BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
PEOPLE OF THE
STATE OF ILLINOIS,
by LISA
MADIGAN, Attorney
General of
the State of
Illinois,
Complainant,
V.
.
)
PCB No.
JOEL HITLLMAN,
individually,)
(Enforcement-
Air)
Respondent.
NOTICE
OF FILING
TO: Mr. William
J. Anaya
Attorney for
Respondent
Joel
Hillman
Arnstein & Lehr
120
South Riverside
Plaza
Suite 1200
Chicago,
IL
60606
(VIA ELECTRONIC
FILING)
PLEASE TAKE
NOTICE that
today, August
24, 2005
I have filed
with
the Office
of the Clerk
of the Illinois
Pollution
Control
Board
by electronic
filing
the following
Complaint
a copy
of
which is
attached and
hereby served
upon you.
Failure to
file an answer
to this
complaint
within 60
days
may have
severe consequences.
Failure to
answer will
mean that
all
allegations
in the complaint
will
be taken as
if admitted
for
purposes of
this proceeding.
If you
have any questions
about this
procedure,
you should
contact the
hearing officer
assigned to
this proceeding,
the clerk's
office
or an attorney.
NOTIFICATION
YOU ARE
HEREBY NOTIFIED
that
financing
may be available
through
the Illinois
Environmental
facilities
financing
act
[20
ILCS 3515/1
et
seq.]
to
correct the
alleged
pollution.
THIS FILING
IS SUBMITTED
ON RECYCLED
PAPER
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Respectfully submitted,
PEOPLE OF THE STATE
OF ILLINOIS
LISA MADIGAN
Attorney
General
State of Illinois
BY:
Assistant
Att rney' eneral
Environmental Bureau
188 W.
Randolph St.,
2 0
th Floor
Chicago;
Illinois 60601
312-814-2087
DATE: August 24, 2005
THIS FILING
IS SUBMITTED ON RECYCLED PAPER
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BEFORE THE
ILLINOIS POLLUTION CONTROL BOARDl
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN, Attorney
General of the State of Illinois,
Complainant,
V.
)
PCB No.
JOEL HILLMAN, individually,)
(Enforcement- Air)
Respondent.
COMPLAINT
Complainant, People of the State
of Illinois, by 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 Respondent, JOEL
HILLMAN, an
individual, as follows:
COUNT
I
AIR POLLUTION
1.
This
Count is brought on behalf of the PEOPLE OF THE
STATE OF ILLINOIS, by LISA MADIGAN,
Attorney General of the
State of Illinois, on her own motion and at the request
of the
Illinois Environmental
Protection Agency ("Illinois EPA"),
pursuant to Section 31 of the Illinois Environmental Protection
Act ("Act"), 415 ILCS 5/31 (2002), and is an action for a cease
and desist order.-and
for civil penalties.
2. The Illinois EPA is an administrative
agency
established in the
executive branch of the State government by
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Section
4 of the
Act, 415 ILCS
5/4 (2002),
and charged,
inter
alia,
with
the duty at
enforcing the
Act.
3. At all
times relevant
to this
Complaint,
Respondent,
Joel
Hillman ("Hillman")
was and
is an Illinois
resident.
At
all times relevant
to this
Complaint,
H-illman was
and is the
owner
and/or operator
of real
property located
at 133-135
Park
Avenue, Barrington,
Lake
County,
Illinois ("Site").
4. The Site
consists
of two (2)
commercial,
office
buildings,
133
Park Ave and
135 Park Aye,
respectively,
and a
parking
lot.
5. On
or about October
of 2003,
or at a time
better known
to the
Respondent,
Hillman began
the renovation
of the buildings
at the Site.
Renovation
of the building
included
the removal
and disposal
of dry,
friable, regulated
asbestos
containing
material
("RACM")
located throughout
the
two buildings.
6.
Friable RACM
means any
material containing
more
than
(one) 1 percent
asbestos
that, when
dry, can
be crumbled,
pulverized,
or reduced
to powder
by hand pressure
as defined
in
Section
61.141
of Title 40
of the Code of
Federal'Regulations,
40 C.F.R. 61.141.
7. Pursuant
to Section
112(b) (1) of
the Clean Air
Act
("CAA"),
42 U.S.C.
7412(b) (1)
(2004), the
Administrator
of the
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United States Environmental
Protection
Agency ("U.S. EPA")
lists
asbestos as a hazardous
air pollutant.
