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State of Illinois
POLLUTION CONTROL BOARD
JAMES R. THOMPSON CENTER
100 W. RANDOLPH STREET, SUITE 11-500
CHICAGO, ILLINOIS 60601
FORMAL COMPLAINT
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
THE THEODORE KOSLOFF TRUST
)
(As formed by the Irrevocable Agreement of )
Trust of Theodore Kosloff, dated )
December 6, 1989, for Rachel Kosloff and
)
Abigail Kosloff, a Pennsylvania trust)
)
Complainant,
)
v .
>
PCB
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(For Board use)
A&B WIREFORM CORPORATION
)
Respondent .
)
RECEIVED
CLERK'S OFFICE
MAY
- 3 2006
STATE OF ILLINOIS
Pollution Control Board
1
.
Complainant's name, street address, The Theodore Kosloff Trust
county, state :
c/o Sean Bezark
Greenberg Traurig, LLP
77 West Wacker Drive, Suite 2500
Chicago, IL 60601
Phone: (312) 476-5027
2
.
Place where Complainant can be
The Theodore Kosloff Trust
contacted during normal
c/o Sean Bezark
business hours (if different
Greenberg Traurig, LLP
from above) :
77 West Wacker Drive, Suite 2500
Chicago, IL 60601
Phone: (312) 476-5027
3
.
Name and address of Respondent
A&B Wireform Corporation
(alleged polluter) :
ATTN: Mr. Connor Creevy
7525 Industrial Drive
Forest Park, IL 60130
4 .
Describe the type of business or activity that Complainant alleges is causing or allowing
pollution (e.g., manufacturing company, home repair shop) and give the address of the
pollution source if different than the address above :
Respondent A&B Wireform Corporation maintains an exterior drum storage area in the
northwestern corner of its property, located at 7525 Industrial Drive, Forest Park, Illinois
(the "A&B Property"). The drum storage area is located along the property line, directly
adjacent to property formerly owned by The Theodore Kosloff Trust, located at 7609
Industrial Drive, Forest Park, Illinois ("the Trust Property"). Upon information and
belief, releases of hazardous
substances from 55-gallon drums and containers of
unknown substances in the drum storage area have migrated onto the Trust Property and
impacted soil. The Theodore Kosloff Trust has incurred investigation and remediation
costs to address the contamination migrating from the A&B Property, and suffered
diminution in the value of the Trust Property (as evidenced by a substantial concession in
the sale price of the Trust Property directly attributable to the contamination caused by
Respondent described herein) .
5
.
List specific sections of the Environmental Protection Act, Board regulations, Board
order, or permit that Complainant alleges have been or are being violated
:
Respondent A&B Wireform Corporation ("A&B") has violated and, upon information
and belief, continues to violate,
inter alia, sections 21 (d) and (e) of the Illinois
Environmental Protection Act (415 ILCS 5/21)
.
6.
Describe the type of pollution that Complainant alleges
(e.g., air, odor, noise, water,
sewer back-ups, hazardous waste) and the location of the alleged pollution
.
Hazardous substances consisting of,
inter alia, polycyclic aromatic hydrocarbons
("PAHs"),
migrated from the drum storage area on the A&B Property onto the
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immediately adjacent Trust Property, resulting in concentrations of PAHs in soil on the
Trust Property in excess of Illinois soil remediation objectives ("SROs")
.
7
.
Describe the duration and frequency of the alleged pollution
.
The pollution was first identified in a Phase I Environmental Site assessment of the Trust
Property, dated September 1, 2005, prepared by Bradburne, Briller and Johnson, LLC
("BB&J") .
On information and belief, A&B has stored chemicals and waste material in
the drum storage area in the northwest corner of the A&B Property for
an extended
period of time, and continues to do so, resulting in the release and migration of hazardous
substances onto the Trust Property as described above .
8 .
Describe any bad effects that Complainant believes the alleged pollution has or has had
on human health, on plant or animal life, on the environment, on the enjoyment of life or
property, or on any lawful business or activity
:
Contaminants migrating from the drum storage area at the A&B Property have impacted
soil on the A&B Property, as evidenced by staining beneath and around the drum storage
area. This contamination also has migrated onto the Trust Property, as was evidenced by
surficial staining extending from the drum storage area onto the Trust Property . A Phase
II Environmental Site Assessment, dated September 21, 2005, prepared by BB&J,
detected concentrations of PAHs in subsurface soil on the Trust Property, immediately
adjacent to the drum storage area on the A&B Property in excess of Illinois soil and
groundwater criteria for Class I Groundwater and commercial-industrial SROs
.
9
.
