BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

RECEIVED

CLERK’S OFFICE

PEOPLE OF THE STATE OF ILLINOIS,

by LISA MADIGAN, Attorney

)

FEB 092005

General of the State of

Illinois,

STATEOFILLINOIS

Complainant,

)

Pollution

Control Board

v.

)

PCB

05-

(Enforcement

-

Air)

TRUSERV CORPORATION,

a Delaware

corporation,

d/b/a TRUE VALUE

MANUFACTURING COMPANY,

Respondent.

NOTICE

OF FILING

TO:

See Attached Service List

PLEASE TAKE NOTICE that on February

9,

2005,

the People of

the State of Illinois filed with the Illinois Pollution Control

Board a Complaint,

true and correct copies of which are attached

and hereby 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 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,

LISA MADIGAN

Attorney General

State of Illinois

~

~

~

BY:

~2

JOEL J. STERNSTEIN

Assistant

Attorney

General

Environmental

Bureau

188 W. Randolph St.,

20th Floor

Chicago,

Illinois

60601

(312)

814-6986

THIS FILING

IS SUBMITTED ON RECYCLED PAPER

---

SERVICE LIST

Ms. Maureen Wozniak,

Esq.

Illinois Environmental Protection Agency

1021

North

Grand

Avenue

East

P.O. Box 19276

Springfield,

IL

62794-9276

Ms. Mary Gade and Ms. Cindy Faur

Sonnenschein Nath & Rosenthal

8000 Sears Tower

233

5.

Wacker Drive

Chicago,

IL 60606

---

RECE

WED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S OFFICE

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

)

FEB

092005

by LISA

MADIGAN,

Attorney

STATEOF ILLINOIS

General

of

the

State

of Illinois,

Pollution

Control Board

Complainant,

v.

)

PCB 05-

(Enforcement

-

Air)

TRUSERV

CORPORATION,

a

Delaware

corporation,

d/b/a TRUE VALUE

MANUFACTURING

COMPANY,

Respondent.

COMPLAINT FOR CIVIL PENALTIES

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

by

LISA

MADIGAN,

Attorney

General

of

the

State

of

Illinois,

complains

of

Respondent

TRUSERV

CORPORATION

as

follows:

FAILURE TO COVER MIXING AND THINNING TANKS

1.

This Complaint

is brought on behalf of the People

(“Complainant”)

by the Attorney General on her own motion and

upon the request of the Illinois Environmental Protection Agency

(“Illinois EPA”)

pursuant to the terms and provisions

of Section

31

of

the

Illinois

Environmental

Protection

Act

(“Act”)

,

415 ILCS

5/31(2002)

2.

The Illinois EPA

is

an

administrative

agency

of

the

State

of

Illinois,

created

pursuant

to

Section

4

of

the

Act,

415

ILCS 5/4

(2002),

and charged,

inter alia,

with the duty of

enforcing

the

Act.’

1

---

3.

At

all

times

relevant

to

this

Complaint,

TRUSERV

CORPORATION

(“Respondent”)

was

and

is

an

Delaware

corporation

registeredto

do

business

in

Illinois.

4.

At all times relevant to this Complaint,

Respondent has

operated a facility under the assumed name of True Value

Manufacturing Company located at 823 West Blackhawk,

Chicago,

Cook County,

Illinois,

60618

(“facility”)

5.

Respondent operates a paint manufacturing operation at

the

facility.

6.

Emission sources at the facility include storage tanks,

mixing tanks, holding tanks, grinding mills, and thinning

operatiOns.

7.

The facility emits volatile organic material

(“VOM”)

from the emission sources at its facility.

8.

At all times relevant to the Complaint,

Respondent’s

facility

has

been

subject

to

Federally

Enforceable

State

Operating Permit

(FESOP)

No.

95020117 issued by Illinois EPA.

FESOP No. 95020117 was issued February 1,

2001 and expires on

February 1,

2006.

9.

Section 3.315

of the Act, 415 ILCS 5/3.315

(2002),

provides the following definition:

“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

2

---

or assigns.

10.

