/
V.-
OFFICE
OF THE A1TORNEY GENERAL
STATE OF ILLINOIS
RECE
WED
CLERK’S OFFICE
MAY
2
12004
STATE OF ILLINOIS
Pollution Control Board
The Honorable
Dorothy Gunn
Illinois Pollution Control
Board
James
R. Thompson Center, Ste.
11-500
100 West
Randolph
Chicago,
Illinois 60601
May
18, 2004
Re:
People v. All States Painting, 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
consideration.
JB/pp
Enclosures
Very truly yours,
nnifer Bonkowski
Environmental Bureau
500
South
Second Street
Springfield,
Illinois
62706
(217)
782-9031
500 South
Second Street,
Springfield.
Illinois
62706
•
(217) 782-1090
•
‘l’TY:
(217)
785-2771
•
Fax:
(217)
782-7046
100
\Vest
Randolph
Street. Chicago.
Illinois
60601
•
(312)
814—300(1
•
~l’TY:(312)
814—3374
•
Fax:
(312)
814—3806
1001
East
Main,
Carbondale,
Illinois
629(11
•
(618)
529—640(1
•
T’l’Y:
(61$)
529—6403
•
Fax: (618)
529—6416
Lisa Madigan
ATTORNEY GENERAL
I~~°Y)
1~w~ctc-’
RECE~VED
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
PEOPLE OF THE STATE OF
)
MAY21
2004
ILLINOIS,
)
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
LJ~O
vs.
)
PCBNo.
0
‘
)
(Enforcement)
ALL
STATES PAINTING, INC.,
)
Respondent.
NOTICE OF FILING
To:
Ronald
DeSyllas
Registered Agent
All
States
Painting,
Inc.
P.O.
Box
110
Alexander,
IL 62601
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 to 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
(2002),
to
correct the pollution alleged
in
the Complaint filed
in
this case.
Respecifully 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:____________
()
JENNIF~IERBONKOWSKI
Assistant Attorney General
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: May 18, 2004
2
CERTIFICATE OF SERVICE
I
hereby certify that
I
did
on
May 18,
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
COMPLAI NT:
To:
Ronald
DeSylIas
Registered Agent
All States
Painting,
Inc.
P.O.
Box 110
Alexander,
IL 62601
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
V
Chicago,
Illinois 60601
A copy was also sent by First Class
Mail with postage thereon fully prepaid
to:
Jeryl
Olson
Seyfarth Shaw,
LLP
55
East Monroe Street
Suite 4200
Chicago,
IL 60603-5803
nnifer B~nkowski
;istant Attorney General
This filing is submitted
on
recycled paper.
RECEgVE~
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
MAY
212004
PEOPLE OF THE
STATE OF ILLINOIS,
)
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
-vs-
).
PCB No.
)
(Enforcement)
ALL STATES PAINTING,
INC.,
)
Respondent.
)
APPEARANCE
I, JENNIFER BONKOWSKI, Assistant
Attorney General of the State of Illinois, hereby
file
my appearance on behalf of the Complainant,
PEOPLE OF THE
STATE OF ILLINOIS.
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:_________
~NNIFE
BONKOWSKI,
~ssistantAttorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
_______
RECEIVED
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
CLERK’S OFFICE
PEOPLE OF THE STATE
OF ILLINOIS,
)
MAY 212004
)
STATE OF ILLINOIS
Complainant,
)
V
Pollution Control Board
)
,\LL.Q
-vs-
)
PCB No.
(11
)
(Enforcement)
)
ALL STATES
PAINTING, INC.,
)
)
Respondent.
)
COMPLAINT
Complainant,
PEOPLE OF THE
STATE OF ILLINOIS,
by
LISA MADIGAN, Attorney
General of the State of
Illinois, and
at the request of the ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
complains of the Respondent,
ALL STATES
PAINTING,
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.
The Complaint is brought pursuant to
Section
31
of the Act,
415
ILCS
5/31
(2002), after providing the
Respondent with
notice
and
opportunity for a meeting
with the
Illinois
EPA.
4.
Respondent, All
States Painting,
Inc.
(“All
States”),
is an
Illinois corporation
in
good standing, located
in Alexander,
Morgan County,
Illinois.
Its registered agent is Ronald
Desyllas, All
States
Painting,
Inc.,
P.O.
Box 110, Alexander,
Illinois 62601.
5.
