•~?~7—
t
‘~,
~ii~
OFFICE
OF THE ATFORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
The Honorable Dorothy Gunn
Illinois
Pollution Control Board
James R.
Thompson Center,
Ste.
11-500
100
West Randolph
Chicago,
Illinois 60601
June 23, 2005
Re:
People v.
Conair Corporation
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
a
NOTICE
OF
FILING,
COMPLAINT and APPEARANCE in regard to the above-captioned matter.
Please file the 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.
KL/pp
Enclosures
500
South Second Street,
Springfield, Illinois
62706
•
(217)
782-1090
•
YTY:
(217) 785-2771
•
Fax:
(217)
782-7046
100
W~est
Randolph Street, Chicago,
Illinois
60601
•
(312)
814-3000
•
‘FTY:
4312) 814-3374
•
Fax: (312) 814-3806
uu~i
\~~-
~
~
1II~,-~
~,7Qfl1
•
(616~c~9-64flfl
•
TTY
(618~
529-6403
•
Fax:
(616) 529-6416
CLERK’S OFFICE
JUN 2?
2005
•STATE OF ILLINOIS
POiI~tj~~
Control Board
Kristen
Environmental
Bureau
500
South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
JUN
27
2005
PEOPLE OF THE
STATE OF
)
ILLINOIS
)
STATE OF ILLINOIS
Pollution Control
Board
Complainant,
vs.
)
PCB
No.
~)S
~
)
(Enforcement)
CONAIR CORPORATION, a
)
Delaware corporation,
)
)
Respondent.
)
NOTICE
OF FILING
To:
CONAIR CORPORATION
do
C T Corporation System,
R. .A.
208
S.
Lasalle Street,
Suite 814
Chicago,
IL 60604-1101
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 Complainf 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 3515/1
(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 Enforcement/Asbestos
LThgat~~ii~~
~~KRISTEN
LA)4I’RIDGft7
Assistant AttoT’fley G~j~raI
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
June 23, 2005
2
CERTIFICATE OF SERVICE
I
hereby certify that
I did
on
June 23, 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:
CONAIR CORPORATION
do C T Corporation System,
R. .A.
208 S.
Lasalle
Street,
Suite 814
Chicago,
IL 60604-1101
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
Suite11-500
100 West
Randolph
Chicago,
Illinois
60601
This filing is submitted on
recycled paper.
RECE~VED
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARDCLERK’S OFFICE
PEOPLE OF THE STATE OF
)
JUN
272005
ILLINOIS,
)
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
vs.
)
PCB No.
)~S~
)
(Enforcement)
CONAIR CORPORATION,
a
)
Delaware corporation,
)
)
Respondent.
)
ENTRYOF APPEARANCE
On
behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, KRISTEN
LAUGHRIDGE, Assistant
Attorney General of the State of Illinois, hereby enters herappearance
as attorney of record.
Respectfully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State of 1l!inois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
(KRISTEN LAU,G~R1DGE
/
Environment4’~jreau,~7
Assistant Attorney Ge~êraI
500
South Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
June
23, 2005
RECEIVED
CLERK S OFFICE
ILLINOIS POLLUTION CONTROL BOARD
~JUN
272005
STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
POllution Control Board
)
)
Complainant,
)
vs.
)
No.
PCB
No. 05-
~
9
)
(Enforcement
-
CONAIR CORPORATION, a Delaware
)
corporation,
)
Respondent.
)
COMPLAINT
The PEOPLE
OF THE STATEOF
ILLINOIS,
ex rel.
LISA MADIGAN, Attorney General
of the State of Illinois,
on
her own motion and
at the request of the ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY,
complains of the Respondent,
CONAIR
CORPORATION, as follows:
COUNT
I
CONSTRUCTION AND OPERATION WITHOUT AN AIR POLLUTION
PERMIT
1.
This count
is brought on behalf of the People of the State of Illinois,
ex rel.
Lisa
Madigan, the Attorney General
of the State of
Illinois,
on her own
motion and at the request of
the
Illinois Environmental
Protection Agency (“Illinois EPA”), pursuant to
Sections
31
of the
Illinois
Environmental Protection Act (“the Act”), 415
ILCS 5/31
(2002).
2.
The
Illinois
EPA is an agency of the
State of
Illinois created by the
Illinois
General Assembly
in
Section 4 of the Act, 415 ILCS 5/4 (2002),
and
charged,
inter a/ia,
with
the
duty of enforcing the Act in
proceedings
before the Illinois Pollution Control
Board (“Board”).
1
3.
This Complaint is brought pursuant to
Section
31
of the Act, 415
ILCS 5/31
(1998), after providing the Respondent with
notice and the opportunity for a meeting with the
Illinois
EPA.
4.
The Respondent,
Conair Corporation
(“Conair”), is a Delaware corporation,
and
has
been doing
business
in
good standing
in
Illinois since April
12,
1989.
Conair does
business
in
Illinois as Conair Packaging
Company, Babyliss
Pro,
Professional
Products
Division and
One’n
Only.
5.
The Respondent
owns and operates a facility
at 205
Shelhouse Drive,
Rantoul,
Champaign County,
Illinois
(“facility”).
The facility manufactures and
packages personal
care
products for other companies.
The facility has a work force of approximately 220
people,
operating
five to six days
a week.
6.
The facility has a
Lifetime
Small Source
Permit,
permit
number PN8601 0068,
issued
by Illinois
EPA on
February 22,
1996.
7.
Section 9(b) of the Act, 415
ILCS 5/9(b)
(2002),
provides:
No person shall:
(b)
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;
8.
Section
201.142 of the Board’s Air Pollution
Regulations, 35
III. Adm.
Code
201.142, provides:
No
person shall cause or allow the construction of any new emission
source or
any new air pollution control equipment,
or cause or allow the modification of any
existing emission source or air pollution control
equipment, without first obtaining
a construction permit from
the Agency,
except as
provided
in
Section
201.146 or
Section 201.170(b) of this
Part.
2
9.
Section 201.143
of the Board’s Air Pollution
Regulations,
35
III.
Adm. Code
201.143, provides:
No person shall cause or allow the operation of any new emission source or
new
air pollution control equipment of a type for which a construction permit is
required
by Section 201.142 without first obtaining an
operating
permit from the
Agency,
except for such testing
operations
as may be authorized by the
construction
permit.
Applications for operating
permits shall
be made at such
times
and
contain such
information
(in addition
to the information required by
Section
201.157) as shall be specified
in the constrUction permit.
10.
On
March
24, 2004,
Illinois EPA,
performed a multi-media inspection and
air
permit review at the facility.
In approximately July 1991,
the facility
had added
two
Italian
aerosol can-filling production
lines (“lines”) without
a permit from
Illinois
EPA Bureau
of Air.
Air
releases at this facility come from purging
of the lines with oxygen to
purge excess
unused
propellent into the environment.
11.
The Respondent added a reject
aerosol can-puncturing
unit without a
permit.
In
this
unit, the rejected cans are punctured
and
propellant is expelled into
the environment.
12.
By constructing the lines and
the reject aerosol can-puncturing
unit that
contribute to
air pollution
and are new emission sources,
without a permit from the Illinois
EPA,
the Respondent violated
Section
9(b) of the Act, 415
ILCS 5/9(b) (2002)
and
Section 201.142 of
the Board’s Air Pollution
Regulations,
35
III. Adm.
Code 201~142.
