BEFORE THE ILLINOIS. POLLUTION CONTROL BOARD CLERK’S OFFICE

PEOPLE OF THE STATE OF ILLINOIS, )                                  

AUG 182004

by LISA MADIGAN, Attorney             

STATE OF ILLINOIS

General of the Stateof Illinois          

PoIIut~on

Control Board

Complainant,

v.

)

No. PCB 05-31

GTC, INTERNATIONAL,       

an Illinois’ corporation, 

Respondent.      

NOTICE OF FILING

TO: See Attached Service List

PLEASE TAKE NOTICE that on August 19, 2004, the People of

the State ofIllinois filed with the Illinois PollutionControl

Board a qomplaint, true and correct copies of which are attached

and hereby 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 the complaint will, be taken as if admitted for

purposes of this proceeding. If you have any questions about

this procedure, you should contact the hearing officer assigned

to this proceeding, the Clerk’s Office, or an attorney.

Respectfully submitted,

LISA 

MADIGAN

Attorney General

State of Illinois

BY’:..

JO

J. STERNSTEIN

‘ .

Assistant Attorney General

Environmental Bureau

188W. Randolph St., 20th Floor

Chicago, Illinois 60601

(312) 8146986    

THIS FILING IS SUBMITTED ON RECYCLED PAPER

SERVICE LIST

Ms. Maureen Wozniak, Esq.

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

Mr. Gerald Tenner, Esq.

Marks, Marks & Kaplan

‘120 N. LaSalle St., Suite 3200

Chicago, IL 60602

REcE~vE~

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S OFFICE

PEOPLE OF THE STATE OF ILLINOIS, )              

“ .

AUG 182004

by LISA MADIGAN, Attorney          

STATE 

OF

ILL1~

General of the State of Illinois  

. .

Pollution 

ControI’~~d

Complainant, 

)

v.

. .

)

‘

No. PCB 05-3Z-

GTC, INTERNATIONAL,      

an Illinois corporation, 

Respondent.   

COMPLAINT FOR CIVIL PENALTIES 

Complainant, ‘PEOPLE’OF THE STATE OF ILLINOIS, ‘by LISA

MADIGAN, Attorney ‘General of the State of.Illinois, complains of.

Respondent, GTC,. INTERNATIONAL, as follows:

COUNTI

CONSTRUCTION OFAN EMISSION SOURCE WITHOUT A PERMIT

This Complaint is brought on behalf of the People~

(“Complainant”,) by the Attorney General on her own motion and

upon. the request of the Illinois Environmental Protection Agency

(“Illinois EPA”) pursuant to the terms and provisions of Section

31 of th~ Illinois-Environmental’ Protection Act (“Act”), 415.ILCS

5/31 (2002) 

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2.  The.Illinois EPA is an administrative agency of the’

State of.Illinois, created pursuant to Section 4 of the’Act,’ 415

ILCS 5/4 (2002), and charged, 

inter alia, 

with the duty of’

enforcing the Act. 

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This Complaint isbrough~ pursuant to’ Section

31 of the Act, .415 ILCS 5/31 (2002) 

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3.  At al,l times relevant to this’Compl~int,‘GTC,

INTERNATIONAL’ (“Respondent”) was ‘and is an’ Illinois corporation

duly organized and existing under the laws of the State of

Illinois and is in good standing.  

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4.  At all ‘times relevant to this Complaint, Respondent has

operated a facility located at 6401 West 

‘65th 

Street, Bedford

Park, Cook County, Illinois, 60638 (“facility”)

5.  Respondent manufactures various mirrors 

‘at’ 

its

facility.       

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6.

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As part of its operations ~t the facility, Respondent

first rubs a. glass surface with cerium oxide and then washed it

with ionized water.: ‘The glass surface is then sprayed with

hydrochloric acid and tin It is then sprayed with silver nitrate

and ammonia to make it a mirror. Next, a, copper’ sulphate coating    

‘‘is applied. Finally, a solvent based backing paint i.s applied as  

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a final protective coating.   

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7  The facility emits volatile organic material (“VOM”)

into the environment from an electric oven used to dry the coated

9lass surfaces

8  Section 9(b) of the Act, 415 ILCS 5/9(b) (2002),

provides as follows                  

No person shall:,” 

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Construct, install, or operate any equipment,

facility, vehicle, vessel, or aircraft capable of

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causing or contributing to air pollution or

designed ‘to preyent air pollution ‘of any type

designatedby Board regulations,without a permit

granted by’ the Agency, or in violation of any

conditions imposed by such permit.

9. Section 3.165 of the’Act, 415 ILCS 5/3.165 (2002),

‘provides’the’.following definition:

“Contaminant” is any solid, liqi.iid, or gaseous

matter, any odor, or any form of energy, from

whatever source

10. VOM,is a contaminant, asthat term is defined in

Section 3.165 of the Act, 415 ILCS 5/3.165 (2002)

‘11. Section 3.315. .of the Act., 415 ILCS 5/3.315 ‘(200,2),

provides the following definition

“Person” is .~nyindividual, partnership,

co-partnership, firm, company, limited.   

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liability company, corporation,  

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association, joint stock company, ‘trust,  

estate, political subdivision, state

agency, or any other legal entity or       

their legal representative, agent or

assigns. 

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12. Respondent is a “person” as the term is defined in

Section 3.3,1.5 of the Act, 415 ILCS’ 5/3.315 (2002).

13  Section 201 102 of the Illinois Pollution Control

Board (“Board”) Air Pollution Regulations,35 Ill Adm Code

201.102, .contains.the following definitions: 

“Emission Source’!: any equipmen or ‘facility of a

type capable of emitting.specified.air 

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contaminants to the atmosphere. 

“Existing Emission Source”: any emission source,

the’ construction’or modification of which has

commenced prior to April 14, 1972

‘3,

“New Emission Source”: 

any emission source, the

construction or modification of’ which is’ commenced

on or after April 14, 1972.    

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“Specif±ed.AirContaminant”:’ any air contaminant

as to which this Subtitle cOntains emiSsion”

standards orother specific limitations. 

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14  VOM is a “specified air contaminant” as that term is

defined at 35 Ill. Adm. Code 201.102. 

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15.

‘

The electric oven located at the facility ,was

installed and/or constructed in 1997 or 1998 o,r a date better

known to Respondent,’ ‘and is a “new emission source” as’ that term

is defined in Section 201 102 of the Board Air Pollution

Regulations’, 35 Ill. Adm. Code 201.102.       

