BEFORE THE ILLINOIS POLLUTION CONTOL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
)
E.F. HElL, LLC, an Illinois limited liability )
company,
)
)
Respondent.
)
No. __________ _
NOTICE OF ELECTRONIC FILING
TO: SEE ATTACHED SERVICE LIST
PLEASE
TAKE NOTICE that today, May 20, 2009, I have filed with the Office of the
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.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY,
~_~~
__ _
Assistant Attorney General
Environmental Bureau
69
W. Washington St., Suite 1800
Date: May 20, 2009
Chicago, Illinois 60602
(312) 814-2087
ssylvester@atg.state.il.us
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, May 20, 2009
* * * * * PCB 2009-110 * * * * *
E.F. Heil, LLC
JB Corporate Services, Inc.
Registered Agent
330 N. Wabash Ave., Suite 4000
Chicago, IL 60611
Attorney for Respondent
Bill
S. Forcade
Jenner
& Block LLP
330 N. Wabash Avenue
Chicago, IL
60611-7603
SERVICE LIST
Electronic Filing - Received, Clerk's Office, May 20, 2009
* * * * * PCB 2009-110 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTOL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
~
)
)
E.F. HElL, LLC, an Illinois limited liability )
company,
)
)
Respondent.
)
No. __________ _
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General
of the State of Illinois, on her own motion and at the request of the Illinois
Environmental Protection Agency, complains
of the Respondent, E.F. HElL, LLC, an Illinois
limited liability company,
as follows:
COUNT I
CONDUCTING A WASTE DISPOSAL OPERATION WITHOUT A PERMIT
1.
This Count is brought on behalf of the PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General of the State of Illinois, on her own motion and at the
request
of the Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to Section 31
of the Illinois Eiwironmental Protection Act ("Act"), 415 ILCS 5/31 (2006).
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 (2006), and charged,
inter alia,
with the duty of
enforcing the Act.
3.
At all times relevant to this Complaint,
Respond~nt
E.F. HElL, LLC, ("Heil") was
and is an Illinois limited liability company in good standing with the State of Illinois.
Electronic Filing - Received, Clerk's Office, May 20, 2009
* * * * * PCB 2009-110 * * * * *
4.
At all times relevant to this Complaint, Heil owned and operated a clean
construction and demolition debris
("CCDD") fill operation on approximately 93 acres, located at
CR 089SE, Kankakee, Kankakee County, Illinois ("Site").
5.
On August 8, 2005, Heil applied to the Illinois EPA for interim authorization to
operate a CCDD fill operation at the Site.
6.
On July 10, 2008, the Illinois EPA issued to Heil CCDD Permit No. CCDD2007-
.034 to operate a CCDD fill operation at the Site.
7.
On September 25,2007, the Illinois EPA inspected the Site. At that time, a pile of
painted brick had been deposited at the Site.
8.
Also during the September 25,
2007 inspection, there were concrete blocks with
protruding metal in the fill area
at the Site.
9.
At all times relevant to this Complaint, Heil did not have an Illinois EPA-issued
permit to store, dispose or treat waste at the Site.
10.
Section 21(d)(1)
of the Act, 415 ILCS 5/21(d)(1) (2006), provides as follows:
No person shall:
*
*
*
(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, 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; ...
11.
Section 3.315
of the Act, 415 ILCS 5/3.315 (2006), provides the following
definition:
2
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"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.
12.
Heil, a limited liability company, is a "person," as that term is defined in section
3.315
of the Act, 415 ILCS 5/3.315 (2006).
13.
Section 3.160 of the Act, 415 ILCS 5/3.160 (2006), provides, in pertinent part, the
following definition:
Construction or demolition debris
(a)
"General construction or demolition debris" means non-hazardous,
uncontaminated materials resulting from the construction, remodeling,
repair, and demolition of utilities, structures, and roads, limited to the
following: bricks, concrete,
and other masonry materials; soil; rock; wood,
including non-hazardous painted, treated,
and coated wood and wood
products; wall coverings; plaster; drywall; plumbing fixtures; non-asbestos
insulation; roofing shingles
and other roof coverings; reclaimed or other
asphalt pavement; glass; plastics that are not sealed in a manner that
conceals waste; electrical wiring and components containing no
hazardous substances; and piping or metals incidental to any of those
materials.
