RECEIVED
CLERK’S OFFICE
MAY 23
2005
STATE OF ILLINOIS
Pollution Control Board
OFFICE OF THE
A’FI’ORNEY GENERAL
STATE OF ILLINOIS
The Honorable Dorothy Gunn
Illinois Pollution Control
Board
James
R.
Thompson Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois 60601
May 19, 2005
Re:
People
v. Champion Environmental Services, Inc.
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
a
NOTICE
OF
FILING,
COMPLAINT and APPEARANCE in regardto the above-captioned matter.
Pleasefile the originals
and
return
file-stamped
copies
of the documents
to
our office
in
the enclosed,
self-addressed
envelope.
Thank you for your cooperation and
consideration.
JLH/pp
Enclosures
500 South
Second Street,
Springfield, Illinois
62706
•
(217) 782-1090
•
YTY:
(217)
785-2771
•
Fax: (217) 782-7046
100 West Randolph
Street, Chicago,
Illinois
60601
•
(312)
814-3000
•
TTY: (312) 814-3374
•
Fax:
(312) 814-3806
1001
East Main, Carhondalc,
Illinok
62901
•
(618)
529-6400
•
TTY:
(6181 529-6403
•
Fax:
(618)
529-6416
Lisa Madigan
ATTORNEY
GENERAL
ioman
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
RECEIVED
-
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
-
M4Y
232005
PEOPLE OF THE
STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Control Board
Complainant,
)
vs.
)
PCB
No.
~
-19 ~
)
(Enforcement
-
Air)
CHAMPION ENVIRONMENTAL
)
SERVICES, INC.,
a Wisconsin
)
corporation,
Respondent.
)~
NOTICE OF FILING
To:
CHAMPION
ENVIRONMENTAL SERVICES,
INC.
do
Barbara J.
Gorniak,
R.A.
38 West End
Drive
Gilberts,
IL 60136
PLEASE TAKE
NOTICE that on this date
I
mailed for filing with the Clerk of the Pollution
Control
Board
of
the State
of
Illinois,
a
COMPLAINT,
a
copy
of
which
is attached
hereto
and
herewith
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
this 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.
1
FURTHER,
please
take
notice
that
financing
may
be
available,
through
the
Illinois
Environmental Facilities
Financing Act, 20
ILCS 351 5/1
(2002),
to
correct 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
EnforcementlAsbestos
Litigation
Di
BY:
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
May 19, 2005
ioman
Assistant Attorney General
Environmental
Bureau
2
CERTIFICATE OF SERVICE
I
hereby certify that
I
did on
May
19, 2005,
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 APPEARANCE and
COMPLAINT:
To:
CHAMPION ENVIRONMENTAL SERVICES,
INC.
c/o Barbara J.
Gorniak,
R.A.
38 West End
Drive
Gilberts,
IL 60136
and the original and
ten copies
by
First Class
Mail with
postage thereon fully prepaid
of the
same foregoing
instrument(s):
To:
Dorothy Gunn, Clerk
Illinois
Pollution Control
Board
James
R.
Thompson Center
Suite
11-500
100
West
Randolph
Chicago,
Illinois 60601
~As~stdnt
Attorney General
This filing is submitted on
recycled paper.
RECEIVED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
MAY 23
2005
PEOPLE OF THE
STATEOF
-
)
ILLINOIS
--
)
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
vs.
)
PCBNo.
)
(Enforcement
-
Air)
CHAMPION
ENVIRONMENTAL
)
SERVICES, INC., a Wisconsin
)
corporation,
-
)
)
Respondent.
)
-
ENTRY OF APPEARANCE
On
behalf of
the
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
J.
L.
HOMAN,
Assistant Attorney General
of the State of
Illinois,
hereby enters
her 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
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
-
Dated:
May
19,
2005
BY~
ion
ronmental Bureau
Assistant Attorney General
-
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY
232005
-
PEOPLE OF THE STATE OF
)
-
STATE OF ILLINOIS
ILLINOIS,
)
Pollution
Control
Board
)
Complainant,
)
)
)
PCB
No. 05-
1
)
(Enforcement-Air)
CHAMPION ENVIRONMENTAL
)
SERVICES, INC., a Wisconsin
)
corporation,
)
)
Respondent.
