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BEFORE THE ILLINOIS POLLUTION CONTROL BOARIP
R I G I NA L
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
PCB
v.
)
(Enforcement - RCRA)
ASTEC MOBILE SCREENS, INC .,
)
a Nevada corporation
)
Respondent.
)
NOTICE OF FILING
TO: See Attached Service List
PLEASE TAKE NOTICE that on March 9, 2006, the People of the State of Illinois filed
with the Illinois Pollution Control Board a Complaint, a true and correct copy of which is
attached and hereby 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 the 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
.
Respectfully submitted,
BY :
LISA MADIGAN
Attorney General
State of Illinois
I '4
George Theophilos
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Floor
Chicago, Illinois 60601
(312)81.4-6986
THIS FILING IS SUBMITTED ON RECYCLED PAPER
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SERVICE LIST
Mr. Paul Jasiello, Esq
.
Illinois Environmental Protection Agency
9511 W. Harrison
Des Plaines, IL 60016
Mr. Tim Gonigam
President
Astec Mobile Screens, Inc
.
2704 West Le Fevre Road
Sterling, Illinois 61081
ORIGIN
AL
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
v
.
)
No. PCB 06-
(Enforcement -
RCRA)
ASTEC MOBILE SCREENS, INC .,
)
a Nevada corporation,
)
Respondent
.
)
COMPLAINT FOR CIVIL PENALTIES
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, on her own
motion and at the request of the Illinois Environmental
Protection Agency, complains of the Respondent, ASTEC MOBILE
SCREENS, INC ., a Nevada corporation, as follows
:
COUNT I
CONDUCTING A HAZARDOUS WASTE STORAGE
OPERATION WITHOUT A RCRA PERMIT
1
.
This complaint 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 Section 31 of the Illinois Environmental Protection
Act
("Act"), 415 ILCS 5/31 (2004)
.
2
.
The Illinois EPA is an administrative agency of the
State of Illinois, created pursuant to Section 4 of the Act, 415
ORIGINAL
L
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ILCS 5/4
(2004),
and is charged, inter alia, with the duty of
enforcing the Act
.
3
.
At all times relevant to this Complaint, ASTEC MOBILE
SCREENS, INC . ("Respondent" or "Astec") was and is a Nevada
corporation that is in good standing in Illinois . Prior to May
.
1, 2004, Astec was known as Production Engineered Products
("PEP")
.
Astec/PEP is a division of Astec, Inc ., a Chattanooga,
Tennessee based corporation
.
4
.
Respondent's facility is located at 2704 West LeFevre
Road, Sterling, Whiteside County, Illinois ("facility")
.
to 1999, the Respondent's facility was located in Walnut,
Illinois
.
5
.
Respondent manufactures portable screening units for
the gravel industry at its facility
.
6
.
As part of the manufacturing processes at the
facility, Respondent conducts spray painting operations
.
7
.
Respondent generates spent spray booth filters, paint
booth floor sweepings, and other waste paint related materials
as a result of its spray painting operations. Used oil is
generated as a result of equipment maintenance and metal
fabrication operation at the facility
.
8
.
In 2004, thirty-two drums (approximately 1,760
gallons) of waste paint related material, generated from spray
painting operations, were transported off-site . The waste paint
2
Prior
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related material has United States Environmental Protection
Agency ("USEPA") Hazardous Waste Numbers D001 and F003
.
Additionally, Respondent uses methyl ethyl ketone
("MEK")
. for
a
solvent, therefore USEPA Hazardous Waste Number F005 may apply
as well. For the spray booth floor sweepings and spent spray
.booth filters, neither a hazardous waste determination nor
generation rates are known . Floor sweepings are disposed of
with the municipal waste at the facility . Disposal methods for
the spent paint filters are unclear
.
9
.
On April 23, 2004, the Illinois EPA conducted a
Compliance Assistance Survey ("CAS") at the Respondent's
facility. At that time, approximately 625 gallons of hazardous
material were stored on site . The storage area held ten (10)
full drums (approximately 550 gallons) of unlabeled, undated,
suspected hazardous paint/solvent material . The satellite
accumulation area held one (1) full 55-gallon unlabeled, undated
container and one (1) partially full, unlabeled, open container
.
