BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
by LISA MADIGAN, Attorney General
)
of the State of Illinois,
)
)
Complainant,
)
)
No.
v.
)
)
APOLLO PLASTICS CORPORATION,
)
an Indiana corporation
')
)
Respondent.
)
NOTICE OF ELECTRONIC FILING
TO: SEE ATTACHED SERVICE LIST
PLEASE
TAKE NOTICE that today, May 12, 2009, I have filed with the Office ofthe
Clerk of the Illinois Pollution Control Board by electronic filing the following Complaint a true
and correct copy
of which is attached and hereby served upon you.
Pursuant to 35
Ill.
Adm. Code 103.204(f), I am required to state that failure to file an
answer to this Complaint within 60 days may have severe consequences. Failure to answer will
mean that all allegations in the 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.
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available through the Illinois
Environmental Facilities Financing Act (20 ILCS
3515/1
et seq.)
to correct the alleged pollution.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BY:
Date: May 12, 2009
PEOPLE OF
THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
he State
of Illinois
Rose arie C eau
Assista
ttorn y General
Environmental Bureau
69 W. Washington
St., Suite 1800
Chicago, Illinois 60602
(312) 814-3094
Apollo Plastics Corporation
c/o Marilyn Jo Ripka
Registered Agent
5333 N. Elston Avenue
Chicago, Illinois
60630
Harvey M. Sheldon
Hindshaw
&
Culbertson LLP
222 North LaSalle Street
Suite
300
Chicago, Illinois 60601
SERVICE LIST
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS)
ex rei.
LISA MADIGAN, Attorney
)
Gene~al
of the State of Illinois,
)
)
Complainant,
)
)
vs.
)
No.
)
APOLLO PLASTICS CORPORATION, )
an
Indiana corporation,
)
)
Respondent.
)
COMPLAINT FOR CIVIL PENAL TIES
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney General
of the State of Illinois, complains of Respondent, APOLLO PLASTICS
CORPORATION,
as follows:
COUNT I
FAILURE
TO OBTAIN REQUISITE PERMITS BEFORE
CONSTRUCTION OF EMISSION UNIT
1.
This Complaint is brought on behalf of the People ("Complainant") by the
Attorney General on her own motion and upon 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.
2.
The Illinois EPA is an administrative agency of the State of Illinois,
created pursuant
to Section 4 of the Act, 415 ILCS 5/4, and charged,
inter alia,
with the
duty
of enforcing the Act. This Complaint is brought pursuant to Section 31 of the Act,
415
ILCS 5/31.
3.
At all times relevant to this Complaint, APOLLO PLASTICS
CORPORATION ("Apollo") was and is an Indiana corporation registered to do business
in Illinois.
4.
At all times relevant to this Complaint, Apollo has operated a facility
located at 5333 North Elston Ave, Chicago, Cook County, Illinois
60630 ("Facility").
5.
Apollo is a manufacturer of automobile dashboard components.
6.
Current emission units at the Facility include two manual paint booths,
three coating lines, one
of which is controlled by a regenerative thermal oxidizer (RTO),
twelve pad printers, twenty-six injection molding machines, and one parts washer.
7.
The coatings utilized by Apollo in its manufacturing have volatile organic
materials content greater than 3.2 lbs/gal for the color coating and 3.5 lbs/gal for the
pnmer.
8.
Apollo's operation of the Facility is subject to the Act and the rules and
regulations promulgated by the Illinois Pollution Control Board ("Board") and the Illinois
EP A. The Board's regulations for air pollution are found in Title 35, Subtitle B, Chapter
I
ofthe Illinois Administrative Code ("Board Air Pollution Regulations"), and the Illinois
EPA rules and regulations for air pollution are found in Title 35, Subtitle B, Chapter II of
the Illinois Administrative Code ("Illinois EPA Air Pollution RegUlations").
9.
Section 3.315 of the Act, 415 ILCS 5/3.315, provides the following
definition:
"PERSON" is any individual, partnership, co-partnership, firm,
company, limited liability company, corporation, association, joint
stock company, trust, estate, political subdivision, state agency, or
any other legal entity, or their legal representative, agent or
aSSIgns.
2
10.
As a registered business in Illinois, APOLLO PLASTICS CORP IS a
"person" under Section 3.315 of the Act, 415 ILCS 5/3.315.
11.
Section 211.7150 of the Board Air Pollution Regulations, 35 Ill. Adm.
