BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF THE
    STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    vs.
    )
    PCB No.10-9
    )
    (Cost Recovery)
    WASTE
    HAULING
    LANDFILL,
    INC.,
    et al.,
    )
    Respondents.
    )
    L
    ‘62009
    NOTICE
    OF FILING
    SThTE
    To:
    ARAMARK
    UNIFORM
    SERVICES,
    INC.
    rc
    C
    T Corporation System
    208 South
    LaSaile St., Suite
    314
    Chicago, IL 60604
    BELL SPORTS,
    INC.
    do John E. Collins
    Husch
    Blackwell Sanders,
    LLP
    190 Carondelet
    Plaza, Suite
    600
    St. Louis, MO 63105
    A. E. STALEY
    MANUFACTURING
    CO.
    do
    Jeryl Olson,
    James
    Curtis
    and Elizabeth
    Leifel Ash
    Seyfarth
    Shaw
    131 South
    Dearborn St., Suite 2400
    Chicago, IL 60603
    BORDEN CHEMICAL
    CO.
    do
    Matthew Larson
    Shook Hardy
    &
    Bacon
    2555 Grand Boulevard
    Kansas
    City, MO 64108
    ARCHER
    DANIELS MIDLAND,
    INC.
    do C T Corporation
    System
    208 South LaSalle St.,
    Suite 814
    Chicago,
    IL 60604
    CATERPIILLAR,
    INC.
    do
    Kevin Desharnais
    and Jennifer
    Simon
    Mayer
    Brown LLP
    71 South
    Wacker Drive
    Chicago,
    IL 60606-4637
    CLIMATE
    CONTROL, INC.
    do
    Edward
    Q.
    Costa
    Samuels,
    Miller, Schroeder, Jackson
    &
    Sly
    1

    P.O. BOX 1400
    225
    N.
    Water Street,
    Suite 301
    Decatur, IL 62525-1400
    COMBE LABORATORIES,
    INC.
    do Theresa
    Duckett
    Locke, Lord
    Bissell
    & Liddell
    111 5.
    Wacker Drive
    Chicago,
    IL
    60606
    P
    &
    H MANUFACTURING,
    INC.
    c/o
    Edward
    Dwyer
    Hodge Dwyer
    &
    Driver
    3150 Roland Avenue
    P.O. Box
    5776
    Springfield, IL
    62705-5776
    TRIPLE
    S
    REFINING
    CORPORATION
    do C T
    Corporation
    System
    208 South
    LaSalle
    St.,
    Suite
    814
    Chicago,
    IL 60604
    GENERAL ELECTRIC
    RAILCAR
    SERVICES
    CORPORATION
    c/o Illinois
    Corporation
    System
    801 Adlai Stevenson
    Drive
    Springfield,
    IL
    62703
    TRINITY RAIL
    GROUP, INC.
    do C T Corporation
    System
    208
    South LaSalle
    St.,
    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
    MOTION
    TO
    AMEND COMPLAINT
    and FIRST AMENDED
    COMPLAINT,
    a
    copy of
    which is attached hereto
    and herewith served
    upon you.
    Respectfully submitted,
    PEOPLE
    OF THE
    STATE
    OF
    ILLINOIS
    LISA MADIGAN,
    Attorney General
    of the
    State
    of Illinois
    MATTHEW
    J, DUNN,
    Chief
    Environmental
    Enforcement/Asbestos
    Litigation Division
    BY:
    500
    South Second
    Street
    Springfield,
    Illinois
    62706
    217/782-9031
    Dated:
    September
    14, 2009
    JAMES L. MORGAN
    Sr.
    Assistant Attorney General
    Environmental
    Bureau
    2

    CERTIFICATE
    OF
    SERVICE
    I hereby
    certify
    that
    I
    did
    on the
    14uI
    day
    of September,
    2009,
    send
    by
    First
    Class Mail,
    with
    postage
    thereon
    fully prepaid,
    a true and
    correct
    copy
    of the instruments
    entitled
    Notice
    of
    Filing,
    Motion
    to
    Amend
    Complaint
    and
    First
    Amended
    Complaint
    TO:
    ARAMARK
    UNIFORM
    SERVICES,
    INC.