8. Asbestos is
a known human carcinogen
for which there
is no
known safe level of
exposure.
9. On
information and belief,
on October 27, 2003, or
a
date better known
to Respondent, Hillman
directed the removal
of
asbestos
containing floor tile and
thermal insulation from the
buildings
at the Site. Unlicensed
workers removed the
RACM
without utilizing
the proper emission
control procedures,
such
as
wetting, erecting a
containment, and employing
the use of
negative air pressure
machines. The
asbestos-containing
floor
tile was removed
using spud bars
thereby rendering the
material
friable.
The asbestos-containing
renovation debris
was then
placed
in a dumpster in the
Site's parking lot.
10. On
November 5, 2003, the
Illinois EPA performed
an
inspection of the
Site. The inspector
observed suspect
asbestos-containing
material ("ACM")
(floor tile and pipe
insulation)
on the floor along
the stairwell and the
stairs
leading to the basement
of 133 Park Ave.
The inspector observed
white suspect
dust and debris, consistent
with that of
asbestos-
containing thermal insulation,
in the basement
of 133 Park
Avenue.
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11. Hilman directed
the removal of approximately
two
hundred
(200) linear feet of thermal
insulation from the
basement of 133 Park
Avenue and two thousand
eight hundred
(2800)
square feet
of asbestos floor tile from
the 1st floor of
133 Park Avenue.
12. The inspector
also observed suspect
ACM in the parking
lot on the Site.
13. The
inspector obtained four
(4) samples of suspect ACM
from
inside 133 Park Avenue
and around a dumpster
located in the
parking lot.
14.
The first two samples were
floor tile and mastic
(glue
used
to install floor tile) found
in the basement and around
the
stairwell
of 133 Park Avenue.
These samples tested
positive for
2% and 3% chrysotile
asbestos, respectively.
15.
The third sample, suspect
pipe insulation from
a pipe
in the basement of
133 Park Avenue, tested
positive for 40%
chysotile
asbestos.
16. A fourth sample,
suspect insulation found
near a
dumpster in the buildings'
parking lot tested
positive for 60%
chrysotile asbestos.
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17. At 135
Park Avenue, approximately nine hundred (900)
square feet of suspect floor tile had been removed from the
basement.
18. The inspector
obtained, two (2) samples of floor tile
with mastic
affixed to the back from the basement of 135 Park
Avenue. The floor tile and mastic each contained greater than
1% asbestos, ranging from 2%-5% asbestos.
19. RACM remained in the parking lot at the
Site, until
July 17, 2004, at which time Hillman's
contractor completed a
satisfactory remediation.
20. Hillman's renovatio
n at the Site is subject to
the Act and the rules and regulations promulgated by the
Illinois Pollution Control Board ("Board") and the Illinois EPA.
The Boa~rd's regulations
for air pollution Are found in Title 35,
Subtitle B,
Chapter I of the Illinois Administrative Code
("Board Air Pollution Regulations"),
and the Illinois EPA's
rules and regulations
for air pollution are found in Title 35,
Subtitle
B, Chapter II of the Illinois Administrative
Code
("Illinois
EPA Air Pollution Regulations").
21.. Section 9(a) of the Act, 415 ILCS 5/9(a) (2002),
provides as
follows:
Acts
prohibited.
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No person shall:
a) Cause or threaten or allow the discharge or
emission of any contaminant-into the
environment in any State so as to cause or
tend to cause air pollution in Illinois,
either alone or in combination with
contaminants
from other sources, or so as to
violate regulations or standards adopted by
the Board under this Act.
22. Section 201.141 of the Board Air Pollution
Regulations, 35 Tll. Adm. Code 201.141, provides as follows:
No person shall cause or threaten or allow the
discharge or emission of any contaminant int o the
environment in any State so as, either alone or
in combination with contaminants from other
sources, to cause or tend to cause air pollution
in Illinois, or so as to violate the provisions
of this Chapter, or so as to prevent the
attainment or maintenance of any applicable
ambient air quality
standard.
