1. CERTIFICATE OF SERVICE
BEFORE THE’ ILLINOIS POLLUTION CONTROL BOARD
REC~E~VED
CLERK’S OFFfCE
PEOPLE OF THE STATE OF ILLINOIS,
SEP 21 2004
Complainant,
)
,-/
STATEOF ILLINOiS
&~‘.
Pollution Control Board
v.
I
PCBNo.0-(-
(Enforcement
-
Air)
OMRON AUTOMOTIVE ELECTRONICS,
INC.,
a Delaware corporation,
Respondent.
)
.
.
NOTICE OF FILING
To:
See Attached Service List.
.
0
PLEASE TAKE NOTICE that
I have today filed, with the Office of the
Clerk of the Pollution Control Board Complainant’s Complaint
for. Civil
Penalties,
a copy of which is 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 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.
.
0
,
LISA
MADIGAN
Attorney General
State of Illinois
&kv4Y
1~c&c
~~FER
A.
OMAS
September
21, 2004
Jennifer A. ,Tornas
‘
‘Assistant Attorney General
Environmental ‘Bureau
188 W. Randolph Street,
20th
Fl
Chicago, Illinois 60601
(312)
814-0609
SERVICE LIST
Richard
M.
Saines,
Esq.
,
‘
Baker
& McKenzie
One Prudential
Plaza,
Suite 3500
130. East Randolph Drive,”
‘
0
Chicago, Illinois 60601
Maureen Wozniak
‘
0
Division of Legal Counsel
‘
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Illinois Environmental Protection: Agency
1021 North Grand Avenue East
0
‘,
p.o. Box 19276
‘
.
,:
,
,
,
,
Springfield,
Illinois 62794_9276
0
RE’~.~vED
BEFORE THE ILLINOIS POLLUTION
CONTROL
BOARD
CLERK’S OFFICE
0
,
,
‘
‘
‘
‘
SEP212004
PEOPLE OF THE STATE OF ILLINOIS,
.
,)
0
‘
‘
‘
‘
STATEOF ILLINOIS
Complainant,
)
~ollution
Control Board
V.
)
PCB No..
(Enforcement
-
Air)
OMRON
AUTOMOTIVE
ELECTRONICS,
INC.,)
a
Delaware
corporation,
0
Respondent.
)
0
‘,COMPLAINT
FOR
CIVIL
PENALTIES
0
,
‘
,
0
Complainant,
PEOPLE OF THE.STATE OF ILLINOIS, by LISA
‘
‘
MADIGAN, Attorney General
of
the State of Illinois,
complains of
Respondent,
OMRON ‘AUTOMOTIVE
,
INC., a Delaware
0
corporation,
as follows:
‘
0
‘
COUNTI
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‘
0
CONSTRUCTING AIR EMISSION
SOURCES WITHOUT
A PERMIT
.
1.
This complaint
is brought on behalf of the People of
‘
0
the State of Illinois,
by Lisa Madigan, Attorney General of the
0
State of Illinois,
on her own motion and at the re~uéstof the
0
Illinois Environmental Protection Agency (“Illinois EPA”).
0
0’
0
2..
The Illinois EPA is an administrative agency of the
,
State of Illinois,
created pursuant to Section 4 of the Illinois
0
Environmental Protection Act
(“Adt”)
,
415 ILCS 5/4
(2002),
and
is charged,
inter alia,
with’ the duty of enforcingthe
Act.
3.
This complaint
is brought pursuant ~o section 31 ‘of
the Act,
415 ILCS 5/31
(2002)
,
and is an action for civil
‘
.
penalties
4.
At all times relevant to this Complaint, Omron
AutomotiVe Electronics,
Inc.
(“Omron”)
was and is a Delaware
corporation.
Omron’ s Illinois, foreign’ business corporation
status was revoked in 1999 for failure to submit an Annual
0
Report
for 1998.
Therefore, Omron has been operating its
business despite not being licensed to.
do
so in Illinois since
1999..
.
,
0,
5.
‘
Omron manufactures circuit boards, for
tlie automotive
industry at its facility located at 3790 Ohio’Averiüe, St.
Charles,
Kane County,
Illinois
(“Site”).