10. The CAS also revealed that emergency response
information was not posted by a telephone . The container
storage area was not inspected weekly. Employees were not
trained in waste handling and emergency procedures . Hazardous
waste manifests were not being sent to the Illinois . EPA within
two (2) working days
.
3
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11
.
After the CAS,
the Illinois EPA provided Respondent
with a USEPA 8700-12 form and instructions as well as the USEPA
publication "Managing Your Hazardous Waste : A Guide for Small
Business." On May 27, 2004, the Illinois EPA sent a letter to
Respondent with recommendations based on what was observed
during the CAS. No response was received by .the Illinois EPA to
the letter
.
12 . On December 15, 2004, the Illinois EPA conducted a
Compliance Evaluation Inspection ("CEI") of the facility. At
the time of the CEI, approximately 165 gallons of hazardous
waste were stored at the facility. Two (2) drums of spray booth
filters and one (1) drum of floor sweepings were also on site
,and a hazardous waste determination had not been made on those
materials . The satellite area held numerous partially full
containers of suspected hazardous materials ; all were unlabeled
and two (2) were open . The storage area held two (2) drums of
unlabeled,' undated suspected hazardous material along with
sixteen (16) other drums of various contents, including floor
sweepings, spray booth filters and used oil
.
13 . At the time of the CEI, only two (2) of the CAS
recommendations had' been fully addressed by the Respondent
.
Respondent was now sending one copy of each hazardous waste
manifest to the Illinois EPA within two (2) working days and
accumulating less than 55-gallons of waste in the satellite
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area
.
However,
none of
the other CAS recommendations had been
addressed. Additionally, the Respondent failed to notify the
Illinois EPA of its name change from PEP to Astec and change of
contact information
.
14 . On January 7, 2005, a Violation Notice
("VN")
was sent
to Respondent by the Illinois EPA
.
15. On February 22, 2005, Respondent submitted a
compliance commitment agreement
("CCA")
to the Illinois EPA. On
March 16, 2005, the Illinois EPA rejected the CCA . While the
CCA was technically adequate, it was rejected because the
facility was considered a significant non-complier
.
16. Section 721 .102 of the Illinois Pollution Control
Board ("Board") Waste Disposal Regulations, 35 Ill . Adm. Code
721 .102, provides, in pertinent part, as follows
:
Definition of Solid Waste
Solid waste
.
1)
A solid waste is any discarded material that
is not excluded by Section 721 .104(a) or
that is not excluded pursuant to 35 Ill
.
Adm. Code 720 .130 and 720 .131
.
2)
A discarded material is any material that is
described as follows
:
A)
Abandoned, as explained in subsection
(b) of this Section ;
B)
Recycled; as explained in subsection
(c) of this Section
;
C)
Considered inherently waste-like, as
5
a)
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explained in subsection (d) of this
Section; or
D)
A military munition identified as a
solid waste in 35 Ill
. Adm . Code
726 .302
.
b)
A material is a solid waste if it is abandoned in
one of the following ways
:
1)
It is disposed of
;
2)
It is burned or incinerated ; or
3)
It is accumulated, stored, or treated (but
not recycled) before or in lieu of being
abandoned by being disposed of, burned, or
incinerated .
17 . The contents of the drums located at the Respondent's
facility were `discarded material' pursuant to Section
721 .102(a)(2) of the Board Waste Disposal Regulations, 35 Ill
.
Adm. Code' 721 .102(a)(2), because they were abandoned by
accumulating and being stored at the Respondent's facility
.
18. As a discarded material, the contents of the drums
located at the Respondent's facility are solid waste, as that
term is defined in Section 721 .102(b) of the Board Waste
Disposal Regulations, 35 Ill . Adm. Code 721 .102(b), as they are
not excluded pursuant to Section 721.104(a), 35 Ill . Adm. Code
721.104(a), or Sections 721 .130 and 721 .131, 35 Ill . Adm. Code
.721 .130 and 721 .131
.