*
*
*
(b)
"Clean construction or demolition debris" means uncontaminated
broken concrete without protruding metal bars, bricks, rock, stone,
reclaimed
or other asphalt pavement, or soil generated from
construction
or demolition activities ....
14.
Section 3.290 of the Act, 415 ILCS 5/3.290 (2006), provides the following
definition:
"Municipal waste" means garbage, general household and commercial waste,
industrial
lunchroom or office waste, landscape waste, and construction or
demolition debris.
15.
Section 3.535
of the Act, 415 ILCS 5/3.535 (2006), provides the following
3
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* * * * * PCB 2009-110 * * * * *
--~------
---------------------------------------------,
definition:
"Waste" means any garbage, sludge from a waste
treatment plant, water supply
treatment plant, or air pollution control facility 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 ...
16.
Section 3.185
of the Act, 415 ILCS 5/3.185 (2006), provides the following
definition:
'''Disposal'' means
the discharge, deposit, injection, dumping, spilling, leaking or
placing of any waste or hazardous waste into or on any land or water or into any
well so
that such waste or hazardous waste or any constituent thereof may enter the
environment or be emitted into the air or discharged into any waters, including
ground waters.
17.
Section
3.540 of the Act, 415 ILCS 5/3.540 (2006), provides the following
definition:
"Waste disposal site" is a site on which solid waste is disposed.
18.
The pile of painted brick and concrete blocks with protruding metal in the fill area
at the
Site constitute "general construction or demolition debris," ("GCDD") as that term is
defined in section 3.160(a) of the Act, 415 ILCS 5/3. 160(a) (2006).
19.
The GCDD, in the form of painted brick and concrete blocks with protruding
metal in the fill area at the Site, which had been deposited, dumped, and/or accumulated at the
Site constitutes "municipal waste," as that term is defined in Section 3.290 of the Act, 415 ILCS
5/3.290 (2006).
20.
The pile of painted brick and concrete blocks with protruding metal in the fill area,
which
had been deposited, dumped, and/or accumulated at the Site constitutes "waste," as that
term is defined in 3.535 of the Act, 415 ILCS 5/3.535 (2006).
4
Electronic Filing - Received, Clerk's Office, May 20, 2009
* * * * * PCB 2009-110 * * * * *
21.
Dumping, depositing, or placing both the painted brick and concrete blocks with
protruding metal in the fill area constitutes
"disposal," as that term is defined in Section 3.185 of
the Act, 415 ILCS 5/3.185 (2006).
22.
Heil's Site, where Heil caused or allowed the disposal of a pile of painted brick and
concrete blocks with protruding metal in the fill area constitutes a "waste disposal site," as that
term is defined in Section 3.540 of the Act, 415 ILCS 5/3.540 (2006).
23.
From a date better known to Heil, and on at least September 25, 2007, to a date
better known by Heil, by disposing
of waste, in the form of a pile of painted brick and concrete
blocks with protruding metal in the fill area, without an Illinois
EPA-issued permit to store,
dispose
or treat waste at the Site, Heil violated Section 21(d)(1) of the Act, 415 ILCS 5/21(d)(1)
(2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests
that the Illinois Pollution Control Board ("Board") enter an order against the
Respondent, E.F. HElL, LLC,
as follows:
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 21(d)(1) of the Act, 415 ILCS
5/21(d)(1) (2006);
3.
Ordering the Respondent to cease and desist from any further violations of Section
21(d)(1) of the Act, 415 ILCS 5/21(d)(1) (2006);
4.
Assessing against the Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each and every violation of Section 21(d)(1) of the Act, 415 ILCS 5/21(d)(1)
5
Electronic Filing - Received, Clerk's Office, May 20, 2009
* * * * * PCB 2009-110 * * * * *
(2006), with an additional penalty ofTen Thousand Dollars ($10,000.00) against the Respondent
for each day of violation;
5.