0
‘
‘0
0
6.
.
OrnrOn applies coatings to plastic parts on circuit
0
‘
0
boards.
‘This process involves regulat’ed emissions of volatile
0
organic materials
‘(“VOM”)
such as inks,
flux,
coatings,
0
,
0,
thinners,
epoxy and clean-up solvent.
EmissiOn sources at the
facility include the ICC Department
(electric curing oven,
spray
O
fluxer,
chip/wave soldering and ~endil
soldering),
the ECU
Department
(four soldering stations, üretháne coating
0
‘
station/electric curing oven,’two stamping stations and
liv.
marking/curing),
the Relay Department
(three coil
0
winding/flux/soldering stations, t~aree‘flux/soldering stations,
‘0
two epoxy sealing/curing ovens a~idthree
liv
marking/curing..
stations),
and solvent clean-up operations.
0
0
7.
On April
5,
1996, Gmron
w,as issued Operating Permit
2
Number 95100061, ‘authorizing operation of
the, ‘emission sources
listed in paragraph
6,
above.
That permit expired’ on April
5,
2001.
.
.
‘
0
8.
Omron was then issued Lifetime Operating Permit No.
95100061 on October 24,
2001
(“Permit No
95100061”)
That
permit allowed Omron to operate emission units consisting of the
ICC’ Department
(spray fluxer and electric curing
oven)., ECU
.‘
Department
(urethane coating station,
2 stamping stations,
uv
‘
marking/curing station and electric curing ‘oven),’ and Relay
‘
,
Department
(3
coil winding/flux stations,
3 flux stations,
2
0’
epoxy sealing/curing ovens and
3 UV marking curing stations.
0
9.
On December 29, 2003,
Orr~ron’sLifetime Operating
,
0
Permit No. 95100061 was revised (“Revised Permit
No’.
95100061”)
,
0
The revised permit no
95100061 permitted Omron to operate
emission units consisting of soldering flux application,
conformal coating application, product marking, metal stamping
and clean-up operations
10
Section 9(b)
of the Act, 415 ILCS 5/9(b) (2002),
provides in pertinent part
as follows
No person shall:
,
,
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‘O’
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,
,.
‘0
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“
,:‘
(b)
Construct,
install, or operate any equipment,
facility, vehicle, vessel, or aircraft capable of
O
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,
.
.
causing Or contributing to air pollution ~r
0
designed to prevent air pollution,
of any type’
0
designated ‘by Board regulations, without a permit
3,,
granted by the Agency,
or ‘in violation’ of any
,
conditions imposed by such permit;’
11.
Sections 3.115,3.165 and 3.315 of the’Act,
415. ILCS
5/3 115,
5/3 165 and 5/3 315
(2002), provide the following
definitions, respectively:
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o..
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“AIR POLLUTION”
is the .presenOe. in the atmosphere of’
one or more contaminants.in sufficient quantities and
of such characteristics and’duration as to be
00
injurious to human,
plant.,
or. animal life,
to health,
or to property, or to unreasonably.interfere with the
enjoyment of life or property.
‘,
0
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“‘0
“CONTAMINANT” is any solid,’ liquid, orgaseous i~natter,
any odor,
or any form of energy,’ from whatever source.
O
“PERSON” is any individual, partn~rship,’co-
partnership.~. firm,
company, limited liability company,
corporation, association,
joint .stock company,
trust,
estate, political subdivision,
state agency,.or any’
other legal entity, or their legal representative,,
agent or assigns.
,
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12.
Omron is a “person” as that term i,~defined in ‘Section
O
3.315: of ‘the Act, 415 ILCS’ 5/3...31~ ‘(2002.)
.
,
13
VOM is a “contaminant” as that term is defined in
Section
3
165 of the Act, 415 ILCS 5/3 165
(2002)
14.
Section 2,01.142 of the Illinois, Pollution Control
Board
(“Board”) Air Pollution Regulations,
35 Ill
Adm
Code
201.142, provides
as’ follows:’
0.0
Construction Permit ‘Re~uired
0
0
‘No person shall cause or allow the construction ‘of an~r
O
new emission ‘source o~any new air pollution control
equipment,
or cause or allow the modification of any
existing emission source or air pollution control
equipment,
without first obtaining a construction
04
O
permit from the Agency,
except
as provided in Sections
201.146.orSection 201.170(b)
of this Part.
