Lisa Madigan
X1 '
[URNI(Y GENERAL
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 Answer to
Affirmative Defenses 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
S'I'A'I'E OF ILLINOIS
February 22, 2007
Re:
People
v. Isaacson Construction, Inc .
PCB No. 07-25
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
RECEIVED
CLERK'S OFFICE
FEB 2 7 2007
STATE OF ILLINOIS
Pollution Control Board
1001 East Main, Carbondale, Illinois 62901
• (618) 529-6400 • TIT: (618) 529-6403 •
Fax- (618) 529-6416
KLG/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706
• (217) 782-1090 •
T FY: (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
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
STATE OF
ILLINOIS
)
Pollution Control Board
VS .
)
PCB No
. 07-25
(Enforcement)
ISAACSON CONSTRUCTION, INC
.,
)
an Illinois corporation,
)
Respondent .
)
NOTICE OF FILING
To:
Fred C. Prillaman
Mohan, Allewelt, Prillaman & Adami
One North Old State Capital Plaza, Ste
. 325
Springfield, IL 62701
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, an ANSWER TO AFFIRMATIVE DEFENSES, copies of which
are attached hereto and herewith served upon you .
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 : February 22, 2007
1
CLERK
,EIVI
ED
FE3 2 7 2007
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation D'v
BY:
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on February 22, 2007, send by First Class 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 and ANSWER TO AFFIRMATIVE
DEFENSES
To :
Fred C . Prillaman
Mohan, Allewelt, Prillaman & Adami
One North Old State Capital Plaza, Ste . 325
Springfield, IL 62701
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
A copy was also sent by First Class Mail with postage thereon fully prepaid to
:
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
This filing is submitted on recycled paper
.
K ISTEN LAUGHRIDGE GALE
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
CLERK'S OFFICE
Complainant,
FEB 2 1
2037
vs.
No
. PCB 07-25
STATE OF ILLINOIS
(Enforcement)
Pollution Control Board
ISAACSON CONSTRUCTION, INC ., an
Illinois corporation,
Respondent .
ANSWER TO AFFIRMATIVE DEFENSES
NOW COMES Complainant, People of the State of Illinois, with its Answer to Affirmative
Defenses, and states as follows :
Deny
. The State issued a written notice of violation on June 2, 2004
. It is attached as
Exhibit A
. The remaining allegation states a legal conclusion and no further answer is warranted
.
2.
The paragraph states a legal conclusion and no answer is warranted .
3.
The paragraph states a legal conclusion and no answer is warranted
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
ex rel . LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Lyitlgation
isiory
1>
BY : KR
STEN LAUGHRI
e/
GE
_~
~
GALE
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : 2 /
Z1w
1
Voice
: 217/278-5800
FAX
: 217/278-5808
June
2, 2004
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST, P .O . Box 19276,
SPRINCEIELD, ILLINOIS 62794-9276
JAMES R .
THOMPSON CENTER, 100 WEST
RANDOLPH, SUITE 11-300, CHICAGO, IL 60601
ROD R . BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
~ d., ~Ln7
t
.. r
['/ E
DI
ivlshln ci Legal Counsel
OCT 2 9 2004
Environmental Protection
Agency
Isaacson Construction
CERTIFIED MAIL#70022030000544245181
Dave Isaacson, Owner
RETURN RECEIPT REQUESTED
1300 Fort Jesse Road
RZE C
S
I %f 7 D
Normal, Illinois 61761
JUN 0 3 2004
Re :
Violation Notice, L-2004-01189
LPC#1130905116-McLean County
I L
-
N/A-DLPC
Normal/Isaacson Construction
Compliance File
Dear Mr. Isaacson :
This constitutes a Violation Notice pursuant to Section 31(a)(1) of the Illinois Environmental
Protection Act, 415 ILCS 5/31(a)(1), and is based an inspection completed on April 25, 2004 by
representatives of the Illinois Environmental Protection Agency ("Illinois EPA")
.
The Illinois EPA hereby provides notice of violations of environmental statutes, regulations, or
permits as set forth in the attachment to this letter
. The attachment includes an explanation of the
activities that the Illinois EPA believes may resolve the specified violations, including an estimate of
a reasonable time period to complete the necessary activities
. Due to the nature and seriousness of
the violations cited, please be advised that resolution of the violations may require the involvement
of a prosecutorial authority for purposes that may include, among others, the imposition of statutory
penalties .