23. Section 3.115 of the Act, 415 ILCS 5/3.115 (2002),
provides the following definition:
"AIR POLLUTION" is the presence in the atmosphere
of one or more contaminants in sufficient
quantities and of such characteristics and
duration as to be injurious to human, plant, or
animal life, to health, or to property, or to
unreasonably interfere with the enjoyment of life
or property.
24. Section 3.165 of the Act, 415 TLCS 5/3.165 (2002),
provides the following definition:
"CONTAMINANT" is any solid, liquid, or gaseous
matter, any odor, or any form of energy, from
whatever source.
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25.
Section
3.315 of
the Act, 415
TLCS 5/3.315
(2002),
provides as
follows:
"Person"
is any individual,
partnership,
co-
partnership,
firm,
company,
limited
liability
company,
corporation,
association,.joint
stock
company, trust,
estate,
political
subdivision,
state agency,
or any
other legal
entity,
or their
legal representative,
agent or
assigns.
26. Hillman,
an
individual,
is a "person"
as
that term
is
defined
in Section
3.315
of the
Act, 415 TLCS
5/3.315
(2002).
27.
Asbestos
is a "contaminant"
as
that term
is defined
by
Section
3.165
of the Act,
415 ILCS 5/3.165
(2002).
28.
From at
least early
November
2003, or
a date
better
known to the
Respondent,
through
at least
July 17, 2004,
Hillman
caused
or allowed
dry friable
RACM
to remain
in the parking
lot
and asbestos
fibers
to enter into
the environment.
29. As-the
owner
and/or operator
of the
property
on which.
the renovation
activity
was taking
place,
Hillman
caused,
threatened
or allowed
the discharge
or emission
of asbestos
into
the
environment
so as to
cause or tend
to cause
air pollution
in
that asbestos
fibers
were released
into
the atmosphere
during
the renovation
activities.
30. By allowing
dry
friable RACM
to remain
at the Site
in
a
friable state,
exposed
to the environment,
and
by failing
to
employ
the
proper emissions
control
procedures,
Hillman
has
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caused
or allowed
air pollution
in Illinois
in violation
of
Section
9(a) of the
Act, 415 ILCS
5/9(a) (2002),
and Section
201.141
of the
Board Air Pollution
Regulations,
35 Ill. Adm.
Code 201.141.
WHEREFORE,
Complainant,
PEOPLE
OF THE
STATE OF ILLTNOTS,
respectfully
requests
that the
Board enter
an order
against
Respondent,
JOEL HILLMAN,
on
this Count I:
1.
Authorizing
a hearing in
this matter
at which time
the
Respondent
will be
required to
answer the
allegations
herein;
2. Finding
that
Respondent
has caused
or allowed
violations
of Section
9(a) of the
Act and 35
Ill. Adm.
Code
201.141;
3. Ordering
the Respondent
to cease
and desist
from any.
further violations
of
Section 9(a)
of the Act
and 35 Ill.
Adm.
Code 201.141;
4. Assessing
a civil
penalty
of $50,000.00
against
Respondent
for
each violation
of the
Act and pertinent
Board
regulations,
with an
additional
penalty of
$10,000.00
per day
for
each day
that the violations
continued;
5. Taxing
all costs
in this action,
including
expert
witness,
consultant
and attorneys
fees,
against
Respondent;
and
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6. Granting
such
other
relief as
the Board
deems
appropriate
and
just.
COUNT
II
FAILURE TO
FOLLOW
PROPER NOTIFICATION
REQUIREMENTS
1-22
Complainant
realleges
and incorporates
herein
by
reference
paragraphs
1 through
20
and 25
through
26 of Count
I
as
paragraphs
1 through
22 of
this Count
II.
23.
Section
9.1(d)
of the
Act, 415
TLCS 5/9.1(d)
(2002),
provides
as
follows:
No person shall:
1. Violate
any
provisions
of Sections
ill,
112,
165,
173 of
the Clean
Air
Act, as now
or hereafter
amended,
or
federal regulations
adopted
pursuant
thereto.
24.
Section.112(d)
(1) of the
CAA, 42
U.S.C. 7412
Cd) (1)
(2004)
,
titled,
Emission
Standards,
provides,
in
pertinent
part,
as follows:
1.
The Administrator
shall
promulgate
regulations
establishing
emission
standards
for
each category
or subcategory
of
major
sources
and area
sources
of hazardous
air
pollutants
listed
for regulation...
