Lisa Madigan
A9"rGRNEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
December 15, 2005
Re
:
People v .
Moore Painting Co. and Illinois-American Water
Co .
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
.
Very truly yours,
"
ik'Lc
Homan
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
RECEIVED
DEC 2 0 2005
STATE OF ILLINOIS
Pb fudon Control Board
1001 East Main, Carbondale, Illinois 62901
•
(618) 529-6400
•
TTY: (618) 529-6403
•
Fax: (618) 529-6416
JLH/pp
Enclosures
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
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC 2 0 2005
PEOPLE OF THE STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Control Board
Complainant,
)
vs .
PCB No .
vG a 04
(Enforcement)
MOORE PAINTING CO ., an Illinois
)
corporation, and ILLINOIS-AMERICAN
)
WATER COMPANY, an Illinois
)
corporation,
)
Respondents .
)
NOTICE OF FILING
To :
MOORE PAINTING CO
.
ILLINOIS-AMERICAN WATER CO .
c/o H. Dennis Moore, R.A
.
c/o CT Corporation System, R .A .
4522 Alton Comm Parkway
208 S. LaSalle Street, Ste. 814
Alton, IL 62002
Chicago, IL 60604
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
LitigatiomD
'1
BY :
J,aL HOMAN
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: December 15, 2005
2
CERTIFICATE OF SERVICE
I hereby certify that I did on December 15, 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: MOORE PAINTING CO
.
c/o H. Dennis Moore, R.A .
4522 Alton Comm Parkway
Alton, IL 62002
ILLINOIS-AMERICAN WATER CO
.
c/o CT Corporation System, R.A .
208 S. LaSalle Street, Ste . 814
Chicago, IL 60604
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
J . ~L. Roman
Assistant Attorney General
This filing is submitted on recycled paper
.
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
PEOPLE OF THE STATE OF
)
DEC 2 0 2005
ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
vs .
)
PCB No . UG
_
(Enforcement)
MOORE PAINTING CO., an Illinois
)
corporation, and ILLINOIS-AMERICAN
)
WATER COMPANY, an Illinois
)
corporation,
)
Respondents .
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, J . L. HOMAN,
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
Litigation
sion
BY :
J. L;>H
,M N
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois
62706
217/782-9031
Dated: December 15,
2005
REC EIVECD
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC 2 0 2005
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
-VS-
PCB No
.
to
(Enforcement)
MOORE PAINTING CO., and ILLINOIS-
)
AMERICAN WATER COMPANY,
)
Respondents .
)
F0006n
Con
ILLINOIS
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, MOORE PAINTING CO., and
ILLINOIS-AMERICAN WATER COMPANY, as follows
:
COUNTI
AIR POLLUTION
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
(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 alia,
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
(2004), after providing the Respondents with notice and opportunity for a meeting with the
Illinois EPA .
4 .
Respondents, MOORE PAINTING CO. ("Moore"), and ILLINOIS-AMERICAN
WATER COMPANY ("Illinois-American"), are each an Illinois corporation in good standing
. The
registered agent for Moore is H . Dennis Moore and he may be reached at 4522 Alton Comm
Parkway, Alton, Illinois, 62002 . The registered agent for Illinois-American is CT Corporation
System, 208 S . LaSalle Street, Suite 814, Chicago, IL 60604 .
5 .
At all times relevant to this Complaint, Illinois-American has been a public utility
providing potable water and sanitary sewer services to various communities in Illinois and
Moore has been a contractor hired by Illinois-American to remove paint and then repaint a
vertical water storage tank located at 1013 Cardinal Street ("Cardinal St . Tank" or "site") in a
residential area of the City of Alton, Madison County, Illinois .
6 .
The Respondents entered into a "Tank Maintenance Agreement" in March 2004
to govern all aspects of the Cardinal St . Tank project. This agreement also comprised
subsequent submittals by Moore for the abatement of the lead-based paint on the Cardinal St
.
Tank. The agreement,
inter alia,
indicated that prior to abatement Moore must treat the lead-
based paint with a specified chemical to bind the lead and mitigate leaching; that Moore must
not employ open abrasive blasting or uncontained hydro blasting ; that Moore must provide for
total containment unless alternative methods were approved by Illinois-American ; and that
Moore must collect and dispose of the resulting lead-based paint wastes as hazardous waste,
7 .
On a date better known to the Respondents, Moore submitted to Illinois-
American an amendment to the tank maintenance agreement proposing to use an "alternate
robotic blast procedure" in conjunction with a "slurry blast" on areas not reached by the robotic
blasting . Illinois-American either approved or failed to reject the amendment and thereby
allowed Moore to proceed without the necessary total containment
.
8 .
On June 3, 2004, Moore employed uncontained hydro blasting on the lead-
based paint on the Cardinal St. Tank .
2
9 .
On June 4, 2004, there was an accumulation of the resulting lead-based paint
wastes, including the blasting grit or media, on tarps on the ground along the base of the
Cardinal St. Tank, on the ground of the vacant lot to the east and the backyard of the residence
to the south, and in the street to the north
.
10 .