A written response, which may include a request for a meeting with representatives of the Illinois
EPA, must be submitted via certified mail to the Illinois EPA within 45 days of receipt of this letter
.
The response must address each violation specified in the attachment and include for each an
explanation of the activities that will be implemented and the time schedule for the completion of
that activity
. The written response will constitute a proposed Compliance Commitment Agreement
("CCA")
pursuant to Section 31 of the Act
. The Illinois EPA will review the proposed CCA and will
accept or reject it within 30 days of receipt
.
EXHIBIT
Complainant
A
R,,ri,l-4302 North Main Street, Rockford, IL 61103
- (815) 987-7760
DES PLANES -9571 W
. I larr,son S1 ., -),,Mines,
IL 60016-(847) 294-4000
Erew- 595 South Stale, Elgin, It 60121- (847) 608-3131
PFORIA- 5415 N
. University St ., Peoria, IL 61614 - (309) 691-5463
HLRLU, OI I.ANU -
PLORiA- 7620 N . University St, Peoria, IL 61614
- (309) 693-5462
CHAMPAIGN-212 5 South First Street, Champaign, it 61620-(217) 278-5800
Sruwraiii i. 4500 S-Sixth Street Rd .
. Sprlngfleld, IL 62706-(217) 786-6892
CotiiNSVILLL-
2009 Mall Street, Colli"sv,IIe, II 62234-(618) 3465120
MA,,ON- 2309 W . Main SI .,
Suite 1 16 ; Marion, IL 62959 - (618) 993-7200
If a timely written response to this Violation Notice is not provided, it shall be considered to be a
waiver of the opportunity to respond and to meet provided by Section 31 (a) of the Act, and the
Illinois EPA may proceed with a referral to the prosecutorial authority
.
Written communications should be directed to :
Illinois EPA - Bureau of Land
Attn: Dustin Burger
2125 South First Street
Champaign, Illinois 61820
All communications must include reference to your Violation Notice L-2004-01189 . If you have
questions regarding this matter, please contact Dustin Burger at 217/278-5800 .
Sincerely,
Richard A . Gerard, Manger
Champaign Region
Bureau of Land
RAG :DL13
hcc :
Division File
Champaign Region
ATTACHMENT A
Environmental Protection Act . 41S ILCS 5/1 et. seq . (formerly Ill.
Rev. Slat. Ch. 111 2,
1001 el. seq .) (hereinafter called the 'Act')
L Pursuant to Section 12(a) of the Act states that no person shall 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 .
A violation of Section 12(a) of the [Illinois) Environmental Protection Act (415
ILCS 5/12(a)) is alleged for the following reason
: Contaminants in the form of
used oil and waste concrete sealer were discharged into the environment so as
to cause or tend to cause water pollution in Illinois .
2 . Pursuant to Section 12(d) of the Act, no person shall deposit any contaminants
upon the land in such place and manner so as to create a water pollution hazard
.
A violation of Section 12(d) of the [Illinois] Environmental Protection Actct (415
ILCS 5/12(d)) is alleged for the following reason : Contaminants were deposited
onto the ground in a manner that creates a water pollution hazard.
3 . Pursuant to Section 21 (a) of the Act, no person shall cause or allow the open
dumping of any waste .
A violation of Section 21 (a) of the [Illinois] Environmental Protection Act (415
ILCS 5/21(a)) is alleged for the following reason
: Waste oil and concrete sealer
were open dumped at this site .
4. Pursuant to Section 21(d)(1) of the Act , in relevant part, no person shall conduct
any waste-storage, waste-treatment, or waste-disposal operation without a permit
granted by the Agency or in violation of any conditions imposed by such permit,
including periodic reports and full access to adequate records and the inspection of
facilities, as may be necessary to assure compliance with this Act and with
regulations and standards adopted there under
.
A violation of Section 2l(d)(1) of the [Illinois] Environmental Protection Act (415
ILCS 5/21(d)(1)) is alleged for the following reason
: • Waste was disposed at this
site without a permit granted by the Agency
.
5
. Pursuant to Section 21 (d)(2)
of the Act, no person shall conduct any waste-
storage, waste-treatment, or waste-disposal operation in violation of any regulations
or standards adopted by the Board under this Act
.
