Lisa Madigan
AI I'ORNPY (;FNFRAI,
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
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
.
RIGINAL
RECEIVED
CLERK'S OFFICE
DEC 2 7 2005
OFFICE OF THE ATTORNEY GENERAL STATE OF
ILLINOIS
STATE OF ILLINOIS
Pollution Control Board
December 22, 2005
Re
:
People v. National City Environmental,
LLC,
et al.
Delbert D. Haschemeyer
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
1001 East Main, Carbondale, Illinois 62901
•
(618) 529-6400
•
'1"FY: (618) 529-6403
•
Fax: (618) 529-6416
DDH/pp
Enclosures
500 South Second Strcct, Springfield, Illinois 62706
•
(217) 782-1090
•
'1"1'Y:
(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
ORIGINAL
R
ECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
PEOPLE OF THE STATE OF
DEC 2 7 2005
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Control Board
Complainant,
)
vs .
)
PCB No .
de q
jS
(Enforcement)
NATIONAL CITY ENVIRONMENTAL,
)
LLC, an Illinois limited liability
)
corporation, and NATIONAL CITY
)
RECYCLING, LLC, an Illinois limited
)
liability corporation,
)
Respondent.
)
NOTICE OF FILING
To: NATIONAL CITY ENVIRONMENTAL, LLC
c/o JB Corporate Services, Inc .
One IBM Plaza, Suite 3700
Chicago, IL 606011
NATIONAL CITY RECYCLING, LLC
c/o JB Corporate Services, Inc
.
One IBM Plaza, Suite 3700
Chicago, IL 606011
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
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: December 22, 2005
2
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
/
:
'-T
0
.
HAS HEMEYE -l
Assistant Attorney General
Environmental Bureau
BY :
ORIGINAL
RER
,E."VEo
CERTIFICATE OF SERVICE
DEC 2 7 2005
P
oution OF ILLINOIS
Control Board
I hereby certify that I did on December 22, 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 :
NATIONAL CITY ENVIRONMENTAL, LLC
c/o JB Corporate Services, Inc
.
One IBM Plaza, Suite 3700
Chicago, IL 606011
NATIONAL CITY RECYCLING, LLC
c/o JB Corporate Services, Inc .
One IBM Plaza, Suite 3700
Chicago, IL 606011
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
Delbert D Haschemeyer
Assistant Attorney General
This filing is submitted on recycled paper .
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: December 22, 2005
ORIGINAL
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs .
)
PCB No .
(Enforcement)
NATIONAL CITY ENVIRONMENTAL,
)
LLC, an Illinois limited liability
)
corporation, and NATIONAL CITY
)
RECYCLING, LLC, an Illinois limited
)
liability corporation,
)
Respondents
.
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, DELBERT D
.
HASCHEMEYER, Assistant Attorney 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
Litigation Division
BY :
DEL
T
SCHEMEYER
Environmental Bureau
Assistant Attorney General
RECEIVED
CLERK'S OFFICE
DEC 2 7 2005
STATE OF ILLINOIS
Pollution Control Board
ORIGI\AL
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
vs .
)
PCB No . of
~I~
(Enforcement)
NATIONAL CITY ENVIRONMENTAL,
)
LLC, an Illinois limited liability
)
corporation, and NATIONAL CITY
)
RECYCLING, LLC, an Illinois limited
)
liability corporation,
)
Respondents
.
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney
General of the State of Illinois, complains of Respondents, NATIONAL CITY ENVIRONMENTAL,
LLC, and NATIONAL CITY RECYCLING, LLC, as follows
:
COUNT I
PERMIT VIOLATIONS AT THE NORTHWEST UNIT (ACTIVE AREA)
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 the terms and conditions
of Section 42 of the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/42 (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
.
3 .
At all times relevant to this complaint, NATIONAL CITY ENVIRONMENTAL, LLC,
was the owner and NATIONAL CITY RECYCLING, LLC, was the operator of a facility located
in
National City, St. Clair County, Illinois ("facility")
.
The facility is commonly known as, and the
I
RECEIVED
CLERK'S OFFICE
DEC 2 7 2005
STATE OF ILLINOIS
Pollution Control Board
Respondents are hereinafter collectively referred to as, "St . Louis Auto Shredding."
4
.
