Lisa Madigan
A'II'ORNEYGENERAL
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,
Michael D . Mankowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
MDM/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, Carbondale, Illinois 62901 • (618) 529-6400 •
TTY: (618) 529-6403 • Fax : (618) 529-6416
RECEIVEDCLERK'S
OFFICE
JUN 0 2 2006
Pollution
STATE OF
Control
ILLINOISBoard
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
May 31, 2006
P 43
c)(,)-
m I
Re :
People v. Quad-County Ready Mix Corporation
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDUN
0
2
2006
STATE OF ILLINOIS
PEOPLE OF THE STATE OF
)
Pollution Control Board
ILLINOIS,
)
Complainant,
)
vs .
)
PCB No . Gp "' I
(Enforcement)
QUAD-COUNTY READY MIX
)
CORPORATION, an Illinois corporation, )
Respondent .
)
NOTICE OF FILING
To:
Quad-County Ready Mix Corporation
c/o Herbert J . Hustedde, R.A.
P .O. Box 158
300 West 12`
h Avenue,
Okawville, 62271-0158
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a COMPLAINT, a copy of which is attached hereto and
herewith served upon you
. Failure to file an answer to this Complaint within 60 days may have
severe consequences
. Failure to answer will mean that all allegations in this Complaint will be
taken as if admitted for purposes of this proceeding
. If you have any questions about this
procedure, you should contact the hearing officer assigned to this proceeding, the Clerk's Office
or an attorney .
1
FURTHER,
please take notice that financing may be available, through the Illinois
Environmental Facilities Financing Act, 20 ILLS 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
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
%c
t
J/
~6l~
MICHAEL D. MANKOWSKI
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : May 31, 2006
2
CERTIFICATE OF SERVICE
I hereby certify that I did on May 31, 2006, send by certified mail, with postage thereon
fully prepaid, by depositing in a United States Post Office Box a true and correct copy of the
following instruments entitled NOTICE OF FILING, ENTRY OF APPEARANCE and
COMPLAINT :
To:
Quad-County Ready Mix Corporation
c/o Herbert J . Hustedde, R .A.
P
.O
. Box 158
300 West 12` h Avenue,
Okawville, 62271-0158
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
Michael D . Mankowski
Assistant Attorney General
This filing is submitted on recycled paper
.
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN 0
2
2006
PEOPLE OF THE STATE OF
)
ILLINOIS,
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
vs.
)
PCB No .
O CJ -
1 % J
(Enforcement)
QUAD-COUNTY READY MIX
)
CORPORATION, an Illinois corporation, )
Respondent .
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, MICHAEL D .
MANKOWSKI, Assistant Attorney General of the State of Illinois, hereby enters his appearance as
attorney of record .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY :
j=1+'~ ~ ~~~D 2a
.
MICHAEL D . MANKKOWSKI
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : May 31, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOAI&ERK'S
RECEIVEDOFFICE
JUN 0 2 2006
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
v.
)
PCB No.
(Enforcement)
QUAD-COUNTY READY MIX CORPORATION, )
an Illinois corporation,
)
Respondent .
)
COMPLAINT
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 Respondent, QUAD-COUNTY READY MIX
CORPORATION, an Illinois corporation, as follows :
COUNTI
NOTIFICATION AND FEE PAYMENT VIOLATIONS
1 .
This count is brought on behalf of the People of the State of Illinois, by 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 Section 31 of the
Illinois Environmental Protection Act ("the Act"), 415 ILCS 5/31 (2004)
.
2.
The Illinois EPA is an agency of the State of Illinois created by the Illinois
General Assembly in Section 4 of the Act, 415 ILCS 5/4 (2004), and charged, inter alia,
with the
duty of enforcing the Act .
3.
The Respondent, Quad-County Ready Mix Corporation, ("Quad Co .") is an
Illinois corporation in good standing . Quad Co
. has at all times relevant to this Complaint
owned and operated a concrete ready mix plant located at 300 Old Fullerton, Swansea, St .
Clair County, Illinois ("Site") . The registered agent for Quad Co . is Herbert J . Hustedde, P .O.
Box 158, 300 West 12'hAvenue, Okawville, 62271-0158
.
4.
Section
9
.1(d)(1) of the Act, 415 ILCS 5/9 .1(d)(1) (2004), provides as follows :
No person shall :
(1) violate any provisions of Sections 111, 112, 165 or 173 of the Clean
Air Act, as now or hereafter amended, or federal regulations adopted
pursuant thereto ;
5 .