At all
times relevant to
this Complaint,
All States
has
been a contractor hired
by
the
Illinois
Department of Transportation (“IDOT”) for
bridge painting.
From the interviews
of
lOOT personnel and
All
States, the Illinois EPA learned that a
bridge painting
project
began in
the summer 2002 at the Route
104
Bridge over the Illinois River by All-States.
The project
began with the initial wet blasting of approximately 430,000 square feet of steel
and the
subsequent applications of a gray zinc-based
rust proof primer,
a white epoxy intermediate
primer,
and
a blue oil-based,
polyurethane finish coat.
Airless spray
guns and
pump delivery
system
were
used to
apply the coatings.
6.
On June
19,
2003, the
Illinois
EPA received
a complaint of paint over spray from
the Route
104
Bridge over the Illinois
River, near
Meredosia,
Illinois.
The complainant stated
that
on June
18,
2003,
he observed
a blue film
in the water after placing
his
boat into
the
Illinois
River at
the Meredosia
boat ramp,
and that the
blue paint left marks
on
his
boat.
7.
Later that day on June
19, 2003,
Illinois
EPA inspectors visited the site, and
observed
blue
paint
in the water and paint residue along
the river
bank.
The inspectors
observed four painters
using airless spray guns
to spray blue paint on
the east half of the
bridge.
The inspectors further noted
that there were no tarps near the areas
being
sprayed,
and
estimated
that
half of the paint being
sprayed was
emitted to the air rather than
adhering to
the surface of the bridge.
8.
While
on
site on June
19,
2003,
the Illinois EPA
inspectors spoke with
a
representative of All
States, who stated that the company
had
received
complaints regarding
the over-spray on vehicles.
2
9.
On
June 20, 2003,
a
representative of lOOT informed the Illinois
EPA that a
ruptured paint line caused the spill of
blue paint into the
river.
10.
On June 23, 2003, the Illinois
EPA received another complaint regarding
over
spray from the Route
104
Bridge.
The complainant stated that on
June 20, 2003,
he
observed
over-spray falling into the river, and
that the paint in the river
left marks
on his
boat.
The
complainant also
noted that All
States was
not using tarps to
control the over spray.
11.
On June 24,
2003,
Illinois
EPA inspectors
again
visited
the site,
observing over-
spray from the bridge falling
into
the Illinois
River.
Illinois
EPA inspectors noted containment
with
drift screening
in place
on the underside
of the bridge decking
on the eastern span,
and
tarp
rigging on
the side of the bridge adjacent to
the Village of Meredosia.
However,
no tarping
or containment was
in
place
near the center
span where the workers were
painting.
Over-spray
was visible to the
Illinois EPA inspectors.
The inspectors again
noted the presence of blue
paint
in the river and
blue foam at the public boat ramp south of Route
104.
12.
On June
24, 2003,
a representative of All
States
stated that the tarps referenced
in paragraph
11
were added
after numerous complaints
of paint damage
to vehicles and
nearby
buildings.
In
addition, the All
States
representative admitted that a fitting on
a
pressurized
airline broke,
causing
the spill of approximately one gallon of blue paint.
While on site,
the
Illinois
EPA
inspector noted the contents of the paint buckets at the site.
Subsequent to the site
visit, the
Illinois EPA
inspector attained the data sheets
and MSDS for the Sherwin Williams
paint that was used
to
paint the bridge.
A white
epoxy was first sprayed onto the bridge,
followed
by a blue oil-based polyurethane finish coat.
Part A of the white epoxy contained 2.09
lbs/ga! of VOC, and
Part
B of the white
epoxy contained
1 .67 lbs/gal of VOC.
The
blue paint
was
composed of ACROLON
218
HS Acrylic
Polyurethane Gloss, with
a VOC content of 2.82
lbs/gal.
3
13.
On June 25, 2003,
the
Illinois EPA inspectors met with
representatives of All
States
and
IDOT to discuss future
actions to
prevent the over-spray from the bridge.
14.
On
July
1,
2003,
the Illinois EPA issued
a Violation
Notice
(“VN”) to
All
States.
15.
All
States submitted
a
proposed Compliance Commitment Agreement (“CCA”)
on July 11,
2003,
stating that
it had
taken steps to
contain the over-spray after meeting with
Illinois
EPA officials.
The Illinois
EPA rejected the proposed
CCA on
August 11,
2003.
16.
