RECE
WED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC06 200’i
PEOPLE OF THE STATE OF ILLINOIS,
)
LISA M2~DIGAN, Attorney General
of the State of Illinois,
Complainant,
vs.
PCB No. 05-51
(Enforcement
-
Air)
ENVIRONMENTAL HEALTH and SAFETY
SERVICES,
INC., an Illinois
corporation
Respondent.
NOTICE OF FILING OF FIRST AMENDED COMPLAINT
TO: Bryan G. Selander
Pollution Control Board
Schlueter Ecklund
Attention: Clerk
4023 Charles Street
100 West Randolph Street
Rockford, Illinois 61108
James R. Thompson. Center
Suite 11-500
Chicago, Illinois 60601-3218
PLEASE TAKE NOTICE that I have today filed with the Office
of the Clerk of the Illinois Pollution Control Board
Complainant’s First Amended Complaint, a 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,
STATE OF ILLINOIS
pollution ContrOt Board
)
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 Flr.
Chicago, IL 60601
(312) 814-3816
DATE: December 6, 2004
G,\EnVirOfltflefl~al Enthrcement\Z BEREKET-~B\~nvironmerita1~ea1th notice of filing i2-06-04.wpd
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RECE~VED
BEFORE THE ILLINOIS POLLUTION CONTROL BOAI~DLERK’SOFFICE
DEC 062004
STATE OF ILLINOIS
Pollution Control Board
PCB No. 05-51
V5
(Enforcement -Air)
ENVIRONMENTAL HEALTH & SAFETY
SERVICES, INC., an Illinois corporation,)
Respondent.
FIRST AMENDED COMPLAINT
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA MADIGAN, Attorney General of the State of Illinois, and
complains of Respondent, ENVIRONMENTAL HEALTH & SAFETY SERVICES,
INC., as follows:
•
COUNT I
AIR POLLUTION
1.
This Complaint is brought 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”) against ENVIRONMENTAL HEALTH & SAFETY SERVICES,
INC., pursuant to the terms and provisions of SeOtion 31 of the
Illinois Environmental Protection (“Act”) 415 ILCS 5/31 (2002)
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General of
the State of Illinois,
Complainant,
—1—
2. The Illinois EPA is an administrative agency
established in the executive branch of the State government by
Section 4 of the Act, 415 ILCS 5/4 (2002), and charged, inter
alia, with the duty of enforcing the Act.
3. Environmental Health & Safety Services, Inc.,
• (“Respondent”) is an Illinois corporation in good standing.
•
4. Respondent conducts asbestos consulting services,
including building inspections, asbestos abatement project
management, and asbestos removal and disposal activities.
5. At all times relevant to this Complaint, Respondent was
• located at 1304 Derby Lane, Rockford, Winnebago County, Illinois
61107.
6. Respondent, as the asbestos removal contractor,
contracted with the owner of the former Lincoln Park School
located at 4103 West State Street, Rockford, Winnebago County,
Illinois (“Facility”) to remove and dispose of regulated
asbestos-containing material (“RZ~CM”) from the boiler room
located within the Facility. Respondent was the operator of the
renovation activity at the Facility.
7. On December 9, 2002, the Illinois EPA received from
Respondent a Notification of Demolition and Renovation
(“Notification”), informing the Illinois EPA of scheduled
asbestos removal activities to be conducted within the Facility.
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The asbestos removal was scheduled to begin on January 2, 2003,
and be completed by January 24, 2003.
8. The Notification failed to state an estimate of the
approximate amount of asbestos that will not be removed during
demolition of the facility.
9. On January 7, 2003, Illinois EPA inspected the
Facility.
10. On January 7, 2003, Respondent informed the Illinois
EPA that asbestos removal activities, originally scheduled to
commence within the Facility on January 2, 3003, commenced on
January 6, 2003, two working days after the scheduled starting
date for asbestos removal activity stated in the Notification.