15.’
0
SectiOn 201.102 of the Board Air Pollution
O
Regulations,’ 35
Ill. Adm. Code 201.102, provides
as’ follows:
•
0
,
“Construction”:
Commencement of on-site fabrication,
erection or installation of an emissionsource or of
O
air pollution control equipment.
,
“Emission Source”
Any equipment or facility of a type
capable of emitting specified air c~ntaminantsto the
atmosphere.
.
0
‘
•
,
“New Emission Source”: Any emission source,
the
construction or modification of which is commenced on
or after April
14,
1972.
0
“Specified Air Contaminant”: any air contaminant as to•
which this Subtitle contains emission standards or
other specific limitations and any contaminant.
“
,
regulated in Illinois pursuant
,to Section 9.1 of the
0
Act.
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0
,
•
‘
16.
VOM is
a “specified air contaminant”
as
that. term is
defined in Section 201 102 of the Board Air Pollution
Regulations
0
‘
17.
Omron replaced and/or upgraded coating lines
0
,
,
,
throughout the Site between 1996 and 2003
The Site consists of
emission sources and/or process emission units capable of
emitting VOM and therefore Omron “constructed” “new emission
sources” as these terms are defined by Section 201 102 of the
Board Air Pollution Regulations,
35 Ill.Adm.
Code 201.102;
18
Omron failed to obtain required construction permit(s)
from the Illinois EPA prior to constructing the new emission
5
sources at the Site.
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•
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•
19.
Omron’s new emission sources were not exempted from
,
the State permitting requirements by the Illinois EPA pursuant
to Section 201.146 of the Board Air ‘Pollution Regulations,
35
Ill.
Adm. Code 201.146.
0
,
0
•
20.
By constructing new emission sources without obtaining.,
any construction permits from the Illinois EPA~Omron violated
0,
Section 201.142 of the Board Air Pollution Regulations,
35
Ill.
•
Adm. Code 201.142, and thereby, violated Section 9(b)
of the
Act,
415 ILCS 5/9(b) (2002)
0
0
••
.
0
00,
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an,order against
0
Respondent, OMRON AUTOMOTIVE ELECTRONICS, ‘INC.,
for.the
‘
‘F,
•
following relief:
,
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,,
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Authorizing a hearing in this matter at which, time
Respondent will be required to answer the allegations herein,
2
Finding that Respondent has violated Section 9(b)
of
the Act,
415 ILCS 5/9(b) (2002), and Section 201 142 of the Board
Air pollution Regulations,
35
Ill.
Adrn. Code 201.142;
•
.,
,
“0
3
Assessing against the Respondent a civil penalty of
Fifty Thousand Dollars
($50,000
00)
for each ana every violation
of the Act and pertinent regulations, and an additional civil
penalty of Ten Thousand Dollars
($10,000 00)
for each day of
violation,
6
“
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‘~
4.
Taxing all costs in this action, including attorney,
expert witness and consultant
fees,
against the Respondent; and
5.
Granting such other relief as the Board deems
appropriate ‘and just.
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•
,
COUNT
II
•
.
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FAILURE “TO OBTAIN OPERATING: PERMITS FOR NEW EMISSION SOURCES
1-17.
‘
Complainant realleges and incorporates’ by
,
reference herein paragraphs
1 through 13,
15 through 17, and
paragraph 19 of,Count
I as paragraphs
1 through 17 of this Count
II.
18.
Section 201.143
of the Board Air Pollution
0
,
Regulations,
35
Ill. •Adm.
Code 201.143, provides as follows:
Operating Permits for New Sources
.
0
No person shall cause or ‘allow the operation of any
new emission source or new air pollution control
equipment
of. a type for which a construction permit
is
0
required by.Section 201.142 without first o~tainingan
operating permit from the Agency,
except for such
O
testing operations as may be authorized by the
construction permit. Applications for operating
•permits shall be made at such times and contain such
0
information
(in addition to the information required
by Section 2.01.157
as shall be specified in the
0
construction permit.
