pillsbury mills community meeting - springfield, illinois · 2016. 5. 5. · pillsbury...
TRANSCRIPT
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Pillsbury Mills Community Meeting Illinois Environmental Protection Agency ∙ Illinois Attorney General
January 26, 2016
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Presentation Overview
1. Asbestos legal framework
2. Pillsbury Mills demolition
3. State’s enforcement action
4. Community Questions
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Part 1 – Asbestos
Overview and Regulation
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Asbestos—Generally
Amosite asbestos fibers Source: USGS Denver Microbeam Laboratory
• Naturally occurring silicate minerals
• Long, thin fibrous
crystals composed of millions of microscopic “fibrils”
• Ambient levels found naturally in air and soil
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Asbestos—Potential Hazard
“Exposure to asbestos can occur when asbestos-containing material (man-made or natural) is disturbed releasing asbestos fibers into the air.”
“Asbestos that is embedded or contained in undisturbed solid materials presents a negligible risk of exposure.”
—Agency for Toxic Substances and Disease Registry
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Asbestos—Regulation Sources
Federal Law
Clean Air Act – Classifies asbestos as a “hazardous
air pollutant”
– Gives U.S. EPA authority to develop National Emission Standards for Hazardous Air Pollutants (NESHAP)
Asbestos NESHAP Regulations – Requires emission control
procedures and proper disposal for particular types of demolitions or renovations where asbestos-containing material is involved
Illinois State Law
Environmental Protection Act – Requires compliance with the
federal Clean Air Act and the procedures required by the Asbestos NESHAP regulations
– Prohibits air pollution
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Asbestos—State Agency Roles Illinois Environmental Protection Agency (EPA)
– Investigates violations of state and federal asbestos laws and regulations
– Notified of certain demolition and renovation activities involving asbestos
– No State-issued permit required nor issued for demolition or renovation involving asbestos
Illinois Attorney General’s Office (AGO) – Enforces violations on behalf of Illinois EPA and State
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Asbestos—Enforcement Checklist
Building demolition or renovation activity
Building and activity of the kind covered by the Clean Air Act and Asbestos NESHAP
Friable asbestos-containing material is/was present in the building
Procedures required by Asbestos NESHAP not followed or followed incorrectly
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Part 2 – Pillsbury Mills
History and Demolition
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Pillsbury Mills—Demolition
August 2014 – P. Mills, LLC takes over site from 1525 LLC (Indiana) – Selective abatement by Parkland Environmental
September 2014 – Selective abatement by Parkland Environmental – Demolition notification filed with Illinois EPA – Demolition permit issued by City – Demolition begins
October 2014 – “8180” metal building torn down
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Notification of Demolition and Renovation – September 9, 2014 Notification form filed with Illinois EPA by Parkland Environmental on behalf of Joseph J. Chernis, IV
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City Demolition Permit Application – September 16, 2014 Keith A. Crain, manager of P. Mills, LLC, agrees to conform to all applicable federal, state, and local asbestos laws
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Pillsbury Mills—Demolition
January 2015 – Demolition slows
February–July 2015 – A worker improperly removes and stores asbestos
– Other workers continue demolition and scrapping
August 2015 – Improper asbestos removal reported to Illinois EPA
– All activity ceases pursuant to court order
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Pillsbury Mills prior to demolition
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DEMOLISHED
ROOF REMOVED
Pillsbury Mills after demolition
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Illinois EPA Inspection – September 9, 2015 Aerial view of demolition
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Illinois EPA Inspection – September 9, 2015 Aerial view of demolition
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Illinois EPA Inspection – September 9, 2015 Aerial view of demolition
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Illinois EPA Inspection – September 9, 2015 Aerial view of demolition
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Part 3 – State Enforcement
Scope, Objectives, Timeline,
Progression, and Outcomes
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State Enforcement—Timeline
August 4, 2015
– Former worker contacts Illinois EPA about asbestos
August 6–7, 2015
– Illinois EPA inspects the Pillsbury facility
– Suspected asbestos-containing material (ACM) observed throughout the facility
– Samples of suspected ACM collected
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Illinois EPA Inspection – August 7, 2015 Partially stripped overhead pipes containing suspect ACM
Bare Pipes
Insulation
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Illinois EPA Inspection – August 7, 2015 Removed asbestos-containing pipe insulation stacked in piles
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Illinois EPA Inspection – August 7, 2015 Broken pieces of removed asbestos-containing pipe insulation in a garbage bag
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Illinois EPA Inspection – August 7, 2015 Garbage bags, trash cans, and a cardboard tote box filled with asbestos-containing pipe insulation
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State Enforcement—Timeline August 11, 2015 – Independent testing confirms presence of asbestos in
samples collected by Illinois EPA
August 12, 2015 – Illinois AGO files Complaint in Circuit Court
– Court issues a temporary restraining order halting all work at the Pillsbury facility
September 3, 2015 – Court issues a preliminary injunction to extend the
temporary restraining order until the case is over
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State Enforcement—Timeline October 7, 2015 – Court holds Defendants in contempt for failing to • Secure the property with sufficient signage
• Retain a Project Designer to develop an Illinois EPA-approved Project Design Plan
November 20, 2015 – Draft Design Plan submitted to Illinois EPA
– Illinois EPA provided comments on draft
December 7, 2015 – Illinois AGO granted permission to add new
defendants to the Complaint
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State Enforcement—Defendants
P. Mills, LLC—Owner of Pillsbury facility
Midwest Demolition & Scrap, Inc.—Demolition contractor
Keith A. Crain—Owner and co-manager of P. Mills
Joseph J. Chernis, III—Owner of Midwest Demolition and co-manager of P. Mills
Joseph J. Chernis, IV—Demolition manager and co-manager of Midwest Demo