Ordering the Respondent, pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f)
(2006), to pay all costs expended by the State in its pursuit of this action, including attorney,
expert witness,
and consultant fees; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT II
FAILURE
TO DETERMINE IF WASTE WAS HAZARDOUS OR SPECIAL
1-21. Complainant realleges and incorporates herein by reference paragraphs 1 through 9
and paragraphs 11 through 22 of Count I as paragraphs 1 through 21 of this Count II.
22.
Section 21(e) of the Act, 415 ILCS 5/21(e) (2006), provides as follows:
No person shall:
*
*
*
(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 requirement of this Act, and of regulations and
standards thereunder.
23.
Section
BOB.
12l(a) of the Board Waste Disposal Regulations, 35 Ill. Adm. Code
BOB.
12l(a), provides as follows:
Generator Obligations
a)
Each person who generates waste shall determine whether the waste
is a special waste.
24.
Section 3.205 of the Act, 415 ILCS 5/3.205 (2006), provides the following
definition:
"Generator" means any person whose act or process produces waste.
6
Electronic Filing - Received, Clerk's Office, May 20, 2009
* * * * * PCB 2009-110 * * * * *
25.
By accepting waste, in the form of painted brick, at its Site Heil was a "generator,"
as that term is defined in Section 3.205 of the Act, 415 ILCS 5/3.205 (2006).
26.
From a date better known to Heil, and on at least September 25, 2007, to a date
better known by Heil, Heil failed to make a determination whether the waste in the form
of
painted brick it accepted at the Site was special waste.
27.
By failing to make a determination whether the waste, in the form of painted brick,
was special waste, Heil violated Section
BOB.
121(a) of the Board Waste Disposal Regulations, 35
Ill. Adm. Code
BOB.121(a).
2B.
Section 722.111 of the Board Waste Disposal Regulations, 35 Ill. Adm. Code
722.111, provides as follows:
A person
that generates a solid waste, as defined in 35 Ill. Adm. Code 721.102,
must determine if that waste is a hazardous waste using the following method:
a) The person should first determine if the waste is excluded from regulation under
35 Ill. Adm. Code 721.104.
b)
The person should then determine if the waste is listed as a hazardous waste in
Subpart D
of 35 Ill. Adm. Code 721.
c) For purposes of compliance with 35 Ill. Adm. Code
72B,
or if the waste is not
listed as a hazardous waste in Subpart D of 35 Ill. Adm. Code 721, the generator
must
then determine whether the waste is identified in Subpart C of 35 Ill. Adm.
Code 721 by either
of the following methods:
1)
Testing the waste according to the methods set forth in Subpart C of 35
Ill. Adm. Code 721,
or according to an equivalent method approved by the
Board
under 35 Ill. Adm. Code 720.121; or
2) Applying knowledge of the hazard characteristic of the waste in light of
the materials or processes used.
d)
If the generator determines that the waste is hazardous, the generator must refer
to 35 Ill. Adm. Code 724 through
728,733, and 739 for possible exclusions or
restrictions pertaining to the management of the specific waste.
7
Electronic Filing - Received, Clerk's Office, May 20, 2009
* * * * * PCB 2009-110 * * * * *
29.
Section 721.102 of the Board Waste Disposal Regulations, 35 Ill. Adm. Code
721.102, provides the following definition:
a)
Solid waste.
1)
A solid waste is any discarded material that is not excluded by
Section 721.104(a)
or that is not excluded pursuant to 35 Ill. Adm.
Code 720.130 and 720.131.
2)
A discarded material is any material that is described as follows:
A)
Abandoned, as explained in subsection (b) of this Section;
*
*
*
b)
A material is a solid waste if it is abandoned in one of the following ways:
1)
It
is disposed of;
2)
It
is burned or incinerated; or
3)
It
is accumulated, stored, or treated (but not recycled) before or in
lieu
of being abandoned by being disposed of, burned, or
incinerated.
30.
The waste in the form of painted brick that was accepted at the Site is a "solid
waste," as that term is defined in Section 721.102 of the Board Waste Disposal Regulations, 35 Ill.
