- _J
CLERK’S OFFICE
STATE
JAN
OF
2
52005
ILLINO!S
Pollution Control
Board
OFFICE OF THE KITORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
AY’ORNEY GENERAL
0
January21, 2005
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. ThompsQn Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
Re:
People v. Bath lncorpOrated
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 origi.n~Ls
and return file-stamped copies of the documents to our office in the enclosed, self-addressed
envelope.
Thankyouforyourcooperation ãndconsideration.
~..~_-~----_-_..
Very truly yours,
..~
L_J~mesL. Morgan L~’
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
JLM/pp
Enclosures
500 South Second Street, Springfield, Illinois
62706
• (217) 782-1090 •
~fTY:
(217) 785-2771 • Fax: (217) 782-7046
100
~VestRandolph
Street, Chicago, Illinois 60601 • (312) 814-3000 • YTY: (312) 814-3374 • Fax: (312) 814-3806
1001 East Main, Carbondale, Illinois
62901
• (658)
529-6400
• TTY:
(618) 529-6403
• Fax:
(618) 529-6416
RECF~1VF~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
MACON COUNTY, ILLINOIS
JAN 252005
PEOPLE OF
TUE
STATE OF
) .
.
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Control Board
)
Complainant,
)
vs.
~
?1J~~.
o~
BATH INCORPORATED,
)
an Illinois corporation,
)
)
Respondent.
)
NOTICE OF FILING
To:
Margaret
B.
Cuttill
Registered Agent
.
..
.
695
South Crea Street
.-—.—.---—--..-.~
~._
-
Decatur, IL 62522
PLEASE TAKE
NOTICE that
on this date I mailedfor fihii~gwith the Clerk of the Pollution Control
Boardof the State ofIllinois, a COMPLAINT, a copy of which is attached hereto andherewith served upon
you. Failure to file an answer to this Co lantwithin6 da~~~ha~ ~r&consëqueiic~es. Failure to
answer will mean that all allegations in this Complaint will.be.take~as.if admitted...for.pu~ose.sof this
proceeding. Ifyou have any questions 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
35
15/1 (2004), tocorrect 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
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:_________
1KV” James L. Morgan f2’
Assistant Attorney General
Environmental Bureau
5~QQSouth Second Street
Springfield, Illinois 62706
217/524-7506
Dated
~
2-~
2
BEFORE
TIlE
ILLINOIS POLLUTION CONTROL BOARD
AK S OFFICE
PEOPLE OF
TUE
STATE OF
)
JAN 25
2005
ILLINOIS,
.
)
Pollut~o~
STATE
OF
ControlILLINOISBo~rrj
Complainant,
)
vs.
~
BATH
INCORPORATED,
)
an Illinois corporation,
)
)
Respondent.
)
ENTRY OF APPEARANCE
On behalfofthe Complainant, PEOPLE OF THE STATE OF ILLINOIS, James L. Morgan,Assistant
Attorney General of the State of Illinois, hereby enters his 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
LitigationDivision
.
...
-
BY:~~Q ~
~1~’mes L. Morgan
0’
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/524-7506
Dated: January 20, 2005
CERTIFICATE OF SERVICE
I hereby certify that I did on January 4, 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 APPEAP~ANCEand COMPLAINT:
To:
Margaret B. Cuttill
Registered Agent
695 South Crea Street
Decatur, IL 62522
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the same
foregoing instrument(s):
To:
DorothyGunn, Clerk
----
~
_.
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
and one copy by First Class Mail with postage thereon fully prepai&ofthesame foregoing instrument(s)~
To:
The Honorable Jack W. Ahola
.
.
State’s Attorney
...
-
.
-
___~.
Macon County Courts Facility
.
..
253
East Wood Street
Decatur, Illinois 62523-1408
~
James L. Morgan
Assistant Attorney General
This filing is submitted on recycled paper.
RE
CE
~V~
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFF~
MACON COUNTY, ILLINOIS
JAN 252005
PEOPLE OF
THE
STATE OF ILLINOIS,
)
STATE OF (LLIi~~JOlS
Complainant,
)
.
Pollution Control Board
v.
)
PCBNO.QS’~
)
(Cost Recovery)
BATH INCORPORATED, an Illinois
)
corporation,
)
Respondent.
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney General
of the State of Illinois, complains of Respondent, BATH INCORPORATED, as follows:
.1.