On September
17, 2003,
the Illinois EPA issued
a
Notice of Intent to
Pursue
Legal Action (“NITPLA”) letter to
All States.
17.
Section
9(a) of the Act, 415
ILCS 5/9(a)
(2002),
provides:
No
person shall:
a.
Cause or threaten
or allow the discharge
or
emission of any contaminant into the environment
in
any State so as to cause or tend
to cause air
pollution
in
Illinois, either alone or
in combination
with
contaminants from
other sources, or so as to
violate regulations or standards adopted by the
Board
under this Act;
V
18.
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 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.
19.
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.
20.
Section 201.141
of the Board’s Air Pollution
Regulations,
35
Ill. Admin.
Code
201.141, provides:
4
No
person shall cause or threaten or allow the discharge or
emission
of any contaminant into the environment
in
any State so
as,
either alone or in
combination with
contaminants from other
sources, to
cause or tend
to
cause air pollution
in
Illinois, or so
as
to
violate the provisions
of this
Chapter,
or so as
to
prevent the
attainment or maintenance of any applicable ambient air quality
standard.
21.
By causing, threatening
or allowing
the discharge
or emission
of any
contaminant into the air of the State,
All
States has violated Section
9(a)
of the Act, 415
ILCS
5/9(a) (2002),
and
Section
201.141
of the Board’s Air Pollution Regulations,
35
III.
Admin.
Code
201. 141.
PRAYER
FOR RELIEF
WHEREFORE,
Complainant, the People of the State of Illinois, respectfully request that
the
Board
enter an order against the Respondent,
All States
Painting,
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;
0.
Pursuant to Section 42(a)
of the Act, 415 ILCS 5/42(a)
(2002),
impose a
civil
penalty of not more than the statutory maximum;
E.
Pursuant to
Section 42(f) of the
Act, 415
ILCS 5/42(f)
(2002),
awarding
to
Complainant its costs
and reasonable attorney fees;
and
F.
Granting such
other relief as
the
Board
may deem appropriate.
5
COUNT II
WATER POLLUTION
1-17.
Complainant realleges and
incorporates
herein by reference paragraphs
1
through
16
and
19
of Count las
paragraphs I
through
17 of this Count
II.
18.
Section
12(a) of the Act, 415 ILCS 5/12(a) (2002),
provides, as follows:
No
person
shall:
a.
Cause or threaten
or allow the discharge of any
contaminants
into the environment
in any State so
as to
cause or tend
to cause water
pollution in
Illinois, either alone or in combination with
matter
from other sources, or so as to violate regulations
or standards
adopted
by the Pollution Control
Board
under this Act;
19.
Section 3.545 of the Act, 415 ILCS 5/3.545 (2002),
contains the following
definition:
‘WATER POLLUTION’ is such alteration
of the physical, thermal,
chemical, biological,
or radioactive properties of any waters of the
State,
or such discharge of any contaminant into any waters
of the
State,
as will or is likely to create a
nuisance or render such water
harmful or detrimental or injurious to
public health,
safety or
welfare,
or to domestic,
commercial, industrial, agricultural,
recreational,
or other legitimate
uses, or to
livestock, wild animals,
birds, fish, or other aquatic
life.
20.
Section 3.550 of the Act, 415
ILCS 5/3.550 (2002),
contains the following
definition:
‘WATERS’ means all accumulations of water, surface and
underground, natural and
artificial,
public and
private,
or parts
thereof, which are wholly or partially within,
flow through, or border
upon this
State.
6
21.
The Illinois
River is a “water” of the State as that term
is defined
in Section
3.550
of the Act, 415
ILCS
5/3.550 (2002).
22.
The Respondent, All
States,
has caused,
allowed, or threatened the discharge of
contaminants to waters of the State so as to
cause or tend
to cause water pollution in
Illinois or
to
violate the Board’s regulations or standards through the discharge of paint
to the
Illinois
River.
23.
The discharges
of contaminants from
the Respondent’s
bridge painting have
caused, threatened
or allowed water pollution
in that such
discharges have
likely rendered the
waters
of the State
harmful or detrimental or injurious to
public health,
safety or welfare,
or to
agricultural, recreational,
or other legitimate uses, or to
livestock, wild animals, birds,
fish or
other aquatic life and
have
likely created
a nuisance.
24.
By causing, allowing
or threatening the discharge
of contaminants
to waters of
the
State so as to
cause or tend
to cause water pollution
in
Illinois
or to
violate the Board’s
regulations or standards,
the Respondent has violated
Section
12(a) of the Act, 415
ILCS
5/12(a)
(2002).
