BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
CLERK’S OFFICE
LISA MADIGAN, Attorney General
of the State of Illinois,
)
NOV22 2004
Complainant,
)
PoUt~ion
STATE OF
Control
ILLINOIS
Board
vs.
)
PCB
No.()D
/
(Enforcement
- Air)
OASIS INDUSTRIES, INC., an
Illinois corporation,
Respondent.
NOTICE OF FILING
TO: H.E. Hanson, Esq. P.C.
4721 Franklin Ave., Suite 1500
Western Springs, IL 60558-1720
PLEASE TAKE NOTICE that I have today filed with the Office
of the Clerk of the Illinois Pollution Control Board a Complaint,
Notice of Filing, and a Certificate of Service on behalf of the
People of the State of Illinois, a copy of which is attached and
herewith served upon you.
Section 103.204(f) of the Pollution Control Board Procedural
Rules, 35 Ill. Adm. Code 103.204(f) provides: “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,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
BY:
________________
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Fir.
Chicago, IL 60601
(312) 814-3816
DATE: November 22, 2004
G:\Environrnental Enforcernent\Z BEREKET-AB\Oasis Notice ofFiling 1
1-22-04.wpd
BEFORE
THE ILLINOIS
POLLUTION CONTROL
BOARIPLERK’S OFFICE
PEOPLE OF THE STATE OF
ILLINOIS,
)
NOV 22 2004
LISA
MADIGAN, Attorney General
of
the
)
STATE OF
iLL~NOlS
State of Illinois,
Pollution Control board
)
Complainant,
)
~
)
PCBNo. ~D
V.
)
(Enforcement
-
Air)
)
OASIS INDUSTRIES, INC., an Illinois
)
corporation,
)
)
Respondent.
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General ofthe State ofIllinois, complains ofRespondent, OASIS INDUSTRIES, INC., as
follows:
COUNT!
OPERATING A
MAJOR SOURCE WITHOUT
A CAAPP PERMIT
1.
This Complaint is brought by Lisa Madigan, Attorney General ofthe State of
Illinois, on her own motion and at the request of the Illinois Environmental Protection Agency
(“Illinois EPA”) pursuant to the terms and provisions of Section 31 ofthe Illinois Environmental
Protection Act (“Act”),
415
ILCS 5/31 (2002).
2.
The Illinois EPA is an administrative agency ofthe State of Illinois, created
pursuant to Section 4 ofthe Act,
415
ILCS
5/4
(2002), and charged,
inter alia,
with the duty of
the enforcing the Act.
3.
Respondent, Oasis Industries, Inc. (“Oasis”), is an Illinois Domestic Corporation
in good standing incorporated in the State ofIllinois on December 30, 1982.
4.
Since July 1997, Oasis owns and operates a plant that manufactures fiberglass
bathtubs and shower stalls located at 1600 Mountain Road, Aurora, Kane County, Illinois
(“Facility”). Oasis uses spray booths to mold polyester resins and other rawmaterials into the
desired products. Emission units at the Facility include fiberglass/resin spray lay-up stations,
gelcoat spraybooths, skincoat spray booths, and final coat spraybooths.
5.
These emission units are a major source because they emit orhave the potential
to emit more than 10 tons per year of volatile organic material (“VOM”), an air pollutant.
6.
Oasis was required to file a CAAPP permit application with the Illinois EPA
within 12 months ofbeginning operations in July 1997.
7.
Oasis did not file a CAAPP permit application until September 22, 1999, two
years after it was required todo so. A CAAPP was issued to Oasis on November 20, 2003.
8.
On May 17, 2002, the Illinois EPA inspected the Facility and discovered that the
Facilitywas operating without a Clean Air Act Permit Program (“cAAPP”) permit.
9.
Section
39.5(1)
ofthe Act,
415
ILCS
5/39.5(1)(2002),
titled, Definitions, provides
the following relevant definitions:
“CAAPP” means the Clean Air Act Permit Program.
“CAAPP Permit” or “permit” means any permit issued, renewed, amended,
modified or revised pursuant to Title V ofthe Clean Air Act.
“CAAPP Source” means any source for which the owner or operator is required to
obtain a CAAPP permit.
“Emission unit” means any part or activity ofa stationary source that emits or has
the potential to emit any air pollutant.