Adm.
Code 721.102.
31.
From a date better known to Heil, and
on at least September 25, 2007, to a date
better known by Heil, Heil failed to make a determination whether the solid waste, in the form of
painted brick, it accepted at the Site was a hazardous waste.
32.
By failing to make a determination whether the solid waste, in the form of painted
brick, it accepted at the
Site was a hazardous waste, Heil violated Section 722.111 of the Board
Waste Disposal Regulations, 35 Ill. Adm.
Code 722.111,
8
Electronic Filing - Received, Clerk's Office, May 20, 2009
* * * * * PCB 2009-110 * * * * *
33.
As alleged herein, by violating Sections 722.111 and 808. 12l(a) of the Board Waste
Disposal Regulations, 35 Ill. Adm. Code 722.111 and
808. 12l(a), Heil thereby violated Section
21(e)
of the Act, 415 ILCS 5/21(e) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, E.F. HElL, LLC,
as follows:
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 21 (e) of the Act, 415 ILCS
5/21(e)
(2006), and Sections 722.111 and 808. 121(a) of the Board Waste Disposal Regulations, 35
Ill. Adm. Code 722.111 and 808. 121(a);
3.
Ordering the Respondent to cease and desist from any further violations of Section
21(e)
of the Act, 415 ILCS 5/21(e) (2006), and Sections 722.111 and 808. 121(a) of the Board
Waste Disposal Regulations, 35 Ill. Adm. Code 722.111 and
808. 12l(a);
4.
Assessing against the Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each and every violation of Section 21(e) of the Act, 415 ILCS 5/21(e) (2006),
and Sections 722.111 and 808.121(a) of the Board Waste Disposal Regulations, 35 Ill. Adm. Code
722.111 and
808. 12l(a), with an additional penalty of Ten Thousand Dollars ($10,000.00) against
the Respondent for each day
of violation;
5.
Ordering the Respondent, pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f)
(2006), to pay all costs expended by the State in its pursuit of this action, including attorney,
expert witness, and consultant
fees; and
6.
Granting such other relief as the Board deems appropriate and just.
9
Electronic Filing - Received, Clerk's Office, May 20, 2009
* * * * * PCB 2009-110 * * * * *
COUNT III
DISPOSING OF NON.CLEAN CONSTRUCTION OR DEMOLITION DEBRIS
WASTE AT
THE SITE
1.21. Complainant realleges and incorporates herein by reference paragraphs 1 through 9
and paragraphs 11 through 22 of Count I as paragraphs 1 through 21 of this Count Ill.
22.
Section 22.51(a) of the Act, 415 ILCS 5/22.51(a) (2006), provides as follows:
Clean Construction or Demolition Debris Fill Operations.
(a)
No person shall conduct any clean construction or demolition debris fill
operation in violation
of this Act or any regulations or standards adopted
by
the Board.
23.
Section
1100.201(a) of the Board CCDD Regulations, 35 Ill. Adm. Code
1100.201(a), provides as follows:
Section
1100.201
Prohibitions
a)
No person shall conduct any CCDD fill operation in violation of the Act
or any regulations or standards adopted by the Board.
24.
Section
1100.205 of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.205,
provides, in pertinent part, as follows:
Section
1100.205
Load Checking
The owner or operator must institute and conduct a load checking program
designed
to detect attempts to dispose of waste at the facility. At a minimum, the
load checking program
must consist of the following components:
*
*
*
f)
If material other than CCDD is discovered to be improperly accepted or
deposited at the facility, the owner or operator must remove and properly
dispose
of the material.
g)
The owner or operator "must ensure that all appropriate facility personnel
are properly trained in
the identification of material that is not CCDD.
25.
Section 1100.103 of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.103,
10
Electronic Filing - Received, Clerk's Office, May 20, 2009
* * * * * PCB 2009-110 * * * * *
provides the following definitions:
Except
as stated in this Section, or unless a different meaning of a word or term is
clear from the context, the definition of words or terms in this Part will be the same
as that applied to the same words or terms in the Environmental Protection Act
[415
ILCS 5]:
*
*
*
"Operator" means a person responsible for the operation and maintenance of a
CCDD fill operation.