25.
Section
112(h)
(1) of the
CAA, 42
U.S.C.
7412(h)
C1)
(2004)
,
titled,
Work Practice
Standards
and other
Requirements,
provides
in pertinent
part as
follows:
1. For
the purposes
of
this section,
if
it
is not
feasible
in the
judgment
of the
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Administrator
to prescribe
or enforce
an emission standard
for control of a
hazardous
air pollutant or pollutants,
the Administrator may,
in lieu thereof,
promulgate a design, equipment,
work
practice, operation standard,
or
combination thereof,
which in the
Administrator's judgment
is consistent
with
the provisions of
subsection (d)
or (f) of this
section....
26. On June 19,
1978, the Administrator
detetmined that
wbrk
practice standards rather
than emission standards
are
appropriate in
the regulation of asbestos,
43 Fed. Reg. 26372
(1978)
,
and
therefore, pursuant
to Section 112 of the
CAA, 42
U.S.C. 7412
(2004), the U.S. EPA
adopted National Emissions
Standards for Hazardous
Air Pollutants ("NESHAPs"),
including
asbestos,
at 40 C.F.R. 61, Subpart
M4.
27. Section
61.141 of the U.S. EPA's
NESHAPs, 40 C.F.R.
61.141, provides,
in pertinent
part, as follows:
All
terms that are used in this
subpart and are
not
defined below are given the
same meaning as
in the Act and in
subpart A of this part.
Asbestos
means the asbestiform
varieties of
serpentinite (chrysotile)
,
riebeckite
(crocidolite)
,
cummingtonite-grunerite,
anthophyllite,
and actinolite-tremolite.
Category I nonifriabile
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 E, 40
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CFR part
763, section
1, Polarized
Light
Microscopy.
Demolition
means
the wrecking
or taking
out of
any
load-supporting
structural
member of
a
facility
together
with any
related
handling
operations
or the
intentional
burning
of any
facility.
Facility
means any
institutional,
commercial,
public,
industrial,
or residential
structure,
installation,
or
building
(including
any
structure,
installation
or building
containing
condominiums
or individual
dwelling
units
operated
as
a residential
cooperative,
but
excluding
residential
buildings
having
four
or
fewer
dwelling
units);
any ship;
and any active
or
inactive
waste disposal
site.
For purposes
of
this
definition,
any
building,
structure,
or
installation
that contains
a
loft used
as a
dwelling
is
not considered
a residential
structure,
installation,
or building.
Any
structure,
installation
or
building
that was
previously
subject
to this
subpart is
not
excluded,
regardless
of its
current
use or
function.
Friable
asbestos
material
means any
material
containing
more
than 1 percent
asbestos
as
determined
using the
method
specified
in appendix
A,
subpart
F,
40 CFR 763
section
1, Polarized
Light
Microscopy,
that,
when
dry can
be crumbled,
pulverized,
or
reduced
to powder
by hand
pressure.
If the asbestos
content
is less
than
10 percent
as determined
by a
method other
than
point counting
by
polarized
light inicroscopy
(PLM),
verify the
asbestos
content
by point
counting
using PLM.
Owner
or operator
off a
demolition
or renovation
activity
means
any person
who owns,
leases,
operates,
controls, or
supervises
the facility
being demolished
or
renovated or
any person
who
owns, leases,
operates,
controls,
or
supervises
the
demolition
or renovation
operation,
or
both.
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Regulated asbestos-containing material
(RACM)
means (a) Friable asbestos material, (b)
Category
I nonfriable ACM that has become friable, Cc)
Category I nonfriable ACM that will be or has
been subjected to sanding, grinding, cutting or
abrading, or (d) Category II nonfriable ACM that
has a high
probability of becoming or has become
crumbled, pulverized, or reduced to powder by the
forces expected to act on the material in the
course of demolition or renovation operations
regulated by this subpart.
Remove
means to take out RACM or facility
components that contain or are covered with RACM
from any facility.
Renovation
means altering a facility or one or more
facility components in any way, including the
stripping or removal of
RACM from a facility
component. Operations in which load-supporting
structural
members are wrecked or taken out are
demolit ions.
28. The buildings located on the Site are "facilities" as
that term is defined in Section
61.141 of the U.S. EPA's
NESHAPs, 40 C.F.R. 61.141.
