Lisa Madigan
AFR)RNEY
GENERAL
September
19, 2005
OFFICE OF THE AYFORNEY GENERAL
STATE OF ILLINOIS
The Honorable
Dorothy Gunn
Illinois
Pollution Control
Board
James
R.
Thompson Center,
Ste.
11-500
100
West
Randolph
Chicago,
Illinois 60601
Re:
People v.
Ecolab,
Inc.
Dear Clerk Gunn:
RECEIVED
CLERK’S OFFICE
SEP
212005
STATE OFwNols.
Pollution Control Board
Enclosed
for
filing please
find
the original
and
ten
copies of
a
Notice
of
Filing,
Entry of
Appearance and
Complaint in regard to the above-captioned matter.
Please file the originals and
return
file-stamped
copies
to me
in
the enclosed,
self-addressed envelope.
Thank you
for your cooperation and
consideration.
KLfpp
Enclosures
500 South
Second Street,
Springfield,
Illinois
62706
•
(217)
782-1090
•
IFY:
(217)
785-2771
•
Fax:
(217) 782-7046
100
West Randolph Street, Chicago,
Illinois
60601
•
(312) 814-3000
•
TTY:
(312) 814-3374
•
Fax:
(312) 814-3806
1001
East Main,
Carbondale, Illinois
62901
•
(618) 529-6400
•
YlY:
(618) 529.6403
•
Fax:
(618)
529-6416
EnvinSntnental
500
South Second Street
Springfield,
Illinois 62706
(217)
782-9031
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
BOARD
PEOPLEOFTHESTATEOF
)
RECEIVED
ILLINOIS,
CLERK’S OFFICE
SE92
12005
Complainant,
STATE OFILLINOIS
VS.
)
PCB
No.
0G—
1f5
Pollution Control Board
(Enforcement)
ECOLAB,
INC., a Delaware corporation,
and
CHARLES
A. WINSLETT,
Respondents.
NOTICE OF FILING
To:
ECOLAB,
INC.
CHARLES A.
WINSLETT
do CT Corporation
Systems
1929
Saint Claire Street
208
South
LaSalle
Street,
Ste.
814
Pekin,
IL 61554
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
Complaint within 60 days
may have
severe
consequences.
Failure
to
answer will mean
that all
allegations
in
this Complaint
will
be
taken
as
if
admitted
for
purposes
of
this
proceeding.
If
you
have
any
questions
about
this
procedure, you
should contact the
hearing officer assigned
to
this proceeding, the Clerk’s Office
or an attorney.
1
FURTHER,
please
take
notice
that
financing
may
be
available,
through
the
Illinois
Environmental Facilities
Financing
Act, 20
ILCS
3515/1
(2004), 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
~/
KRIS
EpH~OGHRIDG
AssistaKt~torney
G
ral
Environmental
Bure
u
500
South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated: September
19,
2005
2
CERTIFICATE OF
SERVICE
I
hereby certify that
I did
on
September
19,
2005,
send
by certified
mail,
with
postage
thereon fully prepaid,
by
depositing
in a
United
States
Post Office
Box a true and
correct copy
of the following
instruments
entitled NOTICE
OF
FILING,
ENTRY OF APPEARANCE
and
CO MPLAI NT:
To:
ECOLAB,
INC.
CHARLES A.
WINSLETT
c/o CT Corporation
Systems
1929 Saint Claire
Street
208 South
LaSalle Street,
Ste.
814
Pekin,
IL 61554
Chicago,
IL 60604-1101
and
the original and
ten copies
by First Class
Mail with
postage thereon fullyprepaicLof 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.
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
PCBNo.
C
(Enforcement)
)
)
RECEIVED
CLERK’S OFFICE
g~p2
12005
STATE OF
LLINOIS
24..
~oflutiOn
Control Board
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.
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Respectfully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
of the
State of Illinois
MATTHEW J.
DUNN, Chief
PEOPLE OF THE
STATE OF
ILLINOIS,
Complainant,
vs.
ECOLAB, INC.,
a Delaware
corporation,
and
CHARLES
A. WINSLETT,
Respondent.
Environmenjal
Enforcement/Asbestos
Lidation
OMsion
Assistant Attorney
Dated:
September 19,
2005
BEFORE THE
ILLINOIS
POLLUTION
CONTROL
BOARD
IECEIVED
PEOPLE OF THE STATE OF ILLINOIS,
)
LER~cs
OFFICE
Complainant,
)
u3
)
‘TATE OFILL~(J~~
-vs-
)
PCB No.
(~(o
—
Ollution Contro!