“Major source” shall mean a source for which emissions ofone or more air
pollutants meet the criteria for major status.
“Owner or operator” means any personwho owns, leases, operates, controls, or
supervises a stationary source.
“Stationary Source” means any building structure, facility, or installation, that
emits or may emit any regulated air pollutant.
2
10.
Oasis is an owner or operator because it owns and operates a stationary source.
11.
The Facility is a stationary source because it is a structure or facility that emits or
may emit regulated air pollutants such as VOM.
12.
Section
39.5(2)(c)(i)(A)
and (2)(c)(iii)(A) ofthe Act,
415
IILCS
5/39.5(2)(c)(i)(A)
and (2)(c)(iii)(A) (2002), provides as follows:
C. For purposes ofthis Section the term “major source” means any source that is:
i. A major source under Section 112 ofthe Clean Air Act, which is defined as:
A. For pollutants other than radionuclides, any stationary source or group
of stationary sources located within a contiguous area and under common
control that emits or has the potential to emit, in the aggregate, 10 tons per
year (TPY) or more ofany hazardous air pollutant...
iii. A major stationary source as defined in part D ofTitle I ofthe Clean Air Act
including:
A. For ozone nonattaimnent areas, sources with the potential to emit 100
tons or more per year ofvolatile organic compounds or oxides ofnitrogen
in areas classified as “marginal” or “moderate”, 50 tons ormore per year
in areas classified as “serious”, 25 tons or more per year in areas classified
as “severe”.
13.
Section
39.5(4)(x)
ofthe Act, 415 ILCS
5/39.5(4)(x)(2002)
titled, Transition,
provides the following:
x. The owner or operator ofa new CAAPP source shall submit its complete
CAAPP application consistent with this subsection within 12 months after
commencing operation ofsuch source...
14.
Section
39.5(6)(b)
ofthe Act,
415
ILCS
5/39.5(6)(b)(2002),
titled, Prohibitions,
provides as follows:
b. After the applicable CAAPP permit or renewal application submittal date, as
specified in subsection 5 of this Section, no person shall operate a CAAPP source
without a CAAPP permit unless the complete CAAPP permit or renewal
application for such source has been timely submitted to the Agency.
15.
The Facility is a major source because it emitted 15.7 tons per year
(“TPY”) of Styrene Resin, a hazardous air pollutant (“HAP”) and it has the potential to emit
3
greater than 25 TPY VOM in an area classified as severe nonattainment. for ozone. The major
source was constructed in an area classified as severe nonattainment for ozone.
16.
Oasis was required to file a CAAPP permit application within 12 months of
beginning operations in July 1997. On September 22, 1999, Oasis applied for a CAAPP permit.
17.
By failing to apply for a CAAPP permit until September 22, 1999, two years after
it was required to do so, Respondent violated Section
39.5(6)(b),
ofthe Act, 415 IILCS
5/39.5(6)(b)
(2002).
WIIEREFORB, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor ofComplainant and against Respondent with
respect to Count I:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answerthe allegations herein;
2.
Finding that Respondent has violated Section 39.5(6)(b) ofthe Act;
3.
Assessing a civil penalty against Respondent in the amount ofFifty Thousand
Dollars ($50,000.00) for each violation of Section
39.5(6)(b)
of the Act, with an additional civil
penalty ofTen Thousand Dollars ($10,000.00) per day for each day during which violation
continues;
4.
Ordering Respondent to pay all costs pursuant to Section 42(f) ofthe Act,
including attorney, expert witness and consultant fees expendedby the State in its pursuit of this
action, and;
5.
Granting such other relief as the Board deems appropriate.
COUNT II
CONSTRUCTION OF A MAJOR SOURCE
IN VIOLATION OF NEW SOURCE REVIEW
1
-
6.
Complainant realleges and incorporates by reference herein, paragraphs 1 through
5 and paragraph 15 ofCount I as paragraphs 1 through 6 ofthis Count II.
4
7.
Section 9(a) ofthe Act, 415 ILCS
5/9(a)
(2002), provides as follows:
No person shall:
(a) Cause or threaten or allow the discharge or emission ofany contaminant into
the environment ofany 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;
8.