"Owner" means a person who has any direct or indirect interest in a CCDD fill
operation
or in land on which a person operates and maintains a CCDD fill
operation. A
"direct or indirect interest" does not include the ownership of
publicly traded stock. The "owner" is the "operator" if there is no other person who
is operating and maintaining a CCDD fill operation.
*
*
*
26.
Heil is both an "operator" and an "owner" of the Site, as those terms are defined in
Section
1100.103 of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.103.
27.
From a date better known to Heil, and on at least September 25,2007, to a date
better known by Heil, Heil accepted for disposal at the
Site waste in the form of a pile of painted
brick and concrete blocks with protruding metal in the fill area.
28.
By accepting for disposal at the Site waste in the form of pile of painted and
concrete blocks with protruding metal in the fill area, Heil violated Section 1100.205(f) of the
Board
CCDD Regulations, 35 Ill. Adm. Code 1100.205(f), and thereby violated Section
1l00.201(a) of the Board CCDD Regulations, 35 Ill. Adm. Code 1l00.201(a). ,
29.
From a date better known to Heil, and on at least September 25, 2007, to a date
better known by Heil, Heil failed to ensure
that all appropriate facility personnel at the Site were
properly trained in the identification
of material that was not CCDD.
11
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* * * * * PCB 2009-110 * * * * *
30.
By failing to ensure that all appropriate facility personnel at the Site were properly
trained in the identification
of material that was not CCDD, Heil violated Section 1100.205(g) of
the Board CCDD Regulations, 35 Ill. Adm. Code 1100.205(g), and thereby violated Section
1100.201(a) of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.201(a).
31.
By violating Sections 1l00.201(a) andl100.205(t) and (g) of the Board CCDD
Regulations, 35 Ill. Adm. Code 1100.201(a) and 1100.205(f) and (g), Heil thereby violated Section
22.51(a)
of the Act, 415 IlCS 5/22.51(a) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, E.F.
HEll, llC, as follows:
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 22.51(a) of the Act, 415 IlCS
5/22.51(a) (2006), and Sections 1l00.201(a) and 1l00.205(f) and (g) of the Board CCDD
Regulations, 35 Ill. Adm. Code 1100.201(a) and 1100.205(f) and (g);
3.
Ordering the Respondent to cease and desist from any further violations of Section
22.51(a)
of the Act, 415 IlCS 5/22.51(a) (2006), and Sections 1l00.201(a) and 1l00.205(f) and
(g) of the Board CCDD Regulations, 35 Ill. Adm. Code 1l00.201(a) and 1l00.205(f) and (g);
4.
Assessing against the Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each and every violation of Section 22.51(a) of the Act, 415 IlCS 5/22.51(a)
(2006), and Sections 1100.201(a) and 1100.205(f) and (g) of the Board CCDD Regulations, 35 Ill.
Adm. Code
1100.201(a) and 1100.205(f) and (g), with an additional penalty ofTen Thousand
Dollars
($10,000.00) against the Respondent for each day of violation;
12
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* * * * * PCB 2009-110 * * * * *
5.
Ordering the Respondent, pursuant to Section 42(f) of the Act, 415 ILCS
S/42(f)
(2006), to pay all costs expended by the State in its pursuit of this action, including attorney,
expert witness,
and consultant fees; and
6.
Granting such other relief as the Board deems appropriate and just.
COUNT IV
FAILURE TO USE A PHOTO IONIZATION DETECTOR
OR OTHER EQUIVALENT DEVICE TO CHECK ALL INCOMING LOADS
1-24. Complainant realleges and incorporates herein by reference paragraphs 1 through 9
and paragraphs 11 through 22 of Count I and paragraphs 23, 25, and 26 of Count III as
paragraphs 1 through 24 of this Count IV.
25.
Section 22.S1(c) of the Act, 415 ILCS
S/22.S1(c)
(2006), provides as follows:
Clean Construction or Demolition Debris Fill Operations.
