December 27, 2013

Category: Arkansas Environmental, Energy, and Water Law

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Author: Walter G. Wright

The Illinois Attorney General and City of Chicago filed a Complaint for Injunction of Civil Penalties ("Complaint") alleging various violations.

The State of Illinois through its Attorney General and the City of Chicago (collectively, "AG") filed a Complaint for Injunction of Civil Penalties against George J. Beemsterboer, Inc. and Beemsterboer Slag Corp. (collectively, "Beemsterboer") in the Circuit Court of Cook County, Illinois alleging certain environmental violations by a bulk material handling and storage facility located in Chicago, Illinois.

The Complaint alleges that Beemsterboer has been engaged in the storage, handling, screening, loading and unloading petroleum coke, metallurgical coke, iron edged material, pine bark, limestone, quartz, street sweepings and other unpermitted materials and coal at the facility. The Complaint further alleges that unpermitted materials had been shipped to the facility via a river and stored at the facility in uncovered piles exposed to the environment. Additional activities that are alleged include the operation of a screener to separate unpermitted materials and coal by grade along with a conveyor to transfer unpermitted materials and coal within the facility.

The Complaint describes Illinois Environmental Protection Agency inspections which allegedly revealed a variety of materials such as petroleum coke, etc. that were found in large piles. Further, the Complaint alleges that Beemsterboer operated without a state approved operating program designed to control the emission of fugitive particulate matter.

The counts of the Complaint allege:

  • Constructing and modifying emission sources without a permit
  • Operating emission sources without a permit
  • Failure to develop and submit fugitive particulate matter operating program
  • Failure to submit annual and quarterly reports
  • Failure to develop, maintain and submit a PM-10 contingency measure plan
  • Failure to submit annual emission report
  • Failure to pay construction permit application fees
  • Violation of Chicago Municipal Code § 11-4-760(a)
  • Violation of Chicago Municipal Code § 11-4-760(b)
  • Violation of Chicago Municipal Code § 11-4-1500
  • Violation of Chicago Municipal Code § 7-28-080
  • Violation of Chicago Municipal Code § 7-28-090

A copy of the Complaint can be downloaded below.

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