A violation of Section 21(d)(2) of the [Illinois] Environmental Protection Act (415
ILCS 5121(d)(2)) is alleged for the following reason: A waste-disposal operation
was conducted at this site in violation of regulations and standards adopted by
the Board .
6
. Pursuant to Section 21(e) of the Act, no person shall 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 .
A violation of Section 21(e) of the [Illinois] Environmental Protection Act (415
ILCS 5/21(e)) is alleged for the following reason : Waste oil and concrete sealer
were disposed of at this site in violation of the Act and Regulations adopted
thereunder .
7.
Pursuant to Section 21(f) of the Act, no person shall conduct any hazardous
waste-storage, hazardous waste-treatment or hazardous waste-disposal operation
without a RCRA permit for the site issued by the Agency under subsection (d) of
Section 39 of this Act, or in violation of any condition imposed by such permit, '
including periodic reports and full access to adequate records and the inspection of
facilities, as may be necessary to assure compliance with this Act and with
regulations and standzrds adopted thereunder
.
A violation of Section 21(f) of the [Illinois] Environmental Protection Act (415
ILCS
5/21(f)) is alleged for the following reason
: Ignitable hazardous waste was
disposed at this site without a RCRA permit
8 . Pursuant to Section 21(p) of the [Illinois) Environmental Protection Act (415
ILCS 5/21(p)), no person shall, in violation of subdivision (a) of this Section[21],
cause or allow the open dumping of any waste in a manner which results in
1 .
litter;
2 .
scavenging ;
3.
open burning ;
4.
deposition of waste in standing or flowing waters ;
5 .
proliferation of disease vectors ; or
6.
standing or flowing liquid discharge from the dump site .
7 .
deposition of
:
(i) general construction or demolition debris as defined
in Section 3
.78 of this Act ; or
(ii) clean construction or demolition debris as defined
in Section 3
.78a of this Act.
The prohibitions specified in this subsection (p) shall be enforceable by the Agency
either by administrative citation under Section 31
.1 of this Act or as otherwise
provided by this Act . The specific prohibitions in this subsection do not limit the
power of the Board to establish regulations or standards applicable to open
dumping
.
A violation of Section 21(p) (1) of the [Illinois] Environmental Protection Act (415 ILCS
21(p)) is alleged for the following reasons : Wastes were open dumped at this site
resulting in (1) litter.
35 Illinois Administrative Code . (Title 35 : Environmental Protection, Subtitle G : Waste
Disposal, Chapter P Pollution Control Board) [Regulations]
9. Pursuant to 35 DI . Adm
. Code Section 703
.121(a), no person shall conduct any
hazardous waste storage, hazardous waste treatment, or hazardous waste disposal
operation
:
1)
Without a RCRA permit for the HWM (hazardous waste
management) facility ; or
2)
In violation of any condition imposed by a RCRA permit
.
A violation of 35 Dl. Adm . Code 703
.121 (a) is alleged for the following reason
:
Hazardous waste was disposed without a RCRA permit
10.
Pursuant to 35 111 . Adm . Code 725 .111, every facility owner or operator must
apply to EPA for an EPA identification number in accordance with the EPA
notification procedures (45 FR 12746) .
A violation of 35 111 . Adm. Code 725 .111 is alleged for the following reason : The
facility does not have a USEPA identification number .
11 .
Pursuant to 35 DI . Adm . Code 725
.113(a), waste analysis
:
1)
Before an owner or operator treats, stores, or disposes of any hazardous
wastes, or non-hazardous wastes if applicable under Section 725.213(d),
the owner or operator shall obtain a detailed chemical and physical
analysis of a representative sample of the wastes . At a minimum, the
analysis must contain all the information that must be known to treat,
store, or dispose of the waste in accordance with this Part and 35 Dl . Adm.
Code 728 .
2)
The analysis may include data developed under 35111
. Adm . Code 721 and
existing published or documented data on the hazardous waste or on waste
generated from similar processes .
BOARD NOTE : For example, the facility's record of analyses performed
on the waste before the effective date of these regulations or studies
conducted on hazardous waste generated from processes similar to that
which generated the waste to be managed at the facility may be included
in the data base required to comply with subsection (a)(1) of this Section,
except as otherwise specified in 35 Ill . Adm. Code .728.107(b) and (c).