(c) In accordance with Title VII of this Act, the Board may adopt regulations to
promote the purposes of this Section. The Agency shall consult with the mining
and construction industries during the development of any regulations to promote
the purposes of this Section.
(1)
No later than December 15, 2005, the Agency shall propose to the
Board, and no later than September 1, 2006, the Board shall adopt,
regulations for the use
of clean construction or demolition debris as fill
material
in current and former quarries, mines, and other excavations. Such
regulations shall include, but shall not be limited to, standards for clean
construction
or demolition debris fill operations and the submission and
review of permits required under this Section.
(2)
Until the Board adopts rules under subsection (c)(l) of this Section, all
persons using clean construction
or demolition debris as fill material in a
current or former quarry, mine, or other excavation shall:
(A) Assure that only clean construction or demolition debris is
being used as fill material by screening each truckload of material
received using a device approved by
the Agency that detects volatile
organic compounds.
Such devices may include, but are not limited
to,
photo ionization detectors. All screening devices shall be
operated and maintained in accordance with manufacturer's
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specifications. Unacceptable fill material shall be rejected from the
site;
26.
Section
1100.204 of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.204,
provides as follows:
Section
1100.204
Operating Standards
c)
Equipment
Equipment
must be maintained and available for use at the facility during
all hours of operation, so as to achieve and maintain compliance with the
requirements of this Part.
27.
Section 1100.205 of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.205,
provides, in pertinent part, as follows:
Section
1100.205
Load Checking
The owner or operator must institute and conduct a load checking program
designed
to detect attempts to dispose of waste at the facility. At a minimum, the
load checking program
must consist of the following components:
a)
Routine Inspections
1)
An inspector designated by the facility must inspect every load
before its acceptance at
the facility utilizing an elevated structure, a
designated
ground level inspection area, or another acceptable method as
specified in the Agency permit. In addition to a visual inspection, the
inspector must use an instrument with a photo ionization detector utilizing
a lamp
of 10.6 e V or greater or an instrument with a flame ionization
detector,
or other monitoring devices approved by the Agency, to inspect
each load. All instruments shall be interpreted based on the manufacturer's
margin
of error. Any reading in excess of background levels using any of
these instruments must result in die rejection of the inspected load. In
addition, any reading in excess of background levels on any monitoring
device used by the Agency during an Agency inspection must result in the
rejection of the inspected load.
*
*
*
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c)
Documentation of Inspection Results
The documentation for each inspection must include, at a minimum, the
following:
*
*
*
2)
The results of the routine inspection required under subsection (a)
of this Section, including, but not limited to, the monitoring
instruments used, whether the load was accepted
or rejected, and
for rejected loads the reason for the rejection;
28.
On September 25,2007, the Illinois EPA inspected the Site. At that time, Heil was
not using a photo ionization detector
(UPID~')
utilizing a lamp of 10.6 electron volts (U
e
V")
or
greater or an instrument with a flame ionization detector (UFID"), or other Illinois EPA-approved
monitoring device to inspect each incoming load at the Site.
29.
From a date better known to Heil, and
on at least September 25, 2007, to a date
better
known by Heil, Heil failed to maintain and make available for use at the facility a PID
utilizing a lamp of 1O.6eV or greater or an instrument with a FID, or other Illinois EPA-approved
monitoring device to inspect each incoming load at the Site.
30.
By failing to maintain and make available for use at the facility a PID or utilizing a
lamp
of 1O.6eV or greater or an instrument with a FID, or other Illinois EPA-approved monitoring
device
to inspect each incoming load at the Site, Heil violated Section 1100.205(a)(I) of the Board
CCDD Regulations, 35 Ill. Adm. Code 1l00.205(a)(l), and thereby violated Section 1l00.201(a)
of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.201(a).
31.
From a date better known to Heil, and on at least September 25, 2007, to a date
better
known by Heil, Heil failed to conduct routine inspections of each incoming load at the Site
by failing
to use a PID utilizing a lamp of 10.6eV or greater, or an instrument with a FID, or other
Illinois EPA-approved monitoring device to inspect each incoming load at the Site.
15
Electronic Filing - Received, Clerk's Office, May 20, 2009
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32.
