)

The

owner or

operator

shall

have

a

detailed

written

estimate,

in

current dollars,

of the cost of closing

the facility in

accordance with

the requirements in Sections 725.21 through 725.215 and applicable

closure

requirements

of Sections 725.278,

725.297, 725.328,

725.358,

725.380,

725.410,

725.451,

725.481,

725.504 and

725.1102.

27.

Section 725.243(a) ofthe PollutionControl Board’s HazardousWaste Regulations,

35

III. Adm. Code 725.243(a) (2000), provides:

23

---

Financial Assurance for Closure

An owner or operator ofeach facility shall establish financial assurance for

closure ofthe facility. The owner or operatorshall choose from the options

as specified in subsections (a) through (e), below:

28.

Section 725.274 ofthe Pollution Control Board’s HazardousWaste Regulations, 35

Ill. Adm. Code 725.274 (2000), provides:

Inspections

The owner or operator shall inspect areas where containers are stored at

least weekly, looking for leaks and for deterioration caused by corrosion or

other factors.

29.

Section 725.401(a) of the Pollution Control Board’s HazardousWaste Regulations,

35

III. Adm. Code 725.401(a) (2000), provides:

Design

Requirements

(a)

Theowner oroperatorofeachnew.

IandfilLuniionwhich construction.

commences

after January 29,

1992,

each

lateral expansion of

a

landfill unit on

which construction commences after July 29,

1992,

and each replacement of an exisUng landfill

unit that is to commence

reuse

after

July

29,

1992,

shall

install

two

or

more

liners

and

a

leachate

collection

and

removal

system

above

and

between

such

liners, and operate the leachate collection

and

removal systems,

in

accordance with

35

II. Adm. Code724.401(c), unless exempted by

35

III.Adm. Code 724.401(d), (e) or (f):--”Constructioncommences”

is as defined in 35111. Adm. Code 720.110 under “existing facility.”

30.

Commencing

on

some date

prior

to

April

12,

2001,

and continuing thereafter to

some date known to the Respondent, Respondent failed to analyze the waste produced by the

cupola scrubber as required

by Section 725.113(a) and

(b) of the Pollution Control Board’s

Hazardous Waste Regulations, 35

Ill. Adm. Code 725.113(a) and (b) (2000), and

in violation of

Section

21

of the Act, 415

ILCS 5/21

(2002).

31.

Commencing

on

some

date

prior to

April

12,

2001,

and

continuing thereafter

to

some

date

known

to

the

Respondent,

Respondent failed

to

inspect

its facility, failed

to

have

a

schedule for inspections and failed to maintain an inspection as

required and

in violation of Section

24

---

725.115(a)(b)and (d)of the Pollution Control Board’s Hazardous Waste Regulations, 35111. Adm.

Code 725.115(a)(b) and (d) (2000), and Section 21 of the Act, 415 ILCS 5/21 (2002).

32.

Commencing on

some

date

prior to

April

12,

2002,

and continuing thereafter to

some

date

known

to

the

Respondent,

Respondent

operated

its

facility

without first training

its

personnel

as

required

by

and

in

violation

of

Section

725.116

of

the

Pollution

Control

Board’s

Hazardous Waste Regulations, 35111.Adm. Code 725.116 (2000), and Section 21 of the Act, 415

ILCS 5/21 (2002).

33.

Commencing on some

date

prior

to

April

12,

2002,

and

continuing

thereafter to

some

date

known

to

the

Respondent,

Respondent

operated

its

facility

without

testing

and

maintaining its equipment as required by and

in violation of Section 725.133 of the Pollution Control

Board’s Hazardous Waste Regulations, 35111. Adm. Code725.133 (2000), and Section 21 of the

Act,415 ILCS 5/21(2002)

.~__

34.

Commencing

on

some

date

prior to

April

12,

2001, and continuing thereafter to

some date known to thè Respondent,

Respondent operated its facility without first attempting

to

makearrangements with local authorities as required by and in violation of Section 725.137 of the

Pollution

Control

Board’s HazardousWaste Regulations,-

35

Ill.

Adm.

Code 725.137

(2000), and

Section 21

of the Act, 415

ILCS 5/21

(2002).

35.

Commencing on some date prior to April 12, 2001, and continuing thereafter to

some date known to the Respondent, Respondent

operated its facility without first developing and

providing and maintaining fora

contingency plan as required by and in violation of Section 725.151

and 725.153 of the Pollution Control Board’s Hazardous Waste Regulations, 35

III.

Adm.

Code

725.151

and

725.153 (2000),

and

Section

21

of the Act, 415

ILCS 5/21

(2002).

36.

Commencing

on

some

date

prior to

April

12,

2001,

and

continuing thereafter

to

some date known to the Respondent, Respondent operated its facilitywithout providing for an on

25

---

scene Emergency Coordinator as required by and in violation of Section 725.155 of the Pollution

Control Board’s HazardousWaste Regulations, 35

III. Adm. Code725.155 (2000), and Section 21

of the Act, 415 ILCS 5/21 (2002).

