IID
    ED
    JUL
    30
    2009
    OFFICE OF THE ATI’ORNEY GENERAL
    STATE
    OF
    ILLINOIS
    STATE OF ILLINOIS
    °‘tiOfl
    Control
    Board
    Lisa Madigan
    ATTORNEY GENERAL
    July 28, 2009
    •John T. Therriault, Assistant Clerk
    Illinois
    Pollution
    Control Board
    James R. Thompson Center, Ste. 1 1-500
    100
    West Randolph
    Chicago, Illinois 60601
    Re:
    People v. Thermogas
    Company, Inc.
    Dear Clerk:
    Enclosed for filing please find
    the
    original
    and ten copies of
    a
    Notice
    of Filing,
    Entry of
    Appearance and Complaint in regard
    to the above-captioned matter. Please
    file the originals
    and
    return
    file-stamped
    copies
    to me
    in
    the enclosed, self-addressed envelope.
    Thank you
    for
    your cooperation and consideration.
    Very truly yours,
    .L
    /AC_
    James
    L.
    Morgaryjl
    Environmental Bureau
    500 South Second
    Street
    Springfield, Illinois
    62706
    (217)
    782-9031
    J
    LM/pjk
    Enclosures
    500 South Second
    Street,
    Springfield,
    Illinois 62706 • (217) 782-1090 • FTY: (877)
    844-5461
    • Fax:
    (217)
    782-7046
    100 West
    Randolph Street,
    Chicago,
    Illinois 60601 • (312)
    814-3000
    • TFY: (800) 964-3013 • Fax: (312) 814-3806
    Infli Prn,. Kf..
    Tii:.,,-.:. LOOl - MIQ’, t90 C,1flIl - m’T-V. (Q77 L1’ O2O • P,. (1Q )O LAIL

    BEFORE THE
    ILLINOIS
    POLLUTION CONTROL
    BOARD
    ECEDVED
    CLER
    OFFICE
    PEOPLE OF THE
    STATE
    OF ILLINOIS,
    )
    JUL
    30
    Jg
    Complainant,
    )
    STATE
    OF
    ILLINOIS
    Pollution
    Control
    Board
    vs.
    )
    PCB
    No.
    IL)
    )
    (Enforcement)
    THERMOGAS
    COMPANY,
    INC.,
    )
    dibla MCLEANSBORO
    THERMOGAS,
    a
    foreign
    corporation,
    )
    )
    Respondent.
    )
    NOTICE OF FILING
    To:
    THERMOGAS
    COMPANY,
    INC.
    d/b/a McLeansboro
    Thermogas
    do
    CT
    Corporation
    System
    208 South
    LaSalle,
    Suite 814
    Chicago,
    IL 60604
    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
    MATTHEWJ. DUNN, Chief
    Environmental
    Enforcement/Asbestos
    Litigation
    Division
    BY:
    /ØL
    JAMES
    L. MOAN
    Sr.
    Assistant
    Attorney General
    Environmental Bureau
    500 South
    Second Street
    Springfield,
    Illinois 62706
    217/782-9031
    Dated: July 28, 2009
    2

    CERTIFICATE
    OF SERVICE
    I hereby
    certify
    that I did
    on
    July 28, 2009,
    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:
    THERMOGAS
    COMPANY,
    INC.
    d/b/a
    McLeansboro
    Thermogas
    do CT Corporation
    System
    208 South LaSalle,
    Suite
    814
    Chicago,
    IL
    60604
    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
    s/JAMES
    .L
    L.
    MORGAN
    /M
    Assistant
    Attorney Gëileral
    This filing is submitted
    on
    recycled paper.