By failing to conduct routine inspections of each incoming load at the Site by
failing to use a
PID utilizing a lamp of 10.6eV or greater, or an instrument with a FID, or other
Illinois
EPA-approved monitoring device to inspect each incoming load at the Site, Heil violated
Section 1100.205(c)(2)
of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.205(c)(2), and
thereby violated Section
1l00.201(a) of the Board CCDD Regulations, 35 Ill. Adm. Code
1100.201(a).
33.
By violating Sections 1100.201(a) and 1100.205(a)(1) and (c)(2) of the Board
CCDD Regulations, 35
Ill.
Adm. Code 1100.201(a) and 1100.205(a)(1) and (c)(2), Heil thereby
violated Section 22.51(a) and
(c) of the Act, 415 ILCS 5/22.51(a) and (c) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, E.F. HElL, LLC,
as follows:
1.
Authorizing a hearing in this matter at which time the Respondent will be required c
to answer the allegations hereinj
2.
Finding that the Respondent has violated Section 22.51(a) and (c) of the Act, 415
ILCS 5/22.51(a) and
(c) (2006), and Sections 1l00.201(a) and 1l00.205(a)(1) and (c)(2) of the
Board
CCDD Regulations, 35
Ill.
Adm. Code 1l00.201(a) and 1l00.205(a)(1) and (c)(2)j
3.
Ordering the Respondent to cease and desist from any further violations of Section
22.51(a) and
(c) of the Act, 415 ILCS 5/22.51(a) and (c) (2006), and Sections 1100.201(a) and
1100.205(a)(1) and (c)(2) of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.201(a) and
1100.205(a)(1) and
(c)(2)j
4.
Assessing against the Respondent a civil penalty of Fifty Thousand Dollars
($50,000.00) for each and every violation of Section 22.51 (a) and (c) of the Act, 415 ILCS
16
Electronic Filing - Received, Clerk's Office, May 20, 2009
* * * * * PCB 2009-110 * * * * *
5/22.51(a) and (c) (2006), and Sections 1l00.201(a) and 1l00.205(a)(1) and (c)(2) of the Board
CCDD Regulations, 35 Ill. Adm. Code 1100.201(a) and 1100.205(a)(1) and (c)(2), with an
additional penalty
ofTen Thousand Dollars ($10,000.00) against the Respondent for each day of
violation;
5.
Ordering the Respondent,
pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f)
(2006), to pay all costs expended by the State in its pursuit of this action, including attorney,
expert witness, and consultant fees; and
6.
Granting such
other relief as the Board deems appropriate and just.
COUNT V
FAILURE TO CONDUCT DAILY DISCHARGE INSPECTIONS
1-27. Complainant realleges and incorporates herein by reference paragraphs 1 through 9
and paragraphs 11 through 22 of Count I and paragraphs 22, 23, 25, and 26 of Count
III,
and
paragraphs
25 and 28 of Count IV as paragraphs 1 through 27 of this Count
V.
28.
Section 1100.205(b)(1) of the Board CCDD Regulations, 35
Ill.
Adm. Code
1100.205(b)(1), provides as follows:
b)
Random Inspections
1)
In addition to the inspections required under subsection (a) of this
Section, an inspector designated by the facility
must conduct a discharge
inspection
of at least one randomly selected load delivered to the facility
each day.
The driver of the randomly selected load must be directed to
discharge the load at a separate, designated location within the facility. The
inspector must conduct an inspection of the discharged material that
includes, but is not limited to, additional visual inspection and additional
instrument testing using the instruments required under subsection (a)(1)
of this Section. All instruments shall be interpreted based on the
manufacturer's margin
of error. Any reading in excess of background levels
using any of these instruments must result in the rejection of the inspected
load.
In addition, any reading in excess of background levels on any
monitoring device used by the Agency during
an Agency inspection must
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* * * * * PCB 2009-110 * * * * *
result in the rejection of the inspected load.
29.