Respondent

is

a “person” as the term is defined in

Section 3.315 of the Act, 415 ILCS 5/3.315

(2002)

11.

Section

3.165

of

the

Act,

415

ILCS

5/3.165

(2002),

provides the following definition:

“Contaminant” is any solid,

liquid, or

gaseous matter, any odor,

or any form of

energy, from whatever source.

12.

VOM is a contaminant,

as that term is defined in

Section 3.165 of the Act,

415 ILCS 5/3.165

(2002)

13.

Section 3.115 of the Act,

415 ILCS 5/3.115

(2002),

provides the following definition:

“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.

14.

Section 9(a)

of the Act,

415 ILCS 5/9(a) (2002),

provides as

follows:

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,

so

as to violate regulations or standards

adopted by the Board under this Act;

15.

Section 9(b) of the Act,

415 ILCS 5/9(b)

(2002),

3

---

provides as follows:

No person shall:

*

*

*

Construct,

install,

or operate any equipment,

facility, vehicle, vessel, or aircraft capable of

causing or contributing to air pollution or

designed to prevent air pollution of any

type

designated by Board regulations, without a permit

granted by the Agency, or in violation of any

conditions imposed by such permit.

16.

Part 218 of the Illinois. Pollution Control Board

(“Board”)

Air

Pollution

Regulations

regulates

the

emission

of

organics,

including VOM,

from facilities in the Chicago area.

Subpart

A-A of Part 218

(35 Ill. Adm.

Code 218.600

et seq.)

applies

specifically

to

paint

and

ink

manufacturers.

17.

Section

218.624

of

Board

Air

Pollution

Regulations,

35

Ill. Adm. Code 218.624, provides as follows:

No person shall operate an open-top

mill,

tank, vat or vessel with a volume of

more than 45

1

(12 gal). for the production of

paint or ink unless:

(a)

The mill,

tank, vat or vessel is

equipped with a cover which completely

covers the mill,

tank,

vat or vessel

opening except for an opening no larger

than necessary to allow for safe

clearance for a mixer shaft.

Suàh cover

shall extend at least 1.27 cm

(0.5

in)

beyond the outer rim of the opening or

be attached to the rim.

(b)

The cover remains closed except when

production,

sampling,

maintenance

or

inspection procedures require access.

(c)

The cover is maintained in good

4

---

condition such that, when in place,

it

maintains contact with the rim of the

opening for at least

90 percent of the

circumference of the rim.

18.

Section 9 of Respondent’s FESOP provides as follows:

No person shall operate an open-top

mill,

tank,

vat or vessel with a volume of

more than 45

1

(12 gal)

for the production of

paint or ink unless:

(a)

The mill,

tank, vat or vessel

is

equipped with a cover which completely

covers the mill,

tank,

vat or vessel

opening except for an opening no larger

than necessary to allow for safe

clearance for a mixer shaft.

Such cover

shall extend at least 1.27 cm

(0.5

in)

beyond the outer rim of the opening or

be attached to the rim.

(b)

The cover remains closed except when

production,

sampling, maintenance or

inspection procedures require access.

(c)

The cover is maintained in good

condition such that, when in place,

it

maintains contact with the rim of the

opening for at least

90 percent of the

circumference of the rim.

19.

On July 22,

2003 and on other dates better known to

Respondent,

several paint storage tanks at the facility, with

volumes of at least 45 liters

(12 gallons), had bent lids,

open

lids,

or

missing

lids

which

did

not

completely

cover

the

paint

storage tanks.

20.

On July 22,

2003 and on other dates better known to

Respondent,

several

paint

thinning

vessels

at

the

facility

had

bent lids and were not making contact with 90 percent of the rim

5

---

of the vessel.

21.

Respondent,

by its conduct alleged herein,

caused

excess emissions of VOM into the environment.

22.

Respondent,

Section 218.624 of the Board Air Pollution Regulations,

35

Ill.

Adm. Code 218.624,

and.thereby violated Section 9(a)

of the Act,

415

ILCS

5/9(a)

(2002)

23.

