BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS,
    )
    )
    Complainant,
    )
    )
    v.
    )
    )
    PCB
    (Enforcement)
    No.
    4.
    MYERS
    INDUSTRIES,
    INC.,
    )
    )
    Respondent.
    )
    NOTICE
    OF
    FILING
    To:
    MEYERS
    INDUSTRIES,
    INC.
    do
    Paul
    E.
    Presney
    726
    South
    Second
    Street
    Springfield,
    IL
    62704
    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
    ILCS
    3515/1
    (2006),
    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:
    .,.
    /_,___—
    Stepfêi/J.
    ii’anasie
    Assistant
    Attorney General
    Environmental
    Bureau
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    217/782-9031
    Dated:
    September
    10,
    2008
    2

    BEFORE THE ILLINOIS
    POLLUTION CONTROL
    BOARD
    PEOPLE
    OF
    THE STATE
    OF
    ILLINOIS,
    Complainant,
    v.
    )
    PCBNo.
    O-
    /
    MYERS INDUSTRIES, INC.,
    )
    Respondent.
    COMPLAINT
    Complainant, PEOPLE OF
    THE STATE
    OF
    ILLINOIS,
    by LISA
    MADIGAN,
    Attorney
    General of
    the State of Illinois,
    complains of Respondent,
    MIl, INC., as follows:
    COUNT I
    OPEN
    DUMPING
    1.
    This count is brought on behalf
    of the People of the State of Illinois,
    ex rel. 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 (2006).
    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 (2006),
    and charged, inter alia, with the duty
    of
    enforcing the Act.
    3.
    The
    Respondent, MYERS
    INDUSTRIES, INC. (“MIl”),
    is a Delaware corporation
    in
    good standing.
    Attorney Paul E. Presney,
    726 South Second
    Street, Springfield, Illinois
    62704 is the company’s
    registered agent.
    4.
    At all times relevant to this Complaint,
    MII was the owner of
    a
    manufacturing
    facility
    (“facility”)
    located
    at
    2200 West
    th
    5
    Street Road, Lincoln, Illinois
    62656. MIl
    manufactured
    store
    fixtures and shelving of particle board,
    wood, and laminates
    at
    the
    facility.
    5.
    On September 7, 2006, Illinois EPA
    performed an inspection of the facility.
    1

    6.
    On September
    7, 2006, the Illinois
    EPA inspector
    found
    an
    area of white, water-
    based glue in
    the bed of a railroad
    spur
    just
    outside
    the facility’s
    loading dock door.
    The area
    of
    glue
    measured approximately
    10 feet
    by
    8
    feet
    by 1 foot in size.
    7.
    On
    September 7, 2006,
    the inspector
    also found
    an
    area of oil contaminated
    soil
    and gravel
    along the railroad spur.
    The
    area
    of contaminated
    soil measured approximately
    6
    feet
    by 4 feet by 1 foot.
    8.
    On September 7, 2006,
    the
    inspector
    also found
    discarded pallets,
    cardboard,
    wood
    and other refuse in a
    pile on
    the east
    side of the facility
    grounds;
    the
    pile measured
    approximately 15
    feet by 8 feet by 2 feet.
    9.
    Section 21 of the
    Act, 415 ILCS
    5/21(2006) provides
    in pertinent part
    as follows:
    No person
    shall:
    (a)
    Cause
    or allow the open dumping
    of any waste.
    *
    *
    *
    (d)
    Conduct any
    waste-storage, waste-treatment,
    or waste-disposal
    operation:
    (1)
    Without a permit
    granted by the
    Agency or in violation
    of
    any conditions
    imposed by such
    permit
    ...;
    or
    (2)
    In violation
    of
    any regulations
    or standards
    adopted
    by
    the
    Board
    under this
    Act; or
    *
    *
    *
    (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
    thereunder.
    *
    **
    (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;
    2