The owner or operator of an off-site facility may arrange for the generator
of the hazardous waste to supply part or all of the information required by
subsection (a)(1) of this Section . If the generator does not supply the
information and the owner or operator chooses to accept a hazardous
waste, the owner or operator is responsible for obtaining the information
required to comply with this Section .
3)
The analysis must be repeated as necessary to ensure that it is accurate and up to
date. At a minimum, the analysis must be repeated :
A)
When the owner or operator is notified or has reason to believe that
the process or operation generating the hazardous waste, or non-
hazardous waste if applicable under Section 725 .213(d), has
changed ; and
B)
For off-site facilities, when the results of the inspection required in
subsection (a)(4) of this Section indicate that the hazardous waste
received at the facility does not match the waste designated on the
accompanying manifest or shipping paper.
The owner or operator of an off-site facility shall inspect and, if necessary,
analyze each hazardous waste movement received at the facility to determine
whether it matches the identity of the waste specified on the accompanying
manifest or shipping paper.
A violation of 35 111. Adm
. Code 725 .113(a) is alleged for the following reason : A
required waste analysis waste not conducted before waste was disposed of at
this site.
12
.
Pursuant to 35 Ill . Adm . Code 725
.113(b), the owner or operator shall develop
and follow a written waste analysis plan that describes the procedures that the
owner or operator will carry out to comply with subsection (a) of this Section .
The owner or operator shall keep this plan at the facility
. At a minimum, the plan
must specify:
1)
The parameters for which each hazardous waste, or non-hazardous waste
if applicable under Section 725 .213(d), will be analyzed and the rationale
for the selection of these parameters (i
.e ., how analysis for these
parameters will provide sufficient information on the waste's properties to
comply with subsection (a) .of this Section .
2)
The test methods that will be used to test for these parameters
.
3)
The sampling method that will be used to obtain a representative sample
of the waste to be analyzed
. A representative sample may be obtained
using either:
A)
One of the sampling methods described in 35 Ill . Adm . Code
721 .Appendix A, or
B)
An equivalent sampling method .
BOARD NOTE : See 35 III
. Mm
. Code 720.120(c) for related discussion .
4)
The frequency with which the initial analysis of the waste will be reviewed or
repeated to ensure that the analysis is accurate and up-to-date .
5)
For off-site facilities, the waste analyses that hazardous waste generators
have agreed to supply .
6)
Where applicable, the methods that will be used to meet the additional
waste analysis requirements for specific waste management methods, as
specified in Sections 725
.300, 725 .325, 725 .352, 725
.373, 725 .414,
725 .441, 725.475, 725 .502, 725 .934(d), 725 .963(d), and 725 .984, and 35
111.-Adm . Code 728 .107
.
7)
For surface impoundments exempted from land disposal restrictions under
35111 . Adm . Code 728
.104(a), the procedures and schedules for :
A)
The sampling of impoundment contents ;
B)
The analysis of test data
; and
C)
The annual removal of residues that are not delisted under 35 111 .
Adm . Code 720.122
or that exhibit a characteristic of hazardous
waste and either
:
i)
Do not meet the applicable treatment standards of 35 Ill .
Adm
. Code 728 .Subpart D, or
ii)
Where no treatment standards have been established : Such
residues are prohibited from land disposal under 35 Ill
.
Adm
. Code 728 .132 or 728 .139
.
8)
For owners and operators seeking an exemption to the air emission standards of
724.Subpart
CC in accordance with Section 725 .983:
A)
If direct measurement is used for the waste determination, the
procedures and schedules for waste sampling and analysis, and the
analysis of test data to verify the exemption . .
If knowledge of the waste is used for the waste determination, any
information prepared by the facility owner or operator, or by the
generator of the waste if the waste is received from off-site, that is
used as the basis for knowledge of the waste .
A violation of 35 111 . Adm
. Code 725.113(b)
is alleged for the following reason :
The facility does not have a waste analysis plan .
12 .
Pursuant to 35 Ill . Adm. Code 725 .115(a), the owner or operator shall inspect the
facility for malfunctions and deterioration, operator errors and discharges that
may be causing-or may lead to-the conditions listed below . The owner or
operator shall conduct these inspections often enough to identify problems in time
to correct them before they harm human health or the environment .
I)
Release of hazardous waste constituents to the environment, or
2)
A threat to human health
.