Respondent, by its conduct alleged herein, violated

Section

9

of

Respondent’s

FESOP,

and

thereby

violated

Section

9(b)

of the Act,

415 ILCS 5/9(b) (2002).

WHEREFORE,

Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter a judgment in favor of

Complainant and against Respondent,

TRUSERV CORPORATION,

on Count

I:

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 218.624 of

the Board Air Pollution Regulations,

35

Ill. Adm. Code 218.624,

Section 9(a)

of the Act, 415 ILCS 5/9(a) (2002),

Section

9 of

Respondent’s FESOP,

and Section 9(b)

of the Act, 415 ILCS

5/9(b) (2002);

3.

Ordering Respondent to cease and desist from further

violations of Section 218.624 of the Board Air Pollution

Regulations,

35 Ill.

Adm. Code 218.624, Section 9(a)

of the Act,

6

---

415

ILCS. 5/9(a) (2002), Section

9 of Respondent’s FESOP,

and

Section 9(b)

of the Act, 415 ILCS 5/9(b) (2002)

4.

Assessing against Respondent a civil penalty of Fifty

Thousand Dollars

($50,000.00)

for each violation of the Act,

violation of pertinent Board Air Pollution Regulations, and

violation of FESOP conditions,

and an additional civil penalty of

Ten Thousand Dollars

($10,000.00)

for each day of violation;

5.

Taxing all costs

in this action pursuant to Section

42(f)

of the Act, including attorney, expert witness and

consultant

fees,

against

Respondent;

and

6.

Granting such other relief as the Board deems

appropriate

and

just.

FAILURE TO COVER GRINDING MILLS

1

-

17.

Complainant realleges and incorporates by reference

herein paragraphs

1 through 16 and paragraph 21 of Count

I as

paragraphs

1 through 17 of this Count II.

18.

Section 218.625(a)

and

(b)

of the Board’s Air Pollution

Regulations,

35

Ill.

Adm.

Code

218.625(a)

and

(b),

provides

as

follows:

a)

No

person

shall

operate

a

grinding

mill

for the production of paint or ink which

is not maintained in accordance with the

manufacturer’

s

specifications.

b)

No person shall operate a grinding mill

fabricated or modified after the

effective date of this Subpart which is

7

---

not

equipped

with

fully

enclosed

screens.

19.

Sections

10(a)

and

(b)

of Respondent’s FESOP provide as

follows:

a)

No

person

shalloperate

a

grinding

mill

for

the

production

of

paint

or

ink

which

is not maintained in accordance with the

manufacturer’ s specifications.

b)

No person shall operate a grinding mill

fabricated or modified after the

effective

date

of

this

Subpart

which

is

not

equipped

with

fully

enclosed

screens.

20.

On

July

22,

2003

and

on

other

dates

better

knOwn

to

Respondent,

several

of

the

paint

grinding

mills

at

the

facility

had

missing

or

damaged

screens.

The

screens

were

not

maintained

in accordance with the manufacturer’s specifications.

21.

Respondent, by its conduct alleged herein, violated

Section 218.625(a)

and

(b)

of the Board Air Pollution

Regulations,

35 Ill.

Adrn. Code 218.625(a)

and

(b),

and thereby

violated

Section

9(a)

of

the

Act,

415

ILCS

5/9(a)

(2002).

22.

Respondent, by its conduct alleged herein,

violated

Sections 10(a)

and 10(b)

of Respondent’s FESOP,

and thereby

violated

Section

9(b)

of

the

Act,

415

ILCS

5/9(b)

(2002).

WHEREFORE,

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

respectfully

requests

that

the

Board

enter

a

judgment

in

favor

of

Complainant

and

against

Respondent,

TRUSERV

CORPORATION,

on

Count

II:

8

---

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 218.625 (a)

and

(b)

of the Board Air Pollution Regulations,

35

Ill. Adm. Code

218.625(a)

and

(b),

Section 9(a)

of the Act, 415 ILCS

5/9(a) (2002),

Sections 10(a)

and 10(b)

of Respondent’s FESOP,

and

Section 9(b)

of the Act, 415 ILCS 5/9(b) (2002)

3.

Ordering

Respondent

to

cease

and

desist

from

further

violations of Section 218.625(a)

and

(b)

of the Board Air

Pollution Regulations,

35

Ill. Adm.