‘11. On January 7, 2003, and on a date(s) better known to
Respondent, Respondent’s employees removed and dropped to the
boiler room floor dry friable regulated asbestos-containing
boiler insulation located on one boiler and boiler pipes causing
the visible emission of regulated asbestos-containing boiler
insulation. Respondent’s employees conducted asbestos removal
activities within the boiler area without utilizing a containment
area with negative air, decontamination unit, bagout area, or
water •spray to control asbestos emissions.
12. On January 7, 2003, the Illinois EPA inspected one of
several bags located within the boiler room area and utilized by
Respondent’s employee to contain boiler insulation. At least one
-3-
bag contained dry friable regulated asbestos-containing boiler
insulation that could easily be crushed and crumbled by hand
pressure. Neither water nor condensation were visible within at
least one bag utilized to contain regulated asbestos-containing
boiler insulation.
13. On January 7, 2003, the Illinois EPA collected three
samples
of dry friable P-ACM from the Facility for analytical
testing. Two samples
of dry friable P-ACM were collected from
inside the boiler room work area, and one sample was collected
from the area adjacent to the entry door to the work area.
14. On January 24, 2003, the Illinois EPA received from
EnviroHealth Technologies, Inc., test data documenting that one
of the samples contained concentrations of chrysotile asbestos
from 10~to 20~and all three samples contained concentrations of
arnosite asbestos from l0~to 30~.
15. Section 9(a) of the Act, 415 ILCS 5/9(a) (2002),
provides as follows:
No person shall:
1. 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;
•
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16.’ Section 201.141 of the Illinois
Pollution
Control Board
(“Board”) Air Pollution Regulations, 35 Iii. Adm. Code 201.141,
titled, Prohibition of Air Pollution, 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
.
17. Section 3.315 of the Act, 415 ILCS 5/3.315 (2002),
defines a 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.
18. Respondent, a corporation, is a “person” as that term
is defined by Section 3.315 of the Act, 415 ILCS 5/3.315 (2002)
19. Section 3.115 of the Act, 415 ILCS 5/3.115 (2002),
defines air pollution as:
“Air pollution” 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.
•
20. Section 3.165 of the Act, 415 ILCS 5/3.165 (2002),
defines contaminant as follows:
“Contaminant” is any solid, liquid, or gaseous matter,
•
any odor, or any form of energy, from whatever source.
-5-
21. Asbestos is a contaminant as that term is defined by
Section. 3.165 of the Act, 415 ILCS 5/3.165 (2002)
22.
As operator of an asbestos removal activity,
Respondent caused, threatened or allowed the discharge or
emission of asbestos into the environment so as to cause or tend
to cause air pollution in that dry friable RACM located on one
boiler and boiler pipes within the Facility was removed without
utilizing wet methods or measures to control asbestos emissions.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent and in favor of Complainant:
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 Section 9(a) of
the Act and 35 Ill. Adm. Code Section 201.141;
3. Ordering Respondent to cease and desist from any
further violations of Sections 9(a) of the Act, and 35 Ill. Adm.
Code Section 201.141;
4. Assessing a civil penalty against Respondent in the
amount of Fifty Thousand Dollars ($50,000.00) for each violation
of the Act, and an additional civil penalty of Ten Thousand
Dollars ($10,000.00) per day for each day during which the
violation of the Act and Board regulations continued;
-6-
5. Requiring Respondent to pay all costs of this
proceeding pursuant to Section 42(f) of the Act, including expert
• witnesses, consultant, and attorney fees; and
6. Granting such other relief as this Board deems
•appropriate and just.
COUNT II
FAILURE TO PROVIDE A COMPLETE NESHAP FOR ASBESTOS NOTIFICATION
14. Complainant reall.eges and incorporates by reference
herein, paragraphs 1 through 14 of Count I as paragraphs 1
through 14 of this Count II.
15. Section 9.1(d) (1) of the Adt, 415 ILCS 5/9.1(d) (1)
(2002) states as follows:
Cd) 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.
16. Pursuant to Section 112(b) (1) of the Clean Air Act
(“CAA”), 42 U.S.C. 7412(b) (1), the Administrator of, the United
States Environmental Protection Agency (“USEPA”) lists asbestos
as a hazardous air pollutant.
