RECI~E~\!ED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OCT
42004
STATE OF ILIJNOIS
PEOPLE OF THE STATE OF
ILLINOIS,
)
poHution Control Board
Complainant,
-7
v.
)
PCB No.
05-
(Enforcement
Air)
NORTH ROCKWELL,
LLC,
an Illinois
limited liability company,
Respondent.
NOTICE
OF FILING
To:
See Attached Service List.
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.
LISA
MADIGAN
Attorney General
State of Illinois
_______AS
E
FER A.
TOMAS
October
4,
2004
Jennifer A. •Tomas
Assistant Attorney General
Environmental Bureau
188 W. Randolph Street,
20th1
Fl.
Chicago,
Illinois 60601
(312)
814-0609
SERVICE LIST
North Rockwell,
LLC
do
Gary L.
Plotnick, Agent
222 North LaSalle Street,
#1910
Chicago,
Illinois 60601
David Ballinger
Horwood, Marcus & Berk
180 North LaSalle Street,
Suite 3700
Chicago,
Illinois 60601
Chris Pressnall
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
Illinois 62794-9276
REcVED
LERK S OFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
ocr
4 2004
PEOPLE OF THE STATE OF ILLINOIS,
)
STATEOFILL~\Q~
-
POfl~t~~~
Con
ro’
~Oc:rii
Complainant,
v.
)
PCB No. 05-(L~3
(Enforcement
-
Air)
NORTH ROCKWELL,
LLC,
an Illinois
limited liability company,
Respondent.
COMPLAINT FOR CIVIL PENALTIES
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney Generalof the State of Illinois,
on her own
motion and at the request of the Illinois Environmental
Protection Agency,
complains of the Respondent, NORTH ROCKWELL,
LLC, an Illinois limited liability company,
as follows:
COUNT
I
AIR POLLUTION
1.
This count is brought on behalf of the People of the
State of Illinois by Lisa Madigan, Attorney General of the State
of Illinois,
on her own motion and at the request
of the
Illinois Environmental Protection Agency
(“Illinois EPA”)
pursuant to Section 31 of the IllinOis Environmental Protection
Act
(“Act”)
,
415 ILCS 5/31
(2002)
•
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 is charged,
inter alia,
with the duty of
enforcing the Act.
3.
At all times relevant to this Complaint,
North
Rockwell, LLC
(“North Rockwell”) was and is an Illinois limited
liability company registered in good standing with the Illinois
Secretary of State’s Office.
4.
North Rockwell
is the owner of a former print shop
located at 2609 West Belmont, Chicago,
Cook County,
Illinois
(“Site”)
5.
On June
6,
2003,
the City of Chicago, Department of
the Environment
(“DOE”) observed three
(3)
1.5 yard garbage
dumpsters full of •suspect thermal system insulation
(“TSI”)
possibly containing regulated asbestos-containing material
(“RACM”)
in a secured area at the Site.
6.
On June 11,
2003,
the Illinois EPA,
pursuant to
information provided by the DOE,
observed that the lock securing
the garbage dumpster area had been cut and that only two
(2)
1.5
yard garbage dumpsters of suspect material remained at the Site.
Two samples of dry,
friable, suspect TSI were obtained from this
area; one from inside a dumpster and two from inside garbage
bags within the dumpster.
The sample taken from inside the
dumpster and one of the samples taken from the garbage bag
within the dumpster tested positive for 2
chrysotile asbestos.
The two
(2)
1.5 yard dumpsters contained approximately 150 cubic
feet of
R7-~CM.
2
7.
On June
11,
2003,
there was suspect TSI and aluminum
sleeves that hold TSI along the east side of the building
located at the Site.
A sample of dry,
friable suspect TSI
located on the ground near the center of the north wall tested
positive for 2
chrysotile asbestos.
Another sample of suspect
debris taken from a sink on the center of the north wall tested
positive for 25
chrysotile asbestos.
8.
Section 9(a)
of the Act,
415 ILCS 5/9(a) (2002),
provides as follows:
No person shall:
(a)
Cause or threaten or allow the discharge or
emission of any contaminant into the environment
in any State so as to cause or tend to cause air
pollution in Illinois, either alone or in
combination with contaminants from other sources,
or so as to violate regulations or standards
adopted by the Board under this Act;
9.
Section 201.141 of the Illinois Pollution Control
Board
(“Board”) Air Pollution Regulations,
35
Ill. Adm.