A violation of 35 Ill
. Adm. Code 725 .115(a) is alleged for the following reason :
Inspections were not conducted to prevent the release of waste constituents
into the environment .
13 .
Pursuant to 35 111 . Adm. Code 725.116(a),
1)
Facility personnel must successfully complete a program of classroom
instruction or on-the-job training that teaches them to perform their duties
in a way that ensures the facility's compliance with the requirements of
this part
. The owner or operator must ensure that this program includes all
the elements described in the document required under paragraph (d)(3) of
this section.
2)
This program must be directed by a person trained in hazardous waste
management procedures, and must include instruction which teaches
facility personnel hazardous waste management procedures (including
contingency plan implementation) relevant to the positions in which they
are employed
.
3)
At a minimum, the training program must be designed to ensure that
facility personnel are able to respond effectively to emergencies by
familiarizing them with emergency procedures, emergency equipment and
emergency systems, including where applicable
:
A)
Procedures for using, inspecting, repairing and replacing facility emergency and
monitoring equipment ;
B)
Key parameters for automatic waste feed cut-off systems ;
C)
Communications or alarm systems ;
D)
Response to fires or explosions ;
E)
Response to groundwater contamination incidents
; and
F)
Shutdown of operations .
A violation of 35 111 . Adm. Code 725.116(a) is alleged for the following reason :
The facility has not conducted employee training, as required .
14 .
Pursuant to 35 III . Adm . Code 725 .117(a), the owner or operator must take
precautions to prevent accidental ignition or reaction of ignitable or reactive
waste. This waste must be separated and protected from sources of ignition or
reaction, including, but not limited to, open flames, smoking, cutting and welding,
hot surfaces, frictional heat, sparks (static, electrical or mechanical), spontaneous
ignition (e.g., from heat-producing chemical reactions), and radiant heat . While
ignitable or reactive waste is being handled, the owner or operator must confine
smoking and open flame to specially designated locations . "No Smoking" signs
must be conspicuously placed wherever there is a
hanard from ignitable or
reactive waste.
A violation of 35 111 . Adm. Code 725 .117(a) is alleged for the following reason :
The owner did not take precautions to prevent accidental ignition of wastes .
Drums of ignitable wastes were crushed and their contents allowed to leak
.
15.
Pursuant to 35 Ill . Adm . Code 725.117(b),
where specifically required by other
Sections of this Part, the treatment, storage, or disposal of ignitable or reactive
waste and the mixture or commingling of incompatible waste or incompatible
wastes and materials, must be conducted so that it does not
:
1)
Generate extreme heat or pressure, fire or explosion, or violent reaction
;
2)
Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient
quantities to threaten human health
;
3)
Produce uncontrolled flammable fumes or gases in sufficient quantities to
pose a risk of fire
or explosions;
4)
Damage the structural integrity of the device or facility containing the
waste; or
5)
Through other like means, threaten human health or the environment .
A violation of 35 III . Adm . Code 725 .117(b) is alleged for the following reason
:
Disposal of ignitable hazardous wastes was conducted in manner that (3)
produced flammable fumes, (40 Damaged the structural integrity of the
device containing the waste and (5) threatened human health and the
environment
16.
Pursuant to 35 111
. Adm
. Code 725.131,
facilities must be maintained and operated
to minimize the possibility of a fire, explosion or any unplanned sudden or non-
sudden release of hazardous waste or hazardous waste constituents to air, soil or
surface water which could threaten human health or the environment .
A violation of 35 Dl . Adm . Code 725 .131 is alleged for the following reason : The
facility was not being operated in a manner that minimized the possibility of
a fire or release of hazardous waste constituents into the environment
17.
Pursuant to 35111 . Adm . Code 725.137,
arrangements with local authorities
a)
The owner or operator must attempt to make the following arrangements,
as appropriate for the type of waste handled at his facility and the potential
need for the services of these organizations :
Arrangements to familiarize police, fire departments and
emergency response teams with the layout of the facility,
properties of hazardous waste handled at the facility and associated
hazards, places where facility personnel would normally be
working, entrances to roads inside the facility and possible
evacuation routes ;
2)
Where more than one police and fire department might respond to
an emergency, agreements designating primary emergency
authority to a specific police and a specific fire department and
agreements with any others to provide support to the primary
emergency authority
;
3)
Agreements with State emergency response teams, emergency
response contractors and equipment suppliers ; and
4)
Arrangements to familiarize local hospitals with the properties of
hazardous waste handled at the facility and the types of injuries or
illnesses which could result from fires, explosions or releases at the
facility.
b)
Where state or local authorities decline to enter into such arrangements,
the owner or operator must document the refusal in the operating record .
