BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
Complainant,
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)
)
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R EC E. l~VED
CLERK’S OFFICE
OCT 15 2OO~’
STATE OF ILLINOIS
Pollution Control Board
V.
ASBESTOS CONTROL AND
ENVIRONMENTAL SERVICES CORP.,
an Illinois corporation,
Respondent.
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PCBO4-162
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(Enforcement)
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NOTICE OF FILING
To:
Bridget M. Carison, Esq.
Assistant Attorney General
Environmental Bureau North
188 W. Randolph Street, 20tI~Floor
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
PLEASE TAKE NOTICE that on October 14, 2004 I mailed Respondent’s Answer to
Complaint by certified mail to the Office ofthe Clerk ofthe Illinois Pollution Control Board for
filing with the Board, a true and correct copy ofwhich is attached hereto and herewith served
upon you.
ASBESTOS CONTROL AND ENVIRONMENTAL
SERVICES CORP., Respondent
By:_
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Norman V. Chimenti, Esq.
Martin, Craig, Chester & Sonnenschein
2215 York Road
Suite
550
Oak Brook, Illinois
60523
(630) 472-3408
Norman V. Chimenti
Printed on recycled paper
~ECE~VED
CLERK’S OFFICE
OCT 15 2OO~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
PEOPLE OF THE
STATE OF ILLINOIS,
)
Pollution Control Board
)
Complainant,
)
)
PCBO4-162
v.
)
)
(Enforcement)
ASBESTOS CONTROL AND
)
ENVIRONMENTAL SERVICES CORP.,
)
an Illinois corporation,
)
)
Respondent.
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ANSWER
TO COMPLAINT
Respondent, ASBESTOS CONTROL AND ENVIRONMENTAL SERVICES CORP., by
its attorney, Norman V. Chimenti, as its Answer to Complaint filed herein by Complainant, PEOPLE
OF THE STATE OF ILLINOIS, states the following:
COUNT I
AIR POLLUTION
1.
Respondent admits the allegations contained in paragraph 1 ofthe Complaint, except
Respondent is without sufficient information to form a belief as to whether the Complaint is brought
upon the request ofIllinois EPA, and, therefore, denies the same..
2.
Respondent admits the allegations contained in Paragraph 2 ofthe Complaint.
3.
Respondent admits the allegations contained in Paragraph 3 ofthe Complaint.
4.
Respondent admits the allegations contained in Paragraph 4 ofthe Complaint.
5. Respondent admits that it sent an initial Notification of Demolition and Renovation to
Complainant (the “Notification”) informing Complainant of scheduled renovation activities at a
Vacant warehouse located at 816 W.
47th
Place, Chicago, Cook County, Illinois (“facility”), but is
Printed on recycled paper
without sufficient information to form a belief as to whether Complainant received said Notification
on November 21, 2002, and, therefore, denies the same as alleged in paragraph 5 ofthe Complaint.
6. Respondent admits the allegations contained in paragraph 6 ofthe Complaint as to the
initial Notification.
7.
Respondent admits that the initial Notification alleged in paragraph 7 ofthe Complaint
stated that the work at the facility was to commence on November 25, 2002 and to be completed on
December 2, 2002, and denies all remaining allegations contained in said paragraph.
8.
Respondent admits that on December 19, 2002, Complainant performed an inspection
ofthe facility and that City of Chicago Department ofthe Environment (“DOE”) was present during
a portion ofsaid inspection. Respondent denies all remaining allegations contained in paragraph 8
ofthe Complaint.
9.
Respondent denies the allegations contained in paragraph 9 ofthe Complaint.
10. Respondent denies the allegations contained in paragraph 10 ofthe Complaint.
11. Respondent denies the allegations contained in paragraph 11 ofthe Complaint.
12. Respondent denies the allegations contained in paragraph 12 of the Complaint.
13. Respondent denies the allegations contained in paragraph 13 ofthe Complaint.
14. Respondent denies the allegations contained in paragraph 14 ofthe Complaint.
15. Respondent admits that Section 9(a) of the Act contains the provision alleged by
Complainant in paragraph 15 of the Complaint, and denies all remaining allegations contained in
said paragraph.