Code 218.625(a)

and

(b),

Section

9(a)

of

the

Act,

415

ILCS

5/9(a)

(2002),

Sections

10(a)

and

10(b)

of

Respondent’s

FESOP,

and

Section

9(b)

of

the

Act,

415

ILCS

5/9(b)

(2002);

4.

Assessing against Respondent a civil penalty of Fifty

Thousand

Dollars

($50,000.00)

for

each

violation

of

the

Act,

violation of pertinent Board Air Pollution Regulations, and

violation of FESOP conditions,

and an additional

civil penalty of

Ten

Thousand

Dollars

($10,000.00)

for

each

day

of

violation;

5.

Taxing

all

costs

in

this

action

pursuant

to

Section

42(f) of the Act,

including attorney,

expert witness and

consultant fees,

against Respondent; and

6.

Granting

such

other

relief

as

the

Board

deems

appropriate

and

just.

9

---

COUNT III

FAILURE TO MAINTAIN RECORDS ABOUT LEAKS AND

FAILURE TO REPAIR LEAKS WITHIN 15 DAYS

1

-

17.

Complainant

realleges

and

incorporates

by

reference

herein paragraphs

1 through

16

and

paragraph

21

of

Count

I

as

paragraphs

1

through

17

of

this

Count

III.

18.

Section

218.628

of

the

Board’s

Air

Pollution

Regulations,

35

Ill.

Adm.

Code

218.628,

provides

as

follows:

The

owner

or

operator

of

a

paint

or

ink

manufacturing source shall,

for the purpose

of detecting leaks,

conduct an equipment

monitoring

program

as

set

forth

below:

a)

Each

pump

shall

be

checked

by

visual

inspection

each

calendar

week

for

indications of leaks,

that is,

liquids

dripping from the pump seal.

If there

indications of liquids dripping from the

pump seal,

the pump shall be repaired as

soon as practicable,

but no later than

15

calendar

days

after

the

leak

is

detected.

b)

Any

pump,

valve,

pressure

relief

valve,

sampling

connection,

open-ended

valve

and

flange

or

connector containing a

fluid

which

is

at

least

10

percent

VOM

by

weight

which

appears

to

be

leaking

on

the

basis

of

sight,

smell

or

sound

shall

be

repaired

as

soon

as

practicable,

but

no

later

than

15

calendar

days

after

the

leak

is

detected.

c)

A weather

proof,

readily

visible

tag,

in

bright

colors

such

as

red

or

yellow,

bearing

an

identification

number

and

the

date

on

which

the

leak

was

detected

shall

be

attached

to

leaking

equipment.

The

tag

may

be

removed

upon

repair,

that

is,

when

the

equipment

is

adjusted

or

otherwise altered to allow operation

10

---

without

leaking.

d)

When

a

leak

is

detected,

the

owner

or

operator

shall

record

the

date

of

detection

and

repair

and

the

record

shall

be

retained

at

the

source

for

at

least two years from the date

of

each

detection or each repair attempt.

The

record shall be made available to any

person

upon

verbal

or

written

request

during

business

hours.

19.

Section

12

of

Respondent’s

FESOP

provides

as

follows:

The

owner

or

operator

of

a

paint

or

ink

manufacturing source shall,

for the purpose

of

detecting

leaks,

conduct

an

equipment

monitoring

program

as

set

forth

below:

a)

Each

pump

shall

be

checked

by

visual

inspection each calendar week for

indications of leaks,

that is,

liquids

dripping

from

the

pump

seal.

If

there

indications

of

liquids

dripping

from

the

pump

seal,

the

pump

shall

be

repaired

as

soon

as

practicable,

but

no

later

than

15

calendar

days

after

the

leak

is

detected.

b)

Any

pump,

valve,

pressure

relief

valve,

sampling connection, open-ended valve

and flange or connector containing a

fluid

which

is

at

least

10

percent

VOM

by

weight

which

appears

to

be

leaking

on

the

basis

of

sight,

smell

or

sound

shall

be

repaired

as

soon

as

practicable,

but

no

later

than

15

calendar

days

after

the

leak

is

detected.

c)

A weather proof, readily visible tag,

in

bright

colors

such

as

red or yellow,

bearing

an

identification

number

and

the

date

on

which

the

leak

was

detected

shall

be

attached

to

leaking

equipment.