0
,
O
19.
Between 1996 and 2003,
on dates better known
to. Omron,
Orr~ronreplaced edsting emission equipment at its Site with’
similar equipment.
The replacement equipment was capable of
greater amounts
of, emissions than the existing equipment.
20.
From 1996 through 2003,
on dates better known’to’
•
F,
0
7
Omron,
Omron operated the’ new emission sources. at the Site
•‘
without obtaining an operating permit’ ‘from the Illinois EPA.
21.
Omron, by its actions and omissions as alleged herein,
violated Section 201.143 of:the Board Air Pollution Regulations,’
35 ill. Adm. Code 201.143, and thereby, violated Section 9(b)
of
the Act,
415 ILCS 5/9(b) (2002)
.
‘
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•
‘
F
WHEREFORE,
Complainant,
PEOPLE’ OF THE
STATE. OF ILLINOiS,
‘
0
respectfully requests that the Board enter an order against
F
Respondent,
OMRON AUTOMOTIVE ELECTRONICS,
INC.,’for the
F
following relief:
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0
•
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0
1.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
0’
2.
Findingthat Respondent has .violatèd’Section9(b)
of
•
‘
the Act,
415 ILCS 5/9(b) (2002),
and Section 201.143 of the Board
Air .Pollution Regulations,
35
Iii. Adm.’,Code 201.143;
‘
0
.
3.
Assessing against the Respondent a civil pen~.ltyof’
Fifty Thousand Dollars
($50,000.00)
for e~chand’everyviolatidn’
of the Act and pertinent regulations,
and an a~ddit±Onal
civil
,.penalty of Ten Thousand Dollars
($10,000.00)
for each day o~
•
violation;
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0
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4.
Taxing all costs
in..this action,
inoluding attorney,
expert witness and consultant fees, “against the Respondent;
and”
5.
‘
~ranting such other relief asthe’Board deems
appropriate and just.
,
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8
•
COUNT III
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FAILURE TO OBTAIN A CLEAN AIR ACT PERMIT PROGRAM
(CAAPP)
PERMIT,
..
0
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‘Complainant realleges and incorporates
by
reference
herein
paragraphs
1
through
9,
11
through
13,
15
through 17, and paragraph 19 of Count
I as ‘paragraphs
1 through
16 of this Count III
17.
Section 39.5(6) (b)
of the Act, 415 ILCS
5/39..5(6)(b)’(.2002), providesin pertinent’ part as follows:
b.
....
no person shall operate a CAAPP source
•
,
,
.
without
a
.CAP~PP.permit unless the complete
CA~PPpermit’or renewal application for such
source hasbeen timely submitted to the
Agency.
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0
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18~ Section 39.5(1)
of the Act,
415’ ILCS 5/39.5(1) (2002)’,
provides the following definitions
•“C~j~.pp”means the Clean Air Act Permit Program,
•
developed’ pursuant to Title V of the Clean Air Act.
_______—
~
pe-rrn-i-t”
(-u-nle-s-s—t-he-—ee-nt-e-x-t--——
—
—
suggests otherwise)
means any permit issued,
renewed,
amended,’ modified or revised ‘pursuant to Title’ V of
‘the Clean Air. Act.
,
,
.
,
0
,
‘
.
,.
“Source” means any stationary source
‘(or’ any group of
stat,ionar~sources)
that are located on One or more
contiguous or adjacent properties that are under
0
common control
of, the same person
(Or persons under,
common control)
and that belongs to asingle’major
industrial grouping.
,
0
•~
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“Owner or operator” means any person who owns,
leases,,
operates,
controls,
or supervises’ a stationary source.
‘9
1-16.
6.
.
Prohibition
*
*
*
~‘Stationarysource” means
aiiy building,
structure,
0
facility, or installation that• emits or may emit any
regulated air pollutant or any pollutant listed under
Section 112(b)
of the Clean Air Act.
0
“Regulated air pollutant” means
t’he following:
(1)
Nitrogen ox•ides
(NOx)
or any volatile organic
compound.
19.