6
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19 . Section 721 .103 of the Board Waste Disposal
Regulations, 35 Ill . Adm. 721 .103, provides, in pertinent part,
as follows
:
Definition of Hazardous Waste
a) A solid waste, as defined in Section 721 .102, is
a hazardous waste if the following is true of the
waste
:
1)
It is not excluded from regulation as a
hazardous waste under Section 721 .104(b)
;
and
2)
It meets any of the following criteria
:
A)
It exhibits any of the characteristics
of hazardous waste identified in
Subpart C of this Part
.
.
.
B)
It is listed in Subpart D of this Part
and has not been excluded from the
lists in Subpart D of this Part under
35 Ill . Adm. Code 720 .120 and 720 .122
.
20. Section 721 .121(b) of Subpart C of Part 721 of the
Board Waste Disposal Regulations, 35 Ill . Adm . Code 721 .121(b),
provides as follows
:
Characteristic of Ignitability
b) A solid waste that exhibits the characteristic of
ignitability has the USEPA hazardous waste number
of D001
.
21. Section 721 .131 of Subpart D of Part 721 of the Board
Waste Disposal Regulations, 35 Ill Adm . Code 721 .131, provides,
in pertinent part, as follows
:
Hazardous Wastes from Nonspecific Sources
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a)
The following solid wastes are listed hazardous
wastes from non-specific sources unless they are
excluded under 35 Ill . Adm. Code 720 .120 and
720.122 and listed in Appendix I of this Part
.
USEPA Hazardous
Industry and
Waste No
.
Hazardous Waste
F003
The following spent non-
halogenated solvents: xylene, acetone,
ethyl acetate, ethyl benzene, ethyl ether,
methyl isobutyl ketone, n-butyl alcohol,
cyclohexanone, and methanol ; all spent
solvent mixtures and blends containing,
before use, only the above spent non-
halogenated solvents; and all 'spent solvent
mixtures and blends containing, before use,
one or more of the above non-halogenated
solvents and a total of ten percent or more
(by volume) of one or more of those
solventss listed in F001, F002, F004, or
F005; and still bottoms from the recovery
of these spent solvents and spent solvent
mixtures
.
F005
The following spent non-
halogenated solvents: toluene, methyl ethyl
ketone, carbon disulfide, isobutanol,
pyridine, benzene, 2-ethoxyethanol, and
2- nitropropane ; all spent solvent mixtures
and blends, containing, before use, a total
of ten percent or more (by volume) of one
or more of the above non-halogenated
solvents or those solvents listed in F001,
F002, or F004 ; and still bottoms from the
recovery of these spent solvents and
spent solvent mixtures
.
22. The waste paint related material generated and stored
by Respondent exhibits the characteristic of ignitability and
S
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has USEPA hazardous waste number D001. The waste paint related
material is also a non-halogenated solvent listed as Hazardous
Waste Number F003 . Additionally, Respondent uses methyl ethyl
ketone
("MEK") for a solvent, therefore USEPA Hazardous Waste
Number F005 would apply to any such waste
.
23 . Section 3 .315 of the Act, 415 ILCS 5/3 .315 (2004),
provides the following definition
:
"Person" is any individual, partnership, co-
partnership, firm, company, limited liability company,
corporation, association, joint stock company, trust,
estate, political subdivision, state agency, or any
other legal entity, or their legal representative,
agent or assigns
.
24 . Respondent is a "person" as that term is defined in
Section 3 .315 of the Act, 415 ILCS 5/3 .315 (2004)
.
25. Section 21(f) of the Act, 415 ILCS 5/21(f)(2004),
provides, in pertinent part, as follows
:
Prohibited acts . No person shall
:
(f) Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal
operation :
.
(1) without a RCRA permit for the site issued by
the Agency under subsection (d) of Section
39 of this Act, or in violation of any
condition imposed by such permit, including
periodic reports and full access to adequate
records and the inspection of facilities, as
may be necessary to assure compliance with
this Act and with regulations and standards
adopted thereunder; or
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*****PCB2006-143*****
(2)
in violation of any regulations or standards
adopted by the Board under this Act
;
*
26. Section 720 .110 of the Board Waste Disposal,
Regulations, 35 Ill . Adm . Code 720 .110, provides the following
definitions
:
"Disposal" means the discharge, deposit, injection,
dumping, spilling, leaking, or placing of any solid
waste or hazardous waste into or on any land or water
so that such, solid waste or hazardous waste or any
constituent thereof may enter the environment or be
emitted into the air or discharged into any waters,
including groundwaters
.