Code
201.141, provides as follows:
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.
10.
Section 3.115 of the Act,
415 ILCS 5/3.115
(2002),
provides the following definition:
3
“AIRPOLLUTION”
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.
11.
Section 3.165 of the Act,
415 ILCS 5/3.165
(2002),
provides the following definition:
“CONTAMINANT” is any solid,
liquid,
or gaseous matter,
any odor,
or any form of energy,
from whatever source.
12.
Asbestos
•is a “contaminant” as that term is defined in
Section 3.165 of the Act,
415 ILCS 5/3.165
(2002)
13.
Section 3.315
of the Act,
415 ILCS 5/3.315
(2002),
provides the following definition:
“PERSON”
is any individual, partnership, 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.
14.
North Rockwell
is a limited liability company and
therefore a “person” as that term is defined by Section 3.165 of
the Act,
415 ILCS 5/3.165
(2002)
.
15.
Respondent has caused and allowed the mishandling of
dry,
friable suspect TSI located on the ground near the center
of the north wall testing positive for 2
chrysotile asbestos
and of suspect
debris, taken from a sink on the center of the
north wall testing positive for 25
chrysotile asbestos,
so as
4
to cause or allow asbestos fibers to enter the environment at,
and in the area of, the Site.
16.
By removing TSI containing asbestos without wetting
and containing
it at the Site,
the Respondent has caused,
threaten&d,
or allowed air pollution in Illinois in violation of
Section 9(a)
of the Act,
415 ILCS 5/9(a) (2002),
and Section
201.141
of the Board’s Air Pollution Regulations,
35
Ill. Adm.
Code 201.141.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, NORTH ROCKWELL,
LLC,
for the following relief:
1.
Authorize a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Find that Respondent 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
Ill.
Adm.
Code 201.141;
3.
Order Respondent to cease and desist from any further
violations of Section 9(a)
of the Act,
415 ILCS 5/9(a) (2002),
and Section 201.141 of the Board’s Air Pollution Regulations,
35
Ill. Adm.
Code 201.141;
4.
Assess against the Respondent a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
Board regulations,
and an additional civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5
5.
Order the Respondent to pay all Costs, pursuant to
Section 42(f)
of the Act,
415 ILCS 5/42(f).(2002),
including
attorney,
expert witness and consultant fees expended by the
State in its pursuit of this action;
and
6.
Grant such other relief as the Board deems appropriate
and just
COUNT II
EMISSION CONTROL PROCEDURES
and incorporates by reference
and paragraphs
13 and 14 of Count
this Count
II.
the Act,
415 ILCS
follows:
VIOLATION
OF ASBESTOS
1-9.
Plaintiff realleges
herein paragraphs
1 through 7
I as paragraphs
1 through 9 of
10.
Section 9.1(d) (1)
of
5/9.1(d) (1) (2002), provides as
(d)
No person shall:
(1)
•
violate any provisions of Sections
111,
112,
165 or 173
of the Clean Air Act,
as now or
hereafter amended,
or federal regulations
adopted pursuant thereto;
11.
Section 112 of the Clean Air Act,
42 U.S.C.
§ 7412,
provides in pertinent part as follows:
(d)
Emission standards
(1)
In general
The Administrator shall promulgate
•
•
regulations establishing emission standards
for each category or subcategory of major
sources and area sources of hazardous air
pollutants listed for regulation...
6
12.
Pursuant to Section 112
of the CAA,
as amended, the
USEPA has adopted national emission standards for hazardous air
pollutants
(“NESHAP”),
including asbestos,
40 C.F.R.
61, Subpart
M.
13.
40 C.F.R.
61.141
(July 30,
2004), provides in
pertinent part
as follows:
All terms that are used in this subpart and are not
defined below are given the same meaning as in the Act
and in Subpart A of this part.
Adequately wet
means sufficiently mix or penetrate
with liqUid to prevent the release of particulates.
If
visible emissions are observed coming from asbestos-
containing material,
then that material has not been
adequately wetted. However, the absence of visible
emissions
is not sufficient evidence of being
adequately wet.
Asbestos
means the asbestiform varieties of
serpentinite
(chrysotile), riebeckite
(crocidolite),
cummingtonite-grunerite,
anthophyllite,
and
actinolite—tremolite.
