Lisa Madigan
V1 'IORNEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R
. Thompson Center, Ste
. 11-500
100 West Randolph
Chicago, Illinois 60601
Re :
People v. Robinson Carbon, Inc
.
PCB No. 04-137
Dear Clerk Gunn :
Enclosed forfiling please find the original and ten copies of a NOTICE OF FILING, MOTION
FOR LEAVE TO FILE FIRST AMENDED COMPLAINT and FIRST AMENDED COMPLAINT in
regard to the above-captioned matter
. Please file the originals and return file-stamped copies of
the documents to our office in the enclosed, self-addressed envelope
.
DDH/pp
Enclosures
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
January 18, 2006
Thank you for your cooperation and consideration
.
Very truly yours,
Delbert D
. Haschemeyer
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
RECEIVEDCLERK'S
OFFICE
JAN 2 0 2006
STATE OF ILLINOIS
Pollution Control Board
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 •T TY : (312) 814-3374
• Fax : (312) 814-3806
1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400
• 71 ' Y : (618) 529-6403 • Fax : (618) 529-6416
NOTICE OF FILING
To:
Mr. Roy Harsch
Gardner, Carton & Douglas
191 North Wacker Drive, Ste
. 3700
Chicago, IL 60606-1698
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 MOTION FOR LEAVE TO FILE FIRST AMENDED
COMPLAINT and FIRST AMENDED COMPLAINT, a copy of which is attached hereto and herewith
served upon you .
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 : January 18, 2006
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litig ion Division
BY
D ER D
SCHEMEYER
Assistant Attorney General
Environmental Bureau
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
JAN 2 0 2006
Complainant,
)
STATE OF ILLINOIS
Pollution Control Board
vs .
)
PCB No . 04-137
CII
CARBON, L .L .C.,
)
a foreign corporation,
)
Respondent .
)
CERTIFICATE OF SERVICE
I hereby certify that I did on January 18, 2006, 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, MOTION FOR LEAVE TO FILE
FIRST AMENDED COMPLAINT and FIRST AMENDED COMPLAINT
To:
Mr. Roy Harsch
Gardner, Carton & Douglas
191 North Wacker Drive, Ste . 3700
Chicago, IL 60606-1698
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
A copy was also sent by First Class Mail with postage thereon fully prepaid to :
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
Assistant Attorney General
This filing is submitted on recycled paper .
ERT D ASCHEME R
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
PCB No. 04-137
(Enforcement)
ROBINSON CARBON, INC .,
)
a Delaware corporation,
)
Respondent .
)
MOTION FOR LEAVE TO FILE
FIRST AMENDED COMPLAINT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, and respectfully requests leave to file the First
Amended Complaint and, in support thereof, states :
1 .
Subsequent to the filing of the Complaint in this case, Illinois Environmental
Protection Agency ("IEPA") inspectors conducted additional inspections of Respondent's facility
.
2 .
In the inspections subsequent to the filing of the Complaint in this matter, IEPA
inspectors identified alleged additional violations .
3
.
The First Amended Complaint adds Counts III through V which set forth additional
alleged violations of the Illinois Environmental Protection Act and regulations effective thereunder
.
4 .
Judicial economy and efficiency will be served by granting Complainant leave to file
the First Amended Complaint in that filing of the First Amended Complaint will allow the parties to
resolve the outstanding alleged violations within the context of a single enforcement action rather
than multiple actions .
RECEIVEDCLERK'S
OFFICE
JAN 2 0 2006
Pollution
STATE OF
ControlILLINOISBoard
WHEREFORE, for the foregoing reasons, Complainant respectfully requests leave to file
the attached First Amended Complaint .
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : January 18, 2006
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
gation
0
vision
O' B
f/'
'T
~
:III
HA
I"/'
HEMEYER
'0
.
Environmental Bureau
Assistant Attorney General
BY:
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
CRAWFORD COUNTY, ILLINOIS
Jh.f';
2006
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
vs.
)
CII CARBON, L
.L.C .
)
a foreign corporation,
)
Respondent .
)
'PCB No .
