BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
PEOPLE OF THE
STATE OF ILLINOIS,
Complainant,
)
-vs.
)
PCBNo.
~(~‘1~’
NOV
j
72o~~
(Enforcement)
NORTH AMERICAN
LIGHTING,
INC.,
)
STATE OF ILLINOIS
a Michigan
corporation,
)
0
Ution
Contro Board
)
Respondent.
NOTICE
OF FILING
To:
North
American Lighting,
Inc.
do CT Corporation
System,
Registered
Agent
208 South
LaSalle Street
Chicago, Illinois
60604-1135
PLEASE TAKE
NOTICE that on
this date
I
mailed for filing with
the Clerk of the Pollution
Control
Board
of the
State of Illinois,
an
ENTRY OF APPEARANCE
and COMPLAINT,
copies of
which
are
attached
hereto
and
herewith
served
upon
you.
Respectfully submitted,
PEOPLE OF THE
STATE
OF ILLINOIS
LISA MADIGAN,
Attorney General of
the
State
of Illinois
MATTHEW
J.
DUNN, Chief
Environmental
Enforcement/Asbestos
:~atboh1Division~~~
THOMAS
DAVIS,
Chief
Assistant Attorney General
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
November
14,
2005
CERTIFICATE OF SERVICE
I
hereby certify that
I did
on
November
14, 2005,
send
by
First Class
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:
North American
Lighting,
Inc.
c/o CT Corporation
System,
Registered
Agent
208
South
LaSalIe
Street
Chicago,
Illinois 60604-1135
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
Thomas
Davis
Assistant Attorney General
This filing
is
submitted
on
recycled paper.
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
C!~CEIVED
PEOPLE OF THE
STATE
OF ILLINOIS,
)
RK~
OFFICE
NOV
H2005
Complainant,
STATE OF ILLINois
PCB No.
0Cc—i
1’
~°‘lUtiOfl
Con~g
Bo~Zd
(Enforcement)
NORTH AMERICAN
LIGHTING, INC.,
a Michigan
corporation,
Respondent.
APPEARANCE
I,
RAYMOND
CALLERY, Assistant Attorney General of the
State of
Illinois,
hereby file
my
appearance in
this proceeding
on
behalf of the Complainant, PEOPLE
OF THE
STATE OF
ILLINOIS.
Respectfully Submitted,
PEOPLE
OF THE STATE
OF ILLINOIS
LISA MADIGAN,
Attorney General
of the
State
of Illinois,
MATTHEW
J.
DUNN, Chief
Environrr~ntaI
forc
entIAsbes~p~
Liti
atio
Divisi
n
/
BY:
4
RAYMOND CALLERY
Environmental Bureau
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
November
14,
2005
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
RECEIVED
PEOPLE OF THE STATE OF ILLINOIS,
NOV
112005
Complainant,
STATE OF ILLINO?
-vs-
PCB No.
u
ion Confroj Board
(Enforcement)
NORTH AMERICAN LIGHTING,
INC.,
a
Michigan
corporation,
Respondent.
COMPLAINT
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, complains
of the
Respondent,
North American
Lighting,
Incorporated,
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
Section31
of the Illinois
Environmental Protection
Act (“the Act”),
415
ILCS
5/31
(2004).
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 (2004), and
charged
inter a/ia,
with the
duty of enforcing
the Act.
3.
North American
Lighting,
Incorporated, is
and
was at
all
times relevant to this
Complaint,
a
Michigan
corporation
in good
standing.
The registered
agent for the
Respondent
is CT Corporation
System,
208 South
LaSalle Street,
Chicago,
Illinois
60604-1135.
1
5.
Respondent is and
was at
all
times relevant to
this Complaint
the owner
and
operator of a facility located
at 20
Industrial Park,
Flora,
Clay County,
Illinois.
The facility is
located
on
the
East
side of Flora
near the municipal
airport and within
a
quarter mile of
tributaries to
Elm Creek.
6.
Section
3.165 of the Act,
415
ILCS
5/3.165
(2004),
provides as
follows:
“Contaminant”
is any
solid,
liquid, or gaseous
matter,
any odor, or any
form
of energy,
from whatever source.
7.
Section 9(a) of the Act, 415 ILCS 5/9(a)
(2004),
provides
as
follows:
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;
*
*
*
8.
Section 3.115 of the Act, 415
ILCS 5/3.115
(2004),
provides
as follows:
“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.
9.
Section 201.141
of the Board’s Air Pollution
regulations,
35
III.
Adm.
Code
Section 201.141, provides:
No
person shall
cause
or threaten or allow the discharge
or emission
of any
contaminant into
the environment
in any
State so
as,
either alone or
in
combination with
contaminants
from
other sources,
to cause
or tend to
cause
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.
10.
The Respondent is
a manufacturer of
automotive headlamps,
fog
lamps,
and
auxiliary systems.
In
the course
of
its
manufacturing, the Respondent uses many hazardous
2
chemicals,
including
but not limited
to hydrochloric
acid,
sodium hydroxide,
methyl isobutyl
ketone,
n-butyl
alcohol,
xylene,
styrene,
and toluene.
11.
At some
point
prior to
December 2001,
the Respondent arranged
for
the
installation
of two approximately 5,000 gallon
capacity single-walled
fiberglass tanks for the
bulk
storage of hydrochloric
acid
and
sodium
hydroxide.
Respondent provided
the design and
specifications for the tanks and
secondary containment
systems to the contractors who
built the
tanks
and constructed
the secondary containment systems.
12.