Asbestos—containing waste materials
means mill
tailings or any waste that contains commercial
asbestos and is generated by a source subject to the
provisions of this subpart. This term includes filters
from control devices,
friable asbestos waste material,
and bags or other similar packaging contaminated with
commercial asbestos. As applied to demolition and
renovation operations, this term also includes
regulated asbestos-containing material waste and
materials contaminated with asbestos including
disposable equipment and clothing.
Category I nonfriable asbestos-containing material
(ACM)
means asbestos- containing packings, gaskets,
resilient floor covering, and asphalt roofing products
containing more than
1 percent asbestos as determined
using the method specified in appendix E,
subpart
E,
7
40 CFR part 763,
section
1,
Polarized Light
Microscopy.
Category II nonfriable ACM
means any material,
excluding Category
I nonfriable ACM,
containing more
than
1 percent asbestos as determined using the
methods specified in appendix
E,
subpart
E,
40 CFR
part 763,
section
1,
Polarized Light Microscopy that,
when dry,
cannot be crumbled, pulverized,
or reduced
to powder by hand pressure.
Commercial asbestos
means any material containing
asbestos that
is extracted from ore and has value
because of its asbestos content.
Cutting
means to penetrate with a sharp-edged
instrument and includes sawing,
but does not include
shearing,
slicing, or punching.
Demolition
means the wrecking or taking out of any
load-supporting structural member of a facility
together with any related handling operations or the
intentional burning of any facility.
Facility
means any institutional,
commercial, public,
industrial, or residential structure,
installation, or
building
(including any structure,
installation, or
building containing condominiums or individual
dwelling units operated as a residential cooperative,
but excluding residential buildings having four or
fewer dwelling units); any ship;
and any active or
inactive waste disposal site.
For purposes of this
definition, any building,
structure,
or installation
that contains
a loft used as a dwelling is not
considered a residential structure,
installation,
or
building. Any structure,
installation or building that
was previously subject to this subpart is not
excluded,
regardless of its current use or function.
Facility component
means any part
of a facility
including equipment.
Friable asbestos material
means any material
containing more than
1 percent asbestos as determined
using the met-hod specified in appendix
E,
subpart
E,
40 CFR part 763 section
1,
Polarized Light Microscopy,
that, when dry,
can be crumbled, pulverized,
or
8
reduced to powder by hand pressure.
If the asbestos
content
is less than 10 percent as determined by a
method other than point counting by polarized light
microscopy
(PLM), verify the asbestos content by point
counting using PLM.
Glove bag
means a sealed compartment with attached
inner gloves used for the handling of asbestos-
containing materials.
Properly installed and used,
glove bags provide a small work area enclosure
typically used for small-scale asbestos stripping
operations.
Information on glove-bag installation,
equipment and supplies,
and work practices is
contained in the Occupational Safety and Health
Administration’s
(OSHA’s)
final rule on occupational
exposure to asbestos
(appendix G to 29 CFR 1926.58).
Grinding
means to reduce to powder or small fragments
and includes mechanical chipping or drilling.
Leak-tight
means that solids or liquids cannot escape
or spill out.
It also means dust-tight.
Nonfriable asbestos-containing material
means any
material containing more than 1 percent asbestos as
determined using the method specified in appendix E,
subpart
E,
40 CFR part
763,
section
1,
Polarized Light
Microscopy,
that,
when dry,
cannot be crumbled,
pulverized,
or reduced to powder by hand pressure.
Nonscheduled renovation operation
means a renovation
operation necessitated by the routine failure of
equipment,
which is expected to occur within a given
period based on past operating experience, but for
which an exact date cannot be predicted.
Outside air
means the air outside buildings and
structures,
including,
but not limited to, the air
under a bridge or in an open air ferry dock.
Owner
or
operator
of
a
demolition
or
renovation
activity
means any person who owns,
leases,
operates,
controls,
or supervises the facility being demolished
or renovated or any person who owns,
leases,
operates,
controls,
or supervises the demolition or
renovation operation,
or both.
9
Planned renovation operations
means a renovation
operation,
or a number of such operations,
in which
some RACM will be removed or stripped within a given
period of time and that can be predicted.
Individual
nonscheduled operations are included if a number of
such operations can be predicted to occur during a
given period of time based on operating experience.
Regulated asbestos-containing material
(RACM)
means
(a)
Friable asbestos material,
(b)
Category
I
nonfriable ACM that has become friable,
(c)
Category
I
nonfriable ACM that will be or has been subjected to
sanding, grinding,
cutting,
or abrading,
or
(d)
Category II nonfriable ACM that has a high probability
of becoming or has become crumbled, pulverized,
or
reduced to powder by the forces expected to act on the
material in the course of demolition or renovation
operations regulated by this subpart.
