RECE~VED
CLERK’S OFFICE
NOV
03
200k
STATE OF ILLINOIS
PolIut~onControl Board
OFFICE
OF THE A1TORNEY GENERAL
STATE OF ILLINOIS
The
Honorable
Dorothy Gunn
Illinois Pollution
Control
Board
James
R.
Thompson Center, Ste.
11-500
100
West Randolph
Chicago,
Illinois 60601
October 29, 2004
Re:
People
v.
Ralph Stone,
Mayor of the
Village of Gorham
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
a
NOTICE
OF
FILING,
COMPLAINT and APPEARANCE in regard to the above-captioned matter.
Please file the originals
and
return
file-stamped
copies of
the
documents
to
our
office
in
the enclosed
self-addressed,
stamped envelope.
Thank you for your cooperation
and consideration.
KL/pp
Enclosures
500 South Second
Street, Spdngfleld,
Illinois
62706
•
(217)
782-1090
•
TTY:
(217)
785~771
•
Fax:
(217)
782-7046
100
West
Randolph Street,
Chicago, Illinois
60601
•
(312) 814-3000
•
‘I’TY:
(312)
814-3374
•
Fax:
(312)
814-3806
1001
East
NIain,
Carbondale, Illinois
62901
•
(618)
529—640))
•
‘l’lY: 1618)
529—6403
•
Fax:
(618)
529—6416
Lisa Madigan
ATTORNEY GENERAL
Very truly yours,
isten Laughrid~e
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
RECERjE~
CLERK’S OFFICE
BEFORE THE
ILLINOIS
POLLUTION
CONTROL
BOARD
NOV
113
2004
PEOPLE OF THE
STATE OF
)
ILLINOIS
STATE
OF
ILLINOIS
Pollution
Control Board
Complainant,
vs.
)
PCBNo.
~
)
(Enforcement)
RALPH STONE, Mayor of the Village
)
of Gorham,
•
Respondent.
ENTRY OFAPPEARANCE
On
behalf of the Complainant, PEOPLE OF THE STATE OF
ILLINOIS, KRISTEN
LAUGHRIDGE, Assistant Attorney General of theState of Illinois, hereby enters her appearance
as attorney of record.
Respectfully submitted,
PEOPLE
OF THE
STATE OF
ILLINOIS,
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litgation
Division
~/
-~
~‘
~
BY:
~
~RISTEN LAtJ’GHRID~’
Environmental
Bureau
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
October 29, 2004
•
RECEFVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
NOV
03
2004
•
STATE OF ILLINOIS
PEOPLE
OF THE
STATE OF
)
Pollution
Control Board
ILLINOIS,
Complainant,
)
)
—--
vs.
)
PCB No.
)
(Enforcement)
RALPH
STONE, Mayor of the Village
)
of Gorham,
Respondent.
NOTICE OF FILING
To:
Ralph
Stone,
Mayor
Village
of Gorham
404
North Adams
St.
Gorham,
IL 62940
PLEASE TAKE
NOTICE that on
this date
I
mailed for filing with
the Clerk of the Pollution
Control
Board
of the
State
of
Illinois,
a
COMPLAINT,
a
copy
of which
is
attached
hereto
and
herewith
served
upon you.
Failure to
file
an
answer to
this Complaint within
60 days
may
have
severe
consequences.
Failure to
answer
will mean
that
all
allegations
in
this Complaint will
be
taken
as
if
admitted
for
purposes
of
this
proceeding.
If
you
have
any
questiorls
about
this
procedure,
you should contact the hearing officer assigned
to this proceeding,
the Clerk’s Office
or an attorney.
1
•
FURTHER,
please
take
notice
that
financing
may
be
available,
through
the
Illinois
Environmental Facilities
Financing
Act, 20
ILCS 3515/1
(2002),
to correct the pollution alleged in
the Complaint filed
in this case.
Respectfully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS
LISA MADIGAN,
Attorney General
of the
State of Illinois
MATTHEWJ. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
~
~
/
KRIST’
LAUG,~1bGE
~.-‘
Assistant Attorr~’General
Environmental Bureau
500
South
Second Street
•
Springfield,
Illinois 62706
217/782-9031
•
Dated: October 29, 2004
2
CERTIFICATE OF
SERVICE
I
hereby certify that
I
did on
October 29, 2004,
send
by certified
mail, with
postage
thereon fully
prepaid,
by depositing
in a
United
States
Post Office Box a true and
correct copy
of the following
instruments entitled
NOTICE
OF
FILING,
ENTRY OF APPEARANCE
and
•
COMPLAINT:
To:
Ralph
Stone,
Mayor
Village of Gorham
404 North Adams St.
Gorham, IL 62940
and
the original and
ten copies by
First Class
Mail with
postage thereon fully prepaid
of the
same foregoing
instrument(s):
To:
Dorothy Gunn, Clerk
Illinois Pollution
Control
Board
James
R.
