STATE OFILLINOIS

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

 APR 1142005

PEOPLE OF THE STATE OF ILLINOIS,

STATE OF ILLINOIS

Complainant,

)

~~llUtiOfl

Control Board

No.

PATTISON

ASSOCIATES

LLC,

)

(Enforcement

Air)

Illinois

limited

liability

company,

and 5701 SOUTH

CALUMET LLC,

an

Illinois limited liability company,

Respondents.

To: See Attached Service List.

NOTICE OF FILING

PLEASE TAKE NOTICE that we have today, April

4,

 2005 filed with

the Office of the Clerk of the Illinois Pollution Control Board an

original and nine copies of our Complaint,

 a copy of which is attached

herewith and 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.

NOTIFICATION

YOU ARE HEREBY NOTIFIED that financing may be available through

the Illinois Environmental facilities financing act

20

 ILCS 3515/1 et

seq.

 to correct the alleged pollution.

Respectfully

submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA

MADIGAN

•

 Attorney General of the

State of Illinois

•

BY:

 ~JL~

PAULA BECKER WHEELER

Assistant Attorney General

Environmental Bureau

188 W. Randolph St.,

 20th

 Flr.

Chicago,

 IL 60601

(312)

 814-1511

THIS DOCUMENT

 PRINTED ON RECYCLED PAPER

SERVICE LIST

Mr.

John

Joyce

Registered

Agent

for

5701

South

Calumet

LLC

and

Pattison

Associates

LLC

55

West

Monroe

Suite 500

Chicago,

 IL 60603

Mr.

Neal

Weinfield

Bell

Boyd

Lloyd

Three

1St

 National

Plaza

33~ Floor

Chicago,

Il.

60602

COMPLAINT

Complainant,

People

the

State

Illinois,

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”)

 complains of Respondent,

PATTISON

ASSOCIATES

 LLC,

 an IllInois limited liability company,

and

 ex rel.

LISA

MADIGAN,

Attorney

General

the

State

Illinois,

her

own

motion,

complains

Respondent,

5701

SOUTH

CALUMET

LLC,

Illinois

limited

liability

company,

follows:

COUNT

I

AIR POLLUTION

1.

 This Count is brought against Respondent,

 PATTISON

ASSOCIATES LLC

 (“Pattison”), an Illinois limited liability

company, on behalf of the PEOPLE OF THE STATE OF ILLINOIS, by

LISA

MAJIGAN,

 Attorney General

 of the State of Illinois,

 on her

own motion and at the request of the Illinois EPA pursuant to

BEFORE THE ILLINOIS POLLUTION CONTROL BOARDREC~VED

•

 CLERK’S OFFICE

PEOPLE

 O•F THE STATE

OF

ILLINOIS,

)

•

 APR 042005

STATE OFILLINOIS

Complainant,

)

POIj~tj~n

Contro’ Boarc~

-VS-

)

PATTISON

ASSOCIATES

 LLC,

an

)

 (Enforcement

 Air)

Illinois

limited

liability

company,)

and 5701 SOUTH CALUMET LLC,

an

Illinois limited liability company,)

Respondents.

Section 31 of the Illinois Environmental Protection Act, 415 ILCS

5/31

(2002)

(“Act”).

2.

 This Count

 is brought against Respondent,

 5701 SOUTH

CALUMETLLC

 (“5701 Ca~umet”), an Illinois limited liability

company,

 on behalf of the PEOPLE OF THE STATE OF ILLINOIS,

by

LISA

MADIGAN,

 Attorney General

 of the State of Illinois, on her

own motion, pursuant to Section 42(d)

 of the Act,

 415 ILCS

5/42

(d)

(2002)

3.

 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.

4.

 At all times relevant to this Complaint,

 Respondent,

Pattison, was and is an Illinois limited liability company in

good standing.

 Pattison was and is also the contractor hired to

conduct renovation activities in the 18-unit apartment complex

located at 5701 South Calumet Avenue,

 Chicago, Cook County,

Illinois

 (“site”)

5.