Remove
means to take out RACM or facility components
that contain or are covered with RACM from any
facility.
Renovation
means altering a facility or one or more
facility components
in any way,
including the
stripping or removal
of PACM from a facility
component.
Operations in which load-supporting
structural members are wrecked or taken out are
demolitions.
Strip
means
to take off RP~CMfrom any part of
a.
facility or facility components.
Structural member
means any load-supporting member of
a facility,
such as beams and load supporting walls;
or any nonload-supporting member,
such as ceilings and
nonload-supporting walls.
Visibleemissions
means any emissions,
which are
visually detectable without the aid of instruments,
coming from RACM or asbestos-containing waste
material,
or from any asbestos milling, manufacturing,
or fabricating operation.
This does not include
condensed,
uncombined water vapor.
Waste generator
means any owner or operator of a
source covered by this subpart whose act or process
10
produces asbestos-containing waste material.
Working day
means Monday through Friday and includes
holidays that fall on any of the days Monday through
Friday.
14.
As a commercial building,
the Site is a “facility”
as
that term is defined in 40 C.F.R.
61.141
(July 30,
2004)
15.
TSI
at the Site is a “facility component”
as that term
is defined in 40 C.F.R.
61.141
(July
30,
2004)
16.
The removal of TSI was a “renovation”
of the building
on the Site as that term is defined in 40 C.F.R.
61.141
(July
30,
2004)
17.
At all times relevant to this Complaint, North
Rockwell owned the Site,
including the TSI located in the
building thereon, and supervised the renovation of the building.
North Rockwell was therefore the “owner or operator of a
renovation activity”
as that term is defined in 40 C.F.R.
61.141
(July 30,
2004)
18.
The TSI removed at the Site was dry and friable and
contained more than one
(1)
percent asbestos and was therefore
“RACM” as that term is defined in 40 C.F.R.
61.141
(July 30,
2004.)
19.
40 C.F.R.
61.145(a) (July
30,
2004),
titled,
Standard
for Demolition and Renovation: Applicability,
provides in
pertinent part
as follows:
11
To determine which requirements of paragraphs
(a)
(b), and
(c)
of this section apply to the owner or
operator of a demolition or renovation activity and
prior to the commencement of the demolition or
renovation,
thoroughly inspect the affected facility
or part of the facility where the demolition or
renovation operation will occur for the presence of
asbestos,
including Category
I and Category II
nonfriable ACM. The requirements of paragraphs
(b)
and
(c)
of this section apply to each owner or operator of
a demolition or renovation activity,
including the
removal
of RP~CMas follows:
*
*
*
(4)
In a facility being renovated,
including any
individual nonscheduled renovation
operation,
all the requirements
of
paragraphs
(b)
and
(c)
of this section apply
if the combined amount of HACM to be
stripped,
removed, dislodged,
cut,
drilled,
or similarly disturbed is
(ii) At least
1 cubic meter
(35 cubic feet)
off facility components where the
length or area could not be measured
previously.
20.
Respondent failed to thoroughly inspect the Site for
the presence of asbestos prior to the commencement of renovation
activities.
21.
Respondent’s failure to inspect the Site for the
presence of asbestos violates 40 C.F.R.
61.145(a) (July 30,
2004)
.
22.
The total amount of RACM removed at the Site was
approximately 120 cubic
feet,
far exceeding the threshold listed
in 40 C.F.R.
61.145(a) (4) (ii) (July 30,
2004).
Respondent
is
12
therefore subject to the requirements of 40 C.F.R.
61.145(b)
and
(c) (July 30,
2004)
.
23.
40 C.F.R.
61.145(c) (July 30,
2004),
titled,
Standard
for Demolition and Renovation:
Procedures for asbestos emission
control, provides in pertinent part as follows:
Each owner or operator of a demolition or renovation
activity to whom this paragraph applies, according to
paragraph
(a)
of this section,
shall comply with the
following procedures:
(1)
Remove all RACM from a facility being demolished
or renovated before any activity begins that
would break up, dislodge,
or similarly disturb
the material or preclude access to the material
for subsequent removal.
*
*
*
(6)
For all RACM,
including material that has been
removed or stripped:
(i)
Adequately wet the material and ensure that
it remains wet until collected and contained
or treated in preparation for disposal in
accordance with
§ 61.150;
24.