The operations of St. Louis Auto Shredding at the facility include the shredding of
automobiles and white goods
(e.g . household appliances), the recycling of materials, and the
disposal of waste in on-site landfills, which are designated as the Northwest Unit (Active Area) and
the Southeast Unit (Closed Area) .
5
.
The Southeast Unit has been closed under the 807 regulations and ceased
accepting waste in September 1992 . The Northwest Unit operates under the 814 Subpart C
regulations
.
6
.
The Illinois EPA has previously issued permits to St. Louis Auto Shredding, including
Permits 1994-065-LFM and 1996-293-SP
.
7 .
Permit 1994-065-LFM, Vol. II, ch . 5, pp. 19-20 - Elimination of Trench 3, provides
:
The NW fill area was originally permitted for development in 1976
.
.
. . The
waste in Trench 3 will be removed so that the liner and leachate
drainage/collection systems may be installed over the entire NW fill area
.
.
.
.
Alternatively, St. Louis Auto Shredding may submit for approval, a
modified design for this portion of the site (eliminating the need for removal)
or a modified design appropriate for disposal of the waste as characterized
.
8 .
Permit 1994-065-LFM, Condition V.10, provides :
The following monitoring points are to be used in the groundwater detection
monitoring program for this facility (Wells G32M, G33M and G34M shall be
installed in locations shown on Figure 1 of the addendum dated February
27, 2001 to Application Log No. 2000-362)
.
.
.#G32M, #G33M and #G34M
Installation date @ 15 May 2001
.
.
. @ Wells must be installed in order to
obtain 2nd quarter 2001 sampling
.
9
.
Permit 1994-065-LFM, Condition V.12(d), provides :
The application groundwater quality standards (AGQS) are subject to the
following conditions
:
d
.
AGQS values must be determined for all of the parameters which
appear in either Lists G1 or G2
.
AGQS values must also be
2
established for the dissolved constituents listed in G1 . These shall
be proposed in a permit application to be submitted to the Illinois
EPA no later than October 31, 1994 . The AGQS values shall be
calculated using the statistical method described on page 15 of
Attachment 11 to the application, Log No . 1994-065 .
10 .
Permit 1994-065-LFM, Condition V.14, provides :
A complete listing of MAPC's for each parameter listed in Condition V.12 for
each well within the zone of attenuation identified in Condition V .10 shall be
proposed in a permit application to be submitted to the Illinois EPA no later
than October 31, 1994
.
11 .
Permit 1994-065-LFM, Condition V.17, provides
:
Within 90 days of confirmation of any monitored increase, the operator shall
submit a permit application for significant modification to begin an
assessment monitoring program in order to determine whether the solid
waste disposal facility is the source of the contamination and to provide
information needed to carry out a groundwater impact assessment in
accordance with 35 IAC 811 .819(b) .
12 .
Permit 1994-065-LFM, Condition V.221, provides
:
The operator shall implement the revised assessment monitoring plan dated
July 13, 2000, and approved as Modification No . 2 .
.
.
.
All data collected
during assessment and the results of the assessment activities shall be
submitted to the Illinois EPA,. along with findings and recommendations as
an application for significant modification no later than December 31, 2001
.
During assessment monitoring and pending approval of the assessment
report, piezometers P26M, P22M and P24M shall be monitored in
accordance with Special Condition V.12 and V.20 .
13 .
Per permit 1994-065-LFM, St . Louis Auto Shredding was to submit maximum
allowable predicted concentrations ("MAPC") and applicable groundwater quality standards
("AGQS") values in order to determine site-specific groundwater quality standards . St. Louis Auto
Shredding did submit the AGQS values via a permit application in July 1996, but the application
was denied by the Illinois EPA in September 1996
.
14
.
In October 1998, the Illinois EPA conducted a groundwater sampling event and a
groundwater compliance inspection. As a result of this inspection, the Illinois EPA determined the
existence of various compliance deficiencies ; the Illinois EPA subsequently issued violation notices
3
("VN") to the site owner and operator. In St. Louis Auto Shredding's Compliance Commitment
Agreement, the Respondents pledged to submit the MAPC and AGQS proposed values as a permit
application by April 1999 . This application was received as #199-146, but contained deficiencies .
St. Louis Auto Shredding requested a meeting with the Illinois EPA in September 1999, and the
result was that the Respondents agreed to submit an Assessment Plan by November 1999
.
15
.
