BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN, Attorney
General of the State of Illinois,
ACI ENVIRONMENTAL CORPORATION,
an
Illinois corporation,
and ASBESTOS
CONTROL,
INC.,
an Illinois
corporation,
Notice of Filing
PCB 05-
1
(Enforcement-Air)
Complainant,
V.
Respondents
CLERK’S OFFICE
MAR
292005
STATE OF ILLINOIS
P~II~tj~~
Control Board
TO:
See Attached Service List
PLEASE TAKE NOTICE that on March 29,
2005,
we filed with the
Illinois Pollution Control Board a Complaint,
a true and correct copy
of which is attached and hereby served upon you.
FaLlure 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.
Financing to correct the violations alleged may be available
through the Illinois Environmental Facilities Financing Act 20 ILCS
3515/1,
et
seq.
BY:
Respectfully submitted,
istopher P.
Assistant ~
Environmental Bureau
188 W. Randolph St.,
20th Floor
Chicago, Illinois
60601
(312)
814-3532
LISA
MADIGAN
Attorney General
State of Illi~
SERVICE LIST
ACI Environmental Corporation
c/o Joseph R.
Geyer,
Registered Agent
501 W. Carboy
Mt.
Prospect,
IL 60056
Asbestos Control Incorporated
do Robert Barry, Registered Agent
145 Weiler Road
Arlington Heights,
IL 60005
Peter
G.
Swan
Emalfarb,
Swan & Bain
440 Central Avenue
Highland Park,
IL 60035
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERk~So~~~
PEOPLE OF THE STATE OF ILLINOIS,
)
MAR
292~5
ex
rel..
LISA MADIGAN,
Attorney
)
STATE
OF
IL
General
of the State of Illinois,
)
PoIILtiOflControL;~3c~~cj
Complainant,
v.
)
PCB
05-
(Enforcement-Air)
ACI ENVIRONMENTAL CORPORATION,
an
Illinois corporation,
and ASBESTOS
CONTROL,
INC.,
an Illinois
)
corporation,
Respondents.
COMPLAINT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN,
Attorney General
of the State of Illinois,
complains
of Respondent,
ACI ENVIRONMENTAL
CORPORATION and Respondent ASBESTOS CONTROL,
INC.,
as follows:
COUNT I
AIR POLLUTION
1.
This Complaint
is brought by the Attorney General against
Respondent ACI ENVIRONMENTAL CORPORATION on her own motion and
ASBESTOS CONTROL,
INC.,
(collectively “Respondents”)
on her own motion
and upon the request of the Illinois Environmental Protection Agency
(Itlllinois
EPA1T),
pursuant to the terms and provisions
of Section 31
of the Illinois Environmental Protection Act
(‘TAct”),
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.
3.
Respondent ACI ENVIRONMENTAL
CORP.
is an Illinois
corporation and
is located at 501 W.
Carboy,
Mt.
Prospect,
Illinois.
Respondent ASBESTOS CONTROL,
INC.
is an Illinois corporation at 145
Weiler Road,
Arlington Heights, Cook County,
Illinois.
4.
In August 2003,
the Respondents engaged ma
renovation in
the boiler room of the Oak Meadows Golf Course country club,
located
at 900 Wood Dale ROad, Addison, DuPage County,
Illinois
(“facility”)
5.
On or about August
15,
2003,
the Illinois EPA received a
Notification of Demolition and Renovation that indicated that a
renovation was to occur at the facility starting on August 26,
2003.
The Notification indicated that the asbestos removal contractor was
ACI ENVIRONMENTAL CORPORATION.
The Notification further indicated
that regulated asbestos containing material of
80 linear feet from
pipes and 600 square feet from surface area were to be removed at the
facility.
6.
The Respondents conducted an asbestos abatement in the
boiler room of the facility in late August 2003.
7.
On August 27,
2003,
the Illinois EPA conducted an
inspection of the facility to determine compliance with the asbestos
regulations.
Respondents were actively stripping and. removing
materials at the facility at the time of the inspection.
8.
The Illinois EPA observed that the asbestos-containing
material in two bags was in dry,
friable condition.
9.
The Illinois EPA also observed that asbestos-containing
materials removed from two boilers in the facility was located on
the floor in dry,
friable condition.
.
10.
A sample of the material
in one of the bags indicated
that the material contained 20
amosite and 2
chrysotile asbestos.
2
11.
A sample of the material located on the floor, indicated
that the material was 20
amosite and 2
chrysotile asbestos.
12.
When managed as alleged above, asbestos fibers can and
will become airborne such that persons may inhale the fibers.
13.
Section 9(a)
of the Act,
415 ILCS 5/9(a)
(2002), provides
as
follows:
No person shall:
a.