    C T Corporation
    System
    E
    208
    South
    LaSalle
    St., Suite
    814
    Chicago,
    IL 60604
    ST
    1
    qy.
    2
    0iItio,.,
    C
    0
    JNOIs
    BELL
    SPORTS,
    INC.
    c/o
    John
    E.
    Collins
    Husch
    Blackwell
    Sanders,
    LLP
    190 Carondelet
    Plaza,
    Suite
    600
    St.
    Louis,
    MO
    63105
    A.
    E.
    STALEY
    MANUFACTURING
    CO.
    do Jeryl
    Olson,
    James
    Curtis
    and
    Elizabeth
    Leifel
    Ash
    Seyfarth
    Shaw
    131
    South
    Dearborn
    St., Suite
    2400
    Chicago,
    IL 60603
    BORDEN
    CHEMICAL
    CO.
    do
    Matthew
    Larson
    Shook
    Hardy
    & Bacon
    2555 Grand
    Boulevard
    Kansas
    City,
    MO
    64108
    ARCHER
    DANIELS
    MIDLAND,
    INC.
    do C T
    Corporation
    System
    208
    South
    LaSalle
    St.,
    Suite
    814
    Chicago,
    IL 60604
    CATERPI
    ILLAR,
    INC.
    do
    Kevin
    Desharnais
    and Jennifer
    Simon
    Mayer
    Brown
    LLP
    71 South
    Wacker
    Drive
    Chicago,
    IL
    606064637
    CLIMATE
    CONTROL,
    INC.
    do
    Edward
    Q.
    Costa
    Samuels,
    Miller,
    Schroeder,
    Jackson
    &
    Sly
    P.O.
    BOX
    1400
    225 N.
    Water
    Street,
    Suite
    301
    Decatur,
    IL
    62525-1400
    3

    COMBE
    LABORATORIES,
    INC.
    do Theresa
    Duckett
    Locke, Lord Bissell
    & Liddell
    111
    S.
    Wacker Drive
    Chicago, IL 60606
    P
    & H MANUFACTURING,
    INC.
    c/o Edward Dwyer
    Hodge
    Dwyer
    & Driver
    3 150
    Roland Avenue
    P.O. Box 5776
    Springfield,
    IL
    62705-5776
    TRIPLE
    S
    REFINING CORPORATION
    do C T Corporation
    System
    208 South
    LaSalle St., Suite
    814
    Chicago, IL 60604
    Carol
    Webb,
    Esq.
    Hearing Officer
    IPCB
    1021 North
    Grand Avenue
    East
    P.O. Box 19274
    Springfield,
    IL 62794-9274
    Service
    is currently
    unavailable
    for:
    WASTE HAUL[NG
    LANDFILL,
    INC.
    JERRY CAMFIELD, SR.
    BRIDGESTONE
    FIRESTONE, INC.
    ZEXEL ILLINOIS,
    INC
    and the
    original
    and ten copies were sent
    to:
    John
    T
    Therriault
    Illinois Pollution
    Control
    Board
    James
    R. Thompson
    Center
    100
    W.
    Randolph, Suite
    11-500
    Chicago,
    IL
    60601
    GENERAL
    ELECTRIC RAILCAR
    SERVICES
    CORPORATION
    do
    Illinois
    Corporation
    System
    801 Adlai
    Stevenson Drive
    Springfield,
    IL 62703
    TRINITY
    RAIL
    GROUP,
    INC.
    do
    C T Corporation
    System
    208 South
    LaSalle
    St.,
    Suite 814
    Chicago,
    IL 60604
    /
    James
    L.Mor
    4
    Assistant
    Attorney
    General
    Environmental
    Bureau/Springfield
    500
    South
    Second Street
    Springfield,
    IL 62706
    4

    BEFORE
    THE ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF
    THE STATE
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    vs.