~rj:r~
ECOLAB,
INC., a Delaware corporation,
and
CHARLES A. WINSLETT,
Respondents.
)
COMPLAINT
Complainant, PEOPLE
OF THE
STATE OF ILLINOIS,
by LISA
MADIGAN, Attorney
General of the
State
of Illinois,
and at
the request of the ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY, complains
of the Respondents,
ECOLAB,
INC.,
a Delaware
corporation and
CHARLES
A. WINSLETT,
as follows:
COUNT
I
OPEN
DUMPING
1.
This Complaint is brought
by the Attorney General
on her own motion
and at
the
request of the
Illinois Environmental
Protection
Agency (“Illinois
EPA”),
pursuant to
the terms
and
provisions of Section
31
of the
Illinois
Environmental
Protection Act (‘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”).
3.
The Complaint is brought pursuant to Section
31
of the Act,415
ILCS
5/31
(2002), after providing the Respondent with
notice
and opportunity for a meeting withitiwillinois
EPA.
4.
The Respondent,
Ecolab,
Inc. (“Ecolab”)
is a Delaware corporation
registered
to
do
business in
Illinois.
CT Corporation
Systems
is the registered
agent for Ecolab and
may be
reached
at 208
South
LaSalIe Street,
Suite 814,
Chicago,
Illinois 60604-1101.
5.
The Respondent, Charles
A. Winslett,
is a pesticide
technician for Ecolab
and
can
be
reached
at
1929 Saint Claire
Street,
Pekin,
Illinois,
61554.
Mr.
Winslett is
licensed to
use
pesticides through the
Illinois
Department of Agriculture, licence #1 525744.
6,
On
October
13,
2003,
the Tazewell
County
Sheriffs Office responded
to
a
complaint
of a white
vehicle
with
“Ecolab” on
its side
dumping a white
powder along
the side
of
Hurt Road,
approximately 1/4 mile west of Apple
Road,
South
Pekin,
Tazewell
County,
Illinois
(“site”).
7.
Tazewell
County Sheriffs Officers found
the Ecolab vehicle on
October 13,
2003
and spoke
with
Respondent,
Charles A.
Winslett.
Mr.
Winslett told
the officers that he had
dumped
spent Phostoxin ® powder waste
along the
side of Hurt Road
in several different
locations.
8.
Tazewell
County
Sheriffs Officers went to the site on
October 13,
2003.
A white
powder was
at the site along
Hurt Road,
approximately 1/4 mile west of Apple
Road.
9.
Illinois
EPA met Tazewell County
Sheriffs Officers on
October 14,
2003 and
inspected the site for the spent Phostoxin ® powder waste.
10.
On
October
14,
2003,
the Peoria Greater Regional Airport precipitation gauge
showed
that approximately
1
inch
of rain
had
fallen
around the area the night
of
October 13,
2003.
11.
No white
powder was
present at
the site
on
October 14,
2003.
2
12.
Illinois
EPA interviewed
Mr. Winslett on
October 14,
2003.
Mr. Winslett stated
that
he finished fumigating
the Mycogen
Seed Company in
Pontiac,
Illinois on
October 13,
2003.
13.
The Phostoxin ® pellets were allowed
to fumigate for approximately 72
hours
inside
closed
areas at the Mycogen Seed
Company.
Afterwards, Ecolab personnel
strapped on
a self-contained
breathing
apparatus
and
entered the fumigated
area to open
it
up and
aerate
it.
The spent Phostoxin ® pellets,
which had
turned
into white
powder, were
placed
into glass
flasks.
14.
On
October
13,
2003,
Mr. Winslett spread the spent
Phostoxin ® powder waste
along
Hurt Road.
15.
Phostoxin ® is aluminum
phosphate and
is
highly toxic.
Once completely spent,
the Phostoxin ® powder waste
has a
low oral and
dermal toxicity and
consists-cf aluminum
hydroxide,
inert ingredients, and
about 2-3
of unreacted
aluminum
phosphide.
16.
Section
21
of the Act,
415
ILCS
5/21
(2002), provides,
in
pertinent part,
as
follows:
No
person
shall:
a.
Cause or allow the open
dumping of any waste.
e.
Dispose, treat,
store, or abandon any waste, or transport any waste
into
this
State for disposal,
treatment,
storage
or abandonment, except at a
site or facility
which meets the requirements of this Act and of regulations
and
standards
there under.
17.
Section
3.305
of the Act, 415
ILCS
5/3.305
(2002),
provides the following
definition:
“Open
Dumping” means
the consolidation
of refuse from
one or more sources
at
a disposal
site that does
not fulfill the requirements
of
a sanitary
landfill.