    *
    *
    *
    10.
    Section
    3.305
    of the Act,
    415 ILCS 5/3.305 (2006)
    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.
    11.
    Section 3.385 of the Act,
    415 ILCS
    5/3.385 (2006) provides
    as follows:
    “Refuse” means waste.
    12.
    Section 3.445 of
    the Act, 415 ILCS
    5/3.445 (2006) provides
    as follows:
    “Sanitary landfill”
    means a facility
    permitted by the Agency
    for the disposal of
    waste on land
    ... 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 regulations.
    13.
    Section
    3.535 of the Act, 415 ILCS
    5/3.535 (2006) provides
    as
    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....
    14.
    Section 81 2.101 (a) of the Land
    Pollution Regulations,
    35111. Adm. Code
    812.101 (a),
    provides in pertinent part as follows:
    All persons, except those specifically exempted
    by Section 21(d) of the Act,
    shall
    submit to the Agency an application
    for a permit to develop and operate
    a
    landfill....
    15.
    Section 3(a) of the Litter Control Act,
    415 ILCS 105/3(a) (2006) provides in
    pertinent
    part as follows:
    “Litter”
    means any discarded, used or unconsumed
    substance or waste. “Litter”
    may
    include,
    but
    is
    not limited to, any garbage, trash,
    refuse, debris. . oil.
    . .or
    anything else of an unsightly
    or unsanitary nature, which
    has been discarded,
    abandoned or otherwise
    disposed of improperly.
    16.
    MIl
    caused or allowed debris
    and other wastes and refuse
    to be disposed of
    and/or
    abandoned at
    the facility, and
    the facility is not permitted as
    a disposal site and does
    not
    fulfill the
    requirements
    of
    a
    sanitary
    landfill.
    3

    17.
    By
    causing or allowing the
    open
    dumping
    of refuse and waste,
    and by disposing
    or abandoning
    wastes at a site
    that does not meet
    the requirements
    of the Act
    and the
    regulations
    and
    standards
    thereunder, Mu has
    violated
    Sections
    21(a) and 21(e)
    of the Act,
    415
    ILCS 5/21(a),
    21(e)
    (2006).
    18.
    By conducting
    a waste-storage
    and/or waste-disposal
    operation
    without a permit,
    Mu has violated Section
    21(d)(1) of the
    Act, 415 ILCS
    5121(d)(1)(2006) and
    Section 812.101(a)
    of the Board’s
    Waste
    Disposal
    Regulations, 35 III. Adm.
    Code 812.101(a).
    19.
    By
    causing or
    allowing
    open dumping
    in a manner resulting
    in litter, MIl
    has also
    violated
    Section 21(p) of the
    Act, 415 ILCS 5/21(p)
    (2006).
    PRAYER FOR
    RELIEF
    WHEREFORE,
    the Complainant,
    the People
    of the State of Illinois,
    respectfully
    requests
    that
    this 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
    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), imposing
    a civil
    penalty of not
    more than
    the statutory maximum;
    and
    E.
    Granting such other
    relief as the Board
    deems appropriate.
    4

    COUNT
    II
    HAZARDOUS
    WASTE VIOLATIONS
    1.
    Complainant
    realleges
    and incorporates
    herein by
    reference paragraphs
    1
    through
    5
    and paragraph 13 of
    Count I as paragraphs
    I
    through 6 of this
    Count II.
    7.
    Mli’s
    assembly
    and
    process operations
    generated
    between 100 kilograms
    and
    1000
    kilograms of two types
    of hazardous wastes
    in
    a
    calendar
    month.
    8.
    One
    of these hazardous
    wastes
    is a paint
    related
    waste
    solvent (“waste
    solvent”),
    containing acetone
    and toluene
    and is identified
    with United
    States Environmental
    Protection
    Agency
    (‘USEPA”)
    hazardous
    waste
    numbers
    F003,
    F005,
    and DOOl.
    9.
    MIl generated
    the waste
    solvent in a parts
    washer
    and
    in the paint
    gun
    cleaning
    areas
    of the facility.
    10.
    Mll’s assembly
    and process
    operations also generated
    paint
    cake sludge
    (“sludge”); a waste
    flammable
    solid that
    contains
    methyl
    ethyl ketone and
    xylene
    and is
    identified
    with USEPA hazardous
    waste
    numbers
    F003, F005, DOOl,
    D035,
    and
    D043.
    11.
    On September
    7, 2006,
    the Illinois EPA inspector
    observed
    an open drum used
    for
    satellite accumulation
    of the waste
    solvent
    in
    the facility’s paint vault
    area. The
    drum was
    not
    labeled
    as containing hazardous
    waste.
    12.
    On
    September 7, 2006, the
    inspector also
    observed several
    open plastic
    buckets
    and open
    cans
    containing
    sludge. None
    of these containers
    were
    labeled as containing
    hazardous
    waste.
    13.
    On September
    7, 2006, the inspector
    also observed
    several unlabeled
    drums
    of
    waste
    solvent
    in a
    locked,
    fenced-in area
    outside on the
    facility’s north side.
    In the same area,
    a
    bag
    of
    sludge
    was also not labeled.
    14.
    Section 3.220 of the
    Act, 415 ILCS 5/3.220
    (2006), provides
    as
    follows:
    5

