Lisa Madigan
ATTORNEY GENERAL
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
.
Very truly yours,
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
March 22, 2006
Re :
People v. Big River Zinc Corporation, et al
Kristen Laughridge Gale
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
KLG/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090
•
TTY: (217) 785-2771
•
Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601
• (312) 814-3000
•
TTY: (312) 814-3374
•
Fax: (312) 814-3806
1001 East Main, Carhondale, Illinois 62901
• (618) 529-6400
• TTY: (618) 529-6403
•
Fax: (618) 529-6416
<EE~*
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
\
\
,IG RIVER ZINC
CORPORATION,
\
ration, and
~
\
ALLIED WASTE TRANSPORTATION,
INC., d/b/a MIDWEST WASTE,
a Delaware corporation,
Respondents .
)
VS .
or an attorney
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOTICE
OF FILING
To :
BIG RIVER ZINC CORPORATION
ALLIED WASTE TRANSPORTATION, /N(}
.
C/O
Joe IT`JHeitz0aO . R.A .
d/b/a MIDWEST WASTE
2401 Mississippi Avenue
c/o Brian E. Konzen
Sauget 162201
LUede
, Fl0bOrtsOn & KOOz8O. LLC
1939 [)e!mar Avenue
IT[}. Box 735
Granite City, IL 62040-0735
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of
!UiOoiS,
a COMPLAINT, a copy of which is attached hereto and
herewith served upon
yOw
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
PCB No .
(Enforcement)
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
217/782-8O31
Dated: March 22, 2006
2
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Div~ion
/'KRISTEN LAUGHF<0GE GALE
Assistant Attorney General
Environmental Bureau
Environmental Bureau
To :
BIG RIVER ZINC CORPORATION
C/O
Joe P. Heitzman, R .A .
2401 Mississippi Avenue
S3ug8t.!L02201
CERTIFICATE OF SERVICE
I hereby certify that I did on March 22, 2006, Ssend 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
ALLIED WASTE TRANSPORTATION, INC
.
d/b/a MIDWEST WASTE
c/o Brian E. Konzen
LU8de[S.Robertson &KOnZ8O.LLC
1939 Delmar Avenue
PD. Box 735
Granite CAI I 6204T0735
and the original and ten copies by First Class Mad w4h 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
LaughhdgeG8!8
Zssistant Attorney General
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
)
vs .
)
PCB No .
(Enforcement)
BIG RIVER ZINC CORPORATION,
)
a Delaware corporation, and
)
ALLIED WASTE TRANSPORTATION,
)
INC., d/bla MIDWEST WASTE,
a Delaware corporation,
)
Respondent .
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, KRISTEN
LAUGHRIDGE GALE, Assistant Attorney General of the State of Illinois, hereby enters her
appearance as attorney of record
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State of Illinois
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: March 22, 2006
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Liti ation Division
BY
:f
STEN LAUGHRIDGE GALE
Environmental Bureau
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
}
)
)
vs
.
)
)
BIG RIVER ZINC CORPORATIO )
Delaware corporation, and
,
}
ALLIED WASTE TRANSPORTATION, INC
.
}
d/bla MIDWEST WASTE, a Delaware
}
corporation,
)
)
Respondents .
)
Complainant,
COMPLAINT
The PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
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 Respondents, BIG RIVER ZINC
CORPORATION and ALLIED WASTE TRANSPORTATION, INC. d/b/a MIDWEST WASTE, as
follows :
COUNTI
USED OIL RELEASE AND VIOLATIONS
This count is brought on behalf of the People of the State of Illinois,
ex rel.
Lisa
Madigan, the 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 Sections 31 of the
Illinois Environmental Protection Act ("the Act"), 415 ILCS 5/31 (2004)
.
1
No. PCB No . 06-
(Enforcement
-
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!LC85/4/20O4\ .3ndcharged,
inter alia,
with the
duty of enforcing the Act in proceedings before the Illinois Pollution Control Board ("Board")
.