"Facility" means the following
:
All contiguous land and structures, other
appurtenances, and improvements on the land used for
treating, storing, or disposing of hazardous waste . A
facility may consist of several treatment, storage, or
disposal operational units (e .g .,
one or more
landfills, surface impoundments, or combinations of
them)
.
"Storage" means the holding of hazardous waste for a
temporary period, at the end of which the hazardous
waste is treated, disposed of, or stored elsewhere
.
27 . Section 702 .110 of the Board Waste Disposal
Regulations, 35 Ill . Adm . Code 702 .110, provides the following
definitions
:
"Hazardous waste management facility" or "HWM
facility" means all contiguous land and structures,
other appurtenances, and improvements on the land,
used for treating, storing, or disposing of "hazardous
waste" . A facility may consist of several treatment,
storage, or disposal operational units (for example,
one or more landfills, surface impoundments, or
combinations of them)
.
1 0
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"Generator"
(RCRA) means any person, by site location,
whose act or process produces "hazardous waste"
identified or listed in 35 Ill . Adm . Code 721
.
28 . As a result of Respondent's operations, Astec was and
is a generator of hazardous waste, as that term is defined in
Section 702 .110, 35 Ill . Adm . Code 702 .110
.
29. From at least April 23, 2004, or a date better know to
the Respondent, Astec was the owner and/or operator of a
"hazardous waste facility" as that term is defined in Section
702 .110, 35 Ill . Adm. Code 702 .110
.
30 . Sections 703 .121(a) and (b) of the Board Waste
Disposal Regulations, 35 Ill . Adm. Code 703 .121(a) and
(b),
provide as follows
:
RCRA Permits
a)
No person may conduct any hazardous waste
storage, hazardous waste treatment, or hazardous
waste disposal operation as follows
:
1)
Without a RCRA permit for the HWM (hazardous
waste management) facility ; or
2)
In violation of any condition imposed by a
RCRA permit
.
b)
An owner or operator of a HWM unit must have
permits during the active life (including the
closure period) of the unit . An owner or operator
of a surface impoundment, landfill
,
land
treatment unit or a waste pile unit that received
wastes after July 26, 1982, or that certified
closure (according to 35 Ill . Adm. Code 725 .215)
after January 26, 1983, must have a post-closure
care permit, unless it demonstrates closure by
removal or decontamination, as provided under
Sections 703 .159 and 703 .160, or obtains
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enforceable documents containing alternative
requirements, as provided under Section 703 .161
.
If a post-closure care permit is required, the
permit must address applicable 35 Ill . Adm . Code
724 groundwater monitoring, unsaturated zone
monitoring, corrective action, and post-closure
care requirements
.
31 . From at least April 23, 2004, or a date better known
to the Respondent, Astec was storing hazardous wastes at the
facility in Sterling, Illinois
.
32. The holding of the hazardous wastes constitutes
"storage" as that term is defined in Section 720 .110, 35 Ill
.
Adm. Code 720 .110
.
33. The facility is .a "hazardous waste management
facility" as that term is defined in Section 702 .110, 35 Ill
.
Adm. Code 702 .110
.
34. From at least April 23, 2004, and continuing through
the date of filing of this Complaint, or a date better known to
the Respondent, Astec conducted a hazardous waste storage
operation at the facility
.
35. Respondent was required by Section 21(f) of the Act,
415 ILCS 5/21(f)(2004), to obtain a RCRA permit in order to
conduct a hazardous waste storage operation
.
36. From at least April 23, 2004, and continuing through
the date of filing of this Complaint, Respondent has failed to
obtain a RCRA permit for the facility or comply with the
hazardous waste generator regulations that would exempt them
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*****PCB2006-143*****
from such permit requirements, in violation of Section 21(f)(1)
of the Act, 415 ILCS 5/21(f)(1)(2004), and Sections 703 .121(a)
and (b) of the Board Waste Disposal Regulations, 35 Ill . Adm .
Code 703 .121(a) and
(b)
.