 At all times relevant to this Complaint,

 Respondent,

5701 Calumet, was and is an Illinois limited liability company in

good standing.

 5701 Calumet was and is also the owner of the 18-

unit apartment complex located on the site.

6.

 On October

15,

 2003,

 the Illinois EPA performed an

inspection of the apartment complex on the site after an interior

demolition had been performed on the complex.

7.

 On October 15,

 2003,

 the Illinois EPA inspector

observed disturbed suspect material on the floor and

approximately

12

 linear feet of suspect material on pipes leading

from a boiler in the basement area.

8.

 On October 15,

 2003,

 a sample of dry,

 friable suspect

material obtained from. the northeast part of the boiler room in

the. basement tested positive for 20

 chrysotile asbestos.

9.

 On October 15,

 2003,

 a sample of dry,

 friable suspect

material obtained from the a pipe above the boiler tested

positive for 10

 chrysotile asbestos.

 The complex had not been

inspected prior to the renovation activities.

10.

 On October 15,

 2003,

 the EPA inspector measured where

approximately 350 feet of linear piping had been removed, leaving

approximately

12

 feet of linear piping intact in the basement of

5701 South Calumet Avenue.

11.

 On October 21,

 2003,

 microvacuum samplings were taken

at the site,

 two of which showed elevated levels of asbestos

fibers in the basement of 5701 South Calumet Avenue.

12.

 The amount of dry,

 friable asbestos-containing material

(“ACM”)

 observed in the basement exceeded 260 linear feet.

3

13.

 The Respondents caused or allowed friable ACM to be

deposited, unc~ontained, throughout the basement of the complex.

By such improper handling of the ACM and failure to follow

appropriate emission control procedures,

 Respondents allowed

asbestos fibers to be released to the atmosphere.

14.

 Pursuant to Section 112(b) (1)

 of the Clean Air Act

(“CAA~), 42 •USC 7412(b)

(1),

 the Administrator of the United

States Environmental Protection Agency

 (“USEPA”)

 has listed

•asbestos as a hazardous air pollutant.

•

15.

 Asbestos is a known human carcinogen.

16.

 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,

or so as to violate regulations or standards

adopted by the Board under this Act;

17.

 Section 201.141 of the Board’s Air Pollution

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

18.

 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.

19.

 Section 3.165 of the Act,

 415 ILCS 5/3.165

 (2002),

defines contaminant as:

“CONTAMINANT”

 is any solid,

 liquid,

 or gaseous matter,

any odor,

 or any form of energy,

 from whatever source.

20.

 Section 3.315 of the Act,

 415 ILCS 5/3.315

 (2002),

defines person as:

“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.

21.

 Respondents are

 “persons” as that term is defined in

Section 3.315

 of the Act,

 415 ILCS 5/3.315

 (2002).

22.

 Asbestos is a “contaminant” as that term is defined by

Section 3.165 of the Act,

 415 ILCS 5/3.165

 (2002)

23.

 From at least October 15,

 2003 to approximately

November 3,

 2003,

 Respondents caused or allowed dry friable

asbestos containing material to enter into the atmosphere.

24.

 As the party that conducted or managed the renovation

activities,

 the Respondent,

 Pattison Associates LLC, has caused,

threatened or allowed the discharge or emission of asbestos into

the environment

 so as to cause air pollution in that dry,

 friable

•

 asbestos containing materials were improperly handled.

25.

 As the owner of the property on which the renovation

activity was taking place,

 the Respondent,

 5701 South Calumet

LLC,

 has caused, •threatened or allowed the discharge or emission

of asbestos into the environment so as to cause air pollution in

•that dry,

 friable asbestos containing materials were improperly

handled.

26.

 By allowing dry friable asbestos containing materials

to remain in a friable state, exposed to the elements,

Respondents have caused or allowed air pollution in Illinois in

violation of Section 9(a)

 of the Act,

 415 ILCS 5/9(a) (2002)and 35

Ill.

Adm.

Code

201.141.