3 .
This Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31
(2004), after providing the Respondent with notice and the opportunity for a meeting with the
Illinois EPA .
The Respondent, Big River Zinc Corporation ("BRZ"), is a Delaware corporation
and is Ncensed to do business in Illinois and is in goodstanding
.
5
.
BRZ owns and operates a facility at 2401 Mississippi Avenue, Sauget, St . Clair
County, Illinois ("facility") . BRZprodU&8S and sells zinc metal and associated co-products
.
6 .
The BRZ facility is regulated as a Large Quantity Generator of Hazardous Waste
and generates demolition and construction waste that is hazardous for arsenic, cadmium, and
lead. The BRZ facility also periodically generates other hazardous waste including lab packs
@ndsolvent filters . The BRZ facility generates non-hazadous waste including used oil,
wastewater treatments sludge and PCB waste
.
7 .
The Respondent, Allied Waste Transportation, Inc. d/b/a Midwest Waste is a
Delaware corporation and is licensed to do business in Illinois and is in goodstanding . Midwest
Waste ("Midwest") is an assumed name of Aked waste Transportation, Inc
.
8
.
On May 24, 2005, Illinois EPA conducted a Compliance Evaluation Inspection at
the BRZ facility to determine the regulatory status of the facility and the facility's compliance
with the Act and Board Regulations. The Illinois EPA inspector reviewed documentation, the
.
contingency plan, and walked through the BRZ faciNy with the President and Environmental
Manager .
follows :
9
.
Section 21 of th8Act, 415!LCS 5/21 (2004), provides, in pertinent part, as
No person shall :
a
.
Cause or allow the open dumping of any waste
.
Conduct any hazardous waste-storage, hazardous waste-treatment or
hazardous waste-disposal operation
:
1with[ut 8FCRApermit 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
2 .
in violation of any regulations or standards adopted by the Board
under this Act; or
10
.
Section 3.3U5Ofdle Act, 415 ILCS 5/3.305 (2004), provides as follows
:
"Open dumping" means the consolidation of refuse from one or more sources a
di8pOSal site that does not fulfill the requirements of a sanitary landfill
.
11
.
Section 3.220 of the Act, 415 ILCS 5/3 .220 (2004), provides as follows
:
"Hazardous waste" means a waste, or combination of wastes, which because of
its quantity, concentration, or physical, chemical
, or infectious characteristics
may cause or significantly contribute to an increase in mortality or an increase in
serious, irreversible, or incapacitating reversible, illness ; or pose a substantial
present or potential hazard to human health or the environment when improperly
treated, stored, transported, or disposed of, or otherwise managed, and which
has been identified, by characteristics or listing, as hazardous pursuant to
Section 3001 of the Resource Conservation and Recovery Act of 1976, P .L . 34-
580,Orpursuant to Board regulations
.
12 .
Section 3120 of the KOM ILCS EV1520 (2004), provides as follows
:
"Used oil" means any oil which as been refined from crude oil or refined from
used o" has been used, and as a result of such use has been contaminated by
physical or chemical impurities
.
.
.
3
13
.
Section 722.111 of the Hazardous Waste Operating Requirements Regulations,
35 Ill. Adm. Code 722.111, provides as follows
:
/\person that generates a solid waste, as defined in 35 111 . 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 35 111. Adm. Code 721 .104 .
b)
The person should then determine if the waste is listed as a hazardous
waste in Subpart Dnf35UiAdm. Code 721
.
C)
For purposes of compliance with 35 Ui Adm . Code 728, or if the waste is
not listed as a hazardous waste in Subpart D of 35 U! . Adm. Code 721,
the generator must then determine whether the waste is identified in
Subpart C of 35 !U. Adm. Code 721 by either of the following methods
:
1\
Testing the waste according to the methods set forth in Subpart C
Of 35 !U. Adm. Code 721, or according to an equivalent method
approved by the Board under 35 111. Adm. Code 72al2t (or
2)
Applying knowledge of the hazard characteristic of the waste in
light of the materials or processes used
.
d)
If the generator determines that the waste is hazardous, the generator
must refer to 35 !U. Adm. Code 724, 725, 728, and 733 for possible
exclusions or restrictions pertaining to the management of the specific
14
.