&
c/-
/ 3 7
(Enforcement)
Pollution
STATE OF
ControlILLINOIS
Board
FIRST AMENDED COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondent, CII CARBON, L
.L.C. a foreign
corporation, ("Cl I") as follows :
COUNT I
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 (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 alia,
with the duty of
enforcing the Act in proceedings before the Illinois Pollution Control Board ("Board")
.
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, CII CARBON, L
.L.C .,
is a foreign corporation authorized to do
business in Illinois . Its registered agent is C . T
. Corporation System, 208 South LaSalle Street,
Chicago, Illinois .
1
5 .
The Respondent operates a facility, the coke plant, which produces calcined coke
for the aluminum industry, located at R . R. 3, P.O
. Box 719, Robinson, Crawford County, Illinois .
6 .
Emissions from the coke plant include particulate matter .
7 .
On January 17, 1997, the Illinois EPA issued Respondent Operating Permit No
.
75110042, attached hereto as Exhibit A
.
8 .
Section 9 of the Act, 415 ILCS 5/9 (2002), provides in pertinent part :
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
;
9 .
Section 3 .115 of the Act, 415 ILCS 5/3 .115 (2002), defines "air pollution" 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 .
10 .
Section 3 .165 of the Act, 415 ILCS 5/3
.165 (2002), defines "contaminant" as follows
:
"CONTAMINANT" is any solid, liquid, or gaseous matter, any odor, or any
form of energy, from whatever source .
11 .
Section 201
.141 of the Board's Air Pollution Regulations, 35 III . Adm . Code 201 .141
(2002), provides as follows :
Prohibition of Air Pollution
No person shall cause or threaten or allow the discharge of 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
.
12 .
Section 212 .321, Processed Emission Units forwhich Construction or Modifications
Commenced Prior to April 14, 1972, of the Board's Air Pollution Regulations, 35 III . Adm . Code
2
212 .321, provides
:
a .
Except as further provided in this Part, no person shall cause or
allow the emission of particulate matter into the atmosphere in any
one hour period from any new process emission unit which, either
alone or in combination with the emission of particulate matter from
all other similar process emission units for which construction or
modification commenced on or after April 14, 1972, at a source or
premises, exceeds the allowable emission rates specified in
subsection (c) of this Section .
c .
Limits for Process Emission Units For Which Construction or
Modification Commenced on or After April 14, 1972 :
where
:
P = Process weight rate in metric or T/hr, and
E = Allowable emission rate in kg/hr or lbs/hr .
13 .
Commencing on or before April 12, 1998, and continuing to on or after April 23,
1998, Respondent operated kiln #2 and the #2 cooler in such a manner so as to exceed the
3
Metric
P -
Mg/hr
E -
kg/hr
English
P - T/hr
E-Ibs/hr
9 .
3 .9
10 .00
8 .70
13 .
4.8
15 .00
10
.80
18 .
5 .7
20.00
12 .50
23.
6 .5
25.00
14 .00
27 .
7 .1
30.00
15 .60
32.
7 .7
35.00
17 .00
36 .
8 .2
40.00
18 .20
41 .
8 .8
45.00
19 .20
45.
9 .3
50.00
20
.50
90 .
13 .4
100 .00
29 .50
particulate standard in violation of Sections 201 .141 and 212
.321 of the Board's Air Pollution
Regulations, 35 III . Adm . Code 201
.141 and 212 .321 and Section 9(a) of the Act, 415 ILCS 5/9(a)
(2002) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, ROBINSON CARBON, INC
. :
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 . Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2002), impose a civil penalty
of up to fifty thousand dollars ($50,000) for each violation and an additional penalty of ten thousand
($10,000) for each day during which such violations continued ;
E .
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2002), awarding to
Complainant its costs and reasonable attorney's fees ; and
F.
Granting such other relief as the Board may deem appropriate .
COUNTII
PERMIT CONDITION VIOLATIONS
1-8.
Complainant realleges and incorporates herein by reference paragraphs 1 through
8 of Count I as paragraphs 1 through 8 of this Count II .
9.
Section 9(b) of the Act, 415 ILCS 5/9(b) (2002), provides :
No person shall :
4
b .