The regulations on National Emission Standards for Hazardous Air Pollutants
("NESHAP") for asbestos, 40 CFR Part 61, Subpart M, were adopted pursuant to Section 112
of the Clean Air Act, 42 USC §7412 . Asbestos is regulated as a hazardous air pollutant
because it is a carcinogen
. Regulated asbestos-containing materials ("RACM") contain more
than one percent asbestos and are generally "friable," which means such materials, when dry,
can be crumbled, pulverized, or reduced to powder by hand pressure .
6.
40 CFR §61 .145 provides in pertinent part as follows :
Standard for demolition and renovation
.
(a) Applicability
.
To determine which requirements of paragraphs (a), (b),
and (c) of this section apply to the owner or operator of a demolition or
renovation activity and prior to the commencement of the demolition or
renovation, thoroughly inspect the affected facility or part of the facility
where the demolition or renovation operation will occur for the presence
of asbestos, including Category I and Category II nonfriable ACM . The
requirements of paragraphs (b) and (c) of this section apply to each
owner or operator of a demolition or renovation activity, including the
removal of RACM as follows :
(1)
In a facility being demolished, all the requirements of
paragraphs (b) and (c) of this section apply, except as provided
in paragraph (a)(3) of this section, if the combined amount of
RACM is
(i)
At least 80 linear meters (260 linear feet) on pipes or at
least 15 square meters (160 square feet) on other facility
components, or
2
(ii)
At least 1 cubic meter (35 cubic feet) off facility
components where the length or area could not be
measured previously .
(2)
In a facility being demolished, only the notification requirements
of paragraphs (b)(1), (2), (3)(i) and (iv), and (4)(i) through (vii)
and (4)(ix) and (xvi) of this section apply, if the combined
amount of RACM is
(i)
Less than 80 linear meters (260 linear feet) on pipes and
less than 15 square meters (160 square feet) on other
facility components, and
(ii)
Less than one cubic meter (35 cubic feet) off facility
components where the length or area could not be
measured previously or there is no asbestos .
h
b)
Notification requirements . Each owner or operator of a demolition or
renovation activity to which this section applies shall :
(1) Provide the Administrator with written notice of intention to
demolish or renovate . Delivery of the notice by U .S
. Postal
Service, commercial delivery service, or hand delivery is
acceptable .
7.
40 CFR §145(c) provides in pertinent part as follows:
(c) Procedures for asbestos emission control
. Each owner or operator of
a demolition or renovation activity to whom this paragraph applies,
according to paragraph (a) of this section, shall comply with the following
procedures :
(1)
Remove all RACM from a facility being demolished or renovated
before any activity begins that would break up, dislodge, or
similarly disturb the material or preclude access to the material for
subsequent removal . RACM need not be removed before
demolition if:
(i)
It is Category I nonfriable ACM that is not in poor condition
and is not friable .
(ii)
It is on a facility component that is encased in concrete or
other similarly hard material and is adequately wet
whenever exposed during demolition
; or
3
(6)
(iii)
It was not accessible for testing and was, therefore, not
discovered until after demolition began and, as a result of
the demolition, the material cannot be safely removed . If
not removed for safety reasons, the exposed RACM and
any asbestos-contaminated debris must be treated as
asbestos-containing waste material and adequately wet at
all times until disposed of .
(iv) They are Category II nonfriable ACM and the probability is
low that the materials will become crumbled, pulverized, or
reduced to powder during demolition .
For all RACK including material that has been removed or
stripped :
(i)
Adequately wet the material and ensure that it remains wet
until collected and contained or treated in preparation for
disposal in accordance with §61 .150 ; and
(ii)
Carefully lower the material to the ground and floor, not
dropping, throwing, sliding, or otherwise damaging or
disturbing the material .
(iii)
Transport the material to the ground via leak-tight chutes
or containers if it has been removed or stripped more than
50 feet above ground level and was not removed as units
or in sections .
(iv)
RACM contained in leak-tight wrapping that has been
removed in accordance with paragraphs (c)(4) and
(c)(3)(i)(B)(3) of this section need not be wetted .
8.
40 CFR §61
.150 provides in pertinent part as follows :
§ 61
.150 Standard for waste disposal for manufacturing, fabricating, demolition,
renovation, and spraying operations .
Each owner or operator of any source covered under the provisions of §§61
.144,
61 .145, 61 .146, and 61
.147 shall comply with the following provisions :
(b)
All asbestos-containing waste material shall be deposited as soon
as is practical by the waste generator at :
4
(1)
A waste disposal site operated in accordance with the
provisions of §61 .154, or
(2)
An EPA-approved site that converts RACM and
asbestos-containing waste material into nonasbestos
(asbestos-free) material according to the provisions of
§61 .155 .