Section 739A220) of the Board's Standards for Management of Used Oil
Regulations, 35 Ill. Adm. Code 739.122(d), provides as follows
:
A used od 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 !U. 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
.
°
d)
Response to releases. Upon detection of a release of used oil to the
environment that is not subject to the federal requirements of 40 CFR
280, Subpart F and which has occurred after October 4 . 1996,
3
generator must perform the following cleanup steps
:
1\
Stop the release ;
2)
Contain the released used
oil
;
3)
Properly clean up and manage the released used oil and other
materials; and
4)
If necessary, repair or replace any leaking used oil storage
containers or tanks prior to returning them to service
.
15
.
Section 721 .102 of the Board's Identification and Listing of Hazardous Waste
Regulations, 35!UL Adm . Code 721
A
OZ provides that a solid waste is any material that is
abandoned, recycled, or considered inherently waste-like
.
16 .
The BRZ facility has two 500-gallon used oil tanks . One tank is at the
Maintenance Building and the other is at the Oil Storage Building
.
17
.
On May 24, 2005, there was spillage of used oil around both 500-gallon used oil
18
.
On May 24, 2005, there was oil soaked oil dry around the 500-gallon used oil
tank at the Oil Storage Building
.
19 .
The oil soaked oil dry is a solid waste as defined by Section 721 .102 of the
Board's Identification and Listing of Hazardous Waste Regulations, 35Ill. Adm. Code 721 .102 .
2O~
BRZ did not conduct a hazardous waste determination of the oil soaked GQ
21
.
(}nMay24,2OO5 .there vv8S8!8q]e amount of sludge on the pavement and
'
around the sewer gate in front of the BRZ Maintenance Building. The sludge was from the
cleaning out of vehicles prior to having them serviced
.
21
The sludge is a solid waste as defined by Section 721 .102 of the Board's
Identification and Listing of Hazardous Waste Regulations, 35 !U . Adm. Code 721.102 .
23
.
BRZ did not conduct a hazardous waste determination of the sludge
.
24 .
On May 24, 2005, an oil drum
in
front of the BRZ Maintenance Building was
leaking. The oil waste was mixing with the sludge around the sewer gate
.
5
25 .
By not conducting a hazardous waste determination of the oil soaked oil dry and
the S!udge. BRZ violated Section =111 of the Hazardous Waste Operating Requirements
Regulations, 35 !U. Adm. Code 722A 11
.
26
.
By allowing spillage around the two 500-gallon used oil tanks without following
the required cleanup steps, BRZ violated Section 731122(d) of the Board's Standards for
Management of Used Oil Regulations, 35 !U. Adm. Code 731122(d\
.
27. By allowing sludge to.accumulate, an oil drum to leak, and spillage around both
500-gallon used oil tanks, BRZ caused or allowed open dumping in violation of Section 21(@) of
the Act, 415 ILCS 5/21 (a) (2004)
.
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board enter an Order against the Respondent, BIG RIVER ZINC CORPORATION :
PRAYER FOR RELIEF
A .
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B
.
Finding that the Respondent has viobted the Act and regulations as alleged
herein ;
C
.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations ;
O
.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum
;
E
.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), award the
Complainant its costs in this matter, including reasonable attorney's fees and costs; and
F
.
Grant such other and further relief as the Board deems appropriate
.
6
COUNT 11
HAZARDOUS WASTE VIOLATIONS
1-11 . Complainant realleges and incorporates
rporates herein by reference paragraphs 1
through 11 of Count I as paragraphs 1 through 11 of this Count 11
.