On
December
16,
2001,
at about 3:30
p.m.,
the tank used
to store
hydrochloric
acid
(“HCI”) failed
at
the bottom,
releasing
HCI
into the secondary containment
structure;
the
tank
had
been filled on
December 11,
2001.
The
HCI
escaped
the secondary containment
system
as well and
a large
quantity migrated through the building to an
exterior driveway with a
lesser amount being
deposited within
a storm water drainage ditch
upon adjacent property.
13.
Atmospheric conditions on
December
16,
2001,
were such
that the
HCI
also
generated
a thick cloud of HCI mist almost immediately upon
release.
Some
of the mist also
was
emitted
from
the site.
14.
At 4:09
p.m., an
employee
of
the Respondent notified the Illinois
Emergency
Management Agency
(“IEMA”) of the release.
At about 7:50
p.m.,
an employee
of the
Respondent reported
to
IEMA that almost 4,000 gallons
of HCI
had
been
released.
At some
point before this 7:50
p.m.
call, local
police,
fire department and
first
responders
arrived
on
site
and
observed the cloud of mist coming
across a field.
First responders also
reported the odor
of chemicals
in
the air and
burning
sensations
in
their eyes and
nostrils.
15.
Twenty residents
living within three-quarters of a
mile of the
site
were
promptly
evacuated
and
several
streets and
subdivisions were closed.
3
16.
A contractor,
M &
I Acid,
was
called to the
site
to
begin
recovery
of
the liquid
acid.
Ultimately
M &
I Acid
was
able to
recover approximately 700 gallons of
HCI.
17.
From December
17,
2001,
through
December
18,
2001,
approximately 63 tons
of lime and
6.4 tons of soda
ash were
used
to neutralize
pooled acid
and
affected
soil.
18.
An
inspection
by the
Illinois
EPA on
December
18,
2001,
confirmed
the spill of
approximately 4,000
gallons
of HCI
and
documented that there were few,
if any, neutralization
materials present on
site,
no collection
or containment pumps or tanks,
and
no air
monitoring
equipment
at
the facility.
19.
Approximately
89 tons of neutralized lime-acid
mixture and
contaminated
soil
were
ultimately removed from
the
site
and transported
to
a
landfill.
20.
The Occupational
Health and
Safety Administration
(“OSHA”) also
sent staff for
an
on-site
inspection
on
December 18,
2001.
The OSHA inspector determined that significant
and
knowing violations
had occurred,
and
a fine was
assessed against
NAL.
21.
On
April 25,
2002,
the
Illinois
EPA was
provided with
the results of analytical
sampling
Of
soils which showed that
all
sample results tested below the Tiered
Approach to
Corrective Action
Objectives
remediation objectives.
22.
By
causing or allowing the release of the
HCI vapor
plume to the ambient air in
sufficient quantities
as to
be injurious
to
human
health,
such
that citizens
had
to
be
evacuated
to ensure their continued
safety,
the Respondent has
caused air pollution and
thereby violated
Section
9(a)
of the Act
,
415
ILCS 5/9(a)
(2004),
and
35
III.
Adm.
Code
Section
201.141.
PRAYER
FOR RELIEF
WHEREFORE, the Complainant,
People
of the
State of Illinois,
respectfully requests
that this Board grant
the following
relief:
4
A.
Find
that the Respondent has violated
Section
9(a) of the Act,
415
ILCS
5/9(a)
(2004)
and
35
III.
Adm.
Code
Section
201.141;
B.
Order the Respondent to
cease and desist from further violations of
the Act and
its
regulations;
C.
Assess against the Respondent a monetary
penalty
in accordance with
the
statutes;
and
D.
Grant
such
other and
further
relief as
this
Board
deems appropriate.
COUNT II
WATER POLLUTION
HAZARD
1.
The Complainant realleges and
incorporates
by reference paragraphs
1
through
19 of
Count
I
as
if fully set forth
herein as paragraphs
1
through
19
of this Count
II.
20.
Section
12
of the Act, 415
ILCS 5/12
(2004), provides,
in
pertinent
part,
as
follows:
No
person shall:
d.
Deposit any contaminants
upon the
land
in
such place and
manner
so as
to
create
a
water pollution hazard;
21.
Section
3.545
of the Act,
415
ILCS 5/3.545
(2004),
provides as
follows:
“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.
5
22.
The
HCI which
had
escaped
the secondary containment system
was deposited
upon
the
land within
a storm water drainage ditch
upon adjacent property within
a quarter mile
of tributaries to
Elm
Creek.
23.
By
causing or allowing
the
HCI to
be
deposited
in such
place
and
manner so as
to create
a water pollution hazard,
the Respondent violated
Section
12(d) of the Act,
415
ILCS
5/12(d)
(2004).
PRAYER FOR
RELIEF
WHEREFORE, the Complainant,
People of the
State of
Illinois,
respectfully requests
that
this
Board
grant the following
relief:
A.
Find
that the Respondent has violated
Section
12(d) of the Act,
415
ILCS 5/12(d)
(2004);
B.
Order the Respondent to cease and
desist from further violations of the Act
and
its
regulations;
C.
Assess against the Respondent a
monetary
penalty in
accordance with
the
statutes;
and
D.
Grant such
other and further
relief as
this
Board
deems appropriate.
Respectfully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS
By 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
6
Of Counsel
Raymond
Callery
Assistant Attorney General
Environmental Bureau/Springfield
500 South
Second Street
Springfield,
Illinois 62706
Date:
II
//‘—i/°i
7