A violation of 35 Ill. Adm . Code 725
.137 is alleged for the following reason : The
owner has not made any arrangements with local authorities .
18 .
Pursuant to 35 Dl . Adm . Code 725.151(a),
each owner or operator must have a
contingency plan for his facility
. The contingency plan must be designed to
minimize hazards to human health or the environment from fires, explosions or
any unplanned sudden or non-sudden release of
hazardous
waste or hazardous
waste constituents to air, soil or surface water
.
A violation of 35 Dl . Adm
. Code 725.151(a) is alleged for the following reason
:
The facility does not have a RCRA contingency plan
.
19 .
Pursuant to 35 Dl . Adm
. Code 725 .151(b), the provisions of the plan must be
carried out immediately whenever there is a fire, explosion or release of
hazardous waste or hazardous waste constituents which could threaten human
health or the environment
.
A violation of 35 Dl. Adm
. Code 725
.151(b) is alleged for the following reason :
The facility did not have a plan to handle the release of hazardous waste
constituents into the environment
20. Pursuant to 35 Dl . Adm
. Code 725
.152(a), the contingency plan must describe the
actions facility personnel must take to comply with Sections 725
.151 and 725 .156
in response to fires, explosions, or any unplanned sudden or non-sudden release of
hazardous waste or hazardous waste constituents to air, soil, or surface water at
the facility .
A violation of 35 Ill. Adm
. Code 725
.152(a) is alleged for the following reason
:
The facility does not have a contingency plan
.
21 .
Pursuant to 35 Dl . Adm
. Code 725
.153, a copy of the contingency plan and all
revisions to the plan must be
:
a)
Maintained at the facility, and
b)
Submitted to all local police departments, fire departments, hospitals and
state and local emergency response teams that may be called upon to
provide emergency services
.
A violation of 35 Dl . Adm . Code 725 .153 is alleged for the following reason :
The facility does not have a contingency plan .
22 .
Pursuant to 35 Ill . Adm . Code 725 .173, operating record,
a)
The owner or operator shall keep a written operating record at the facility .
b)
The following information must be recorded as it becomes available and
maintained in the operating record until closure of the facility
.
1)
A description and the quantity of each hazardous waste received
and the method or methods and date or dates of its treatment,
storage, or disposal at the facility as required by Section
725 .Appendix A;
2)
The location of each hazardous waste within the facility and the
quantity at each location
. For disposal facilities the location and
quantity of each hazardous waste must be recorded on a map or
diagram of each cell or disposal area . For all facilities this
information must include cross-references to specific manifest
document numbers if the waste was accompanied by a manifest ;
BOARD NOTE
: See Sections 725 .219, 725
.379, and 725.409
for
related requirements .
Records and results of waste analysis, waste determinations, and
trial tests performed as specified in Sections 725 .113, 725
.300,
725 .325, 725 .352, 725
.373, 725 .414, 725 .441, 725 .475, 725.502,
725 .934, 725
.963, and 725 .984 and 35 Ill . Adm . Code 728.104(a)
and 728 .107;
4)
Summary reports and details of all incidents that require
implementing the contingency plan as specified in Section
725 .156(j) ;
5)
Records and results of inspections as required by Sections
725.115(d)
(except these data need be kept only three years) ;
6)
Monitoring, testing, or analytical data where required by Subpart F
of this Part or Sections 725 .119, 725.190, 725 .194, 725 .291,
725.963(d) through
(i), 725.964, and 725.1083 through 725 .990
;
725.293, 725 .295,
725.322, 725 .323, 725.326, 725
.355, 725.359,
725.360,
725.376, 725.378, 725 .380(d)(1), 725 .402 through
725.404,
725.447, 725.477,
725 .934(c) through
. (f), 725 .935,
BOARD NOTE: As required by Section 725
.194, monitoring data
at disposal facilities must be kept throughout the post-closure
period.