13.
By operating the lines
and the reject aerosol can-puncturing
unit that contribute
to
air pollution and
are a
new emission
source without
a permit from the Illinois EPA, the
Respondent violated of Section
9(b) of the Act, 415 ILCS 5/9(b)
(2002) and
Section
201.143 of
the Board’s Air Pollution
Regulations,
35
III.
Adm.
Code 201.143.
PRAYER
FOR RELIEF
WHEREFORE, the Complainant,
People of the
State of Illinois,
respectfully requests
that this Board enter an
Order against the Respondent,
CONAIR CORPORATION:
3
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) of the Act, 415
ILCS 5/42(a)
(2002),
impose a civil
penalty of not more
than the statutory maximum;
E.
Pursuant to
Section 42(f) of the 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
II
HAZARDOUS AND SPECIAL WASTE VIOLATIONS
1-6.
Complainant realleges and
incorporates
herein by reference paragraphs
1
through
6 of Count
I as paragraphs
1
through 6 of this Count
II.
7.
Section
21
of the Act, 415
ILCS 5/21
(2002),
provides,
in
pertinent
part,
as
follows:
No
person shall:
*
*
*
e.
Dispose, treat,
store or abandon any waste.
.
.
except at a site or facility
which meets the requirements
of this Act and
of regulations and
standards thereunder.
*
*
*
f.
Conduct any hazardous waste-storage, hazardous
waste-treatment or
hazardous waste-disposal operation:
1.
without
a RCRA permit for the site issued
by the Agency under
subsection
(d) of Section 39
of this Act, or in violation of any
condition
imposed by such permit, including periodic reports and
4
full
access to
adequate records and
the in~pectionof facilities,
as
may be
necessary to assure compliance with this Act and with
regulations and
standards adopted thereunder; or
2.
in violation
of any regulations or standards adopted by the Board
under this Act; or
***
Conduct any process or engage
in
any act which produces
hazardous
waste
in violation of any regulations or standards
adopted
by the
Board
under subsections
(a)
and (c) of Section 22.4 of this Act.
8.
Section 22.48(a) of the Act, 415 ILCS 5/22.48(a) (2002),
provides as follows:
(a)
An industrial
process waste or pollUtion control waste
not within the
exception set forth
in
subdivision (2) of subsection (c) of Section
3.475 of
this Act must be
managed
as special waste unless the generator first
certifies in
a signed,
dated,
written statement that the waste
is outside the
scope of the categories listed
in subdivision
(1) of subsection (c) of
Section
3.475 of this Act.
9.
Section 3.220 of the Act, 415
ILCS 5/3.220
(2002),
provides as follows:
“Hazardous waste”
means a waste, or combination of wastes, which because
of
its
quantity, concentration, or physical,
chemical
,
or infectious characteristics
may cause or significantly contribute to an
increase in
mortality or an
increase
in
serious,
irreversible, or incapacitating reversible,
illness; or pose a substantial
present or potential hazard to
human health or the environment when
improperly
treated, stored, transported, or disposed
of, or otherwise
managed, and which
has been
identified,
by characteristics or listing,
as hazardous pursuant to
Section 3001
of the Resource
Conservation and
Recovery Act of
1976,
P.L. 94-
580,
or pursuant to Board
regulations.
*
~*
*
10.
Section 3.475 of the Act, 415
ILCS 5/3.475
(2002),
provides,
in
pertinent part,
as
follows:
“Special Waste”
means any of the following:
(c)
industrial process waste or pollution control waste, except:
(1)
Any such
waste certified
by its generator, pursuant
to Section
22.48 of this Act, not to be any of the following:
(A)
a
liquid,
as determined using the paint filter test....
(B)
regulated
asbestos-containing waste materials....
5
(C)
polychlorinated byphenyls
(PCB’s)~..
(D)
an
industrial
process waste or pollution control
waste...
(E)
a waste material generated
by processing
recyclable
metals by shredding and
required
to
be managed as a
special
waste...
11.
Section
722.134 of the
Board’s Hazardous Waste
Operating
Regulations,
35
III.
Adm.
Code 722.134, provides,
in pertinent part,
as follows:
a)
Except as
provided
in subsection
(d),
(e),
(f),
(g),
(h),
or (i) of this Section,
a generator is exempt from all the requirements
in
35
III. Adm. Code
725.Subparts
G and
H,
except for 35
III.
Adm.
Code 725.211
and
725.214,
and may accumulate
hazardous waste
on-site for 90 days or
less without a permit or without having
interim status,
provided that the
following
conditions
are fulfilled:
1)
The waste is placed in or on
one of the following:
A)
In containers, and the generator complies
with 35
III.
Adm.
Code 725.Subparts
I, AA,
BB,
and
CC;
2)
The date upon which each period
of accumulation begins
is
clearly marked and visible
for inspection on
each container;
3)
While being
accumulated
on-site, each
container and tank is
labeled
or marked
clearly with the words “Hazardous Waste”;
and
4)
The generator complies with the requirements
for owners or
operators
in 35
Ill.
Adm. Code 725.Subparts C and
D and with 35
III. Adm.
Code 725.116
and 728.107(a)(5).
c)
Accumulation near the point of generation.
1)
A generator may accumulate as much as
55
gallons of hazardous
waste
or one quart of acutely hazardous waste
listed
in
35
III.
Adm.
Code 721.133(e)
in containers ator near any point of
generation where wastes initially accumulate that is under the
control
of the operator of the process
generating the waste
without a permit or interim Status and without complying
with
subsection
(a) of this Section,
provided the generator does the
following:
*
*
*
B)
Marks the generator’s containers either with the words
“Hazardous Waste”
or with other words that
identify the
contents of the containers.
6
12.
Section 725.273 of the Board Hazardous Waste Operatirig Regulations, 35
III.
Adm. Code 725.273,
provides, in
pertinent part,
as follows:
a)
A container holding hazardous waste
must always be
closed during
storage, except when
it is necessary to
add or remove waste.
13.
Section
733.144(e) of the Board’s Standards For Universal
Waste Management
Regulations,
35
III. Adm.
Code 733.144(e),
provides:
A small quantity handler of universal
waste shall label or mark the universal waste to
identify the type of universal waste asfoflows:
e)
Each
lamp or a container or package in which such
lamps are
contained
must be
labeled or clearly marked
with
one
of the following
phrases:
“Universal
Waste--Lamps”, “Waste
Lamps” or “Used
Lamps”.
14.
Section
808.121(a) of the Board’s Solid Waste and
Special Waste
Hauling
Regulations,
35
III.
Adm.
Code 808.121 (a),
provides as
follow:
a)
Each
person who generates waste shall determine whether the waste
is
a
special waste.
15.
On
March
19,
2004,
Illinois EPA conducted
a RCRA Compliance
Evaluation
Inspection at the facility to determine the regulatory status
of the facility
and the facility’s
compliance with the Act and
Board
Regulations.
The inspector reviewed
disposal
documentation, the contingency plan,
and training
records at the facility.
Furthermore, the
inspector walked through the facility with the facility’s Safety
Coordinator.
16.
Four drums of wastes from the production of aerosol
hair spray were
located
behind
the facility building.