29. The removal of asbestos from the buildings located on
the Site constitutes a "renovation" as that term is defined in
Section 61.141
of the U.S. EPA's NESHAPs, 40 C.F.R. 61.141.
30. Respondent, Hillman as the owner and/or operator of
133/135 Park Ave is an "owner" and/or "operator" of a
demolition/renovation act~ivity as those terms are defined in
Section 61.141 of the U.S. EPA's NESHAPs, 40 C.F.R. 61.141.
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31. The asbestos-containing floor tile that was rendered
friable by improper removal methods and the dry, friable thermal
pipe insulation removed from the buildings located on the Site
are RACM as that term is defined in Section 61.141 of the U.S.
EPA's NESHAPs, 40 C.F.R. 61.141.
32. Section 61.145(a) of the U.S. EPA's NESHAPs, 40 CFR
61.145(a), as adopted in Section
9.1(d) of the Act, 415 IL.CS
5/9.1(d) (2002), titled, Standard for demolition and renovation:
provides, in pertinent part, as follows:
a)
Applicability.
To determine which
requirements
of paragraphs (a), (b) and (c)
of this Section apply to the owner or
operator of a demolition or renovation
activity and prior to the commencement of
the demolition or renovation, thoroughly-
inspect the affected facility or part of the
facility where the demolition or renovation
operation will occur for the presence of
asbestos,
including Category I and Category
II nonfriable ACM....
4) In a facility being
renovated, including any
individual
nonscheduled renovation
operation, all the requirements of
paragraphs (b) and (c) of this section apply
if the combined amount of RACM to be
stripped, removed, dislodged, cut, drilled,
or similarly disturbed is
(i At least 80 linear
meters (260 linear
feet) on pipes or at least 15 square
meters
(160 square feet) on other
facility components ...
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33. Respondent's
removal from the buildings
on the Site
of
asbestos-containing
floor tile
that was rendered
friable by
improper
removal methods and
dry, friable thermal
pipe
insulation,
exceeded the
one hundred and sixty
(160) square feet
and the two hundred
and sixty (260)
linear feet thresholds
identified in Section
61.145(a) of the U.S.
EPA's NESHAPs, 40
C.F.R.
61.145(a) and,
therefore, subjects
Respondent to the
requirements
of Sections
61.145(b) and Cc)
of the U.S. EPA's
NESHAPs,
40 C.F.R. 61.145(b)
and (c).
34. Section
61.145(b) of
U.S. EPA's NESHAPs,
40 C.F.R.
61.145(b), provides,
in relevant part, as
follows:
(b)
Notification requirements.
Each owner
or
operator
of a demolition or
renovation
activity
to which this section
applies
shall:
(1) Provide
the Administrator
with written
notice of
intention to demolish or
renovate. Delivery
of the notice by
U.S. Postal Service,
commercial
delivery
service, or hand delivery
is
acceptable.
(3) Postmark or
deliver the notice
as
follows:
(i) At least
10 working days
before
asbestos
stripping or removal work
or any other activity
begins (such
as site preparation
that would
break up, dislodge
or similarly
disturb asbestos
material)
,
if
the
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operation
is described
in
paragraphs
(a)
(1) through
(4)...
35.
Hillman
failed to
provide any
notification,
prior
to
November
5, 2003,
to the
Illinois EPA
before stripping,
removing
and/or
disturbing
friable RACM
at the Site.
36. By
failing to
provide any
notification
to the
Illinois
EPA before
stripping,
removing
and/or disturbing
friable
RACM
at
the Site,
Respondent
violated
Section 9.1(d)
of the Act,
415
TLCS 5/9.1(d)
(2002),
and Section
61.145(b)
of the
U.S. EPA's
NESHAPs,
40 C.F.R.
61.145(b).
WHEREFORE,
Complainant,
PEOPLE
OF THE STATE
OF ILLINOIS,
respectfully
requests
that
the Board
enter an order
against
Respondent,
JOEL HILLMAN,
on
this Count
II:
1.
Authorizing
a hearing
in this
matter at
which time
the
Respondent
will be
required to
answer the
allegations
herein;
2. Finding
that
Respondent
has caused
or allowed
violations
of
Section 9.1(d)
of the
Act, 415 ILCS
5/9.1(d)
(2002), and
Section 61.145(b)
of
the U.S. EPA's
NESHAPs,
40
C.F.R.