Code
211.7150, provides the following definition:
"VOLATILE ORGANIC MATERIAL (V OM)" or volatile organic
compound means any compound
of carbon excluding carbon
monoxide, carbon dioxide, carbonic acid, metallic carbides or
carbonates, and ammonium carbonate, which participates in
atmospheric photo-chemical reactions.
12.
Section 3.06 of the Act, 415 ILCS 5/3.06, contains the following
definition:
"CONTAMINANT" is any solid, liquid, gaseous matter, any odor,
or any form
of energy, from whatever source.
13.
Section 201.102 of the Board's Air Pollution Regulations, 35 Ill. Adm.
Code
201.102, contains the following definitions:
"EMISSION SOURCE": any equipment or facility of a type
capable
of emitting specified air contaminants to the atmosphere.
"EXISTING EMISSION SOURCE": any emission source, the
construction or modification
of which has commenced prior to
April 14, 1972.
"NEW
EMISSION SOURCE": any emISSIOn source, the
construction or modification
of which is commenced on or after
April 14, 1972.
"SPECIFIED AIR CONTAMINANT": any air contaminant as to
which this Subtitle contains emission standards or other specific
limitations.
14.
VOM is a "specified air contaminant" as that term is defined in Section
201.102
of the Board Air Pollution Regulations, 35 Ill. Adm. Code 201.102.
15.
Because the Facility's emission units emit, or are capable of emitting
3
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* * * * * PCB 2009-108 * * * * *
YOM, a specified air contaminant, they are emission sources as thatterm is defined in
Section
201.102 of the Board Air Pollution Regulations 35 Ill. Adm. Code 201.102.
16.
Section 9(b)
of the Act, 415 ILCS 5/9(b):
No person shall:
(b) Construct, install, or operate any equipment, facility,
vehicle, vessel,
or aircraft capable of causing or
contributing to air pollution
or designed to prevent air
pollution,
of any type designated by Board regulations,
without a permit granted
by the Agency, or in violation of
any conditions imposed by such permit.
17.
35 Ill. Adm. Code 201.142 provides as follows:
Construction Permit Required
No person shall cause
or allow the construction of any new
emission source
or any new air pollution control
equipment, or cause
or allow the modification of any
existing emission source
or air pollution control equipment,
without first obtaining a construction permit from the
Agency, except as provided in Sections 201.146
or Section
201.1 70(b)
of this Part.
18.
Beginning in
2002, on dates best known to Apollo, Apollo constructed
two pad printers and two injection molding machines at its facility. In
2004, on dates
best known to Apollo, Apollo installed new spray guns at the Facility.
19.
Apollo did not apply for
or receive a construction permit from the Illinois
EPA for its spray gun.
20.
Apollo did not apply for or receive any construction permits from the
Illinois
EPA for its pad printers or its injection molding machines.
21.
Apollo,
by its conduct as alleged herein, violated Section 201.142 of the
Board Air Pollution Regulations, 35 Ill. Adm. Code 201.142 and thereby Section 9(b)
of
the Act, 415 ILCS 5/9(b).
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* * * * * PCB 2009-108 * * * * *
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of Complainant and against
the Respondent,
APOLLO PLASTICS CORP, on Count I:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required
to answer the allegations herein;
2.'
Finding that the Respondent has violated
35 Ill. Adm. Code 201.142 and,
thereby,
Section 9(b) of the Act, 415 ILCS 5/9(b);
3.
Assessing against the Respondent a civil penalty of Fifty Thousand
Dollars
($50,000.00) for each violation of the Act and pertinent Board Air Pollution
Regulations, and an additional civil penalty
of Ten Thousand Dollars ($10,000.00) for
each day
of violation;
4.
Taxing all costs in this action pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f), including attorney, expert witness and consultant fees, against the
Respondent; and
5.
Granting such other relief as the Board deems appropriate and just.
COUNT II
FAILURE TO OBTAIN REQUISITE PERMITS BEFORE
CONSTRUCTION OF EMISSION
UNIT
1-18. Complainant realleges and incorporates by reference herein paragraphs 1
through
18 of Count I as paragraphs 1 through 18 of this Count II.
19.
35 Ill. Adm. Code 201.143 provides as follows:
No person shall cause or allow the operation
of any new
emission source or new air pollution control equipment
of
any type for which a construction permit is required by
Section 201.142 without first obtaining an operating permit
from the Agency, except for such testing operations
as may
5
Electronic Filing - Received, Clerk's Office, May 12, 2009
* * * * * PCB 2009-108 * * * * *
be authorized by the construction pennit.