Respondent failed to remove all R7~CMfrom the Site
prior to the commencement of renovation work.
On at least June
6,
2003, Respondent’s renovation work broke up and disturbed
RACM,
causing dry,
friable asbestos to be emitted into the
environment.
25.
Respondent failed to adequately wet and maintain wet
all RACM and asbestos-containing waste material
(“ACWM”)
until
collected and contained in preparation for disposal.
13
26.
Respondent, by its actions as alleged herein, violated
Section 9.1(d) (1)
of the Act, 415 ILCS 5/9.1(d) (1) (2002), and 40
C.F.R.
61.145(a)
and 40 C.F.R.
61.145(c) (1)
and
(6) (July 30,
2004)
of the asbestos NESHAP.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, NORTH ROCKWELL,
LLC,
for the following relief:
1.
Authorize a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Find that Respondent has violated Section 9.1(d) (1)
of
the Act,
415 ILCS 5/9.1(d) (1) (2002), and 40 C.F.R.
61.145(a)
and
40 C.F.R.
61.145(c) (1) and
(6) (July 30,
2004)
of the asbestos
NESHAP;
3.
Order Respondent to cease and desist from any further
violations of Section 9.1(d) (1)
of the Act,
415 ILCS
5/9.1(d) (1) (2002), and 40 C.F.R.
61.145(a)
and 40 C.F.R.
61.145(c) (1)
and
(6,) (July 30,
2004)
of the asbestos NESHAP;
4.
Assess against the Respondent a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
Board-regulations, and an additional
civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Order the Respondent
to pay all costs, pursuant to
Section 42(f)
of the Act,
415 ILCS 5/42 (f) (2002)
,
including
14
attorney,
expert witness and consultant fees expended by the
State in its pursuit of this action; and
6.
Grant such other relief
as the Board deems appropriate
and just.
COUNT
III
FAILURE TO FOLLOW NESHAP RENOVATION NOTIFICATION REQUIREMENT
1-9.
Plaintiff realleges and incorporates by reference
herein paragraphs
1 through
7 and paragraphs
13 and
14 of Count
I as paragraphs
1 through
9
of this Count III.
10.
40 C.F.R.
61.145
(July
30,
2004),
titled,
Standard for
Demolition and Renovation, provides in pertinent part as
follows:
(a)
Applicability
.
.
.
The requirements of
paragraphs
(b)
and
(c)
of this section apply to
each owner or operator of a demolition or
renovation activity,
including the removal of
RACM as follows:
*
*
*
(4)
In a facility being renovated,
including any
individual nonscheduled renovation
operation,
all the requirements of
paragraphs
(b)
and
(c)
of this section apply
if the combined amount of RAQM to be
stripped,
removed, dislodged,
cut,
drilled,
or similarly disturbed is
(ii) At least
1 cubic meter
(35 cubic feet)
off facility components where the
length or area could not be measured
previously.
*
*
*
15
(b)
Notification requirements.
Each owner or
operator of a demolition or renovation activity
to which this section applies shall:
(1)
Provide the Administrator with written
notice of intention to demolish or renovate.
*
*
*
(3)
Postmark or deliver the notice as follows:
(i)
At least 10 working days before
asbestos stripping or removal work or
any other activity begins
(such as site
preparation that would break up,
dislodge or similarly disturb asbestos
material,
.
11.
As owner or operator of a renovation activity which
disturbed approximately 120 cubic feet of RACM,
Respondent was
required to submit a notice of intention to renovate at least
ten
(10) working days prior to the commencement of renovation
activities on the building at the Site.
12.
Respondent failed to submit a notice of intention to
renovate within the proscribed time period,
therefore Respondent
violated Section 9.1(d) (1)
of the Act,
415 ILCS
5/9.1(d) (1) (2002)
and 40 C.F.R.
61.145(b) (1)
and
(3) (July
30,
2004)
of the asbestos NESHAP.
.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent,
NORTH ROCKWELL,
LLC,
for the following relief:
1.
Authorize a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
16
2.
Find that Respondent has violated Section 9.1(d) (1)
of
the Act, 415 ILCS 5/9.1(d) (1) (2002),
and 40 C.F.R.
61.145(b) (1)
and
(3) (July 30,
2004)
of the asbestos NESHAP;
3.