(3)
The requirements of paragraph (b) of this section do not
apply to Category I nonfriable ACM that is not RACM
.
9.
Section 9 .13(b) of the Act, 415 ILCS 5/9 .13(b)(2004), provides as follows:
Sec. 9.13 . Asbestos fees .
(b)
If demolition or renovation of a site has commenced without proper filing
of the 10-day Notice, the fee is double the amount otherwise due . This
doubling of the fee is in addition to any other penalties under this Act, the
federal NESHAP, or otherwise, and does not preclude the Agency, the
Attorney General, or other authorized persons from pursuing an
enforcement action against the owner or operator for failure to file a
10-day Notice prior to commencing demolition or renovation activities .
10 .
On a date prior to September 28, 2004, and better known to the Respondent, the
Respondent commenced demolition activities at the Site, including knocking down a batch
house covered with transite panels . The Respondent was simultaneously constructing a new
batch house in the demolition area . The demolition activities disturbed the transite panels
which contained more than one (1) percent asbestos . The Site is a "facility" and the
Respondent is an "owner" and "operator" of a "demolition" as these terms are defined at 40
CFR §61 .141 .
11 . On September 28, 2004, the Illinois EPA inspected the facility in response to a
citizen complaint alleging improper asbestos removal, and observed a substantial amount of
suspect transite panel debris within and on the ground adjacent to the batch house
5
demolition/construction area . The debris was crushed, dry, and friable waste material
suspected to contain asbestos . In some cases the removed transite panels were deposited on
the ground and pulverized by passing trucks .
12 .
Approximately ten (10) percent of the demolition/construction
area was covered
in poured concrete, from which inspectors observed pieces of transite protruding .
13.
In total, the inspectors estimated that approximately
fifteen hundred (1500)
square feet of transite material had been improperly removed and deposited on the ground .
14.
The inspectors obtained three (3) samples of dry, friable transite from the Site
.
15.
Analytical testing of these materials revealed the presence of more than one
percent asbestos . The renovation activity is subject to NESHAP requirements and work
practices as the quantity of RACM was greater than fifteen
(15) square meters (160 square
feet) .
16 .
The Respondent did not submit any written notification of the demolition activity
to the Illinois EPA .
17 .
The Respondent did not conduct a thorough inspection of the facility to
determine the presence of asbestos-containing materials
(including Category I and II nonfriable
ACM) prior to commencing renovation activities that would
break, dislodge or similarly disturb
the material, thereby violating Section 9.1(d)(1) of the Act, 415 ILCS 5/9
.1(d) (2004), and 40
CFR §61 .145(a) .
18.
The owner and operator of a demolition activity subject to the NESHAP for
asbestos is required by 40 CFR §61
.145(b)(1) to provide to the Illinois EPA notification of
renovation activity at least 10 working days prior to commencing
such activity . The Respondent
did not provide written notification to the Illinois EPA prior to the commencement of demolition
6
activities at the facility, thereby violating 40 CFR §61
.145(b)(1) and Section 9
.1(d) of the Act,
415 ILCS 5/9
.1(d) (2004) .
19.
The Defendant has not paid the doubled statutory fee of three hundred dollars
($300 .00) required by Section 9
.13(b) of the Act, 415 ILLS 5/9 .13(b) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, the Complainant, the People of the State of Illinois, respectfully requests
that the Board grant the following relief
:
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 Sections 9
.1(d) & 9.13(b)
of the Act, 415
ILLS 5/9
.1(d) & 9
.13(b) (2004), 40 CFR §61 .145(a), (b),
and 40 CFR §61 .150 ;
C.
Ordering the Respondent to cease and desist from any further violations of
Sections 9
.1(d) & 9.13(b) of the Act, 415 ILLS 5/9
.1(d) & 9
.13(b) (2004), 40 CFR §61
.145(a),
(b), and 40 CFR §61
.150 ;
D.
Ordering the Respondent to pay the statutory fee of three hundred dollars
($300
.00) required by Section 9
.13(b) of the Act, 415 ILLS 5/9
.13(b) (2004) ;
E.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000
.00) against
Respondent for each violation of the Act and pertinent Board regulations, with an additional
penalty of Ten Thousand Dollars ($10,000
.00) per day for each day that the violations
continued ;
F.
Taxing all costs in this action, including expert witness, consultant and attorneys
fees, against Respondent
; and
G .
Granting such other relief as the Board deems appropriate and just
.
7
COUNT II
FAILURE TOFOLLOW
PROPER EMISSION CONTROL PROCEDURES
1-14 .