17.’ Section 112(d) of the CAA, 42 U.S.C. 7412(d), titled
Emission Standards, provides in pertinent part as follows:
1. 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
-7-
18. Section 112(h) of the CAA, 42 U.S.C. 7412(h), titled,
Work Practice Standards and Other Requirements, provides in
pertinent part as follows:
1.
•
For purposes of this section, if it is not
feasible in the judgment of the Administrator to
prescribe or enforce an emission standard for
control of a hazardous air pollutant or
pollutants, the Administrator may, in
lieu
thereof, promulgate a design, equipment, work
practice, or operational standard, or combination
thereof, which in the Administrator’s judgment is
consistent with the provisions of subsection (d)
or (f) of this section
.
19. Pursuant to Section 112 of the CAA, the USEPA has
adopted NESHAP. The Administrator determined that work practice
standards rather than emission standards were appropriate in the
regulation of asbestos.
20. The federal regulations set forth within the NESHAP
for asbestos are enforceable through Section 9.1(d) (1) of the
Act, 415 ILCS 5/9.1(d) (1) (2002).
21. Section 61.141 set forth within the NESHAP for
asbestos, 40 CFR 61.141 (January 17, 2003), 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.
Asbestos
means’ the asbestiform varieties of
serpentinite
(chrysotile),
riebeckite (crocidolite),
cummingtonite-grunerite,
anthophyllite, and actinolite-
tremolite.
-8-
• 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, 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.
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
wast•e 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.
Friable asbestos material
means any material containing
more than 1 percent asbestos
as
determined using the
method specified in appendix E, subpart E, 40 CFR 763
section 1, Polarized Light Microscopy, that, when dry,
can be crumbled, pulverized, or 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.
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 facility being demolished
or renovated or any person who owns, leases, operates,
controls, or supervises the demolition or renovation
operation, or both.
-9-
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.
Renovation
means altering a facility or one or more
facility components in any way, including the stripping
or removal of P-ACM from a facility component.
Operations in which load-supporting structural members
are wrecked or taken out are demolitions.
Regulated asbestos-containing material
(P-ACM) 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 P-ACM or facility components
that contain or are covered with P-ACM from any
facility.
22.
•
The structure within which Respondent conducted
asbestos removal activities is a “facility” as defined in 40 CFR
61.141.
23.
The removal of asbestos from the facility constitutes a
renovation as defined in 40 CFR 61.141.
• 24. As the contractor who operated, controlled, or
supervised asbestos removal activities,
Respondent was the
operator of a renovation activity as that term is defined in 40
CFR 61.141.
•
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25. •Section 61.145(a) of the NESHAP, 40 CFR 61.145 (a)
(January 17, 2003), titled, Standard for Demolition and
Renovation, provides in pertinent part as follows:
• (a)
Applicability.
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 P-ACM as follows:
(1) In a facility being demolished, all the
requirements of paragraphs (b) and (c) of
this section apply, except as provided in
paragraph (a) (3) of this section, if the
• combined amount of P-ACM is
(i) At least 80 linear meters (260 linear
•
feet) on pipes or at least 15 square
meters (160 square feet) on other
facility components, or
(ii) At least 1 cubic ter (35 cubic feet) off
•
facility components where the length or
area could not be measured previously.
26. The Notification stated the Facility was to be
demolished, that 1000 linear feet of P-ACM on pipes was to be
removed, 630 square feet of P-ACM was to be removed from the
boilers, and 12,500 square feet of Category I nonfriable
asbestos-containing floor tile was to be removed.
—11-
27. Asbestos removal activities performed by Respondent
within the Facility were subject to the requirements of 40 CFR
61.145(b) (c), and 61.150.
28. Section 61.145(b) (4) (vi), set forth within the
NESHAP
for asbestos, CFR 61.145(b) (4) (vi) ‘(January 17, 2003), titled
Standard for Demolition and Renovation: Notification
Requirements, provides in pertinent part:
(b) Each owner or operator of a demolition or
renovation activity to which this section applies
shall:
(4) Include the following in the notice:
(vi) Estimate of the approximate amount of
P-ACM to be removed from the facility in
terms of length of pipe in linear meters
•
(linear feet), surface area in square
meters •(square feet) on other facility
components, or volume in cubic meters
(cubic feet) if off the facility
components. Also, estimate the
approximate amount of Category I and
•
Category II nonfriable ACM in the
affected part of the facility that will
not be removed before demolition.
