Pillsbury Mills Community Meeting Illinois Environmental Protection Agency ∙ Illinois Attorney General

January 26, 2016

Presentation Overview

1. Asbestos legal framework

2. Pillsbury Mills demolition

3. State’s enforcement action

4. Community Questions

Part 1 – Asbestos

Overview and Regulation

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

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

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

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

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

Part 2 – Pillsbury Mills

History and Demolition

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

Notification of Demolition and Renovation – September 9, 2014 Notification form filed with Illinois EPA by Parkland Environmental on behalf of Joseph J. Chernis, IV

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

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

Pillsbury Mills prior to demolition

DEMOLISHED

ROOF REMOVED

Pillsbury Mills after demolition

Illinois EPA Inspection – September 9, 2015 Aerial view of demolition

Illinois EPA Inspection – September 9, 2015 Aerial view of demolition

Illinois EPA Inspection – September 9, 2015 Aerial view of demolition

Illinois EPA Inspection – September 9, 2015 Aerial view of demolition

Part 3 – State Enforcement

Scope, Objectives, Timeline,

Progression, and Outcomes

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

Illinois EPA Inspection – August 7, 2015 Partially stripped overhead pipes containing suspect ACM

Bare Pipes

Insulation

Illinois EPA Inspection – August 7, 2015 Removed asbestos-containing pipe insulation stacked in piles

Illinois EPA Inspection – August 7, 2015 Broken pieces of removed asbestos-containing pipe insulation in a garbage bag

Illinois EPA Inspection – August 7, 2015 Garbage bags, trash cans, and a cardboard tote box filled with asbestos-containing pipe insulation

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

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

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

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

State Enforcement—Progression

1. Preliminary Injunction – Shutdown

– Secure

– Survey (Project Design Plan)

2. Adjudication—In progress

3. Favorable Judgment – Court-ordered cleanup

– Civil penalties

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

Illinois EPA Inspection – August 13, 2015 An Illinois EPA inspector pulls back a portion of unsecured chain-link fencing

Illinois EPA Inspection – August 13, 2015 An Illinois EPA inspector pulls back a portion of unsecured chain-link fencing

Illinois EPA Inspection – August 13, 2015 Broken, loose chain-link fencing

Illinois EPA Inspection – August 13, 2015 An Illinois EPA inspector demonstrates the size of an accessible portion of an unsecured window

Illinois EPA Inspection – August 21, 2015 Defendants affix plastic-wrapped paper asbestos warning signs around the security perimeter

Illinois EPA Inspection – September 1, 2015 Permanent metal asbestos warning signs installed around the security perimeter

Illinois EPA Inspection – September 1, 2015 Previously loose fencing was secured

Illinois EPA Inspection – September 29, 2015 Previously accessible window secured

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

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.

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

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

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

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

Part 4 – Community Questions

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.

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

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

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

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

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