7)
All closure cost estimates under Section 725 .242 and, for disposal
facilities, all post-closure cost estimates under Section 725
.244 ;
8)
Records of the quantities (and date of placement) for each
shipment of hazardous waste placed in land disposal units under an
texensi(5f ofthe-effective date of any land disposal restriction
granted pursuant to 35 111. Adm
. Code 728 .105, a petition pursuant
to 35 D1. Adm . Code 728 .106, or a certification under 35 Dl
. Adm.
-Code 728 .108 and the applicable notice required of a generator
under 35 Dl . Adm. Code 728 .107(a);
9)
For an off-site treatment facility, a copy of the notice and the
certification and demonstration, if applicable, required of the
generator or the owner or operator under 35 El
. Adm. Code
728 .107 or 728 .108;
10)
For an on-site treatment facility, the information contained in the
notice (except the manifest number) and the certification and
demonstration, if applicable, required of the generator or the owner
or operator under 35 Dl . Adm. Code 728 .107 or 728 .108;
11)
For an off-site land disposal facility, a copy of the notice and the
certification and demonstration, if applicable, required of the
generator or the owner or operator of a treatment facility under 35
111. Adm . Code 728.107 or 728 .108;
12)
For an on-site land disposal facility, the information contained in
the notice required of the generator or owner or operator of a
treatment facility under 35 Dl . Adm . Code 728 .107, except for the
. manifest number, and the certification and demonstration, if
applicable, required under 35 DI. Adm. Code 728 .107 or 728 .108;
13)
For an off-site storage facility, a copy of the notice and the
certification and demonstration, if applicable, required of the
generator or the owner or operator under 35 Dl . Adm . Code
728.107
or 728 .108; and
14)
For an on-site storage facility, the information contained in the
notice (except the manifest number) and the certification and
demonstration, if applicable, required of the generator or the owner
or operator under 35 111 . Adm. Code 728 .107 or 728 .108.
A violation of 35 Ill . Adm . Code 725 .173 is alleged for the following reason
: The
facility does not have a RCRA operating plan .
23 .
Pursuant to 35 I11 . Adm. Code 725 .175, the owner and operator shall prepare and
submit a single copy of an annual report to the Agency by March 1 of each year .
The report form and instructions supplied by the Agency must be used for this
report. The annual report must cover facility activities during the previous
calendar year and must include the following information
:
--
a)
The USEPA identification number (Section 725
.111), name and address of
the facility ;
- ,
b)
The calendar year covered by the report ;
c)
For off-site facilities, the USEPA identification number of each hazardous
waste generator from which the facility received a hazardous waste during
the year; for imported shipments, the report must give the name and
address of the foreign generator,
d)
A description and the quantity of each hazardous waste the facility
received during the year. For off-site facilities this information must be
listed by USEPA identification number of each generator ;
e)
The method of treatment, storage or disposal for each hazardous waste
;
f)
Monitoring data under Section 725 .194(a)(2)(B) and (C) and (b)(2) where
required
;
g)
The most recent closure cost estimate under Section 725 .242 and for
disposal facilities the most recent post-closure cost estimate under Section
725.244 ;
h)
For generators which treat, store or dispose of hazardous waste on-site, a
description of the efforts undertaken during the year to reduce the volume
and toxicity of the waste generated;
i)
For generators which treat, store or dispose of hazardous waste on-site, a
description of the changes in volume and toxicity of waste actually
achieved during the year in comparison to previous years, to the extent
such information is available for years prior to 1984 ; and
j)
The certification signed by the owner or operator of the facility or the
owner or operator's authorized representative .
A violation of 35 Ill . Adm
. Code 725.175 is alleged for the following reason : The
facility did not submit an annual report by March 2004 for its operations
during 2003
.
24 .
Pursuant to 35 IIl . Adm. Code 725.212(a), within six months after the effective
date of the rule that first subjects a facility to provisions of this Section, the owner
or operator of a hazardous waste management facility shall have a written closure
plan. Until final closure is completed and certified in accordance with Section
725.215,
a copy of the most current plan must be furnished to the Agency upon
request including request by mail . In addition, for facilities without approved
plans, it must also be provided during site inspections on the day of inspection to
any officer, employee, or representative of the Agency .
A violation of 35 Ill . Adm
. Code 725 .212(a) is alleged for the following reason
:
The facility does not have a written closure plan .
25.