)
COMPLAINT
The PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney
General of
the
State ofIllinois, on her own motion,
complains ofthe Respondent, CHAMPION
ENVIRONMENTAL SERVICES,
INC., as follows:
-
COUNT I
VIOLATIONS OF THE NATIONAL EMISSIONS STANDARDS FOR ASBESTOS
1.
This count is brought on behalf ofthe People of the State ofIllinois,
by Lisa
Madigan, the Attorney General ofthe State ofIllinois, on her own motion pursuant to the ten-ns
and provisions ofSection
31 ofthe Illinois Environmental Protection Act (“Act”),
415
ILCS
5/31
(2002).
2.
The Illinois Environmental Protection Agency (“Illinois EPA”) is an
agency ofthe
State ofIllinois created by the Illinois General Assembly in
Section 4 ofthe Act,
415
ILCS
5/4
(2002), and charged,
inter
alia,
with the duty ofinvestigating
and enforcing violations of the Act.
3.
CHAMPION ENVIRONMENTAL SERVICES, INC. (“Champion”), is a
Wisconsin corporation that has filed a certificate ofauthority to
transact business in Illinois in
—1—
good standing.
The registered agent for Champion
is Barbara J. Gomiak, 38 West End Drive,
Gilberts, Kane County, Illinois 60136.
-
-
4.
CNH America LLC ofEast Moline is the owner ofthe former Case manufacturing
facility located at 1100 Third Street in East Moline, Rock Island County, Illinois.
The size ofthe
facility is
approximately two million five hundred thousand (2,500,000) square feet.
CNH
America LLC contracted Champion to remove approximately fifteen thousand linear feet of
regulated asbestos containing material (“RACM”), ten thousand (10,000) square feet of Category
I non-friable asbestos containing material (“ACM”), and two million ten thousand (2,010,000)
square feet ofCategory II non-friable ACM, prior to
the demolition of the facility.
5.
Champion submitted a notification of the asbestos abatement and demolition
project to
the Illinois EPA on February 14, 2005.
The project commenced on or after-February
24, 2005.
Champion subsequently submitted a revised notification of the asbestos abatement and
demolition project to
the Illinois EPA on March 23, 2005.
6.
On May 4, 2005, the Illinois
Attorney General’s Office was contacted by local
citizens with complaints alleging improper asbestos removal activity at the facility.
The Illinois
EPA was requested to investigate the complaints.
7.
The Illinois EPA subsequently provided its investigatory reports to
Illinois
Attorney General’s Office.
8.
Section 9.1(d) ofthe Act, 415
IILCS
5/9.1(d)(2002) provides as follows:
(d) No person shall:
(1) violate
any provisions ofSections
111,
112,
165
or 173 ofthe
Clean Air Act,
as now or hereafter amended, or federal regulations
adopted pursuant thereto;
-2-
9.
The regulations on National Emission Standards for Hazardous Air Pollutants
(“NESHAP”) for asbestos, 40 CFR Part 61, Subpart M, were adopted pursuant to
Section
112 of
the Clean Air Act, 42 USC §74 12.
Asbestos is regulated as a hazardous air pollutant because it
is
a carcinogen.
RACM contains more than one percent
asbestos and
is generally “friable,”
which means such materials, when dry, can be crumbled, pulverized, or reduced to powder by
hand pressure.
10.
40 CFR §61.141 provides the following pertinent definitions:
Adequately wet means sufficiently mix or penetrate with liquid to prevent the release of
particulates. Ifvisible emissions are observed coming
from asbestos-containing material,
then that material has not been adequately wetted. However, the absence ofvisible
emissions
is not sufficient evidence ofbeing adequately wet.
Asbestos-containing waste materials means mill tailings or any waste that contains
commercial asbestos and is generated by a source subject to the provisions ofthis subpart.
As applied to demolition
and renovation operations, this term also includes regulated
asbestos-containing material waste and materials contaminated with asbestos including
disposable equipment and clothing.
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
r
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.
Demolition means the wrecking or taking out ofany load-supporting structural member
ofa facility together with any related handling operations or the intentional burning of
any facility.
Facilitymeans any institutional, commercial,
public, industrial, or residential structure,
installation, or building.
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
-3-
1, Polarized Light Microscopy, that, when dry, can be crumbled, pulverized, orreduced to
powder by hand pressure. Ifthe asbestos content is less than
10 percent
as determined by
a method other than point counting by polarized light microscopy (PLM), verif~,’
the
asbestos content by point counting using PLM.
