GENERAL
120gg
PO/,Q~.e
No,8
?c13
eS—~/
The Honorable
Dorothy Gunn
Illinois Pollution
Control
Board
James
R.
Thompson
Center,
Ste.
11-500
100
West
Randolph
Chicago,
Illinois 60601
Re:
People
v.
Briggs Industries,
Inc.
Dear Clerk Gunn:
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
Enclosures
Very truly yours,
Phillip McQuillan
Environmental
Bureau
500
South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
500 South Second Street, Springfield,
Illinois
62706
•
(217)
782-1090
•
TTY:
(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
•
flY:
(618) 529-6403
•
Fax: (618)
529-6426
Lisa Madigan
ATtORNEY GENERAl,
OFFICE OF THE AYFORNEY
STATE OF
ILLINOIS
November
17,
2005
PM/pp
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
No~2
~~ce
PEOPLE
OF THE
STATE OF
)
ILLINOIS,
)
Co~~0/9No,8
Complainant,
vs.
)
PCBN0.FCB
O(~—’6’I
(Enforcement)
BRIGGS
INDUSTRIES,
INC.,
a Michigan corporation,
Respondent.
NOTICE
OF FILING
To:
Briggs
Industries,
Inc.
do Joel
A.
Benoit
Mohan Alewelt
Prillaman
& Adami
One
N.
Old
Capitol
Plaza,
Ste.
325
Springfield,
IL 62701
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/Asbestçs
Litigation
Di
ision
BY:_________
PHILLIP McQUlLLAI~
Assistant Attorney General
Environmental
Bureau
500
South Second
Street
Springfield,
Illinois 62706
217/782-9031
Dated:
November
17,
2005
2
CERTIFICATE OF SERVICE
I
hereby certify that
I
did on
November
17,
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:
Briggs
Industries,
Inc.
c/o Joel A.
Benoit
Mohan Alewelt Prillaman
& Adami
One
N,
Old
Capitol Plaza,
Ste. 325
Springfield,
IL 62701
and
the original
and
ten copies
by
First Class
Mail with
postage thereon fully prepaidof-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
,e4i
.~
gdl__
Phillip
McQuillan
Assistant Attorney General
This filing
is
submitted
on
recycled paper.
BEFORE THE ILLINOIS POLLUTION CONTROLBOARD
PEOPLE
OF THE
STATE OF
ILLINOIS,
)
Complainant,
vs.
)
PCB No.
‘-‘
(Enforcement)
BRIGGS INDUSTRIES, INC.,
a Michigan
corporation,
)
Respondent.
ENTRY OFAPPEARANCE
On
behalf
of
the Complainant, PEOPLE OF THE STATE OF
ILLINOIS, PHILLIP
McQUILLAN, AssistantAttorney General of the State of Illinois,
hereby enters his 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
Liti
a
on
ivision
BY:
~2I4
2~
~Ltt
PHILLIP McQUILLAN
Environmental
Bureau
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
‘I,
OP$b
2Oo~
Dated:
November
17, 2005
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
BOARD
‘Is
PEOPLE OF THE STATE
OF
)
ILLINOIS,
)
No~
Complainant,
)
005
vs.
)
PCB
(Enforcement)
BRIGGS
INDUSTRIES,
INC.
a Michigan corporation,
Respondent.
COMPLAINT
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
by
LISA
MADIGAN, Attorney
General of the State of Illinois, complains of Respondent,
BRIGGS INDUSTRIES,
INC., as follows:
COUNT
I
WATER POLLUTION
VIOLATIONS
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.
This Complaint is brought pursuant to Section
31
of the Act, 415
ILCS 5/31
(2002),
after providing the Respondent with notice and the opportunity for a meeting with the Illinois
EPA.
4.
Respondent,
Briggs Industries, Inc.,
is a Michigan corporation not in good standing
in Illinois.
At all times
relevant to this Complaint,
the Respondent has been the operator of a facility
located
in
Robinson,
Crawford County,
Illinois.
5.
Briggs
Industries,
Inc., was sold to Ceramicas
Industriales, South America in
1997.
1
The Robinson facility was closed in August, 1999.
6.
Section
12 of the Act, 415
ILCS 5/12(2002),
provides,
in pertinent part,
as follows:
No
person
shall:
a.
Cause or threaten or allow the discharge
of any contaminants
into
the environment
in any State so
as to cause or tend to
cause water
pollution
in
Illinois,
either alone
or in
combination with
matter from
other sources,
or so
as to violate regulations or standards
adopted
by the Pollution
Control
Board
under this Act;
d.
Deposit any contaminants
upon the
land
in such
place
and
manner
so as
to create
a water pollution hazard.
7.
Section 3.165 of the Act, 415 ILCS 5/3.165(2002) contains the following definition:
“Contaminant”
is any
solid, liquid,
or gaseous matter, any odor or any form
of energy,
from whatever source.
8.
Section 3.545 of the Act, 415
ILCS 5/3.545 (2002), contains the following definition:
“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 water 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.
9.
Section 3.550 of the Act, 415 ILCS 5/3.550 (2002), contains the following definition:
“WATERS”
means
all
accumulations of water, surface
and
underground,
natural, and
artificial,
public and
private,
or parts thereof, which are wholly
or partially within, flow through, or border upon this State.
10.
