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
July 1,2005
RECEIVED
CLERK’S OFFICE
JUL
062005
STATE OF ILLINOIS
Pollution Control
Board
-o-.~-
Re:
People
v.
Laidlaw 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 theabove-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
•
TTY:
(217)
785-2771
•
Fiix:
(217)
782-7046
100
West
Riindolph
Stteec. ChicLigo.
Illinois
60601
•
(112)
814—3000
•
1”Ii:
(312)
814—3374
•
Fax:
(312)
814—3806
1001
1
ist
‘ii tin
C irhond tic
Illinois
62901
(61~)
5~i)
641)0
1
1
~
(61$)
~29 640)
I
i~
(61~)
o29
6416
OFFICE
OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
~.risten
L~j~~hridge
Environmental Bureau
500 South
Second Street
Springfield,
Illinois
62706
(217) 782-9031
RECEIVED
BEFORE
THE
ILLINOIS POLLUTION CONTROL BQARDCLERK’S OFFICE
PEOPLE OF THE STATE OF
)
JUL
062005
ILLINOIS,
)
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
vs.
)
PCBNo.
)
(Enforcement)
LAIDLAW
CORPORATION, an
Illinois
)
corporation,
)
)
Respondent.
)
NOTICE OF FILING
To:
Laidlaw Corporation
do S&R Registered
Agent Services,
Inc.
416 Main
Street,
Ste. 400
Peoria,
IL61602
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 Qifice
or
an attorney.
H
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 Enforcement/Asbestos
Litigation
BY
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
July
1,
2005
KRI$1~NtAUGHP~’E
Ass~ist~nt
Attorn1~’enera1
Environmental ~~reau
2
CERTIFICATE
OF SERVICE
I
hereby certify that
I did on
July
1,
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:
Laidlaw Corporation
do S&R Registered Agent Services,
Inc.
416 Main
Street,
Ste.
400
Peoria,
IL 61602
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
This filing
is submitted
on
recycled paper.
RECEIVED
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
PEOPLE OF THE STATE OF
)
JUL
06
2005
ILLINOIS,
)
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
).
)
PCBNo.
)
(Enforcement)
LAIDLAW CORPORATION, an Illinois
)
corporation,
)
Respondent.
)
ENTRY OF APPEARANCE
On
behalf
of
the
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
KRISTEN
LAUGHRIDGE, 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
BY~
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
July 1,2005
Assistant Attorney Qeneral
BEFORE THE
ILLINOIS POLLUTION
CONTROL BQ~~~ED
JUL
06
2005
PEOPLE OF THE STATE OF ILLINOIS,
)
ex rel.
LISA MADIGAN, Attorney General
)
STATE OF ILLINOIS
of the State of Illinois,
)
Pollution Control board
)
Complainant,
)
vs.
No.
o~
LAIDLAW CORPORATION, an
Illinois
)
corporation,
Respondent.
COMPLAINT
The PEOPLE
OF THE
STATE OF
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,
LAIDLAW
CORPORATION, as follows:
COUNT
I
HAZARDOUS WASTE
RECORDS
VIOLATIONS
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.
The Respondent,
Laidlaw Corporation (“Laidlaw”), is an
lJlinois corporation
in
good standing.
The registered agent is S&R Registered
Agent Service,
Inc. located
at 416
Main
St., Ste 400,
Peoria,
IL 61602.
4.
The Respondent owns and
operates a facility at 5326
Industrial Park Road,
Metropolis, Massac County,
Illinois.
The facility manufactures wire hangers
and dry cleaning
chemicals for use
in the retail
dry cleaning and
laundry industry.
The facility is considered
a
large quantity generator due to
the generation rates identified
in the February 20, 2004
investigation.
The facility
has approximately
127 employees working
in three
shifts five to
six
days per week.
5.
Section
21
of the Act, 415 ILCS
5/21
(2002),
provides,
in
pertinent part,
as
follows:
No person
shall:
***
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
full
access to adequate
records and the inspection
of 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.
6.
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
2
present or potential
hazard to human health or the envirqnment 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.
***
7.
Section
722.111
of the Board’s Hazardous Waste Operating
Requirement
Regulations,
35
III. Adm.
Code 722.111, provides, as follows:
A person who generates
a solid waste, as defined
in 35
III. Adm.
Code 721.102,
shall determine
if that waste is a hazardous waste
using the following
method:
a)
The person should first determine
if the waste
is excluded from
regulation
under 35
III. Adm.
Code 721.104.
b)
The person should then determine
if the waste is
listed
as a
hazardous
waste in
35
III.
Adm.
Code 721.Subpart
D.
c)
For purposes of compliance with
35
III. Adm. Code 728,
or
if the waste
is
not
listed as
a
hazardous waste in
35
Ill. Adm.
Code 721 .Subpart D, the
generator shall then
determine whether the waste is identified
in 35
III.
Adm.
Code 721
Subpart C by
either:
-
1)
Testing
the waste according
to the methods
set forth
in
35
III.
Adm.
Code 721 .Subpart C, or according
to an
equivalent method
approved
by the Board under
35
Ill. Adm.
Code 720.121; or
2)
Applying
knowledge of the hazard characteristic of the waste
in
light of the materials or processes
used.
d)
If the generator determines that the waste is hazardous,
the generator
shall refer to 35
III. Adm.
Code 724,
725,
728, and
733 for possible
exclusions
or restrictions pertaining
to the management of the specific
waste.
8.
Section 722.140(c) of the Board’s Hazardous Waste Operating
Requirement
Regulations,
35
Ill.
Adm.
Code 722.140(c), provides
as follows:
c)
A generator must
keep records of any test results, waste
analyses, or
other determinations made
in accordance with
Section 722.111
for at
least three years from the date that the waste was last sent to
on-site or
off-site treatment, storage,
or disposal.