Construct, install, or operate any equipment, facility, vehicle, vessel,
or aircraft capable of causing or contributing to air pollution or
designed to prevent air pollution, of any type designated by Board
regulations, without a permit granted by the Agency, or in violation
of any conditions imposed by such permit ;
10 .
Standard Condition #7 of Operating Permit #75110042, provides :
The permittee shall maintain all equipment covered under this permit
in such a manner that the performance of such equipment shall not cause
a violation of the Environmental Protection Act or regulations promulgated
thereunder .
11 .
Standard Condition #9 of Operating Permit #75110042, provides :
No person shall cause or allow continued operation during
malfunctions, breakdown or startup of any emission source or related air
pollution control equipment if such operation would cause a violation of an
applicable emission standard or permit limitation . Should a malfunction,
breakdown or startup occur which results in emissions in excess of any
applicable standard or permit limitation, the Permittee shall :
a .
Immediately report the incident to the Illinois EPA's Regional Field
Operations Section Office by telephone, telegraph, or other method
as constitutes the fastest available alternative, and shall comply with
all reasonable directives of the Illinois EPA with respect to the
incident ;
b .
Maintain the following records for a period of no less than two (2)
years
;
I.
Date and duration of malfunction, breakdown, or startup ;
Full and detailed explanation of the cause ;
III
Contaminants emitted and an estimate of quantity of
emissions ;
iv .
Measures taken to minimize the amount of emissions during
the malfunction, breakdown or startup ; and
v .
Measures taken to reduce future occurrences and frequency
of incidents .
12 . Commencing on or before April 12, 1998, and continuing to on or after April 23,
1998, Robinson Carbon, Inc., operated its #2 kiln while its baghouse was broken down, and
commencing on or before June 8, 1999, and continuing to on or after July 10, 1999, Respondent
operated its #2 kiln with a large hole in the archway of the pyro-scrubber .
5
13
. Further,
Respondent failed to provide notice to the Agency of the aforesaid
breakdowns, all in violation of Standard Condition #7, 9 and 9(a) of Respondent's Operating Permit
#7511042 and Section 9(b) of the Act, 415 ILCS 5/9(a) (2002)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully requests
that the Board enter an order against the Respondent, ROBINSON CARBON, INC
. :
A.
Authorizing a hearing in this mater, 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 .
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2002), impose a civil penalty
of up to fifty thousand dollars ($50,000) for each violation that occurred and an additional penalty
of ten thousand ($10,000) for each day during which such violations continued
;
E.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2002), awarding to
Complainant its costs and reasonable attorney's fees ; and
F.
Granting such other relief as the Board may deem appropriate
.
COUNTIII
1-11 .
Complainant realleges and incorporates herein by reference paragraphs 1 through
11 of Count II as paragraphs 1 through 11 of this Count III
.
12.
On September4, 2003, the Illinois EPA issued CAAPP permit 95120092 applicable
to all of the sources at Respondent's facility .
13 .
Condition 7 .1
.9 of Respondent's CAAPP permit 95120092 provides :
7 .1 .9
Recordkeeping Requirements
6
In addition to the records required by Condition 5
.6, the Permittee
shall maintain records of the following items for the process
emission unit 1 to demonstrate compliance with 5 .5 .1, 7 .1 .3(c), and
7 .1 .6, pursuant to Section 39 .5(7)(b) of the Act
:
a .
Process weight rate, ton/hr
.
b .
Operating hours per year.
14
.
Condition 7 .2.5
of Respondent's CAAPP permit 95120092 provides :
7 .2 .5 Operational and Production Limits and Work Practices
a.
Booth cooler baghouse and both pyroscrubber vents shall be
checked for visible emissions opacity twice per day (using
EPA method 22) during daylight hours and the observations
entered in a logbook .
b.
For calculating the weight of water to the cooler for the
purpose of determining the process weight rate (PWR) and
thus allowable emissions pursuant to 35 111 . Adm . Code
212 .321 and 212 .322, no readings beyond the highest listed
number on the scale of a rotometer is allowed . Rotometer
readings must be entered hourly in a log or at the time of a
change to a new value . This condition shall not apply if a
continuous recording meter is installed .
15 .
