Lisa Madigan
V1 [ORNFI GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R
. Thompson Center, Ste
. 11-500
100 West Randolph
Chicago, Illinois 60601
Re :
People v. Chippewa
Loft, LLC
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
.
OFFICE OF THE ATTORNEY GENERAL
sraTE OF ILLINOIS
January 18, 2007
J nnifer Bo
owski
nvironmen al Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
RECEIVEDCLERK'S
OFFICE
JAN 2 2 2007
Poll
STATE
ton
OF
ControlILLI
Bard
ec_t 01e
Thank you for your cooperation and consideration
.
ry truly yours,
1001 Fast Main, Carbondale, Illinois 62901
• (618) 529-6400 • TTY: (618) 529-6403
• Fax : (618) 529-6416
JB/pp
Enclosures
900 South Second Street, Springfield, Illinois 62706
• (217) 782-1090 • YI'Y
: (217) 785-2771 •
Fax: (217) 782-7046
100 West Ran doIph Street, Chicago, Illinois 60601
• (312) 814-3000 •
TTY: (312) 814-3374 •
Fax
: (312) 814-3806
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
(EnforcementPCB
No.
Vt-
Air)
CHIPPEWA LOFT, LLC,
)
a Missouri corporation,
)
Respondent
.
)
NOTICE OF FILING
To :
Chippewa Loft, LLC
c/o Gurprett S . Padda, R .A.
10402 Cable Place
St
. Louis, MO 63109
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 .
RECEIVEDCLERK'S
OFFICE
JAN 2 2 2007
Pollution Control
Board
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
Litigatio Division
500 South Second Street
BY
:
Springfield, Illinois 62706
217/782-9031
Dated : January 18, 2006
2
ENNI BONKOWSKI
Assistan Attorney General
Environmental Bureau
RECEIVED
JAN 2 2 2007
Pollution
STATE OF
Control
ILLINOISBoard
I hereby certify that I did on January 18, 2007, 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:
Chippewa Loft, LLC
c/o Gurprett S . Padda, R .A.
10402 Cable Place
St. Louis, MO 63109
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
CERTIFICATE OF SERVICE
This filing is submitted on recycled paper .
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
RECEIVED
PEOPLE OF THE STATE OF
)
JAN 2 2 2007
ILLINOIS,
)
Pollution
STATE OF
Control
ILLINOISBoard
Complainant,
)
vs.
)
PCB No. b
(Enforcement -
Air)
CHIPPEWA LOFT, LLC,
)
a Missouri corporation,
)
Respondent .
)
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OF THE STATE OF ILLINOIS, JENNIFER
BONKOWSKI, 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
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
itigation D' ision
BY:
1
Iv
a
.10avwJ /'v
NIFEF2~B NKOWSKI
E tronment I Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : January 18, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
JAN 2 2 2007
PEOPLE OF THE STATE OF
)
ILLINOIS,
STATE OF
ILLINOIS
)
Pollution Control Board
Complainant,
)
vs.
)
PCB No . 07- ` O
(Enforcement-Air)
CHIPPEWA LOFT, LLC, a Missouri
)
corporation,
)
Respondent.
)
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 Respondent, CHIPPEWA LOFT, LLC, as follows:
COUNT I
VIOLATIONS OF THE NATIONAL EMISSIONS STANDARDS FOR ASBESTOS
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 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 investigating and enforcing violations of the Act .
3 .
CHIPPEWA LOFT, LLC . ("Chippewa"), is a Missouri corporation that has not
filed a certificate of authority to transact business in Illinois in good standing
. The registered
agent for Chippewa is Gurprett S
. Pradda, 10402 Cable Place, St . Louis, Missouri 63131
.
4 .
Chippewa is the owner of property located at 113 East Clay Street, Collinsville,
Madison County, Illinois, which contains a building formerly known as the Collinsville Herald
Building .
5 .