Section 3.3 15 ofthe Act, 415 ILCS
5/3.3
15 (2002), defines “person” as follows:
“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.
9.
Oasis is a person as that term is defined in Section 3.3 15 ofthe Act, 415 ILCS
5/3.3 15 (2002).
10.
Section 203.201 ofthe Board AirPollution Regulations, 35 Ill. Adm. Code
203.201, titled, Prohibition, provides as follows:
In any nonattainment area, no person shall cause or allow the construction of a
new major stationary source or majormodification-that is major for the pollutant
for which the area is 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 maj or stationary sources or maj or modifications-of
sources that emit volatile organ materials ornitrogen oxides.
11.
In 1997, Oasis constructed a major stationary source in an area designated severe
nonattainment for ozone. Oasis modified the source in 1998.
12.
On July 25, 1997, the Illinois EPA issued to Oasis a joint construction and
operating permit #9707005 8 which established a yearly limit of 15.75 tons per year (“T/Yr”) of
VOM emissions.
13.
On August 31, 1998, the Illinois EPA issued to Oasis ajoint construction and
operating permit #98 020084 with a total yearly VOM emission of8.80 T/Yr.
14.
On January 6, and March 15, 2003, Oasis submitted data to the Illinois EPA
which documented VOM emissions for calendar years 1999, 2000, 2001 and 2002.
5
15.
The data submitted by Oasis to the Illinois EPA showed the following total
emissions ofVOM.
Year
VOM Emissions
1999
20.03 (T/Yr)
2000
18.73 (T/Yr)
2001
23.77 (T/Yr)
2002
34.13 (T/Yr)
16.
As the above date shows, Oasis emitted VOM in excess ofthe permitted levels.
Emitting VOM in excess ofpermitted levels triggers NSR and therefore is tantamount to the
construction ofa major source or major modification.
17.
By emitting VOM in excess ofthe permitted levels, Respondent constructed a
major source and/or major modification in violation of 35 111. Adm. Code 203.201 and thereby
also violated Section 9(a) ofthe Act, 415 ILCS
5/9(a)
(2002).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor of Complainant and against Respondent with
respect to Count II:
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein;
2.
Finding that Respondent has violated Section 9(a) ofthe Act and 35 Ill. Adm.
Code 203 .201;
3.
Ordering Respondent to cease and desist from any further violations ofSection
9(a) ofthe Act and 35 Ill. Adm. Code 203.201;
4.
Assessing a civil penalty against Respondent in the amount ofFifty Thousand
Dollars ($50,000.00) for each violation of Section 9(a) ofthe Act, and 35 Ill. Adm. Code 203.201
with an additional civil penalty ofTen Thousand Dollars ($10,000.00) per day for each day of
violation of Section 9(a) ofthe Act and 35 Ill. Adrn. Code 203.201;
6
5.
Ordering Respondent to pay all costs pursuant to Section 42(f) ofthe Act,
including attorney, expert witness and consultant fees expended by the State in its pursuit ofthis
action; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT III
.
FAILURE TO MEET WITH THE LOWEST
ACHIEVABLE EMISSION RATE (“LAER”~)REQUIREMENTS
1
-
6.
Plaintiff realleges and incorporates by reference herein, paragraphs 1 through 6
ofCount II as paragraphs 1 through 6 ofthis Count ifi.
7.
Section 203.301(b) and (d)(1)(2)(3), ofthe Board Air Pollution Regulations, 35
Ill. Adm. Code 203.30 1(b) and (d)(1)(2)(3), titled, Lowest Achievable Emission Rate, provides
as follows:
(b)
The owner or operator ofa new major stationary source shall
demonstrate that the control equipment and process measures applied to the
source will produce LAER.
(d)
The owner or operator shall provide a detailed showing that the
proposed emission limitations constitute LAER. Such a demonstration shall
include:
(1)
A description of the manner in which the proposed emission
limitation was selected, including a detailed listing ofinformation
resources,
(2)
Alternative emission limitations, and
(3)
Such other reasonable information as the Agency may request as
necessary to determine whether the proposed emission limitation is
LAER.
8.
Section 203.302(a)(1)~D)ofthe Board AirPollution Regulations, 35 Ill. Adm.