20.
Apollo did not. apply for or receive an operating pennit from the Illinois
EPA for its spray guns.
21.
Apollo did not apply for or receive any operation pennits from the Illinois
EPA for its pad printers or its injection molding machines.
22.
Apollo,
by its conduct as alleged herein, violated Section 201.143 of the
Board Air Pollution Regulations,
35 Ill. Adm. Code 201.143 and, thereby, Section 9(b) of
the Act, 415 ILCS 5/9(b).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of Complainant and against
the Respondent, APOLLO PLASTICS CORP, on Count II:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that the Respondent has violated 35 Ill. Adm. Code 201.143 and,
thereby,
Section 9(b) of the Act, 415 ILCS 5/9(b);
3.
Assessing against the Respondent a civil penalty of Fifty Thousand
Dollars ($50,000.00) for each violation of the Act and pertinent Board Air Pollution
Regulations, and an additional civil penalty
of Ten Thousand Dollars ($10,000.00) for
each day
of violation;
4.
Taxing all costs in this action pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f) including attorney, expert witness and consultant fees, against the
Respondent; and
5.
Granting such other relief as the Board deems appropriate and just.
6
COUNT III
FAILURE TO OBTAIN A CLEAN AIR ACT PERMIT PROGRAM
PERMIT
1-12. Complainant realleges and incorporates by reference herein paragraphs 1
through 12 of Count I as paragraphs 1 through 12 of this Count III.
13.
Section 39.5(6)(b) ofthe Act, 415 ILCS 5/39.5(6)(b), provides as follows:
Prohibition
After the applicable CAAPP permit or renewal application
submittal date, as specified in Subsection 5
of this Section, no
person shall operate a CAAPP source without a CAAPP permit
unless the complete CAAPP permit or renewal application for such
source has been timely submitted to the Agency.
14.
Section 39.5(1) of the Act, 415 ILCS 5/39.5(1), provides the following
definitions:
"CAAPP" means the Clean Air Act Permit Program developed
pursuant to Title
V of the Clean Air Act.
"CAAPP permit" or "permit" (unless the context suggests
otherwise) means any permit issued, renewed, amended, modified
or revised pursuant to Title
V of the Clean Air Act.
"Source" means any stationary source (or any group of stationary
sources) that are located on one or more contiguous or adjacent
properties, and are under common control of the same person (or
persons under common control) belonging to a single major
industrial grouping.
"Owner or operator" means any person who owns, leases, operates,
controls, or supervises a stationary source.
"Stationary source" means any building, structure, facility, or
installation that emits or may emit any regulated air pollutant
....
"Regulated Air Pollutant" means the following:
(1) Nitrogen oxides
(NOx) or any volatile organic compound ....
7
15.
Apollo's two manual paint booths, three coating lines, twelve pad printers,
twenty-six injection molding machines, and one parts washer herein emit, or may emit
YOM.
16.
Apollo's Facility is a "stationary source" as that term is defined in Section
39.5(1) of the Act, 415 ILCS 5/39.5(1).
17.
Apollo operates a stationary source and is an
"owner or operator" as that
term is defined in Section 39.5(1)
of the Act, 415 ILCS 5/39.5(1).
18.
Section 39.5(2)
of the Act, 415 ILCS 5/39.5(2), provides in pertinent part,
as follows:
2.
Applicability
a.
Sources subject to this Section shall include:
1.
Any major source as defined in paragraph (c) of this
subsection.
*
*
*
*
c.
For purposes of this Section the term "major source" means
any source that is:
*
*
*
*
111.
A major stationary source as defined in part D of
Title I of the Clean Air Act including:
A.
For ozone nonattainment areas, sources with
the potential to emit
100 tons or more per year of
volatile organic compounds or oxides of nitrogen in
areas classified as
"marginal" or ... to emit 25 tons
or more per year in areas classified as
"severe" ....
19.
Section 270.107 of the Illinois EPA's Air Pollution Regulations, 35 Ill.
Adm. Code
270.107(2008), provides as follows:
8
Applicability
This
Part applies to the owner or operator of any source required to
have an operating permit pursuant to Section 39.5 of the Act.
20.
In 2001, when Apollo purchased the Facility, Apollo's Facility was
located in a non-attainment area for ozone classified
as severe.
21.