Nonfriable asbestos-containing material means any material containing more than
1
percent asbestos ~s determined using the method 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.
Outside air means the air outside buildings
and structures, including, but not limited to,
the air under a bridge or in
an open air feny dock.
Owner or operator ofa 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 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 reducedto powder by the forces expected to act on the material in the
course ofdemolition or renovation operations regulated by this
subpart.
Remove means to
take out RACM or facility components that contain or are covered with
RACM from any facility.
Visible emissions means any emissions, which are visually detectable without the aid of
instruments, coming from RACM or asbestos-containing waste material...
.
This does
not include condensed, uncombined water vapor.
11.
40 CFR §61.145 provides in pertinent part as follows:
Standard for demolition and renovation.
(a)
Applicability.
To determine which requirements ofparagraphs (a), (b), and (c) ofthis
section apply to the owner or operator ofa demolition or renovation activity and prior to
the commencement of the demolition orrenovation, 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 ofparagraphs (b) and (c) ofthis section apply to
each owner or operator ofa
demolition orrenovation activity,
including the removal ofRACM as follows:
-4-
(1) In a facility being demolished,
all the requirements ofparagraphs (b) and
(c) of
this section apply, except as provided in paragraph (a)(3)
of-this section, if the
combined amount of RACM 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 meter (35 cubic feet) offfacility components where the
length or area could not be measured previously.
*
*
*
(c)
Proceduresfor asbestos emission
control.
Each owner or operator of a demolition or
renovation activity to
whom this paragraph applies, according to paragraph (a) ofthis
section, shall comply with the following procedures:
(1) Remove all RACM 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. RACM need not be
removed before demolition if:
*
*
*
(iv) They are Category II nonfriable ACM and the probability is low that
the materials will become crumbled, pulverized, or reduced to powder
during demolition.
*
*
-
*
(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.
(iii) Transport the material to the ground via leak-tight chutes or containers
if it has been removed or stripped more than 50
feet above ground level
and was not removed as units or in sections.
(iv) RACM contained in leak-tight wrapping that has been removed in
accordance with paragraphs (c)(4) and (c)(3)(i)(B)(3) ofthis section need
not be wetted.
*
*
*
12.
40
CFR
§61.150
provides in pertinent part as follows:
-5-
-
Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and
spraying operations.
-
Each owner or operator ofany 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 ofany asbestos-containing waste
material generated by the source, or use one ofthe emission control and waste treatment
methods specified in paragraphs (a)
(1) through (4) of this section.
(1) Adequately wet asbestos-containing waste material.
*
*
*
(5)
As applied to
demolition and renovation, the requirements ofparagraph (a) of
this section do not apply to
Category I nonfriable ACM waste and Category II
nonfriable ACM waste that did not become crumbled, pulverized, or reduced to
powder.
(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
§61.154,
or
(2) An EPA-approved site that converts RACM and asbestos-containing waste
material into nonasbestos (asbestos-free) material according to the provisions of
§61.155.
-
(3) The requirements ofparagraph (b) ofthis section do not apply to Category I
nonfriable ACM that is not RACM.
*
*
*
13.
The former Case
building in East Moline is a “facility” and the Respondent
is an
“operator” ofa “demolition” as these terms are defined at 40 CFR 61.141.
14.
Transite is a cementitious product classified as “Category II nonfriable ACM” as
that term is defined at 40 CFR 61.141.
Category II materials that have a high probability ofbeing
crumbled, pulverized, or reduced to powder as part of demolition must be removed before
-6-
demolition begins.
15.
On May
5,
2005, during the Illinois EPA inspection ofthe facility, Champion was
removing transite panels from the roofofthe facility.
The Respondent’s removal methods
rendered much ofthis formerly non-friable material friable.
Specifically, some ofthe transite
was being struck with hammers, dropped from the roofto
the concrete floor,
and run over by
heavy equipment.
Due to the Respondent’s improper work practices as to remoyal,
the transite
materials became crumbled, pulverized, or reduced to powder during demolition.
16.
During the May
5,
2005, inspection, large amounts ofdry friable asbestos-
containing waste materials were on the floor ofthe facility and scattered around
on the
site.
Champion was not using water to
suppress or control emissions.
Eight open bins and three
partially covered thirty cubic yard containers with dry friable
asbestos-containing waste materials
were located
on site.