    “Hazardous
    waste”
    means a waste,
    or combination
    of wastes,
    which because
    of
    its
    quantity,
    concentration,
    or
    physical,
    chemical
    , or infectious
    characteristics
    may
    cause
    or significantly
    contribute
    to an increase
    in mortality
    or an
    increase
    in
    serious,
    irreversible,
    or incapacitating
    reversible,
    illness;
    or pose a
    substantial
    present
    or potential
    hazard
    to
    human
    health
    or the environment
    when improperly
    treated,
    stored,
    transported,
    or
    disposed
    of, or otherwise
    managed,
    and
    which
    has
    been identified,
    by
    characteristics
    or listing, as
    hazardous
    pursuant
    to
    Section
    3001 of the
    Resource
    Conservation
    and
    Recovery
    Act of 1976,
    P.L.
    94-
    580,
    or
    pursuant
    to
    Board regulations.
    15.
    Section
    702.110
    of the Board’s
    RCRA
    and UIC Permit
    Programs
    Regulations,
    35
    Ill. Adm.
    Code 702.110,
    provides
    the following
    definitions:
    “Hazardous
    waste
    management
    facility”
    or “HWM facility”
    means
    all
    contiguous
    land
    and
    structures,
    other appurtenances,
    and improvements
    on the land,
    used
    for
    treating,
    storing,
    or disposing
    of
    “hazardous
    waste”. A
    facility may
    consist
    of
    several
    treatment,
    storage,
    or disposal
    operational
    units
    (for example,
    one
    or
    more
    landfills,
    surface impoundments,
    or combinations
    of
    them).
    “HWM
    facility”
    (RCRA)
    means Hazardous
    waste management
    facility.
    16.
    Section
    21 of the
    Act, 415
    ILCS 5/21
    (2002), provides,
    in
    pertinent
    part,
    as
    follows:
    No person
    shall:
    *
    *
    *
    e.
    Dispose,
    treat, store
    or
    abandon
    any
    waste. .
    . except
    at a site
    or facility
    which
    meets the
    requirements
    of this
    Act and
    of
    regulations
    and
    standards
    thereunder.
    *
    *
    *
    f.
    Conduct
    any
    hazardous
    waste-storage,
    hazardous
    waste-treatment
    or
    hazardous
    waste-disposal
    operation:
    1.
    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
    standards
    adopted
    thereunder;
    or
    2.
    in violation
    of any regulations
    or standards
    adopted
    by the Board
    under
    this
    Act; or
    6