Apollo's Facility
is a "major stationary source" as that term is defined in
Section 39.5(2)(c)(iii)(A)
of the Act, 415 ILCS 5/39.5(2)(c)(iii)(A). Therefore, Apollo is
subject to the provisions of Section 39.5 of the Act, 415 ILCS 5/39.5, and applicable
regulations.
22.
Section 270.103
of the Illinois EPA's Air Pollution Regulations, 35 Ill.
Adm. Code 270.103, provides in pertinent part as follows:
Existing
CAAPP Source
"Existing
CAAPP source" means a CAAPP source that commenced
operation prior
to the effective date of the CAAPP.
23.
Section 39.5(5)(x) ofthe Act, 415 ILCS 5/39.5(5)(x), provides as follows:
Applications and Completeness
x.
The owner or operator of a new CAAPP source shall
submit its complete
CAAPP application consistent with this
subsection within
12 months after commencing operation of such
source. The owner or operator
of an existing source that has been
excluded from the provisions
of this Section under subsection 1.1
or subsection 3(c) of this Section and that becomes subject to the
CAAPP solely due to a change in operation at the source shall
submit its complete
CAAPP application consistent with this
subsection
at least 180 days before commencing operation in
accordance with the change in operation.
24.
From at least some time in January
2001, when Apollo purchased the
Facility, the exact date which is better known
to Apollo, until September 29, 2006,
Apollo operated the Facility without having submitted the requisite CAAPP Permit
9
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* * * * * PCB 2009-108 * * * * *
Application to the Illinois EPA.
25.
From at least January
2001, when Apollo purchased the Facility, the exact
date best known to Apollo, and continuing
to the present, the Apollo has and continues to
operate a CAAPP source without the requisite permit.
26.
Apollo, by its conduct
as alleged herein, violated Section 39.5(6)(b) of the
Act, 415
ILCS 5/39.5(6)(b).
WHEREFORE,- Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of Complainant and against
the Respondent,
APOLLO PLASTICS CORP, on Count III:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein.
2.
Finding that the Respondent has violated Section 39.5(6)(b) of the Act,
415
ILCS 5/39.5(6)(b);
3.
Assessing against the Respondent a civil penalty of Fifty Thousand
Dollars
($50,000.00) for each violation of the Act, and an additional civil penalty of Ten
ThousandDollars
($10,000.00) for each day of violation;
4.
Taxing all costs in this action pursuant to Section 42(f) of the Act,
including attorney, expert witness and consultant fees, against the Respondent; and
5.
Granting such other relief as the Board deems appropriate and just.
COUNT IV
FAILURE TO COMPLY WITH THE ILLINOIS POLLUTION CONTROL
BOARD'S REGULATION FOR
PLASTIC PARTS COATING
1-14. Complainant realleges and incorporates by reference herein paragraphs 1
through
14 of Count I as paragraphs 1 through 14 of this Count IV.
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* * * * * PCB 2009-108 * * * * *
15.
Section 9(a) of the Act, 415 ILCS 5/9(a), states:
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.
16.
Section 218.204(n)(I) of the Board's Air Pollution Regulations, 35 Ill.
Adm. Code 218.204(n)(1), provides
as follows:
Except
as provided in section 218.205, 218.207, 218.208,
218.212,218.215, and 218.216
of this subpart, no owner or
operator
of a coating line shall apply at any time any
coating in which the
YOM content exceeds the following
emissions limitations for the specified coating
...
(n) Plastic Parts Coating: Automotive/Transportation
(1) Interiors
(B) Air Dried
(i) Color Coat
(ii) Primer
Kg/lIb/gal
0.38
3.2
0.42
3.5
17.
Beginning in at least January 2001, and continuing until December 2007,
Apollo utilized coatings with a YOM content greater than 3.2 lbs/gal for color coat and
3.5 lbs/gal for primer.
18.
By utilizing coatings with a YOM content greater than 3.2 lbs/gal for color
coat and 3.5 lbs/gal for primer, Apollo violated Section 9(a)
ofthe Act, 415 ILCS 5/9(a),
and Section 218.204(n)(1)
ofthe Board's Air Pollution Regulations, 35 Ill. Adm. Code
218.204(n)(1
).
11
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* * * * * PCB 2009-108 * * * * *
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter a judgment in favor of Complainant and against
the Respondent,
APOLLO PLASTICS CORP, on Count IV:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that the Respondent has violated Section 218.204(n)(I) of the
Board Air Pollution Regulations,
35 Ill. Adm. Code 218.204(n)(I), and Section 9(a) of
the Act, 415 ILCS 5/9(a);
2.