3
18.
Section
3.385 of the Act,
415
ILCS 5/3.385
(2002),
provides the following
definition:
“Refuse”
means waste.
19.
Section
3.535 of the Act,
415
ILCS 5/3.385
(2002),
provides the following
definition,
in
pertinent part:
“Waste” means any garbage...or other discarded
material,
including
solid,
liquid,
semi-solid, or contained
gaseous material
resulting
from
industrial,
commercial,
mining and agricultural
operations,
and from
community activities...
20.
On
October
13,
2003,
Respondents caused
or allowed the open dumping of
spent
Phostoxin ® powder waste.
21.
By causing or allowing
the open dumping
of waste, Respondents
have
violated
Section 21(a)
of the Act,
415
ILCS
5/21(a) (2002).
22.
On
October 13,
2003,
Respondents disposed of waste
at a site
and transported
waste for disposal to
a site that does not meet the requirements of the Act andiof the st&dwda
and
regulations promulgated thereunder.
23.
By disposing of and
transporting waste at and
to a site which
does
not meet the
requirements of the Act and
of the standards
and
regulations promulgated thereunder,
Respondents
have violated
Section
21(e) of the Act,
415
ILCS 5/21(e)
(2002).
PRAYER
FOR RELIEF
WHEREFORE,
Complainant, the People of
the
State of Illinois,
respectfully requests
that the
Board
enter an
Order against the Respondents:
A.
Authorizing
a hearing
in this matter at which time the
Respondents will
be
required to answer the allegations
herein;
4
B.
Finding
that Respondents
have violated the Act
and
regulations as alleged
herein;
C.
Ordering Respondents
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),
awarding
to
Complainant
its costs and
reasonable attorney fees;
and
F.
Granting such
other relief as the
Board
may deem appropriate.
COUNT
II
WATER POLLUTION
HAZARD VIOLATION
1-15.
Complainant realleges and
incorporates
by reference herein
paragraphs
1
through
15 of Count
I as paragraphs
1
through
15 of this Count
II.
16.
A water ditch
runs along the
side
of
Hurt Road.
The
rain on
the evening
of
October
13,
2003
caused
the spent Phostoxin ® powder waste
to wash
into and
along
the ditch.
17.
Section
12(d) of the Act, 415
ILCS 5/12(d)
(2002),
provides:
No person
shaH:
*
*
d.
Deposit any contaminants
upon the
land
in
such place and
manner as
to
create
a water pollution hazard;
18.
Section
3.165 of the Act, 415 ILCS 5/3.165
(2002) provides:
“Contaminant”
is
any solid,
liquid,
or gaseous matter,
any odor,
or any form of
energy,
from whatever source.
19.
Section
3.545 of the Act, 415
ILCS 5/3.545
(2002)
provides:
5
“Water pollution” is such alteration of the physical,
thermal,
chemical,
biological
or radioactive properties
of any waters of the State,
or such discharge of any
contaminant
into any waters
of the State,
as will or is likely to
create a nuisance
or render such waters
harmful or detrimental
or injurious to
public health,
safety
or welfare,
or to domestic,
commercial, industrial,
agricultural,
recreational,
or
other legitimate uses, or to
livestock, wild animals,
birds, fish,
or other aquatic
life.
20.
By depositing the spent
Phostoxin ® powder waste
upon the
land within the
drainage way,
and
by subsequently failing
to remove
the spent Phostoxin ® powder waste,
Respondents
have created
a water pollution hazard,
and
thereby violated Section
12(d) of the
Act,
415
ILCS 5/12(d) (2002).
PRAYER FOR
RELIEF
WHEREFORE,
Complainant, the People of the
State of Illinois,
respectfully requests
that the
Board
enter an
Order against the Respondents:
A.
Authorizing a hearing
in this matter
at which time the
Respondents will
be
required to
answer the allegations herein;
B.
Finding
that
Respondents
have
violated
the Act and
regulations as
alleged
herein;
C.
Ordering
Respondents 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),
awarding
to
Complainant its
costs and
reasonable
attorney fees;
and
6
F.
Granting
such other relief as
the
Board
may deem
appropriate.
Respectfully submitted,
PEOPLE
OF THE STATE
OF ILLINOIS
ax
re/.
LISA MADIGAN,
Attorney General
of the State of Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement
Division
BY:_____________________
THOMAS DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
Of Counsel
KRISTEN
LAUGHRIDGE
Assistant Attorney General
Environmental Bureau/Springfield
500 South
Second Street
Springfield,
hIm
is 6206
—
Date:
c~7i?
/os
7