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16. Respondent admits that Section 201.141 of the Illinois Pollution Control Board
(“Board”) AirPollution Regulations contains the provision alleged in paragraph 16 ofthe Complaint,
and denies all remaining allegations contained in said paragraph.
17. Respondent admits that Section 3.165 of the Act contains the definition alleged in
paragraph 17 ofthe Complaint, and denies all remaining allegations contained in said paragraph.
18. Respondent admits that asbestos fibers are defined as a “contaminant” by Section 3.165
of the Act, and denies all remaining allegations contained in paragraph 18 ofthe Complaint.
19. Respondent admits that Section 3.115 of the Act contains the definition alleged in
paragraph 19 ofthe Complaint, and denies all remaining allegations contained in said paragraph.
20. Respondent is without sufficient information to form a belief as to the allegations
contained in paragraph 20 of the Complaint, and, therefore, denies the same.
21. Respondent admits that Section 3.315 of the Act contains the definition alleged in
paragraph 21 of the Complaint, and denies all remaining allegations contained in said paragraph.
22. Respondent admits the allegations contained in paragraph 22 ofthe Complaint.
23. Respondent denies the allegations contained in paragraph 23 ofthe Complaint.
24. Respondent denies the allegations contained in paragraph 24 ofthe Complaint.
25.
Respondent denies the allegations contained in paragraph 25 ofthe Complaint.
Respondent denies that Complainant is entitled to the order of the Board requested by
Complainant in sub-paragraphs 2-6, inclusive, of the unnumbered paragraph located at the end of
Count I ofthe Complaint.
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COUNT II
FAILURE TO FOLLOW PROPER EMISSION CONTROL PROCEDURES
1.
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16. Respondent restates and incorporates herein by reference its answers to paragraphs
1 through 14, and paragraphs 21 and 22 ofCount I ofthe Complaint as its answers to paragraphs 1
through 16 of Count II ofthe Complaint.
17. Respondent admits that Section 9.1(d) of the Act contains the provision alleged in
paragraph 17 of Count II ofthe Complaint, and denies all remaining allegations contained in said
paragraph.
18.
Respondent admits the allegations contained in paragraph 18 of Count II of the
Complaint.
19. Respondent admits that Section 112(d) ofthe CAA contains the provision alleged in
paragraph 19 of Count II ofthe Complaint, and denies all remaining allegations contained in said
paragraph.
20. Respondent admits that Section 112(h) of the CAA contains the provision alleged in
paragraph 20 ofCount II ofthe Complaint, and denies all remaining allegations contained in said
paragraph.
21. Respondent is without sufficient information to form a belief as to the allegations
contained in paragraph 21 of Count II of the Complaint, and, therefore, denies the same.
22. Respondent admits that Section 61.141 ofthe USEPA’s NESHAP for asbestos contains
the provisions alleged in paragraph 22 of Count II of the Complaint, and denies all remaining
allegations contained in said paragraph.
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23. Respondent is withoul sufficient information to form a belief as to the allegations
contained in paragraph 23 ofCount II ofthe Complaint, and, therefore, denies the same.
24. Respondent is without sufficient information to form a belief as to the allegations
contained in paragraph 24 ofCount II ofthe Complaint, and, therefore, denies the same.
25. Respondent admits that Section 61.145(a) ofUSEPA’s NESHAP for asbestos contains
the provisions alleged in paragraph 25 of Count II of the Complaint, and denies all remaining
allegations contained in said paragraph.
26. Respondent admits that its initial Notification stated that the amount of RACM to be
removed was approximately 6,500 lineal feet as alleged in paragraph 26 ofthe Complaint, and denies
all remaining allegations contained in said paragraph.
27. Respondent admits that Section 61.145(c)(3) and (c)(6) of USEPA’s NESHAP for
asbestos contain the provisions alleged in paragraph 21 ofthe Complaint, and denies all remaining
allegations contained in said paragraph.