Complainant realleges and incorporates herein by reference paragraphs 1
through 8 and 10 through 15 of Count I as paragraphs 1 through 14 of this Count II .
15.
The Respondent did not remove all RACM from the facility before any activity
began that would break up, dislodge, or similarly disturb the material or preclude access to the
material for subsequent removal in violation of Section 9
.1(d) of the Act, 415 ILCS 5/9 .1(d)
(2004), and 40 CFR §61
.145(c)(1) .
16 .
The Respondent failed to adequately wet and keep wet all RACM removed
during renovation activities until collected and contained in leak-tight wrapping in preparation for
disposal, in violation of Section 9
.1(d) of the Act, 415 ILCS 9.1(d) (2004), and 40 CFR
§61
.145(c)(6) .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, the People of the State of Illinois, respectfully requests
that the Board grant the following relief
:
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 Section 9 .1(d) of the Act, 415 ILCS
5/9.1(d) (2004) and 40 CFR §61 .145(c);
C.
Ordering the Respondent to cease and desist from any further violations of
Section 9 .1(d) of the Act, 415 ILCS 5/9
.1(d) (2004) and 40 CFR §61 .145(c) ;
D .
Assessing a civil penalty of Fifty Thousand Dollars ($50,000 .00) against
Respondent for each violation of the Act and pertinent Board regulations, with an additional
8
penalty of Ten Thousand Dollars ($10,000 .00) per day for each day that the violations continued
;
E .
Taxing all costs in this action, including expert witness, consultant and attorneys
fees, against Respondent ; and
F.
Granting such other relief as the Board deems appropriate and just
.
COUNTIII
IMPROPER DISPOSAL OF REGULATED ASBESTOS CONTAINING MATERIALS
1-14
. Complainant realleges and incorporates herein by reference paragraphs 1
through 8 and 10 through 15 of Count I as paragraphs 1 through 14 of this Count 111
.
15. The Respondent failed to deposit as soon as practicable all regulated asbestos-
containing waste material at a site permitted to accept such waste, in violation of Section 9
.1(d)
of the Act, 415 ILCS 9 .1(d) (2004), and 40 CFR §61
.150(b)(1).
16 .
The Respondent failed to adequately wet all regulated asbestos-containing
waste material during handing and collection, failed to seal all RACM waste in leak tight
containers, and failed to label the containers using warning labels as prescribed by the
NESHAP for asbestos, in violation of Section 9 .1(d) of the Act, 415 ILCS 9 .1(d) (2004), and 40
CFR §61 .150(a)(1) .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, the People of the State of Illinois, respectfully requests
that the Board grant the following relief :
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 Section 9
.1(d) of the Act, 415 ILCS
5/9 .1(d) (2004), and 40 CFR §61 .150;
9
C.
Ordering the Respondent to cease and desist from any further violations of
Section 9.1(d) of the Act, 415 ILCS 5/9.1(d) (2004), and 40 CFR §61 .150;
D.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000 .00) against
Respondent for each violation of the Act and pertinent Board regulations, with an additional
penalty of Ten Thousand Dollars ($10,000 .00) per day for each day that the violations
continued;
E.
Taxing all costs in this action, including expert witness, consultant and attorneys
fees, against Respondent ; and
F.
Granting such other relief as the Board deems appropriate and just .
COUNT IV
AIR POLLUTION VIOLATIONS
1-21 . Complainant realleges and incorporates herein by reference paragraphs 1
through 8 and 10 through 18 of Count I, paragraphs 15 and 16 of Count II and paragraphs 15
and 16 of Count III as paragraphs 1 through 21 of this Count IV .
22.
Section 9(a) of the Act, 415 ILCS 5/9(a) (2004), provides :
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 ;
23 .
Section 201
.141 of the Board's Air Pollution Regulations, 35 III . Adm . Code
201 .141, provides :
No person shall cause or threaten or allow the discharge or
emission of any contaminant into the environment in any State so
as, either alone or in combination with contaminants from other
10
definition :
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 .
24.
Section 3 .115 of the Act, 415 ILCS 3 .115 (2004), provides the following
'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 .
25.
By failing to adequately wet and keep wet all RACM removed during demolition
activities until collected and contained in leak-tight wrapping in preparation for disposal, to
utilize equipment or methods to properly control the emission of asbestos, and to deposit as
soon as practicable all regulated asbestos-containing waste material at a site permitted to
accept such waste, the Respondent has threatened the emission of contaminants into the
environment so as to tend to cause air pollution and thereby violated Section 9(a) of the Act,
415 ILCS 5/9(a) (2004), and Section 201 .141 of the Board's Air Pollution Regulations, 35 III .
Adm . Code 201
.141 .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, the People of the State of Illinois, respectfully requests
that the Board grant the following relief
:
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 Section 9(a) of the
Act, 415 ILCS 5/9(a)
(2004), and 35 III . Adm . Code 201 .141 ;
C.