12,
Section 722.134(a) of the Board's Hazardous Waste 0perating Regulations, 35
M. Adm. Code 72Z 1 34(a), provides~ in peMeM
rat,
as hAbws
:
a)
Except as provided in subsection (d), (e), (f), (g), (h), or (i) of this Section,
a generator is exempt from all the requirements in 35 111 . Adm. Code
725.Subparts G and H, except for 35 !UL Adm . Code 721211 and
721214, and may accumulate hazardous waste on-site for 90 days or
less without a permit or without having interim status, provided that the
following conditions are fulfilled :
1\
The waste is placed in or on one of the following
:
A)
In containers, and the generator complies with 35 Ui Adm .
Code 725.Subparts !./\A ' BB, and CC
;
2)
The date upon which each period of accumulation begins is
clearly marked and visible for inspection on each container
;
3)
While being accumulated on-site, each container and tank is
labeled or marked clearly with the words "Hazardous Waste"; and
4)
The generator complies with the requirements for owners or
operators in 35 !U . Adm. Code 725.Subparts C8nd D and with 35
111. Adm. Code 72a 116 and 72& 1 07Q#5)
.
13 .
BRZ generates filter press cloths from a plate and frame filters press located in
the Leaching Building . The waste filter press cloths is accumulated in a 30 cubic yard roll-off
box
.
14
.
The waste filter press cloths are hazardous for arsenic, cadmium and lead . The
USEPA Hazardous Waste Number Or arsenic is D004, for chromium it is D006 and for lead it is
D008 .
7
15
.
OOM8y24.2OO5.the3Ocubic yard roll-off box containing waste filter press
cloths did not have an accumulation start date and was not Abeled as "Hazardous Waste
.
"
16
.
By failing to Abel the 30 Cubic yard n3U-Off box contaJining waste filter press
cloths as "hazardous waste" and affixing an accumulation date, BRZ violated Section
72Z]34(@)/2)aDd(8\(3\Ofthe Board's Hazardous Waste Operating Regulations, 35 111 . Adm
.
COd6721134(8\i2\ . (8\/3) .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board enter an Order against the Respondent, BIG RIVER ZINC CORPORATION
:
A .
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B
.
Finding that the 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
;
O .
Pursuant tOSection 42(8) OfUleAct, 415!LCS5/42/a\(2OO4) .impose 8civii
penalty of not more than the statutory maximum ;
E .
Pursuant to Section 42(f) of the Pot 415 ILCS 5/42(f) (2004), award the
Complainant its costs in this matter, including reasonable attorney's fees and costs ; and
F
.
Grant such other and further reHef as the Board deems appropriate
.
8
COUNT III
HAZARDOUS WASTE PERMIT VIOLATIONS
1-11 . Complainant nea!!eges and incorporates herein by reference paragraphs 1
through 1 1 of Count I as paragraphs 1 through 11 of this Count Ill
.
12
.
Section 702.110 of the Board's RCRA and UIC Permit Programs Regulations, 35
111. 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)
.
"HWM facility" (RCRA) means Hazardous waste management facility
.
13
.
Section 703.121 of the Board's RCRA Permit Program Regulations, 35 111 . Adm .
Code 701121, provides in pertinent part, as follows
:
a)
No person may conduct any hazardous waste storage, hazardous waste
treatment, or hazardous waste disposal operation as follows
:
1\
Without oRCRApermit for the HWM (hazardous waste
management) facility; or
14 .
By failing to comply with the permit exemption conditions of Section 722 .134(a)
of the Board's Hazardous Waste Operating Regulations, 35 !4 Adm. Code 722.134(a), the BRZ
facility no longer falls within the RCRA permit exclusion under Section 703.123 of the Board's
RCRAPerrnit Program Regulations, 35 Ill. Adm. Code 703.123
.
15
.
By storing hazardous waste without
G
RCRApeKDi1. BRZ has violated Section
210of the Act, 415 !LCS5/21(f)(20O4) .andSection 701121Q\of the Board's RCRA Permit
'
Program Regulations, 35 111. Adm. Code 703 .121 (a)
.