Describe the relief that Complainant seeks from the Board
(e.g., an order that the
respondent stop polluting, take pollution abatement measures, perform a cleanup,
reimburse cleanup costs, change its operation, or pay a civil penalty (note that the Board
cannot order the respondent to pay your attorney fees or any out-of-pocket expenses that
Complainant incurs by pursuing anenforcement action))
:
The Theodore Kosloff Trust seeks (1) reimbursement of costs it incurred to investigate
and remediate the described contamination caused by Respondent on the Trust Property,
(2) an order requiring respondent A&B to cease and desist its chemical and waste storage
practices in the northwest comer of its parking lot, and to conduct a subsurface
investigation and any required remediation in the vicinity of the drum storage area, and
(3) recovery of amounts lost as diminution in property value in a recent sale of the Trust
Property that resulted directly from the described contamination caused by Respondent
.
10 .
Identify any identical or substantially similar case Complainant knows of that is already
pending before the Board or in another forum against this respondent for the same alleged
pollution
:
None .
11
.
State whether Complainant is representing (a) itself as
an individual or (b) itself as an
unincorporated sole proprietorship. Also, state whether you are an attorney and, if so,
whether you are licensed and registered to practice law in Illinois . (Under Illinois law, an
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12
.
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association, citizens group, unit of local government, or corporation must be represented
before the Board by an attorney .
Also, an individual who is not an attorney cannot
represent another individual or other individuals before the Board
.
However,
an
individual who is not an attorney is allowed to represent (a) himself or herself as an
individual or (b) his or her unincorporated sole proprietorship, though the individual may
prefer having attorney representation .) :
The Irrevocable Agreement of Trust of Theodore Kosloff for Rachel Kosloff and Abigail
Kosloff dated December 6, 1989, is a Pennsylvania trust . I, Sean Bezark, am an attorney
licensed and registered to practice law in the State of Illinois
.
I am representing The
Theod e Kosloff Trust in this matter before the Board
.
(Complainan s signature) Sean Bezark, not personally, but solely as attorney for The
Theodore Kosloff Trust
CERTIFICATION
I, Sean
ezark, not personally, but solely as attorney for The Theodore Kosloff Trust, state that I
have re
the foregoing and that it is accurate to the best of my knowledge
.
Subscribed to and sworn before me
this 3`d day
of
y,2006
A1Ati
k
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A:;;~
otary Public
My commission expires :
I-/
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7
"OFFICIAL SEAL"
LeticiaGuerrero
Notary Public, State of Illinois
My Commuislan Exp'im Jan . 10. 2M
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NOTICE TO RESPONDENT
NOTE: THIS STATEMENT MUST BE INCLUDED IN THE SERVICE OF THE
FORMAL COMPLAINT ON THE RESPONDENT
INFORMATION FOR RESPONDENT RECEIVING FORMAL COMPLAINT
Please take notice that today I filed with the Clerk of the Illinois Pollution Control Board
(Board) a formal complaint, a copy of which is served on you along with this notice . You may
be required to attend a hearing on a date set by the Board
.
Information about the formal complaint process before the Board is found in the
Environmental Protection Act (Act) (415 ILCS 5/1
et seq.)
and the Board's procedural rules (35
Ill. Adm. Code 101 and 103). These can be accessed at the Board's Web site
(www.ipcb.state.il .us). The following is a summary of some of the most important points in the
Act and the Board's procedural rules . It is provided for general informational purposes only and
does not constitute legal advice or substitute for the provisions of any statute, rule, or regulation
:
Board Accepting Formal Complaint for Hearing; Motions
The Board will not accept this formal complaint for hearing if the Board finds that it is
either "duplicative" or "frivolous" within the meaning of Section 31(d) of the Act (415 ILCS
5/31(d)) and Section 101 .202 of the Board's procedural rules (35 Ill. Adm. Code 101 .202) .
"Duplicative" means that an identical or substantially similar
case
is already pending before the
Board or in court.
See
35 Ill. Adm. Code 103 .212(a) and item 10 of the formal complaint
.
"Frivolous" means that the formal complaint seeks relief that the Board does not have the
authority to grant, or fails to state a cause of action upon which the Board can grant relief . For
example, the Board has the authority to order a respondent to stop polluting and pay a civil
penalty, to implement pollution abatement measures, or to perform a cleanup or reimburse
cleanup costs. The Board does not have the authority, however, to award attorney fees to a
citizen complainant .
See
35 Ill. Adm. Code 103.212(a) and items 5 and 9 of the formal
complaint .