28. Respondent denies the allegations contained in paragraph 28 ofthe Complaint.
29. Respondent denies the allegations contained in paragraph 29 of the Complaint.
Respondent denies that Complainant is entitled to the order of the Board requested by
Complainant in sub-paragraphs 2-6, inclusive, of the unnumbered paragraph located at the end of
Count II of the Complaint.
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COUNT III
IMPROPER DISPOSAL
1.
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26. Respondent restates and incorporates herein by reference its answers to paragraphs
1-14, and paragraphs 21 and 22 of Count I ofthe Complaint, and paragraphs 17 through 26 of Count
II of the Complaint, as its answers to paragraphs 1 through 26 of Count III of the Complaint.
27. Respondent admits that Section 61.150 ofUSPEPA’s NESHAP for asbestos contains
the provisions alleged in paragraph 27 of Count III of the Complaint, and denies all remaining
allegations contained in said paragraph.
28.
Respondent denies the allegations contained in paragraph 28 of Count III of the
Complaint.
29.
Respondent denies the allegations contained in paragraph 29 of Count III of the
Complaint.
30. Respondent denies the allegations contained in paragraph 30 ofthe Complaint.
Respondent denies that Complainant is entitled to the order of the Board requested by
Complainant in sub-paragraphs 2-6, inclusive, of the unnumbered paragraph located at the end of
Count III of the Complaint.
AFFIRMATIVE DEFENSES
As affirmative defenses to the Complaint, Respondent asserts the following:
1. At the time of the inspection alleged in the Complaint, and before and after said alleged
inspection, the temperature at the point ofwetting was below 32°F. Accordingly, Respondent was
not required to comply with Sections 61.
145(c)(2)(i)
and/or (c)(3) of USEPA’s NESHAP for
asbestos, pursuant to Section 61.1 45(c)(7)(i) of said NESHAP for asbestos. Therefore, Respondent
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requests that the Board enter an order in favor of Respondent and against Complainant dismissing
the Complaint in its entirety, and granting such other relief as the Board deems appropriate and just.
2. The alleged violations contained in Counts I and II ofthe Complaint are duplicitous. The
statutory and regulatory framework alleged by Complainant in those Counts ofthe Complaint recite
an alleged legislative and rule-making history as the alleged basis for what amounts to a single
alleged work practice standard violation of failing to “adequately wet” RACM prior to disposal.
Without in any way limiting, contradicting or negating its denial of the allegations of the Complaint
or its first affirmative defense set forth above, Respondent asserts that ifproven by Complainant, the
violations alleged by Complainant in Counts I and II comprise a single violation and should be
treated as such by the Board in all respects.
Respectfully submitted,
ASBESTOS CONTROL AND
ENVIRONMENTAL SERVICES CORP.,
Respondent
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Norman V. Chimenti
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6’~—~4
Attorney for Respondent
Norman V. Chimenti, Esq.
Martin, Craig, Chester & Sonnenschein
2215 York Road
Suite
550
Oak Brook, IL 60523
630-472-3408
(Fax) 630-472-0048
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CERTIFICATE OF SERVICE
It is hereby certified that on October 14, 2004, a true and correct copy of the foregoing
Answer to Complaint was sent by First Class Mail to each ofthe persons shown below and listed in
the Notice ofFiling, by depositing same in the U.S. Mail depository located at 2215 York Road, Oak
Brook, Illinois in an envelope with sufficient postage prepaid.
Bridget M. Carison, Esq.
Assistant Attorney General
Environmental Bureau North
188 W~Randolph Street, 201h Floor
Chicago, Illinois 60601
Attorney for Complainant
-
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
V
Norman V. Chimenti
It is further certified that on October 14, 2004 the originals and nine (9) copies of the
foregoing Answer to Complaint and the Notice ofFiling were sent by certified mail in the aforesaid
manner for filing with the Illinois Pollution Control Board to the following person:
Dorothy M. Gunri
Clerk ofthe Illinois Pollution Control Board
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
Norman V. Chimenti
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