The Assessment Plan was submitted and approved by the Illinois EPA. From the
Assessment Plan, a Groundwater Assessment Report was submitted to the Illinois EPA as permit
application 2002-182. This Assessment Report was to contain additional data and information
essential for review of applications 1999-146 and 1999-134. On January 31, 2003, permit
applications 2002-182, 1999-134 and 1999-146 were denied .
16 .
Thus, at all times relevant to this complaint, continuing until on or about January 21,
2005, St . Louis Auto Shredding has disposed of waste in the Northwest Unit (Active Area) without
an operating permit issued by the Illinois EPA
.
17 .
On November 26, 2002, and February 3, 2003, the Illinois EPA conducted
inspections of the facility
.
18
.
As a result of these inspections, the Illinois EPA issued VN -2002-01055 and M-
2002-1057 to the Respondents. A meeting between St. Louis Auto Shredding and the Illinois EPA
was held on April 18, 2003. On May 1, 2003, St. Louis Auto Shredding submitted a revised
Compliance Commitment Agreement and waived the requirements of Section 31
.
19 .
Permit 1994-065-LFM requires that St . Louis Auto Shredding install liner and
leachate drainage/collection systems within the Northwest Unit (Active Area)
; this installation as
originally designed would first require the removal of waste from a portion of the Northwest Unit
(Active Area) designated as Trench 3. This permit allows, alternatively, St . Louis Auto Shredding
to submit to the Illinois EPA a modified design for this portion (eliminating the need for removal)
4
I
or a modified design appropriate for disposal of the waste as characterized
.
20
.
Commencing on some date known to Respondent and continuing to some date
known to Respondent, St. Louis Auto Shredding has failed to either remove the waste from Trench
3 of the Northwest Unit (Active Area) or submit to the Illinois EPA a modified design for this portion
.
21
.
Permit 1994-065-LFM, Conditions V.3c and V.3d, also requires that St. Louis Auto
Shredding shall sample and test upgradient wells twice . By December 31, 1994, the operator shall
submit to the Illinois EPA an application for significant modification which includes the following
information
:
c. The groundwater data from at least two sampling events, including
an evaluation, comparing the AGQS values listed in Condition V.12
of this permit to the new data from upgradient wells G20S, G20M
and G20D
.
d .
If the new groundwater data indicates a significant change from the
AGQS values in this permit, the operator shall include a reevaluation
of the groundwater impact assessment and a proposal for the
establishment of new AGQS and MAPC values
.
One of the primary purposes of such an application is to provide a re-evaluation of the groundwater
impact assessment in the event that sampling data indicates a significant change in groundwater
quality. At all times relevant to this complaint, St . Louis Auto Shredding has failed to submit to the
Illinois EPA an approved application for the significant modification of permit to address the
necessary groundwater issues .
22 .
Commencing on some date known to Respondent, St . Louis Auto Shredding has
failed to install groundwater monitoring wells as specified in permit 1994-065-LFM, Condition V .10,
to-wit: wells G32M, G33M and G34M
.
23
.
Permit 1994-065-LFM, Condition V.12(d), requires that AGQS values must be
determined for all of the parameters which appear in either Lists G1 or G2 . These were to be
5
proposed in a permit application to be submitted to the Illinois EPA by no later than October 31,
1994. To date, no approved application for significant modification containing AGQS values has
been submitted to the Illinois EPA .
24 .
Permit 1994-065-LFM, Condition V.14, requires a complete listing of MAPC's for
each parameter listed in Condition V .12 for each well within the zone of attenuation identified in
Condition V.10 to be proposed in a permit application submitted to the Illinois EPA no later than
October 31, 1994 . To date, no approved MAPC list has been submitted as a permit application to
the Illinois EPA .
25
.
Permit 1994-065-LFM, Condition V.17, requires that within 90 days of confirmation
of any monitored increase, the operator shall submit a permit application for significant modification
to begin an assessment monitoring program in order to determine whether the solid waste disposal
facility is the source of the contamination and to provide information needed to carry out a
groundwater impact assessment in accordance with 35 III. Adm. Code 811 .319(b). To date, no
permit has been acquired for a significant modification to begin an assessment monitoring program
has been submitted to the Illinois EPA, although the facility has monitored increases as defined by
Condition V.16
.