61.145(b);-
3. Ordering
the Respondent
to
cease and desist
from any
further violations
of
Section 9.1(d)
of the
Act, 415
ILCS
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5/9.1(d)
(2002), and Section 61.145(b)
of the U.S. EPA's
NESH-APs, 40 C.F.R.
61.145(b);
4. Assessing a civil
penalty of $50,000.00
against
Respondent
f or each violation of
the Act and pertinent Board
regulations,
with an additional penalty
of $10,000.00 per day
for each day that
the violations continued;
5.
Taxing all costs in
this action, including
expert
witness, consultant
and attorneys fees,
against Respondent; and
6. Granting
such other relief as the
Board deems
appropriate
and just.
COUNT III
FAILURE
TO FOLLOW PROPER
EMISSION CONTROL PROCEDURES
1-31.
Complainant realleges
and incorporates herein
by
reference paragraphs
1 through 31 of Count
II as paragraphs 1
through 31 of this Count
III.
32. Section 61.145 Cc)
(1) and Cc) (6) of U.S. EPA's
NESH-APs,
40 C.FYR. 61.145(c)
(1) and Cc) (6), provides,
in relevant part,
as follows:
Cc)
Procedures for asbestos
emission control.
Each owner or operator
of a demolition
or
renovation activity
to whom this paragraph
applies, according
to paragraph (a)
of this
section,
shall domply with the
following
procedures:
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(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...
(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...
33.
Respondent
tailed to
remove all
RACM from the
Site
before
renovations
began which
broke up,
dislodged
and
similarly
disturbed
the
friable RACM.
Respondent
also
failed to properly
wet,
remove, handle
and dispose
of the
friable RACM.
34. By
failing to
remove all
RACM from
the Site
before renovations
began
which broke
up, dislodged
and
similarly
disturbed
the friable
RACM and
failing to
properly
wet,
remove, handle
and dispose
of
the friable
RACM, Respondent
violated
Section
9.1(d) of the
Act, 415
ILCS 5/9.1(d)
(2002),
and Sections
61.145(c)
(1) and
Cc) (6)
of the
U.S. EPA's
NESKiAPs,
40 C.F.R.
61.145(c) (1)
and
Cc) (6).
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WHEREFORE, Complainant,
PEOPLE OF
THE STATE OF
ILLINOIS, respectfully
requests that the
Board enter an
order against
Respondent, JOEL HILLMAN,
on this Count
III:
1.
Authorizing a hearing
in this matter
at which time the
Respondents
will be required to
answer the allegations
herein;
2. Finding that Respondent
has caused
or allowed
violations of Section
9.1(d) (1) of the Act,
415 ILCS 5/9.1(d)
(1)
(2002)
,
and 40 CFR 61.145(a),
Cc) (1)
,
and (c) (6);
3. Ordering the
Respondent to cease and
desist from any
further violations
of Section 9.1(d)
(1) of the Act and
40 CFR
61.145(c) (1),
and (c) (6);
4. Assessing a
civil penalty of Fifty
Thousand Dollars
($50,000.00) against
each Respondent for
each and every
violation of the Act
and pertinent regulations,
with an
additional
penalty of Ten
Thousand Dollars ($10,000.00)
per day
for each day of violation;
S
. Ordering Respondent
to pay all costs,
including
attorney, expert witness
and consultant
fees expended by the
State in its
pursuit of this action;
and
6. Granting such
other relief as the
Board deems
appropriate
and just.
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COUNT IV
IMPROPER
DISPOSAL OF REGULATED
ASBESTOS
CONTAINING MATERIALS
1-31. Complainant realleges
and incorporates herein by
reference paragraphs
1 through 31 of Count II as paragraphs 1
through
31 of this Count IV.
32. Section 61.150 of the U.S. EPA's NESHAPs, 40
C.F.R. 61.150,iJuly
1, 1997), as adopted in Section 9.1(d)
of the Act,
titled Standard for waste disposal for
manufacturing, fabricating, demolition, renovation, and
spraying operations, provides, in relevant part, as
follows:
Each owner or operator of any source covered
under the
provisions of section[]
. . .