Section 39.5(2) ‘of the Act, ‘415 ILCS ‘39.5(2) (2002),
provides in pertinent part ~s follows:
2.
Applicability.
.
F
a.
.
Sources subject to this Section shall
include:
0•
0
i.
.
Any major. source ‘as defined in
paragraph
(c)
of this subsection.’
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,
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*
c.
For purposes of this Section the t~rm“major
source” meanS ‘any source’ that ±8:
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.
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•
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•
iii. A major stationary source as defined in
part D of Title
I of ‘the Clean Air Act
•
‘
including:
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•
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O
A.’
For ozone nonattainment areas,
sourdes with’the potential to emit
• 100 tons Or more per year of
volatile organic :compounds or
oxides of nitrogen in areas
classified as
ilmarginall! or
•
,
“moderate”,
.
.
.
25 tons or more
per year ‘in a~e.asclassified as
~‘severe”,
.
.
.
0•
•
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20.
The Illinois EPA Rules pertaining to the Clean Air Act
Permit Program (“CAAPP”) Procedures,
35 Ill. Adm. Code
Pax7t
270
10
O
et
seq.’;
became effective on January 4,
1994.
The’ Title V
program
the statutory provision ‘of 415 ILCS 5/39.5
—
was
approved
by
the
United
States Environmental Protection Agency
(“USEPA”) in its final interim approval.
The effective date of
the interim approval was March
7,
1995.
‘
0
21.
Section 270.107 ‘of the Illinois EPA Rules,
35
Ill..
H
Adm.
Code 270.1b7,. entitled “Applicability”, provides as
follows:
‘
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0
,
0
•
,
This Part applies to the owner or operator of any
source
required
to
have
an operating permit pursuant
.
0
to Section 39.5 of the Act.
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0
22.
Section 39.5(5) (x)
of the Act, 415 ILCS
5/39.5(5)
(x)
(2002),
provides
as
follows:
,
0
•
x.,
The owner or operator of a •new CAAPP source shall
submit its complete CAAPP application consistent
•
•‘
with this subsection within 12 months after
•
.
commencing operation of such source. The owner or
O
,
operator
of
an
existing
source
‘that
has
been,
‘
O
‘,
excluded
from
the
provisions
of
this
Section
under subsection 1.l’or subsection
3(c)
of
this
Section and that becomes subject to the CAAPP
solely
due
to
a
change
in operation at
the’ source
0
•
•
.
—sh-a~-1—s~mi
t
~
,
O
consistent with this subsection •at least 180 days
•
before commencing operation in accordance with
•
the
change
in
operation.
‘
•
•
:
‘
0
23~ The equipment described in paragraph
6 of ‘Count
I of
O
this ‘Complaint emits or may emit VOM,
a regulated air,.pollutant
as defined. bySection 39.5(1)
of the Act.,
415
ILOS’.
.
0
‘.0
O
5/39.5(1)
(2002)
.
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,
:
0
,
0
‘F
,
‘o
O
,
24.
From 1995 to ~pproximately,2002,
Omron was excluded
‘
11
0
0
from the ~AP~PPrequirement ‘pursuant’ to 39.5(1.1)
and 39.5(3)
(c)
of the Act, 415 ILCS 5/39.5(1.1)
and
(‘3)
(C)
‘(2002),
because
its
‘potential
to emit was less than 25 tons pursuant to Section’
39.5(2) (c) (iii) (A),
415 ILCS 5/3~.5(2)(c) (iii) (A) (2002).
.25.
However,
beginning,
in
approximately June2002, or a
date better )cnownto Omron,
Omron increased its potential
•
0,
emissions to greater than 25 tons per year.
‘
.
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•
‘
26.
Omron’s Site emits a regulated air pollutant and,
‘
therefore,
is a stationary source,
as that term isdefined,in
Section
39.5(1)
of
the
Act,
415 ILCS 5/39.5(1) (2002).
‘
,
27.
‘Omron 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).
‘
.
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•
28.
The Omron Site is located in
a’ severe nonattainment
area for ozone and has the p’otential.to emit VOM in excess of 25,
.‘
tons per0 year.
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‘0
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29.