Ordering the Respondent to cease and desist from any further
violations of
Section 9(a) of the Act, 415 ILCS 5/9(a) (2004), and 35 III. Adm . Code 201 .141
;
11
D.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000 .00) against
Respondent for each violation of the Act and pertinent Board regulations, with an additional
penalty of Ten Thousand Dollars ($10,000 .00) per day for
each day that the violations
continued;
E.
Taxing all costs in this action, including expert witness, consultant and attorneys
fees, against Respondent ; and
F.
Granting such other relief as the Board deems appropriate and just
.
COUNTV
OPEN DUMPING
1-3
Complainant realleges and incorporates herein by reference paragraphs 1
through 3 of Count I as paragraphs 1 through 3 of this Count V .
4.
Section 21 of the Act, 415 ILCS 5/21 (2004), provides, in pertinent part, as
follows :
No person shall :
a .
Cause or allow the open dumping of any waste .
e .
Dispose, treat, store, or abandon any waste, or transport any
waste into this State for disposal, treatment, storage or
abandonment, except at a site or facility which meets the
requirements of this Act and of regulations and standards there
under .
p.
In violation of subdivision (a) of this Section,
cause or allow the
open dumping of any waste in a manner which results in any
of
the following occurrences at the dump site :
1 .
Litter ;
4.
Deposition of waste in standing or flowing waters ;
12
definition
:
definition :
the following:
7.
Deposition of :
(i) general construction or demolition debris as defined in
Section 3 .160(a) of this Act ; or
(ii)clean construction or demolition debris as defined in
Section 3 .160(b) of this Act .
5.
Section 3 .305 of the Act, 415 ILCS 5/3 .305 (2004), provides the following
"OPEN DUMPING" means the consolidation of refuse from one or more sources
at a disposal site that does not fulfill the requirements of a sanitary landfill .
6 .
Section 3 .445 of the Act, 415 ILCS 5/3
.445 (2004), provides the following
"SANITARY LANDFILL" means a facility permitted by the Agency for the
disposal of waste on land meeting the requirements of the Resource
Conservation and Recovery Act, P .L
. 94-580, and regulations thereunder, and
without creating nuisances or hazards to public health or safety, by confining the
refuse to the smallest practical volume and covering it with a layer of earth at the
conclusion of each day's operation, or by such other methods and intervals as
the Board may provide by regulation .
F1ti
7.
Section 3 .535 of the Act, 415 ILCS 5/3 .535 (2004), provides, in pertinent part,
"WASTE" means any garbage, sludge from a waste treatment plant, water
supply treatment plant, or air pollution control facility or other discarded material,
including solid, liquid, semi-solid, or contained gaseous material resulting from
industrial, commercial, mining and agricultural operations, and from community
activities, but does not include solid or dissolved material in domestic sewage, or
solid or dissolved materials in irrigation return flows, or coal combustion
by-products as defined in Section 3
.135, or industrial discharges which are point
sources subject to permits under Section 402 of the Federal Water Pollution
Control Act, as now or hereafter amended, or source, special nuclear, or
by-product materials as defined by the Atomic Energy Act of 1954, as amended
(68 Stat . 921) or any solid or dissolved material from any facility subject to the
Federal Surface Mining Control and Reclamation Act of 1977 (P
.L. 95-87) or the
13
the following :
rules and regulations thereunder or any law or rule or regulation adopted by the
State of Illinois pursuant thereto .
8.
Section 3
.160 of the Act, 415 ILCS 5/3 .160 (2004), provides, in pertinent part,
(a)
"GENERAL CONSTRUCTION OR DEMOLITION DEBRIS" means
non-hazardous, uncontaminated materials resulting from the
construction, remodeling, repair, and demolition of utilities,
structures, and roads, limited to the following : bricks, concrete,
and other masonry materials ; soil; rock ; wood, including non-
hazardous painted, treated, and coated wood and wood products ;
wall coverings ; plaster; drywall
; plumbing fixtures
; non-asbestos
insulation ; roofing shingles and other roof coverings ; reclaimed
asphalt pavement ; glass ; plastics that are not sealed in a manner
that conceals waste
; electrical wiring and components containing
no hazardous substances ; and piping or metals incidental to any
of those materials .
General construction or demolition debris does not include
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads provided
the uncontaminated soil is not commingled with any general
construction or demolition debris or other waste .