None of the drums had
a hazardous
waste label or an accumulation
date
on them.
A fiber drum
located near the aerosol production
line,
was approximately 3/4 full
of defective product cans.
The fiber drum was uncovered
and
did not have a
hazardous waste
label.
17.
Packages containing waste fluorescent bulbs were
not labeled
with the phrase
“Universal Waste-Lamps”, “Waste
Lamps” or “Used
Lamps.”
7
18.
The Respondent has not been shipping the hazardous aerosol
line waste off site
within 90
days, and
has
not been
inspecting
the containers of hazardous
waste from
defective
aerosol cans weekly.
19.
The Respondent has not determined whether the rejected waste
aerosol
containers were
special waste,
nor certified
in
a written statement that the containers were
outside the scope of categories
listed
in section
(1) of subsection
(c) of Section
3.475 of the
Act.
20.
By failing
to label the drums
outside the facility “hazardous waste” and affixing
an
accumulation date, Respondent has
violated Section 722.1 34(a)(2) and
(a)(3) of the Board’s
Hazardous Waste
Operating
Regulations,
35
Ill.
Adm. Code 722.134(a)(2),
(a)(3).
21.
By failing to label the fiber drum near the aerosol
production line “hazardous
waste,” Respondent has violated Section
722.134(c) of the Board’s Hazardous Waste
Operating
Regulations,
35
III. Adm.
Code 722.134(c).
22.
By failing
to
label the packages containing waste fluorescent bulbs with the
phrase “Universal Waste-Lamps”,
“Waste Lamps” or “Used
Lamps,” Respondent has violated
Section
733.144(e) of the Board’s Standards
For Universal Waste Management Regulations,
35
III. Adm.
Code 733.144(e).
23.
By failing
to cover the fiber drum near the aerosol
production
line, the
Respondent has violated
Section 725.273(a)
of the Board’s Hazardous Waste Operating
Regulations,
35
III.
Adm.
Code 725.273(a).
24.
By failing
to
manage ~hediscarded waste aerosol
containers as
special waste
nor certify in a written statement that the waste was
outside the scope of section
(1) of
subsection
(c) of Section
3.475 of the Act, Respondent has
violated Section
22.48 of the Act,
8
415
ILCS 5/22.48 (2002) and
Section 808.121 (a) of the Board’s Solid Waste
and
Special
Waste Hauling Regulations,
35
III. Adm.
Code 808.121 (a).
25.
By storing
hazardous waste
in a manner that does
not meet the standards of the
Act or Board
Regulations, Respondent has violated Section
21(e) of the Act, 415
ILCS
5/21 (e)(2002).
26.
By engaging in
an act which produces
hazardous waste in violation of Board
Regulations,
Respondent has violated
Section 21(i) of the Act, 415 ILCS 5/21(i)
(2002).
PRAYER
FOR RELIEF
WHEREFORE, the Complainant, People of the State of
Illinois, respecifully
requests
that this Board enter an Order against the Respondent,
CONAIR CORPORATION:
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) of the Act, 415
ILCS 5/42(a)
(2002),
impose a
civil
penalty of not more
than the statutory maximum;
E.
Pursuant to
Section 42(f) of the 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
HAZARDOUS WASTE
MANAGEMENT VIOLATIONS
9
1-19.
Complainant realleges and
incorporates
herein
by reference paragraphs I
through
6 of Count
I
as paragraphs
1
through 6 of this Count III.
Complainant realleges and
incorporates herein
by reference paragraphs 7 through
19 of Count
II as paragraphs
7 through
19 of this Count III.
20.
Section 725.113 of the Board’s
Interim
Status Standards
For Owners And
Operators Of Hazardous Waste
Treatment,
Storage, And
Disposal Facilities
Regulations,
35
III.
Adm. Code 725.113,
provides,
in pertinent part,
as
follows:
a)
Waste
analysis:
1)
Before an owner or operator treats,
stores, or disposes
of any
hazardous wastes, or non-hazardous wastes if applicable under
Section 725.213(d), the owner or operator shall obtain a detailed
chemical
and
physical analysis of a representative sample of the
wastes.
At
a minimum, the analysis must contain all the
information
that must be
known to treat,
store,
or dispose of the
waste in accordance with this Part
and
35
III.
Adm.
Code 728.
*
*
*
b)
The owner or operator shall develop
and follow a written waste analysis
plan that describes the procedures that the owner or operator will carry
out to comply with
subsectiOn
(a) of this Section.
The owner or operator
shall keep
this
plan at the facility....
21.
Section 725.114(c) of the Board’s Interim Status Standards For Owners And
Operators Of Hazardous Waste Treatment,
Storage, And
Disposal
Facilities Regulations,
35
Ill.
Adm. Code 725.114(c), provides as follows:
c)
Unless exempt under subsection
(a)(1) or (a)(2) above,
a sign with the
legend,
“Danger--Unauthorized Personnel
Keep Out,”
must be posted
at
each entrance
to the active portion of a facility and
at other locations
in
sufficient numbers to
beseen
from any approach
to this active portion.
The sign
must
be legible from
a distance of at least
25 feet.
Existing
signs with a
legend
other than
“Danger--Unauthorized Personnel
Keep
Out” may be
used
if the legend
on the
sign indicates
that only authorized
personnel are allowed
to enter the active portion
and that entry onto the
active portion
can
be dangerous.
22.
Section
725.173(a) of the Board’s Interim Status
Standards For Owners And
Operators Of Hazardous Waste Treatment,
Storage, And
Disposal Facilities Regulations,
35
III.
Adm. Code 725.173(a),
provides,
in
pertinent part,
as follows
a)
The owner or operator shall keep a
written operating
record
at the facility.
23.
During the RCRA Compliance
Evalutation
Inspection,
Illinois
EPA reviewed
documents maintained at the facility and looked for documents that are required to
be
maintained at the facility.
24.
The Respondent did
not have on-site analysis results indicating that a detailed
chemical and
physical analysis of the facility wastes
had
been
done, a written waste analysis
plan,
nor a written operating
record containing information such
as the quantity and
location of
each hazardous waste,
method
of treatment,
and the results of the waste analysis.
25.
The Respondent did
not have signs with
the legend
“Danger-Unauthorized
Personnel
Keep Out” posted at
each entrance in sufficient numbers to
be seen from any
approach
and
legible from a distance of at least
25 feet.
26.
By failing
to
have on
site analysis results indicating that a detailed
chemical and
physical
analysis of the facility wastes
had
been done,
Respondent has violated
Section
725.113(a)(1)
of the Board’s Interim Status
Standards For Owners And
Operators Of
Hazardous Waste Treatment,
Storage, And
Disposal
Facilities
Regulations,
35
III.
Adm.
Code
725.11 3(a)(1).
27.
By failing to develop and follow a written analysis
plan that describes the
procedures to
perform a chemical
and
physical analysis of the facility wastes,
Respondent has
violated
Section 725.113(b) of the Board’s Interim Status Standards For Owners And Operators
Of Hazardous
Waste Treatment, Storage,
And
Disposal
Facilities Regulations,
35
III. Adm.
Code 725.113(b).
11
28.