As such,
the Site is
‘a major stationary source.,
as
,
•
F,
that term. isdefined in Section 39.5(2)
(c) (iii)
(A)
of the
•
0’
Act, 415 ILCS 39.5(2) (c) (iii) (A) (20Q2)
.
Therefore,
the CAAPP,
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0~
O
‘
set ‘forth in Section 39.5 of the Act,
415’ ILCS 5/39.5
et:
seq.
•
‘
(2002),
and
35
Ill.
Adm.
Code
270.107,
the
cbrre’spondingPart
270
Illinois
EPA
Rules,
35
Ill..
Adm.
Code
“270
et
seq.,
pursuant
to Section 270.167 of the Illinois EPA Rules,
35
Ill’.
Adm.
Code’
270.170,
are
applicable
to
the
Omron
Site.
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,
•
,
0
12
30.
Section ~70’.103of the Illinois EPA Rules,
~5 Ill.
Adm. Code 270.103, contains the following definition,:.
0
‘
Existing
CAAPP
Source
“Existing
CAAPP
source”
means
a
CAAPP
source
that
commenced
operation
prior
to
the
effective
date
of
the
CAA.PP.
,
.
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•
.
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•,
,
0
31.
The
Omron. Site
is an existing CAAPP source as that
‘term is defined. in Section 270.103 of the Illinoi,s EPA Rules,
35
‘
Ill. Mm.
Code 270.103.
,
0
0
32.
As
the
owner
or
operator
of
an
existing.
sOurce
that
had been excluded from the CAAPP permit provisions and that,
become
subject’to
the
CAAPP solely due to a
change
in
operation,
Omron was required to submit
its
complete
CAAPP
~ppl±cation
at
least
180 days before commencing operation in accordance with
•
‘
the change ±n’operation, pursuant to Section 39.5(5) (x)
of
the
Act, 415 ILCS 5/39~5(5)(x) (2002).
,
33.
Omron
was
required
to submit its CAAPP application by
December
2001.
Omron
did
not
submit
its
CAA.PP
application until
February. 10,2004.
To date, Omron continues to operate’ without
the required CAAPP permit.’,
0
‘
,
,0
•
34.
Because the,above-referenced CAA.PP application was
untimely’,
Omron did not receive a “shield” from the ‘requirement
,
0
to operate under a CAAPP permit during the Illinois EPA’s review
of the application., Accordingly, from at least December 2001
‘,
“
0
O
through the filing date of this Complaint,
Omron has operated a
13
C.AAPP
sourcewithout timely submitting a complete CAAPP permit
application and obtaining a CAAPP permit, pursuant to Section
39.5(6) (b)
of the Act, 415 ILCS 5/39.5(6) (b),(2002)
.
0
,
,
‘
35..
By’not timely submitting a complete CAAPP permit prior
,
tooperating
a facility thatis ‘regulated by the, provisions of
0
the
CA-APP ‘and by operating a facilitywithout the requisite
•
CAAPP permit,
Omron.violated’ Section 39.,5(6) (b)’’,of the
Act’,,
415.
.
ILCS 5/39.5(6) (b) (2002)
.
.
.
,
.
.
,
,
.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
‘
,
F
‘
respectfully requests that the Board enter an order against
0’
Respondent,
OMRON AUTOMOTIVE ELECTRONICS,
INC.,
for the
0
‘
‘
following relief:
0
‘
‘
.
.
0
,
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 .S’~ction
‘
•
,
39.5(6) (b)
of the Act,’ 415 ILCS 5/39.5(6)(b) (2002);’’,
0
3.
,
Assessing. a’gainst the Respondent a civil penalty, of
,
‘
F
.Fifty Thousand Dollars
($50,000.00)
for each and’every’v±olation
‘,
of,
the
Act
and
pertinent
regulations,’
and
an
additional
civil
:
penalty of Ten Thousand Dollars
($10,000.00)’ for each day of
violation;
.
,
0~
‘
‘
4.
Taxing all costs in this action,
including’ attorney,
expert witness and Oonsultant f~es,against the Respondent;
and,
5.’
Granting such other relief as the Board deems
14
appropriate ,and just.
coin~’riv
.
.
VIOLATION OF OPERATING PERMIT CONDITIONS
1-13.
