Pillsbury Mills Community Meeting
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1 Pillsbury Mills Community Meeting Illinois Environmental Protection Agency Illinois Attorney General January 26, 2016
2 Presentation Overview 1. Asbestos legal framework 2. Pillsbury Mills demolition 3. State s enforcement action 4. Community Questions
3 Part 1 Asbestos Overview and Regulation
4 Asbestos Generally Naturally occurring silicate minerals Long, thin fibrous crystals composed of millions of microscopic fibrils Amosite asbestos fibers Source: USGS Denver Microbeam Laboratory Ambient levels found naturally in air and soil
5 Asbestos Potential Hazard Exposure to asbestos can occur when asbestoscontaining 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
6 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) 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 Asbestos NESHAP Regulations Requires emission control procedures and proper disposal for particular types of demolitions or renovations where asbestoscontaining material is involved
7 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
8 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
9 Part 2 Pillsbury Mills History and Demolition
10 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 metal building torn down
11 Notification of Demolition and Renovation September 9, 2014 Notification form filed with Illinois EPA by Parkland Environmental on behalf of Joseph J. Chernis, IV
12 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
13 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
14 Pillsbury Mills prior to demolition
15 Pillsbury Mills after demolition DEMOLISHED ROOF REMOVED
16 Illinois EPA Inspection September 9, 2015 Aerial view of demolition
17 Illinois EPA Inspection September 9, 2015 Aerial view of demolition
18 Illinois EPA Inspection September 9, 2015 Aerial view of demolition
19 Illinois EPA Inspection September 9, 2015 Aerial view of demolition
20 Part 3 State Enforcement Scope, Objectives, Timeline, Progression, and Outcomes
21 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
22 Bare Pipes Insulation Illinois EPA Inspection August 7, 2015 Partially stripped overhead pipes containing suspect ACM
23 Illinois EPA Inspection August 7, 2015 Removed asbestos-containing pipe insulation stacked in piles
24 Illinois EPA Inspection August 7, 2015 Broken pieces of removed asbestos-containing pipe insulation in a garbage bag
25 Illinois EPA Inspection August 7, 2015 Garbage bags, trash cans, and a cardboard tote box filled with asbestos-containing pipe insulation
26 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
27 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 EPAapproved 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
28 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
29 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
30 State Enforcement Progression 1. Preliminary Injunction Shutdown Secure Survey (Project Design Plan) 2. Adjudication In progress 3. Favorable Judgment Court-ordered cleanup Civil penalties
31 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
32 Illinois EPA Inspection August 13, 2015 An Illinois EPA inspector pulls back a portion of unsecured chain-link fencing
33 Illinois EPA Inspection August 13, 2015 An Illinois EPA inspector pulls back a portion of unsecured chain-link fencing
34 Illinois EPA Inspection August 13, 2015 Broken, loose chain-link fencing
35 Illinois EPA Inspection August 13, 2015 An Illinois EPA inspector demonstrates the size of an accessible portion of an unsecured window
36 Illinois EPA Inspection August 21, 2015 Defendants affix plastic-wrapped paper asbestos warning signs around the security perimeter
37 Illinois EPA Inspection September 1, 2015 Permanent metal asbestos warning signs installed around the security perimeter
38 Illinois EPA Inspection September 1, 2015 Previously loose fencing was secured
39 Illinois EPA Inspection September 29, 2015 Previously accessible window secured
40 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
41 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.
42 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
43 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
44 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
45 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
46 Part 4 Community Questions
47 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.
48 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
49 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
50 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
51 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
52 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
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