29. In the Notification received by the Illinois EPA from
Respondent on December 6, 2002, Respondent failed to set forth an
estimate of the approximate amount of Category land Category II
nonfriable ACM in the affec•ted area of the Facility that will not
• be removed before demolition of the Facility.
30. By its fai1u~eto submit a complete notification in
accordance with the requirements of 40 C.F.R. 61.145(b) (4) (vi),
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Respondent violated Section 9.1(d) (1) of the Act, 415 ILCS
5/9.1(d) (1) (2002), and 40 CFR 61.145(b) (4) (vi).
WHEREFORE, Complainant,, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against the
Respondent and in favor of the Complainant:
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 Section 9.1(d) (1)
of the Act and 40 CFR 61.145(b) (4) (vi);
3. Ordering Respondent to cease and desist from any
further violations of Section 9.1(d) (1) of the Act and 40 CFR
61.145(b) (4) (vi);
4. Assessing against Respondent a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each and every violation of the
Act, with an, additional penalty of Ten Thousand Dollars
($10,000.00) per day for each day of violation;
Requiring Respondent to pay all costs of this proóeeding
pursuant to Section42(f) of,the•Act, including expert witness,
consultant, and attorney fees; and
5. Granting such other relief as this Board deems
appropriate and just.
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COUNT III
,
FAILURE TO TIMELY SUBMIT A NESHAP FOR ASBESTOS NOTIFICATION
1-29. Complainant realleges and incorporates by reference
herein, paragraphs 1 through 29 of Count II as paragraphs 1
through 29 of this Count III.
30. Section 61.145(b) (1) and (3) (iv) set forth within the
NESHAP for asbestos, 40 CFR 61.145(b) (1) and (3) (iv) (January 17,
2003), titled, Standard for Demolition and Renovation: Notifi-
cation Requirements, provides in pertinent part as follows:
(b) 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. Delivery of the
notice by U.S. Postal Service, commercial delivery
service, or hand delivery is acceptable.
(3) Postmark or deliver the nàtice as follows:
(iv)
•
For asbestos stripping or removal work
•
in a demolition or renovation operation,
described in paragraphs (a) (1) and (4)
(except (a) (4)
(iii) and(a) (4) (iv)) of
this section, and for a demolition
described in paragraph (a) (2) of this
section, that will begin on a date other
than the one contained in the original
notice, notice of the new start date
must be provided to the Administrator as
follows:
(A) When the asbestos stripping or
• removal operation or• demolition
operation covered by this paragraph
will begin after the date contained
in the notice,
• -14-
(1) Notify the Administrator of
the new start date by
•
telephone as soon as possible
before the original start
date, and
(2) Provide the Administrator with
a written notice of the new
start date as soon as possible
before, and no later than, the
original start date. Delivery
of the updated notice by the
U.S. Postal Service,
commercial delivery service,
or hand delivery is
•
‘
•
acceptable.
31. Respondent failed to submit to the Illinois EPA a
notification revising the scheduled starting date for asbestos
removal activities prior to the expiration of the original
scheduled starting date of January 2, 2003, as required by 40 CFR
61.145(b) (3) (iv).
32. Respondent, by its failure to notify the Illinois EPA
of the new starting date for asbestos removal activity, violated
Section 9.1(d)(1) of the Act, 415 ILCS 5/9.1(d) (1) (2002), and 40
CFR 61.145(b) (1) and (3) (iv) (January 17, 2003).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against the
Respondent and in favor of the Complainant:
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 Section 9.1(d) (1)
of the Act and 40 CFR 61.145 and (3) (iv)
;
-15-
3. Ordering Respondent to cease and desist from any further
• violations of Section 9.1(d) (1) of the Act and 40 CFR
61.145(b) (3) (iv);
4. Assessing against Respondent a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each and every violation of the
Act, with an additional civil penalty of Ten Thousand Dollars
($10,000.00) per day for each day of violation;
5. Requiring Respondent to pay all costs of this proceeding
pursuant to Section 42(f) of the Act, including expert witness,
consultant, and attorney fees; and
6. Granting such other
relief as this Board deems
appropriate and just.