(b)
"CLEAN CONSTRUCTION OR DEMOLITION DEBRIS" means
uncontaminated broken concrete without protruding metal bars, bricks,
rock, stone, reclaimed asphalt pavement, or soil generated from
construction or demolition activities .
Clean construction or demolition debris does not include uncontaminated
soil generated during construction, remodeling, repair, and demolition of
utilities, structures, and roads provided the uncontaminated soil is not
commingled with any clean construction or demolition debris or other
waste .
9.
On a date prior to September 28, 2004, and better known to the Respondent, the
Respondent stacked approximately forty (40) tires next to a storage shed located at the Site,
some of which contained water .
14
10
.
On a date prior to September 28, 2004, and better known to the Respondent,
Respondent caused or allowed the accumulation of one-half acre of spent concrete, water, and
fill material in the area behind the storage shed .
11 .
On or before September 28, 2004, and continuing through at least June 6, 2005,
the Respondent has caused or allowed the open dumping of waste at a disposal site upon its
property through the consolidation of refuse.
12.
By causing or allowing the open dumping of waste, the Respondent has violated
Section 21 (a) of the Act, 415 ILCS 5/21 (a) (2004).
13 .
On or before September 28, 2004, and continuing through at least June 6, 2005,
the Respondent has disposed, abandoned or stored waste at a site upon its property, or
transported waste for disposal or storage to a site upon its property, and such site does not
meet the requirements of the Act and of the standards and regulations promulgated thereunder
.
14 . By disposing, abandoning, or storing or transporting waste at or to a site which
does not meet the requirements of the Act and of the standards and regulations promulgated
thereunder, the Respondent has violated Section 21(e) of the Act, 415 ILCS 5/21(e) (2004)
.
15.
On or before September 28, 2004, and continuing through at least June 6, 2005,
the Respondent has caused or allowed the open dumping of waste in a manner which has
resulted in litter
.
16.
By causing or allowing the open dumping of waste in a manner which has
resulted in litter at or from the dump site, the Respondent has violated Section 21(p)(1) of the
Act, 415 ILCS 5/21(p)(1) (2004)
.
17.
On or before September 28, 2004, and continuing through at least June 6, 2005,
the Respondent has caused or allowed the open dumping of waste in a manner which has
resulted in the deposition of waste in standing or flowing waters .
15
18.
By causing or allowing the open dumping of waste in a manner which has
resulted in the deposition of waste in standing or flowing waters, the Respondent has violated
Section 21 (p)(4) of the Act, 415 ILCS 5/21 (p)(4) (2004) .
19.
On or before September 28, 2004, and continuing through at least June 6, 2005,
the Respondent has caused or allowed the open dumping of waste in a manner which has
resulted in the deposition of both general and clean construction or demolition debris .
20 . By causing or allowing the open dumping of waste in a manner which has
resulted in the deposition of both general and clean construction or demolition debris, the
Respondent has violated Section 21 (p)(7) of the Act, 415 ILCS 5/21 (p)(7) (2004) .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, the People of the State of Illinois, respectfully requests
that the Board grant the following relief :
A.
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein ;
B.
Finding that Respondent has caused or allowed violations of Sections 21(a), (e)
and (p) of the Act, 415 ILCS 5/21(a), (e), and (p) (2004) ;
C .
Ordering the Respondent to cease and desist from any further violations of
Sections 21(a), (e) and (p) of the Act, 415 ILCS 5/21(a), (e), and (p) (2004)
;
D .
Assessing a civil penalty of Fifty Thousand Dollars ($50,000 .00) against
Respondent for each and every violation of the Act and pertinent regulations, with an additional
penalty of Ten Thousand Dollars ($10,000 .00) per day for each day of violation ;
E .
Ordering Respondent to pay all costs, including attorney, expert witness and
consultant fees expended by the State in its pursuit of this action ; and
F .
Granting such other relief as the Board deems appropriate and just .
16
COUNT VI
OPEN BURNING
1-5
Complainant realleges and incorporates herein by reference paragraphs 1
through 3 of Count I and paragraphs 5 and 7 of Count V as paragraphs 1 through 5 of this
Count VI .
6.
Section 9(c) of the Act, 415 ILCS 5/9(c) (2004), provides, in pertinent part, as
follows:
No person shall :
(c) Cause or allow the open burning of refuse, conduct any salvage operation by
open burning, or cause or allow the burning of any refuse in any chamber not
specifically designed for the purpose and approved by the Agency pursuant to
regulations adopted by the Board under this Act ; except that the Board may
adopt regulations permitting open burning of refuse in certain cases upon a
finding that no harm will result from such burning, or that any alternative method
of disposing of such refuse would create a safety hazard so extreme as to justify
the pollution that would result from such burning ;
7.