61.145
shall comply with the following provisions:
(b) All asbestos-containing
waste material shall
be deposited as soon
as 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.
. . .
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33. Section
61.141 of U.S. EPA's
NESHIAPs, 40 C.F.R.
61.141
provides the following
definitions:
Asbestos-containing
waste materials means mill
tailings or any waste that
contains commercial
asbestos and is generated
by a source
subject to
the provisions
of this subpart.
This term
includes filters from
control devices,
friable
asbestos waste
material, and bags or
other
similar
packaging contaminated
with commercial
asbestos. As
applied to demolition
and renovation
operations,
this term also includes
regulated
asbestos-containing
material waste
and materials
contaminated with
asbestos including disposable
equipment and clothing.
Waste generator means
any owner or operator
of a
source
covered by this subpart
whose act or
process
produces asbestos-containing
waste
material.
34.
The RACM removed at the
Site is "asbestos-
containing
waste material"
as that term is defined
in
Section
61.141 of the U.S. EPA's
NESHAPs, 40 C.P.R. 61.141.
35. Hillman
is a "waste generator"
as that term is
defined in Section
61.141 of the U.S. EPA's
NESHAPs, 40
C.F.R. 61.141.
36. Since November
5, 2003, or a date
better known to
Respondent, until
at least July 17, 2004,
Respondent failed
to
deposit its asbestos-containing
waste material
at a
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waste disposal
site
or EPA-approved
recycling
site
as soon
as practical.
37.
By failing
to deposit
its asbestos-containing
waste
material
at a waste
disposal
site or
EPA-approved
recycling
site
as soon
as practical,
-Respondent
violated
Section
9.1(d) of
the Act,
415 TLCS
5/9.1(d)
(2002), and
Section
61.150(b)
of the
U..S. EPA's
NESHAPs,
40 C.F.R.
61.150(b).
WHEREFORE,
Complainant,
PEOPLE
OF THE STATE
OF
ILLINOIS,
respectfully
requests that
the Board
enter
an
order
against
Respondent,
JOEL HILLMAN,
on
this Count
IV:
1. Authorizing
a hearing
in this
matter at
which time
the
Respondents
will
be required
to answer
the allegations
herein;
2. Finding
that
Respondent
has caused
or allowed
violations
of Section
9.1(d) of
the Act,
415 ILCS
5/9.1(d)
(2002), and
Section
61.150(b)
of the U.S.
EPA's NESHAPs,
40
C.F.R.
61.150(b);
3.
ordering the
Respondent
to cease
and desist
from
any
further
violations
of
Section
9.1(d) of
the Act,
415 ILCS
5/9.1(d)
(2002), and
Section
61.150(b)
of the
U.S. EPA's
NESHAPs,
40 C.F.R.
61.150(b);
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4. Assessing a civil penalty of
Fifty Thousand Dollars
($50,000.00)
against each Respondent for each and every
violation of the Act and pertinent
regulations, with an
additional penalty of Ten Thousand Dollars
($10,000.00) per day
for each day of violation;
5. Ordering Respondent to pay all costs, including
attorney, expert witness and consultant
fees expended by the
State in its
pursuit of this~action; and
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6.
Granting
such
other
relief
as the
Board
deems
appropriate
and
just.
PEOPLE
OF THE
STATE
OF ILLINOIS,
by LISA
MADIGAN,
Attorney
General
of the
State
of Illinois,
MATTHEW
J.
DUNN,
Chief
Environmental
Enforcement/
Asbestos
Litigation
Division
AsitnBttreye
Environmental.Bureau
North
Of
Counsel:
STEPHEN
J.
SYLVESTER
Assistant
Attorney
General
Environmental
Bureau
North
188
West Randolph
Street,
20th
Floor
Chicago,
Illinois
60601
(312) 814-2087
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CERTIFICATE OF
SERVICE
I, STEPHEN J. SYLVESTER,
an Assistant Attorney
General in
this case,
do certify that I
caused to be served this
24
th day of
August, 2005, the foregoing
Complaint and Notice of
Filing upon
the persons
listed on said Notice
by depositing same in
an
envelope,
by certified mail and by
first class postage prepaid,
with the United States
Postal Service at
100 West Randolph
Street, Chicago, Illinois,
at or before the hour
of 5:00 p.m.
CEPHEN/.
SYLV TER
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