26. Permit 1994-065-LFM, Condition V.21, requires that the operator shall implement
the revised assessment monitoring plan dated July 13, 2000, and approved as Modification No. 2
.
All data collected during assessment and the results of the assessment activities shall be submitted
to the Illinois EPA, along with findings and recommendations as an application for significant
modification no later than December 31, 2001 . To date, no approved assessment report has been
submitted, as the assessment report which was submitted as permit application 2002-182 was
denied by the Illinois EPA on January 21, 2003
.
27
.
Section 21 of the Act, 415 ILCS 5/21 (2004) provides, in pertinent part, as follows
:
6
No personal shall
:
d .
Conduct any waste-storage, waste-treatment, or waste-disposal
operation :
1
.
Without a permit granted by the Agency or in violation of any
conditions imposed by such permit .
.
.
. ; or
2 .
In violation of any regulations or standards adopted by the
Board under this Act; or
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 thereunder
.
28 .
By conducting waste-disposal operation sin the Northwest Unit (Active Area) without
an operating permit issued by the Illinois EPA, the Respondents have violated Section 21 (d)(1) of
the Act, 415 ILCS 5/21(d)(1) (2004) .
29. By failing to either timely remove the waste from Trench 3 of the Northwest Unit
(Active Area) or submit to the Illinois EPA a modified design for this portion, the Respondents
violated Permit 1994-065-LFM and thereby violated Section 21(d)(1) of the Act,
415 ILCS
5/21(d)(1) (2004) .
30
.
By failing to submit to the Illinois EPA an approved application for the significant
modification of permit to address the necessary groundwater issues, the Respondents
have
violated Permit 1994-065-LFM, Conditions V.3c and V.3d and thereby violated Section 21 (d)(1) of
the Act, 415 ILCS 5/21(d)(1) (2004)
.
31
.
By failing to timely install groundwater monitoring wells as specified, to-wit : wells
G32M, G33M and G34M, the Respondents have violated Permit 1994-065-LFM, Condition V .10
7
and thereby violated Section 21(d)(1) of the Act, 415 ILCS 5/21(d)(1) (2004)
.
32 .
By failing to submit to the Illinois EPA an approved application for significant
modification containing AGQS values, the Respondents have violated Permit 1994-0665-LFM,
Condition V.12(d) and thereby violated Section 21(d)(1) of the Act, 415 ILCS 5/21(d)(1) (2004)
.
33 .
By failing to submit to the Illinois EPA an approved MAPC list as a permit application
to the Illinois EPA, Respondents have violated Permit 1994-065-LFM, Condition V .14 and thereby
violated Section 21 (d)(1) of the Act, 415 ILCS 5/21 (d)(1) (2004) .
34. By failing to submit a permit application for a significant modification to begin an
assessment monitoring program to the Illinois EPA, although the facility monitored increases as
defined by Condition V.16, the Respondents have violated Permit 1994-065-LFM, Condition V .17
and thereby violated Section 21 (d)(1) of the Act, 415 ILCS 5/21 (d)(1) (2004)
.
35
.
By failing to submit an approved assessment report to the Illinois EPA, the
Respondents have violated Permit 1994-065-LFM, Condition V .21 and thereby violated Section
21(d)(1) of the Act, 415 ILCS 5/21(d)(1) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully requests
that the Board enter an order against the Respondents, NATIONAL CITY ENVIRONMENTAL, LLC,
and NATIONAL CITY RECYCLING, LLC, as follows :
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 anyfurther 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
8
of up to Fifty Thousand Dollars ($50,000.00) for each violation of the Act, and an additional penalty
of Ten Thousand Dollars ($10,000.00) for each day during which each violation has continued
thereafter;
E .
Pursuant to Section 42(f) of the Act, 415 ILCS 52(f) (2004), awarding to Complainant
its costs and reasonable attorney's fees ; and
F
.
Granting such other relief as the Board may deem appropriate .
COUNTII
PERMIT VIOLATIONS AT SOUTHEAST UNIT (CLOSED AREA)
1-27 .
Complainant realleges and incorporates by reference herein paragraphs 1 through
27 of Count I as paragraphs 1 through 27 of this Count II .
28 .
Permit 1996-293-SP, Attachment A, Monitoring Program, Item 6 .b ., provides
:
The permittee shall conclude that a significant change in groundwater
quality has occurred if
.