The

tag

may

be

removed

upon

repair,

that

is,

when

the

equipment

is

adjusted

or

otherwise

altered

to

allow

operation

without

leaking.

11

---

d)

When

a leak is detected,

the owner or

operator shall record the date of

detection and repair and the record

shall be retained at the source for at

least two years from the date of each

detection or each repair attempt.

The

record.shall be made available to any

person upon verbal or written request

during business hours.

20.

On July 22,

2003 and on other dates better known to

Respondent,

records indicating the date of detection and repair

of leaks at the facility were not retained at Respondent’s

facility and thus not made available for inspection upon request.

21.

Records that Respondent provided to Illinois EPA after

July 22,

2003 indicating the date of detection and repair of

leaks at the facility failed to show that all of the leaks had

been repaired within 15 days of detection.

22.

Respondent, by its conduct alleged herein, violated

Section 218.628 of the Board Air Pollution Regulations,

35 Ill.

Adm. Code 218.628,

and thereby violated Section 9(a)

of the Act,

415

ItCS

5/9

(a)

(2002)

23.

Respondent, by its conduct alleged herein, violated

Section

12

of

Respondent’s

FESOP,

and

thereby

violated

Section

9(b)

of

the

Act,

415

ILCS

5/9(b)

(2002).

WHEREFORE,

Complainant,

PEOPLE OF THE STATE OF ILLINOIS,

respectfully

requests

that

the

Board

enter

a

judgment

in

favor

of

Complainant

and

against

Respondent,

TRUSERV

CORPORATION, on Count

III:

12

---

1.

Authorizing

ahearing

in

this

matter

at

which

time

Respondent

will

be

required

to

answer

the

allegations

herein;

2.

Finding

that

Respondent

has

violated

Section

218.628

of

the

Board

Air

Pollution

Regulations,

35

Ill.

Adm.

Code

218.628,

Section

9(a)

of

the

Act,

415

ILCS

5/9(a)

(2002),

Section

12

of

Respondent’s

FESOP,

and

Section

9(b)

of

the

Act,

415

ILCS

5/9(b)

(2002)

3.

Ordering Respondent to cease and desist from further

violations of Section 218.628

of the Board Air Pollution

Regulations,

35

Ill. Adm. Code 218.628, Section 9(a)

of the Act,

415

ILCS

5/9(a)

(2002),

Section

12

of

Respondent’s

FESOP,

and

Section

9(b)

of

the

Act,

415

ILCS

5/9(b)

(2002);

4.

Assessing

against

Respondent

a

civil

penalty

of

Fifty

Thousand

Dollars

($50,000.00)

for

each

violation

of

the

Act,

violation

of

pertinent

Board

Air

Pollution

Regulations,

and

violation

of

FESOP

conditions,

and

an

additional

civil

penalty

of

Ten

Thousand

Dollars~

($10,000.00)

for

each

day

of

violation;

5.

Taxing

all

costs

in

this

action

pursuant

to

Section

42(f)

of the Act, including attorney,

expert witness and

consultant

fees,

against

Respondent;

and

6.

Granting such other relief as the Board deems

appropriate

and

just.

13

---

COUNT

IV

FAILURE TO PROPERLY COVER OR ENCLOSE EQUIPMENT

DURING

CLEANING

1

-

17.

Complainant realleges

and incorporates by reference

herein paragraphs

1 through 16 and paragraph 21 of Count

I as

paragraphs

1

through

17

of

this

Count

IV.

18.

Section

218.630(a)

of

the

Board’s

Air

Pollution

Regulations,

35

Ill.

Adm.

Code

218.630(a),

provides

as

follows:

(a)

No

person

shall

clean

paint

or

ink

manufacturing equipment with organic

solvent unless the equipment being

cleaned is completely covered or

enclosed except for an opening no larger

than

necessary

to

allow

safe

clearance

for

proper

orientation

of

the

cleaning

equipment,

considering the method and

materials

used.