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16. Section 201.142 of the Board Air Pollution’

Regulations, 35 Ill Adm Code 201 142, provides in pertinent

part,as follows:  

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‘No person shall cause or allow,the construction, of

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any new emission source or.any new air pollution      

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control equipment,,’ or cause or allow the

modification of any existing emission source or 

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air poll~itioncontrol equipment, without first    

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obtaining a construction permit from the Agency,

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except5 as, provided in Section 201.146 orSettion

201 170(b) of this Part

“11. Since 1997 or 1998 or an earlier date better knov~into

Respondent, R.~spondenthas operated the electric’ oven, ‘at its 

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:facility without’first having obtained an Illinois EPA, 

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construction permit in violation of Section 201 142 of the Board

Air Pollution Regulations, 35 Ill Adm Code 201 142             

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18’. 

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Respondent, by its conduct as alleged herein, violated

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Section 201.142, of the’Board Air Pollution Regulations, 35 Ill.

Adm. Code 201.142 and. thereby also violated Section 9(b) of the

Act, 415 ILCS 5/9(b) (2002) 

WHEREFORE,’ Complainant, PEOPLE OF ‘THE STATE OF ILLINOIS,

respectfully requests that the Board enter a’ judgment in favor

of Complainant and against Respondent, GTC, INTERNATIONAL, on

CountI:    

.

1.  Authorizing a hearing in this matter at which time

Respondent will be required to answer, the allegations herein;

2.  Finding that Respondent has violated Sections 9(b) of

the Act, 4l5,.ILCS 5/9(b) (2002), and Section 201.142 of the Board

Aii Pollution Regulations, 35 Ill. Adm. Code 201.142;

3.  Ordering’Respondent’to cease and desist from further,

violations of Sections 9(b)of,theAct, 415 ILCS 5/9(b) (2002),.    

‘

and Section 201.142 of the Board A~rPollution Regulations, 35

Ill. Adm. COde 201.142; 

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4.

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Assessing against Respondent a. civil penalty of Fifty

Thousand Dollar’s ($50,000.00) for each violation of the Act and

pertinent Board Air Pollution Regulatio~s, and an additional

civil penalty of Ten Thousand Dollars,($lO,000.050) for each day

of violation;   

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Taxing all’cpsts in this action pursuant to Section

42 (f) of the Act, including attorney, expert witness and

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consultant fees, against ‘R,espondent; and

6.  Granting such other relief as the ‘Board deems

appropriate and” just.

COUNT II

FAILURE TO TIMELY SUBMIT CAAPP APPLICATION

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1-12. 

Complainant realleges and incorporates by reference

herein paragraphs 1 through 12 of Count I as paragraphs 1 through

12 of this Count II.

13.  Section’ 39.5 .of the Act; 415 ILCS 5/39.5 (2002),,

provides the’ following definitions: 

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“CAAPP” means the Clean Air Act Permit Program

developed pursuant to Title,V of the Clean Air

Act.         

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“CAAPP permit”. 

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means any permit issued,

renewed, amended, modified or revised pursuant’ to

Title V of the Clean Air Act.  

“Source” means any stationary sour’ce (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 pers,on (or

persons under Oommon control) belonging to a

single major industrial grouping. 

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“Owner oro~erator”means any person who owns,

leases, operates, controls, or supei~vises a

stationary source.    

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‘~Stationary source” tneans any buildin~, structure,.

facility, or installation that emits or may emit

““any regulated air pollutant. 

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“Regulated Air Pollutant” means the ‘following:

1  Nitrogen oxides (NOx) or any volatile organic

compound     

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14. Seót~on 39.5(2) of the Act,415 ILCS 5/39.5(2) (2002),

provides in pertinent part, as follows

2.  Applicability  

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a.  Sources subject to t’his Section shall

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include: 

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1.

Any major’source as defined in

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‘paragraph c) .of this subsection.

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c.

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,For purposes of ,this ‘Section the term

“major source” means any source that is:

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iii. A major stationary source as

defined in part D of Title I of the

Clean Air Act ‘including:

A.  For ozone nonattainment areas,

sources with the potential to

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emit 100 tons or more per. year

of’volatile organic compounds

or ‘oxides of nitrogen in areas

classified as “marginal” or

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“ , . .

‘to emit 25 tons or more

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peryear in’areas classified

,as severe.

15. ,Respondent operates a facility’ that emits a regulated

pollutant Therefore, Respondents’ facility is a “stationary

source” as that term i’s defined in Section 39~5(1) of theAct,

415 ILCS 5/39 5(1) (2002)

16 Respondent operates a stationary source and is an

“owner or operator” as that term is defined in Section 39 5(1)

of the Act, 415 ILCS 5/39 5(1) (2002)

17.

Respbndent’s faciliby is located within the Chicago

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severe non-attainment area for ozone.

18. Responden’t’s facility, has emitted greater than’ 25 tOns

of VOMp~r year since the facility was constructed in Bedford

Park. ‘                 

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19. Respondent’s facility is a “major stationary source”

as ‘that, term ‘is defined’in Section 39~5(2)(c) (iii) (A) of the

Act, 415 ILCS 5/39 5(2) (c) (iii) (A) (2002)

20. Therefore, Respondent triggers the,New Source Review

(NSR) requirements, and is subject to .Clean Air Act Permit

Program; set fort,h in Section 39.5 of theAct, 415 1ILCS 5/39.5

et, seq. 

(2002) 

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21. Section 39.5(6) (b) of the Act, 415 ILCS 5/39.5(6) (b),

(2002), provides as follows:  

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6’.’  Prohibition  

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b.  After the applicable CAAPP permit or

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renewal.application submittal date, as’

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Section,. no person shall operate a CAAPP

source without a CAAPP permit ‘unless the

complete CAAPP permit o,r renewal

application for such source, has been 

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-         ‘     ,  timely submitted to the Agency. 

22 Section 39 5(5) (x) of the Act, 415 ILCS 5/39 5(5) (x)

(2002)’,:provides as follows:’ 

.

5.

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Applications and Completeness

x.  The owner or operator of a new CAAPP

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source shall submit its complete CAAPP

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subsection witliin’12 months after”

commencing ‘operation of such source’.

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The owner or operator of an existing

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source that has been excluded from the

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provisions’ of this Section under

subsection’l.l or subsection 3(c) of

this SectiOn and that becomes subject ‘to

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‘‘the CAA.PP’ solely due to a ‘change in

operation at ‘the source shall submit its

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complete CAAPP application consistent 

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with this subsection at least 180 days

before commencing operation in

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accOrdance with the change in operation.

23 Respondent was required to submit a CAAPP Application

within one year of commencement of operation. Respondent

commenced operations at the, facility in .1997 or 1998, the exact’

S     datesbetter known t’o Respondent;.and therefore, Respondent 

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should ‘have applied for a CAAPP. permit in 1999 ‘at the latest.,

2,. From 1997. or 1998 or an earlier date, the exact dates

I   better, known to Respondent, until September 12; 2003, Respondent

operated the electric oven at its facility without having

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submitted a CAAPP Application and.without receiving a CAAPP,

permit

25.