COUNT IV
•FAILURE TO ADEQUATELY WET ALL RACM
PRIOR TO STRIPPING FROM STRUCTURES
•
1-27. Complainant realleges and incorporates by reference
herein, paragraphs 1 through 27 of Count II as paragraphs 1
through 27 of this Count IV.
28. Section 61.145(c) (3) set forth within the
NESHAP
for
asbestos, 40 CFR 61.145(c)(3)
(January 17, 2003), titled,
Standard for Demolition and Renovation: Procedures f or Asbestos
Emission Control, provides in pertinent part as follows:
(c) Each owner or operator of a demolition or
renovation activity to whom this paragraph
applies, according to
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(d) paragraph (a) of this section, shall comply with
the following procedures:
(3) When
~ACM is stripped from a facility
component while it remains. In place in the
facility,
adequately wet the RACM during the
stripping operation.
29. Respondent failed to adequately wet all P-ACM during
asbestos removal activities within the Facility.
30. In failing to adequately wet the
RACM during asbestos
removal activities,
Respondent violated Sec’tion 9.1(d) (1) of the
Act, 415 ILCS 5/9.1(d) (1) (2002), and 40 CFR 61.145(c) (3).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an’order against the
Respondent and in favor of the Complainant:
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 Section 9.1(d) (1)
of the Act and 40 CFR 61.145(c) (3);
3. Ordering Respondent to cease and desist from any further
violations of Section 9.1(d) (1) of the Act and 40 CFR
61.145(c) (3);
‘ .
•
4. Assessing. against Respondent a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each and every violation of the
Act, with an additional civil penalty of Ten Thousand Dollars
($10,000.00) per day for each day of violation;
-17-
5.. Requiring Respondent to pay all dosts of this proceeding
pursuant to Section 42(f) of the Act, including expert witness,
consultant, and attorney fees; and
6. Granting such other relief as this Board deems
appropriate’ and just.
COUNT V
FAILURE TO ADEQUATELY WET ALL RACM
UNTIL COLLECTION
1-27. Complainant realleges and incorporates by reference
herein, paragraphs 1 through 27 of Count II as paragraphs 1
through 27 of this Count V.
28. Section 61.145(c) (6) (i) set forth
within the NESHAP for
asbestos, 40 CFR 61.145 (c) (6) (i) (January 17, 2003), titled,
Standard for Demolition and Renovation: Procedures for Asbestos
Emission Control, provides in pertinent’part as follows:
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;
. .
29. Respondent failed to adequately wet and maintain wet
all RACM and regulated asbestos-containing waste material until
collected and contained in preparation for disposal at a site
permitted to accept such waste.
-18-
30. By failing to en~ure that the P-ACM and regulated
asbestos-containing
waste material remained wet until collected
and contained, Respondent violated Section 9.1(d) (1) of the Act,
415 ILCS 5/9.1(d) (1) (2002), and 40 CFR 61.145(c) (6) (1)
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against the
Respondent and in favor of the Complainant:
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 Section 9.1(d) (1)
of the Act and 40 CFR 61.145(c) (6) (i);
3. Ordering Respondent to cease and desist from any further
violations of Section 9.1(d) (1) of the Act and 40 CFR
61.145(c) (6) (i);
4. Assessing against Respondent a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each and every violation of the
Act, with an additional civil penalty of Ten Thousand Dollars
($10,000.00) per day for each day of violation;
5. Requiring Respondent to pay all costs of this proceeding
pursuant to Section 42(f) of the Act, including exper.t witness,
consultant, and attorney fees; and
6. Granting such other relief as this Board deems
appropriate and just.
-19-
•
COUNT VI
FAILURE TO ADEQUATELY WET AND KEEP WET
ASBESTOS-CONTAINING WASTE MATERIAL
1-27. Complainant realleges and incorporates by reference
herein, paragraphs 1 through 27 of Count II as paragraphs 1
through 27 of this Count VI.