WHEREFORE,

Complainant,

PEOPLE

THE

STATE

ILLINOIS,

respectfully requests that the Board enter an order against

Respondents,

 PATTISON ASSOCIATES LLC and 5701 SOUTH CALUMET LLC,

on this Count

I:

1.

 Authorizing a hearing in this matter at which time the

Respondents will be required to answer the allegations herein;

2.

 Finding that Respondents have caused or allowed

violations of Section 9

(a)

 of the Act,

 and 35

 Ill. Adm.

 Code

201 .141;

3.

 Ordering the Respondents to cease and desist from any

further violations of Section 9(a)

 of the Act,

 and 35

 Ill. Adm.

Code

201.141;

4.

 Assessing a civil penalty of $50,000 against each

Respondent for each violation of the Act and pertinent Board

regulations,

 •with an additional penalty of $10,000 per day for

each day that the violations continued;

5.

 Taxing all costs in this action,

 including expert

witness, consultant and attorneys fees,

 against Respondents; and

6.

 Granting such other relief as the Board deems

appropriate and just.

COUNT

II

FAILURE TO THOROUGHLY

 INSPECT PRIOR TO RENOVATION

1

17.

 Complainant realleges and incorporates herein by

reference paragraphs

 1 through 15 and 20 through 21 of Count

 •I as

•

paragraphs

 1 through 17 of this Count

II.

18.

 Section 9.1(d) (1)

 of the Act,

 415 ILCS 5/9.1(d) (1)

(2002)

 provides as follows:

No person shall:

1.

 Violate any provisions

 of Sections

 111,

 112,

 165,

173

of

the

 Clean Air

 Act,

as

now

or

 hereafter

amended,

or

 federal

 regulations

 adopted

 pursuant

thereto;

or

19.

 Pursuant to Section 112(b) (1)

 of the Clean Air Act

(T~C~I’),

42 USC 7412(b) (1),

theAdministrator of the United

States Environmental Protection Agency

 (“USEPA”)

 has listed

•

 asbestos

as a hazardous air pollutant.

20.

 Section 112(d) ofthe

 CAA,

 42 USC 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.

21.

 Section 112(h)

 of the

CAA,

 42 USC 7412(h),

 titled, Work

Practice Standards and Other Requirements, provides in pertinent

part

follows:

•

For

the

purposes

this

section,

not

feasible

 in the

 judgment

of

the

Administrator

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,

 operation

standard,

or

 combination

 thereof,

 which

in

the

Administrator’s

judgment

consistent

with

the

provisions

subsection

(d)

(f)

this

section

22.

June

19,

1978,

the

Administrator

determined

that

work practice standards rather than emission standards are

appropriate in the regulation of asbestos,

43

 Fed. Reg.

26372

(1978), and therefore, pursuant to Section 112 of the

CAA,

the

USEPA has adopted National Emission Standards for Hazardous Air

Pollutants

 (NESHAPs),

 including asbestos,

 40 CFR 61,

 Subpart M.

23.

 Section 61.141 of the USEPA’s

NESHAPs,

 40 CFR 61.141

(July

1,

 1997), provides,

 in 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.

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

A,

 subpart

F,

40

 CFR part

 763,

 section

1,

Polarized Light

 Microscopy

 that,

 when

 dry,

 cannot

be

crumbled,

 pulverized,

or

 reduced

to

 powder

by

 hand

pressure.

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.

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

waste 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

A,

 subpart

F,

 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 demolition

 or renovation operation,

or

both.

Regulated asbestos-containing material

 (RACM) means

(a)

Friable asbe~tosmaterial,

 (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

9

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 our RACM or facility components that

contain or are covered with R~CMfrom any facility.

Renovation

 means

 altering

a

 facility

or

one

or

 more

facility components in any way,

 including the stripping

or removal of RACM from a facility component.

 Operations

in which load-supporting structural members are wrecked

or taken out are demolitions.

24.

 The apartment complex as referenced herein is

a

“facility” as that term is defined in 40 CFR 61.141.

25.

 The removal of asbestos

 at the apartmentcomplex

constitutes a “renovation” as that term is defined in 40 CFR

61.141.