    17.
    Section
    703.121
    of the Board’s
    RCRA
    Permit
    Program
    Regulations,
    35111.
    Adm.
    Code
    703.121,
    provides in
    pertinent
    part,
    as
    follows:
    a)
    No
    person
    may conduct
    any hazardous
    waste storage,
    hazardous
    waste
    treatment,
    or hazardous
    waste
    disposal
    operation
    as follows:
    1)
    Without
    a RCRA
    permit for
    the HWM
    (hazardous
    waste
    management)
    facility; or
    b)
    An
    owner or
    operator
    of a HWM
    unit must
    have permits
    during
    the
    active
    life (including
    the
    closure period)
    of the
    unit.
    18.
    Section
    722.134
    of the
    Board’s Hazardous
    Waste
    Operating
    Regulations,
    35111.
    Adm. Code
    722.134,
    provides, in
    pertinent
    part,
    as follows:
    a)
    Except as
    provided
    in
    subsection
    (d),
    (e), (f),
    (g),
    (h), or
    (I)
    of this Section,
    a
    generator
    is exempt from
    all
    the
    requirements
    in
    Subparts G
    and H of
    35
    III.
    Adm.
    Code
    725, except
    for
    35 III.
    Adm.
    Code 725.211
    and
    725.214,
    and may
    accumulate
    hazardous
    waste
    on-site for
    90 days
    or less
    without
    a
    permit or
    without
    having
    interim
    status,
    provided
    that
    the following
    conditions
    are fulfilled:
    ***
    3) While
    being accumulated
    on-site, each
    container
    and tank
    is labeled
    or
    marked
    clearly with
    the
    words
    “Hazardous
    Waste”;
    and
    **
    *
    c)
    Accumulation
    near the
    point
    of generation.
    1) A
    generator
    may
    accumulate
    as much
    as 55
    gallons of
    hazardous
    waste or
    one quart
    of
    acutely
    hazardous
    waste
    listed
    in
    35 III.
    Adm.
    Code
    721.133(e)
    in containers
    at or near
    any
    point of
    generation
    where
    wastes
    initially
    accumulate
    that is
    under
    the
    control of
    the
    operator
    of the process
    generating
    the
    waste
    without
    a permit
    or interim
    status
    and
    without
    complying
    with
    subsection
    (a) of this
    Section,
    provided
    the generator
    does
    the
    following:
    A)
    The
    generator
    complies
    with.
    . .35
    III.
    Adm.
    Code
    725.273(a);
    and
    B) The
    generator
    marks
    the
    containers
    either
    with
    the words
    “Hazardous
    Waste”
    or
    with
    other words
    that identify
    the
    contents
    of
    the containers.
    2) A generator
    that
    accumulates
    either
    hazardous
    waste
    or
    acutely
    hazardous
    waste
    listed in 35
    III. Adm.
    Code
    721.133(e)
    in
    excess
    of
    the
    amounts
    listed
    in subsection
    (c)(1)
    of this Section
    at or near
    any
    point
    of
    generation
    must,
    with
    respect to that
    amount
    of excess
    waste, comply
    7

    within three
    days with subsection (a) of
    this Section or other applicable
    provisions of
    this Chapter. During the three
    day period the generator
    must continue
    to comply with subsection
    (c)(1) of this Section. The
    generator must
    mark the container holding
    the excess accumulation of
    hazardous
    waste
    with the date
    the excess amount began accumulating.
    d) A
    generator
    that generates greater than
    100 kilograms
    but less than 1,000
    kilograms of hazardous waste
    in a calendar
    month may accumulate hazardous
    waste on-site for 180
    days or less without a permit
    or without having interim
    status provided that the
    following conditions are fulfilled:
    *
    *
    *
    2) The generator
    complies with the requirements of
    Subpart
    I
    of 35 III.
    Adm. Code 725 (35 Ill. Adm.
    Code 725.276 and 725.278);
    *
    *
    *
    19.
    Section 725.273 of the Board’s Hazardous
    Waste Operating Regulations,
    35
    III.
    Adm.
    Code 725.273, provides, in pertinent part,
    as
    follows:
    a)
    A container holding hazardous waste must always be closed during
    storage, except when it is necessary to add or remove waste.
    *
    *
    *
    20.
    By
    storing hazardous wastes without
    a
    RCRA permit, Respondent
    has violated
    Section 21(f)(1) of the Act,
    415 ILCS 5/21(f)(1) (2006),
    and
    Section(s) 703.121(a) and
    (b) of the
    Board’s
    RCRA Permit
    Program Regulations,
    35
    III. Adm.
    Code
    703.121(a) and
    (b).
    21.
    By storing
    hazardous wastes in unlabeled containers, Respondent has violated
    Section(s)
    21(e) and
    (f)(2) of the Act, 415 ILCS 5/21(e) and (f)(2) (2006), through Section(s)
    722.134(a) and
    (c) of the Board’s
    Hazardous
    Waste Operating Regulations, 35111. Adm. Code
    722.134(a)
    and (c)
    and is not eligible for the permit exemptions provided by the same Board
    Regulations.
    22.
    By storing hazardous
    wastes
    in the
    pain vault
    area
    in open
    containers,
    Respondent
    has violated
    Section(s) 21(e) and (f)(2) of the Act, 415 ILCS 5/21(e) and (f)(2)
    (2006),
    through
    Section 725.273(a) of the Board’s Hazardous Waste Operating Regulations,
    35
    Ill.
    Adm. Code
    725.273(a), and
    is not eligible for the permit exemptions provide
    by
    Section(s)
    8