‘

Respondent temporarily resolved the ‘issue when it was

issued lifetime operating permit no 9930044 for the facility in

April 28, 1999 However, respondent had actual VOM emissions

greater than 25 tons in at least 2000 and 2001 and was therefore

still required to submit a CAAPP application

,  2,6.  From 1997 or.1998 or an earlier date, until September

12, 2003, excluding the period covered by the lifetime operating

permit, Respondent operated a 

CAAPP

source without submitting a

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CAAPP permit application and without obtaining a CAAPP permit,:’

‘,

pursuant to Section 39.5(6) (b) ‘of ‘the Act, 415 ILOS 

‘,

5/3,9.5(6) (b,) (2002). ‘         

‘

27.

Respondent,’ by its conduct as alleged herein, violated

Sections 39.5(5) (x) and 39.5(6) (b)’ of the Act, 415 ,ILCS

,, 5/39.5(5)(x) a,nd 5/39.5(6) (b) (2002), andhas thereby also 

‘

violated Section 9(b) of the Act, 415 ILCS 5/9(b) (2002).   

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WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,   

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respectfully requests ‘that the Board enter a judgment in favor

of Complainant and’ against Respondent, GTC, INTERNATIONAL, on 

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‘CountII:  

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1   Authorizing a hearing in this matter at which time

Respondent will be required to answer ,the allegations herein;

2   Finding that Respondent has violated Sections 9 (b),

39.5(5,) (x),,, and’39..5(6)(b) of the Act;’ 

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3. ‘ Ordering the Respondent to cease’and desist from 

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further violations of Section 9 (b) 

39 5 (5) (x) 

and 39 5 (6) (b)

of the Act; 

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4  Assessing against the Respondent a civil penalty of

‘Fift~TThousand’ Dollars ($50,000.00) ,for each violation of the “      ‘   ‘

Act’and pertinent Boa~dAir Pollution, Regulations, and an’   

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additional civil penalty of Ten Thousand Dollars ($10,000 00)

for each day of violation,

5  Taxing all costs in this actipn pursuant to Section

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,42(f) of the Act, including a’t’torney, expert witness and

consultant fee’s, against Respondent; and

6.  Granting such other’relief as’ the Boarddeems

appropriate and just.

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COUNT III    

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FAILURE TO DEMONSTRATE COMPLIANCE WITH NSR REQUIREMENTS

1 - 19. Complainant realleges and’ incorporates by

‘reference herein’ paragraphs 1 through 7 and 9 through 12, of

Count I and pSragraphs 13 through 20 of Count ‘II as paragraphs 1

t1~rough 19 of ‘this Count III.   

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20. S’ection 9(a) of the Act, 415 ILCS 5/(a) (2002),

provides as follows: 

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No Person Shall:             

a) ‘ Cause, or thi~eatenor allow the discharge or

emission of any contaminant into the

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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

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,    the Board” under’ this’ Act’.,

21. Section 203.126 of’the Board Air, Pollution    

‘

Regulations, ‘35 Ill. Adm. ,Code 203.126, defines LJAER as an

acronym for

the “lowest achievable emission rate.” 

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22. Section 203.301(b) of the Board Air Pollution

Regulations, 35 Ill’. Adm. Code 203.301(b), provides as follows:

b)

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The owner or operator ‘o’f a new major

statiqnary source shall demonstrate that the,

control equipment and process measures 

11

applied ‘to the source will produce LAER.

, 23. Respondent constructed a new major stationery ,source

in 1,997 or 1998 or an earlier date better known to Re’spondent,’

in a severe nonattainment area without demonstrating to the

Illinois EPA that its process measure’s and emission limits

constitute,LAER.       

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‘24. Since 1997 or 1998, or an earlier date better known’

to Respondent, Respondent has’ operated its facility without

having demonstrated compliance with 

LAER

requirements.

‘Respondent.has,therefor,e been operating in violation of ~ection

203.301(b) the Board Air PollutIon Regulations, 35 Ill. Adm.

Cod~e203 301(b) and thereby violated Section 9(a) of the Act,

415 ILCS 5./9,(a) (2002) 

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25. ‘Section 203.301(d) of the Board Air Pollution

Regulations, 35 1114 ‘Adm. Code 203.301(d), provides as follows:

d)  The owner or operator shall provide a

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detailed showing that the proposed emission

limitations constitute LAER. Such   

demonstration shall include:

1)  A description of the manner in which the

proposed emission limitation was

selected, ~nc1uding a detailed listing

of information resources,

2)  Alternative emission limitations, and

3)

‘Such other reasqnable information as ‘the’

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Agency may request as necessary tp 

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‘determine whether the propOsed emission~

limitation is LAER. 

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26  Since 1997 or 1998, or an earlier date better known

to Respondent, Respondent has operated its facility without

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having made a detailed ~howing that ‘its emission limitations

constitute 

LAER.

Respondent has therefore’ been, operating i.n

violation of Section 203.301(d) of the Board Air Pollution

Regulations, 35 Ill. Adm. Code 203.301(d), and has thereby also

violated Section 9(a) of the Act, 415 ILCS 5/9(a) (2002)

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27. Section,203.302,(a)(1)(D) of the Board Air Pollution

Regulations, 35 Ill Adm Code 203 302 (a) (1) (D), provides as

follows: 

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a)  The owner or operator .of a new major source

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or major modification shall provide emission

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offsets equal to or ‘greater than the

allowable emissions from the source or the

net increase in emissions from the’

modification sufficient, to allow the Agency

to determine that the source or modification.

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will not interfere with reasonable further

progress as set forth in Section 173 of the

Clean Air Act ,(42 U.S.C. 7401 et seq.)

1)  For new major sources or major

‘modifications in ozone nonattainment

‘areas ,the ‘ratio “of total emissions

reductions provided by emission offsets

for volatile organic material or

,nitrogen o~ides to total increased.

emissions of’such ‘contaminants shall be

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‘  at least as follows:, 

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‘5                        

fl)   1.3 tO,l in’áreas 

classified as

severe

28 Section 203 121 of the Board Air Pollution

Regulations, 35 Ill Adm Code 203 121, provides the following

definition: 

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“Emission offset’ means ~ cr~ditab1ereduction 

used to compensate ‘for the increase in emissions

resulting from a new major sOurce or a major -

,

modification in accordance with Sections 203.302

.and 203.303 of this Part. 

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29’. Respondent failed, to provide emission offsets in the’

~equired ratio, of 1.3 to 1. 