19.

Section 13(a)

of Respondent’s FESOP provides as

follows:

(a)

No person shall clean paint or ink

manufacturing equipment with organic

solvent unless the equipment being

cleaned is completely covered or

enclosed except for an opening no larger

than necessary to allow safe clearance

for proper orientation of the cleaning

equipment,

considering the method and

materials used.

20.

On July 22,

2003 and on other dates better known to

Respondent,

Respondent’s employees were cleaning mixing tanks at

the

facility

with

organic

solvent

but

failed

to

cover

or

enclose

the

mixing

tanks

21.

Respondent, by its conduct alleged herein,

14

---

Section 218.630(a)

of the Board Air Pollution Regulations,

35

Ill.

Adm.

Code

218.630(a),

and

thereby

violated

Section

9(a)

of

the

Act,

415

ILCS

5/9(a)

(2002)

22.

Respondent,

by

its

conduct

alleged

herein,

violated

Section

13(a)

of

Respondent’s

FESOP,

and

thereby

violated

Section

9(b)

of

the

Act,

415

ILCS

5/9(b)

(2002).

WHEREFORE,

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

respectfully requests that the Board enter a judgment in favor of

Complainant

and

against

Respondent,

TRUSERV

CORPORATION,

on

Count

IV:

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

218.630(a)

of the Board Air Pollution Regulations,

35 Ill.

Adm.

Code

218.630(a),

Section 9(a)

of the Act, 415 ILCS 5/9(a) (2002),

Section 13(a)

of Respondent’s FESOP, and Section 9(b)

of the Act,

415

ILCS

5/9(b)

(2002)

;

3.

Ordering

Respondent

to

cease

and

desist

from

further

violations of Section 218.630(a)

of the Board Air Pollution

Regulations,

35

Ill. Adm. Code 218.630(a),

Section 9(a)

of the

Act, 415 ILCS 5/9(a) (2002),

Section 13(a)

of Respondent’s FESOP,

and

Section

9(b)

of

the

Act,

415

ILCS

5/9(b)

(2002);

4.

Assessing

against

Respondent

a

civil

penalty

of

Fifty

Thousand

Dollars

($50,000.00)

for

each

violation

of

the

Act,

15

---

violation

of

pertinent

Board

Air

Pollution

Regulations,

and

violation

of

FESOP

conditions,

and

an

additional

civil

penalty

of

Ten

Thousand

Dollars

($10,000.00)

for

each

day

of

violation;

5.

Taxing all costs

in this action pursuant

to Section

42(f)

of

the

Act,

including

attorney,

expert

witness

and

consultant

fees,

against

Respondent;

and

6.

Granting

such

other

relief

as

the

Board

deems

appropriate

and

just.

COUNT

V

FAILURE TO SUBMIT ACCURATE

ANNUAL

EMISSIONS

REPORT

1.

-

15.

Complainant

realleges

and

incorporates

by

reference

herein

paragraphs

1

through

14

and

paragraph

21

of

Count

I

as

paragraphs

1

through

15

of

this

Count

V.

16.

Section

201.102

of

the

Board

Air

Pollution

Regulations,

35

Ill.

Adm.

Code

201.102,

provides

the

following

definition:

“Emission Source”:

any equipment or facility

of a type capable of emitting specified air

contaminants to the atmosphere.

17.

The

storage

tanks,

mixing

tanks,

holding

tanks,

grinding

mills,

and

thinning

operations

are

all

emissions

sources

(or

emissions

units)

as

that

term

is

defined

in

the

Board

Air

Pollution

Regulations.

18.

Section

201.302(a)

of

the

Board

Air

Pollution

RegulatiOns,

35

Ill.

Adm.

Code

201.302(a),

provides

as

follows:

The

owner

or

operator

of

any

emission

unit

or

air

pollution

control

equipment,

unless

16

---

specifically

exempted

in

this

Section,

shall

submit

to

the

Agency

as

a

minimum,

annual

reports detailing the nature,

specific

emission units and total quantities of all

specified air contaminant emissions;

provided,

however,

that the Agency may

require more frequent reports where necessary

to accomplish the purposes of the Act and

this Chapter.