    )
    PCB No.10-9
    )
    (Cost
    Recovery)
    WASTE
    HAULING
    LANDFILL,
    INC.,
    JERRY
    )
    CO.,
    CAMFIELD,
    ARCHER
    A.
    DANIELS
    E. STALEYMIDLAND,
    MANUFACTURING
    INC.,
    )
    )
    CLER
    c
    oppjc
    v
    ARAMARK
    UNIFORM
    SERVICES,
    INC.,
    BELL
    )
    SPORTS,
    INC.,
    BORDEN
    CHEMICAL
    CO.,
    )
    r
    16
    2009
    BRIDGESTONEIFIRESTONE,
    INC.,
    CLIMATE
    )
    STATE
    OF
    ILIJNOI
    CONTROL,
    !NC,
    CATERPILLAR,
    INC,
    COMUF
    )
    POl1tj
    Control
    Boa%
    LABORATORIES,
    INC., GENERAL
    ELECTRIC
    )
    RAILCAR
    SERVICES
    CORPORATION,
    P
    &
    H
    )
    MAMJFACTURING,
    INC.,
    TRINITY
    RAIL
    )
    GROUP,
    INC.,
    TRIPLE
    S REFINING
    )
    CORPORATION,
    and ZEXEL
    ILLINOIS,
    INC.,
    )
    Respondents.
    MOTION
    TO
    AMEND
    COMPLAINT
    The
    Complainant,
    People
    of the
    State
    of
    Illinois,
    by
    Lisa
    Madigan,
    Attorney
    General of
    the State of
    Illinois,
    asks
    the
    Pollution
    Control
    Board
    of the State
    of Illinois,
    for leave to
    amend the
    Complaint
    and, in
    support
    thereof,
    states as
    follows:
    1.
    Since
    the filing
    of the
    Complaint,
    Petitioner
    has learned
    there
    was
    a typographic
    error
    in
    paragraph 23
    of the
    Complaint.
    2.
    Paragraph
    23
    originally
    alleged
    that:
    23.
    Respondents
    are
    each a
    responsible
    party
    as
    described
    in Section
    22.2(0(1)-
    (2)
    of
    the
    Act, 41
    5
    ILCS
    4/22
    .2(f)( I
    )-(2).
    Respondents
    are each
    liable
    for
    past,
    present, and
    future removal
    costs,
    as
    defined
    by
    the
    Act,
    incurred
    by
    the
    State
    resulting
    or
    arising
    out of the
    releases
    and
    threatened
    releases
    at
    the
    Landfill.
    3.
    A
    reference to
    subparagraph
    (3) of
    Section
    22.2(f)
    of the
    Environmental
    Protection
    Act
    was
    inadvertently
    omitted.
    That
    subparagraph
    imposes
    liability
    for response
    and
    removal
    costs
    upon
    any
    person
    who by
    contract,
    agreement,
    or
    otherwise
    arranged
    for disposal
    or treatment,
    or arranged
    with
    a
    transporter
    for
    transport for
    disposal or
    treatment,
    of such
    hazardous
    substances
    owned
    or
    possessed
    by
    such
    person,
    by any
    other party
    or entity,
    at any facility,
    *
    *
    *,
    owned or
    operated
    by
    another
    party
    or entity and
    containing
    such hazardous
    substances,
    *
    *
    *
    1

    That subparagraph
    was
    included
    in
    the excerpt
    of
    Section 22.2(f)
    quoted in
    paragraph
    20
    of
    the Complaint.
    Paragraph 23
    should have provided
    that:
    23.
    Respondents
    are each
    a
    responsible
    party
    as
    described
    in Section 22.2(f)(1)-(3)
    of
    the Act, 41
    5 ILCS
    4/22.2(f)(1
    )-(3).
    Respondents
    are each liable
    for
    past,
    present,
    and future
    removal
    costs,
    as defined by the
    Act,
    incurred
    by the State
    resulting
    or
    arising
    out
    of the releases
    and
    threatened releases at
    the
    Landfill.
    $
    4.
    Forfurther
    clarification, paragraph
    23
    will now provide
    that:
    23.
    Respondents
    are each
    a
    responsible
    party as described
    in Section
    22.2(0(1),
    (2),
    or
    (3)
    of the Act,
    415
    ILCS
    4122.2(f)( 1), (2),
    or
    (3).
    Respondents
    are each
    liable
    for
    past,
    present, and
    future
    removal
    costs, as defined by the
    Act,
    incurred
    by the State resulting
    or arising
    out of the
    jeleases and tiiicateiieu
    ielees
    at ii
    Laiiai.
    WHEREFORE,
    Complainant prays
    that
    its
    motion
    be granted.
    Respectfully
    submitted,
    PEOPLE
    OF THE
    STATE
    OF ILLINOIS
    LISA
    MADIGAN,
    Attorney General
    of the
    State
    of
    Illinois
    MATTHEW
    J.
    DUNN, Chief
    Environmental
    Enforcement/Asbestos
    Litigation
    Division
    BY:
    7
    JAMES L. MORJ4
    Sr. Assistant
    Attorney
    General
    Environmental Bureau
    500 South
    Second
    Street
    Springfield,
    Illinois 62706
    217/782-9031
    Dated:
    September
    14, 2009
    2

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    MACON
    COUNTY,
    ILLINOIS
    PEOPLE
    OF THE
    STATE
    OF
    ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB NO.
    10-9
    WASTE
    HAULING
    LANDFILL,
    INC.,
    JERRY
    )
    (Cost
    Recovery)
    CAMFIELD,
    A. E. STALEY
    MANUFACTURING
    )
    CO.,
    ARCHER
    DANIELS
    MIDLAND,
    INC.,
    )
    ARAMARK
    UNIFORM
    SERVICES,
    INC.,
    BELL
    )
    SPORTS,
    INC.,
    BORDEN
    CHEMICAL,
    CO.,
    )
    ICE
    BRIDGESTONE/FIRESTONE,
    INC.,
    CLIMATE
    )
    SEP
    6
    2009
    CONTROL,
    INC.,
    CATERPILLAR
    INC.,
    COMBE
    )
    LABORATOIUES4NC,
    GENERAL
    ELECTRIC
    )
    OF
    ILLINOIS
    RAILCAR
    SERVICES
    CORPORATION,P
    &
    H
    )
    Ion
    Control
    8
    oarcJ
    MANUFACTURING,
    INC.,
    TRINITY
    RAIL
    GROUP,
    )
    INC.,
    TRIPLE
    S
    REFINING
    CORPORATION,
    and
    )
    ZEXEL
    ILLINOIS,
    INC.,
    )
    )
    Respondents.
    )
    FIRST
    AMENDED
    COMPLAINT
    Complainant,
    PEOPLE
    OF THE
    STATE
    OF
    ILLINOIS,
    by
    LISA
    MADIGAN,
    Attorney
    General
    of the
    State
    of Illinois,
    complains
    of Respondents,
    WASTE
    HAULING
    lANDFILL,
    INC.,
    JERRY
    CAMFIELD,
    AE
    STALEY
    MANUFACTURING CO.,
    ARCHER
    DANIELS
    MIDLAND,
    INC.,
    ARAMARK
    U1’4IFORM
    SERVICES,
    INC.,
    BELL
    SPORTS,
    INC.,
    BORDEN
    CHEMICAL,
    CO.,
    BRIDGESTONE/FIRESTONE,
    INC.,
    CLIMATE
    CONTROL,
    INC.,
    CATERPILLAR
    INC.,
    COMBE
    LABORATORIES,
    INC.,
    GENERAL
    ELECTRIC
    RAILCAR
    SERVICES
    CORPORATION,
    P
    &
    H
    MANUFACTURING,
    INC.,
    TRIPLE
    S
    REFINING
    CORPORATION,
    TRINITY
    RAIL
    GROUP,
    INC.,
    and
    ZEXEL
    ILLINOIS,
    INC.
    as follows:
    COUNT
    I: COST
    RECOVERY
    1.
    This
    Complaint
    is
    brought
    by
    the Attorney
    General
    on her
    own
    motion
    and
    at
    the request
    of
    the
    Illinois
    Environmental
    Protection
    Agency
    (“Illinois
    EPA”),
    pursuant
    to
    the
    terms
    and
    provisions
    of
    1

    Title
    VIII
    (Sections
    30-34)
    of
    the
    Illinois
    Environmental
    Protection
    Act (“Act”),
    415
    ILCS
    5/30-34
    (2008).
    2.
    The
    Illinois
    EPA
    is
    an
    agency
    of
    the State
    of Illinois
    created
    by
    the
    Illinois
    General
    Assembly
    in Section
    4
    of
    the Act,
    415
    ILCS
    5/4 (2008),
    and charged,
    inter
    alia,
    with
    the
    duty
    of
    enforcing
    the
    Act
    in proceedings
    before
    the
    Illinois
    Pollution
    Control
    Board
    (‘Board
    t
    ).
    3.
    This
    Complaint
    is
    brought
    pursuant
    to
    Section
    22.2(f)-(k)
    of
    the
    Act,
    415
    ILCS
    5/22.2(0-
    (k) (2008).
    1.
    Pes”ornirf.
    Waste
    Ha’1in
    I
    atidf’lL
    Joe..
    is
    cnrnoration
    formerly
    authori7ed
    to
    do
    business
    in
    the
    State
    of Illinois
    and
    is a
    person
    as
    defined
    in
    Section
    3.315
    of
    the Act,
    415
    ILCS
    5/3.315
    (2008).
    Waste
    Hauling
    Landfill,
    Inc.,
    operated
    the
    Waste
    Hauling
    Landfill
    (the
    “Landfill”), a former
    sanitary
    landfill
    located
    in the
    Northwest
    Quarter
    of
    the Northwest
    Quarter
    of Section
    26, Township 16
    North,
    Range
    1
    East
    (Blue
    Mound
    Township),
    Macon
    County,
    Illinois.
    5.
    Respondent,
    Jerry
    Camfield,
    is
    an
    individual
    and
    is a
    person
    as defined
    in
    Section
    3.3
    15
    of the
    Act,
    415
    ILCS
    5/3.3
    15
    (2008).
    Jerry
    Camfield
    owned
    Waste
    Hauling
    Landfill,
    Inc.,
    and
    personally
    directed
    its operations.
    6.
    Respondent,
    A.
    E.
    Staley
    Manufacturing
    Co.,
    is a
    corporation
    authorized
    to
    do
    business
    in
    the
    State
    of
    Illinois
    and
    is
    a
    person
    as
    defined
    in
    Section
    3.315
    of
    the Act,
    415
    ILCS
    5/3.315
    (2008).
    A.
    E.
    Staley
    Manufacturing
    Co.,
    sent wastes
    to
    the Landfill
    during
    its operating
    life
    and
    those
    wastes
    contained
    hazardous
    substances.
    7.
    Respondent,
    Aramark
    Uniform
    Services,
    Inc.,
    is a
    corporation no
    longer
    authorized
    to
    do
    business
    in the
    State
    of Illinois
    and
    is a
    person
    as defined
    in Section
    3.315
    of the
    Act,
    415 ILCS
    5/3.315
    (2008).
    Aramark
    Uniform
    Services
    is
    a
    successor
    to
    Means
    Uniform
    Services,
    Means
    Uniform
    Services
    sent
    wastes
    to
    the
    Landfill
    during
    its operating
    life and
    those
    wastes
    contained
    hazardous
    substances.
    2

    8.
    Respondent,
    Archer
    Daniels
    Midland,
    Inc.,
    is
    a
    corporation
    authorized
    to
    do business
    in
    the State
    of Illinois
    and is a
    person
    as
    defined
    in
    Section
    3.315
    of
    the
    Act, 415
    ILCS
    5/3.3
    15 (2008).
    Archer
    Daniels
    Midland,
    Inc.,
    sent
    wastes
    to the
    Landfill
    during
    its operating
    life
    and those
    wastes
    contained
    hazardous
    substances.
    9.
    Respondent,
    Bell
    Sports,
    Inc.,
    is
    a
    corporation
    authorized
    to
    do
    business
    in the
    State
    of
    Illinois
    and
    is
    a
    person
    as
    defined
    in Section
    3.3
    15
    of the Act,
    415
    ILCS
    5/3.3
    15
    (2008).
    Bell Sports,
    Inc.,
    sent wastes
    to
    the Landfill
    during
    its
    operating
    life and
    those
    wastes
    contained
    hazardous
    substances.
    10.
    Respondent,
    Borden
    Chemical
    Co.,
    is
    a
    corporation
    authorized
    to do
    business
    in
    the
    State
    of
    Illinois
    and is
    a
    person
    as defined
    in
    Section
    3.315 of
    the
    Act, 415
    ILCS
    5/3.315
    (2008).
    Borden
    Chemical
    Co.,
    sent
    wastes
    to the
    Landfill
    during
    its operating
    life
    and
    those
    wastes
    contained
    hazardous
    substances.
    11.
    Respondent,
    Caterpillar
    Inc.,
    is
    a
    corporation
    authorized
    to do business
    in
    the
    State
    of
    Illinois
    and
    is a person
    as
    defined
    in Section
    3.315
    of the
    Act,
    415
    ILCS 5/3.315
    (2008).
    Caterpillar
    Inc.
    sent
    wastes to
    the
    Landfill
    during
    its
    operating
    life
    and
    those
    wastes
    contained
    hazardous
    substances.
    12.
    Respondent,
    Climate
    Control,
    Inc.,
    is
    a
    corporation
    authorized
    to do business
    in the State
    of Illinois
    and
    is
    a
    person
    as
    defined
    in
    Section
    3.3 15
    of the
    Act,
    415 ILCS
    5/3.3
    15
    (2008).
    Climate
    Control,
    Inc.,
    sent
    wastes
    to the
    Landfill
    during
    its
    operating
    life
    and those
    wastes
    contained
    hazardous
    substances.
    13.
    Respondent,
    Combe
    Laboratories,
    Inc.,
    is a
    corporation
    authorized
    to
    do
    business
    in the
    State
    of
    Illinois
    and is
    a
    person
    as defined
    in Section
    3.315
    of the
    Act,
    415
    TLCS
    5/3.315
    (2008).
    Combe
    Laboratories,
    Inc.,
    sent
    wastes
    to
    the
    Landfill
    during
    its
    operating
    life
    and
    those
    wastes
    contained
    hazardous
    substances.
    3

    14.
    Respondent,
    Bridgestone/Firestone
    Inc., is a corporation
    authorized
    to do
    business
    in the
    State of Illinois
    and
    is
    a
    person
    as
    defined in Section
    3,315 of the Act,
    415 ILCS
    5/3.315
    (2008).
    Bridgestone/Firestone
    Inc., is a successor
    to
    Firestone
    Tire
    &
    Rubber
    Company. Firestone
    Tire
    &
    Rubber
    Company,
    sent wastes to
    the Landfill during
    its operating
    life and those wastes
    contained hazardous
    substances.
    15.
    Respondent, General
    Electric
    Railcar
    Services Corporation,
    is a
    corporation
    authorized
    to do
    business in the State of
    Illinois and
    is
    a
    person
    as
    defined in
    Section 3.3
    15
    of the Act, 415 ILCS
    5/3.3 15
    (2008.
    General
    Electric.
    Railcar Seryices
    CorDoration.acquired
    thern Noh
    American
    Car
    Corporation. The
    North American Car
    Corporation
    sent wastes to the
    Landfill during its
    operating
    life
    and those
    wastes
    contained
    hazardous substances.
    16.
    Respondent,
    Triple S Refining
    Corporation,
    is
    a
    corporation
    authorized to do business
    in
    the State of
    Illinois
    and is a person as
    defined in
    Section
    3.3
    15 of
    the Act,
    415 ILCS
    5/3.3 15 (2008).
    Triple
    S
    Refining Corporation
    is a
    successor to
    Kerr-McGee Refining
    Corporation.
    Kerr-McGee
    Refining
    Corporation
    sent
    wastes to
    the
    Landfill
    during
    its operating
    life and those wastes
    contained
    hazardous
    substances.
    17.
    Respondent,
    P
    &
    H
    Manufacturing,
    Inc., is a
    corporation authorized
    to do
    business
    in the
    State
    of Illinois
    and is a person as
    defined in Section
    3.315 of the
    Act, 415
    ILCS
    5/3.315 (2008).
    P
    &
    H
    Manufacturing,
    Inc.,
    sent
    wastes
    to
    the
    Landfill
    during its operating
    life and those wastes
    contained
    hazardous
    substances.
    18.
    Respondent,
    Trinity
    Rail Group, Inc., is
    a
    corporation
    authorized
    to do
    business in the
    State
    of
    Illinois
    and is a
    person as defined
    in Section 3.315 of
    the Act, 415
    ILCS 5/3.315
    (2008). Trinity
    Rail
    Group,
    Inc.,
    acquired
    Thrall
    Car
    Manufacturing
    Co.,
    which had
    previously
    acquired
    the
    rail car
    division
    of
    Portec,
    Inc. Thrall Car
    Manufacturing
    Co. and the
    rail car division
    of Portec, Inc., sent
    wastes
    to the
    Landfill
    during
    its
    operating life
    and
    those wastes
    contained
    hazardous
    substances.
    4

    19.
    Respondent,
    Zexel
    Illinois,
    Inc.,
    is a
    corporation
    authorized
    to do
    business
    in the
    State
    of
    Illinois
    and
    is
    a
    person
    as defined
    in Section
    3.315
    of the Act,
    415
    ILCS
    5/3.3
    15 (2008).
    Zexel
    Illinois,
    Inc.,
    acquired
    Borg-Warner
    Corp.
    Borg-Warner
    Corp.
    sent
    wastes
    to
    the Landfill
    during
    its
    operating
    life
    and
    those wastes
    contained
    hazardous
    substances.
    20.
    Section
    22.2 of
    the Act,
    415 ILCS
    5/22.2
    (2008),
    provides
    that:
    f.
    Notwithstanding any
    other provision
    or rule
    of law, and
    subject
    onJy
    to the
    defenses
    set
    forth
    in subsection
    (j)
    of this
    Section,
    the
    following
    persons
    shall
    be
    liable
    for
    all costs
    of
    removal
    orremedial
    action
    incurrdby
    the
    State of
    Illinois
    or
    any
    unit
    of.local
    government
    as a
    result
    of
    a
    release
    or
    substantial
    threat
    of
    a release
    of a
    hazardous
    substance
    or
    pesticide:
    1.
    the owner
    and
    operator
    of
    a facility
    or
    vessel
    from
    which there
    is
    a release
    or
    substantial
    threat
    of
    a release
    of
    a hazardous
    substance
    or
    pesticide;
    2.
    any
    person
    who
    at
    the time
    of disposal,
    transport,
    storage
    or
    treatment
    of a hazardous
    substance
    or
    pesticide
    owned
    or operated
    the
    facility
    or vessel
    used for
    such
    disposal,
    transport,
    treatment
    or storage
    from
    which
    there
    was
    a
    release
    or
    substantial
    threat
    of
    a
    release
    of
    a
    hazardous
    substance
    or
    pesticide;
    3.
    any person
    who by
    contract,
    agreement,
    or otherwise
    arranged
    for disposal
    or
    treatment,
    or
    arranged
    with
    a
    transporter
    for
    transport
    for
    disposal
    or
    treatment,
    of such
    hazardous
    substances
    owned
    or
    possessed
    by
    such
    person,
    by
    any other
    party
    or entity,
    at
    any facility,
    * *
    *,
    owned
    or operated
    by
    another
    party or
    entity
    and
    containing
    such hazardous
    substances,
    ***
    21.
    The wastes
    and
    other
    materials
    disposed
    of at
    the Landfill
    include
    hazardous
    substances
    as
    defined
    by
    3.14 of
    the
    Act, 415
    ILCS
    5/3.14
    (2008).
    22.
    The
    State
    has
    incurred
    and
    will continue
    to
    incur
    removal
    costs,
    as
    defined
    by the Act,
    associated
    with
    the
    releases
    and
    threatened
    releases
    of
    hazardous
    substances
    at the Facility.
    23.
    Respondents
    are
    each
    a
    responsible
    party
    as
    described
    in Section
    22.2(f)(1),
    (2),
    or (3)
    of
    the
    Act,
    415
    ILCS
    4/22.2(0(1),
    (2),
    or
    (3).
    Respondents
    are each
    liable
    for
    past,
    present,
    and future
    removal
    costs,
    as
    defined
    by
    the Act,
    incurred
    by the
    State
    resulting
    or
    arising
    out
    of the releases
    and
    5

    threatened releases at the Landfill.
    PRAYER FOR RELIEF
    WHEREFORE,
    Complainant, the PEOPLE OF THE STATE
    OF ILLINOIS,
    respectfully
    request
    that the Board enter an order against the Respondents:
    A.
    Authorizing
    a
    hearing
    in this
    matter
    at
    which time the Respondents will be required
    to
    answer the allegations herein;
    B.
    Finding the Respondents, Waste Hauling Landfill,
    Inc., Jerry Camfield, A E Staley
    Manufacturing Co., Archer Daniels Midland, Inc., Aramark Uniform Services,
    Inc.. Bell Sports, Inc.,
    Borden
    Chemical,
    Co., Bridgestone/Firestone
    Inc., Climate Control, Inc., Caterpillar
    Inc.,
    Combe
    Laboratories, Inc., General Electric Railcar Services Corporation, P &
    H Manufacturing, Inc.,
    Triple
    S
    Refining Corporation, and
    Trinity
    Rail Group,
    Inc.,
    to
    be liable for past, present,
    and future removal
    costs, as
    defined
    by
    the Act, incurred by the
    Illinois EPA
    as a
    result of the releases and
    threatened
    releases
    of hazardous substances at the Facility;
    C.
    Finding Respondents, to be liable
    for damages equal to three times
    the past, present, and
    future
    removal costs, as defined by the Act,
    incurred
    by
    the Illinois EPA as a
    result of the releases and
    threatened
    releases of hazardous substances at
    the Facility; because of the
    Respondents’
    refusal
    to
    perform
    the work set forth in the
    Section 4(q) notice issued by
    Illinois EPA;
    D.
    Awarding
    to
    Complainant its
    costs; and
    6

    E.
    Granting
    such
    other
    relief
    as
    the
    Board
    may deem
    appropriate.
    Respectfully
    submitted,
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS
    LISA
    MADIGAN,
    Attorney
    General
    of the
    State
    of Illinois,
    MATTHEW
    J.
    DUNN,
    Chief
    Environmental
    Enforcement/Asbestos
    Litigation
    Division
    /1
    /ii
    r’:___________
    F
    Assistant
    James L.
    Morgan
    Attorney
    f
    General
    Environmental
    Bureau
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    217/524-7506
    Dated:
    7_’Y—
    7

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