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30 By failing to acquire the required ratio of emission

offsets, Respondent operat’ed its facility in violation of

Section, 203.302(a) 

(1) (D)

of the Board Air Pollution 

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Regulations, 35 Ill 1dm Code 203 302 (a) (1) (D), and has thereby

also.violated Section 9(a)’ of ,the Act, 415 ILCS 5/9(a) (2002)’,

WHEREFORE’, Complainant, PEOPLE OF THE STATE OF ‘ILLINOIS,

respectfully requests ‘tha,t the Board enter a judgment in, favor

‘ofCornplainant an’d against Respondent, GTC, INTERNATIONAL, on   

‘

Count III

1  Authorlzln9 a hearing in this matter at which time        

c

Respondent will be required to answer the allegations’herein; 

2   Finding that Respondent has violated Sections 9(a) of

the Act, 415 ILCS 5/9(a) (2002), and Sections 203.301(b), (d) 

and

203.302(á) (1) (D) of ‘the Board Air ‘Pollution.Regulatipns, 3,5 Ill.

Adm. Code 20a~30l(b),,(d) 

and 203’~302(a)(1) (D) 

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3   Ordering Respondent to cease and desist from further

violations of Sections 9 (a) 

415 ILCS 5/9 (a) (2002) 

and Sections

203.301(b),, (d) 

and 203.301(a) (1) (D) of the Board Air ‘Pollution’, S

,  Regulations, 35 Ill. ,Adm. Code 203.301(b), (d), and    

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203 302 (a) (1) (D)

4   Assessing against the Respondent a civil penalty of

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Fifty Thous’and Dollars (‘$50,000.00) for each violation of. the

Act and pertinent Board Air Pollution Regulations, and an

additional civil penalty of,Ten Thousand Dollars’ ($10,000.00)

fo±’,each day of violation; 

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5.  Taxing’ all costs in’this’ action pursuant toSection

42(f) of the Act, including attorney, expert witness and

consultant, fees, against Respondent; and

6.  Granting such other r~lief as the Board deems

appropriate a.nd just.       

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COUNT IV’

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‘~VIOLATION OF NSR REQUIREMENTS

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27. Complainant 

realleges and incorporates by

reference he~einparagraphs 1 through 27 of Count III as

paragraphs 1 through 27 of this Count IV. 

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‘28. Section 203.201 of the Board Air Pollution

Re~ulations, 35 Ill. Adm. Code 203.201, provides in pertinent  

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part as follows:  

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In ,any nonattainment area, no, person shall cause

or allow the construction of 5a new major

stationary source or major modification that is

major for the pollutant for, which the’area is

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designated a nonattainment area, ‘except as in

compliance with this Part for that pollutant. In

areas’designated nonattainment’ for ozone, this

prohibition shall apply to new major stationary

,sources or major modifications of sources that

emit volatile organic materials or’ nitrogen

oxides.    

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29. Respondent, by i,ts co’nduct as alleged herein,

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‘was subj5ct to the’ ráquirements’ of Section 203.201 of the Board

Air POllution Règulations,’3’5 Ill. Adm. Code 203.201.   

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30. As a result of Respondent’s failure to secure the

reqhi~edconstruction permit and demonstrate compliance with   

‘NSR, Respondent has violated the requirements of Section 203.201

of the Board Air Pollution Control Regulations, 35 Ill 1dm

Code 203 301, and thereby also violated Section 9(a) of the Act,

415 ILCS 5/9(a) (2002)

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WHEREFORE, COmplainant, PEOPLE OF THE STATE OF ILLINOIS,  

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respectfully requests that the Board enter a judgment in favor

‘;‘of

Co.mp1a~nant and’against Respondent,’GTC, INTERNATIONAL, on    

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Count IV:,’  

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1.’  Authorizing a hearing in this matter at which, time 

Respondent will be required to answer the allegations herein,

2  Finding that Respondent has violated Sections 9(a) of

the Act, 415 ILCS 5/9(a) (2002), and Section 203 201 of the Board

Air Pollution Regulations, 35 Ill. 1dm. dode 203.201;    

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3.  O’rdering Respondent to cease and desiCt from further  

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violations of Sections 9(a), 415 ILCS 5/9 (a) (2002) 

and Section

203 201, 

of the Board Air Pollution Regulations, 35 Ill 1dm

Code 203.201;’, 

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4  Assessing against the Respondent a civil penalty of

Fifty Thousand Do11a~s ($50,000 00) for each violation of the

Act and pertinent Board Air Pollution Regulations, and an

additional civil penalty of Ten Thousand Dollars ($10,000 00)

16

for each day of violation;  

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‘S      

‘

s~ ‘ Taxing’al’l OO~tsin this action pursuant to Section

42(f) of the Act, including attorney, expert witness and

consultant fees, a~ainst Respondent; and

‘6.  ‘Granting such other relief ,as’the Board deems

appropriate and just

COUNT V

CONSTRUCTION OF A NEW MAJOR SOURCE WITHOUT A PERMIT

1 - 20 Complainant realleges and incorporates by

reference herein paragraphs 1 through 20 ‘of Count III as,

paragraphs 1 

thrOug1~,

‘20 of thi’s Count IV.

21 Section 203 203 (a) of the Board Air Pollution

Regulations, 35 Ill 1dm Code 203 203(a), provides in pertinent

part as follows”:           

,

,

,

, ‘

A construction permit is required prior to actual

S

‘

, ,  construction of a new major source or major.

modification

22 Respondent’s facility, a new major stationary source,

was required to obtain a construction permit prior to the actual

construction of the facility per the requirements of Section

203 203 (a) of the Board Air Pollution Regulations, 35 Ill 

1dm

Code 203 203 (a)

23. R~spondent constructed the electric oven at its

facility, a new emission source, at the facility in Bedford Park

in 1997 or 1998 or an earlier date better known to Respondent,

17

‘ S

without obtaining the’ r~quisite construction permit.

“

‘  24. Respondent, ‘by’ its conduct as alleged herein,

S

‘

violated Section 203.203(a) of the Board Air Pollution

Regulations, 35 Ill. Adm. Code 203.203 (‘a),’ and thereby also.

violated Section 9(a) of ‘the Act, 415 ILCS 5/9(a) (2002).

WHEREFORE, dompiainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully, requests that the Board enter a judgment in favor

of Complainant and against Respondent, GTC, INTERNATIONAL, on

CountV: 

‘

‘S

,

,

‘‘,

1.’ 

‘

Authorizing a hearing in this matter at which time

Res’pondent will be ‘required to answer’ the’ allegations herein;

2. ,   Finding that Respondent’ has violated Sec,tions ‘9(a) of

the

Act, 415 ILCS 6/9(a) (2002) and Section 203.203(a) of the

Board Air Pollution Regulations, 35 Ill 1dm Code 203 203 (a),

•

,

3.