Section 21 of the Act, 415 ILCS 5/21 (2004), provides, in pertinent part, as
follows:
definition :
No person shall :
P.
In violation of subdivision (a) of this Section, cause or allow the
open dumping of any waste in a manner which results in any of
the following occurrences at the dump site :
3.
Open burning ;
8.
Section 3 .300 of the Act, 415 ILCS 5/3
.300 (2004), provides the following
"OPEN BURNING" is the combustion of any matter in the open or in an open
dump .
17
9 .
On a date prior to September 28, 2004, and better known to the Respondent,
Respondent burned residential waste, cans, insulation, glass bottles, cardboard, wood and
landscape waste in a burn pile approximately thirty (30) feet by twenty (20) feet surrounded by
standing water located behind a storage shed located on the Site
. In doing so, the Respondent
has caused or allowed the open burning of refuse upon its property in violation of Section 9(c)
of the Act, 415 ILCS 5/9(c) (2004)
10
.
On or before September 28, 2004, and continuing through at least June 6, 2005,
the Respondent has caused or allowed the open dumping of waste in a manner which has
resulted in open burning in violation of Section 21(p)(3) of the Act, 415 ILCS 5121(p)(3) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, the Complainant, the People of the State of Illinois, respectfully requests
that the Board grant the following relief :
A.
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein ;
B .
Finding that Respondent has caused or allowed violations of Section 9(c) of the
Act, 415 ILCS 5/9(c) (2004), and Section 21 (p)(3)
of the Act, 415 ILCS 5/21(p)(3) (2004) ;
C.
Ordering the Respondent to cease and desist from any further violations of
Section 9(c) of the Act, 415 ILCS 5/9(c) (2004), and Section 21 (p)(3)
of the Act, 415 ILCS
5/21(p)(3) (2004)
;
D .
Assessing a civil penalty of Fifty Thousand Dollars ($50,000
.00) against
Respondent for each and every violation of the Act and pertinent regulations, with an additional
penalty of Ten Thousand Dollars ($10,000
.00) per day for each day of violation
;
E.
Ordering Respondent to pay all costs, including attorney, expert witness and
18
consultant fees expended by the State in its pursuit of this action
; and
F.
Granting such other relief as the Board deems appropriate and just
.
COUNT VII
WATER POLLUTION
1-3
Complainant realleges and incorporates herein by reference paragraphs 1
through 3 of Count I as paragraphs 1 through 3 of this Count VII .
4 .
Section 12 of the Act, 415 ILCS 5/12 (2004), provides, in pertinent part, as
follows :
5.
follows :
6 .
follows :
No person shall :
a .
Cause or threaten or allow the discharge of any
contaminants into the environment in any State so as to
cause or tend to cause water pollution in Illinois, either
alone or in combination with matter from other sources, or
so as to violate regulations or standards adopted by the
Pollution Control Board under this Act ;
Section 3 .165 of the Act, 415 ILCS 5/3
.165 (2004), defines "contaminant" as
"CONTAMINANT" is any solid, liquid, or gaseous matter, any
odor, or any form of energy, from whatever source .
Section 3 .545 of the Act, 415 ILCS 5/3
.545 (2004), defines "water pollution" as
"WATER POLLUTION" is such alteration of the physical, thermal,
chemical, biological or radioactive properties of any waters of the
State, or such discharge of any contaminant into any waters of the
State, as will or is likely to create a nuisance or render such
waters harmful or detrimental or injurious to public health, safety
or welfare, or to domestic, commercial, industrial, agricultural,
recreational, or other legitimate uses, or to livestock, wild animals,
birds, fish or other aquatic life .
19
7
.
Section 3
.550 of the Act, 415 ILCS 5/3 .550 (2004), defines "waters" as follows :
'WATERS' means all accumulations of water, surface and
underground, natural, and artificial, public and private, or parts
thereof, which are wholly or partially within, flow through, or border
upon this State .
8 .
Illinois EPA inspectors returned to the Site on September 29, 2004
. At this time,
Quad Co. was unable to produce the required storm water permit, storm water pollution
prevention plan ("SWPPP"), and inspection records .
9 .
Subsequently, the Illinois EPA determined that permit ILR003761 was issued to
the previous owner, but had not been transferred into Quad Co
.'s name .
10. On January 24, 2006, the Illinois EPA re-inspected the facility to determine
whether Quad Co . was complying with its storm water permit (i
.e.,
a current and complete
SWPPP with the necessary inspection, maintenance, and training records) .