28. Section 61.150 (a) (1) set forth within the
NESHAP
for
asbestos, 40 CFR 61.150 (a) (1)
(October 10, 2003), 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:
(a) Discharge no visible emissions to the outside air
during the collection, processing (including
incineration), packaging, or transporting of any
asbestos-containing
waste material generated by
the source, or use one of the emission control and
waste treatment methods specified in paragraphs
(a) (1) through (4) of this section.
(1) Adequately wet asbestos-containing waste
materials as follows:
29. Respondent failed to adequately wet ‘and keep wet,
containerize,
and label all regulated asbestos-containing
waste
materials, thereby causing or allowing the discharge of visible
emissions.
-20-
30. Respondent by its failure as alleged herein, has
violated Section 9.1(d) (1) of the Act, 415 ILCS 5/9.1(d) (1)
(2002), and 40 CFR 61.150 (a) (1).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against the
Respondent and in favor of the Complainant:
‘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 Section 9.1(d) (1)
of the Act and 40 CFR 61.150 (a) (1)
3. Ordering Respondent to cease and desist from further
violations of Section 9.1(d) (1) of the Act and 40 CFR
61.150(a) (1)
4. Assessing against. Respondent a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each and every violation of the
Act and 40 C.F.R. 61.150(a) (1), with an additional penalty of Ten
Thousand Dollars ($10,000.00) per day for each day of violation;
5. Requiring Respondent to pay all costs of this proceeding
pursuant to Section 42(f) of the Act, including expert witness,
consultant, and attorney fees; and
‘
•
6. Granting such other relief as this Board deems
appropriate and just.
-21-
COUNT
VII
FAILURE TO DEPOSIT RACM AT A PERMITTED SITE
1-27. Complainant realleges and incorporates by reference
herein, paragraphs 1 through 27 of Count II as paragraphs 1
through 27 of this Count VII.
28. Sections 61.150(b) (1) set forth within the
NESHAP for’
asbestos, 40 CFR 61.150(b) (1) (October
10, 2003), 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.l44, 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 Section 61.154, or
29. Respondent failed to dispose of all
P-ACM and asbestos-
containing waste material generated during renovation activities
as soon as is praötical.
30. Respondent, by its failure as alleged herein, has
violated Section 91. (d) (1) of the Act, 415 ILCS 5/9.1(d) (1)
(2002), and 40 CFR 61.150(b).
WHEREFORE, Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against the
Respondent and in favor of the Complainant:
-22-
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 Sections 9.1(d) (1)
of the Act and 40 CFR 61.150(b).
3.
Ordering Respondent to cease and desist from any
further violations of Section 9.1(d) (1) of the Act and 40 CFR
61.150 (b)
.
•
4.
Assessing against Respondent a civil penalty of Fifty
Thousand Dollars ($50,000.00) for each and every violation of the
Act and pertinent regulations, with an additional penalty of Ten
Thousand Dollars ($10,000.00) per day for each day of violation;
5.
Requiring Respondent to pay all costs of this
proceeding pursuant to Section 42(f) of the Act, including expert
witness, consultant, and attorney fees; and
-23-
6. Granting such other relief as this Board deems
appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
~-A estos Litigation ~vision
BY: __________________________
RO
CAZ
,
Chief”
Environmental Bureau
Assistant Attorney General
Of Counsel:
ZEMEHERET BEREKET-AB’
Assistant Attorney General
Environmental Bureau
188 W. Randolph St, 20th Fl.
Chicago, Illinois 60601
(312) 814-3816
3: \Environmental znforcement\Z BEREKET-AB\Oldexthergercomplaint .wpd
-24-
CERTIFICATE OF SERVICE
I, the undersigned, certif~’
that I have
served
the attached First Amended Complaint,
Notice ofFiling,
and a Certificate ofService via United States Postal certified mail upon:
Bryan G.
Selander
Schlueter Ecklund
4023 Charles Street
Rockford, illinois 61108
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Fir.
Chicago, illinois 60601
G:\Env’ironmental Enforcement\,Z
BEREKET-AB\Enviromnental
certificate
12-06-04,wpd