By failing
to maintain
a written
operating
record containing the information
required in
Section 725.173(b); Respondent has
violated Section 725.173(a) of the Board’s
Interim Status Standards For Owners And
Operators Of Hazardous
Waste Treatment,
Storage,
And
Disposal
Facilities Regulations,
35
Ill. Adm. Code 725.173(a).
29.
By failing
to post signs with the
legend “Danger-Unauthorized
Personnel Keep
Out” posted
at each
entrance in
sufficient numbers
to be seen from any approach and
legible
from a distance of at least 25 feet,
Respondent has violated Section 725.114(c) of the Board’s
Interim Status Standards For Owners And
Operators Of Hazardous Waste
Treatment,
Storage,
And
Disposal
Facilities Regulations,
35111. Adm.
Code 725.114(c).
30.
By engaging
in an
act which produces hazardous waste
in violation
of Board
Regulations,
Respondent has violated
Section 21(i) of the Act, 415
ILCS 5/21(i)
(2002).
PRAYER
FOR RELIEF
WHEREFORE, the Complainant,
People of the State of Illinois, respectfully requests
that this Board
enter an
Order against the Respondent,
CONAIR CORPORATION:
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;
0.
Pursuant to
Section 42(a)
of the Act, 415
ILCS 5/42(a)
(2002),
impose a civil
penalty of not more than the statutory maximum;
E.
Pursuant
to
Section 42(f) of the Act, 415
ILCS 5/42(f) (2002),
award the
Complainant its costs
in
this matter,
including reasonable
attorney’s fees and
costs; and
12
F.
Grant
such other and
further relief as the Board deems appropriate.
COUNT IV
HAZARDOUS WASTE EMPLOYEE TRAINING VIOLATIONS
1-19.
Complainant realleges and
incorporates herein
by reference paragraphs
1
through 6 of Count
I as paragraphs
1
through 6 of this Count IV.
Complainant realleges and
incorporates herein
by reference paragraphs 7 through
19
of Count II as paragraphs 7 through
19
of this Count IV.
20.
Section
725.116 of the Board’s
Interim
Status
Standards For Owners And
Operators Of Hazardous Waste Treatment,
Storage, And
Disposal
Facilities Regulations, 35
III.
Adm.
Code 725.116, provides:
a)
1)
Facility
personnel
must successfully complete a program of classroom
instruction or on-the-job training that teaches them to
perform their duties
in a way that ensures thefacility’s compliance with the requirements of
this part.
The owner or operator must ensure that this program includes
all the elements described
in
the document required under paragraph
(d)(3)
of this section.
2)
This program must be
directed by a
person trained
in
hazardous waste
management procedures,
and must include instruction which teaches
facility
personnel hazardous waste
management procedures
(including
contingency plan implementation) relevant
to the positions
in which they
are
employed.
3)
At a minimum, the training
program must be
designed to ensure that
facility personnel
are able to respond
effectively to emergencies by
familiarizing them with emergency procedures,
emergency equipment
and
emergency systems,
including where applicable:
A)
Procedures
for using,
inspecting, repairing
and
replacing facility
emergency and
monitoring equipment;
B)
Key parameters for automatic waste feed
cut-off systems;
C)
Communications
or alarm systems;
13
D)
Response to fires or explosions;
E)
Res.ponse to groundwater contamination incidents;
and
F)
Shutdown
of operations.
b)
Facility personnel must
successfully complete the program required in
paragraph
(a) of this section upon
the effective date of these regulations or six months after
the date of their employment
or assignment to a facility or to a new
position at a
facility, whichever is later.
Employees hired after the effective date
of these
regulations must
not work in
unsupervised
positions until they have
completed
the training
requirements of paragraph (a) of this section.
c)
Facility
personnel
must take part in an
annual review of the initial training
required
in paragraph (a) of this section.
d)
The owner or operator must maintain the following documents
and records
at the
facility:
1)
The job title for each position at the facility related to
hazardous waste
management
and the name of the employee filling
each job;
2)
A written job description
for each
position
listed
under paragraph (d)(1) of
this section.
This description
may be consistent in
its degree of
specificity with descriptions for other similar
positions in
the same
-
company location or bargaining
unit,
but must include the requisite skill,
education or other qualifications and
duties of facility personnel
assigned
to each position;
3)
A written
description of the type and amount of both introductory and
continuing training that will be given to each
person filling
a position listed
underparagraph
(d)(1) of this section;
4)
Records that document that the training
or job experience
required
under
paragraphs (a),
(b) and
(c) of this section has been given
to
and
completed by facility personnel.
21.
During the RCRA Compliance Evalutation
Inspection,
Illinois
EPA reviewed
documents
maintained at the facility and
looked for documents that are
required to
be
maintained
at the facility.
22.
There was
no documentation at
the facility ihdicating that required training for
hazardous waste
received
by all
facility personnel, that facility personnel were trained within six
14
months of being
hired
into or transferred to a new
position dealing with
liazardous waste, that
facility personnel were taking
part
in an annual
review of the training,
nor documentation with
the job title,
name,
description,
training or experience for each position
related to
hazardous
waste.
23.
By failing
to administer the required training for hazardous waste to
the facility
personnel,
Respondent has violated Section
725.116(a) of the Board’s Hazardous Waste
Operating
Regulations,
35111. Adm.
Code 725.116(a).
24.
By failing
to train facility personnel who
have
been
newly hired or transferred
to a
position dealing with
hazardous waste, Respondent has
violated
Section 725.116(b) of the
Board’s Hazardous
Waste Operating
Regulations,
35111. Adm.
Code 725.116(b).
25.
By failing to have an annual
review of the training for the facility personnel,
Respondent has violated
Section 725.116(c) of the Board’s Hazardous Waste Operating
Regulations,
35
III. Adm.
Code 725.116(c).
26.
By failing to maintain documentation that listed
the job title,
name,
description,
and training, Respondent has violated Section
725.116(d) of the Board’s Hazardous Waste
Operating Regulations, 35
III.
Adm. Code
725.116(d).
27.
By failing to
comply with the requirements of Section
725.116, Respondent has
violated Section
722.134(a) of the Board’s Hazardous Waste
Operating Regulations,
35
III.
Adm.
Code 722.134(a).
28.
By engaging
in an
act which produces hazardous
waste in violation of Board
Regulations,
Respondent
has violated Section
21(i) of the Act, 415
ILCS 5/21(i) (2002).
PRAYER FOR RELIEF
WHEREFORE, the Complainant,
People of the.State of Illinois, respectfully requests
that this Board
enter an
Order against the Respondent,
CONAIR CORPORATION:
15
A.
Authorizing
a hearing
in this matter
at which time the Re~pondent
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;
0.
Pursuant
to Section 42(a) of the Act, 415 ILCS 5/42(a) (2002),
impose a
civil
penalty of not more than
the statutory maximum;
E.
Pursuant to Section
42(f) of the 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 V
HAZARDOUS WASTE PERMIT VIOLATIONS
1-19.
Complainant
realleges and
incorporates herein
by reference paragraphs I
through
6 of Count
I
as paragraphs
1
through 6 of this Count V.
Complainant realleges and
incorporates
herein
by reference paragraphs 7 through
19 of Count
II as paragraphs 7 through
19
of this Count V.
20.
Section 702.110 of the Board’s RCRA and
UIC Permit Programs
Regulations, 35
Ill. Adm.