Section
1100.205(c)(3) of the Board CCDD Regulations, 35 Ill. Adm. Code
1100.205(c)(3), provides as follows:
c)
Documentation of Inspection Results
The documentation for each inspection must include, at a minimum, the
following:
*
*
*
3)
The results of any random inspection required under subsection (b)
of this Section, including, but not limited to, the monitoring
instruments used, whether the load was accepted
or rejected, and
for rejected loads the reason for the rejection; and
*
*
*
30.
On September 25, 2007, the Illinois EPA inspected the Site. At that time, Heil did
not have any documentation that Heil conducted a discharge inspection of at least one randomly
selected load delivered
to the Site each day.
31.
From a date better known to Heil, and
on at least September 25, 2007, to a date
better known by Heil, Heil failed
to conduct and document "a discharge inspection of at least one
randomly selected load delivered to the Site each day using a
PID utilizing a lamp of 10.6eV or
greater, or an instrument with a FID, or other Illinois EPA-approved
mo~ito~ing
device.
32.
By failing to conduct and document a discharge inspection of at least one randomly
selected load delivered
to the Site each day using a PID utilizing a lamp of 1O.6e V or greater, or an
instrument with a FID, or other Illinois EPA-approved monitoring device, Heil violated Section
1100.205(b)(l) and (c)(3) of the Board CCDD Regulations, 35 Ill. Adm. Code 1100. 205(b)(1) and
(c)(3),
and thereby violated thereby violated Section 1100.201(a) of the Board CCDD Regulations,
35 Ill. Adm.
Code 1100.201(a).
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33.
By violating Sections 1100.201(a) and 1100.205(b)(1) and (c)(3) of the Board
CCDD Regulations, 35 Ill. Adm. Code 1100.201(a) and 1100.205(b)(1) and (c)(3), Heil thereby
violated Section 22.51(a)
and (c) of the Act, 415 IlCS 5/22.51(a) and (c) (2006).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondent, E.F.
HEll, llC, as follows:
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 22.51(a) and (c) of the Act, 415
IlCS 5/22.51(a) and (c) (2006), and Sections 1100.201(a) and 1100.205(b)(1) and (c)(3) of the
Board
CCDD Regulations, 35 Ill. Adm. Code 1100.201(a) and 1100.205(b)(1) and (c)(3);
3.
Ordering the Respondent to cease
and desist from any further violations of Section
22.51(a)
and (c) of the Act, 415 IlCS 5/22.51(a) and (c) (2006), and Sections 1100.201(a) and
1100.205(b)(1) and (c)(3) of the Board CCDD Regulations, 35 Ill. Adm. Code 1100.201(a) and
1100.205(b)(1) and (c)(3);
4.
Assessing against the Respondent a civil penalty
of Fifty Thousand Dollars
($50,000.00) for each and every violation of Section 22.51(a) and (c) of the Act, 415 IlCS
5/22.51(a) and (c) (2006), and Sections 1100.201(a) and 1100.205(b)(I) and (c)(3) of the Board
CCDD Regulations, 35 Ill. Adm. Code 1100.201(a) and 1100.205(b)(1) and (c)(3), with an
additional penalty
of Ten Thousand Dollars ($10,000.00) against the Respondent for each day of
violation;
5.
Ordering the Respondent,
pursuant to Section 42(f) of the Act, 415 IlCS 5/42(f)
(2006), to pay all costs expended by the State in its pursuit of this action, including attorney,
19
Electronic Filing - Received, Clerk's Office, May 20, 2009
* * * * * PCB 2009-110 * * * * *
expert witness, and consultant fees; and
6.
Granting such other relief as the Board deems appropriate and just.
Of Counsel:
STEPHEN] . SYLVESTER
Assistant Attorney General
Environmental Bureau
North
69 W. Washington St., Suite 1800
Chicago, Illinois 60602
(312) 814-2087
ssylvester@atg.state.il.us
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General of the
State of Illinois
MATTHEW]. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
'-.
Environm
ureau North
Assistant Attorney General
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CERTIFICATE OF SERVICE
I,
Stephen]. Sylvester, 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 20, 2009.
BY:
Electronic Filing - Received, Clerk's Office, May 20, 2009
* * * * * PCB 2009-110 * * * * *