On a date prior to March 9, 2005, and better known to the Respondent, Chippewa
commenced renovation activities within the Collinsville Herald Building, including the removal
of approximately 3,700 square feet of asbestos-containing floor tile
.
6.
As of March 9, 2005, Chippewa had not filed a written notification of its
renovation project with the Illinois EPA
.
7 .
Section 9 .1(d) of the Act, 415 ILCS 5/9
.1(d)(2004) provides as follows
:
(d) 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
;
8 .
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 ACM contains more than one percent asbestos and is generally
"friable," which means such materials, when dry, can be crumbled, pulverized, or reduced to
powder by hand pressure .
9.
40 CFR §61
.141 provides the following pertinent definitions
:
Adequately wet means sufficiently mix or penetrate with liquid to prevent the release of
particulates
. If visible emissions are observed coming from asbestos-containing material,
-2-
then that material has not been adequately wetted . However, the absence of visible
emissions is not sufficient evidence of being adequately wet .
Category I nonfriable asbestos-containing material (ACM) means asbestos-containing
packings, gaskets, resilient floor covering, and asphalt roofing products containing more
than 1 percent asbestos as determined using the method specified in appendix E, subpart
E, 40 CFR part 763, section 1, Polarized Light Microscopy .
Category II nonfriable ACM means any material, excluding Category I nonfriable ACM,
containing more than 1 percent asbestos as determined using the methods specified in
appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy that,
when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure .
Facility means any institutional, commercial, public, industrial, or residential structure,
installation, or building . . . .
Friable asbestos material means any material containing more than I percent asbestos as
determined using the method specified in appendix E, subpart E, 40 CFR part 763 section
1, Polarized Light Microscopy, that, when dry, can be crumbled, pulverized, or reduced to
powder by hand pressure . If the asbestos content is less than 10 percent as determined by
a method other than point counting by polarized light microscopy (PLM), verify the
asbestos content by point counting using PLM .
Grinding means to reduce to powder or small fragments and includes mechanical
chipping or drilling .
In poor condition means the binding of the material is losing its integrity as indicated by
peeling, cracking, or crumbling of the material .
Nonfriable asbestos-containing material means any material containing more than 1
percent asbestos as determined using the method specified in appendix E, subpart E, 40
CFR part 763, section 1, Polarized Light Microscopy, that, when dry, cannot be
crumbled, pulverized, or reduced to powder by hand pressure .
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 .
Regulated asbestos-containing material (RACM) means (a) Friable asbestos material, (b)
Category I nonfriable ACM that has become friable, (c) Category I nonfriable ACM that
will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II
nonfriable ACM that has a high probability of becoming or has become crumbled,
pulverized, or reduced to powder by the forces expected to act on the material in the
-3-
course of demolition or renovation operations regulated by this subpart .
Remove means to take out RACM or facility components that contain or are covered with
RACM from any facility .
Renovation means altering a facility or one or more facility components in any way,
including the stripping or removal of RACM from a facility component . Operations in
which load-supporting structural members are wrecked or taken out are demolitions .
Resilient floor covering means asbestos-containing floor tile, including asphalt and vinyl
floor tile, and sheet vinyl floor covering containing more than 1 percent asbestos as
determined using polarized light microscopy according to the method specified in
appendix E, subpart E, 40 CFR part 763, Section 1, Polarized Light Microscopy .
10 .
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 :
(4) In a facility being renovated, including any individual nonscheduled
renovation operation, all the requirements of paragraphs (b) and (c) of this section
apply if the combined amount of RACM to be stripped, removed, dislodged, cut,
drilled, or similarly disturbed 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
(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 . . . .
-4-
(I) At least 10 working days before asbestos stripping or removal work or
any other activity begins . . . .
(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.
t
4
(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 .
(6) For all RACM, 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 .
11 .
40 CFR §61 .150 provides in pertinent part as follows :
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 :
(a) Discharge no visible emissions to the outside air during the collection, processing
-5-
(including incineration), packaging, or transporting of any asbestos-containing waste
material generated by the source, or use one of the emission control and waste treatment
methods specified in paragraphs (a) (1) through (4) of this section .