37 . By violating Sections 703 .121(a) and (b) of the Board
Waste Disposal Regulations, 35 Ill . Adm. Code 703 .121(a) and
(b)., Respondent thereby, also violated Section 21(f)(2) of the
Act, 415 ILCS 21(f)(2)(2004)
.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, ASTEC MOBILE SCREENS, INC
. ; for the following
relief
:
1
.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein
;
2
.
Finding that Respondent has caused or allowed
violations of Sections 21(f)(1) and (2) of the Act, 415 ILCS
5/21(f)(1) and (2)(2004), and Sections 703 .121(a) and (b) of the
Board Waste Disposal Regulations, 35 Ill . Adm . Code 703 .121(a)
and
(b)
;
3
.
Assessing a civil penalty against the Defendant of
Twenty-Five Thousand Dollars ($25,000 .00) per day of violation
of Sections 21(f)(1) and (2) of the Act, 415 ILCS 5/21(f)(1) and
(2)(2004), and Sections 703 .121(a) and (b) of the Board Waste
Disposal Regulations, 35 Ill . Adm. Code 703 .121(a) and
(b)
;
13
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4
.
Taxing all costs in this action, including attorney,
expert witness and consultant fees, against the Respondent ; and
5
.
Granting such other relief as the Board deems
appropriate and just
.
COUNT II
FAILURE TO PERFORM A SPECIAL WASTE DETERMINATION
1-29. Plaintiff re-alleges and incorporates by reference
herein paragraphs 1 though 29 of Count I as paragraphs 1
through
29 of this Count II
.
30 . Section 808 .121(a) of the Board Waste Disposal
Regulations, 35 Ill . Adm. Code 808 .121(a), provides as follows
:
Generator Obligations
a)
Each person who generates waste shall determine
whether the waste is a special waste
.
BOARD NOTE: 35 Ill. Adm. Code 722 requires the person to also
determine if the waste is a hazardous waste
.
31 . From at least April 23, 2004, or on a date better
known to the Respondent, Astec has generated spent spray booth
filters and spray booth floor sweepings and failed to determine
whether any of the waste was a special waste in violation of
Section 808.121(a) of the Board Waste Disposal Regulations, 35
Ill . Adm. Code 808 .121(a)
.
32 . By violating Section 808 .121(a) of the Board Waste
Disposal Regulations, 35 Ill . Adm. Code 808.121(a), Respondent
14,
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thereby, also violated Section 21(f)(2) of the Act, 415 ILCS
5/21 (f) (2) (2004)
.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, ASTEC MOBILE SCREENS, INC ., for the following
relief
:
1
.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein
;
2
.
Finding that Respondent has caused or allowed
violations of Section 21(f)(2) of the Act, 415 ILCS
5/21(f)(2)(2004), and Section 808 .121(a) of the Board Waste
Disposal Regulations, 35 Ill . Adm. Code 808 .121(a)
;
3
.
Assessing a civil penalty against the Defendant of
Twenty-Five Thousand Dollars ($25,000 .00) per day of violation
of Section 21(f)(2) of the Act, 415 ILCS 5/21(f)(2)(2004), and
Section 808 .121(a) of the Board Waste Disposal Regulations, 35
Ill . Adm. Code 808 .121(a)
;
4
.
Taxing all costs in this action, including attorney,
expert witness and consultant fees, against the Respondent ; and
5
.
Granting such other relief as the Board deems
appropriate and just
.
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COUNT III
FAILURE TO PERFORM A HAZARDOUS WASTE DETERMINATION
1-29 . Plaintiff re-alleges and incorporates by reference
herein paragraphs 1 though 29 of Count I as paragraphs 1 through
29 of this Count III
.
30. Section 722 .111 of the Board Waste Disposal
Regulations, 35 Iii . Adm. Code 722 .111, provides, in pertinent
part, as follows
:
Hazardous Waste Determination
A person that generates a solid waste, as defined in
35 Ill . 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 Ill . Adm. Code
721 .104
.
b)
The person should then determine if the waste is
listed as a hazardous waste in Subpart D of 35
Ill . Adm. Code 721
.