On January 13, 2000, the
Illinois
EPA
inspected
the facility
and
observed
open
dumping of wastewater
treatment sludge that created
sludge
piles.
11.
The sludge
piles are approximately ten
fee above grade
with a diameter
of
approximately 30 feet.
The sludge
piles consist mainly of
sand,
clay,
a flocculent,
and aluminum
sulfate.
2
12.
The
open
dumping
of
wastewater
treatment
sludge
threatens
to
discharge
contaminants which would cause or tend to cause water pollution
by runoff to surface waters and
by impact
to groundwater.
13.
By causing, allowing
or threatening the discharge of contaminants to waters of the
State so
as to cause or tend
to cause water pollution in
Illinois orto violate the-Board’s regulations
or standards,
the Respondent has
violated
Section
12(a) of the Act,
415
ILCS 5/12(a)
(2002).
14.
The open dumping of wastewater treatment sludge is a deposition of contaminants
creating
a
water
pollution
hazard,
both
through
runoff
to
surface
waters
and
by
impact
to
groundwater.
15.
By depositing contaminants upon
the land
in such
place and
manner as
to
cree,~e-
a water pollution hazard, the Respondent has 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
request that the
Board
enter an
order against the Respondent:
A.
Authorizing a hearing in this matter, at which time, the Respondent will
be required
to answer the allegations herein;
B.
Finding
that
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.
Assessing against Respondent a civil penalty of fifty thousand dollars ($50,000JJfi)
for each violation of the Act,
and an additional penalty of ten thousand dollars ($1O;0000Q)ioreauh
day during which
each violation
has
continued thereafter;
E.
Awarding
to
Complainant its costs and
reasonable
attorney’s fees;
and
3
F.
Granting
such
other relief as
the
Board
may deem appropriate.
COUNT
II
OPEN DUMPING VIOLATIONS
1-6.
Complainant realleges and incorporates herein by reference paragraphs
1
through
Sand
paragraph
10 of Count
I as paragraphs
1
through
6 of this Count
I.
7.
Section
21(a)
and
2l(p)(l)
of
the Act,
415
ILCS
5/21(a)
and
21(p)(1)
(2002),
provides,
in pertinent
part,
as follows:
No
person
shall:
(a)
Cause or allow the open
dumping
of any waste.
(p)
In
violation of subdivision (a) of this Section, cause of allow the open
dumping
of
any
waste
in
a
manner
which
results
in
any
of
the
following occurrences
at the dump
site:
1)
Litter;
8.
Section
3.305
of the Act,
415
ILCS 5/3.305
(2002),
provides
as follows:
“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.
9.
Section
3.445
of the Act,
415
ILCS 5/3.445
(2002),
provides,
in
pertinent
part,
as
follows:
“SANITARY
LANDFILL”
means
a facility
permitted
by
the Agency for the
disposal
of
waste
on
land
.
.
.
without
creating
nuisances
or hazards
to
public
health
or safety,
by
confining
the
refuse
to
the
smallest
practical
volume and
covering
it with
a layer of earth at the conclusion
of each day’s
operation, or by such other methods and intervals as the Board may provide
by
regulation.
10.
Since on or before January 13,2000, and continuing through the date of filing of this
4
Complaint, the Respondent has caused or allowed the open dumping of waste sludge at a disposal
site
located
at
its
Robinson facility.
11.
The disposal site located on the Resondent’s property is not permitted by the Illinois
EPA
as
a “sanitary
landfill,”
as that
term
is defined
under Section
3.445
of
the Act,
415
ILCS
5/3.445 (2002),
nor does the disposal site meet the sanitary landfill
requirements of the Act and
its
regulations.
12.
By
causing or allowing
the open
dumping
of waste,
the Respondent has violated
Section
21(a) of the Act, 415
ILCS
5/21(a) (2002).
13.
Since on or before January 13,2000, and continuing through the date of filing of this
Complaint,
the Respondent has caused
or allowed the open
dumping
of waste
in a manner that
has resulted
in
the accumulation of litter at the dump
site located
at the Robinson facility.
14.
By causing
or allowing the open
dumping of waste in a mannerwhich
has resulted
in
litter
at
the
dump
site,
the
Respondent
has
violated
Section
21(p)(1)
of
the Act,
415
ILCS
S/21(p)(1) (2002).
PRAYER FOR RELIEF
WHEREFORE,
Complainant,
the
PEOPLE
OF THE
STATE
OF
ILLINOIS,
respectfully
request that the
Board
enter an order against
the Respondent:
A.
Authorizing a
hearing in this matter, at which time, the Respondentwill
be required
to answer the allegations
herein;
B.
Finding that
Respondent has
violated the Act
and
regulations as
alleged herein;
C.
Ordering Respondent to cease and desist from
any furtherviolations
of the Act and
associated
regulations;
0.
Assessing against Respondent a civil penalty of fifty thousand dollars ($50,000.00)
for each violation of the Act, and an additional penalty often thousand dollars ($10,000.00) for each
5
day during which each violation has continued thereafter;
E.
Awarding
to Complainant its
costs
and
reasonable
attorney’s fees;
and
F.
Granting
such other
relief as the
Board
may deem
appropriate.
Respectfully 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
Environmental
Bureau
Assistant Attorney General
Of Counsel:
Phillip
McQuillan
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
6