Assessing against the Respondent a civil penalty of Fifty Thousand
Dollars
($50,000.00) for each and every violation of the Act and pertinent regulations,
with an additional penalty ofTen Thousand Dollars ($10,000.00) per day for each day of
violation;
3.
Taxing against the Respondent, all costs in this action, including attorney,
expert witness and consultant fees; and
4.
Granting such other relief as the Board deems appropriate and just.
COUNT V
FAILURE TO MAINTAIN REQUIRED RECORDS
1-15. Complainant realleges and incorporates by reference herein paragraphs 1
through
14 of Count I and paragraph 15 of Count IV as paragraphs 1 through 15 of this
Count
V.
16.
From at least some time January 2001 and continuing to a date best known
to Apollo, Apollo failed to keep records
of the name and identification number of each
coating as applied on each coating line and the weight
of YOM per volume of each
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* * * * * PCB 2009-108 * * * * *
coating as applied each day on each coating line.
17.
Section 218.211(c) of the Board of Air Pollution Regulations, 35 Ill. Adm.
Code 218.211(c), provides the following in pertinent part:
An
owner or operator of a coating line subject to the limitations of
Section 218.204 of this subpart other than Section 218.204(a)(2) or
(a)(3)
of this Subpart and complying by means of Section 218.204
of this Subpart shall comply with the following:
(2)
On and after a date consistent with Section 218.106 of this Part
or on and after the initial start-up date, the owner or operator of a
subject coating line shall collect and record all
of the following
infonnation each day for each coating line and maintain the
infonnation
at the source for a period of three years:
(A) The name and identification number
of each coating as applied
on each coating line;
(B) The weight
of YOM per volume of each coating (minus water
and any compounds which are specifically exempted from the
definition
ofVOM) as applied each day on each coating line;
18.
Apollo's failure to maintain the required records is a violation of 35 Ill.
Adm. Code 218.211(c).
WHEREFORE, Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter Judgment in favor of Complainant and against
the Respondent,
APOLLO PLASTICS CORP, on Count V:
I.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that the Respondent has violated 35 Ill. Adm. Code 218.2II(c);
3.
Assessing against the Respondent a civil penalty of Fifty Thousand
Dollars
($50,000.00) for each violation of the Act and applicable regulations, with an
13
-----------------------------------------~
additional penalty of Ten Thousand Dollars ($10,000.00) per day for each day of
violation;
4.
Taxing against the Respondent, all costs in this action, including attorney,
expert witness and consultant fees; and
5.
Granting such other relief as the Board deems appropriate and just.
COUNT VI
FAILURE TO TIMELY SUBMIT AN EMISSION REDUCTION MARKET
SYSTEM ("ERMS") BASELINE APPLICATION
1-14. Complainant realleges and incorporates by reference herein paragraphs 1
through 14
of Count I as paragraphs 1 through 14 of this Count VI.
15.
Section 9.8(b) of the Act, 415 ILCS 5/9.8(b), provides as follows:
The Agency shall design an emissions market system that will
assist the State in meeting applicable post-1996 provisions under
the CAA
of 1990, provide maximum flexibility for designated
sources that reduce emissions, and that take into account the
fin~ings
of the national ozone transport assessment, existing air
quality conditions, and resultant emissions levels necessary to
achieve or maintain attainment.
16.
Section 205.310 of the Board Air Pollution Regulations, 35 Ill. Adm.
Code
205.310, provides in pertinent part as follows:
ERMS Applications
The owner or operator
of each participating source or new
participating source shall submit
to the Agency an ERMS
application in accordance with the following schedule:
(2) For any source that first becomes a participating source
because its
VOM emissions increase to 10 tones or greater during
any seasonal allotment period beginning with 1999, on or before
December 1
of the year of the first seasonal allotment period in
which its
VOM emissions are at least 10 tons, provided that this
emission increase
is not a major modification pursuant to 35 Ill.
Adm. Code 203;
14
17.
Section 205.130 of the Board Air Pollution Regulations, 35 Ill. Adm.
Code
205.210, provides as follows:
"Participating
source" means a source operating prior to
May 1, 1999, located in the Chicago ozone nonattainment area,
that is required to obtain a CAAPP permit and has
or will have
seasonal emissions
of at least 10 tons ofVOM.
18.