(1) Adequately wet asbestos-containing waste material . . . .
*
(5) As applied to demolition and renovation, the requirements of paragraph (a) of
this section do not apply to Category I nonfriable ACM waste and Category 11
nonfriable ACM waste that did not become crumbled, pulverized, or reduced to
powder.
(b) All asbestos-containing waste material shall be deposited as soon as is practical by the
waste generator at:
(1) A waste disposal site operated in accordance with the provisions of §61 .154,
or
*
*
*
(3) The requirements of paragraph (b) of this section do not apply to Category I
nonfriable ACM that is not RACM .
12 .
The former Collinsville Herald Building is a "facility" and the Respondent is an
"owner" and "operator" of a "renovation" as these terms are defined at 40 CFR 61 .141 .
13 .
The floor tile in Respondent's facility was classified as "Category I nonfriable
ACM," that will be or has been subjected to sanding, grinding, cutting, or abrading, and therefore
subject to the asbestos NESHAP work practices and other requirements as "regulated asbestos-
containing material" ("RACM"), as those terms are defined at 40 CFR 61 .141 .
14
.
The owner and operator of a renovation activity subject to the asbestos NESHAP
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 . Chippewa did not provide
written notification to the Illinois EPA prior to the commencement of renovation 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)
-6-
(2004) .
15.
On March 10, 2005, the Illinois EPA inspected the facility and observed a
substantial amount of debris within, and on the ground adjacent to, two open dumpsters in the
rear of the facility . The debris had been subjected to mechanical chipping and was crushed, dry,
and friable waste material suspected to contain asbestos ; subsequent analyses of five samples
revealed asbestos in a range of six to twelve per cent
. The material was not wet
.
16.
The Respondent failed to adequately wet and keep wet, collect, contain and
deposit as soon as practicable all RACM and asbestos-containing waste materials generated
during the removal at a site permitted to accept such waste, and thereby violated Section 9 .1(d) of
the Act, 415 ILCS 9
.1(d)(2004), 40 CFR 61 .145(c)(6), and 40 CFR 61 .150(b)(1) .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully
requests that this 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 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
-7-
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 .
COUNTII
AIR POLLUTION VIOLATIONS
1-16. Complainant realleges and incorporates herein by reference paragraphs I through
16 of Count I as paragraphs I through 16 of this Count II
.
17.
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 ;
18 .
Section 201 .141 of the Board's Air Pollution Regulations, 35 Ill
. Adm. Code
201 .141 (2004), 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
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.
19.
Section 3
.115 of the Act, 415 ILCS 3
.115 (2004), provides the following
definition :
"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.
-8-
20 .
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
.
21 .
Asbestos is a contaminant as that term is defined in Section 3
.165 of the Act .
22 .
By failing to adequately wet and keep wet all RACM removed during renovation
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 Ill . Adm. Code 201
.141 .
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully
requests that this 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 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 ;
-9-
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
.
COUNT III
NONPAYMENT OF STATUTORILY REOUIRED FEES
1-16
.
Complainant realleges and incorporates herein by reference paragraphs I through
16 of Count I as paragraphs I through 16 of this Count III .
17.
Section 9
.13(b) of the Act, 415 ILCS 5/9 .13(b) (2004), provides as follows
:
(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* .
18 .
Chippewa has not paid the statutory fee of three hundred dollars ($300 .00)
required by Section 9 .13 of the Act, 415 ILCS 5/9
.13 (2004) .
19 .
By failing to pay the statutorily required fee, the Respondent has violated Section
9.13 of the Act, 415 ILCS 5/9 .13 (2004).
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully
requests that this 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 ;
-10-
herein
;
B .
C.
and associated regulations
;
D .
Finding that the Respondent has violated the Act and regulations as alleged
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
;
E .
F.
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,
Of Counsel
:
Jennifer Bonkowski
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : /
//,'/o 7
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