26.

 Respondent,

 Pattison Associates LLC,

 as the e±ltitythat

operated,

 controlled or supervised the renovation activities,

was

the “operator of

 the, renovation activities”,

 as that term is

defined in 40 CFR 61.141.

27.

 5701 South Calumet

 LLC,

 as the owner of the apartment

complex, was the

 “owner of the renovation activities”,

 as that

term is defined in 40 CFR 61.141.

28.

 The asbestos-containing material found in the complex

is “regulated asbestos-containing material

 (RACM)”

 as that term

is defined in 40 CFR 61.141.

29.

 Section 61.145(a)

 of Title 40 of the Code of Federal

• Regulations,

 40 CFR 61.145(a)

 (July

1,

 1998),

 as adopted in

10

Section 9.1(d)

 of the Act, 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 RACM as follows:

*

*

*

(4)

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 at least

 15 square meters

(160 square feet)

 on other facility

components...

30.

 Respondents,

 as owners and/or

operators of the

renovation activity,

 failed to thoroughly inspect the apartment

complex for the presence of asbestos prior to commencement of

renovation activities or at any time,

 in violation of the Clean

Air Act, or more specifically the NESHAP for asbestos and,

therefore,

 are in violation of Section 9.1(d)

(1)

 of the Act.

31.

 The Respondents,

 by their actions or inaction as

alleged herein,

 have violated Section 9.1(d) (1)

 of the Act,

415

ILCS

5/9.1(d)

(1)

(2002)

and

CFR

61.145

(a)

(2002).

•

11

WHEREFORE,

Complainant,

PEOPLE

THE

STATE

ILLINOIS,

respectfully requests that the Board enter an order against

Respondents, PATTISON ASSOCIATES LLC and 5701 SOUTH CALUMET LLC

on this Count

II:

1.

 Authorizing a hearing in this matter at which time the

Respondents will be required to answer the allegations herein;

2.

 Finding that Respondents have caused or allowed

violations of Section 9.1(d) (1)

 of the Act and 40 CFR65.145(a);

3.

 Ordering the Respondents to cease and desi~tfrom any

further violations of Section 9.1(d) (1)

 of the Act and 40 CFR

65.145(a);

4.

 Assessing a civil penalty of $50,000 against each

Respondent for each violation of the Act and pertinent Board

regulations, with an additional penalty of $10,000 per day for

each day that the violations continued;

5.

 Taxing all costs in this action,

 including expert

witness, consultant and attorneys fees,

 against Respondents; and

•

Granting

such

other

relief

the

Board

deems

appropriate

and

just.

COUNT

III

FAILURE TO SUBMIT NOTIFICATION

1

28.

 Complainant

realleges and incorporates herein by

reference paragraphs

 1 through 28 of Count

 II as paragraphs

1

through 28 of this Count

 III.

29.

 Section 61.145(b) (1)

 of USEPA’S

NESHAPs,

 40 CFR

61.145(b) (1)

 (July

 2002),

 titled Notification requirements,

prOvides as follows:

•

 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.

30.

 Respondents,

 as owners and/or operators of a renovation

activity,

 failed to notify the Administrator of their intent to

demolish or renovate,

 in violation of the Clean Air Act,

 or more

specifically the NESHAP for asbestos and,

 therefore, are in

violation of Section 9.1(d) (1)

 of the Act.

31.

 The Respondents, by their actions or inactions as

alleged herein, have violated Section 9.1(d) (1)

 of the Act,

415

ILCS 5/9.1(d) (1)

 (2002),

 and 40 CFR 61.145(b) (1)

•

 WHEREFORE,

 Complainant,

 PEOPLE OF THE STATE OF ILLINOIS,

respectfully

requests

that

the

 Board enter an order against

Respondents, PATTISON ASSOCIATES LLC and 5701 SOUTH CALUMET LLC

on this Count

 III:

1.

 Authorizing a hearing in this matter at which time the

Respondents will be

required to ‘answer the allegations herein;

2.