If you believe that this formal complaint is duplicative or frivolous, you may file a
motion with the Board, within 30 days after the date you were served with the complaint,
requesting that the Board not accept the complaint for hearing . The motion must state the facts
supporting your belief that the complaint is duplicative or frivolous. Memoranda, affidavits, and
any other relevant documents may accompany the motion. If you need more time than 30 days
to file a motion alleging that the complaint is duplicative or frivolous, you must file a motion for
an extension of time within 30 days after service of the complaint . A motion for an extension of
time must state why you need more time and the amount of additional time you need . Timely
filing a motion alleging that the complaint is duplicative or frivolous will stay the 60-day period
for filing an answer to the complaint.
See
35 Ill. Adm. Code 103 .204, 103 .212(b) .
All motions filed with the Board's Clerk must include an original, nine copies, and proof
of service on the other parties. Service may be made in person, by U .S. mail, or by messenger
service .
Mail service is presumed complete four days after mailing .
See
35 Ill. Adm. Code
101.300(c), 101 .302, 101.304 .
If you do not respond to the Board within 30 days after the date on which the complaint
was served on you, the Board may find that the complaint is not duplicative or frivolous and
accept the case for hearing. The Board will then assign a hearing officer who will contact you to
schedule times for telephone status conferences and for hearing .
See 35
Ill. Adm. Code
103.212(a) .
Answer to Complaint
You have the right to file an answer to this formal complaint within 60 days after you
receive the complaint . If you timely file a motion alleging that the complaint is duplicative or
frivolous, or a motion to strike, dismiss, or challenge the sufficiency of the complaint, then you
may file an answer within 60 days after the Board rules on your motion
.
See
35 Ill. Adm. Code
101.506, 103.204(d), (e), 103.212(b)
.
The Board's procedural rules require the complainant to tell you as respondent that :
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. 35 Ill .
Adm. Code 103.204(f) .
Necessity of an Attorney
Under Illinois law, an association, citizens group, unit of local government, or corporation
must be represented before the Board by an attorney. In addition, an individual who is not an
attorney cannot represent another individual or other individuals before the Board . However,
even if an individual is not an attorney, he or she is allowed to represent (1) himself or herself as
an individual or (2) his or her unincorporated sole proprietorship
.
See
35 Ill. Adm. Code
101 .400(a). Such an individual may nevertheless wish to have an attorney prepare an answer
and any motions or briefs, and present a defense at hearing
.
Costs
In defending against this formal complaint, you are responsible for your attorney fees,
duplicating charges, travel expenses, witness fees, and any other costs that you or your attorney
may incur. The Board requires no filing fee to file your answer or any other document with the
Board. The Board will pay any hearing costs
(e.g., hearing room rental, court reporting fees,
hearing officer expenses) .
If you have any questions, please contact the Clerk's Office at (312) 814-3629
.
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at the address below :
RESPONDENT'S ADDRESS
:
A&B Wireform Corporation
7525 Industrial Drive
Forest Park, Illinois 60130
My commission expires :
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CERTIFICATE OF SERVICE
I, the undersigned, on oath or affirmation, state that on May 3, 2006, I served the attached formal
complaint and notice on the respondent by: (check appropriate line)
certified mail (attach copy of receipt if available, otherwise you must file
receipt later with Clerk)
registered mail (attach copy of receipt if available, otherwise
you must file receipt later with Clerk)
messenger service (attach copy of receipt if available, otherwise you must
file receipt later with Clerk)
personal service (attach affidavit if available, otherwise you
must file affidavit later with Clerk)
1'
"-
LA ~
A~t~
Sean W. Bezark
Greenberg Traurig, LLP
77 West Wacker Drive, Suite 2500
Chicago, Illinois 60601
Subscribed to and sworn before me
this 3rd day
May, 2006 .
/-/0 -()
7
"OFFICIAL SEAL"
Leticia Guerrero
Notary Public, State of Illinois
My Cammiuion Expires Jan . 10, 2007
THE THEODORE KOSLOFF TRUST
(As formed by the Irrevocable Agreement of
Trust of Theodore Kosloff, dated
December 6, 1989, for Rachel Kosloff and
Abigail Kosloff, a Pennsylvania trust)
Complainant,
V .
A&B WIREFORM CORPORATION
Respondent
.
I hereby file my appearance in this proceeding, on behalf of THE THEODORE KOSLOFF
TRUST (As formed by the Irrevocable Agreement of Trust of Theodore Kosloff, dated
Dece her 6
89, for Rachel Kosloff and Abigail Kosloff, a Pennsylvania trust)
APPEARANCE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
MAY - 3 2006
STATE OF ILLINOIS
Pollution Control Board
Sean Bezar
Greenberg raurig
77 West Wacker Drive, Suite 2500
Chicago, Illinois 60601
(312) 476-5027
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