11 .
Quad Co. was unable to produce a SWPPP .
12 .
An Illinois EPA inspector returned on January 26, 2006, at which time Quad Co .
produced the SWPPP. The plan was last revised on July 1, 1999, and lacked much of the
required information . Specifically, the plan was lacking employee training records, a copy of the
general storm water permit, a complete and accurate site map, and completed annual
inspection forms .
13.
From at least September of 2004, and continuing to the date this Complaint is
filed, the Respondent caused or allowed the discharge of contaminants into the environment by
allowing wash water to enter a wooded area containing a creek
. In so doing, the Respondent
has caused water pollution and thereby has violated Section 12(a) of the Act, 415 ILCS 5/12(a)
(2004) .
20
PRAYER FOR RELIEF
WHEREFORE, the Complainant, the People of the State of Illinois, respectfully requests
that the Board grant the following relief :
A.
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein ;
B.
Finding that Respondent has caused or allowed violations of Sections 12(a) and
(d) of the Act, 415 ILCS 5/12(a) and (d) (2004) ;
C .
Ordering the Respondent to cease and desist from any further violations of
Sections 12(a) and (d) of the Act, 415 ILCS 5/12(a) and (d) (2004)
;
D .
Assessing a civil penalty of Fifty Thousand Dollars ($50,000
.00) against
Respondent for each and every violation of the Act and pertinent regulations, with an additional
penalty of Ten Thousand Dollars ($10,000.00) per day for each day of violation
;
E.
Ordering Respondent to pay all costs, including attorney, expert witness and
consultant fees expended by the State in its pursuit of this action
; and
F .
Granting such other relief as the Board deems appropriate and just
.
COUNT VIII
NPDES PERMIT VIOLATIONS
: UNLAWFUL DISCHARGES
1-12
Complainant realleges and incorporates by reference paragraphs 1 through 12
of Count VII as paragraphs I through 12 of this Count VIII
.
13 .
Section 12(f) of the Act, 415 ILCS 5/12(f) (2004), provides, in pertinent part, as
follows:
No person shall
:
f.
Cause, threaten or allow the discharge of any contaminant
into the waters of the State, as defined herein, including
21
but not limited to, waters to any sewage works, or into any
well or from any point source within the State, without an
NPDES permit for point source discharges issued by the
Agency under Section 39(b) of this Act, or in violation of
any term or condition imposed by such permit, or in
violation of any NPDES permit filing requirement
established under Section 39(b), or in violation of any
regulations adopted by the Board or of any order adopted
by the Board with respect to the NPDES program
.
14.
Illinois is a state with delegated responsibility to enforce the Clean Water Act (33
U.S .C
. 1251 et se-c . (1993)) and its regulations
. The Illinois EPA, pursuant to Section 39(b) of
the Act, 415 ILCS 5/39(b) (2004), may issue National Pollutant Discharge Elimination System
("NPDES") permits containing effluent limitations for the discharge of contaminants into
navigable waters on behalf of the State of Illinois
. The Illinois EPA is also charged with the duty
to enforce and abate violations of the NPDES permit program
.
15 .
By failing to maintain a SWPPP required by the NPDES permit at the facility, the
Respondent has violated Section 12(f) of the Act, 415 ILCS 5/12(f) (2004), NPDES Permit No
.
ILR003761 .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, the People of the State of Illinois, respectfully requests
that the Board grant the following relief :
A.
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein ;
B.
Finding that Respondent has caused or allowed violations of Sections 12(f) of
the Act, 415 ILCS 5/12(f) (2004), and NPDES permit ILR003761
;
C.
Ordering the Respondent to cease and desist from any further violations of
Sections 12(f) of the Act, 415 ILCS 5/12(f) (2004), and NPDES permit ILR003761
;
D.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000
.00) against
22
Respondent for each and every violation of the Act and pertinent regulations, with an additional
penalty of Ten Thousand Dollars ($10,000.00) per day for each day of violation ;
E.
Ordering Respondent to pay all costs, including attorney, expert witness and
consultant fees expended by the State in its pursuit of this action ; and
F.
Of Counsel :
MICHAEL D
. MANKOWSKI
500 South Second Street
Springfield, Illinois 62706
217/557-0586
Dated :
Sl2iw
C
Granting such other relief as the Board deems appropriate and just
.
Respectfully submitted,
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY
:
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
23
PEOPLE OF THE STATE OF ILLINOIS,
ex rel. LISA MADIGAN,
Attorney General
of the State of Illinois