 Finding that Respondents have caused or allowed

violations of Section 9.1(d)(l)

 of the Act and 40 CFR

65.145(b) (1);

3.

 Ordering the Respondents to cease and desist from any

further violations of Section 9.1(d) (1)

 of the Act and 40 CFR

65.145(b) (1);

4.

 Assessing a civil penalty of $50,000 against each

Respondent for each violation of the Act and pertinent Board

regulations, with an additional penalty of $10,000 per day for

each day that the violations continued;

5.

 Taxing all costs in this action,

 including expert

witness, ‘consultant and attorneys fees,

 against Respondents; and

6.

 Granting such other relief as the Board deems

appropriate and just.

COUNT IV

FAILURE TO FOLLOW PROPER EMISSION CONTROL PROCEDURES

1

28.

 Complainant realleges and incorporates herein by

reference paragraphs

 1 through

28 of Count

III

 as paragraphs

1

through 28 of this Count

IV.

29.

Section

61.145(c)

tJSEPA’s

NESHAPs,

CFR

61.145(c) (July

1,

 2002),

 titled Procedures for asbestos emission

controj, provides,

 in pertinent part,

 as follows:

Each owner or operator of a demolition or renovation

activity to whom this paragraph applies, according to

paragraph

(a)

 of this section,

 shall

 comply with the

following procedures:

(1)

 Remove all RACN from a facility being

demolished or renovated before any activity

begins that would break up, dislodge, or

similarly disturb the material or preclude

access to the material for subsequent

removal.

*

*

‘

*

(3)

 When RACM

is

 stripped from

a

 facility component

while

it

 remains

 i’n

 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

•

accoicdance

with

§61.150;

*

*

*

(8)

 Effective

1

 year

 after

 promulgation

of

 this

regulation~ no RACM shall be stripped,

 removed,

or

otherwise

 handled

or

 disturbed

at

a

 facility

regulated

by

 this

 section

 unless

at

 least

one

onsite

 representative,

 such

as

a

 foreman

or

management-level

 person

or

 ,other

 authorized

representative,

 trained in the provisions of this

regulation and the means of complying with them,

is

present.

30.

 Respondents, as owners and/or operators of a renovation

activity, failed to remove all RACM from a facility being

renovated or demolished before an activity began that would break

up, dislodge,

 or similarly disturb the material or preclude

access for subsequent removal

 in violation of the Clean Air Act,

or more specifically the NESHAP for asbestos and,

 therefore,

are

in violation of Section 9.1(d) (1)

 of the Act.

31.

Respondents,

 as owners and/or operators of a renovation

activity,

 failed.to adequately wet all RACM’ in

place before

stripping it from the facility components at the facility,

in

violation of the Clean Air Act,

 or more specifically the NESHAP

for asbestos and,

 therefore,

 are in violation of Section

9.1(d) (1)

 of theAct.

32.

 Respondents,

 as owners and/or operators of a renovation

activity,

 failed to adequately wet all RACM and ensure that it

remained wet until collected and contained or treated in

preparation for disposal,

 in violation of the Clean Air Act,

or

more specifically the NESHAP for asbestos and,

 therefore,

 are in

violation of Section 9.1(d) (1)

 of the Act.

33.

 Respondents,

 as owners and/or operators of a renovation

activity,

 failed to have any onsite representative trained in the

provisions

 of, the asbestos NESHAP,

 in violation of the Clean Air

Act,

 or more specifically the NESHAP for asbestos and,

 therefore,

are in violation of Section 9.1(d)(1)

 of the Act.

34.

 The Respondents, by their actions or inactions as

alleged herein, have violated Section 9.1(d)

(1)

 of the Act,

415

ILCS 5/9.1(d)

(1)

 (2002)

 and 40 CFR 61.145 (c) (1)

(c)

(3),

(c) (6)

and

(c)

(8).

WHEREFORE,

 Complainant,

 PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order against

Respondents, PATTISON ASSOCIATES LLC and 5701 SOUTH CALUMET LLC

on this Count

IV:

1.