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board enter an Order against the Respondent, BIG RIVER ZINC CORPORATION
:
A .
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B .
Finding that the Respondent has Volated 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 not more than the statutory maximum
;
E .
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), award the
.
CO[np!8in3ntitSC0StSinthiSDl8tte[.inC!UdinQFeaS0nab/o8UDnney'sf8eS8ndooStS ; and
F .
Grant such other and further relief as the Board deems appropriate
.
COUNT IV
1
HAZARDOUS WASTE CONTINGENCY
PLAN VIOLATIONS
-11
.
Complainant realleges and incorporates herein by reference paragraphs 1
through 11 of Count I as paragraphs 1 through 11 of this Count IV
.
12
.
Section 725 .153 of the Board's Interim Status Standards For Owners And
Operators Of Hazardous Waste Treatment, Storage, And Disposal Facilities Regulations, 35 111
.
Adm. Code 721153, provides, in pertinent pat, as follows
A copy of the contingency plan and all revisions to the plan must be
:
a)
Maintained at the facility; and
b)
Submitted to all local police departments, fire departments, hospitals and
state and local emergency response teams that may be called upon to
provide emergency services
.
1 0
13 .
Section 725.155 of the Board!s Interim Status Standards For Owners And
Operators Of Hazardous Waste Treatment, Storage, And Disposal Facilities Regulations, 35 111
.
Adm. Code 721155, provides, in pertinent part, as follows
:
At all &me% there must be at least one employee either on the facility premises
or on call (i .e ., available to respond to an emergency by reaching the facility
within a short period of Ue) with the responsibility for coordinating all
emergency response n -wasnes. This emergency coordinator must be
thoroughly familiar with all aspects of the facility's contingency plan, all
operations and activities at the facility, the location and characteristics of waste
handled, the location of all records within the facility and the facility layout .
In
addition, this person must have the authori" to commit the resources needed to
carry out the contingency plan .
Comment: The emergency coordinator's responsibilities are more fully spelled
out in § 72a 151 ApplVable responsibilities for the emergency coordinator vary,
depending on factors such as type and variety of waste(s) handled by the facility
and type and complexity of the facility
.
14
.
0nOctober 0
` 1S90.BRZprovided a copy of the BRZ contingency plan dated
September 30, 1998. The contingency plan listed Stephen French as the Emergency
Coordinator
.
15
.
[)DK48y24.2005.BRZprovided 8copy Ofih8BRZ contingency plan dated
September 30, 1998 to Illinois EPA
.
16
.
In the BRZ contingency plan copy provided to the Illinois EPA on May 24, 2005,
the Environmental Manager, Mike Altepeter, was listed as the Emergency Coordinator.
17 .
Mike Altepeter did not know he was the Emergency Coordinator listed in the BRZ
contingency plan
18
.
Mike Altepeter was not thoroughly familiar With all aspects of the facility's
contingency plan
.
19 .
The BRZ contingency plan was updated with a net
, Emergency Coordinator, but
was not sent to the local authorities
.
11
20~
By failing to submit a copy of the updated contingency plan to all local police
departments, We departments, hospitals, and emergency response teams that may be called
upon to provide emergency services, BRZvio!a(ed Section 725 .153 of the Board's Interim
Status Standards For Owners And Operators Of Hazardous Waste Treatment, Storage, And
Disposal Facilities Regulations, 35 111 . Adm. Code 721153
.
21
.
By failing to have an emergency coordinator who was thoroughly familiar with all
aspects of the facility's. contingency plan, BRZ violated Section 725 .155 of the Board's Interim
Status Standards For Owners And Operators Of Hazardous Waste Treatment, Storage, And
Disposal Facilities Regulations, 35 UL Adm . Code 721155
.
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board enter an Order against the Respondent, BIG RIVER ZINC CORPORATION
:
A .