19.

The Respondent’s emissions sources are not exempt from

the requirement to file Annual Emissions Reports per Section

201.302(a)

of the Board Air Pollution Regulations,

35

Ill. Adm.

Code 201.302(a).

20.

Section 254.132(a)

of the Illinois EPA’s Air Pollution

Regulations,

35

Ill. Adm. Code 254.132 (a), provides

as follows:

Failure to file a complete Annual Emissions

Report by the applicable deadlines described

in Subparts

B,

C, and D of this Part shall be

a violation of 35

Ill. Adm.

Code 201.302(a).

21.

Pursuant to Section 254.302

of the Illinois EPA’s Air

Pollution Regulations,

35

Ill. Adm. Code 254.302,

the deadline to

submit Annual’Emissions Reports

(“AER5”)

for VOM sources in the

Chicago Ozone N’onattainment Area is May 1 of the subsequent year.

22.

As of the date of the filing of this complaint,

Respondent has failed to file a complete and accurate AER for at

least calendar year 2002.

23.

The AER that Respondent submitted to Illinois EPA for

calendar year 2002 failed to accurately reflect Respondent’s VOM

emissions from its facility.

24.

Respondent,

by its conduct alleged herein, violated

17

---

Section

201.302(a)

of

the

Board

Air

Pollution

Regulations,

35

Ill.

Adm.

Code

201.302(a),

and

thereby

violated

Section

9(a)

of

the

Act,

415

ILCS

5/9(a)

(2002)

WHEREFORE,

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

respectfully

requests

that

the

Board

enter

a

judgment

in

favor

of

Complainant

and

against

Respondent,

TRUSERV

CORPORATION,

on

Count

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 201.302 (a)

of

the

Board

Air

Pollution

Regulations,

35

Ill.

Adm.

Code

201.302(a),

and Section 9(a)

of the Act, 415 ILCS 5/9(a) (2002);

3.

Ordering

Respondent

to

cease

and

desist

from

further

violations

of

Section

201.302(a)

of

the

Board

Air

Pollution

RegulatiOns,

35

Ill. Adm.

Code 201.302(a), and Section 9(a)

the Act,

415 ILCS 5/9(a) (2002);

4.

Assessing

against

Respondent

a

civil

penalty

of

Fifty

Thousand

Dollars

($50,000.00)

for

each

violation

of

the

Act

and

violation of pertinent Board Air Pollution Regulations, and an

additional

civil

penalty

of

Ten

Thousand

Dollars

($10,000.00)

for

each day of violation;

5.

Taxing

all

costs

in

this

action

pursuant

to

Section

42(f)

of the Act,

including attorney,

expert witness and

consultant

fees,

against

Respondent;

and

18

---

6.

Granting

such

other

relief

as

the

Board

deems

appropriate

and

just

PEOPLE OF THE STATE OF ILLINOIS,

ex rel.

LISA

MADIGAN,

Attorney

General

of

the

State

of

Illinois

MATTHEW

J.

DUNN,

Chief

Environmental Enforcément/

Asbestos Litigation Division

By:~~~A

RO 5:

Of Counsel:

JOEL

J.

STERNSTEIN

Assistant

Attorney

General

Environmental

Bureau

188

W.

Randolph

St.,

~

Floor

Chicago,

Illinois

60601

(312)

814-6986

G\Eriviroilnlerltal EnforCement\~OEL\CaseDocumeritsVrrue Value\Complaint

-

final.wpd

Environmental Bureau

Assistant

Attorney

General

19

---

CERTIFICATE OF SERVICE

I,

JOEL

J.

STERNSTEIN,

an

Assistant

Attorney

General,

certify that on the 9~Day of February 2005,

I caused to be

Class Mail

(Illinois EPA Counsel)

parties named on the attached service

list,

by depositing same in

postage prepaid envelopes with the United

States

Postal

Service

located at

100 West Randolph Street,

Chicago, Illinois 60601.

—“9

(1

~

JOEL

J.

STERNSTEIN