 Authorizing

 a hearing in this matter at which time the

Respondents will be required to answer the allegations herein;

2.

 Finding that Respondents have caused or allowed

violations of Section 9.1(d) (1)

 of the Act and 40 CFR

65.145(c) (1), (c).(3), (c) (6),

and

 (c) (8);

3.

 Ordering the Respondents to cease and desist from any

further violations of Section 9.1(d) (1)

 of the Act and 40 CFR

65.145(c) (1), (c) (3), (c) (6),

and

 (c) (8);

4.

 Assessing a civil penalty of $50,000 against each

Respondent for each violation of the Act and pertinent Board

regulations,

 with an additional penalty of $10,000 per day for

each day that the violations continued;

5.

 Taxing all costs

 in this action,

 including expert

witness,

 consultant and attorneys fees,

 against Respondents; and

6.

 Granting such other relief as the Board deems

appropriate and just.

•

COUNT V

FAILURE TO FOLLOW PROPER DISPOSAL PROCEDURES

1

28.

 Complainant realleges and incorporates herein by

reference paragraphs

 1 through 28 of Count IV as paragraphs

1

through 28 of this Count V.

29.

 Section 61.150(b) (1)

 of USEPATs NESHAPs,

 40 CFR

61.150(b) (1) (July

1,

 2002),

 as adopted in Section 9.1(d)

 of the

Act, 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:

*

*

*

(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

Sectioh 61.154;

30.

 The Respondents failed to deposit regulated asbestos-

containing waste material

 as soon as practical in an appropriate

waste disposal site,

 in violation of the Clean Air Act,

 or more

specifically the NESHAP for asbestos and,

 therefore, are in

violation of Section 9.1(d) (1)

 of the Act.

31.

 Respondents, by their actions or inactions as alleged

herein, have violated Section 9.1(d) (1)

 of the Act,

 415 ILCS

5/9.1(d) (1)

 (2002), and 40 CFR 61.150(b) (1) (July

1,

 2002).

WHEREFORE,

 Complainant, PEOPLE OF THE STATE OF ILLINOIS,

respectfully requests that the Board enter an order against

Respondents, PATTISON ASSOCIATES LLC and 5701 SOUTH CALUMET LLC

on this Count V:

•

1.

 Authorizing a hearing in this matter at which time the

Respondents will be ~equ±red to answer the allegations herein;

2.

 Finding that Respondents have caused or allowed

violations of Section 9.1(d) (1)

 of the Act and 40 CFR

65.150(b) (1)

3.

 Ordering the Respondents to cease and desist from any

further violations of Section 9.1(d) (1)

 of the Act and 40 CFR

65.150(b) (1);

4.

 Assessing a civil penalty of $50,000 against each

Respondent for each violation of the Act and pertinent Board

regulations, with an additional penalty of $10,000 per day for

each day that the violations continued;

5.

 Taxing all costs

 in this action,

 including expert

witness,

 consultant and attorneys fees,

 against Respondents; and

6.

 Granting such other relief as the Board deems

appropriate and just.

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN,

Attorney General of the

State of Illinois

19

MATTHEW J.

DUNN,

 Chief

Environmental Enforcement/Asbestos

Litigation Division

By:

ROS

RIE

 ZEAU,

Chi

Environmental Bureau

Assistant Attorney General

Of Counsel:

PAULA BECKER WHEELER

•

Assistant Attorney General

Environmental Bureau

188 West Randolph Street,

 20th Floor

Chicago,

IL

60601

(312)

 814-1511

20

CERTIFICATE OF SERVICE

I,

 PAULA BECKER WHEELER,

 an Assistant Attorney General in this

case,

 do certify that I caused to be served this

4th

 day of April,

2005,

 the foregoing Complaint and Notice of Filing upon the persons

listed on said Notice by depositing same in an envelope, by certified

mail and by first class postage prepaid, with the United States Postal

Service at 188 West Randolph Street,

 Chicago,

 Illinois,

 at or before

‘the ,hour of 5:00 p.m.

PAULA BECkER WHEELER