‘

Ordering Respondent to cease and desist frorçi further,

violations of Sections 9(a), 415 ILCS 5/9(a) (2002) and Section

203 203(a) of the Board Air Pollution Regulations, 35 Ill 1dm

C~de’203.203(a); 

‘

55

‘

S

4   Assessing against the Respondent a civil penalty of

Fifty ‘Thousand Dollars”($50,000.00) for each violation of the    

.‘ ‘

Act and pertinent Board A~rPollution Regulations, and an

additional civil penalty of Ten Thousand Dollars ($10,000 00)

for each day of violation,

5   Taxing all costs in this action pursuant to Section

42(f) of the Act, including attorney, expert witness and

‘

‘‘S             

18

‘‘

S

/    consultant fees, against’ Respondent; .and

6.  Granting such Ot~.e~’~e1iefas’the Board deems,

appropriate and just.   

‘ S ‘

‘ ‘

‘

COUNT 

VI

‘S

‘

‘

‘

S , -‘

FAILURE TO TIMELY SUBMIT AN’

EMISSIONS REDUCTION MARKET SYSTEM (ERMS) APPLICATION

- 20: Complainant realleges and incorporates by

S  ,  reference herein paragraphs 1 through’ 20 of Count III ‘as.

paragraphs 1 through 20 of this Count VI

21’. ‘Section 9.8(b) of, the Act, 415 ILCS 5/9.8(b) (2002),

provides as follows

‘S

‘ ,b) 

‘~

The ‘Agency ‘shall, design an emissions market

S

‘ ‘ ,

system that. will assist the State in meeting

applicable post-1996 provisions under the 

CIA

of 1990, ‘provide maximum flexibility for

designate~.sources that:reduce emissions, .and

-  thab take into account the, findings ‘of the

S

national ozone transport assessment, exi~’ting

air quality conditions, and resultant

S

‘

,    ‘ 

‘

emissions levels necessary to’achieveor

maintain attainment

22.

~Section 205.310 of,theBoard Air Pollution    

‘I

Regulations, 35 Ill Adm Code 205 310, provides in pertinent

part ,as fcllows: ‘          

“

‘

‘ SI

,~,

‘

S  ,    ,   

‘,

a)  The owne±~or operator of each participating

source or new participating source shall

submit to the Agency an ERMS application’ in

accordance with the following schedule

S‘

***

,

‘

.2)  ‘For a,ny source that first bEcomes a

participating source because its VOM  

.

‘

emissionS increase to 10 tons,or greater ,               

‘

19

during any seasonal allotment period

beginning with 1999, on or before

December 1

of the year of. the first

seasonal allotment period in which its

VOMemissions are at’least 10 tons,

provided that this,emissions increase is

not a major modification pursuant to 35

Ill. Adm. Code 203          

‘

23. Section 39.5 of the Act, .415 ILCS5/39.5 (2Q02);

provides ‘the following definitions:      

‘

“Owner or operatOr” means’ any person who owns,

leases, operates, controls, or supervises a ,                

‘S ‘

S

stationary sOurce.  

,

‘ S

‘

24 Section 205 210 of the Board Air Pollution

Regulations, 35 Ill 1dm Code 205 210, provides as follows

The requirements of. this Part shall apply to an~

new participating source, ‘a source not operating’

prior, to’May 1, 1999, located in the Chicago ozone 

‘

S

‘

non—attainment area, that is ‘required to obtain a ,                        

S

CAAPP perri~it and has

or will have seasonal 

‘

‘

S

emission~of at least 10 tpns of yaM. Each’ new

partici~atingsource shall hold ATU5, as specified 

‘ ‘

in Section 205 150(d) of this Part, upon

commencing ‘operation. S ,                    

‘

‘

25 Respondent has owned and operated a new participating

source, as those terms a,re definedby 415 ILCS 5/39.5 (2002) and

35 Ill. Adm’Code 205.210; in an Ozone nonattainment’ area, and

Respondent’s new participating source had seasonal VOM emissions

of at least 10 tons of’VOM in the 2000 season..  

‘,

26 Pursuant to the requirements of Section 205 310 of the

‘Board Air Pollution Regulations, 35 Ill. 1dm. Code 205.310~

Respondent was required tb submit its ERMS baseline application

by the December 1, 2000

.20. , 

‘.

-

/

27. ‘Respondent did nOt 

submit’ its.ERMSba’seline

appl.~cationby’Decernber 1’, 2090.’ 

‘

,

‘

28. From 

December 1, 2000 through 2002, Respondent

operated~a new participating’source without having submitted an

ERMS Application. 

‘“

‘

5

‘‘

‘

S

‘

S

29 Respondent, by its conduct as alleged herein, violated

Section 205 310 of the Board Air Pollution Regulations, 35 Ill

1dm. Code 205.310, and thereby also violated Section 9(a) of the

415 ILCS 5/9 (a) (2002) 

‘

“

,

‘

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter a judgment in favor

of Complainant and against Respondent, GTC, INTERNATIONAL, on

Count.VI:   

“ ‘

1  Authorizing a hearing in this matter at which time

S   Respondent will be required tO answer the allegatiOns herein;

2  Finding that Respondent has violated Section

9(a) of the Act, 415 ILCS 5/9(a) (2002) and Section 205 310 of

the”~oard,Air POllution Regulations, ‘35 Ill. 1dm. Code 205.310;

3  Ordering Respondent to cease and desist from further

‘violations of Section 9(a) ‘of the Act, 41~5ILCS 5/9(a) (2002) 

and

Section 205 310 of the Board Air Pollution Regulations, 35 Ill

Adm. Code 205.310;/ ,  ,   

,,I

,

‘

5’     5         

‘

S

‘

‘4.

Assessing against th’e Respondent a ‘civil penalty’ of

‘Fifty’Thousand Dollars ($50,O00.00)’ for each’violabion.of the

Act and pertinent Board Air Pollution Regulations, and an

21

additional ciy±lpenalty of Ten Thousand Dollars ($10,000.00)

for eaàh ‘day of violation; 

‘ ‘

,

‘ ‘

5.  Taxing all coCts,in this action pursuant to Section

42(f) ‘of’ the’ Act, including, attorney, expert witness and

consultant fees, against.Responde’nt; and

6   Granting such other relief as the Board deems

appropriate and just.   

‘

‘

5

S   ‘   

‘

‘•

‘

COUNTVII 

,

S

USE OF NON-COMPLIANT COATINGS 

PERMIT VIOLATION

1-12.’ Complainant r~al1eges and incorporates by reference 

herein paragraphs 1 through 12 of Count I as paragraphs 1

through 12of:this,Count VII.’ ,     

‘

S

.