. . the value for any parameter exceeds: The Class
I groundwater quality standards listed in Subpart D of 35 IAC 620 Standards
(this class applies until an adequate determination has been made by the
Permittee that another class applies pursuant to Subpart B of 35 IAC 620
Standards .)
29
.
Permit 1996-293-SP, Attachment A, Monitoring Program, Item 8 .b., provides :
In the event a significant change in groundwater quality has occurred or has
been confirmed, the permittee shall : Submit an assessment monitoring plan
within 30 days of the significant change as determined in Item No . 6 or No .
7 above in the form of a supplemental permit application . The assessment
monitoring plan shall include appropriate methods for determining the
source of the increase, the potential threat to human health and the
environment and the concentration and extent of the contaminants if any
.
The assessment monitoring plan shall, at a minimum, include expanded
sampling requirements for the affected well(s) and shall be implemented
within 30 days of approval from the Illinois EPA
.
30 .
Permit 1996-293-SP, requires that St. Louis Auto Shredding determine from the
groundwater sampling data whether the Class I groundwater quality standards have been
exceeded. One of the primary purposes of such determination is to propose pursuant to permit
9
1996,293-SP, Attachment A, Monitoring Program, Item 8 .b, a groundwater assessment monitoring
plan in the event that sampling data indicates a significant change in groundwater quality
.
31
.
At all times relevant to this complaint, St . Louis Auto Shredding has failed to submit
to the Illinois EPA a determination from the groundwater sampling data whether the Class I
groundwater quality standards have been exceeded .
32
.
At all times relevant to this complaint, St . Louis Auto Shredding has failed to submit
a ground water assessment monitoring plan to the Illinois EPA .
33
.
By failing to submit to the Illinois EPA a determination from the groundwater
sampling data whether the Class I groundwater quality standards have been exceeded, the
Respondents have violated Permit 1996-293-SP, Attachment A, Monitoring Program, Item
6 .b ., and
thereby violated Section 21(d)(1) of the Act, 415 ILCS 5/21(d)(1) (2004)
.
34 .
By failing to submit a ground water assessment monitoring plan to the Illinois EPA,
the Respondents have violated Permit 1996-293-SP, Attachment A, Monitoring Program, Item 8.b.,
and thereby violated Section 21(d)(1) of the Act, 415 ILCS 5/21(d)(1) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully requests
that the Board enter an order against the Respondents, NATIONAL CITY ENVIRONMENTAL, LLC,
and NATIONAL CITY RECYCLING, LLC, as follows
:
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) (2004), impose a civil penalty
10
of up to Fifty Thousand Dollars ($50,000 .00) for each violation of the Act, and an additional penalty
of Ten Thousand Dollars ($10,000.00) for each day during which each violation has continued
thereafter ;
E
.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding
to
Complainant its costs and reasonable attorney's fees; and
F
.
Granting such other relief as the Board may deem appropriate
.
COUNTIII
WASTE DISPOSAL VIOLATIONS
1-27. Complainant realleges and incorporates by reference herein paragraphs 1 through
27 of Count I as paragraphs 1 through 27 of this Count III
.
28 .
Section 807.313 of the Board's Waste Disposal Regulations, 35 III. Adm. Code
807.313, provides as follows
:
No person shall cause or allow operation of a sanitary landfill so as to 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 the
Act .
29 .
Section 807.315 of the Board's Waste Disposal Regulations, 35 III . Adm. Code
807.315, provides as follows
:
No person shall cause or allow the development or operation of a sanitary
landfill unless the applicant proves to the satisfaction of the Agency that no
damage or hazard will result to waters of the State because of the
development and operation of the sanitary landfill
.
30
.
At all times relevant to this complaint, St. Louis Auto shredding has disposed of
waste at a site that does not meet the requirements of the Act and the regulations thereunder
.
31
.
At all times relevant to this complaint, St. Louis Auto Shredding has allowed the
discharge of contaminants into the groundwater as prohibited by Section 807 .313 of the Board's
1 1
Waste Disposal Regulations, 35 III . Adm. Code 807.33 .
32 .
At all times relevant to this complaint, St . Louis Auto Shredding has caused or
allowed the development or operation of a sanitary landfill without proving to the satisfaction of the
Illinois EPA that no damage or hazard will result to waters of the State because of the development
and operation of the sanitary landfill as prohibited by Section 807.315 of the Board's Waste
Disposal Regulations, 35 Ill. Adm. Code 807 .315 .