On June 4, 2004, the Illinois EPA collected a sample of water being discharged
from the site and three samples of wastes on the ground of the vacant lot to the east and the
backyard of the residence to the south .
Lead was subsequently determined to be present in all
four samples, one of which tested to be hazardous at a level of 1,980 /milligrams per
kilogram/parts per million
.
11
.
On June 7, 2004 and June 11, 2004, the Illinois EPA conducted meetings at the
site with representatives of Illinois American and Moore, to discuss the situation
.
12
.
On June 29, 2004, the Illinois EPA conducted a follow-up inspection of the site
and observed a significant amount of paint chips and grit in the vacant lot to the east of the
tank, and on residences south of the tank
.
13 .
Section 3.165 of the Act, 415 ILCS 5/3.165 (2004), defines "contaminant" as
follows
:
"Contaminant" is any solid, liquid, or gaseous matter, any odor, or
any form of energy, from whatever source
.
14 .
Section 9(a) of the Act, 415 ILCS 5/9(a) (2004), provides
:
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
;
15 .
Section 3.115 of the Act, 415 ILCS 5/3 .115 (2004), defines "air pollution" as
follows :
3
201 .141, provides
:
"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 .
16 .
Section 201 .141 of the Board's Air Pollution Regulations, 35 III . Admin. Code
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
.
17
.
The Respondents failed to implement effective precautions during the removal of
lead-based paint from the Cardinal St. Tank, and thereby caused and allowed the emissions of
lead and other 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 .
18 .
By causing, threatening or allowing the discharge or emission of any
contaminant into the air of the State so as to cause or tend to cause air pollution, the
Respondents have violated Section 9(a) of the Act, 415 ILCS 5/9(a) (2004), and Section
201 .141 of the Board's Air Pollution Regulations, 35 III . Admin. Code 201 .141
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondents, MOORE PAINTING CO ., and ILLINOIS-
AMERICAN WATER COMPANY
:
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 has 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) (2004), impose a civil
penalty of not more than the statutory maximum; and
E .
Granting such other relief as the Board may deem appropriate .
COUNTII
WATER POLLUTION
1-13 .
Complainant realleges and incorporates herein by reference paragraphs 1
through 13 of Count I as paragraphs 1 through 13 of this Count II
.
14
.
Section 12(d) of the Act, 415 ILCS 5/12(d) (2004), provides, as follows :
No person shall
:
t h *
d
.
Deposit any contaminants upon the land in such place and manner as to
create a water pollution hazard
;
15 .
Section 3 .545 of the Act, 415 ILCS 5/3 .545 (2004), 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
.
16 .
Section 3.550 of the Act, 415 ILCS 5/3 .550 (2004), contains the following
definition :
5
'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
.
17 .
The Respondents failed to implement effective precautions during the removal of
lead-based paint from the Cardinal St. Tank, and thereby deposited lead and other
contaminants upon the ground in such place and manner as to create a water pollution hazard
.
18
.
By creating a water pollution hazard, the Respondents have violated Section
12(d) of the Act, 415 ILLS 5/12(d) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondents, MOORE PAINTING CO ., and ILLINOIS-
AMERICAN WATER COMPANY
:
A .
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein
;
B .
Finding that Respondents has 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) (2004), impose a civil
penalty of not more than the statutory maximum ; and
E .
Granting such other relief as the Board may deem appropriate
.
COUNT III
WASTE DISPOSAL VIOLATIONS
1-13 .
Complainant realleges and incorporates herein by reference paragraphs 1
through 13 of Count I as paragraphs 1 through 13 of this Count III
.
6
follows :
14 .
Section 21 of the Act, 415 ILLS 5/21 (2004), provides, in pertinent part, as
No person shall
:
a .
Cause or allow the open dumping of any waste
.
Y + f
e
.
Dispose, treat, store or abandon any waste
.
. . except at a site which
meets the requirements of this Act and of regulations and standards
thereunder .
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 ©) of Section 22 .4 of this Act .
15 .
Section 3.185 of the Act, 415 ILCS 5/3 .185 (2004), provides
:
"Disposal" means the discharge, deposit, injection, dumping, spilling,
leaking or placing of any waste or hazardous waste into or on any land or
water or into any well so that such waste or hazardous waste or any
constituent thereof may enter the environment or be emitted into the air
or discharged into any waters, including ground waters .
16 .
Section 3.535 of the Act, 415 ILLS 5/3.535 (2004), provides
:
"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
.
.
.
.
17
.
Section 722.111 of the Board's Waste Disposal Regulations, 35 III . Adm. Code
722.111, provides: "A person who generates a solid waste
.
.
. shall determine if that waste is a
hazardous waste
.
.
18 .
Section 808.121 (a) of the Board's Waste Disposal Regulations, 35 III. Adm
.
Code 808 .121(a), provides: "Each person who generates waste shall determine whether the
waste is a special waste ."
7
19 .
As a material containing contaminants and resulting from commercial operations,
the lead-based paint removed from the Cardinal St . Tank, including the blasting grit or media, is
a "waste" as that term is defined at Section 3 .535 of the Act, 415 ILCS 5/3.535 (2004)
.
20 .