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein
;
B
.
Finding that the 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 not more than the statutory maximum
;
E
.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), award the
Cornp!8inaDtdSCoSt6inthiSrnatter .inc!udingreaSOnab!eatto[nevsfeHS@ndnOSts ; and
F .
Grant such other and further relief as the Board deems appropriate
.
12
COUNTV
FAILURE TO PERFORM EQUIPMENT INSPECTIONS
1-11
.
Complainant m8!leges and incorporates herein by reference paragraphs 1
through 11 of Count I as paragraphs 1 through 11 of this Count V
.
12 .
Section 725.274 of the Board's Interim Status Standards For Owners And
Operators Of Hazardous Waste Treatment, Storage, And Disposal Facilities Regulations, 35 Ill
.
Adm. Code 721274, provides as follows
:
The owner or operator shall inspect areas where containers are stored at least
weekly, looking for leaks and for deterioration caused by corrosion or other
factors
.
13 .
On May 24,2005 .there were no records documenting that the containers of
hazardous waste were inspected weekly
.
14
.
By failing to inspect the containers of hazardous waste weekly, BRZ has violated
Section 725.274 of the Board's Interim Status Standards For Owners And Operators Of
Hazardous Waste Treatment, Storage, And Disposal Facilities Regulations, 35 111 . Adm. Code
725274
.
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board enter an Order against the Respondent, BIG RIVER ZINC CORPORATION
:
A
.
Authorizing a hearing in this matter at "Mich time the Respondent will be
required to answer the allegations herein
;
Finding that the Respondent has violated the Act and regulations as alleged
herein ;
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations
;
1 3
D .
Pursuant to Section 42(a) of the Act, 415!LCS5/42(a)(2O04) .impose @civil
penalty of not more than the statutory maximum
;
E
.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), award the
COrnp!8inontitsCOStsinthiSrn@tter,inCudiOgr88son3b!oaUnrOevSfemSandCOStS ; and
F
Grant such other and further relief as the Board deems appropriate
.
1
COUNT VI
TRANSPORTATION AND DISPOSAL OF HAZARDOUS WASTE VIOLATIONS
-11 . Complainant realleges and incorporates herein by reference paragraphs 1
through 11 of Count I as paragraphs 1 through 11 of this Count VI
.
12
.
Section 21 of the Act, 415 ILCS 5/21 (2004) pprovides, in pertinent part, as
follows
:
No person shall
:
e)
E)ispose, heat, 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
Conduct any hazardous waste-transportation operation
:
2)
in violation of any regulations or standards adopted by the Board
under this Act
.
g)
13
.
Section 722.122(c) of the Board's Standards Applicable to Generators of
Hazardous Waste Regulations, 35 HL Adm. Code 722.112(c), provides as follows
:
A generator must not offer its hazardous waste to transporters or to treatment,
storage or disposal facilities that have not received @USEPAidentification
number .
14
.
Section 722,120(a) of the Board's Standards Applicable to Generators of
Hazardous Waste Regulations, 35 UL Adm. Code 722.120(a), provides as follows
:
14
A generator that transports hazadous waste or offers hazadous was& for
transportation for off-site treatment, storage, or disposal must prepare a manifest
before transporting the waste off-site
.
15,
Section 72&10b\2\ of the Board's Land Disposal Restrictions Regulations, 35
111. Adm. Code 728.107(a)(2), provides as follows
:
17 .
If the waste or contaminated soil does not meet the treatment standard, the
generator must send a one-time written notice to each treatment or storage
facility receiving the waste with the initial shipment of waste to each treatment or
storage facility, and the generator must place a copy of the one-time notice in the
file. The notice must include the information in column "728.107(a)(2)" of the
Generator Paperwork Requirements Table in Table I of this Part . No further
notification is necessary until such time that the waste or facility changes, in
which case
3
new notification must be sent and a copy placed in the generator's
16 .