This Complaint is brought by the Attorney General on her own motion and at the request
ofthe Illinois Environmental Protection Agency (“Illinois EPA”), p~irsuantto the terms and provisions of
Title Vifi (Sections 30-34) of the Illinois Environmental Protection Act (“Act”?, 415 ILCS 5/30-34
(2002).
. .
-
-
..
.
...
...
2.
The Illinois EPA is an agency of the State of fllinoiscreated by theIllinois General
Assembly in Section 4 of the Act, 415 ILCS
5/4
(2002), and charged
,
inter alia,
with the duty
enforcing the Act in proceedings before the Illinois Pollution Control Board (“Board”).
3.
This Complaint is brought pursuant to Section 22.2(f)-(k) of the Act, 415 ILCS
5/22.2(f)-
(k) (2002).
4.
Respondent, Bath Incorporated, is an illinois corporation in good standing and
authorized to do business in the State of Illinois. At all times relevant to this Complaint, the Respondent
has been the operator of a landfill located at 901 Walnut Street, in Decatur, Macon County, Illinois.
5
During operation of the Landfill, a variety of wastes were disposed of at the Landfill.
These wastes and other materials include hazardous substances as defined by Section 3.215 of the Act,
415 ILCS5/3.215 (2002).
1
-.-~,
6.
For a period of time prior to 2002, contaminants, including hazardous substances, present
in the wastes disposed ofat the Landfill have leached, escaped, and leaked from the Landfill into
adjacent surface waters and ground water underneath and around the Landfill and onto and into the land
surface and subsurface strata around and underneath the Landfill.
7.
Section 22.2 of the Act, 415 ILCS 5/22.2 (2002), provides that:
f.
Notwithstanding any other provision or rule of law, and subject only to the defenses set
forth in subsection (j) of this Section, the following persons shall be liable for all costs of
removal or remedial action incurred by the State of Illinois or any unit of local government as a
result of a release or substantial threat of a release of a hazardous substance or pesticide:
1.
the owner and operator ofa facility or vessel from which there is
a release or substantial threat of a release of a hazardous substance or
pesticide;
2.
any person who at the time of disposal, transport, storage or
treatment of a hazardous substance or pesticide owned or operated the
facility or vessel used for such disposal,.transport, treatmentor storage
from which there was a release or substantial threat of a release of a
hazardous substance or pesticide;
L
3.
-
any person who by contract, agreement, or otherwise arranged
for disposal or treatment, or arranged with a transporter for transport for
disposal or treatment, of such hazardous substances owned or possessed
-
-
----
—.--..-
--by...such.person,.by any otherparty or entity, at any facility, *
~‘ *,
owned
or operated by another party or entity and containing such hazardous
substances,
***
8.
On May 13, 2002, Illinois EPA sent Respondent a notice pursuant to Section 4(q) of the
Act, 415 ILCS 5/4(q) (2002) requesting that it perform identified remedial actions at the Facility.
Respondent declined.
9.
The State has incurred and will continue to incur response costs, as defined by the Act,
associated with the releases and threatened releases of hazardous substances at the Facility.
2
10.
The Respondent is a responsible party as described in Section 22.2(f)(1)-(2) of the Act,
415 ILCS 4/22.2(f)(1)-(2), and is liable for past, present, and future response costs, as defined by the Act,
incurred by the State resulting or arising out of the releases and threatened releases at the Landfill.
PRAYER
FOR
RELIEF.
-
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully request
that the Board enter an order against the Respondent,
A.
Authorizing a hearing in this matter at which time the Respondent will be required to
-
answer the allegations herein;
B.
Finding the Respondent, Bath Incorporated, to be liable for past, present, and future
removal costs, as definedby the Act, incurred by the Illinois EPA as a result of the releases and
threatened releases ofhazardous substances at the Facility;
C.
Finding Respondent, Bath Incorporated, to be liable for damages equal to three times the
past, present, and future removal costs, as defined by the Act, incurred by the Illinois EPA as a result of
the releases and threatened releases ofhazardous substances at the Facility; because of the Respondent’s
F
refusal to perform the work set forth in the Section 4(q) notice issued by Illinois EPA;
.
D.
Awarding to Complainant its costs; and
3
E.
-
Granting such other relief as the Board may deem appropriate.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois,
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:________________
THOMAS DAVIS, Chief
Of Counsel
Environmental Bureau
James L. Morgan
.
-
Assistant Attorney General
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/524-7506
Dated: January 20, 2005
4