Condition 7 .2.9 a .3. of Respondent's CAAPP permit 95120092 provides :
7 .2.9 Recording Requirements
In addition to the records required by Condition 5 .6, the Permittee
shall maintain records of the following items for affected Petroleum
Coke Calcining Operations to demonstrate compliance with
conditions 5
.5.1 and 7 .2
.6, pursuant to Section 39
.5(7)(b) of the Act
:
a .
For Kilns :
Process Weight Rate, ton/hr
Operating Hours Per Year
b.
For Pyroscrubbers : operating hours per year .
c .
For Cooler Baghouse : Operating hours per year .
d .
For Cooler 1 and 2 : Process Weight Rates .
7
e .
Records addressing use of good operating practices for the
dust collectors :
Records for periodic inspection of the bag collectors
with date, name of individual performing the
inspection, and the nature of the inspection .
i
Records of prompt repair of defects, with
identification and description of defect, effect on
emissions, date identified, date repaired, and nature
of repair.
16 .
Condition 7 .2.10 of Respondent's CAAPP permit 95120092 provides
:
7 .2.10 Reporting Requirements
The Permittee shall notify the Illinois EPA's regional office by
telephone as soon as possible during normal working hours upon
the occurrence of excess emissions due to malfunctions, or
breakdowns or prior to any cold startup .
If the malfunction or
breakdown is less than 1 hour, or the emissions diverted within 30
minutes such that the emissions are in compliance after the
diversion, are not required to have the Illinois EPA notified but
records must be kept
. The Permittee shall comply with all
reasonable and safe directives of the regional office regarding such
malfunctions and breakdowns . Within five (5) working days of such
occurrence the Permittee shall give a written follow-up notice
providing an explanation of the occurrence, the length of time during
which operation continued under such conditions, measures taken
by the permittee to minimize excess emissions and correct
deficiencies, and when normal operation resumed .
17 .
Condition 7 .3.5 a-c. of Respondent's CAAPP permit 95120092 provides :
7
.3 .5
Recordkeeping Requirements
The Permittee shall maintain records of the following items to
demonstrate compliance with Conditions 5 .5.1 and this section
pursuant to Section 39 .5(7)(b) of the Act :
a.
W = Mean vehicle weight (tons)
b.
VMT = Vehicle miles traveled
Records for fugitive road dust shall be calculated on an
annual basis, except this calculation shall be updated if
substantial changes to the roads occur, i .e ., additional roads
added .
8
c.
Material processed (storage piles), tons
18.
Condition 5 .6 .6 a. of Respondent's CAAPP permit 95120092 provides
:
5.6 .6
Retention and Availability of Records
a.
All records and logs required by this permit shall be retained
for at least five yeas from the date of entry (unless a longer
retention period is specified by the particular recordkeeping
provision herein), shall be kept at a location at the source
that is readily accessible to the Illinois EPA or USEPA, and
shall be made available for inspection and copying by the
Illinois EPA or USEPA upon request .
19. Commencing in January 2003 and continuing to July 13, 2003 and October 31
through December 12, 2003, Respondent did not maintain a cooler gas diversion log sheet, in
violation of Condition 7
.2
.10 of its CAAPP permit 95120092 and Section 39 .5(6)(a) of the Act, 415
ILCS 5/39 .5(6)(a) (2004) .
20 . Commencing on some date prior to and continuing to December 17, 2003, known
to the Respondent, Respondent did not check the cooler baghouses and pyroscrubber vents for
visible opacity emission using method 22 nor opacity observers trained in method 22 ; and improper
forms were used to record readings, all in violation of Condition 7 .2.5 of its CAAPP permit
95120092 and Section 39 .5(6)(a) of the Act, 415 ILCS 5139 .5(6)(a) (2004) .
21 . Commencing on some date known to the Respondent and continuing until
December 18, 2003, Respondent failed to keep the required records, in violation of Condition 7
.1 .9
a-b ., 7 .2 .9 c-d., and 7 .3.9 a-c. of Respondent's CAAPP permit 95120092 and Section 39 .5(6)(a)
of the Act, 415 ILCS 5/39 .5(6)(a) (2004) .