BOARD NOTE : Even if a waste is listed as a hazardous waste, the
generator still has an opportunity under 35 Ill . Code 720 .122 to
demonstrate that the waste from the generator's particular
facility or operation is not a hazardous waste
.
31. As a generator of solid waste, Respondent is required
to determine whether the wastes generated and stored at the
facility are hazardous wastes pursuant to Section 722 .111 of the
Board Waste Disposal Regulations, 35 111 . Adm. Code 722 .111
.
32 . From at least April 23, 2004, or a date better known
to the Respondent, waste determinations were not available for
the spent spray booth filters and spray booth floor sweepings at
16
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the facility as required by Section 722.111 of the Board Waste
Disposal Regulations, 35 Ill . Adm . Code 722 .111
.
33. By violating Section 722 .111 of the Board Waste
Disposal Regulations, 35 Ill . Adm . Code 722 .111, Respondent
thereby, also violated Section 21(f)(2) of the Act, 415 ILCS
5/21 (f) (2) (2004)
.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, ASTEC MOBILE SCREENS, INC ., for the following
relief
:
1
.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein ;
2
.
Finding that Respondent has caused or allowed
violations of Section 21(f).(2) of the Act, 415 ILCS
5/21(f)(2)(2004), and Section 722 .111 of the Board Waste
Disposal Regulations, 35 Ill . Adm. Code 722 .111
;
3
.
Assessing a . civil penalty against the Defendant of
Twenty-Five Thousand Dollars ($25,000 .00) per day of violation
of Section 21(f)(2) of the Act, 415 ILCS 5/21(f)(2)(2004), and
Section 722 .111 of the Board Waste Disposal Regulations, 35 Ill
.
Adm. Code 722 .111 ;
4
.
Taxing all costs in this action, including attorney,
expert witness and consultant . fees, against the Respondent ; and
17
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5
.
Granting such other relief as the Board deems
appropriate and just
.
COUNT IV
FAILURE TO PROPERLY LABEL USED OIL
1-29 . Plaintiff re-alleges and incorporates by reference
herein paragraphs 1 though 29 of Count I as paragraphs 1 through
29 of this Count IV
.
30 . Section 739 .122(c)(1) of the Board Waste Disposal
Regulations, 35 Ill . Adm. Code 739 .122(c)(1), provides as
follows
:
Used Oil Storage
A used oil generator is subject to all applicable
federal Spill Prevention, Control-and Countermeasures
(40 CFR 112) in addition to the requirements of this
Subpart C. A used oil generator is also subject to the
Underground Storage Tank (35 Ill . Adm . Code 731)
standards for used oil stored in underground tanks
whether or not'the used oil exhibits any
characteristics of hazardous waste, in addition to the
requirements of this Subpart C
.
c)
Labels
.
1)
Containers and aboveground tanks used to
store used oil at generator facilities must
be labeled or marked clearly with the words
"Used Oil ."
31. As a generator of used oil, Respondent is required to
label the used oil generated and stored at the facility pursuant
to Section 739 .122(c)(1) of the Board Waste Disposal
Regulations, 35 Ill . Adm. Code 739 .122(c)(1)
.
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32. From at least April 23, 2004, or a date better known
to the Respondent, Astec failed to label its used oil as
required by Section 739 .122(c)(1) of the Board Waste Disposal
Regulations, 35 111. Adm. Code 739 .122(c)(1)
.
33 . By violating Section 739 .122(c)(1) of the Board Waste
Disposal Regulations, 35 Ill . Adm. Code 739 .122(c)(1),
Respondent thereby, also violated Section 21(f)(2) of the Act,
415 ILCS 5/21(f)(2)(2004)
.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
Respondent, ASTEC MOBILE SCREENS, INC ., for the following
relief
:
1
.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein ;
2
.
Finding that Respondent has caused or allowed
violations of Section 21(f)(2) of the Act, 415 ILCS
1
5/21(f)(2)(2004), and Section 739.122(c)(1) of the Board Waste
Disposal Regulations, 35 Ill . Adm. Code 739 .122(c)(1)
;
3
.