Section 721120y) of the Board's Standards Applicable to Transporters of
Hazardous Waste Regulations, 35 IN . Adm. (lode 721120YI provides, in pertinent part, as
No acceptance without a manifest
.
1\
A transporter shall not accept hazardous waste from a generator unless it
is accompanied by a manifest signed in accordance with the provisions of
35 111. Adm. Code 72Z 121 _
Section 728109y) o"he Boat's Land Disposal Restrictions Regulations, 35 111
.
Adm. Code 728 .109(a), provides as follows
:
The initial generator of a solid waste must determine each USEPA hazardous
waste number (waste code) applicable to the waste in order to determine the
applicable treatment standards under Subpart D of this Part . For purposes of this
Part, the waste must carry the waste code for any applicable listing under
Subpart D of 35 IN. Adm. Code 72t In addlon, the waste must carry one or
more of the waste codes under Subpart C of 35 !U. Adm. Code 721 where the
waste exhibits 8 Ch8r8oteristic, except in the case when the treatment standard
for the listed waste operates in lieu of the treatment standard for the
characteristic waste, as specified in subsection (b) of this Section . If the
generator determines that its waste displays a characteristic of hazardous waste
(and the waste is not OOO1 nonwastewaters treated by CK4BST . RORGS, Or
POLYM of Table C to this Part), the generator must determine the underlying
hazardous constituents (as deined at Section 728.102(i)) in the characteristic
waste
.
1 5
18 .
Section 80&121t) of the Board's Spedal Waste Classification Regulations, 35
111. Adm. Code 808 .121 (b), provides as follows :
b)
No person shall deliver special waste to a transporter unless the waste is
accompanied by a manifest as specified in Section 808 .122, and the
transporter has a special waste hauling permit issued pursuant to 35 111
.
Adm. Code 809. The following are exceptions to this prohibihon
:
1)
The person is subject to the small quantity generator exemption of
Section 808.123
.
2)
The transporter and Waste are subject to a transporter exemption
under 35 111. Adm. Code 809.211 ~
3)
The Agency has determined pursuant to this Part that the waste is
not a special waste .
4)
The waste consists of municipal water or wastewater treatment
plant sludge regulated under a sludge management plan
approved by the Agency pursuant to 35 111. Adm. Code 309 .208 .
19
.
Section 809 .301 of the Board's Nonhazardous Special Waste Hauling and the
Uniform Program Regulations, 35 111 . Adm. Code 809.301, in pertinent part, as follows
:
No person may deliver any special waste generated within Illinois or for disposal,
storage or treatment within Illinois unless that person concurrently delivers a
manifest completed in accordance with Subpart E of this Part to a special waste
transporter who holds a current nonhazardous special waste hauling permit or
Uniform Program Registration and Permit issued by the Agency under Subpart B
or C of this Part
.
20 .
{)n March 18, 2005, BRZ contacted Midwest and requested 84O cubic yard roll-
off box to put wood waste in from dismantling the wooden #4 Thickner Tank. The wood waste
was to be relocated within the BRZ plant to a roaster for metal reclamation
.
21
.
BRZ did not analyze the wood waste to determine each USEPA hazardous
waste number applicable to the waste .
22 .
{)n March 21, 2005, MMidwest delivered a 40 cubic yard roll-off box to BRZ
.
23
.
On March 24, 2005, BRZ contacted Midwest to relocate the roll-off box, which
was done that day by substitute driver and the millwright supervised
.
1 6
24
.
On April 1, 2005, BRZ contacted Midwest to relocate the roll-off box again and
remove the empty roll-off box .
25
.
{}n April 4, 2005, the regular Midwest driver went to BRZ to move the roll-off box
.
No BRZ representative was present to supervise
.
26
.
The Midwest driver removed Me roll-off box and took the wood waste to the St .
Louis Transfer Station. The wood waste was mixed with the transfer station waste, and was
sent to Roxana Landfill Authority in Roxana, Madison County, Illinois
.