The Cardinal St. Tank is a site or facility that does not meet the requirements of
this Act and of the regulations and standards thereunder, for waste disposal, as referenced in
Section 21(e) of the Act, 415 ILCS 5/21(e) (2004)
.
21
.
The Respondents failed to implement effective precautions during the removal of
lead-based paint from the Cardinal St . Tank, and thereby deposited waste in such a way as to
cause or allow the open dumping of wastes
.
22
.
By depositing, dumping, or abandoning the lead-based paint wastes (including
the blasting grit or media), the Respondents have caused or allowed open dumping and thereby
violated Section 21 (a) of the Act, 415 ILCS 5/21 (a) (2004)
.
23
.
By depositing, dumping, or abandoning the lead-based paint wastes (including
the blasting grit or media), the Respondents have disposed of waste at a site or facility that
does not meet the requirements of this Act and of the regulations and standards thereunder
and thereby violated Section 21(e) of the Act, 415 ILCS 5/21(e) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondents, MOORE PAINTING CO ., and ILLINOIS-
AMERICAN WATER COMPANY :
A .
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein
;
B .
Finding that Respondents has violated the Act and regulations as alleged herein
;
8
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) (2004), impose a civil
penalty of not more than the statutory maximum ; and
E .
Granting such other relief as the Board may deem appropriate .
COUNT IV
OPEN DUMPING
1-13
.
Complainant realleges and incorporates herein by reference paragraphs 1
through 13 of Count I as paragraphs 1 through 13 of this Count IV
.
14
.
Section 21 of the Act, 415 ILCS 5/21 (2004) provides in pertinent part as follows
:
No person shall
:
•
h 1
(p) In violation of subdivision (a) of this Section, cause or allow the open
dumping of any waste in a manner which results in any of the following
occurrences at the dump site
:
(1) litter;
f
15
.
By employing uncontained hydro blasting on the lead-based paint on the
Cardinal St. Tank in such a way as to cause or allow the open dumping of lead-based paint
wastes (including the blasting grit or media) resulting in litter, the Respondents have violated
Section 21(p)(1) of the Act, 415 ILCS 5/21(p)(1)(2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondents, MOORE PAINTING CO ., and ILLINOIS-
AMERICAN WATER COMPANY :
9
A
.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein
;
B .
Finding that Respondents has 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) (2004), impose a civil
penalty of not more than the statutory maximum; and
E
.
Granting such other relief as the Board may deem appropriate
.
COUNT V
HAZARDOUS WASTE DETERMINATION VIOLATIONS
1-13
.
Complainant realleges and incorporates herein by reference paragraphs 1
through 13 of Count I as paragraphs 1 through 13 of this Count V .
14 .
Section 722.111 of the Board's regulations, 35 III . Adm. Code 722.111, provides
as follows :
A person that generates a solid waste, as defined in 35 III. Adm .
Code 721 .102, must 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 Subpart D of 35 III . Adm. Code
721
.
15 .
The Respondents failed to make any hazardous waste determination on the
lead-based paint wastes, including the blasting grit or media, as required by Section 722 .111 of
the Board's Hazardous Waste Regulations, 35 III. Adm. Code 722.111
.
1 0
16 .
By failing to perform hazardous waste determinations, the Defendant has
violated Section 722.111 of the Board's Hazardous Waste Regulations, 35 Ill . Adm. Code
722.111
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondents, MOORE PAINTING CO ., and ILLINOIS-
AMERICAN WATER COMPANY :
A .
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein
;
B
.
Finding that Respondents has 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) (2004), impose a civil
penalty of not more than the statutory maximum ; and
E
.
Granting such other relief as the Board may deem appropriate
.
COUNT VI
SPECIAL WASTE DETERMINATION VIOLATIONS
1-13
.
Complainant realleges and incorporates herein by reference paragraphs 1
through 13 of Count I as paragraphs 1 through 13 of this Count V
.
14
.
Section 808.121 of the Board's regulations, 35 III . Adm. Code 808.121, provides
as follows
:
a)
Each person who generates waste shall determine whether
the waste is a special waste
.
BOARD NOTE : 35 III. Adm. Code 722 requires the person to also
1
1
determine if the waste is a hazardous waste
.
15
.
The Respondents failed to make any special waste determination on the lead-
based paint wastes, including the blasting grit or media, as required by Section 808 .121 (a) of
the Board's regulations, 35 III . Adm. Code 808.121(a) .
16 .
By failing to perform special waste determinations, the Defendant has violated
Section 808.121 (a) of the Board's Hazardous Waste Regulations, 35 III . Adm. Code 808 .121(a)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondents, MOORE PAINTING CO ., and ILLINOIS-
AMERICAN WATER COMPANY :
A .
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein ;
B .
Finding that Respondents has 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) (2004), impose a civil
penalty of not more than the statutory maximum; and
E
.
Granting such other relief as the Board may deem appropriate
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
ex reh
LISA MADIGAN, Attorney General
12
Of Counsel
J .L. HOMAN
Assistant Attorney General
Environmental Bureau/Springfield
500 South Second Street
Springfield, Illinois 62706
Date
: ; // `r/10 r
of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement Division
BY
:
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
13