Suspected asbestos-containing waste materials and construction debris
were scattered on the banks ofthe Mississippi River near the facility.
Analytical testing of
samples taken ofthe transite at the site revealed the presence of approximately 30 to 35
percent
asbestos.
-
17.
The Respondent
failed to properly remove Category II nonfriable ACM from the
facility and thereby ensure that such materials would not become crumbled, pulverized, or
reduced to powder during demolition, in violation of Section 9.1(d) ofthe Act,
415
ILCS
9.l(d)(2002) and 40
CFR
§61.145(c)(l).
18.
The Respondent failed to adequately wet and keep wet all RACM removed during
renovation operations until collected
and contained in leak-tight wrapping in preparation for
disposal, in violation ofSection 9.1(d) ofthe Act,
415 ILCS
9.l(d)(2002) and 40 CFR
-7-
§61. 145(c)(6).
19.
The Respondent failed to deposit as soon as practicable all RACM and asbestos
containing waste material at a site permitted to
accept such waste,
in violation ofSection 9.1(d)
ofthe Act, 415
IILCS
9.1(d)(2002) and 40 CFR
§61.150(b)(1).
20.
The Respondent failed to
collect, contain and deposit as soon as practicable all
RACM and
asbestos-containing waste materials generated during the removal at a site permitted
to accept such waste,
in violation of Section 9.1(d) of the Act, 415 ILCS
9.1 (d)(2002), 40 CFR
§
61.145(c)(6),
and 40 CFR
§61.150(b)(1).
21.
Champion has previouslybeen adjudicated in violation ofSections 9(a)
and 9.1(d)
ofthe Act in PCB 97-135.
These presently alleged violations constitute repeated violations
pursuant to
Section 42(f) ofthe Act, 415 ILCS 5/42(f)
(2002), and Complainant
is thereby
authorized to seek attorney’s fees and
costs.
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People ofthe State ofIllinois, respectfully
requests that this 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 that the Respondent has violated the Act and regulations as alleged
herein;
C.
Ordering Respondent to
cease and desist from any further violations of the Act
and associated regulations;
D.
Pursuant to Section 42(a) ofthe Act, 415
ILCS
5/42(a)
(2002), impose a civil
-8-
penalty ofnot more than the statutory maximum;
E.
Pursuant to Section 42(f) ofthe Act, 415 ILCS
5/42(f)
(2002), award the
Complainant its
costs in this matter, including reasonable attorney’s fees and costs; and
F.
Grant such other and further relief as the Board deems appropriate.
43(a)(2002), ORDER the Respondent to alleviate the threat ofadditional emissions or other
COUNT II
AIR POLLUTION VIOLATIONS
1-16.
Complainant realleges and incorporates herein by reference paragraphs
1 through
16 ofCount I as paragraphs
1
through 16 ofthis Count II.
17.
Section 9(a) ofthe Act, 415 JLCS
5/9(a)
(2002), provides:
No person shall:
a.
Cause or threaten or allow the discharge or emission ofany
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 violateregulations or standards adopted by the
Board under this Act;
18.
Section 201.141
ofthe Board’s Air Pollution Regulations,
35 Ill. Adm.
Code
201.141
(2002), provides:
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 airpollution 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.
Section
3.115 ofthe Act, 415 ILCS
3.115
(2002), provides the following
definition:
-9-
“Air pollution” is the presence in the atmosphere ofone 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
ofthe 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.
21.
Asbestos is a contaminant as that term is defined in Section
3.165
ofthe Act.
22.
Due to the Respondent’s improperwork practices as to
both removal and the
collection or processing ofthe asbestos-containing waste materials, the transite materials became
crumbled,
pulverized, or reduced to powder during demolition and resulted in “visible
emissions” as that term is defined at 40 CFR 61.141.
23.
By causing or allowing visible emissions from asbestos-containing waste
materials, the Respondent has violated Section 9.1(d) ofthe Act,
415 ILCS
9.1(d)(2002) and 40
CFR
§61.150(a).
24.
The Respondent has caused, threatened, or allowed the discharge or emission of
dry friable asbestos, a contaminant and hazardous air pollutant, into the environment so as to
tend to cause air pollution, thereby violating Section 9(a) ofthe Act, 415 ILCS
5/9(a)(2002),
and
35
Ill. Adm.
Code 201.141.
25.
Champion has previously been adjudicated in violation ofSections 9(a) and
9.1(d)
ofthe Act in PCB
97-135.