Apollo is a participating source, as that term is defined by 35 Ill. Adm.
Code
205.130.
19.
Beginning during the 2004 seasonal allotment period, Apollo's seasonal
VOM emissions were greater than 10 tons.
20.
Apollo was required to submit its ERMS baseline application to the
Illinois
EPA no later than December 1, 2004. However, Apollo did not submit their
ERMS baseline application until July 27,2006.
21.
Respondent, by its conduct as alleged herein, violated Section 9.8(b) of the
Act, 415
ILCS 5/9.8(b), and Section 205.310 of the Board Air Pollution Regulations, 35
Ill. Adm. Code
205.310.
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that this Board enter a judgment in favor of Complainant and
against the Respondent, APOLLO PLASTICS CORP, on Count VI:
1.
Authorizing a hearing in this matter at which time Apollo will be required
to answer the allegations herein;
2.
Finding that the Respondent has violated Section 9.8(b)
of the Act, 415
ILCS 5/9.8(b), and Section 205.310 of35 Ill. Adm. Code;
3.
Assessing against the Respondent a civil penalty
of Fifty Thousand
Dollars
($50,000.00) for each violation of the Act and pertinent Board Air Pollution
15
Regulations, and an additional civil penalty of Ten Thousand Dollars ($10,000.00) for
each day
of violation;
4.
Taxing all costs in this action pursuant to Section 42(f) of the Act,
including attorney, expert witness and consultant fees, against the Respondent; and
5.
Granting such other relief as the Board deems appropriate and just.
COUNT VII
FAILURE TO SUBMIT ANNUAL EMISSION REPORTS
1-15. Complainant realleges and incorporates by reference herein paragraphs 1
through
14 of Count
I
and paragraph 15 of Count
N
as paragraphs 1 through 15 of this
Count
VII.
16.
Section 201.302(a) of the Board Air Pollution Regulations, 35 Ill. Adm.
Code
201.302(a), provides as follows:
Reports
(a)
The owner or operator
of any emISSIOn source or air
pollution control equipment shall submit
to the Agency as a
minimum, annual reports detailing the nature, specific source and
total annual quantities
of all specified air contaminant emissions,
provided, however, that the Agency may require more frequent
reports where necessary to accomplish the purposes
of the Act and
this Chapter.
17.
Section 254.137(a) of the Illinois EPA's of Air Pollution Regulations, 35
Ill. Adm. Code 254. 137(a), provides as follows:
(a)
All Annual Emissions Reports are due by May 1
of the year
following the calendar year in which the emissions took place.
18.
Section 254. 132(a) of the Illinois EPA's Air Pollution Regulations, 35 Ill.
Adm. Code 254. 132(a), provides
as follows:
Failure
to file a complete Annual Emissions Report by the
applicable deadlines prescribed in
Section 254.137(a) of this
16
Subpart shall be a violation of this Part and 35 Ill. Adm. Code
201.302(a)
19.
As an owner or operator of emission units and air pollution control
equipment, Apollo is required to submit an Annual Emissions Report to the Illinois
EPA
by May 1 of the year following the calendar year in which the emissions took place.
20.
Apollo submitted the Annual Emission Reports for calendar years 2001
through 2006 on July 27,2007.
21.
Apollo failed to timely submit its annual emissions reports for the calendar
years
2001 through 2006.
22.
By its actions as alleged herein, Apollo has violated Sections 201.302(a),
254.13
7( a) and 254.132( a) of 35 Ill. Adm. Code, and thereby, violated Section 9( a) of the
Act, 415 ILCS 5/9(a).
WHEREFORE, Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that this Board enter a judgment in favor
of Complainant and
against the Respondent,
APOLLO PLASTICS CORP, on Count VII:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2.
Finding that the Respondents have violated Sections 201.302(a),
254. 137(a) and 254. 132(a)
of35 Ill. Adm. Code, and thereby, violated Section 9(a) of the
Act, 415 ILCS 5/9(a);
3.
Assessing against the Respondents a civil penalty of Fifty Thousand
Dollars
($50,000.00) for each violation of the Act and pertinent Board Air Pollution
Regulations, and an additional civil penalty
of Ten Thousand Dollars ($10,000.00) for
each day
of violation;
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4.
Taxing all costs in this action pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f) including attorney, expert witness and consultant fees, against the
Respondents; and
5.
Granting such other relief as the Board deems appropriate and just.