Order Respondent to cease and desist from any further
violations of Section 9.1(d) (1)
of the Act,
41,5 ILCS
5/9.1(d) (1) (2002),
and 40 C.F.R.
61.145(b) (1)
and
(3) (July 30,
2004)
of the asbestos NESHAP;
4.
Assess against the Respondent a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
Board regulations, and an additional
civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Order the Respondent to pay all costs, pursuant to
Section 42(f)
of the Act,
415 ILCS 5/42 (f) (2002)
,
including
attorney,
expert witness and consultant
fees expended by the
State
in its pursuit of this action; and
6.
Grant such other relief as the Board deems appropriate
and just.
COUNT
IV
IMPROPER DISPOSAL
1-22.
Plaintiff realleges and incorporates by reference
herein paragraphs
1 through 22 of Count
II as paragraphs
1
through 22
of this Count
IV.
17
23.
The TSI removed at the Site was “asbestos-containing
waste material” as that term is defined in40 C.F.R~ 61.141
(July 30,
2004)
24.
Respondent was a “waste generator”
as that term is
defined in 40 C.F.R.
61.141
(July
30,
2004)
25.
40 C.F.R.
61.150(b) (July
30,
2004),
titled,
Standard
for waste disposal for manufacturing,
fabricating, demolition,
renovation, and spraying operations, provides in pertinent part
as follows:
Each owner Or operator of any source covered under the
provisions of §~61.144,
61.145,
61.146 and 61.147
shall comply with the following provisions:
(b)
All asbestos-containing waste material shall be
deposited as soon as is practical by the waste
generator at:
(1)
A waste disposal site operated in accordance
with the provisions of
§ 61.154...
26.
As owner or operator of a renovation activity at a
facility disturbing approximately 120 cubic feet of RACM,
Respondent
is subject
to the requirements of 40 C.F.R.
61.145(July 30, 2004),
and is therefore also subject to the
requirements of 40 C.F.R.
61.150
(July 30,
2004)
27.
From at least June
6,
2003, Respondent caused or
allowed the generation of ACWM at the Site and- failed to deposit
it,
as soon as practical,
in a waste disposal site permitted to
accept such waste.
•
18
28.
Respondent, by its actions as alleged herein, violated
Section 9.1(d) (1)
of the Act,
415 ILCS 5/9.1(d) (1) (2002), and 40
C.F.R.
61.150(b) (1) (July 30,
2004)
of the asbestos NESHAP.
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent,
NORTH ROCKWELL,
LLC,
for the following relief:
1.
Authorize a hearing in this matter at which time
Respondent will be required to answer the allegations herein;
2.
Find that Respondent has violated Section 9.1(d) (1)
of
the Act,
415 ILCS 5/9.1(d) (1) (2002),
and 40 C.F.R.
61.150(b) (1) (July 30,
2004)
of the asbestos NESHAP;
3.
Order Respondent to cease and desist from any further
violations of Section 9.1(d)
(1)
of the Act,
415 ILCS
5/9.1(d) (1) (2002), and 40 C.F.R.
61.150(b)
(1) (July 30,
2004)
of
the asbestos NESHAP;
4.
Assess against the Respondent a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act and
Board regulations, and an additional
civil penalty of Ten
Thousand Dollars
($10,000.00)
for each day of violation;
5.
Order the Respondent
to pay all costs, pursuant to
Section 42 (f)
of the Act,
415 ILCS 5/42 (f) (2002)
,
including
attorney,
expert witness and consultant
fees expended by the
State in its pursuit
of this action; and
19
6.
Grant such other relief as the Board deems appropriate
and just
Respectfully submitted,
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
By:
Of CoUnsel:
Jennifer A.
Tomas
Assistant Attorney General
Environmental Bureau
188 W. Randolph Street,
Suite 2001
Chicago,
Illinois 60601
(312)
814-0609
Environmental Bureau
Assistant Attorney General
20
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:
North Rockwell,
LLC
c/o Gary L.
Plotnick, Agent
222 North LaSalle Street,
#1910
Chicago,
Illinois 60601
David Ballinger
Horwood, Marcus & Berk
180 North LaSalle
Street,
Suite 3700
Chicago, Illinois 60601
Chris Pressnall
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
Illinois 62794-9276
JENN FER A.
TOMAS
ssistant Attorney General
Environmental Bureau
188 W. Randolph Street,
~
~
Chicago,
Illinois 60601
(312) 814-0609