22 . On December 18, 2003, Respondent did not have the records required in Conditions
7 .1 .9 a-b ., 7 .2.9 c-d ., and 7 .3 .9 a-c . available, in violation of Section 5 .6.6 a. of Respondent's
CAAPP permit 95120092 and Section 39 .5(6)(a) of the Act, 415 ILCS 5/39 .5(6)(a) (2004) .
9
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, ROBINSON CARBON, INC . :
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 .
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 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.
COUNTIV
1-12.
Complainant realleges and incorporates paragraphs 1 through 12 of Count II as
paragraphs 1 through 12 of this Count IV
.
13 .
Condition 7 .2.3 a.iii . of Respondent's CAAPP permit 95120092 provides
:
7 .2.3 Applicability Provisions and Applicable Regulations
9 .
* * i
Malfunction and Breakdown Provisions
In the event of a malfunction or breakdown of the affected
Petroleum Coke Calcining Operations, the Permittee is
authorized to continue operation of the kilns in violation of
the applicable requirement of 35 IAC 212 .123(a) and
212.321(a), as necessary to prevent risk of injury to
personnel or severe damage to equi9pment .
This
10
authorization is subject to the following requirements
:
i
If both kilns are operating and the No
. 1 baghouse
has a malfunction, the Rotary Cooler No
. 1 shall be
vented to its own pyroscrubber . If the malfunction
occurs for 30 minutes or greater, the kiln operating
rate will be reduced to 16 tons/hr of green coke
.
Operation in this mode is allowed for a maximum of
48 hours unless the Permittee obtains an extension
from the Illinois EPA .
14.
Condition 7 .2 .10 of Respondent's CAAPP permit 95120092 provides :
7 .2.10 Reporting Requirements
The Permittee shall notify the Illinois EPA's regional office by
telephone as soon as possible during normal working hours upon
the occurrence of excess emissions due to malfunctions, or
breakdowns or prior to any cold startup . If the malfunction or
breakdown is less than 1 hour, or the emissions diverted within 30
minutes such that the emissions are in compliance after the
diversion, are not required to have the Illinois EPA notified but
records must be kept . The Permittee shall comply with all
reasonable and safe directives of the regional office regarding such
malfunctions and breakdowns
. Within five (5) working days of such
occurrence the Permittee shall give a written follow-up notice
providing an explanation of the occurrence, the length of time during
which operation continued under such conditions, measures taken
by the Permittee to minimize excess emissions and
correct
deficiencies, and when normal operation resumed
.
15.
Condition 9 .2.2 of Respondent's CAAPP permit 95120092 provides :
9.2 .2 Duty to Maintain Equipment
The Permittee shall maintain all equipment covered under this permit
in such a manner that the performance or operation of such
equipment shall not cause a violation of applicable requirements
.
16. Commencing on some date before February 4, 2004, and continuing thereafter to
some date known to the respondent, Respondent did not properly maintain the No
. 2 dust collector
exhaust fan as required by condition 9 .2.2 of Respondent's CAAPP permit 95120092 and in
violation of Section 39 .5(6)(a) of the Act, 415 ILCS 5/39 .5(6)(a) (2004)
.
11
17 .
On
February 8, 2004, and continuing to 1030 hours on February 10, 2004,
Respondent caused or allowed the operation of Kiln #1 at a feed rate of 21 tons/hour during the
failure of the #1 dust collector fan, in violation of special condition 7
.2 .3 g .iii . of Respondent's
CAAPP permit 95120092 and Section 39
.5(6)(a) of the Act, 415 ILCS 5/39
.5(6)(a) (2004) .
18 .
On February 10, 2004, Respondent failed to submit the initial telephone notification
for the incident of repairing of exhaust fan housing on #1 dust collector fan, in violation of condition
7 .2.10
of Respondent's CAAPP permit 95120092 and Section 39
.5(6)(a) of the Act, 415 ILCS
5/39
.5(6)(a) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, ROBINSON CARBON, INC
. :
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.
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 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
.
12
COUNT V
1-10
.
Complainant realleges and incorporates by reference paragraphs 1 through 10 of
Count II as paragraphs I through 19 of this Count V .