33 .
By disposing of waste at a site that does not meet the requirements of the Act and
the regulations thereunder, the Respondents have violated Section 21(e) of the Act, 415 ILCS
5/21(e) (2004)
.
34 .
By conducting waste-disposal operations in violation of the regulations or standards
adopted by the Board under this Act, the Respondents have violated Section 21 (d)(2) of the Act,
415 ILCS 5/21(d)(2) (2004)
.
35
.
These violations have been wilful, knowing or repeated and will continue unabated
unless and until enjoined by this Court
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully requests
that the Board enter an order against the Respondents, NATIONAL CITY ENVIRONMENTAL, LLC,
and NATIONAL CITY RECYCLING, LLC, as follows
:
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) (2004), impose a civil penalty
12
of up to Fifty Thousand Dollars ($50,000 .00) for each violation of the Act, and an additional penalty
of Ten Thousand Dollars ($10,000 .00) for each day during which such violations
continued
;
E
.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding
to
Complainant its costs and reasonable attorney's fees; and
F
.
Granting such other relief as the Board may deem appropriate
.
COUNT IV
WATER POLLUTION VIOLATIONS
1-27 .
Complainant realleges and incorporates by reference herein paragraphs 1 through
27 of Count I as paragraphs 1 through 27 of this Count IV
.
28 .
Section 12 of the Act, 415 ILCS 5/12 (2004), provides, in pertinent part, as follows
:
No person shall :
a
.
Cause or threaten or allow the discharge of any contaminants into
the environment in an 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
;
* * k
d
.
Deposit any contaminants upon the land in such place and manner
so as to create a water pollution hazard
;
29 .
Section 3.170 of the Act, 415 ILCS 5/3.170 (2004), provides as follows :
"Contaminant" is any solid, liquid, or gaseous matter, any odor or any form
of energy, from whatever source
.
30 .
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
.
13
31 .
Section 3.550 of the Act, 415 ILCS 5/3.550 (2004), provides as follows
:
"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
.
32 .
Section 620,405 of the Board's Groundwater Quality Standards, 35 III. Adm. Code
620.405, provides as follows :
No person shall cause, threaten or allow the release of any contaminant to
groundwater so as to cause a groundwater quality standard set forth in this
Subpart to be exceeded .
a)
Inorganic Chemical Constituents
:
Constituent
Units
Standard
Boron
mg/L
2 .0
Iron
mg/L
5 .0
Manganese
mg/L
0.15
W 1 i
Sulfate
mg/L
400.0
Total Dissolved Solids (TDS) mg/L
1,200
b)
Organic Chemical Constituents :
*f*
Constituent
Standard (mg/L)
1 4
Well
Number
Vinyl Chloride*
0.002
*Denotes a carcinogen
.
34
.
During the November 26, 2002, inspection, the Illinois EPA noted the following in
its review of the facility's groundwater for the May 2002 sampling event
:
SOUTHEAST UNIT
Sample Result
Total ug/I
Contaminant
1 5
Class I Standard
Exceedance
Total ug/I
G1OS
Boron
2630
2000
Iron
40800
5000
Manganese
1340
150
TDS
2470
1200
G10M
Iron
24500
5000
Manganese
1760
150
G10D
Iron
20200
5000
Manganese
336
150
TDS
1650
1200
Vinyl Chloride
7.08
2
G12S
Iron
39200
5000
Manganese
4650
150
G12M
Iron
9620
5000
Manganese
590
150
G12D
Iron
17000
5000
Manganese
420
150
G13S
Sulfate
406 mg/I
400 mg/I
Manganese
451
150
Well
Number
35
.
Contaminant
NORTHWEST UNIT
Sample Result
Total ug/I
GW Limit
Total ug/l
Subsequent to the November 26, 2002, inspection, the Illinois EPA inspector noted
that benzene had been elevated at downgradient well G27S for some time . In 2001, benzene
tested at 8.0 ug/I on March 3, 2001, 6.8 ug/I on September 8, 2001 and 7.6 ug/I on October 27,
16
G21S
Selenium
6
4
G23S
Acetone
3.85
3 (AGQS value)
G24S
Sulfate
1450
637.431
G27S
Benzene
8.18
5 (Class I GW 620
Standards)
Acetone
3.39
3
G28S
Sulfate
1570
637.431
G29S
Acetone
3.37
3
G14S
Boron
2410
2000
Iron
18900
5000
Manganese
2570
150
TDS
1470
1200
G14M
Iron
12400
5000
Manganese
1160
150
G15S
Sulfate
631 (mg/I)
400 (mg/I)
Iron
51100
5000
Manganese
1460
150
TDS
2470
1200
G16S
Boron
8670
2000
Manganese
6270
150
TDS
1560
1200
2001
.