    BEFORE
    THE ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF
    THE
    STATE
    OF ILLINOIS,
    vs.
    Complainant,
    THERMOGAS
    COMPANY,
    INC.,
    dibla
    MCLEANSBORO
    THERMOGAS,
    a
    foreign
    corporation,
    Respondent.
    )
    )
    PCBNo.
    (Enforcemeit)
    )
    )
    CEVE
    CLERK’S
    OFFICE
    JUL
    302009
    STATE
    OF
    ILLINQi
    POIItj
    Controj
    8
    ord
    500
    South Second
    Street
    Springfield,
    Illinois
    62706
    217/782-9031
    Dated:
    July
    28, 2009
    Respectfully
    submitted,
    PEOPLE OF
    THE STATE
    OF ILLINOIS,
    LISA MADIGAN
    Attorney
    General
    of the
    State
    of Illinois
    MATTHEWJ.
    DUNN,
    Chief
    Environmental
    Enforcement/Asbestos
    ation
    Division
    ENTRY
    OF
    APPEARANCE
    On
    behalf
    of
    the
    Complainant,
    PEOPLE
    OF THE
    STATE OF
    ILLINOIS,
    JAMES L.
    MORGAN,
    Sr.
    Assistant
    Attorney
    General
    of
    the
    State of Illinois,
    hereby
    enters
    his
    appearance
    as
    attorney of
    record.
    BY
    ES
    L. MORGAN
    Environmental
    Bureai
    Sr.
    Assistant
    Attorney General

    RE
    0
    BEFORE THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    JUL
    30
    2009
    PEOPLE OF THE STATE
    OF ILLINOIS,
    )
    SThT
    Complainant,
    )
    °ard
    V.
    )
    PCBNO.
    IV
    )
    (Enforcement)
    )
    )
    THERMOGAS COMPANY,
    INC.,
    )
    d/b/a MCLEANSBORO
    THERMOGAS,
    )
    a
    foreign corporation,
    )
    )
    Respondent.
    )
    COMPLAINT
    Complaint, PEOPLE
    OF THE STATE OF
    ILLINOIS, by LISA MADIGAN, Attorney General
    of
    the State of Illinois, complains of the Respondent,
    THERMOGAS COMPANY, INC., d/b/a
    McLeansboro Thermogas,
    a
    foreign
    corporation, as follows:
    COUNT I
    WATER POLLUTION
    1.
    This Complaint
    is brought 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
    3
    1 of the Illinois
    Environmental Protection
    Act (“Act”), 415 ILCS 5/31 (2008).
    2.
    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 (2008), and charged, inter alia, with the
    duty
    of enforcing the
    Act
    in
    proceedings before the Illinois Pollution Control Board (“Board”).
    3.
    This Complaint
    is brought after providing the Respondent with the
    notice
    and the
    opportunities for a
    meeting with
    the Illinois EPA pursuant to Section 3 1 of the Act, 415 ILCS 5/31
    (2008).
    1

    4.
    Respondent,
    Thermogas Company,
    Inc. d/b/a
    McLeansboro
    Thermogas (hereafter
    “Thermogas”), is
    a
    foreign
    corporation.
    5.
    Until the spring
    of 1996,
    Thermogas,
    doing
    business
    as McLeansboro
    Thermogas,
    owned
    and/or
    operated
    a
    liquid
    agricultural-chemical
    facility
    (“facility”)
    near McLeansboro,
    Hamilton
    County,
    Illinois.
    6.
    The
    facility
    is located approximately
    two miles
    south of McLeansboro
    adjacent
    to
    Illinois
    Route
    42.
    7.
    Materials handled
    at the facility included
    alachior and ammonium-nitrate.
    8.
    As a result
    of activities and/or
    actions
    conducted
    by
    Thermogas,
    alachlor
    and
    ammonium-nitrate
    was discharged, spilled,
    leaked, or dumped
    onto
    the ground
    at the facility where
    it
    then infiltrated
    into the groundwater below
    and around the facility
    property.
    9.
    Section 12
    of
    the
    Act, 415 ILCS 5/12
    (2008)
    provides,
    in pertinent part, as follows:
    No
    person shall:
    a.
    Cause, threaten
    or allow the discharge
    of
    any
    contaminants into
    the
    environment
    in any State so as to cause
    or tend
    to cause
    water
    pollution
    in Illinois,
    either
    alone or
    in
    combination
    with matter
    from
    other
    sources,
    or so as to violate
    regulations
    or standards
    adopted
    by the
    Pollution
    Control Board
    under this Act.
    d.
    Deposit any.
    contaminants
    upon
    the land in such place and
    manner so as to
    create
    a water pollution hazard.
    10.
    Section 3.55 of the Act,
    415 ILCS
    5/3.55 (2008), defines
    “water
    pollution”
    as follows:
    ‘WATER
    POLLUTION’ is
    such alteration of
    the
    physical, thermal,
    chemical, biological
    or
    radioactive
    properties of any waters
    of
    the State,
    or
    such
    discharge
    of
    any contaminant
    into any waters
    of the
    State, as
    will or
    is
    likely
    to
    create
    a nuisance
    or render such
    waters
    harmful
    or detrimental or injurious
    to public
    health,
    safety
    or
    welfare,
    or to domestic,
    commercial, industrial,
    agricultural,
    recreational,
    or other
    legitimate
    uses, or to
    livestock,
    wild animals,
    birds, fish,
    or
    other aquatic life.
    11.
    Setion 3.56
    of the Act,
    415
    ILCS 5/3.56
    (2008),
    defines
    “waters”
    as follows:
    2