“

13.

Condition 2 of Respondent’s Operating, Permit No.

99030044 provides, in pertinent ‘par~,.asfollows:

,2. ‘‘Emissions and operation of glass coating line

S

,

‘

shall not exceed the following limits:

Coatin~Usage 

VOM’ Content  

‘

VO,M Emission

(~Ton/Mo) (Ton/Yr) 

‘

(Wt. 

) (‘

(Ton/Mp)  (Ton/yr)

4.0

‘

‘37.5  

‘

‘

15.’    

‘    0.6.~   

5.6 ,     

,

14 From 1999 through the present, Respondent has used

S     coatings with a.VOM’ content above 15 by weight, in violation of

its permit limitation

15/ From 1999 through the present, Respondent has operated

the glass coating line in violation of Condition 2 of its

Operating Permit, No 99030044

22

16. Respondent, by its conduct as alleged herein, has.

violated Condition 2.of.1Operating Permit No. 99030044, and

thereby also violated Section 9(b) of the Act’, 415’ ILCS 

‘

5/9(b) 

(2002).

,,,

‘

WHEREFORE, Complainant., PEOPLE’ OF ‘THE STATE ‘OF ‘ILLINOIS,

respectfully requests that the Board enter a judgment in favor

of Complainant and against Respondent, GTC, INTERNATIONAL, on

CountVII: ,              

‘

“

‘

,

,

1.

‘

Authorizing a hearing in’ this matter at which time

Respondent will be required to answer the allegations’. herein;

2  Finding that Respondent has violated Sections 9(b) of

the Act, 415 ILCS 5/9(b) (2002), and Condition 2 of Operating

Permit No. 99030044;   

‘

3   Ordering Respondent to cease and desist from further

S yiolàtions ‘of Sections 9(b),’ 415’ILCS 5/9(b) (2002), 

arid’

Condition 2 of Operating Permit No 99030044,

Assessing against the Respondent a civil penalty of

Fifty Thousand Dollars ($50,000 00) for each violation

of the

Act and pertinent Board Air Pollution Regulations, and an

additional civil penalty of Ten’Thousand Dollars ($10,090.00)

for each day of~violation,

5  Taxing all costs in this action pursuant to Section

42(f) of the Act, including attorney, expert witness and

consultant fees, against Respondent;. and 

.    S          

‘

‘ ,

6   Granting such other relief as the Board deems

23

-

5

appropriate’ and just’.

COUNT VIII

USE OF NON-COMPLIANT COATINGS 

REGULATORY VIOLATION’

‘S               

1-13. Complainant realleges and incorporates by reference

herein paragraphs I through 12 ‘of C~unt I and paragraph 20 of

-  Count III’’as pa~agraphs1’th~ough13 of this Count VIII.

14 Section 218 926 (b) (1) of the Board Air Pollution

S ‘

Regulations, 35 ‘Ill. Adm. Code 218.926(b) (1), provides as

follows:  

55

‘

,,

The’ daily-weighted average. VOM content shall’not

exceed 0.42 kg VOM/1 (3.5 

lbs VOM/gal) of coating

as applied. (minus wa’ter and any compounds which   

are specifically exempted from the’definition of

VOM) during any day

15 From 1999 until November 2002, Respondent used at

‘least one coating with a VOM,conterit’of 3.6 lbs/gal. This ‘is

above the limits ‘specified by the regulations for glass coating.

16  From 1999 until November 2002, Respondent operated

its, coating line inViolation of Section 218.926(b) (1) of ‘the

Board Air Pollution Regulations, 35 Ill Adm Code

218 926(b) (1)

17 Respondent, by its conduct as alleged herein, has

violated Section 218 926(b) (1) of the Board Air Pollution

Regulations, 35 Ill 1dm Code 218 926(b) (1), and thereby also

violated S~ction9(a) of the Act, 415 ILCS 5/9(a) (2002)

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

,

:24

5

‘

respectfully requests that the Board enter a judgment in favor~

of Complaipant and against5 Respondent,’ GTC, INTERNATIONAL, on

‘Count VIII:   

S

S   ,              

S

1.  Authorizing a hearing in this’ matter at which time

Respondent will be required to answer the allegations herein;

2.  Finding that Respondent has violated Sections 9(a) of

the Act,415 ILCS 5/~(a)(2002), and Section 2l~.926(b) of’ the

Board Air’ Pollution Regulations, 35 Ill. 1dm. Code

218.926(b) (1); 

‘

,

3.  Ordering Respondent to cease anddesist fromfurther 

S

violations of Sections 9(a)’ of 

the

Act, 415 ILCS 5/9(a) (2002),

and Sectioh’ 218.926(b) (1) of the ‘Board Air, Po,llution

Regulations, 35 Ill. ,Adm. Code 218.926(b); 

‘

4.  Assessing ~gainst”the Respondent a’ci~Ti1 penalty o.f 

‘,

Fifty Thousand Dollars ($50,000.00) ‘for, each violation of the

Act and pertinentl Board Air Pollution Regulations, and an:

additional civil penalty of Ten Thousand Dollars ($10,000.00)

for each day of, violation; 

‘

S  S        

‘

‘

S

5.  ‘Taxing all’costs’in this,action pursuant to Section

42(f) of the Act, including attorney, expert witness and’

consultant fees,’ against Respondent; and   

,

5

‘

6.  Granting such other r~1ief 

as the Board deems ,   

‘

appropriate and just.      

S

‘

25

COUNT IX

SUBMISSION OF INACCURATE ANNtJAL EMISSION REPORTS

1

13. Complainant realleges and incorporates by

reference herein paragraphs 1 through 12 of Count I and.

paragraph 20 of Count III as paragraphth 1 through 13 of this

Count IX.     

S

5

14 Section 201 302(a) of the Board Air Pollution

Regulations, 35’ Ill. 1dm.’ Code 201.302(a), provides as follows: 

‘

a)  The owner or operator of any emission unit or

air pollution control’ equipment, ‘unless       

S

‘

5

‘

apecifically exempted in this Section, shall

‘submit’ to the Agency as a minimum, annual  .

reports detailing the nature, specific

‘emission units and total annual ‘quantities of

all specified air contaminant emissions,

provided,  

háwéver., that the Agency may         

S

I     ‘     require more frequent reports where necessary ,

to accomplish the purposes of the Act and

this Chapter

15. Section 254.303. of the Illinois EPA’s Air Pollution

Regulations, 35 Ill 1dm Code 254 303, provides, in pertinent

part, ,as follows:  

,,

, ,

S

The Annual Emissions Report to be filed pursuant

to this’ Subpart shal.l contain the following  

S S

information:  

~‘ ‘‘

,

,

S ,,          

S

,

S

a)  Source identification information

1)  SOurce name,’ physical locat,ion and ‘ ,

‘

‘

/    S           

‘mailing address; 

‘

,“   

‘

‘S

2)  SIC code;      

S

‘

S

3).   Source contact’;’ and ,                                

,  S

Source contact telephone 

‘

26’ 

‘

.

