Lisa Madigan
Al I'ORNFY (1ENERAI .
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R
. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
Re :
People v
. Ray F. Landers, et al
.
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
.
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
August 22, 2006
. L . Homan
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
RECEIVEDCLERK'S
OFFICE
AUG
2 4 2006
PollutionSTATE
OFControl
ILLINOISBoard
JLH/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
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs .
)
PCB No . 01
~~
(Enforcement)
RAY F.
LANDERS, individually, and
)
EQUIPPING THE SAINTS MINISTRY,
)
INTERNATIONAL, INC
., an Illinois,
)
not-for-profit corporation,
)
Respondents .
)
NOTICE OF FILING
To:
Ray F . Landers
Equipping the Saints Ministry, International
5000 Dickey John Road
c/o Billie Landers
Auburn, IL 62615
5000 Dickey John Road
Auburn, IL 62615
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
RECEIVEDCLERK'S
OFFICE
AUG
2 4 2006
STATE OF ILLINOIS
Pollution Control Board
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
217/782-9031
Dated
: August 22, 2006
2
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigatio D si n
BY:
i -
l
L{
He MAN
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on August 22, 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, APPEARANCE and COMPLAINT
To :
Ray F . Landers
Equipping the Saints Ministry, International
5000 Dickey John Road
c/o Billie Landers
Auburn, IL 62615
5000 Dickey John Road
Auburn, IL 62615
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
L. HOMAN
Assistant Attorney General
This filing is submitted on recycled paper
.
RECEIVEDCLERK'S
OFFICE
AUG 2 4 2006
PEOPLE OF THE STATE OF
)
STATE OF ILLINOIS
ILLINOIS,
)
Pollution Control Board
Complainant,
)
vs.
)
PCB No . 01 ~~ 3
(Enforcement)
RAY F
. LANDERS, individually, and
)
EQUIPPING THE SAINTS MINISTRY,
)
INTERNATIONAL, INC
., an Illinois,
)
not-for-profit corporation,
))
Respondent
.
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, J
. L. HOMAN,
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
: August 22, 2006
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
'ti
ision
H MAN
Environmental Bureau
Assistant Attorney General
RECEIVEDCLERK'S
OFFICE
AUG 2 4 2006
PEOPLE OF THE STATE OF ILLINOIS,
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
0?
.(3
vs.
)
No. PCB 9C
(Enforcement-Air)
RAY F
. LANDERS, individually, and
EQUIPPING THE SAINTS MINISTRY,
)
INTERNATIONAL, INC ., an Illinois
)
not-for-profit corporation,
)
Respondents .
)
COMPLAINT
The PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney General of
the State of Illinois, on her own motion and at the request of the ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, complains of the Respondents, RAY F
. LANDERS, and
EQUIPPING THE SAINTS MINISTRY, INTERNATIONAL, INC
., as follows
:
COUNTI
NOTIFICATION VIOLATIONS
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 .
EQUIPPING THE SAINTS MINISTRY INTERNATIONAL, INC . ("ESMI"), is
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
an Illinois not-for-profit corporation in good standing and, at the time of the violations alleged
herein, was the owner of a building formerly known as the Auburn Bowling Alley located at
1229 West Jackson Street in Auburn, Sangamon County, Illinois . The registered agent for ESMI
is Billie Landers, 5000 Dickey John Road, Auburn, Illinois 62615 . RAY F. LANDERS is a
person affiliated with ESMI .
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 :
(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
.
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 §61 .141 provides the following pertinent definitions
:
Demolition means the wrecking or taking out of any load-supporting structural
member of a facility together with any related handling operations or the
intentional burning of any facility .
Facility means any institutional, commercial, public, industrial, or residential
structure, installation, or building
. . . .
Owner or operator of a demolition or renovation activity means any person who
owns, leases, operates, controls, or supervises the facility being demolished or
renovated or any person who owns, leases, operates, controls, or supervises the
demolition or renovation operation, or both
.
Structural member means any load-supporting member of a facility, such as
beams and load supporting walls
; or any nonload-supporting member, such as
ceilings and nonload-supporting walls
.
On a date prior to January 14, 2005, and better known to the Respondents, the
Respondents commenced demolition activities at the building at 1229 West Jackson Street in
Auburn, including the removal of concrete blocks from the south and west exterior walls of the
building. By January 20, 2005, post jacks had been installed to replace the load-supporting
structural members and to prevent roof collapse .
9.
The building at 1229 West Jackson Street in Auburn is a "facility" as this term is
defined at 40 CFR §61
.141 .
10 .
The activities occurring in January 2004 at the facility constituted a "demolition"
as this term is defined at 40 CFR §61 .141 .
11 .
ESMI'and Landers are each an "owner" or "operator" of a demolition activity as
these terms are defined at 40 CFR §61
.141 .
12 .
The owner and operator of a demolition activity are required by 40 CFR
§61
.145(b)(2) to provide to the Illinois EPA notification of a demolition activity at least 10
working days prior to commencing such activity . The Respondents did not provide written
notification to the Illinois EPA prior to the commencement of demolition activities at the facility,
thereby violating 40 CFR §61 .145 and Section 9 .1(d) of the Act, 415 ILCS 5/9 .1(d) (2004)
.
13 .
Since Landers has been previously adjudicated in violation of the Act, these
presently alleged violations constitute repeated violations pursuant to Section 42(f) of the Act,
415 ILCS 5/42(f) (2004), and Complainant is thereby authorized to seek attorney's fees and costs
.
PRAYER FOR RELIEF
WHEREFORE, the Complainant, the People of the State of Illinois, respectfully requests
that the Board grant the following relief:
A.
Authorize a hearing be held in this matter at which time Respondents be required
to answer the allegations herein ;
B .
After due consideration of all statements, testimony, and argument that shall be
submitted at said hearing, or upon default by the Respondents, issue a final order finding
Respondents to have violated the Act and regulations as alleged herein, and directing the
Respondents to cease and desist from further violations ;
C.
Pursuant to Section 42(a) of the Act, 415 ILCS 5/42(a) (2004), impose upon
Respondents a monetary penalty of not more than the statutory maximum
;
D.
Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2004), -award Complainant
its costs in this matter, including reasonable attorney's fees and expert witness costs ; and
E.
Grant such other relief as the Board deems appropriate .
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:
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
Of Counsel
:
JAVONNA HOMAN
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : Vov/Q~