    722.134(c)
    and (d)
    of
    the Board’s
    Hazardous
    Waste
    Operating
    Regulations,
    35
    III.
    Adm. Code
    722.134(c) and (d).
    PRAYER FOR
    RELIEF
    WHEREFORE,
    the Complainant,
    the
    People
    of the
    State of Illinois,
    respectfully
    requests
    that
    this 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 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),
    imposing a civil
    penalty of not more
    than the statutory maximum;
    and
    E.
    Granting
    such other
    relief as the Board
    deems appropriate.
    COUNT ill
    NOISE VIOLATIONS
    1.
    Complainant realleges
    and
    incorporates
    herein by
    reference
    paragraphs
    I
    through 4 of
    Count I as
    paragraphs I through
    4 of this Count
    Ill.
    5.
    Mli’s manufacturing
    operations
    create
    increased sound
    pressure
    levels.
    The
    increased
    sound pressure
    levels emanate from
    a number of
    sources, particularly
    continuous
    exhaust
    fan noise
    and
    frequent truck idling,
    but also
    backup beepers and
    other associated
    machinery
    and
    equipment.
    6.
    In June 2007, in
    response to a citizen
    complaint,
    the
    Office of the Attorney
    General
    contracted
    with the professional
    services of
    Noise
    Solutions
    by Greg Zak, Inc.
    (“Noise
    Solutions”)
    to
    conduct sound level
    measurements
    of the facility.
    9

    7.
    On June
    14, 2007,
    Noise
    Solutions
    performed sound
    level measurements
    during
    daytime hours
    at the residential
    property nearest
    to the facility,
    with
    the measurement
    devices
    directed
    at the facility. The
    measurement
    devices
    used,
    along with
    their
    calibration
    and
    operation, were in
    compliance with
    the Board’s
    required measurement
    protocol,
    the American
    National
    Standards Institute’s
    requirements,
    and
    the International
    Electro-technical
    Commission’s
    requirements.
    8.
    At all times relevant
    to
    this Complaint,
    the facility
    operated
    on a 24-hour, 7
    days a
    week
    basis.
    Thus,
    Noise
    Solutions’s
    measurements
    are applicable
    to the
    Board’s
    Noise
    Regulations
    for
    both
    daytime and nighttime
    hours.
    9.
    At
    all
    times
    relevant
    to this
    Complaint,
    the
    facility operated
    on a
    24-hour,
    7 days
    a
    week
    basis. Thus, Noise
    Solutions was
    unable to obtain
    usable ambient
    sound level
    measurements.
    As a result, Noise
    Solutions followed
    the Board’s
    Regulations
    for alternative
    measurements
    for ambient
    sound
    levels.
    10.
    Section
    901.101(d)
    of the Board’s Noise
    Regulations,
    35 III. Adm.
    Code
    901.101(d)
    classifies the facility
    as Class
    C
    Land.
    Section 901.101(b),
    35111. Adm.
    Code,
    classifies
    the area residents’
    property as Class
    A Land.
    11.
    Section 24 of the Act,
    415 ILCS 5/24 (2006),
    provides
    as
    follows:
    No person shall
    emit
    beyond
    the boundaries of
    his property
    any
    noise that
    unreasonably
    interferes with
    the enjoyment
    of life or with
    any lawful business
    or
    activity,
    so as to violate any
    regulation
    or standard
    adopted by the Board
    under
    this Act.
    12.
    Section 900.102
    of the Board’s
    Noise
    Regulations,
    35111. Adm.
    Code, provides
    as
    follows:
    Prohibition of Noise
    Pollution
    No
    person shall cause
    or
    allow
    the
    emission of sound
    beyond the boundaries
    of
    his property, as
    property is defined
    in
    Section
    25 of
    the
    Illinois
    Environmental
    10