Thompson Center
Suite
11-500
100
West
Randolph
Chicago,
Illinois
60601
Assistant Attorney General
This filing
is submitted
on
recycled paper.
RECE~VE~
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
NOV
032004
STATE OF ILLINOIS
Pollution Control Board
PEOPLE OF
THE STATE OF
ILLINOIS,
ex
reL
LISA MADIGAN,
Attorney
)
General of the State
of
Illinois,
)
Complainant,
vs.
)~‘LJNo.
()D
RALPH
STONE, Mayor of the Village
)
of Gorham
• Respondent.
COMPLAINT
The PEOPLE OFTHE STATE OF ILLINOIS,
ex ref.
Lisa Madigan, Attorney General of
the State of Illinois, on her own motion and at the request of the ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, complains of the Respondent, RALPH STONE, as follows:
COUNT
I
NOTICE VIOLATIONS
1.
This count is brought on behalf of the
People
of the State
of Illinois,
ex ref.
Lisa
Madigan, the 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
Sections
31
of the
Illinois
Environmental Protection Act
(“the Act”), 415
ILCS
5/31
(2002).
2.
The Illinois EPA is an
agency of the State
of Illinois created
by
the Illinois
General Assembly
in
Section 4 of the Act, 415
ILCS 5/4 (2002),
and charged,
inter afia,
with the
duty of enforcing the Act in proceedings
before the
Illinois
Pollution
Control
Board
(“Board”).
3.
The Respondent,
RALPH
STONE, was and
is the mayor
of the Village of
Gorham, Jackson County,
Illinois.
RALPH
STONE is
a “person” as defined
in
Section
3.315 of
1
the Act, 415 ILCS
5/3.315
(2002).
As alleged
herein,
RALPH
STONE has
actively participated
in and
has
had direct
personal
involvement
in the
acts and
omissions relevant
to this Complaint.
4.
Section
9.1(d)
of the Act, 415
ILCS 5/9.1(d)
(2002),
provides:
•
(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;
*
*
*
5.
The regulations on
National Emission Standards for Hazardous
Air Pollutants
(“NESHAP”) for asbestos,
40 CFR Part 61, Subpart
M,
were addpted pursuant to Section
112
of the Clean Air Act, 42 USC §7412.
Asbestos
is regulated
as
a hazardous
air pollutant
because it is a carcinogen.
Regulated asbestos-containing
materials (“RACM”) contain
more
than
1
asbestos and
are generally “friable,”
which means
such
materials, when
dry,
can be
crumbled,
pulverized, or reduced to powder by hand pressure.
6.
40
CFR §61.145,
provides,
in pertinent
part:
(a)
Appficability.
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 RACM as
follows:
(3)
If the facility is being
demolished under an order of a
State or local
government agency,
issued
because the facility is structurally
unsound and
in danger of imminent collapse,
only the
requirements of paragraphs (b)(1), (b)(2),
(b)(3)(iH),
(b)(4)
(except
(b)(4)(viii)), (b)(5),
and
(c)(4) through (c)(9) of this section
apply.
*
*
*
(b)
Notification requirements.
Each
owner or operator of a demolition or
renovation activity to which this section
applies shall:
2
(1)
Provide the Administrator with written
notice of intention to
demolish or renovate.
Delivery of the notice by
U.S.
Postal
Service, commercial
delivery service,
or hand delivery is
acceptable.
(2)
Update notice,
as
necessary,
including when
the amount of
asbestos affected
changes
by at least 20
percent.
(3)
Postmark or deliver the notice as follows:
*
*
*
(iii)
As
early as possible before,
but not later than, the
following working day
if the operation is a demolition
ordered
according
to
paragraph (a)(3) of this section.
.
*
*
*
7.
On
May 5, 2003,
a Jackson
County
Court Order was
filed and an
Entry for a Default
Judgment was entered against James A.
Riggs,
the owner of the property,
Gary Riggs,
Elise
Geraldine
Palmer,
Donna
McCann, and
the Jackson County Trustee.