36 .
At all times relevant to this complaint, St . Louis Auto Shredding has deposited
contaminants upon the land in such place and manner so as to create a water pollution hazard and
has caused, threatened or allowed the discharge of contaminants into the environment, including
the groundwater, so as to cause or tend to cause water pollution in Illinois, or so as to violate
regulations or standards adopted by the Board
.
37 .
At all times relevant to this complaint, St . Louis Auto Shredding has caused,
threatened or allowed the release of contaminants into the groundwater so as to cause
groundwater quality standards for boron, iron, manganese, sulfate, total dissolved solids, and vinyl
chloride to be exceeded .
38
.
By depositing contaminants upon the land in such place and manner so as to create
a water pollution hazard, the Respondents have violated 12(d) of the Act, 415 ILCS 5/12(d) (2004) .
39 .
By causing, threatening, or allowing the discharge of contaminants into the
environment so as to cause or tend to cause water pollution, the Respondents have violated
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004)
.
40 .
By causing, threatening, or allowing the release of contaminants into the
groundwater so as to cause groundwater quality standards for boron, iron, manganese, sulfate,
total dissolved solids, and vinyl chloride to be exceeded, the Respondents have violated Sections
620.405 and 620.410 of the Board's Groundwater Quality Standards, 35 III . Adm. Code 620 .405
and 620.410, and thereby violated Section 21 (d)(2) of the Act, 415 ILCS 5/21 (d)(21) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully requests
that the Board enter an order against the Respondents, NATIONAL CITY ENVIRONMENTAL, LLC,
and NATIONAL CITY RECYCLING, LLC, as follows
: .
17
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) (2004), impose a civil penalty
of up to Fifty Thousand Dollars ($50,000 .00) for each violation of the Act, and an additional penalty
of Ten Thousand Dollars ($10,000.00) for each day during which each violation has continued
thereafter ;
E .
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding
to
Complainant its costs and reasonable attorney's fees; and
F
.
Granting such other relief as the Board may deem appropriate
.
COUNT V
MARCH 24, 2003, OPEN DUMPING VIOLATIONS
1-5
.
Complainant realleges and incorporates by reference herein paragraphs 1 through
4 and 27 of Count I as paragraphs 1 through 5 of this Count V
.
6
.
Section 21 of the Act, 415 ILCS 5/21 (2004), provides, in pertinent part, as follows
:
No persons shall
:
a
.
Cause or allow the open dumping of any waste
.
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 .
1 8
7
.
Section 3.305 of the Act, 415 ILCS 5/3.305 (2004), 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 .
8 .
Section 3.445 of the Act, 415 ILCS 5/3.445 (2004), provides the following definition
:
"SANITARY LANDFILL" means a facility permitted by the Agency for the
disposal of waste on land meeting the requirements of the Resource
Conservation and Recovery Act, P.L. 94-580, and regulations thereunder,
and 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
.
9
.
Section 721 .102(e)(2)(C) of the Board's regulations, 35 III . Adm. Code
721.102(e)(2)(C), provides
:
(e)(2)
The following materials are solid wastes, even if the recycling
involves use, reuse, or return to the original process (described in
subsections (e)(1)(A) through (e)(1)(C) of this Section
:
(C)
Materials accumulated speculatively
;
10 .
Section 721.101(c)(8) of the Board's regulations, 35 111. Adm. Code 721 .101(c)(8),
provides
:
(c)
For purposes of Sections 721.102 and 721 .106
:
*ff
(8)
A material is "accumulated speculatively" if it is accumulated
before being recycled
.