Pursuant to 35 111 . Adm. Code 725.218(a), the owner or operator of a hazardous
waste disposal unit shall have a written post-closure care plan . An owner or
operator of a surface impoundment or waste pile that intends to remove all
hazardous wastes at closure shall prepare a post-closure care plan and submit it to
the Agency within 90 days after the date that the owner or operator or Agency
determines that the hazardous waste management unit or facility must be closed
as a landfill, subject to the requirements of Sections 725
.217 through 725 .220.
A violation of 35 IIl
. Adm. Code 725 .218(a) is alleged for the following reason :
The facility does not have a written post-closure plan .
26.
Pursuant to 35 Dl. Adm
. Code 725 .242(a), the owner or operator shall have a
detailed written estimate, in current dollars, of the cost of closing the facility in
accordance with the requirements in Sections 725
.211 through 725 .215 and
applicable closure requirements of Sections 725
.278, 725.297,
725 .328, 725
.358,
725 .380, 725.410, 725 .451, 725
.481, 725 .504, and 725 .1102.
1)
The estimate must equal the cost of final closure at the point in the
facility's active life when the extent and manner of its operation would
make closure the most expensive, as indicated by its closure plan (see
Section 725.212(b)); and
2)
The closure cost estimate must be based on the costs to the owner or
operator of hiring a third party to close the facility
. A third party is a party
who is neither a parent nor a subsidiary of the owner or operator
. (See
definition of "parent corporation" in Section 725
.241(d).) The owner or
operator may use costs for on-site disposal if the owner or operator
demonstrates that on-site disposal capacity will exist at all times over the
life of the facility .
3)
The closure cost estimate must not incorporate any salvage value that may
be realized by the sale of hazardous wastes, or non-hazardous wastes
.if
applicable under Section 725
.213(d), facility structures or equipment, land
or other facility assets at the time of partial or final closure .
4)
The owner or operator shall not incorporate a zero cost for hazardous
waste, or non-hazardous waste if applicable under Section 725 .213(d),
which may have economic value
.
A violation of 35 Ill. Adm
. Code 725.242(a) is alleged for the following reason:
The facility does not have a written cost estimate for closure activities .
27.
Pursuant to 35 Ill . Adm . Code 725 .244(a), the owner or operator of a hazardous
waste disposal unit shall have a detailed written estimate, in current dollars, of the
annual cost of post-closure monitoring and maintenance of the facility in
accordance with the applicable post-closure regulations in Section 725 .217
through 725 .220, 725 .328, 725 .358, 725
.380 and 725 .410.
1)
The post-closure cost estimate must be based on the costs to the owner or
operator of hiring a third party to conduct post-closure care activities . A
third party is a party who is neither a parent nor a subsidiary of the owner
-
or operator
. (See definition of "parent corporation" in Section
725 .241(d).)
2)
The post-closure cost estimate is calculated by multiplying the annual
post-closure cost estimate by the number of years of post-closure care
required under Section 725 .217
.
A violation of 35 Ill . Adm
. Code 725.244(a) is alleged for the following reason
: .
The facility does
not have a written cost estimate for post-closure activities
.
28. Pursuant to Section 812
.101(a), all persons, except those specifically exempted by
Section 21(d) of the Environmental Protection Act (Act) (Ill
. Rev . Stat. 1991, ch. 111 1/2,
par
. 1021(d)) [415 ILCS 5/21(d)] shall submit to the Agency an application for a permit
to develop and operate a landfill
. The applications must contain the information required
by this Subpart and by Section 39(a) of the Act, except as otherwise provided in 35 111
.
Adm. Code 817
.
A violation of 35 Ill . Adm
. Code 812 .101(a) is alleged for the following reason
: wastes
were disposed at this site without a permit to operate a landfill
.
29.
Pursuant to Section 808
.121(c), no person shall cause, threaten or allow the
treatment, storage or disposal of special waste in Illinois except
:
1) At a facility permitted or otherwise authorized to manage the special waste
pursuant to 35 IIl . Adm
. Code 703 or 807 (Sections 21(d) and (e) of the Act) ; or
2) At a facility owned and operated by such person and subject to the on-site
disposal exemption of Section 21(d) of the Act (Section 21(d) of the Act)
.
A violation of 35111 . Adm
. Code 808.121(c)
is alleged for the following reason
: Special
wastes in the form of used oil was disposed of without a permit