    ‘WATERS’
    means
    all accumulations
    of water,
    surface
    and underground , natural,
    and
    artificial,
    public
    and private, or
    parts thereof,
    which are wholly
    and partially within
    flow
    through
    or border
    upon this
    State.
    12.
    35111.
    Adm.
    Code 620.420
    (2008) provides
    that:
    a.
    Inorganic
    Chemical
    Constituents
    1)
    Except
    due to natural
    causes
    or
    as provided in Section
    620.450 or
    subsection
    (a)(3) or (d), concentrations
    of the following
    chemical
    constituents
    [sic] must
    not be exceeded
    in Class II groundwater:
    STANDARD
    CONSTITUENT
    (mg/L)
    ***
    Nitrate
    asN
    100
    ***
    b.
    Organic
    Chemical Constituents
    STANDARD
    CONSTITUENT
    (mg/L)
    Alachlor*
    .010
    ***
    *Denotes
    a carcinogen.
    13.
    For
    a
    period of time
    better known oniy
    to
    Thermogas and continuing through the
    date of
    filing of this Complaint, the concentrations
    of nitrate as N and Alachlor
    in
    the groundwater
    at and
    adjacent
    to
    the facility have exceeded
    100 mg/I and 0.10 mg/I, respectively.
    14.
    In April of 1997, Thermogas
    had removed some soil contaminated with nitrates and
    Alachlor from the facility but extensive contamination
    remained.
    15.
    By failing
    to
    control
    the agrichemicals handled at the facility, Thermogas has
    caused or
    threatened
    water
    pollution in
    violation
    of Sections 12(a) and
    (d)
    of
    the Act,
    415
    ILCS
    5/12(a)
    and (d)
    (2008).
    3

    16.
    By failing
    to control
    the agrichemicals
    handled at the facility,
    Thermogas
    has
    caused or
    allowed violations
    of35 Ill. Adm.
    Code 620.420
    (2008)
    and Section 12(a)
    of the
    Act,
    415 ILCS
    5/12(a)
    (2008).
    PRAYER FOR
    RELIEF
    WHEREFORE,
    Complainant,
    the People
    of
    the State of Illinois,
    respectfully requests
    that
    the
    Board enter
    an
    order
    against
    the Respondent, Thermogas
    Company,
    Inc., d/b/a Mc
    Leansboro
    Therm
    ogas:
    A.
    Authorizing
    a
    hearing
    in this
    matter
    at
    which time the
    Respondent will be
    required
    to
    answer the
    allegations herein;
    B.
    Finding
    that 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.
    Assessing
    against Respondent
    a
    civil
    penalty of fifty
    thousand dollars ($50,000)
    for
    each
    violation of the
    Act, and an additional
    penalty
    often thousand
    dollars
    ($10,000) for each
    day
    during
    which
    each violation has
    continued
    thereafter;
    E.
    Awarding
    to
    Complainant its
    costs
    and
    reasonable attorney’s
    fees;
    and
    4

    F.
    Granting
    such
    other
    relief
    as
    the
    Board
    deems
    appropriate.
    Respectfully
    submitted,
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS,
    LISA
    MADIGAN,
    Attorney
    General
    State
    of
    Illinois
    MATTHEW
    J.
    DUNN,
    Chief
    Environmental
    Enforcement/Asbestos
    Litigation
    Division
    BY:________________
    Thomas
    Davis,
    Chief
    Assistant
    Attorney
    General
    Environmental
    Bureau
    Of
    Counsel
    JAMES
    L.
    MORGAN
    Senior
    Assistant
    Attorney
    General
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    217/524-7506
    /
    Dated:________
    thermogas/bd
    5

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