37.

Commencing

on

some

date

prior to

April

12, 2001,

and continuing thereafter to

some date

known to

the Respondent,

Respondent operated

its facility without

keeping a written

operating

record as required by and

in violation of Section 725.173 of the Pollution Control Board’s

HazardousWaste Regulations, 353 III. Adm. Code725.173 (2000), and Section 21 ofthe Act,415

ILCS5/21 (2002).

38.

Commencing

on

some

date

prior to

April

12,

2001,

and

continuing thereafter to

some date known to the Respondent, Respondent operated

its facility without submitting an annual

reportas required byand inviolation of Section 725.175of the Pollution

Control Board’s Hazardous

Waste Regulatioris-,--35l-II.-Adm.-Code-Section725.175(2000),andSection 21

oftheAct, 415 ILCS

5/21

(2002).

39.

Commencing on some date prior to April 12, 2001, andcontinuing thereafter to

some date known

to the Respondent,

Respondent operated its facility without providing a closure

plan, a post-closure care plan, and without providing a cost estimate and financial assurance for

closure

as

required

by

and

in

violation

of

Sections

725.212(a),

725.218(a),

725.242(a)

and

725.243(a) of the Pollution Control Board’s Hazardous Waste Regulations, 35

Ill. Adm. Code

725.212(a), 725.218(a), 725.242(a) and 725.243(a) (2000), and Section 21 of the Act, 415 ILCS

5/21(a) (2002).

40.

Commencing

on

some

date

prior

to April

12, 2001,

and continuing thereafter to

some

date

known

to

the

Respondent,

Respondent

operated

its

facility

without

conducting

inspections as required by and in violation of Section 725.274 of

the Pollution

Control

Board’s

26

---

Hazardous Waste Regulations, 35

III. Adm. Code725.274 (2000), and Section 21 of the act, 415

ILCS5/21 (2002).

41.

Commencing on some date prior to April 12, 2001, and continuing thereafter to

some date known to the Respondent, Respondent operated its facility without installing two

ormore

liners and

a leachate

collection and

removal system beneath the scrubber sludge as required by

and

in

violation

of

Section 725.401(a)

of the

Pollution Control Board’s Hazardous Waste

Regulations, 35

III.Adm. Code725.401(a) (2000), and Section 21 ofthe Act,415 ILCS4/21 (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

toanswer.theaIegationsherein;

B.

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

C.

Ordering Respondent to cease and

desist frOm àñ~’

furthëñuiblátoñ~Oftfte Act and

associated

regulations;

-.

0.

Assessing against Respondent a civil penalty of fifty thousand dollars ($50,000.00)

for each violation of theAct, and an additional penalty of ten thousand dollars ($10,000.00) for each

day during which each violation has continued thereafter;

E.

Awarding

to

Complainant its costs and

reasonable attorney’s fees;

and

F.

Granting such other relief as the Board may deem appropriate.

27

---

FAILURE TO MANAGE WASTE AS A SPECIAL WASTE

1-7.

Plaintiff realleges and incorporates herein by reference paragraphs

1 through 7 of

Count

I as paragraphs

1 through 7 of this Count

Ill.

8.

Section 22.48 of the Act, 415 ILCS 5/22.48

(2002),

provides,

in

pertinent part,

as

follows:

Non-special waste certification; effect on permit.

(a)

An industrial process waste or pollution control waste not within the

exception

set

forth

in

subdivision

(2) of subsection

(c) of

Section

3.45

of

this

Act

must

be

managed

as

special

waste

unless

the

generator first certifies in a signed, dated, written statement that the

waste

is outside the scope of the categories listed

in subdivisions (1)

of subsection (c) of Section 3.45 of this Act.

(b)

All

information

used

to

determine

that

the

waste

is

not

a

special

waste

shall

be

attached

to

the certification.

The

information

shall

include

but not be

limited to:

(1)

the means

by which the generator has

determined

that the

waste

is not a

hazardous waste;

(2)

the means

by which the generator

has determined

that the

waste

is not a

liquid;

(3)

if the waste undergoes testing, the analytic results

obtained

from testing, signed and dated by the person responsible for

completing

the analysis;

(4)

if the waste does

not undergo testing, an

explanation

as to

why no testing

is

needed;

(5)

a description of the process generating the waste;

and

(6)

relevant Material

Data Safety Sheets.

(c)

Certification

made

pursuant to

this

Section

shall

be

effective from

the date

signed

until there

is

a change in

the generator,

in

the

raw

materials used,

or in the process generating the waste.

28

---

(d)

Certification made pursuant

to

this

Section, with •the

requisite

attachments, shall be maintained by the certifying generatorwhile

effectiveand forat least3 years following achange in the generator,

a change in the raw materials used, or a change in or termination of

the process generating the waste. The generator shall provide a

copy of the certification, upon request by the Agency, the waste

hauler, or the operator ofthe facility receivingthe waste for storage,

treatment,

or

disposal,

to

the

party

requesting

the

copy.

