Lisa Madigan
X1 *I ORNEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
OFFICE OF THE ATTORNEY GENERAL
CLERK'S
IVED
OFFICE
STATE OF ILLINOIS
SEP 1 2 2006
Pollution
STATE OF
Control
ILLINOISBoard
September 11, 2006
R-`-'
0_7 -
I
K1
Re :
People v
. CSX Transportation, Inc .
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,
risten Laughridge Gale
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400 • 'ITY: (618) 529-6403 • Fax
: (618) 529-6416
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 • TIT (312) 814-3374 •
Fax : (312) 814-3806
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
>
vs.
_ ((p
)
PCB
(Enforcement)No
.
07
CSX TRANSPORTATION, INC
., a
)
Virginia corporation,
)
Respondent .
)
RECEIVED
SEP 1 2 2006
Pollution
STATE OF
Control
ILLINOISBoard
NOTICE OF FILING
To:
CSX Transportation, Inc
.
a Virginia corporation
c/o CT Corporation System, R.A
.
208 S . LaSalle St
., Ste 814
Chicago, IL 60604
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 .
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
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: September 11, 2006
2
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
is on
BY:`
KRISTEN LA GHRIDGE GALE
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on September 11, 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 :
CSX Transportation, Inc
.
a Virginia corporation
c/o CT Corporation System, R .A
.
208 S
. LaSalle St ., Ste 814
Chicago, IL 60604
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
risten Laughridge Gale
Assistant Attorney General
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVED
PEOPLE OF THE STATE OF
)
CLERK'S OFFICE
ILLINOIS,
)
SEP 1 2 2006
Complainant,
)
STATE OF ILLINOIS
Pollution Control Board
vs.
)
PCB
(Enforcement)No
.
0
-7-1
W
CSX
TRANSPORTATION, INC ., a
)
Virginia 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 : September 11, 2006
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Liti afion D' ision
BY:
I4RI
=i TEN
LAUGHRIDGE
I
GALE
lEnvironmental Bureau
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVIED
PEOPLE OF THE STATE OF ILLINOIS, j
SEP
z 2006
Complainant,
j
Pollution
STATE OF
Control
ILLINOISBoard
Vs .
)
No. PCB 0
(Enforcement)
CSX TRANSPORTATION, INC
., a
)
Virginia corporation,
)
Respondent .
)
COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF
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, complain of the Respondent, CSX
TRANSPORTATION, INC
., as follows :
COUNTI
WATER POLLUTION
This Complaint is brought by the Attorney General on her own motion and at the
request of the Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to the terms
and provisions of Section 31 of the Illinois Environmental Protection Act
("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 in proceedings before the Illinois Pollution Control Board ("Board")
.
3.
The Respondent, CSX Transportation, Inc . ("CSX")
is a Virginia corporation
licensed to do business in Illinois
. It's registered agent is CT Corporation System located at
208 S
. LaSalle St
., Suite 814, Chicago, Illinois, 60604 .
1
4.
On July 9, 2004, IEMA incident #20040651 was reported stating that 400 to 500
gallons of diesel fuel was released at the CSX Rose Lake Yard located at 3900 Roselake Road,
East St
. Louis, St. Clair County, Illinois ("Yard").
5 .
On September 29, 2004, Hulcher Services, Inc
. submitted to CSX a Proposal to
Delineate and Remediate Diesel Impacted Soils, Ballast at the CSX Rose Lake Yard
("Proposal") .
6. .
The Proposal stated that the release was over a switch at the Yard ("release
area")
. Hulcher proposed to excavate the release area along each side of the
. spur, flush the
excavated area with d-limoline and water, and take soil samples for confirmation purposes
.
7.
On October 11, 2004, Illinois EPA sent a letter to CSX requesting that the
release area be enrolled in the Illinois EPA Site Remediation Program
.
8.
CSX did not respond to the Illinois EPA's October 11, 2004 letter .
9.
On December 16, 2004, Hulcher Services, Inc
. faxed to the Illinois EPA
analytical data for seven soil samples taken at the release area
. The samples were analyzed
for benzene, toluene, ethylbenzene, and xylene ("BETX") and poly nuclear aromatics
("PNAs") .
10.
The sample results showed exceedences of limits in Tier I Residential Soil
Remediation Objectives under Table B of Appendix B of Section 742 of the Board's Tiered
Approach to Corrective Actions Objectives ("TACO") Regulations, 35 III
. Adm . Code 742,
Appen . B, Table B, and of the Background Carcinogenic Polyclyclic Aromatic Hydrocarbons
("PAH")
95" Percentile Concentrations .
2
Soil Sample No .
Analytical Results
Background for St . Clair County
#1
No Exceedences
#2
No Exceedences
#3
No Exceedences
11
. CSX did not provide any additional information to the Illinois EPA regarding the
excavation or sampling including a map or description of the remedial excavation, the locations
of the soil samples, the amount of soil removed, or where the soil was disposed
.