Cause,
threaten or allow the discharge or emission
of any contaminant into the environment of 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;
14.
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,
stale agency,
or any other legal
entity,
or their legal representative,
agent or assigns.
15.
The Respondents each constitute a “person” as that term
is defined in Section 3.315 of the Act,
415 ILCS 5/3.315
(2002)
16.
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.
17.
Section 201.102 of the Illinois Pollution Control Board
Air pollution Regulations
(‘Board regulations”),
35 Ill. Adm. Code
201.102, provides the following definition:
“Air Pollution”:
the presence in the atmosphere
of one
3
or more air 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.
18.
Section 201.141 of the Board regulations,
35 Ill. Adm.
Code 201.141, 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,
or so as to prevent the
attainment
or maintenance of any applicable ambient air
quality standard.
19.
Asbestos is a contaminant as defined in Section 3.165 of.
the Act, 415 ILCS 5/3.165
(2002).
20.
Asbestos is
a known human carcinogen and can be injurious
to human health when inhaled.
21.
The emission of asbestos as alleged constituted air
pollution.
22.
On at least August 27,
2003 Respondents, by thei~actions
as alleged herein, violated of Section
9(a)
of the Act, 415 ILCS
5/9(a) (2002) and 35 Ill. Adm. Code 201.141.
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order for Complainant
and against Respondents with respect to this Count
I:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations alleged
herein;
2.
Finding that Respondents wilfully, knowingly and
4
repeatedly violated Section
9(a)
of the Act, 415 ILCS 5/9(a) (2002).,
and 35 Ill. Adm.
Code 201.141;
3.
Ordering Respondents to cease and desist from further
violations of Section
9(a)
of the Act, 415 ILCS
5/9(a) (2002),
35
Ill. Adm. Code 201.141;
4.
Assessing against Respondents a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act, and
regulations promulgated thereunder, with an additional penalty of
Ten Thousand Dollars
($10,000.00)
for each and every day of
violation;
5.
Ordering Respondents to pay all costs including attorney,
expert witness and consultant fees expended by the State in pursuit
of this action; and
6.
Granting such additional relief as the Board deems
appropriate and just.
COUNT II
FAILURE TO COMPLY WITH
NATIONAL EMESSIONS STANDARDS FOR
HAZARDOUS AIR POLLUTANTS
1.
-
12.
Complainant realleges and incorporates by reference
herein paragraphs
1 through 12 ofCountI
as paragraphs 1 through 12
of Count
II.
13.
Section 9.1 of the Act,
415 ILCS 5/9.1(2002),
provides,
in pertinent part,
as
follows:
(b)
The provisions of Section ill of the
federal Clean Air Act
(42’ USC 7411),
as
amended, relating to standards of
performance for new stationary sources,
5
and Section 112 of the federal Clean Air
Act
(42 USC 7412),
as amended, relating to
the establishment of national emission
standards for hazardous air pollutants are
applicable
in this State and are
enforceable. under this Act.
*
*
*
(d)
No person shall:
(1)
violate any provisions of Sections 111,
112,
165 or 173 of the Clean Air Act,
as now or
hereafter amended, or the federal regulations
adopted pursuant thereto;
14.
Subpart M of Part
61,
Title 40 of the Code of Federal
Regulations
(“C.F.R.”)
was adopted pursuant to the Section 112 of the
Clean Air Act as part of the National Emissions Standards for
Hazardous Air Pollutants
(“NESHAP”).
Subpart M contains the National
Emission Standard for Asbestos and is enforceable in the State of
Illinois pursuant to ,Section 9.1 of the Act, 415 ILCSS/9.l
(2002).
15.
40 C.F.R.
§
61.141
(2002) provides the following pertinent
definitions:
Asbestos
means the asbestiform varieties of serpentinite
(chry~otile)
,
reibeckite
(crocidolite),
cummingtonitegrunerite, anthophyllite, and actinolite-
tremolite.
Asbestos-containing waste materials
means mill tailings
or any waste that contains commercial asbestos and is
generated by a source subject to the provisions
of this
subpart.
This term includes filters from control
devices., friable asbestos waste material, and bags or
other similar packaging contaminated with commercial
asbestos.
As applied to demolition and renovation
operations,
this term also includes regulated asbestos-
constraining material waste and materials
Category I nonfriable asbestos containing material
(ACM)
means asbestos-containing packings,
gaskets,
resilient
floor covering, and asphalt roofing products continuing
6
more than 1 percent asbestos as determined using the
method specified in appendix.E, subpart
E,
40 CFR 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.
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 part
763,
section
1, Polarized Light Microscopy,
that,
when
dry,
can be crumbled, pulverized, or reduced to powder by
hand pressure
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 demolition or renovation operation,
or
both.