‘,
‘
Complainant’realleges
and
incorporates
by
‘reference
herein,
paragraphs
1 through 13 of Count
I as
paragraphs
‘1, through
13 of this Count IV.
.‘
14.
Condition
3 of Permit No.
95100061,
issue’d to Omron
Automotive Electronics,
Inc. ,on October 24,
2001, provides as
follows:
‘
,
‘
Emissions and operation of ICC,
ECU, and Relay
Departments shall not exceed the following limits:
,
0
‘
VOM Usage
,
VOM Emissions
•
Material
(Lb/Month)
(Lb/Year)
(Lb/Month)
(Lb/Year)
Inks
‘,
,
‘
5
40
0
5’
0.02
Flux
‘
“
,
610
‘
6,100
,
‘
610
3.05
.
0
Coatings
‘
‘
36
‘
‘
360
36
0.18
O
Thinners
‘‘1,030’,
‘0
10,300
1,030
‘
5.15’
Epoxy
.
4,2
420
‘
42
0 .21
Clean-tJp Solvent
712’
7,120’
‘
‘
712
,
3.56
TOTAL
12.17
‘
These limits are based’ on complete’ volatilization of
the VOM content of the materials,
material VOM usage
=
,
O
materia~l—~age--x
rnateri-al VOM content,, maximum
,,
material usage rates,
and the information provided in
the. permit application.
Compliance ‘with annual limits
O
0
shall be,determined from a runningtot.al of
12, months
of data.
‘
,
‘
,
,
‘
15.
Beginning in ~.pproximately2000,
on a date better
‘
‘
known ‘to Omron,
Omron began exceeding the monthly usage’ limits
of its
inks’,
flux,” and thinners under Permit No.
95100061.
‘
0
These exceedances continued until Omron obtained its,revised
,
•
,0
15
permit on December 29, 2003.
,
‘
,
‘
‘
,
•
,
16
Omron,
by its acts and omissions alleged herein,
violated
Condition
3. of Permit No.
95100061.
,0
.17.
‘Condition
5 of ‘Permit,No.
‘95100061 provides as
follOws:
,
,‘
,
,
0
,0
The
Permittee”shallma,intain
the
following
records:
a.
Name,
usage
(lb/month
and
lb/year),’
VOM
and
HAP
content
(~
wt
or
lb/gallon),
and
VOM
and
HAP
emissions
(lb/month’
and
tons/year)
for
each
‘of
the
following:
0
,
,
0
‘
i.
Inks;
‘
‘
“
‘
,
‘O
‘
ii.
Coatings;
,
0
‘
0
“
.
0
‘
iii.
Flux;
‘
‘
0
‘
‘,
,
,
,
‘
‘
iv.
Thinner,
‘
0
,~
0
,
v.
,
Epoxy;
and
,
,
,
,‘
vi.
Clean-up solvents.
,
0
,
,
0
:18.
For a period’ of time best known to Omron,
Omron failed
to keep required records of the name and usage,
VON and
HAP
content, and emissions from inks,
coatings,
flux,
thinners,
stamping oils,
and clean-up solvents used at the Site in a form
required by its permit
19
Omron, by its acts and omissions alleged herein,
violated Condition 5 of Permit No
95100061
20
Condition 7 of Permit No
95100061 provides as
follows
If there is an exceedance of the requirements of this
permit
as
determined
by
the
records
required
by
this
permit,
the ‘Permittee shall submit a report to the
•
,
.
Illinois EPA’s Compliance Section in Sprihgfield,
,
Illinois within 30 days after the exceedance
The
16
.report shall include the emissions released in
accordance with the recordkeeping requirements,
a copy
of the relevant records, and a description of the
exceedánce or violation and efforts to reduce
emissions and future occurrences.
,
,
21..
Beginning ~n approximately
200,0, on a date better
known to Omron,
Omroñ began exceeding it’s monthly permit limits
under. Permit
NO.:
951,00061’ for VON emissions.’
Omron discovered
those violations in approximately August. 2002,
as a result of an
internal compliance audit.
‘
Omron failed to report the above-
referenced exceedances to the Illinois EPA when they were first
discovered.