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the
Board
enter an
order against the Respondent,
All States
Painting,
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;
7
/
0.
Pursuant to
Section 42(a) of the Act, 415 ILCS 5/42(a)
(2002),
impose
a civil
penalty of
not more than the statutory maximum;
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2002),
awarding
to
Complainant its costs and
reasonable attorney fees; and
F.
Granting
such
other relief as the Board may deem
appropriate.
COUNT Ill
WATER POLLUTION
HAZARD
1-17.
Complainant
realleges and
incorporates
herein
by reference paragraphs
1
through
16
and
19 of
Count las paragraphs
1
through
17 of this Count
III.
18-20.
Complainant realleges and
incorporates
herein by reference paragraphs
19
through 21
of Count
II
as paragraphs
18
through 20 of this Count Ill.
21.
Section
12(d)
of the Act, 415 ILCS 5/12(d)
(2002),
provides as follows:
No
person shall:
***
d.
Deposit any contaminants upon the
land in
such
place and
manner so as to
create
a water pollution
hazard;
***
22.
The Respondent, All
States,
has caused
or allowed
a blue foam or residue to
remain on the river bank for a period
of several
days.
In
so doing, the Respondent caused or
allowed contaminants to
be deposited
upon the
land
in
such place
and
manner as to
create
a
water pollution
hazard through
its proximity to the
Illinois
River.
23.
By depositing contaminants
upon the
land
in such
place and
manner
as to
create
a water pollution hazard,
the Respondent has
violated Section
12(d) of the Act,
415
LOS
5/12(d)
(2002).
8
—
~
~
-
—
PRAYERFORRELIEF~
~-
--
WHEREFORE,
CornpIainant-~
the People of the State of illinois,
respectful(y request that
V
the
Board enter an order against the Respondent, All States
Painting,
Inc.:
V
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 Ad’t
and associated
regulations;
0.
Pursuant to
Section
42(a) of the Act, 415 ILCS
5/42(a) (2002),
impose
a civil
penalty of not more than the statutory maximum;
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2002),
awarding to
Complainant its costs and
reasonable attorney fees;
and
F.
Granting
such other relief as the
Board
may deem appropriate.
9
COUNT IV
OFFENSIVE
CONDITIONS
1-17.
Complainant realleges and
incorporates herein
by reference paragraphs I
through
16 and
19 of Count
I
as paragraphs
1
through
17 of this Count
IV.
18-21.
Complainant realleges and
incorporates herein
by reference paragraphs
18
through 21
of Count II as paragraphs
18
through 21
of this Count
IV.
22.
Section
302.203 of the Board’s Water Pollution
Regulations,
35
III.
Admin.
Code
302.203, prohibits offensive
conditions in waters of the State:
Waters
of the State shall be free from
sludge or bottom deposits,
floating debris, visible oil,
odor, plant or algal, color or turbidity of
other than natural origin
.
23.
These discharges of paint from
the Respondent’s
bridge
painting
have caused
offensive conditions in the Illinois River in that the waters were of a blue cast, color or turbidity
of other than
natural origin.
The Respondent has thereby violated 35
III. Admin.
Code 302.203
and
Section
12(a) of the Act, 415 ILCS 5/12(a)
(2002).
PRAYER
FOR RELIEF
WHEREFORE,
Complainant, the
People of the
State
of Illinois, respectfully request that
the Board enter an
order against the
Respondent, All
States
Painting,
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;
10
0.
Pursuant to
Section 42(a)
of the Act, 415
ILCS 5/42(a) (2002),
impose a civil
penalty of
not more than the statutory maximum;
E.
Pursuant
to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2002), awarding
to
-
Complainant its costs and
reasonable attorney fees; and
F.
Granting
such other relief as the Board
may deem
appropriate.
Respectfully submitted,
PEOPLE OF THE STATE OF
ILLINOIS
ex re/.
LISA MADIGAN, Attorney General
of the State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental
Enforcement’
Asbestos
Litigation
Division
BY:______________________
THOMAS
DAVIS, Chief
Environmental Bureau
Assistant Attorney General
Of Counsel
JENNIFER BONKOWSKI
Assistant Attorney General
Environmental Bureau/Springfield
500
South Second Street
Springfield,
Illipois 6,~706
Date:
~5’//~/O’-/
11