COUNT VIII
FAILURE TO SUBMIT SEASONAL EMISSION REPORTS ("SERs")
1-15. Complainant realleges and incorporates by reference herein paragraphs 1
through 14
of Count I and paragraph 15 of Count VI as paragraphs 1 through 15 of this
Count VIII.
16.
Section 205.300(a) of the Board Air Pollution Regulations, 35 Ill. Adm.
Code 205.300(a), provides as follows:
For each year in which the source is operational, the owner or
operator
of each participating source and new participating source
shall submit,
as a component of its Annual Emissions Report,
seasonal emission information
to the Agency for each seasonal
allotment period after the effective date
of this Part in accordance
with the following schedule:
*
*
*
(2)
For each participating source or new participating
source that generates
VOM emissions from 10 or more
emission units, by November
30 of each year.
17.
Section 254. 137(b) of the Illinois EPA's Air Pollution Regulations, 35 Ill.
Adm. Code 254.137(b), provides
as follows:
b)
Seasonal Emissions Reports must be submitted for the
preceding seasonal allotment period in accordance with the
following schedule:
*
*
*
18
2)
For each participating source or new participating source
that generates
VOM emissions from 10 or more emission units, by
November
30 of each year.
IS.
Section 254. 132(b ) of the Illinois EPA Air Pollution Regulations, 35 Ill.
Adm. Code 254.132(b), provides as follows:
Failure
to file a complete Seasonal Emissions Report by the
applicable deadlines prescribed in
Section 254.13 7(b) of this
Subpart shall be a violation of this Part and 35 Ill. Adm. Code
205.300.
19.
For calendar years 2004 through 2007, Apollo failed to timely submit their
Seasonal Emissions Report to the Illinois
EPA. Apollo submitted Seasonal Emissions
Reports for calendar years
2004-2006 on July 27, 2007, and for calendar year 2007 on
January 29,
200S.
20.
Apollo, by failing to timely submit Seasonal Emission Reports as alleged
hereIn, violated
Section 205.300(b)(2) of the Board Air Pollution Regulations, 35
Ill.205.300(b)(I) and Section 254. 132(b) of the Illinois EPA's Air Pollution Regulations,
35 Ill. Adm. Code 254. 132(b), and, thereby, Section 9.S(b) of the Act, 415 ILCS 5/9.S(b).
WHEREFORE, Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that this Board enter Judgment in favor of Complainant and against
the Respondent,
APOLLO PLASTICS CORP, on Count VIII:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required to answer the allegations herein;
2. Finding that the Respondent has violated Section 205.300(b)(2) of the Board
Air Pollution Regulations,
35 Ill.205 .300(b)(1) and Section 254. 132(b ) of the Illinois
EPA's Air Pollution Regulations, 35 Ill. Adm. Code 254.132(b), and, thereby, Section
9.S(b) of the Act, 415 ILCS 5/9.S(b).
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* * * * * PCB 2009-108 * * * * *
3.
Assessing against the Respondent a civil penalty of Fifty Thousand
Dollars
($50,000.00) for each and every violation of Section 205 .300(b )(2) of the Board
Air Pollution Regulations,
35 Ill.205.300(b )(1) and Section 254. 132(b ) of the Illinois
EPA's Air Pollution Regulations,
35 Ill. Adm. Code 254.132(b), and, thereby, Section
9.8(b) of the Act, 415 ILCS 5/9.8(b), with an additional penalty ofTen Thousand Dollars
($10,000.00) per day for each day of violation;
4.
Taxing against the Respondent, all costs in this action, including attorney,
expert witness and consultant fees; and
5.
Granting such other relief as the Board deems appropriate and just.
COUNT IX
FAILURE TO HOLD ALLOTMENT TRADING UNITS
1-15. Complainant realleges and incorporates by reference herein paragraphs 1
through 14
of Count I and paragraph 15 of Count VI as paragraphs 1 through 15 of this
Count IX.
16.
Section 205.130 of the Board's Air Pollution Regulations, 35 Ill. Adm.
Code
205.130, provides the following definitions:
Definitions
Unless otherwise specified within this Part, the definitions
for the terms used in this Part shall be the same
as those
found in
Section 39.5 of the Act [415 ILCS 5/39.5] and in
35 Ill. Adm. Code 211.
*
*
*
"Allotment Trading Unit (ATU)" means a tradable unit that
represents
200 lbs of VOM emissions and is a limited
authorization
to emit 200 lbs of VOM emissions during the
seasonal allotment period.