2T
The wood waste was not accompanied by a waste manifest
.
28 .
BRZ did not send a written notice to the St . Louis Transfer facility that the waste
was hazardous for cadmium
.
29
.
The St. Louis Transfer Station does not have an USEPA identification number
.
3a
The Roxana Landfill Authority is not permitted to accept hazardous waste
.
'
31
.
On April 5 2005, BRZ collected a sample of Me remakiIng wood waste . The
sample contained 221 mg/I of cadmium
.
32 .
[)nApril 82005.BRZ collected another sample of the remaining wood waste
.
The second sample contained 13 .9 mg/I of cadmium
.
33 .
The toxicity !evel for cadmium is 1 .0 mg/L as stated in Section 721 .124 of the
Board's Identification and Listing of Hazardous Waste Regulations, 35 Ill. Adm. Code 721 .124
.
The USEPA Hazardous Waste Number for cadmium is D006
.
34
.
By failing to determine each USEPA hazardous waste number applicable to the
wood waste, BRZviO!@ted Section 72& 1 09(a) of the Board's Land Disposal Restrictions
Regulations, 35 111 . Adm. Code 72&109p)
.
17
31
By offering As wood waste to the St. Louis Transfer facility, which does not have
an USEPA identification number, BRZ violated Section 72Z122M) of the Board's Standards
Applicable to Generators of Hazardous Waste Regulations, 35 III . Adm. Code 722]12(C)
.
36
.
By failing to prepare a waste manifest for the wood waste, BRZ violated Section
72Z120y) of the Board's Standards Applicable to Generators of Hazardous Waste
Regulations, 35Ill. Adm. Code 72Z 12Q(a)aDdSediOnOO& 121 (b) of the Board's Special
Waste Classification Regulations, 35 III. Adm. Code 80U21(b)
.
37 .
By failing to send a written notice to the St . Louis Transfer facility, BRZ violated
Section 728.107(a)(2) of the Board's Land Disposal Restrictions Regulations, 35 111 . Adm. Code
72&107(8)(2) .
X
By disposing the wood wake at a site that does not meet the requirements of the
Act and regulations thereunder, BRZ violated Section 21 (e) of the Act, 415 ILCS 5/21
(e) .
39 .
By accepting waste from BRZ without a waste manifest in compliance with 35 111
.
Adm. Code 72Z 120 or Subpart E of 35 !U . Adm. Code 809, Midwest violated Section
721120(a) of the Board's Standards Applicable to Transporters of Hazardous Waste
Regulations, 35 111. Adm. Code 721120(a) and Section 801301 of the Boards Nonhazardous
Special Waste Hauling and the Undorm Program Regulations, 35 111 . Adm. Code 809.301
.
40 .
By conducting a hazardous waste transportation operation in violation of Board
Regulations, Midwest violated Section 21(g) of the Act, 415 ILCS 5/21(g) (2004)
.
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that this Board enter an Order against the Respondents, BIG RIVER ZINC CORPORATION
and ALLIED WASTE TRANSPORTATION, INC
.
PRAYER FOR RELIEF
d/b/a MIDWEST WASTE
:
18
A .
required to answer the allegations herein ;
herein ;
B
.
C
.
and associated regulations
;
D .
E .
F
.
Authorizing a hearing in this matter at which time the Respondents will be
Finding that the Respondents have violated the Act and regulations as alleged
Ordering Respondents to cyase and desist from zany further violations of the Act
Pursuant k)Section 42k3\Ofth8Act, 415!LC85/42(a)Q004\ .impose gcivil
penalty of not more than the statutory maximum
;
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), award the
Complainant its costs in this matter, including reasonable attorney's fees and costs ; and
Grant such other and further relief as the Board deems appropriate
.
Respectfully submitted,
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
OF COUNSEL
217/7O2-Q031
Dated
: ~~'/~~ 2-
~
PEOPLE {}FTHESTATE OFILLINOIS,
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
1 9