Regulated asbestos containing material
(RACM.) means
(a)
Friable asbestos containing 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.
Renovation
means altering a facility or one or more
facility components in any way,
including stripping or
removal of RACM from a facility component.
‘
Operations
in
which load-supporting structural members are wrecked or
taken out are demolitions.
16.
Respondents engaged in a renovation of the facility as
defined in 40 C.F.R.
§
61.141
(2002)
17.
Respondents were operators of
a renovation activity as
defined in 40 C.F.R.
§
61.141
(2002)
7
18.
The material disturbed during the renovation contained
more than
1 per cent asbestos.
19.
The material disturbed. in the course of the renovation
constituted RACM as defined in 40 C.F.R.
§
61.141
(2002)
20.
The RACM removed during the renovation,
as well as
materials contaminated with asbestos through contact with PACM,
constituted asbestos-containing waste materials
(“ACWM”)
as defined
in
40 C.F.R.
§
61.141
(2002).
21.
40 C.F.R.
§
61.145
(2002) provides 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 RACM as follows:
*
*
*
(4)
In a facility being renovated,
including any
‘individual nonscheduled renovation operation,
all the requirements of paragraphs
(b) and
(c)
of this section apply if the combined amount of
RACM to be stripped, removed,
dislodged,
cut,
drilled,
or similarly disturbed is
(i)
At least
80 linear meters
(260 linear
feet)
on pipes or a least 15 square meters
(160 square feet)
on other facility
components,
or
(ii)
At least
1 cubic meter
(35 cubic feet)
off
facility components where the length or
area could not be measure previously.
*
*
*
8
(c)
Procedures for asbestos emission control.
Each
owner or operator of
a demolition activity to whom
this paragraph applies, according to paragraph
(a)
of this section, shall comply with the following
procedures:
*
*
*.
(3)
When RACM is stripped form a facility component
while it remains
in’ place in the facility,
adequately wet the
RACM
during the stripping
operation.
*
*
*
(6)
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; and
(ii)
.
Carefully lower the material to the ground
and floor, not dropping,
throwing,
sliding, or otherwise damaging or
disturbing the material.
*
*
*
22.
The amount of RACM disturbed,
dislodged or removed during
the renovation exceeded 150 square feet,
260 linear feet or 35 cubic
feet.
23.
The Respondents failed to ensure that the RACM was wet
during its removal,
in violation of 40 C.F.R.
§
61.145(c) (3)
(2003)
24.
The Respondents failed to ensure that the RACM remained
wet until collected and contained for disposal,
in violation of 40
C.F.R.
§
61.145(c) (6)
(2003).
25.
Each violation of the provisions of Part
61,
Subpart
M,
of Title 40 of the C.F.R.
cited above constitutes a violation of
9
Section 9.1(d)
of the Act,
415 ILCS 5/9.1(d) (2002)
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order for Complainant
and against Respondents with respect to this Count
II:
1.
Authorizing a hearing in this matter at which time the
Respondents will be required to answer the allegations alleged
herein;
2.
Finding that Respondents wilfully, knowingly and
repeatedly violated Section 9.1(d)
of the Act and 40 C.F.R.
§
61.145(c) (3)
&
(6) (2002);
3.
Ordering Respondents to cease and desist from further
violations of Section 9.1(d)
of the Act.and 40 C.F.R.
§
61.145(c) (3)
&
(6) (2002)
4.
Assessing against Respondents a civil penalty of Fifty
Thousand Dollars
($50,000.00)
for each violation of the Act, and
regulations promulgated thereunder, with an additional penalty of
Ten Thousand Dollars
($10,000.00)
for each and every day of
violation;
5.
Ordering Respondents to pay all costs including attorney,
expert witness and consultant fees expended by ‘the State in pursuit
of this action; and
6.
Granting such additional relief as the Board deems
appropriate and just.
.
10
.
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN
Attorney General
State of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental Enforcement/Asbestos
Litigation Division
By_______
Environmental Bureau
Assistant Attorney General
OF COUNSEL:
CHRISTOPHER P.
PERZAN
Assistant Attorney General
Environmental Bureau
188 West,Randolph Street,
20th Floor
Chicago,
IL 60601
(312)
814-3532
11
CERTIFICATE OF SERVICE
I,
CHRISTOPHER P.
PERZAN,
an Assistant Attorney General,
certify
that on the 29th day of March, 2005
I caused to be served by
Registered Certified Mail,
Return Receipt Requested,
the foregoing
Complaint to the 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.
RISTOP ~ERP~
RZAN
\Forms\BdCmpfltflOtiCe
wpd