S

S

number.        

S

b) ‘  Source-wide totals Of’ actual emissions

‘for all regulated air pOllutants emitted;

by the source.    

,

c) ‘:,The following. certification statement,

unless another 

statement is required to

be

submitted pursuant to the.source’s  

permit: “I certify under penalty of 

1a~

that this document and all attachments,

were prepared under my ‘direction or

S

Cuperv.Lsion in accordance with a system

‘

, designed, to ‘assure that qualified.

S

‘

personnel properly gather and evaluate

the information submitted. Based On my

S

inquiry of the person or persons  S

S

‘directly responsible for gathering the’

information, the information submitted

SI

is, to the best ‘of my knowledge and

belief, true; accurate and complete~”

‘Thè’certificat’ion statement shall be

“signed and dated by the certifying

‘individual and accompanied by the

printed’full name, title, and a

S

‘

S telephone 

number

‘of the certifying

‘individual. 

‘s

S

16. Section 254.103 

the IllinoisEPA,’s Air Pollution

Regulations, 35,111. 1dm. Code 254~103,.provides the following  

definition: S   ‘            

‘

. ,

‘ ‘

S

“Actuálem~ssions” means ‘the rate of emission of a

regulated air pollutant froth a source or an ‘

emission unit for the calendar year, seasonal

period, ‘day ‘or other period of time, as specified,

based on the best information available to the

owner or operator of that emission unit.’ Actual

emission rates include startup, shutdOwn or ‘   

‘

malfunction’ emissions. The dalculation of actual

emissions must follow an “emission determination S

method”. Where, for any ,reason, a source has

measured any of itsemissions, t’he source must’,

report the measured total as its “actual   

emissions” ‘for those pollutants rather than using

an estimation method to derive the total for that

period of time during which the measurepents were

27

taken. “  S’S        

“ ‘

‘

S S

17 Section 211 5500 of the Board Air Pollution

Regulations,. 35 Ill. ‘1dm. Code 211.5500, provides the’ following

definition: S      

“

S   ‘  ‘ ,         

S

,

S

‘S 

,

‘

“a)

, ‘Regulated air pollutant”’means the  

,

S

‘

S      following:   

‘ S

,

S

S , ~,,       

‘       ‘      ,    

‘

.1) ‘      Ni1trogen Oxides (NOx) or any volatile

S        ,    ‘     ,  

‘

‘

,  “organic compound. S

18 VOM is a regulated air pollutant as that term is

,  defined in the Board5 Air Pollution Regulations.  

19 Respondent submitted inaccurate Annual Emission

Reports. (“AERs”) 

‘for

its facility for the calendar years 1999

through 2001 The AEP.s that Respondent submitted reported

emissions of VOM from its facility that were lower than actual

emissions from its facility

S

‘    , 

20. Respondent.~ by its conduct alleged herein, has

violated Section 254 303 of the Illinois EPA’s Air Pollution

Regulations, 35 Ill Adm Code 254 303, Section 201 302(a) of

‘the Board Air Pollution Regulations, ‘35 Ill. Adm. ‘Code

201 302 (a), and has thereby also violated Section 9(a) of the

Act, 415 ILCS 5/9(a) (2002)                 

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,

r~spectfu11yrequests that the Board enter a,j’udgment ‘in favor

of Complainant and against Respondent, GTC, INTERNATIONAL, on,

‘Count IX:’  

“

‘.

‘~

‘‘       

,

S

I       ,   , 1’. ,  ‘Authorizing a hearing’in this matter at which time

.,    .  

28

..

,

S

‘   Respondent will be required to answer the allegations herein;

2.  Finding 

that

Respondent has’violated Section 9(a) o~

the Act, 415 ILCS 5/9(a) (2b02) ;  Section 201.302(á) of the’ Board

Air Pollution Regulations, 35 Ill. 1dm. Code 201.302 (a); and

Section 254.303 of the Illinois EPA’s Air ,~ollutionRegulations,’

35 Ill Adm Code 254 303,

3   Ordering Respondent to cease and desist from further

violations of Section 9(a) of the Act, 415 ILCS 5/9 (a) (2002)

Section 201.302(a),of the Board Air Pollution’Regulations, 35

Ill. Adm~ Code 201.302(a);, and Section 254.3,03 of the Illinois 

‘

EPA’s Air Pollution Regulations, 35 Ill 1dm Code 254 303,

4   Assessing against Respondent a civil penalty of Fifty

S

,  Thousand Dollars ($50,000.00) for each violation of the Act, the

S   p’ertinep’t Board Air P~1lution’Regu1ations, and the peltinent  ‘

Illinois EPAAir’ Pollution Regulations, and an additional civil

penalty of Ten Thousand Dollars ($10,000 00) for each day of

violation of the Act, the pertinent Board Air Pollution

Regulations, and the pertinent Illinois EPA Air Pollution

Regulations,        

5   Taxing all costs in this action pursuant to Section

42(f) of the Act, includingattorney, expert witness and

consultant fees, against Respondent, and

6  Granting such other relief as the Board deems

appropriate and just.     

S    ‘     

‘

S.  “     

‘

‘~

S ‘

‘‘   

‘

,   ‘

29

5’  5    

S

COUNT’ 

SUBMISSION OF INACCURATE SEASONAL ‘EMISSION REPORTS

1-25., Complainant .re’alleges and incorporates by reference

he~in’paragraphs 

through 25 of Count VI as’paragraphs 1

through.25 of this’ Count X.