The Order stated that the
Plaintiff, the Village of Gorham, was entitled to
an Order authorizing
it to
demolish the dangerous
and
unsafe building at the Corner of Washington and Walnut
St. in
Gorham,
Jackson
County,
Illinois,
also
called
the Gorham
High School.
8.
On or about
May 5,
2003,
Illinois Department of Public Health (IDPH) notified the
Jackson
County Health Department that the
IDPH records showed
a management plan
had
been
filed
for the Gorham
High School
in
1992 when
it closed.
The management plan stated that the
school
contained
asbestos.
IDPH indicated
that the school
would
have to
be
tested for asbestos by
a
licensed contractor and the asbestos would
have to
be
removed prior to demolition of the school.
9.
On
or about May 5,
2003,
an
inspector with
the Jackson County Health
Department
spoke with the Respondent regarding the asbestos
in the school.
The inspector informed
the
Respondent that prior to demolition of the school a
Notice of
Demolition
must be filed with
the
IEPA
and a
licensed asbestos
abatement contractor
must identify and
remove
all asbestos.
3
10.
On
or about August 29,
2003,
in response to
a complaint, inspectors from the
Jackson
County
Health Department and
Illinois
EPA visited the school and
observed that the walls
and
roof on
the south
side of the scho’ol
had
been torn down
and that demolition waste
was
in a
pile
near the building.
11.
On or about August 29, 2003, the Jackson
County Health
Inspectors
spoke with
the
Respondent and
requested documentation showing
the removal
of asbestos
prior to demolition.
The inspectors also informed the
Respondent of the asbestos
inspection
and
notification
requirements.
12.
On
or about August 29,
2003, the
Illinois EPA collected
samples of suspect thermal
insulation from the school.
The analytical
testing subsequently indicated that the thermal insulation
had asbestos
present
in
concentrations ranging from
65
to 75.
13.
Upon the direction of Illinois EPA,
RALPH
STONE ceased
demolition and
removal
activities
until
a proper inspection
and abatement may be accomplished
in strict compliance with
regulatory requirements.
14.
Although an
operator of a demolition is required
by 40
CFR
§
61.145(a) to conduct
a
thorough
inspection
of the Gorham High School for the presence
of asbestos
prior to commencing
demolition, the Respondent,
RALPH STONE,
did
not conduct
a thorough
inspection of
the Gorham
High School prior to demolition.
1 5.
By failing to conduct
a thorough
inspection for asbestos,
the Respondent violated 40
C.F.R.
§
60.145(a) and
Section 9.1(d)(1)
of the Act,
415
ILCS 5/9.1(d)
(2002)
16.
Although
an operator of a demolition
is
required
by
40
CFR
§
61.145(b)(1)
to provide
written advance notification
to the Illinois EPA, the Respondent,
RALPH
STONE,
did
not submit,
and
the
Illinois
EPA did
not receive,
the required
written notification
for.the demolition.
17.
By failing
to
provide the IEPA with
written notice
of demolition the Respondent
violated 40 C.F.R.
§
60.145(b)(1)
and Section
9.1(d)(1)
of the Act, 415
ILCS 5/9.1(d) (2002).
4
•
PRAYER FOR RELIEF
WHEREFORE,
the Complainant, People of the State of Illinois, respectfully requests that this
Board enter an Order against the Respondent, RALPH
STONE:
A.
Authorizing
a
hearing
in this matter
at which time the Respondent will
be required to
answer the allegations
herein;
B.
Finding that
the Respondent has violated the Act and
regulations
as alleged
herein;
C.
Ordering Respondent to
cease and
desist from
any further violations of the Act and
•associated
regulations;
D.
Pursuant to
Section 42(a) of the Act, 415
ILCS 5/42(a) (2002),
impose
a civil penalty
of not more than the statutory maximum;
E.
Pursuant to Section
42(f) of the Act, 415 ILCS 5/42(f)
(2002),
award the Complainant
its costs
in this matter,
including
reasonable attorney’s fees
and
costs;
and
•F.
Grant such other and further relief as the Board
deems
appropriate.
COUNTII
AIR POLLUTION VIOLATIONS
1-13.
•
Complainant
realleges and
incorporates herein
by reference paragraphs
1
through 13
of Count
I
as paragraphs
1
through
13
of this Count
II.
14.
Section
9(a) of the Act,
415
ILCS 5/9(a)
(2002),
provides:
No
person
shall:
a.