3
9.
Section 722 of the Board’s Hazardous waste Operating F~equirement
Regulations,
35
III. Adm.
Code 722,
is implemented under the authority of Section
22.4 of the
Act, 415
ILCS 5/22.4 (2002).
10.
On February 20, 2004,
Illinois
EPA conducted an
inspection of the facility
including a walk-through and a records review.
Records inspected included
personhel training
records,
limited waste profile information, waste manifests, inspection
records for the
hazardous waste accumulation
area,
and the facility’s contingency plan.
11.
Waste profile information in the records showed that the facility’s waste paint
liquid
was hazardous for chromium.
The waste
paint was being
handled
as
a non-hazardous
waste.
No other documentation was
available for sample results
prior to
the waste
profile
indicating that the waste was hazardous.
12.
By not maintaining
records of any test results for the waste
paint liquid
for at
least three years from the date that the waste
paint liquid
was last sent to off-site treatment or
disposal,
Respondent has violated Section
722.140(c) of the Board’s Hazardous Waste
Operating Requirement Regulations,
35
III. Adm.
Code 722.140(c).
13.
By determining the waste paint liquid was
non-hazardous without supporting
documentation stating
thus,
the Respondent has failed to
perform
an adequate
hazardous
waste determination
in violation
of Section
722.111
of the
Board’s Hazardous Waste Operating
Requirement Regulations,
35
III. Adm.
Code 722.111.
14.
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).
15.
By conducting
a process which produces
hazardous waste
in violation
of
regulations or standards adopted
by the
Board under subsections
(a)
and (c) of Section
22.4 of
this Act, Respondent has violated
Section
21(i) of the Act, 415
ILCS 5/21 (i)(2002).
4
PRAYER FOR RELIEF
WHEREFORE,
the
Complainant,
People
of the State of Illinois, respectfully
requests
that this Board enter an
Order against the
Respondent, LAIDLAW
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
II
HAZARDOUS WASTE TRAINING VIOLATIONS
1-11.
Complainant
realleges and
incorporates herein
by reference paragraphs
1
through
11
of Count
I
as paragraphs
1
through 11
of this Count
II.
12.
Section 725.116(c) of the Board’s Hazardous Waste Operating Requirement
Regulations,
35
Ill. Adm.
Code 725.116(c), provides that a facility using
hazardous waste must
conduct update employee training on
hazardous waste
management
procedures.
5
13.
Section 725 of the Board’s Hazardous waste Operating
Requirement
Regulations,
35
III. Adm.
code 725,
is implemented under the authority of Section
22.4 of the
Act, 415 ILCS 5/22.4
(2002).
14.
On
June 2001,
Respondent conducted
its the most recent personnel
update
training
on hazardous waste management procedures
at
the facility.
15.
By not conducting
update employee training
on hazardous waste
management
procedures,
Respondent violated
Section
725.116 of the Board’s Hazardous Waste Operating
Requirement Regulations, 35
III.
Adm. Code 725.116.
16.
By conducting
a process which produces hazardous
waste in violation
of
regulations or standards adopted by the Board under subsections (a) and
(c) of Section
22.4 of
this Act, 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,
LAIDLAW
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
6
F.
Grant such other and further relief as the Board deems
appropriate
COUNT III
HAZARDOUS WASTE STORAGE AND PERMITTING VIOLATIONS
1-11.
Complainant realleges and
incorporates
herein
by reference paragraphs
1
through
11
of Count
I
as paragraphs I
through
11
of this Count
Ill.
Complainant realleges and
incorporates herein
by reference paragraphs
12
through
15 of Count
II
as paragraphs
12
through 15
of this Count Ill.
16.
Section 703.121
of the Board’s RCRA Permit Program Regulations,
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) facility; or
17.
Section 703 of the Board’s
RCRA Permit Program
Regulations,
35
III. Adm.
Code 703,
is implemented under the authority
of Section
22.4 of the Act, 415
ILCS 5/22.4
(2002).
18.
Section 722.1 34(a)(4) of the Board’s Hazardous Waste Operating
Requirement
Regulations,
35
III. Adm.
Code 722.134(a)(4),
provides that a facility may accumulate
hazardous waste without a permit for less then 90 days
provided that the facility complies with
the requirements
set forth
in
35
Ill. Adm.
Code 725.116.
19.
By not conducting
update employee training on
hazardous waste management
procedures, Respondent has not followed the requirements of Section
725.116 of the Board’s
Hazardous Waste Operating
Requirement
Regulations,
35 lll.Adm.
Code 725.116, therefore
under Section 722.1 34(a)(4) of the Board’s Hazardous
Waste Operating Requirement
7
Regulations,
35
III. Mm.
Code 722.134(a)(4),
Respondent is not permitted
to accumulate and
store hazardous waste
without
a permit.
20.
By storing
hazardous waste without a permit, Respondent has violated
Section
21(f)(1) of the Act, 415
ILCS 5/21(f)(1)(2002),
and Sections
703.121 (a) and
722.134(a)(4) of
the Board’s Hazardous Waste Operating Requirement
Regulations,
35
Ill. Adm.
Code
703.121(a),
722.1 34(a)(4).
21.
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).
22.
By conducting a
process which produces
hazardous waste in
violation of
regulations or standards adopted by the Board
under subsections
(a) and
(c) of Section 22.4
of
this Act, 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,
LAIDLAW
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
8
F.
Grant such
other and further relief as the Board
deems appropriate.
Respecifully submitted,
PEOPLE
OF THE
STATE
OF ILLINOIS,
ex rel.
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
Senior Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
217/524-7506
-
Dated:
June
30, 2005
9