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State Enforcement—Scope
Illinois Environmental Protection Act – Creating a substantial danger to public health or the
environment
– Air pollution
– Failure to comply with provisions of the Clean Air Act and Asbestos NESHAP
Clean Air Act and Asbestos NESHAP – Failure to notify of asbestos demolition
– Failure to follow emission control procedures and properly dispose of material
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State Enforcement—Progression
1. Preliminary Injunction – Shutdown
– Secure
– Survey (Project Design Plan)
2. Adjudication—In progress
3. Favorable Judgment – Court-ordered cleanup
– Civil penalties
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State Enforcement—Progression
Step 1: Preliminary Injunction
1. Shutdown – Defendants must cease all activity at Pillsbury
– No one allowed in without Illinois EPA approval
2. Secure – Defendants must post asbestos warnings signs
– Defendants must secure the facility perimeter
– Defendants must maintain perimeter security
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Illinois EPA Inspection – August 13, 2015 An Illinois EPA inspector pulls back a portion of unsecured chain-link fencing
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Illinois EPA Inspection – August 13, 2015 An Illinois EPA inspector pulls back a portion of unsecured chain-link fencing
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Illinois EPA Inspection – August 13, 2015 Broken, loose chain-link fencing
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Illinois EPA Inspection – August 13, 2015 An Illinois EPA inspector demonstrates the size of an accessible portion of an unsecured window
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Illinois EPA Inspection – August 21, 2015 Defendants affix plastic-wrapped paper asbestos warning signs around the security perimeter
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Illinois EPA Inspection – September 1, 2015 Permanent metal asbestos warning signs installed around the security perimeter
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Illinois EPA Inspection – September 1, 2015 Previously loose fencing was secured
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Illinois EPA Inspection – September 29, 2015 Previously accessible window secured
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State Enforcement—Progression
Step 1: Preliminary Injunction (Cont’d)
3. Survey – Defendants must retain a Project Designer
– A Project Design Plan must be developed
– Design Plan must be approved by Illinois EPA
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State Enforcement—Progression
Step 2: Adjudication
• Amended complaint recently filed
• Defendants’ answers to complaint due soon
• Failure to answer may lead to default judgment against the Defendants
• Case may proceed to trial if Defendants file answers and do not agree to the State’s requested actions
• Status hearing on February 17 at 2:00 p.m.
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State Enforcement—Progression
Step 3: Favorable Judgment
• Court-ordered cleanup pursuant to the Project Design Plan approved by Illinois EPA
• Continuing order to maintain security throughout cleanup
• Payment of civil penalties for violations
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State Enforcement—Objectives
Site Cleanup Objectives
• Removal of rubble fields and outdoor debris
• Removal of indoor bags and loose debris
• Abatement of indoor contaminated surfaces
• Abatement of disturbed on-component ACM
• Cleaning of contaminated indoor spaces
• Securing windows and other openings
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State Enforcement—Design Plan
Overview
• Developed by SCI Engineering, Inc.
• Purpose – Evaluating extent of contamination from
improper removal and storage of asbestos – Identifying health and environmental hazards – Detailing a clean-up plan for licensed
asbestos contractors to later implement
• Draft submitted and feedback given late 2015
• Final plan expected March 2016
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State Enforcement—Design Plan
Safety Precautions
• Air monitoring
• First floor building openings will be secured
• All rubble and debris will be wetted to prevent secondary release of asbestos
• All rubble and debris will be disposed of in a double-lined, secured dumpster
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Part 4 – Community Questions
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Will the State’s enforcement action provide compensation to individual citizens?
• Enforcement action is only for violation of state and federal asbestos laws, and cannot provide direct compensation to individual citizens
• Illinois AGO can only bring lawsuits on behalf of the Illinois EPA and the People of the State as a whole, not on behalf of individual citizens
• Individuals may want to address their concerns and rights with a private attorney.
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How long will the State’s enforcement action take? When will asbestos contamination be cleaned up?
• It is impossible to know how long the entire enforcement action will take to complete
• Cleanup will not likely begin until a favorable judgment or settlement is achieved, which may take several months
• Cleanup will be expensive and will require a long time to complete
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Will demolition resume after the State’s enforcement action concludes?
• Current enforcement action cannot legally compel a full demolition of the facility, will not prevent future demolition if done properly
• Whether demolition resumes up to the Defendants, any subsequent owners, and City permitting authorities
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Will notice be given to the public before future demolition?
• Notice to Illinois EPA is required by law
• Notice to the public is not required by law
– May become a condition of a final order involving the Defendants in the State’s enforcement action
– Future owners not required to give public notice by law, but may provide it voluntarily
– Public notice from the City may be an option
• E.g., the City maintains a permit webpage
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How will public health and the environment be protected during future demolition?
• Future demolition subject to applicable state and federal environmental laws
• Compliance with laws will provide as much protection to public health and the environment as the State can legally require
• Illinois EPA and Illinois AGO prepared to take appropriate action to ensure compliance, and to correct any noncompliance
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What is the future of the Pillsbury facility?
• State’s enforcement action limited to ensuring compliance with state and federal environmental laws, including cleaning up contamination caused by the Defendants
• Further abatement, demolition, renovation, or redevelopment is up to the Defendants, any subsequent owners, and the City