Cause or threaten
or allow the discharge
or emission
of any
contaminant
into the environment
in any State so
as to
cause
or tend
to cause
air pollution in
Illinois, either alone
or in
combination with contaminants from
other sources,
or so as
to
violate regulations or standards adopted
by the
Board
under
this Act;
*
*
*
5
15.
Section
201.141
of the
Board’s Air Pollution Regulations,
35111.
Adm.
Code
201.141
(2002),
provides:
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.
16.
40 CFR §61.145(c)
provides,
in
pertinent part:
(c)
Procedures for asbestos
emission control.
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:
*
*
*
(8)
Effective
1
year after promulgation of this regulation,
no
RACM shall
be stripped,
removed, or otherwise
handled or disturbed at
a facility
regulated
by this section
unless at least one
on-site representative,
such
as a foreman
or management-level
person or other authorized
representative,
trained
in the
provisiorls of this regulation and the
means of complying with
them,
is
present.
(9)
For facilities described
in
paragraph (a)(3)
of this section,
adequately wet the portion of the facility that contains RACM
during the wrecking operation
*
*
*
17.
40
CFR §61.150 provides,
in
pertinent part:
Each owner or operator of any source covered under the provisions of
sections
61.144,
61.145,
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
section
61.145,
or
(2)
An EPA-approved
site that converts
RACM asbestos-containing waste
material
into
nonasbestos (asbestos-free)
material according
to the
provisions of
section
61.155.
6
:1
*
*
*
18.
On
or about August 9,
2003, the
Illinois
EPA and
the Jackson
County Health
Department inspected
the Gorham High School and
observed dry friable insulation
mixed
in debris
piles beside the school and
hanging from a roof
rafter.
The asbestos-containing waste
materials
had
not been
collected
and placed
into
leak-tight containers for proper disposal
nor had been
wetted
down.
19.
The Respondent,
RALPH
STONE, did
not employ the proper work practices
and
procedures for asbestos emissions control,
including
having
an on-site
representative trained in
the
asbestos
regulations or adequate wettingof the regulated ACM during the partial demolition of the
Mississippi Valley School.
It is
likely that emissions of asbestos were discharged
to the outside
air.
20.
The Respondent, RALPH
STONE,
has
caused,
threatened, or allowed the discharge
or emission
of contaminants so as to tend
to
cause air pollution,
thereby violating
Section
9(a) of the
Act, 415
LOS
5/9(a) (2002),
and
35111. Adm.
Code 201.141.
L
21.
The Respondent failed
to
have an on-site
representative trained in the asbestos
regulations present at the demolition,
thereby violating 40 CFR §61.145(c)(8)
and Section
9.1(d)(1)
of the Act, 415
ILOS 5/9.1(d)
(2002).
22.
The Respondent,
RALPH
STONE,
has failed
to wet all
regulated asbestos-containing
material during
and
after the demolition of the facility, allowing
the airborne
migration
of asbestos
fibers, thereby violating
40
CFR §61.145(c)(9)
and Section
9.1(d)(1)
of the Act, 415 ILCS 5/9.1(d)
(2002).
•
23.
The Respondent,
RALPH
STONE has failed
to collect,
contain
and deposit regulated
asbestos
containing waste
materials in
an appropriate waste disposal
site as soon
as
possible,
thereby violating 40 CFR §61.150(b) and
Section
9.1(d)(1) of the Act, 415
ILCS 5/9.1(d) (2002).
PRAYER
FOR
RELIEF
7
WHEREFORE, the Complainant, People of the
State
of Illinois, respectfully requests
that this Board enter an
Order against the Respondent,
RALPH STONE:
A.
Authorizing
a hearing
in this matter at which time the Respondent will
be required to
answer the allegations
herein;
B.
Finding that the Respondent has violated
the Act and
regulations as
alleged herein;
C.
Ordering Respondent to cease and
desist from any further violations
of the Act and
associated
regulations;
D.
Pursuant to Section 42(a)
of the Act, 415
ILCS 5/42(a)
(2002),
impose a civil penalty
of not more than
the statutory maximum;
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f) (2002),
award the Complainant
its costs
in this matter,
including reasonable attorney’s
fees and
costs; and
F.
Grant such
other and
further relief as the Board
deems appropriate.
Respectfully submitted,
PEOPLE
OF THE
STATE
OF ILLINOIS,
ex rel.
LISA
MADIGAN,
Attorney General of the
State of Illinois
•
MATTHEWJ.DUNN,Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:________________________
THOMAS’ DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
KRISTEN
LAUGHRIDGE
500
South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
October 29, 2004
8