Code 203.302(a)(1)(D), titled, Maintenance ofReasonable Further Progress and Emission
Offsets, provides as follows:.
a)
The owner or operator ofa new major source or major
modification shall provide emission 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 ormodification will not interfere with reasonable further progress
7
as set forth in Section 173 ofthe Clean AirAct (42 U.S.C. 7401 et.. seq.).
(1)
For new major sources or major modifications in ozone
nonattainment areas the ratio oftotal emission reductions provided
by emission offsets for volatile organic material or nitrogen oxides
to total increased emissions of such contaminants shall be as
follows:
(D)
1.3 to 1 in areas classified as severe;
9.
Oasis operates in an area designated severe nonattainment for ozone.
10.
At the time of the construction and modification ofthe Facility, Oasis obtained
construction permits with monthly and annual emission limits set at a level below that required
for major sources for the purpose ofthe Board New Source Review regulations.
11.
Oasis emitted VOM in excess ofthe permitted levels. By emitting VOM in
excess ofthe pennitted levels, Oasis failed to produce LAER and provide emission offsets as
requiredby 35 Ill. Adm. Code 203.301(b) and (d)(1)(2)(3) and 203.302(a)(1)(D). By such
failure, Oasis failed to comply with the Board NSR regulations, including LAER and offset
requirements.
12.
By failing to comply with the Board NSR regulations including LAER and offset
requirements, Respondent violated Section 9(a) of the Act, 415 ILCS 5/9(a)(2002) and 35 Ill.
Adrn. Code 203.301(b) and (d)(1)(2)(3) and 203.302(a)(1)(D).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor ofComplainant and against Respondent with
respect to this Count ifi.
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein.
2.
Finding that Respondent has violated Section 9(a) ofthe Act, 415 ILCS
5/9(a)
(2002) and 35 Ill. Adm. Code 203.301(b)(d) and (1)(2)(3) and 203.302(a)(1)(D);
8
3.
Assessing a civil penalty against Respondent in the amount ofFifty Thousand
Dollars ($50,000.00) for each violation ofSection 9(a) of the Act, and 35 Ill. Adm. Code
203.30 1(b) and (d)(1)(2)(3) and 203.302(a)(1)(D) with an additional civil penalty ofTen
Thousand Dollars ($10,000.00) for each day ofviolation;
4.
Ordering Respondent to pay all costs pursuant to Section 42(f) ofthe Act,
including attorney, expert witness and consultant fees expended by the State in its pursuit ofthis
action; and
5.
Granting such other relief as the Board deems appropriate and just.
COUNT IV
FAILURE
TO TIMELY SUBMIT AN EMISSIONS
REDUCTION MARKET SYSTEM (“ERMS”) APPLICATION
1
-
6.
Plaintiff realleges and incorporates by reference herein, paragraphs 1 through 6
ofCount ifi as paragraphs 1 through 6 ofthis Count IV.
7.
Section 9.8(b) ofthe Act, 415 ILCS 5/9.8(b) (2002), provides as follows:
The Agency shall design an emissions market system that will assist the State in
meeting applicable post-1996 provisions under the CAAA of1990, provide
maximum flexibility for designated sources that reduce emissions, and that takes
into account the findings ofthe national ozone transport assessment, existing air
quality conditions, and resultant emission levels necessary to achieve or maintain
attainment.
8.
Section 205.130 of the Board Air Pollution Regulations, 35 Ill. Adm. Code
205.130, titled, Definitions, provides the following pertinent defmitions:
“Allotment” means the number ofallotment trading units (ATUs) allotted to a
source by the Agency, as established in the source’s CAAPP permit.
“Baseline emissions” means a participating sources’ VOM emissions for the
seasonal allotment period based on historical operations.
“Participating source” means a source operating prior to May 1, 1999, located in
the Chicago ozone nonattainment area, that is required to obtain a CAAPP permit
and has baseline emissions ofat least 10 tons, as specified in Section 205.320(a)
ofthis Part, or seasonal emissions ofat least 10 tons in any seasonal allotment’
period beginning in 1999.
9
“Seasonal allotment period” means the period from May 1 through September 30
of each year.
“Seasonal emissions” means actual VOM emissions at a source that occur during
a seasonal allotment period.
9.