Code 702.110, provides the following definitions:
“Hazardous waste management facility” or “HWM facility”
means all contiguous
land and structures, other appurtenances,
and
improvements on the
land, used
for treating,
storing, or disposing of “hazardous waste”.
A facility may consist of
several treatment,
storage, or disposal operational units
(for example, one
or
more
landfills, surface
impoundments, or combinations of them).
“HWM facility” (RCRA) means Hazardous waste
management facility.
16
~/
—~
—
21.
Section 703.121 of the Board’s RCRA Permit Program
R~guIations,
35
III. Adm.
Code 703.121, provides
in pertinent
part,
as follows:
a)
No person
may conduct any
hazardous waste storage,
hazardous waste
treatment, or hazardous waste disposal
operation as follows:
1)
Without a RCRA permit for the HWM
(hazardous waste
management) facUity;
or
b)
An owner or operator of a HWM unit must have
permits during
the active
life
(including the closure period) of the
unit.
An owner or operator of a
surface impoundment,
landfill,
land treatment unit, or a waste pile unit
that
received wastes after July 26,
1982,
or that certified closure
(according
to 35
Ill.
Adm.
Code 725.21 5) after January 26,
1983,
must
have a post-closure
care permit,
unless
it demonstrates closure by
removal
or decontamination,
as
provided
under Sections
703.159 and
703.160, or obtains enforceable documents containing alternative
requirements,
as provided under Section 703.161.
If a post-closure care
permit is required, the permit must address
applicable 35
III. Adm.
Code
724 groundwater
monitoring,
unsaturated zone
monitoring,
corrective
action,
and
post-closure care requirements.
22.
Section
703.150 of the Board’s RCRA Permit Program
Regulations, 35
III. Adm.
Code 703.150, provides,
in
pertinent part, as follows:
a)
The owner or operator of an existing HWM facility or of an
HWM facility in
existence on the effective date of statutory or regulatory amendments
that render the facility subject
to the requirement to
have
a RCRA permit
must submit Part A of the permit application to the Agency no
later than
the following times,
whichever comes first:
2)
Thirty days after the date the owner or operator first becomes
subject
to the standards in
35
III.
Adm. Code
725 or 726; or
23.
By storing
hazardous
waste at the facility for greater then
90 days, the facility is
considered
a hazardous
waste storage
facility under Section
722.134 of the Board’s Hazardous
Waste Operating
Regulations,
35
III.
Adm.
Code 722.134.
Therefore, the facility is
required
to
have a RCRA permit under Section
703.123 of the Board’s RCRA Permit Program
Regulations,
35
Ill. Adm.
Code 703.123.
17
24.
By not applying for a RCRA permit within 30 days of first becoming
a
hazardous
waste storage facility, thereby subject
to
the standards
in 35
III. Adm.
Code 725 or 726,
Respondent has violated
Section
703.150 of the Board’s RCRA Permit Program Regulations,
35
III. Adm. Code 703.150.
25.
By storing
hazardous waste without
a RCRA permit, including during
the active
life of the facility, Respondent has
violated Section
21 (f)(1) of the Act, 415
ILCS
5/21(f)(1)(2002), and Section
703.121(a)(1) and
(b) of the Board’s RCRA Permit Program
Regulations,
35
Ill. Adm.
Code 703.121(a)(1),
(b).
26.
By storing
hazardous waste in
violation of regulations adopted by the
Board,
Respondent has violated
Section
21(f)(2) of the Act, 415 ILCS 5/21(f)(2)(2002).
27.
By engaging
in an
act which produces hazardous waste
in violation of Board
Regulations,
Respondent has violated
Section 21(i) of the Act, 415
ILCS 5/21(i)
(2002).
PRAYER
FOR RELIEF
WHEREFORE, the Complainant,
People of the State of Illinois, respectfully requests
that this Board enter an
Order against the Respondent,
CONAIR CORPORATION:
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)
of the Act, 415
ILCS 5/42(a) (2002),
impose a civil
penalty of not more than the statutory maximum;
18
E.
Pursuant to
Section 42(f) of the Act, 415 ILCS 5/42(f) (2q02), 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 VI
HAZARDOUS WASTE
REPORTING
VIOLATIONS
1-19.
Complainant realleges and
incorporates
herein
by reference paragraphs
1
through 6 of Count
I
as paragraphs
1
through
6 of this Count VI.
Complainant realleges and
incorporates
herein
by reference paragraphs 7 through
19 of Count
II as paragraphs 7 through
19
of this Count VI.
20.
Section
722.141(a) of the Board’s Standards for Generators of Hazardous
Waste Regulations,
35
Ill.
Adm. Code 722.141 (a),
provides,
in pertinent
part, as
follows:
a)
A generator who ships
any hazardous waste off-site to
a treatment,
storage
or disposal facility within the United
States shall prepare and
submit a single copy of an
annual
report to
the Agency by
March
1
for the
preceding
calendar year.
The annual
report must be submitted
on a form
supplied
by the Agency,
and must cover generator activities during
the
previous calendar year....
21.
Section 722.142 of the Board’s Standards for Generators of Hazardous Waste
Regulations,
35
Ill.
Adm.
Code 722.142, provides,
in pertinent part, as follows:
a)
Generators
of greater than
1000 kilograms of hazardous waste
in a
calendar month.
1)
A generator of greater than
1000 kilograms of hazardous waste
in
a calendar month who does
not receive a copy of the manifest
with the handwritten
signature of the owner or operator of the
designated
facility within 35
days of the date the waste was
accepted
by the
initial transporter must contact the transporter or
the owner or operator of the designated facility to determine the
status of the hazardous waste.
2)
A generator of greater than
1000 kilograms of hazardous wastein
a calendar month must submit
an Exception Report to the Agency
19
if the generator has not received a copy of the manifest with the
handwritten signature
of the owner or operator of the designated
facility within 45
days of the date the waste was accepted
by the
initial transporter...
22.
Section 725.175
of the Board’s Interim Status
Standards For Owners And
Operators Of Hazardous Waste Treatment,
Storage, And
Disposal
Facilities
Regulations,
35
Ill.
Adm.
Code 725.175,
provides,
in pertinent
part,
as follows:
The owner and
operator shall prepare
and submit a single
copy of an annual
report
to the Agency by March
1
of each year.
The report form and
instructions
supplied by the Agency must be used
for this report.
The annual
report
must
cover facility activities during the previous calendar year...
23.
During the RCRA Compliance Evaluation
Inspection,
Illinois
EPA reviewed
hazardous waste
reporting for the facility.
24.
The Respondent generates over 2,200
pounds of hazardous
waste per month.
25.
The Respondent
shipped
hazardous waste
off-site to a facility within the United
States,
and failed to submit an annual
report to
the Illinois EPA for the year2003.
26.
By failing to
submit an annual
report to the
Illinois EPA for the off-site shipment
of hazardous
waste for the year 2003,
Respondent has violated
Section 722.141 (a) of the
Board’s Standards for Generators
of Hazardous Waste
Regulations, 35
III. Adm. Code
722.141(a).
27.
A copy of manifests
IL
10685490 and
IL 10752502,
with the signature of the
owner or operator of the designated facility that the hazardous waste
was delivered to,
was not
received by the
Illinois
EPA from the Respondent within 35 days
of the date the hazardous
waste was
received by the transporter.