26. Section 205.300(a) of the ‘Board Air Pollution

‘Regulations,., 3~.I1l.Adm. Code 205.300(a) ,  provides as’ follows:

a)  For each year ‘in whiqh ‘the’ source is,

operational, the owner or operator of each

participating source and ,new. participating

source shall submit, as a component of its

Annual, Emission Report,, seasonal emissions

S

‘

.infor~tion to the Agency for each seasonal

allotment period after th’e effective date of,

this Part in accordance with the following

schedule: 

‘

‘S ,,

S

‘

“S    

‘

1)

For each participating source or new

participating source: that generates VOM

emissions from less,than’lO emissions

un±~s,byOctober 3l’of each year’

b)  In addition to any information required

pursuant to 35 Ill. 1dm., Code 254, the

S

seasonal emissions component of the

Annual Emissions Report shall contain

the following information for~the

proceeding seasonal ‘allotment period for

each emission 

uiiit

emitting or’ capable

‘ ‘

27.’ ‘Respondent was required ‘by’SectjOn 2,05.300(a) (1) of,

the Board Air Pollution Regulations, 35 Ill 1dm Code

/  205 300 (a) (1) to submit seasonal emission information

28  Section 205 300(b) (1) of the Board Air Pollution

‘S       

Regulations, 35 Ill. 1dm. Code 205.300 (b) (1), provides as

follows:       

S

‘

S

.30

.

of emitting VOM, except that such  ,

information is not’ required for emission

units excluded pur’~üantto SectiOn ‘I

205.220 of’the Part of for VOM, emissions

‘attributable t~startup, malfunction or

S ,

breakdown,. as specified in Section

205.225 of this Part:        

1)  Actual Ii 

emissions ,of VOM   

from’ the source; I,                  

29. Section 205.130 of the Board Air Pollution 

‘

RegulatiOns, 35 Ill. 1dm. Code 205.130~‘.prov~des the,following

definitions:  

S

‘

S     ,           

S

“Seasonal allotrñent period” means the1 period

from,May 1 through September 30 of eadh year.

“Seasonal emissions” means actual ,VOM

emissions at a source that occur during a

S

seasonal ‘allotment period.    

‘

‘

30. RespOndent’s seasonal emission reports for 2000, 2001,

5I

,

and 2002 seasonal allotment periods ~did”not reflect its actual

seasonal emissions of VOM from it~facility. S

31. Respondent failed to a~curately report the VOM:

emissions from it facilityifor seasonal allotment periods for

calendar years 2000, 2001, ‘and 2002, thereby violating Section

205.300(b) (1) of the of the Board Air Pollution Regulations, 35

IlL 1dm. Code 2,05.300(b) (1).     

‘

32. Section 2~4.i32(b)’of the Illinois EPA’s Air Pollution

Regulations,’ 35111. 1dm. ‘Code 254.132(b), p’rovides as follows:

b)  Failure to filea complete Seasonal    

S

Emissions Report by the ‘applicable       

deadlines preCcrib,ed in Section    

‘

S

2.54.137(b)  

this Subpart shall be a ‘-

31

/

S

violation”of this Part.,and35’ Ill. 1dm.

Code 205 300

/ ‘33., Section .254.137(b) 

the. Illinois ,EPA~s,Air.Pollution

Regulations, 35 Ill 1dm Code 254 137 (b), provides, in pertinent

part, ,ás’fdll9ws:  

~‘

‘

S

‘

b)’  Seasonal Emissions Reports must be  

,

S

submitted for the preced’in~ seasonal 

,

S

allotment period in accordance with the

S

‘

S    following schedule:    

S ‘

, “ 1)  For each participating source’ or

S

,    ,       

S   , ,       , new’participating source that 

.

genera~esVOM emissions from less’  ‘

,‘

,

than 10 emission 

units,’ ‘by October  

‘

‘S         

31 of eadh year .     .     .            

S

‘

,

‘

34 Respondent failed to report its seasonal emissions in

calendar years 2000, 2001 and 2002 by the October 31 deadline

proscribed in Section 254 137(b) of the Illinois EPA’s Air

Pollution Regulations, thereby violating Section 254 132(b) of

the Illinois 

EPA’s

Air Pollution Regulations, 35’ Ill’. 1dm. Code’

254 132(b) and Section 205 300 of the Board Air Pollution

Regulations, 35 Ill 1dm Code 205 300

/

35 Respondent, by its conduct as alleged herein, has

violated Section 254 132 (b)of the Illinois EPA’s Regulations, 35

Ill. Adm. Code 254.132(b); Section 205.300(b)(1),’of the Board Air

Pollution Regulations, 35 Ill 1dm Code 205 300(b) (1), and

thereby also,viOlated Section 9(a) of’the ~ct, 4l5±LCS

5/9 (a) (2002)      

S

WHEREFORE, Complainatht, PEOPLE OF’THE STATE OF ILLINOIS,.

respectfully requests that the Board enter a judgment in favor of

32

Complainant and against Respondent, GTC, International, on Count

1.  Authorizing a héa~ingin this matter at which time

Respondent will be required to answer the allegations herein;

‘2.  Finding that Respondent has ‘violated S~ctions 9(a)of

the Act, 415 ILCS 5/9 (a) (2002) 

,

Section .205’. 309(b) (1) of the . ,

Board Air Pollution Regulations, 35 Ill 1dm Code 205 300 (b) (1),

and Se’ction 254.132(b) of th~Illinois’EPA’s Regulations, 35 Ill.

1dm. Code 254.132(b);  

5

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3  Ordering Respondent to cease and desist from further

violations of Sections 9(a)of the Act, 415 ILCS 5/9(a) (2002),

Section 205 300 of the Board Air Pollution Regulations, 35 Ill

Adm.Code 205.300, and’ Section 254.132(b) of the IllinOis EPA’s

Regulations, 35 Ill 1dm Code 254 132(b),

4.  Assessing against the Respondent a civil penalty of

Fifty Thousand Dollars ($50,000 00) for each violation of the Act

and pertinent Board Air Pollution Regulations, and an additional

civil penalty of Ten Thousa~ndDollars ($10,000 00) for each day

of violation,

5~ .Taxing all costs’ in this action pursuant to Section

‘‘42(f) of thé,Act, i.ncl~dingattOrney, expert witness and

S   ,   consultant fees; a~ainst Res~orident; ‘and 

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6.  ‘Granting si~chother relief’ as,, the Board deems      

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appropriate and just

33

Of Counsel: 

,   S   , ,   ,       

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JOEL J. ,STERNSTEIN

Assistant Attorney General

Environmental’ Bureau ,  S

188 W. Randolph S,t., 

2oth

Floor

Chicago, ‘IlliPoi’s 60601

(312) 814-6986 . 

“

PEOPLE’ OF THE STATE OF ILLINOIS,

‘~xrel. 

LISA MADIGAN, Attorney

General of the State of ‘Illinois

‘MATTHEW J. DUNN,. ,Chief

S       Environmental Enforcement/

Asbest 

Litigation Division

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Ir1~\Cornp1aint

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final.’wpd 

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By:

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S  Environmental ‘Bure~

Assistant Attorney

CI

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CERTIFICATE OF SERVICE    

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,

I, JOEL J. STERNSTEIN, ~n Assistant Attorney ‘Gené,ral 

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certify that on the 19th day Of iAugu’st 2004, I caused to be

served by Certified Mail the foregoing Complaint to, the’. parties

named on the attached service list, by depos~ting same in postage

prepaid envelopes with the United States Postal Service located

at 100 West Randolph Street, Chicago, Illinois 60601

S

,

‘JOEL J. STERNSTEINS 

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,

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