Section 205.3 10(a)(2) ofthe Board Air Pollution Regulations, 35 Ill. Adm. Code
205.310(a)(2), titled, ERMS Application, provides as follows:
The owner or operator ofeach participating source or new participating source shall
submit to the Agency an ERMS application in accordance with the following schedule:
(2) For any source that first becomes a participating source because its VOM
emissions increase to 10 tons or greater during any seasonal allotment period
beginning with 1999, on or before December 1 ofthe year ofthe first seasonal
allotment period in which its VOM emissions are at least 10 tons, provided that
this emissions increase is not a major modification pursuant to 35 Ill. Adm. Code
203;
10.
Oasis is a participating source as it has been operating prior to May 1, 1999, is
located in the Chicago ozone nonattaimnent area, is required to obtain a CAAPP permit and has a
baseline emissions ofat least 10 tons in any seasonal allotment period beginning in 1999.
11.
Beginning in at least 2001, Oasis had seasonal emissions in excess of 10 tons per
season.
12.
Oasis was required to submit an ERMS baseline application no later than
December 1, 2001.
13.
Oasis did not submit its ERMS baseline application until January 14, 2003,
thirteen months after it was required to do so.
14.
By failing to timely submit its ERMS baseline application, Oasis violated the
Board Air Pollution Regulations, 35 Ill. Adm. Code Section 205.3 10(a)(2).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor of Complainant and against Respondent with
respect to this Count IV:
10
1.
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the. allegations herein;
2.
Finding that Respondent has violated 35 Ill. Adm. Code 205.3 10(a)(2);
3.
Assessing a civil penalty against Respondent in the amount ofFifty Thousand
Dollars ($50,000.00) for each violation 35 111. Adm. Code 205.3 10(a)(2) with an additional civil
penalty ofTen Thousand Dollars ($10,000.00) per day ofviolation;
4.
Ordering Respondent to pay all costs pursuant to Section 42(f) ofthe Act,
including attorney, expert witness and consultant fees expended by the State in its pursuit ofthis
action; and
5.
Granting such other relief as the Board deems appropriate and just.
COUNT V
EXCEEDING PERMIT LIMITS
1
-
6.
Complainant realleges and incorporates by reference herein, paragraphs 1 through
6 ofCount IV as paragraphs 1 through 6 ofthis Count V.
7.
Section 9(b) ofthe Act, 415 ILCS
5/9(b)
(2002), provides as follows:
No Person shall:
b.
Construct, install, or operate any equipment, facility, vehicle, vessel, or
aircraft capable ofcausing or contributing to air pollution or designed to
prevent air pollution, ofany type designated by Board regulations, without
a permit granted by the Agency, or in violation ofany conditions imposed
by suchpermit.
8.
On August 31, 1998, the Illinois EPA issued to Oasis Joint Construction and
Operating permit No. 98020084, for a gelcoat spraybooth, a skincoat spraybooth, and two final
coat spray booths.
9.
Condition 1 ofJoint Construction and Operating Permit No. 98020084 provides,
in part, as follows:
11
Material usage and volatile organic material (VOM) emissions ofthe gelcoat, skincoat,
and final coat spray booths shall not exceed the following limits:
Material
Material
Usage
VOM
VOM
VOM
Emissions
Content
Loss
(T/Mo)
(T/Yr)
(T/Mo)
(T/Yr)
Gelcoat
3.60
43.2
11.7
3.1
0.01
0.16
Resin
Skin
6.12
73.5
29.0
5.4
0.10
1.15
Coat
Resin
Final
10.01
120.1
48.0
13.0
0.62
7.49
Coat
Resin
Total
8.80
10.
Beginning sometime prior to 2001, a date better known to Oasis, Oasis exceeded the aimual
and/or monthly VOM limits for gelcoat, skincoat, and final coat spray booths subject to Condition 1 of Joint
Construction and Operating Pennit No. 98020084.
11.
By exceeding its annual and/or monthly VOM limits for gelcoat, skincoat and final coat
spray booths, Oasis violated Section 9(b) ofthe Act, 415 ILCS 5/9(b) (2002), and Condition 1 ofJoint
Construction and Operating Permit No. 98020084.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLiNOIS, respectfully requests that
the Board enter an order in favor ofComplainant and against Respondent with respect to this Count V:
1.