28.
The Respondent did not make the required
contactwith the designated facility to
determine the status of the hazardous waste,
nor did the Respondent file an
Exception
Report
20
with the Illinois
EPA when they
did not receive a signed copy of the
maqifests within 45 days of
the transporter receiving the hazardous waste.
29.
By not making the required contact with the owner or operator after not receiving
a signed copy of the manifests within 35
days of the transporter receipt, nor filing an
Exception
Report with the Illinois
EPA after 45 days of not receiving a
copy of the signed
manifests,
Respondent has
violated
Section 722.142(a)(1) and (a)(2) of the
Board’s Standards for
Generators of Hazardous Waste
Regulations,
35
III. Adm.
Code 722.142(a)(1),
(a)(2).
30.
The Respondent did
not submit an annual hazardous waste report for the year
2003.
31.
By failing
to submit an
annual hazardous waste
report, Respondent has
violated
Section 725.175 of the Board’s Interim Status
Standards For Owners And
Operators Of
Hazardous Waste Treatment,
Storage, And
Disposal
Facilities Regulations,
35
III.
Adm.
Code
725.175.
32.
By engaging in an
act which produces hazardous waste
in violation
of Board
Regulations,
Respondent has
violated Section 21(i) of the Act, 415
ILCS 5/21(i)
(2002).
PRAYER FOR
RELIEF
WHEREFORE, the Complainant,
People of the State
of Illinois, respectfully requests
that this Board
enter an
Order against the Respondent, CONAIR CORPORATION:
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;
21
D.
Pursuant to Section 42(a) of the Act, 415 ILCS
5/42(a) (2002),
impose
a civil
penalty of not more
than the statutory maximum;
E.
Pursuant to
Section 42(f) of the 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 VII
HAZARDOUS WASTE
CONTINGENCY PLAN VIOLATIONS
1-19.
Complainant realleges and
incorporates
herein
by reference paragraphs
1
through 6 of Count
I as paragraphs I
through 6 of this Count VII.
Complainant realleges and
incorporates herein
by reference paragraphs
7 through
19 of Count
Il
as paragraphs 7 through
19 of this Count VII.
20.
Section 725.152
of the Board’s Interim Status Standards For Owners And
Operators Of Hazardous Waste Treatment,
Storage, And
Disposal Facilities Regulations,
35
Ill.
Adm.
Code 725.152,
provides in pertinent part,
as follows:
a)
The contingency plan
must describe the actions facility personnel
must
take to
comply with
Sections 725.151
and
725.156 in
response to fires,
explosions, or any unplanned sudden
or non-sudden
release of
hazardous waste or hazardous waste constituents to air,
soil, or surface
water at the facility.
*
*
*
c)
The
plan
must describe
arrangements agreed to
by local police
department, fire departments,
hospitals, contractors, and
state and
local
emergency response teams to coordinate emergency services,
pursuant
to
Section 725.137.
d)
The plan must list
names,
addresses, and phone numbers (office and
home) of all persons qualified to
act as emergency coordinator (see
Section 725.155),
and this
list must be
kept up to date.
Where
more
than one person is listed
one must be
named
as primary emergency
coordinator and others
must be
listed
in the order in which they will
assume responsibility as
alternates.
22
e)
The
plan must include
a
list of all emergency equipment at the facility
such
as fire extinguishing systems,
spill control
equipment,
communications and
alarm systems (internal
and external),
and
decontamination
equipment
where this equipment is required.
This list
must be kept up to date.
In
addition, the
plan
must include the location
and
a physical
description of each item on the list and a brief outline of its
capabilities.
21.
Section 725.153 of the Board’s Interim Status
Standards For Owners And
Operators Of Hazardous
Waste Treatment,
Storage, And
Disposal
Facilities Regulations,
35
Ill.
Adm.
Code 725.153,
provides,
in pertinent part,
as follows
A copy of the contingency plan and
all revisions to
the plan must be:
a)
Maintained
at the facility; and
b)
Submitted to
all
local police departments,
fire departments,
hospitals and
state and local emergency response teams that may
be called
upon to
provide emergency
services.
22.
Section 725.155
of the Board’s Interim Status
Standards For Owners And
Operators Of Hazardous
Waste Treatment,
Storage, And
Disposal
Facilities
Regulations,
35
III.
Adm.
Code 725.155,
provides,
in
pertinent part,
as. follows:
At all times, there
must be at
least one employee either on the facility premises
or on
call
(i.e., available
to respond
to an
emergency by reaching
the facility
within
a short period
of time) with the responsibility for coordinating
all
emergency response
measures.
This emergency coordinator must be
thoroughly familiar with all aspects of the facility’s
contingency plan,
all
operations
and activities
at the facility, the location and characteristics of waste
handled, the location of all records within the facility and the facility
layout.
In
addition,
this person must have the authority
to commit the resources needed to
carry out the contingency plan.
Comment:
The emergency coordinator’s responsibilities are
more fully spelled
out in
§
725.156.
Applicable responsibilities for the emergency coordinator vary,
depending
on factors such as type and variety of waste(s) handled by the facility
and
type and complexity of the facility.
23.
The contingency plan
had
numerous deficiencies:
no description
of actions
facility personnel must take
in
response to fires,
explosions, or any planned or unplanned
23
release of hazardous constituents
into the environment,
no description
Qf arrangements
agreed
to by local police departments, fire departments,
hospitals, contractors, and
State and
local
emergency response teams to coordinate emergency services,
no list of names,
addresses,
and
phone
numbers
(home and
office) of all persons qualified to
act as emergency
coordinators,
and
no list of all emergency equipment and
decontamination equipment
at the
facility nor a physical description or brief outline of each equipment’s capabilities.
24.
The Respondent failed
to submit a copy of the contingency plan
to all
local police
departments, fire departments,
hospitals, and
emergency response teams that may be
called
upon to
provide emergency services.
25.
The Respondent failed to designate an
emergency coordinator who was
thoroughly familiar with
all aspects of the facility’s contingency
plan, all
operations and activities
at the facility, the location
and
characteristics of waste handled, the location of
all records
within
the facility and the facility layout.
26.
By failing
to
have in
the contingency plan a description
of actions facility
personnel
must take
in response
to fires,
explosions, or any planned or unplanned
release of
hazardous constituents into the environment,
Respondent has violated
Section
725.152(a) of
the Board’s Interim Status
Standards For Owners And
Operators Of Hazardous Waste
Treatment,
Storage, And
Disposal Facilities
Regulations,
35
Ill.
Adm.
Code 725.152(a).
27.
By failing to include
in
the contingency plan a description of arrangements
agreed to by local police departments, fire departments, hospitals,
contractors, and
State and
local emergency response teams to coordinate
emergency services,
Respondent has violated
Section 725.152(c) of the Board’s Interim Status Standards For Owners And Operators Of
Hazardous Waste
Treatment, Storage,
And
Disposal
Facilities Regulations,
35
Ill. Adm.
Code
725.152(c).
24
28.
By failing
to have
in the contingency plan
a
list of names,
addresses, and
home
and office
phone
numbers of all persons qualified to act as emergency coordinators,
Respondent has violated Section
725.152(d)
of the Board’s Interim Status
Standards For
Owners And
Operators Of Hazardous Waste Treatment,
Storage, And
Disposal Facilities
Regulations,
35
III.