*
*
*
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* * * * * PCB 2009-108 * * * * *
"Chicago Ozone Nonattainment Area" means the area
composed
of Cook, DuPage, Kane, Lake, McHenry, and
Will Counties and Aux
Sable Township and Goose Lake
Township in Grundy County and
Oswego Township in
Kendall County.
*
*
*
"Participating source" means a source operating prior to
May
1, 1999, located in the Chicago ozone nonattainment
area, that is required to obtain a
CAAPP permit and has
baseline emissions
of at least 10 tons, as specified in
Section 205.320(a) of this Part, or seasonal emissions of at
least
10 tons in any seasonal allotment period beginning in
1999.
*
*
*
"Transaction Account" means an account authorized by the
Agency or its designee that allows an account officer to buy
or sell
ATUs.
17.
Section 205.150(c)(I) of the Board's Air Pollution Regulations, 35 Ill.
Adm. Code 205.150(c)(1), provides as follows:
At the end
of each reconciliation period, on and after the dates
specified
Section 205.200 of this Part, each participating source
shall:
(1) Hold
ATU's in an amount not less than its YOM emissions
during the preceding seasonal allotment period, except as provided
in
Section 205.220, 205.225, 205.315, 205.320(e)(3) or (f) and
205.750 of this Part;
*
*
*
18.
Apollo's Facility in Chicago, Illinois IS located within Cook County,
Illinois, and is located within the
"Chicago Ozone Nonattainment Area" as that term is
defined in
Section 205.130 of the Board's Air Pollution Regulations, 35 Ill. Adm. Code
205.130.
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19.
Apollo is a "participating source" as this term is defined in Section
205.130
of the Board's Air Pollution Regulations, 35 Ill. Adm. Code 205.130.
20.
Because Apollo is a participating source, it is required to hold
ATU's in its
Transaction Account based on emissions reported in its Seasonal Emission Reports
("SERs").
21.
From the year 2005 through 2007, Apollo did not hold ATU's in its
Transaction Account for an amount not less than the level
ofVOMs emitted.
22.
On July 10, 2008, the Illinois EPA issued a notice to Apollo requiring an
ATU Purchase from ACMA for Excursion Compensation.
23.
For the years
2005 through 2007, by failing to hold ATU's in its
Transaction Account in an amount not less than its actual emissions, Apollo violated
Section 9.8(b)
of the Act, 415 ILCS 5/9.8(b), and Section 205.150(c)(1) of the Board Air
Pollution Regulations,
35 Ill. Adm. Code 205.150(c)(l).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that this Board enter Judgment in favor of Complainant and against
the Respondent,
APOLLO PLASTICS CORP, on Count
IX:
1.
Authorizing a hearing in this matter at which time the Respondent will be
required
to answer the allegations herein;
2.
Finding that the Respondent has violated Section 9.8(b) of the Act, 415
ILCS 5/9.8(b), and Section 205.150(c)(1)
of the Board Air Pollution Regulations, 35 Ill.
Adm. Code 205.150(c)(1).
3.
Ordering the Respondent to provide the Illinois EPA with Emissions
Excursion Compensation in accordance with the July
10, 2008 Notice.
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* * * * * PCB 2009-108 * * * * *
4.
Assessing against the Respondent a civil penalty of Fifty Thousand
Dollars
($50,000.00) for each and every violation of Section 9.8(b) of the Act, 415 ILCS
5/9.8(b), and Section 205.150(c)(1) of the Board Air Pollution Regulations, 35 Ill. Adm.
Code 205.150(c)(1), with an additional penalty
of Ten Thousand Dollars ($10,000.00)
per day for each day of violation;
5.
Taxing against the Respondent, all costs in this action, including attorney,
expert witness and consultant fees; and
6.
Granting such other relief as the Board deems appropriate and just.
Of Counsel:
George D. Theophilos
Assistant Attorney General
Environmental Bureau
69
W. Washington, Suite 1800
Chicago, Illinois 60602
(312) 814-6986
PEOPLE OF THE STATE OF ILLINOIS,
ex reI.
LISA MADIGAN,
Attorney General
of the State of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement!
Asbestos Litigation Division
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CERTIFICATE OF SERVICE
I, RoseMarie Cazeau, an Assistant Attorney General, do certify.that a true and correct
copy
of the Complaint and Notice of Filing were sent by certified mail with return receipt
requested to the persons listed on the Notice
of Filing on May 12, 2009.
BY:
