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