Adm.
Code 725.152(d).
29.
By failing
to include
in the contingency plan a list of all emergency equipment
and
decontamination equipment at the facility nor a physical
description
or brief outline
of each
equipment’s capabilities, Respondent has violated
Section
725.152(e) of the Board’s
Interim
Status
Standards For Owners And
Operators Of Hazardous Waste
Treatment,
Storage, And
Disposal
Facilities Regulations,
35
Ill. Adm.
Code 725.152(e).
30.
By failing
to submit a
copy of the contingency plan
to all
local police
departments, fire departments,
hospitals,
and emergency response teams that may be
called
upon to
provide emergency services,
Respondent has violated
Section
725.153 of the Board’s
Interim Status Standards For Owners And
Operators Of Hazardous Waste
Treatment, Storage,
And
Disposal Facilities Regulations, 35
III.
Adm.
Code 725.153.
31.
By failing
to have an
emergency coordinator who was thoroughly familiar with
all
aspects of the facility’s contingency plan,
all operations and activities
at the facility, the location
and
characteristics of waste
handled, the location of all
records within the facility and
the facility
layout was
not named for the facility, Respondent has violated Section
725.155 of the Board’s
Interim Status
Standards For Owners And
Operators Of Hazardous Waste Treatment,
Storage,
And
Disposal Facilities Regulations, 35
III. Adm.
Code 725.155.
32.
By engaging
in an act which produces
hazardous waste
in violation
of Board
Regulations,
Respondent has violated
Section 21(i) of the Act, 415 ILCS 5/21(i)
(2002).
PRAYER
FOR RELIEF
25
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board enter an Order against the Respondent, CONAIR CORPORATION:
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) of the Act, 415 ILCS
5/42(a) (2002),
impose a
civil
penalty
of not more
than the statutory maximum;
E.
Pursuant to
Section 42(f) of the 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 VIII
FAILURE TO NOTIFY EMERGENCY PERSONNEL
1-19.
Complainant
realleges and incorporates
herein
by reference paragraphs
1
through 6 of Count
I
as paragraphs I
through 6 of this Count VIII.
Complainant real leges and
incorporates
herein by reference paragraphs 7 through
19 of Count
II
as paragraphs 7 through
19
of this Count VIII.
20.
Section
725.133 of the Board’s Interim Status Standards For Owners And
Operators Of Hazardous
Waste Treatment,
Storage, And Disposal
Facilities
Regulations,
35 Ill.
Adm. Code 725.133, provides as
follows:
All facility communications or alarm systems,
fire protection equipment, spill
control
equipment and decontamination
equipment, where required,
must be
26
tested and maintained as
necessary to assure
its proper operation
in time of
emergency.
21.
Section 725.137 of the Board’s Interim Status
Standards For Owners And
Operators Of Hazardous Waste
Treatment,
Storage, And
Disposal
Facilities
Regulations,
35
Ill.
Adm. Code 725.137, provides,
in pertinent part,
as
follows:
The owner or operator must
attempt to
make
the following arrangements,
as
appropriate for the type of waste
handled
at
his facility and
the potential
need for
the services
of these organizations:
1)
Arrangements to familiarize police, fire departments and
emergency
response teams with the layout
of the facility,
properties of hazardous
waste
handled at the facility and associated
hazards,
places where facility
personnel would
normally be working, entrances to roads inside
the
facility
and possible
evacuation routes;
22.
There were
no records
at the facility documenting the testing
of facility
communications or alarm systems, fire protection equipment,
spill control equipment and
decontamination
equipment, nor records
indicating that an
attempt was
made to familiarize
police, fire departments
and
emergency response
teams with the layout of the facility,
properties of hazardous waste handled at the facility and
associated
hazards,
places where
facility personnel would
normally be working, entrances to
roads inside the facility and
possible
evacuation
routes.
23.
By failing to test facility communications or alarm systems,
fire protection
equipment,
spill control
equipment and decontamination equipment, Respondent has
violated
Section
725.133 of the Board’s Interim Status
Standards
For Owners And Operators Of
Hazardous Waste Treatment, Storage,
And
Disposal
Facilities Regulations,
35
Ill. Adm.
Code
725.133.
24.
By failing
to familiarize police, fire departments
and emergency response teams
with the layout of the facility, properties of hazardous waste
handled at the facility and
27
associated hazards,
places where facility personnel would
normally be working, entrances to
roads
inside the facility and possible
evacuation routes,
Respondent has violated
Section
725.137 of the Board’s
Interim Status
Standards
For Owners And
Operators Of Hazardous
Waste Treatment,
Storage, And
Disposal
Facilities Regulations,
35
III. Adm.
Code 725.137.
25.
By engaging in an
act which
produces hazardous waste in
violation of Board
Regulations, Respondent has
violated Section
21(i) of the Act, 415
ILCS 5/21(i) (2002).
PRAYER
FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board
enter an Order against the Respondent,
CONAIR CORPORATION:
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) of the Act, 415 ILCS 5/42(a)
(2002),
impose a civil
penalty of not more than the statutory maximum;
E.
Pursuant to
Section 42(f) of the 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 IX
FAILURE TO PERFORM
EQUIPMENT INSPECTIONS
28
1-19.
Complainant realleges and
incorporates
herein
by referepce paragraphs
1
through 6 of Count
I
as paragraphs
1
through 6 of this Count IX.
Complainant
realleges and
incorporates
herein
by reference paragraphs 7 through
19
of Count
II as paragraphs 7 through
19 of this Count IX.
20.
Section 725.274 of the Board’s Interim Status
Standards For Owners And
Operators Of Hazardous Waste Treatment,
Storage, And
Disposal Facilities
Regulations, 35
Ill.
Adm.
Code 725.274, provides as follows:
The owner or operator shall inspect areas where containers are
stored
at least
weekly,
looking
for leaks and for deterioration caused
by corrosion or other
factors.
21.
Section 725.115 of the Board’s Interim Status Standards For Owners And
Operators Of Hazardous Waste Treatment,
Storage, And Disposal
Facilities Regulations,
35
III.
Adm.
Code 725.115, provides, in
pertinent part,
as
follows:
a)
The owner or operator shall inspect the facility for malfunctions and
deterioration,
operator errors
and discharges
that may be
causing-or may
lead to-the conditions
tisted below.
The owner or operator shall conduct
these inspections
often enough
to identify
problems in time to
correct
them
before they harm human health or the environment.
1)
Release of hazardous waste
constituents to the environment,
or
2)
A threat to
human
health.
b)
Written
schedule.
1)
The owner or operator shall develop and follow a written schedule
for inspecting
all monitoring
equipment, safety
and emergency
equipment, security devices,
and
operating
and
structural
equipment (such
as
dikes and
sump
pumps) that are important to
preventing,
detecting,
or responding
to environmental or human
health hazards.
2)
The owner or operator shall keep this schedule at the facility.
3)
The schedule must identify the types of
problems
(e.g.,
malfunctions or deterioration) that are to be
looked for during
the
29
inspection
(e.g., inoperative sump pump,
lpaking fitting,
eroding
dike, etc.).
4)
The frequency
of inspection
may vary for the items on the
schedule.