Omron reported the exceedances to the Illinois EPA
on’ May
2’,
2003.
‘
22.
Omron,
by its adts and omissions alleged herein,
violated COndition 7
of Permit No.
95100061.
23.
‘
Condition
‘9 of Permit No. 95100061 provides as
O
follows:’
F
‘
‘
‘
,
0
‘,
‘
Persons with lifetime operating permits must obtain a
revised permit for any of the following changes at the
source:
‘‘
0
0
‘
‘
0
O
a;
An increase in emissions above the amount, the
emission, unit or source is permitted to emit;
b.
A modification;
0
c.
A ~hange’in operations that will result in the
‘source’s noncompliance with conditions
in the
existing permit; or
‘
d.
A
change
in
ownership,
company name,
or address,
so that the application or existing permit
is no
longer accurate.
0
,
‘
0
0
17
‘24’.
As early’as
‘2000, Omron began increasing its emissions
,above
its
permitted
limits under Permit No.
95100061.
At that
time,
Omron failed to obtain a revised permit’ frornthe Illinois’
EPA.~ In addition, Omron replaced and/or added equipment to
its,
facility without obtaining, a new permit from t’he Illinois EPA.
Omron did not obtain a revised permit that accurately reflected
emissions
from
and equipment
at
its
facility until receiving ,its
Revised Permit No.
95100061 on December
,29,
2003.
25.’
Omron, by its acts and omissions alleged herein,
‘
violated Condition 9 of Permit No.
95100061.
0
26.
As a person who,. from approximately 2000 through 2003,,
on dates better known to Omron,’ operatea’a Site which included
equipment ‘capable’ of causing or contributing to air pollution,
in violation of conditions imposed by Permit No.
95100061, Omron
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 an order against
Respondent,
OMRON AUTOMOTIVE ELECTRONICS,
INC.,
for the
‘
‘,
•
following relief:
,
,
0
‘
,
F,
‘.
1~.
Authorizing a hearing
in’ this matter at ‘which time,
Respondent will, be required to answer the allegations’herein;
0
2.
‘
.Finding that Respondent has violated’ Section
9(b). of
the.Act,
415 ILCS 5/9(b) (2002), and Conditions
3,
5,
7,
and
9’ of
Lifetime, Operating Permit No.
95100061;
•‘
‘.‘
0
18
3.
,
Assessing against the Respondent
a civil penalty of
Fifty
Thousand
Dollars
($50,000.00)
for
each
and
every
violation
of
the
Act
and pertinent regulations, and an additional civil
penalty.
of
Ten
Thousand Dollars
($10,000.00)
for each day of
violation;
:
‘
‘
4.
‘
Taxing
all
costs in this action, including attorney.,
expert witness and consultant.fees,
against the Respondent;
and
5.
Granting suOh other relief as’the Board deems
appropriate and just.
‘
0
O
‘,
PEOPLE OF THE STATE OF ILLINOIS,
by
LISA
MADIGAN,
Attorney
General
of
the
State
of
Illinois
MATTHEW J.
DUNN,
Chief
Environmental Enforcement/
•
Asbestos Litigation Division
Of’Counsel
,
Jennifer A.
•Tomas.
‘
,
Assistant Attorney General
Environmental Bureau
‘
188 W. Randolph Street, “Suite 2001
Chicago,
Illinois 60601
.
‘
(312)
814-0609
‘
,
0
By:
Assistant Attorney
19
CERTIFICATE OF SERVICE
I,
the undersigned, certify that
I
have
served
the
attached
Complaint for Civil
Penalties,
by U.S. Certified Mail
(return
receipt requested), upon the following persons:
Richard M.
Saines,. Esq.
Baker
&McKenzie
•
One. Prudential Plaza,
•
Suite 3500
•
130 East Randolph Drive
•
•
chicago’, Ill±~iois
60601
Maureen
Wozniak
•
•
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avern4e; East
P.O. Box 19276
springfield,
Illinois 62794-9276
IFER A. TOMAS
Assistant Attorney General
Environmental Bureau
188 W. Randolph Street,
20th
Fl.
Chicago, Illinois 60601
(312)
8l4-06O~

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