12.
On January 3, 2005, Illinois EPA sent Violation Notice, L-2005-01 001, to CSX by
certified mail and signed for receipt on January 5, 2005
.
13 .
The Violation Notice stated that CSX had not provided sufficient information to
confirm that the cleanup of all residual material was completed
.
14 .
CSX did not respond to the Illinois EPA to the Violation Notice
.
15 .
On June 28, 2005, Illinois EPA sent a Notice of Intent to Pursue Legal Action
("NIPLA") to CSX for Violation Notice L-2005-01 001 by certified mail and signed for receipt on
June 30, 2005
16 .
CSX did not respond to the Illinois EPA to the NIPLA
.
17 .
Residual contamination of soil and/or subsurface strata may be a continuing
source of further releases to the waters of the State, including groundwater
.
18.
Section 12(a) of the Act, 415 ILCS 5/12(a) (2004), provides that
:
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,
3
Soil Sample No .
Analytical Results
Background for St . Clair County
#4
Benzo(a)pyrene
3.2 mg/kg
2.1 mg/kg
Benzo(b)fluoranthene
3.3
mg/kg
2 .0 mg/kg
Indeno(1,2,3-cd)pyrene
2
.0 mg/kg
1 .6 mg/kg
#5
No Exceedences
#6
No Exceedences
#7
Benzo(b)fluoranthene
2 .1 mg/kg
2 .0 mg/kg
or so as to violate regulations or standards adopted by the Pollution
Control Board under this Act ;
19 .
Section 3
.550 of the Act, 415 ILCS 5/3 .550 (2004), provides that
:
"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
.
20 .
Section 3
.545 of the Act, 415 ILCS 5/3
.545 (2004), provides that :
"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 the livestock, wild animals, birds, fish, or
other aquatic life .
21 .
From at least June 9, 2004, on dates better known to the Respondent, caused or
allowed a release of diesel fuel at the Yard
.
22 .
By causing or allowing the diesel fuel release from the Yard, the Respondent has
threatened, caused or allowed water pollution of the groundwater, potentially rendering such
waters harmful
.
23 .
By doing so, Respondent has violated and will continue to violate Section 12(a)
of the Act, 415 ILCS 5/12(a) (2004)
.
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an Order against the Respondent
:
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 the Act as alleged herein
;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations ;
4
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 .
Granting such other relief as the Board may deem appropriate
.
COUNTII
WATER POLLUTION HAZARD
1-21
. The Complainant realleges and incorporates by reference herein paragraphs 1
through 21 of Count I as if fully set forth herein as paragraphs 1 through 21 of this Count II
.
22 .
Section 12(d) of the Act, 415 ILCS 5/12(d) (2004), provides as follows
:
No person shall :
d.
Deposit any contaminants upon the land in such place and
manner so as to create a water pollution hazard
;
23 .
By releasing diesel fuel at the Yard, the Respondent has created a water
pollution hazard
.
24 .
By doing so, Respondent has violated and will continue to violate Section 12(d)
of the Act, 415 ILCS 5/12(d) (2004) .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an Order against the Respondent :
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 the Act as alleged herein
;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated regulations ;
5
D .
Pursuant to Section 42(a) of the Act, 415 ILLS 5/42(a) (2004), impose a civil
penalty of not more than the statutory maximum ;
E .
Granting such other relief as the Board may deem appropriate
.
COUNTIII
OPEN DUMPING
1-16
. The Complainant realleges and incorporates by reference herein paragraphs 1
through 16 of Count I as if fully set forth herein as paragraphs 1 through 16 of this Count III
.
17
.
Section 3 .535 of the Act, 415 ILCS 5/3
.535 (2004), provides as follows
:
follows :
"WASTE" means any garbage
. .
. 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,
18 .
Section 3 .305 of the Act, 415 ILCS 5/3
.305 (2004), provides as follows :
"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 .
19 .
Section 21 of the Act, 415 ILCS 5/21 (2004), provides, in pertinent part, as
No person shall :
Cause or allow the open dumping of any waste
.
* f
20 .
By causing or allowing the release of diesel fuel from at the Yard and leaving the
contaminants in the soil, Respondent has open dumped at the Yard .
21 .
By doing so, Respondent has violated and will continue to violate Section 21 (a)
of the Act, 415 ILCS 5/21 (a) (2004) .
6
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully requests
that the Board enter an Order against the Respondent :
A.
B .
C.
and associated regulations ;
D .
F .
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein ;
Finding that Respondent has violated the Act as alleged herein ;
Ordering Respondent to cease and desist from any further violations of the Act
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
;
Granting such other relief as the Board may deem appropriate.
Respectfully submitted,
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9 1~// /
Dated : a
BY:
PEOPLE OF THE STATE OF ILLINOIS,
ex rel. LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
7