    Protection Act, so as to cause noise
    pollution in Illinois, or
    so as to
    violate
    any
    provision of
    this Chapter.
    13.
    Noise Solutions measurements
    of the facility’s
    sound
    pressure
    levels included
    70
    db at
    the 63 Hz octave band center frequency
    (“octave band”),
    68 db at the 125 Hz octave
    band, 66 db at the 250 Hz octave band, 55
    db
    at the 500 Hz octave
    band, 56 db at the I KHz
    octave band, 56 db at the 2 KHz octave
    band, 51 db at the 4 KHz octave
    band, and 47 db at the
    8
    KHz octave band.
    14.
    Noise Solutions measurements
    of the facility’s sound pressure levels
    show
    violations of
    Section 901.102(a) of the Board’s
    Noise
    Regulations, 35 III. Adm.
    Code
    901.102(a), for
    sound emitted from
    a
    Class
    C Land to a Class A Land during daytime hours
    at
    the 250
    Hz, 1 KHz, 2 KHz, 4 KHz, and
    8
    KHz
    octave bands.
    15.
    Noise Solutions measurements
    of the facility’s sound pressure levels show
    violations of Section
    901.102(b)
    of the Board’s Noise
    Regulations, 35
    ill.
    Adm. Code
    901.102(b),
    for sound
    emitted from
    a Class C
    Land
    to a Class A Land during nighttime hours
    at
    63
    Hz, 125 Hz, 250
    Hz,
    500
    Hz, I KHz, 2 KHz, 4 KHz, and
    8
    KHz octave
    bands.
    16.
    Noise Solutions measurements of the facility’s sound pressure levels also
    show
    a
    prominent
    discrete tone at the 250 Hz octave band, in violation of Section 901.106(a) of the
    Board’s Noise
    Regulations, 35 Ill. Adm. Code 901.106(a).
    17.
    Mli’s
    violations of Section(s)
    901.102(a)
    and (b), as well as Section 901.106(a)
    of
    the
    Board’s Noise
    Regulations, represent
    a
    violation
    of Section 24
    of
    the Act, 415 ILCS 5/24
    (2006)
    and
    Section 900.102 of the Board’s Noise Regulations, 35111. Adm.
    Code 900.102.
    PRAYER
    FOR RELIEF
    WHEREFORE, the
    Complainant,
    the People of the State of Illinois, respectfully
    requests
    that
    this Board
    grant the following relief:
    11

    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),
    imposing a civil
    penalty of not more than
    the
    statutory maximum; and
    E.
    Granting 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
    Assistant Attorney General
    Environmental Bureau
    Of
    Counsel:
    STEPHEN
    JANASIE
    Assistant
    Attorney
    General
    500
    South
    Second Street
    Springfield,
    Illinois 62706
    217/782-9031
    Dated:_______
    12

    CERTIFICATE
    OF
    SERVICE
    I hereby
    certify
    that
    I
    did
    on
    September
    10,
    2008,
    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:
    MEYERS
    INDUSTRIES,
    INC.
    do
    Paul
    E.
    Presney
    726
    South
    Second
    Street
    Springfield,
    IL
    62704
    and
    the
    original
    and
    ten
    copies
    by
    First
    Class
    Mail
    with
    postage
    thereon fully
    prepaid
    of the
    same
    foregoing
    instrument(s):
    To:
    John
    T.
    Therriault,
    Assistant
    Clerk
    Illinois
    Pollution
    Control
    Board
    James
    R.
    Thompson
    Center
    Suite
    11-500
    100
    West
    Randolph
    Chicago,
    Illinois
    60601
    StephK/1a
    asie
    Assistant
    Attorney
    General
    This
    filing
    is
    submitted
    on
    recycled
    paper.

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS,
    )
    Complainant,
    )
    )
    SEP
    2’OOh
    v.
    )
    PCBNo.
    -
    IfC
    CotIJN0
    )
    (Enforcement)
    MYERS
    INDUSTRIES,
    INC.,
    )
    )
    Respondent.
    )
    ENTRY OF
    APPEARANCE
    On
    behalf
    of
    the
    Complainant,
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS,
    STEPHEN
    J.
    JANASIE,
    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
    Djvjsiop
    BY:__________
    Stephex’J/faIe
    Environmenta
    Bureau
    Assistant
    Attorney General
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    217/782-9031
    Dated:
    September
    10,
    2008

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