Assessing a civil penalty against the Defendant of
Twenty-Five Thousand Dollars_ ($25,000 .00) per day of violation
of Section 21(f)(2) of the Act, 415 ILCS 5/21(f)(2)(2004), and
Section 739 .122(c)(1) of the Board Waste Disposal Regulations,
35 Ill . Adm. Code 739 .122(c)(1) ;
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4
.
Taxing all costs in this action, including attorney,
expert witness and consultant fees, against the Respondent ; and
5
.
Granting such other relief as the Board deems
appropriate and just
.
COUNT V
MANAGING AN INDUSTRICAL PROCESS WASTE AS A NON-SPECIAL WASTE
WITHOUT PROPER CERTIFICATION
1-28 . Plaintiff re-alleges and incorporates by reference
herein paragraphs 1 though 24 and 26 through 29 of Count I as
paragraphs 1 through 28 of this Count V .
29. Section 22 .48(a) of the Act, 415 ILCS
5/22 .48(a)(2004), provides as follows
:
Non-special waste certification; effect on permit
.
(a) An industrial process waste or pollution control
waste not within the exception set forth in
subdivision (2) of subsection (c) of Section
3 .475 of this Act must be managed as special
waste unless the generator first certifies in a
signed, dated, written statement that the waste
is outside the scope of the categories listed in
subdivision (1) of subsection (c) of Section
3 .475 of this Act
.
30 . Section 3.235 of the Act, 415 ILCS 5/3 .235 (2004),
provides the following definition
:
"Industrial process waste" means any liquid, solid,
semi-solid, or gaseous waste generated as a direct or
indirect result of the manufacture of a product or the
performance of a service. Any such waste which would
pose a present or potential threat to human health or
to the environment or with inherent properties which
make the disposal of such waste in a landfill
difficult to manage by normal means is an industrial
process waste. "Industrial Process waste" includes but
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is not limited to spent pickling liquors, cutting
oils, chemical catalysts, distillation bottoms,
etching acids, equipment cleanings, paint sludges,
incinerator ashes (including but not limited to ash
resulting from the incineration of potentially
infectious medical waste), core sands, metallic dust
sweepings, asbestos dust, and off-specification,
contaminated or recalled wholesale or retail products
.
Specifically excluded are uncontaminated packaging
materials, uncontaminated machinery components,
general household waste, landscape waste and
construction or demolition debris
.
31 . As a generator of industrial process waste, Respondent
was required to treat that waste as special waste unless
Respondent certified its exclusion from that requirement
.
32 . From at least April 23, 2004, or a date better known
to the Respondent, Astec failed to prepare a certification or
treat its industrial process waste as special waste as required
by Section 22 .48(a) of the Act, 415 ILCS 5/22 .48(a)(2004)
.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against
l Respondent, ASTEC MOBILE SCREENS, INC., for the following
relief
:
1
.
Authorizing a hearing in this matter at which time
Respondent will be required to answer the allegations herein ;
2
.
Finding that Respondent has caused or allowed
violation of Section 22 .48(a) of the Act, 415 ILCS
5/22 .48(a)(2004)
;
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Assessing against the Respondent a civil penalty of
Fifty Thousand Dollars ($50,000 .00) for each and every violation
of the Act and pertinent regulations, and an additional civil
penalty of Ten Thousand Dollars ($10,000 .00) for each day of
violation ; ;
4
.
Taxing all costs in this action, including attorney,
expert witness and consultant fees, against the Respondent ; and
5
.
Granting such other relief as the Board deems
appropriate and just
.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney
General of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
By :
~-I
, i
RO
I AZEAU,
Environmenta ureau
Assistant Attorney General
Of Counsel
:
George D . Theophilos
Assistant Attorney General
Environmental Bureau
188 W. Randolph Street, Suite 2001
Chicago, Illinois 60601
(312) 814-6986
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.
*****PCB2006-143*****
ORIGINAL
CERTIFICATE OF SERVICE
1, George D . Theophilos, an Assistant Attorney General, certify that on the 9" day of
March, 2006, I caused to be served by Certified Mail (Respondent) and by First Class Mail
(Illinois EPA Counsel) the foregoing Complaint to the parties named on the attached service list,
by depositing same in postage prepaid envelopes with the United States Postal Service located at
100 West Randolph Street, Chicago, Illinois 60601 .