11-14 . Complainant realleges and incorporates by reference paragraphs 12, 13, 15 and 18
of Count III as paragraphs 11 through 14 of this Count V .
15.
Condition 5 .6 .1 of Respondent's CAAPP permit 95120092 provides :
5.6.1 Emission Records
The permittee shall maintain records of the following items for the
source to demonstrate compliance with Condition 5 .5.1, pursuant to
Section 39 .5(7)(b) of the Act :
Total annual emissions on a calendar year basis for the
emission units covered by Section 7 (Unit Specific
Conditions) of this permit .
16 .
Condition 7 .4.9 of Respondent's CAAPP permit 95120092 provides
:
7 .4.9 Recordkeeping Requirements
In addition to the records required by Condition 5 .6, the Permittee
shall maintain records of the following items for the affected tank to
demonstrate compliance with Conditions 5 .5 .1, 7 .4.3, and 7 .4.5,
pursuant to Section 39 .5(7)(b) of the Act
.
a .
Design information for the tank showing the presence of a
permanent submerged loading pipe
;
b .
Maintenance and repair records for the tank, as related to
the repair or replacement of the loading pipe ;
c.
The throughput of the affected tank, gal/mo and gal/yr ; and
d.
The monthly and aggregate annual VOM emissions from the
affected tank based on the material stored, the tank
throughput, and the applicable emission factors and formulas
with supporting calculations .
17.
Condition 9 .6.1
of Respondent's CAAPP permit 95120092 provides :
9 .6 .1 Control Equipment Maintenance Records
13
A maintenance record shall be kept on the premises for each item
of air pollution control equipment . As a minimum, this record shall
show the dates of performance and nature of preventative
maintenance activities .
18
. Commencing on some date prior to February 17, 2005 and continuing thereafter to
some date known to the Respondent, Respondent failed to maintain records of total annual
emissions on a calendar year basis, in violation of conditions 5
.6 .1 and 5 .6.6 of Respondent's
CAAPP permit 95120092 and in violation of Section 39 .5(6)(a) of the Act, 415 ILCS 5139
.5(6)(a)
(2004).
19 .
Commencing on some date prior to February 17, 2005 and continuing thereafter to
some date known to Respondent, Respondent failed to maintain records of the process weight rate
(tons/hr) and the operating hours per year for the green coke receiving and storage and the
crushing, screening, stocking and conveying operations in violation of conditions 7
.1
.9 and 5
.6
.6
of Respondent's CAAPP permit 95120092 and Section 39 .5(6)(a) of the Act, 415 ILCS 5139 .5(6)(a)
(2004) .
20 . Commencing on some date prior to February 17, 2005 and continuing to some date
thereafter known to Respondent, Respondent failed to maintain all of the required records in the
correct format, in violation of conditions 7 .2.9 and 5.6 .6 of Respondent's CAAPP permit 95120092
and in violation of Section 39 .5(6)(a) of the Act, 415 ILCS 5/39 .5(6)(a) (2004) .
21
. Commencing on some date prior to February 17, 2005 and continuing thereafter to
some date known to the Respondent, Respondent failed to maintain records for the storage tank
in the required format, in violation of conditions 7 .4.9 and 5 .6.6 of Respondent's CAAPP permit
95120092 and in violation of Section 39 .5(6)(1) of the Act, 415 ILCS 5139
.5(6)(a) (2004) .
22 . Commencing on some date prior to February 17, 2005 and continuing thereafter to
some date known to Respondent, Respondent failed to maintain adequate records demonstrating
that all air pollution equipment covered under the CAAPP permit was properly maintained, in
14
violation of condition 9 .6
.1 of Respondent's CAAPP permit 95120092 and Section 39
.5(6)(a) of the
Act, 415 ILCS 5/39
.5(6)(a) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, ROBINSON CARBON, INC
. :
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 .
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 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
15
F .
Granting such other relief as the Board may deem appropriate .
Of Counsel
DELBERT D . HASCHEMEYER
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : / / / 7~o
16
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
QT-
Division<
BY: THOMAS
DAVIS, Chief
Environmental Bureau
Assistant Attorney General