Authorizing a hearing in this matter at which time the Respondent will be required to answer
the allegations herein;
2.
Finding that Respondent has violated Section 9(b) ofthe Act and Condition 1 ofJoint
Construction and Operating Permit No. 98020084.
3.
Assessing a civil penalty against Respondent in the amount ofFifty Thousand Dollars
($50,000.00) for each violation ofthe Act and pennit conditions with an additional civil penalty of Ten
Thousand Dollars ($10,000.00) per day ofviolation;.
4.
Ordering Respondent to pay all costs pursuant to Section 42(f) ofthe Act, including attorney,
expert witness and consultant fees expendedby the State in its pursuit of this action; and
12
5.
Granting such other relief as the Board deems appropriate and just.
COUNT VI
FAILURE TO FILE ACCURATE
AND
COMPLETE
ANNUAL EMISSIONS REPORTS
1
-
6
Complainant realleges and incorporates by reference herein, paragraphs 1 through 6 of
Count V as paragraphs 1 through 6 ofthis Count VI.
7.
Section 201.302(a) ofthe Board Air Pollution Regulations, 35 Ill. Adm. Code 201.302(a),
titled, Reports, provides as follows:
The owner or operator of any emission unit or air pollution control equipment, unless
specifically 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, however, that the Agency may require more frequent
reports where necessary to accomplish the purposes ofthe Act and this Chapter.
8.
Section 254.132(a) ofthe Board Air Pollution Regulations, 35 Ill. Adm. Code 254.132(a),
titled, Failure to File a Complete Retort, provides as follows:
Failure to file a complete Annual Emissions Report by the applicable deadlines prescribed in
Section 254.137(a) of this subpart shall be a violation ofthis part and 35 Ill. Adm. Code
201.302(a).
9.
Oasis failed to file complete and accurate Annual Emission Reports (“AERs”) for calendar
years 1999 through 2001 in that VOM and HAP emissions were not correctly reflected in its reports.
10.
On
January 14, 2003, Oasis filed revised reports for calendar years 1999 through 2001, which
were also incorrect.
11.
To the date offiling ofthis Complaint, Oasis has not filed corrected AERs for calendar years
1999 through 2001. Oasis did timely provide AERs for calendar years 2002 and 2003.
12.
By failing to file corrected AERs for calendar years 1999 through 2001, Oasis violated
Section 9(a) ofthe Act, 35 Ill. Adm. Code 201.302(a) and 254.132(a).
13
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully requests that
the Board enter an order in favor ofComplainant and against Respondent with respect to this Count VI.
1.
.
Authorizing a hearing in this matter at which time the Respondent will be required to answer
the allegations herein;
2.
Finding that Respondent has violated Section 9(a) of the Act and 35 111. Adm. Code
201.302(a) and 254.132(a);
3.
Assessing a civil penalty against Respondent in the amount ofFifty Thousand Dollars
($50,000.00) for each violation ofthe Act and 35 Ill. Adm. Code 201.302(a) and 254.132(a) with an
additional civil penalty ofTen Thousand Dollars ($10,000.00) per day ofviolation;
4.
Ordering Respondent to pay all costs pursuant to Section 42(f) ofthe Act, including attorney,
expert witness and consultant fees expended by the State in its pursuit ofthis action; and
5.
Granting such other relief as the Board deems appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN, Attorney General
State ofIllinois
MATTHEW J. DUNN, Chief,
Environmental Enforcement
Asbestos Litigation Division
By:_____________________
ROSEMARIE CAZEAU, Chief
Environmental Bureau
Assistant Attorney General
Of
C’ounsel:
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau North
188 West Randolph Street,
20th
Floor
Chicago, Illinois 60601
(312) 814-3816
(312) 814-2347
-
fax
G:\Environniental Enforcement\Z BEREKET-AB\Oasis
-
Complaint 0904.wpd
14
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Complaint, Notice ofFiling, and
Certificate ofService via United States Postal certified mail upon the following person:
H.E. Hanson, Esq. P.C.
Attorney at Law
4721 Franklin Avenue
Suite 1500
Western Springs, IL 60558-1720
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Fir.
Chicago, Illinois 60601
G:\Environmental Enforcement\Z BEREKET-AB\Qasjs Certificate of Service 11-22-04.wpd