A material is not accumulated
speculatively, however, if the person accumulating it can
show that the material is potentially recyclable and had a
feasible means of being recycled; and that
- during the
calendar year (commencing on January 1)
- the amount of
material that is recycled, or transferred to a different site for
recycling, equals at least 75 percent by weight or volume of
the amount of that material accumulated at the beginning of
the period. In calculating the percentage of turnover, the 75
percent requirement is to be applied to each material of the
same type
(i.e ., slags from a single smelting process) that is
19
recycled in the same way (i.e ., from which the same material
is recovered or that is used in the same way). Materials
accumulating in units that would be exempt from regulation
under Section 721 .104(c) are not to be included in making
the calculation. (Materials that are already defined as solid
wastes also are not to be included in making the calculation)
.
Materials are no longer in this category once they are
removed from accumulation for recycling, however
.
11
.
On March 24, 2003, the Illinois EPA conducted an inspection of the facility
.
During the site visit, the Illinois EPA spoke with the site superintendent who stated that no waste
auto fluff had been removed from the site since 1997, and the unprocessed auto fluff pile was
awaiting one or two final processes. One of these final processes is through the Heavy Media
Building and the other process is the Eddy Current System (ECS). According to the 2002 year end
Illinois Nonhazardous Special Waste annual Report Site Information Form submitted by the facility,
the facility had on site 167,335 cubic yards of unprocessed auto fluff, which has been accumulating
since the beginning of 1998
.
12 .
During the March 24, 2003, site visit, the Illinois EPA estimated the accumulation
was approximately 175,000 cubic yards . At the southern edge of the L-shaped pile, the Illinois EPA
observed a water hose at the base of the pile and a water sprinkler at the top of the pile . A small
pile of dirt for fire control purposes was also located nearby
.
13 .
According to 35 III. Adm. Code 721 .102(e)(2)(C) and 721 .101(c)(8), this
unprocessed auto fluff is a speculatively accumulated material and, thus, may be classified as
waste .
14
.
Based on the March 24, 2003, site visit, Violation Notices, dated May 20, 2003,
were sent to the Respondents. On October 9, 2003, the Illinois EPA mailed subsequent Notices
of Intent to Pursue Legal Action letters to the Respondents
.
15
.
On a date better known to the Respondents, but no later than 1997 and continuing
through the date on which this Complaint is filed, the Respondents have caused or allowed the
20
open dumping of waste at a disposal site upon its property . The site is not permitted by the Illinois
EPA as a sanitary landfill, nor does the disposal site meet the requirements of the Act and of the
regulations and the standards promulgated thereunder
.
16 .
By causing or allowing the open dumping of waste, the Respondents have violated
Section 21 (a) of the Act, 415 ILCS 5/21 (a) (2004) .
17 .
On a date better known to the Respondents, but no later than 1997 and continuing
through the date on which this Complaint is filed, the Respondents have disposed or stored waste
at a site upon its property, or transported waste for disposal or storage to a site upon its property,
and such site does not meet the requirements of the Act and of the standards and regulations
promulgated thereunder
.
18 .
By disposing or storing or transporting waste at or to a site which does not meet the
requirements of the Act and of the standards and regulations promulgated thereunder, the
Respondents have violated Section 21(e) of the Act, 415 ILCS 5/21(e) (2004)
.
19 .
On a date better known to the Respondents, but no later than 1997 and continuing
through the date on which this Complaint is filed, the Respondents have caused or allowed the
open dumping of waste in a manner which has resulted in litter
.
20
.
By causing or allowing the open dumping of waste in a manner which has resulted
in litter at or from the dump site, the Respondents have violated Section 21(p)(1) of the Act, 415
ILCS 5/21(p)(1) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully requests
that the Board enteran order against the Respondents, NATIONAL CITY ENVIRONMENTAL, LLC,
and NATIONAL CITY RECYCLING, LLC, as follows :
.
A .
Authorizing a hearing in this matter at which time the Respondents will be required
2
1
to answer the allegations herein
;
B
.
C .
associated regulations ;
D .
Finding that Respondents have violated the Act and regulations as alleged herein
;
Ordering Respondents to cease and desist from any further violations of the Act and
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil penalty
of up to Fifty Thousand Dollars ($50,000 .00) for each violation of the Act, and an additional penalty
of Ten Thousand Dollars ($10,000 .00) for each day during which each violation has continued
thereafter ;
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), awarding to
E
.
Of Counsel
:
DELBERT D. HASCHEMEYER
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
:
/ 2
/L/ /o .)
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, Chief
Environmental Bureau
Assistant Attorney General
22