However,
the frequency should
be based on the
rate of
deterioration of the equipment
and the probability of
an
environmental or human health incident
if
the deterioration,
malfunction, or any operator error goes
undetected
between
inspections.
Areas subject
to spills,
such as
loading
and
unloading
areas,
T(~~t
be inspected
daily when
in
use...
d)
The owner or operator shall record inspections
in an
inspection
log or summary~The owner or operator shall keep these records
for at least three years
from the date of inspection.
At a minimum,
these
records
must include the date and time of the inspection,
the name of the inspector,
a notation of the observations
made
and the date,
and
nature of any repairs or other remedial
actions.
22.
There
were no
records
documenting that the containers of
hazardous waste from
defective
aerosol cans
were inspected weekly,
nor that the facility was being
inspected for
malfunctions and
deterioration,
operator errors, and discharges that
may be causing
or may
lead
to a release of a hazardous waste.
Furthermore,
there was no written
schedule for
inspecting all
monitoring,
safety and emergency equipment and the operator did
not record the
required inspections
in
a log
or summary.
23.
By.failing
to inspect the containers of hazardous waste from defective
aerosol
cans weekly,
Respondent has violated Section
725.274 of the Board’s Interim Status
Standards
For Owners And Operators Of Hazardous Waste Treatment,
Storage, And
Disposal Facilities
Regulations,
35
III. Adm.
Code 725.274.
24.
By failing to inspect the facility for malfunctions and deterioration,
operator
errors,
and discharges
that may be
causing
or may
lead to
a release
of a hazardous waste,
Respondent has violated
Section
725.115(a) of the Board’s Interim Status
Standards
For
Owners And
Operators Of Hazardous Waste Treatment,
Storage,
And
Disposal
Facilities
Regulations,
35111.
Adm.
Code 725.115(a).
-
30
25.
By failing
to develop and follow written schedule
for inspecting all
monitoring,
safety and emergency equipment, Respondent has
violated Section 725.115(b) of the Board’s
Interim Status Standards For Owners And
Operators Of Hazardous Waste Treatment,
Storage,
And
Disposal Facilities Regulations,
35111. Adm.
Code 725.115(b).
26.
By failing
to record the required inspections
in
a log
or summary,
Respondent
has
violated Section
725.115(d) of the Board’s
Interim
Status Standards For Owners And
Operators Of Hazardous Waste Treatment,
Storage, And
Disposal
Facilities
Regulations,
35
Ill.
Adm.
Code 725.115(d).
27.
Byengaging
in an
act which produces hazardous waste
in violation
of Board
Regulations,. Respondent has violated
Section 21(i) of the Act, 415
ILCS 5/21(i)
(2002).
PRAYER FOR RELIEF
WHEREFORE, the Complainant,
People of the
State of Illinois, respectfully requests
that this Board
enter an Order against the Respondent, CONAIR CORPORATION:
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) of the Act, 415
ILCS 5/42(a) (2002),
impose a.civil
penalty of not more than the statutory
maximum;
E.
Pursuant to Section
42(f) of the 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.
31
COUNTX
CLOSURE PLAN VIOLATIONS
1-19.
Complainant realleges and
incorporates
herein
by reference paragraphs
1
through 6 of Count
I as paragraphs
1
through 6 of this Count X.
Complainant realleges and
incorporates
herein
by reference paragraphs
7 through
19 of Count
II as paragraphs
7 through
19
of this Count X.
20.
Section
725.212(a) of the Board’s Interim Status
Standards For Owners And
Operators Of Hazardous Waste
Treatment,
Storage, And Disposal
Facilities
Regulations,
35
Ill.
Adm.
Code 725.212(a), provides as follows:
a~
Written plan.
Within six months after the effective date
of the
rule that
first subjects a facility to provisions
of this Section, the owner or operator
of a hazardous
waste
management facility shall have
a written
closure
plan.
Until final closure
is completed and
certified
in accordance with
Section 725.215, a
copy of the most
current plan must be furnished to
the
Agency upon
request including request by
mail.
In
addition, for facilities
without approved plans,
it must also
be provided during
site inspections
on the day of inspectiOn to any officer,
employee,
or representative of the
Agency.
21.
Section 725.242(a) of the Board’s Interim Status
Standards For Owners And
Operators Of Hazardous Waste Treatment,
Storage, And
Disposal
Facilities
Regulations,
35
Ill.
Adm.
Code 725.242(a), provides ,in pertinent part,
as
follows:
a)
The owner or operator shall
have a detailed written estimate,
in current
dollars,
of the cost of closing
the facility
in accordance with the
requirements
in
Sections 725.211
through 725.215 and applicable
closure requirements
of Sections 725.278,
725.297, 725.328, 725.358,
725.380, 725.410, 725.451, 725.481, 725.504,
and 725.1102...
*
*
*
32
22.
Section 725.243 of the Board’s Interim Status
Standards For Owners And
Operators Of Hazardous Waste
Treatment,
Storage, And
Disposal
Facilities Regulations,
35
III.
Adm. Code 725.243, provides,
in pertinent part,
as
follows:
An owner or operator of each facility shall establish financial assurance for
closure of the facility.
23.
The Respondent did
not
have a written closure plan or a written estimate of the
cost of closing the facility.
Furthermore,
Respondent has
not established appropriate financial
assurance for the closure of the facility.
24.
By failing
to
have
a written
closure plan,
Respondent has
violated Section
725.212(a) of the Board’s Interim Status Standards
For Owners And Operators Of Hazardous
Waste Treatment,
Storage,
And Disposal
Facilities Regulations,
35
III. Adm.
Code 725.212(a).
25.
By failing to have a written
estimate of the cost of closing the facility, Respondent
has violated
Section
725.242(a) of the
Board’s Interim Status Standards For Owners And
Operators Of Hazardous
Waste Treatment,
Storage,
And
Disposal
Facilities Regulations,
35
III.
Adm. Code 725.242(a).
26.
By failing
to establish
appropriate financial
assurance for the closure of the
facility, Respondent has violated Section
725.243
of the Board’s Interim Status Standards
For
Owners And Operators
Of Hazardous Waste Treatment, Storage,
And
Disposal
Facilities
Regulations,
35
III. Adm.
Code
725.243.
27.
By engaging
in an act which produces
hazardous waste
in violation of Board
Regulations, Respondent has violated
Section 21(i) of the Act, 415
ILCS 5/21(i) (2002).
PRAYER FOR RELIEF
WHEREFORE, the Complainant,
People
of the
State
of Illinois, respectfully requests
that this Board
enter an Order against the Respondent,
CONAIR CORPORATION:~
33
A.
Authorizing
a hearing
in this matterat which time the Re~pondent
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) of the Act, 415
ILCS 5/42(a)
(2002),
impose a
civil
penalty of not more than the statutory
maximum;
E.
Pursuant to Section
42(f) of the 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.
Respectfully
submitted,
PEOPLE OF THE
STATE OF ILLINOIS,.
cx re/.
LISA MADIGAN,
Attorney General of the
State of
Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:________________________
THOMAS
DAVIS,
Chief
Environmental
Bureau
Assistant Attorney General
OF COUNSEL
KRISTEN LAUGHRIDGE
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
217/557-5767
Dated:
___________
34