If

the

Agency believes that the waste that is the subject of the certification

has

been

inaccurately

certified

to,

the

Agency

may

require

the

generator to analytically test the waste for the constituent believed

to

be

present and

provide

the Agency

with

a

copy

of the analytic

resu Its.

9.

Section 808.121 (a) of the Board’s Land Pollution Regulations,

35

III.

Adm.

Code

808.121 (a) (2000), provides as follows:

Generator Obligations

(a)

Each

person

who

generates waste

shall

determine

whether

the

waste is a special waste.

BOARD NOTE:

35

III. Adm.

Code

722

requires the person to

also

determine if the waste is a hazardouswaste.

10.

Commencing ôñ

so?nëdàiépddfibA~ril12,

2001,

and

continuing thereafter to

some date known by the Respondent, Respondent operated

its

facility so as to dispose

of

baghouse

dust and

cupola scrubber waste

generated

by its facility as non-special

waste in

and

without first certifying the waste is a non-special waste in violation of Section 22.48

of the Act, 415

ILCS

5/22.48 (2002)and Section 808.121(a)

of

the Board’s Land Pollution Regulations, 35

III. Adm.

Code 808.121 (a)

(2000).

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;

29

---

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 ($50,000.00)

for each violation of the Act, and an additional penaltyoften thousand dollars ($10,000.00) for each

day during which each violation

has

continued

thereafter;

E.

Awarding

to Complainant

its costs and

reasonable attorney’s fees;

and

F.

Granting

such

other relief as the

Board

may

deem

appropriate.

HAZARDOUS

WASTE

VIOLATION

OF THE ACT AND PART 703

-

RCRA

PERMIT PROGRAM

1-13.

Complainant

realleges and

incorporates

by reference paragraphs

1

through

13

of

Count las

paragraphs lthrough l3of this Count IV.

-

14.

Section 703.121 (a) of the Pollution Control Board’s Hazardous Waste

Regulations,

35

III.

Adm.

Code 703.121(a)

(2000),

provides:

RCRA Permits

(a)

No person shall conduct any hazardous waste

storage,

hazardous

waste treatment or hazardous waste disposal operation:

(1)

Without

a

RCRA

permit

for

the

HWM

(hazardous

waste

management) facility; or

(2)

In violation

of any condition

imposed

by a RCRA permit;

15.

Section 703.150 of the Pollution Control Board’s Hazardous Waste Regulations, 35

Ill.

Adm.

Code 703.150 (2000),

provides:

Application by Existing

HWM Facilities and

Interim Status Qualifications

30

---

(a)

The

owner or operator of

an

existing HWM facility or of

an

HWM

facility in

existence

on

the effective date of statutory

or regulatory

amendments that render the facility subject to the requirement to

have a RCRA permit

must submit Part A of the permit application to

the Agency no later than the following times, whichever comes first:

(1)

Six months after the date

of publication of regulations which

first require the owner or operator to comply with

standards

in

35

III.

Adm.

Code 725 or 726;

or

(2)

Thirty

days

after

the

date

the

owner

or

operator

first

becomes subject

to the standards

in 35

III.

Adm. Code

725

or 726;

or

(3)

For generators which

generate

greater than

100

kilograms

but

less

than

1000

kilograms

of

hazardous

waste

in

a

calender

month and

treat, store or dispose of these wastes

on-site,

by March 24,

1987.

16.

Commencing

on

some

date

prior to

April

12,

2001,

and

continuing thereafter to

some date known

to the Respondent,

Respondentoperated a hazardous waste facility, storing

or

disposing of hazardous waste without submitting

a RCRA Part A permit application and without

a

-

.

RCRAperrnitinviolaUon of

Section

703.121 (a)

and

703.150

of

the

Board’s Hazardous

Waste

Regulations,

35

III.

Adm.

Code 703.121(a)

and 703.150

(2000),

and

Section

21

of the Act, 415

ILCS 5/21

(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;

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;

31

---

D.

Assessing against Respondent a civil penalty of fiftythousand dollars ($50,000.00)

for each violation of the Act, and an additional penaltyoften thousand dollars ($10,000.00) for each

day during which each violation has

continued thereafter;

E.

Awarding

to Complainant its costs and

reasonable attorney’s fees;

and

F.

Granting

such other relief as the

Board

may deem appropriate.

Respectfully submitted,

PEOPLE OF THE

STATE OF ILLINOIS,

ex

re/.

LISA MAD IGAN, Attorney General

of tha State of Illinois

MATTHEW J.

DUNN, Chief

Environmental

Enforcement/Asbestos

Litigation

Division

BY~

______________________

THOMAS DAVIS,

Chief

Environmental

Bureau

Assistant Attorney General

OfCounsél:

-

DELBERT D.

HASCHEMEYER

Assistant Attorney General

500

South Second Street

Springfield,

Illinois

62706

217/782-9031

Dated:

February 4, 2004

32