These presently alleged violations
constitute repeated violations
pursuant to Section 42(f) of the Act, 415 ILCS
5/42(f)
(2002), and Complainant
is thereby
authorized to seek attorney’s fees and costs.
-10-
PRAYER
FOR RELIEF
WHEREFORE, the Complainant, People ofthe State ofIllinois, respectfully
requests that this 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 that the Respondent has violated the Act and regulations as alleged
herein;
C.
Ordering Respondent to cease and desist from any further violations ofthe Act
and associated regulations;
-
D.
Pursuant to Section 42(a) ofthe Act, 415
ILCS
5/42(a)
(2002), impose a civil
penalty ofnot more than the statutory maximum;
-
E.
Pursuant to
Section 42(f) ofthe Act, 415 ILCS 5/42(f) (2002), award the
Complainant
its
costs in this matter, including reasonable attorney’s fees and costs;
and
F.
Grant such other and further relief as the Board deems appropriate.
COUNT
III
-
OPEN DUMPING
1-16.
Complainant realleges and incorporates herein by reference paragraphs
1
through
16
ofCount I as paragraphs
1
through 16 ofthis Count ifi.
17.
Section
21
of the Act, 415
IILCS
5/21
(2002), provides, in pertinent part, as
follows:
-11-
No person shall:
a.
Cause or allow the open dumping of any waste.
***
e.
Dispose, treat, store or abandon any waste.
.
.
except
at a site which
meets the requirements ofthis Act and ofregulations and standards
thereunder.
***
p.
In violation ofsubdivision (a) of this Section,
cause or allow the open
dumping ofany waste in a manner which results in any ofthe following
occurrences
at the
dump site:
1.
litter;
18.
Section 3.385 of the Act,
415 ILCS
5/3.385
(2002),
provides as follows:
“Refuse” means waste.
19.
Section
3.535
ofthe Act, 415 ILCS
5/3.535
(2002), provides as follows:
“Waste” means any garbage.
.
.
or other discarded material, including solid,
liquid, semi-solid, or contained gaseous material resulting
from industrial,
commercial, mining and agricultural operations, and from
community activities,
20.
Section 3.305 ofthe Act, 415 ILCS 5/3.305 (2002), provides as follows:
“Open dumping”
means the consolidation ofrefuse from one
or more sources at a
disposal site that does not fulfill the requirements of a sanitary landfill.
21.
Since on or before May 4, 2005, and
at times known better to the Respondent,
Champion has caused or allowed the open dumping of asbestos-containing waste and other
refuse at the site.
Such dumping has resulted in litter and, due to the presence of asbestos-
containing waste, has created a danger to the public health and environment.
The site does not
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meet the requirements ofthe Act,
and the regulations and standards thereunder,
for a waste
disposal site.
22.
By causing or allowing the open dumping ofrefuse and waste, and by disposing or
abandoning wastes at a site that does not meet the requirements of the Act and the regulations
and standards thereunder, the Respondent, Champion,
has violated Sections 21(a) and 21(e) of
the Act, 415 ILCS
5/21(a), 21(e) (2002).
By causing or allowing open dumping in a manner
resulting in litter, the Respondent has also violated Section 21(p) of the Act, 415 ILCS 5/21(p)
(2002).
PRAYER
FOR RELIEF
WHEREFORE, the Complainant,
People ofthe State ofIllinois, respectfully
requests that this 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 that the Respondent has violated the Act and regulations as alleged
herein;
C.
Ordering Respondent to cease and desist from any further violations ofthe Act
and associated regulations;
D.
Pursuant to
Section 42(a) ofthe Act, 415 ILCS
5/42(a) (2002), impose a civil
penalty ofnot more than the statutory maximum;
E.
Pursuant to
Section 42(f) ofthe Act, 415 ILCS
5/42(f) (2002), award the
Complainant
its
costs in this matter, including reasonable attorney’s fees and costs;
and
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F.
Grant such other and further relief as the Board deems appropriate.
Respectfully submitted,
PEOPLE OF THE STATE OF
ILLINOIS,
ex rel.
LISA MADIGAN,
Attorney General ofthe
State ofIllinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:_______________
THOMAS DAVIS, Chief
-
Environmental Bureau
Assistant Attorney General
OfCounsel:
Javonna L.
Homan
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated:
~s-/’9/c~s
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