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TN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT· . WILL COUNTY, ILLINOIS ~\i;3 JUL 25 A1-' CHANCERY DIVISION PEOPLE OF THE STATE OF ILLINOIS, ex rel. LISA MADIGAN, Attorney General of the State of Illinois, and ex rei. JAMES W. GLASGOW, State's Attorney of Will County, Illinois, Plaintiff,
v, EXXONMOBlL OIL CORPORATION, a New York corporation, Defendant.
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No.
1 3 C H02 470
COMPLAINT FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, ex rei. LISA MADIGAN, Attorney General of the State of Illinois, on her own motion, and ex rei. JAMES W. GLASGOW, State's Attorney of Will County, Illinois.on his own motion, complains of Defendant, EXXONMOBIL OIL CORPORATION, a New York corporation, as follows:
COUNT I AIR POLLUTION 1.
This count is brought by Lisa Madigan, Attorney General of the State of
Illinois, on behalf ofthe People of the State of Illinois, on her own motion, and by James W. Glasgow, State's Attorney of Will County, Illinois, on his own motion, pursuant to the terms and provisions of Sections 42(d) and (e) of the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/42(d) and (e)(20 12), an~ is an action to restrain ongoing violations of the Act and for civil penalties.
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2.
The Illinois Environmental Protection Agency ("Illinois EPA") is an
administrative agency established in the executive branch of the State government by Section 4 of the Act, 415 ILCS 5/4 (2012), and is charged, inter alia, with the duty of enforcing the Act. 3.
At all times relevant to this Complaint, Defendant ExxonMobil Oil
Corporation ("ExxonMobil") was and is a New York corporation qualified to transact business in the State of Illinois. It is registered with the Illinois Secretary of State's Office as a foreign corporation and is in good standing. 4.
ExxonMobil is a refiner, marketer and transporter of petroleum products
and is a subsidiary of ExxonMobil Corporation ofNew Jersey. ExxonMobil owns and operates a petrolewn refinery located at 25915 SouthEast Frontage Road in Channahon, Will County, Illinois ("Refmery"). The Refinery processes crude oil into a variety of refined products, including gasoline and distillates. At the Refinery, ExxonMobil utilizes process emission units and control equipment, including a coker unit and associated flare system, 5.
The coker debutanizer is part of the gas plant at the Refinery that further
processes overhead gases coming from the coker unit's main fractionator and absorber. The debutanizer takes rich naphtha off the bottom of the fractionating absorber and separates olefin product (propanelbutane/propylene/butylene) in the overheads for further processing in the unsaturate gas plant. 6.
On March I, 2013, beginning at approximately 9:06 pm, a pressure safety
valve on the debutanizer failed, resulting in the release of approximately 4,066 pounds of
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hydrogen sulfide ("H2S") and unknown quantities of light hydrocarbons and olefin product into the atmosphere. 7.
On March 2, 2013, ExxonMobil notified the Illinois Emergency
Management Agency ("lEMA") that a leak or spill of an unknown amount of light hydrocarbon gas had occurred at the refinery; that the release was caused by a valve failure; that the release occurred at 9:06 pm on March 1,2013 and was discovered on March 2,2013 at 6:00 am; that the duration of the release was 9 hours and 39 minutes; that the Chemical Abstracts Service ("CAS") number of the material released was 7783 06-4, which is the number for HzS; and that the material is an extremely hazardous substance ("EHS") under Section 302(a) of the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 116 11002(a). lEMA assigned the matter incident number H-2013-0194. 8.
On March 2,2013, ExxonMobil notified the National Response Center
that on March I, 2013, an "equipment failure" had occurred at the Refinery onMarch 1, 2013 at 9:06 pm; that a pressure relief valve failed, resulting in the release of an unknown amount of H2S to the atmosphere; that there was a potential for an exceedence of the reportable quantity ("RQ") for H2S; that the release had been intermittent since it began; that there was no estimate of the duration of the release; and that Exxonlvlobil had isolated the valve as a remedial action. 9.
On March 11,2013, ExxonMobil submitted to lEMA a SARA Emergency
Release Update to lEMA Notification #H20I3-0I94 ("Emergency Release Update") in accordance with 40 CFR 355.40(b) and 29 Ill. Adm. Code 430.70, and provided "information on the reported releases of SARA Hazardous Substances at the Refinery as
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reported on March 2, 2013". The Emergency Release Update identified the substance released into the atmosphere as HzS and a SARA ERS pursuant to 40 CFR 355, Appendix A. ExxonMobil reported that the release began on March 1, 2013at approximately 9:06 pm, continued to March 2, 2013 at approximately 6:45 am, and had an estimated duration of9 hours and 39 minutes. 10.
In the Emergency Release Update, ExxonMobil provided the following
description of the event and the action taken in response: "At approximately 9:06 PM on March 1, 2013, a pressure safety valve (PSV) on the Debutanizer Overhead failed, causing it to intermittently open, releasing light hydrocarbon to the atmosphere. The failure was not related to anyoperational event. Due to the intermittent nature of the opening, and the fact that it was relieving atmuch less than full capacity, it was not identified until the following morning. At approximately 6:45 AM on March 2, 2013, the PSV was isolated from the process and a spare PSV on the common discharge line was put in service. The total release for this event was 4,0661bs ofH2S." 1 ].
HzS is an extremely hazardous, flammable, colorless gas, which has a
rotten egg odor. Generally, it enters the human body through inhalation. Health effects vary depending on the concentration of HzS and the length of exposure. In high concentrations, H2S can cause the loss of breath and consciousness, shock, convulsions, coma and death. 12.
Section 9(a) of the Act, 415 ILCS 5/9(a) (2012), provides the following: No person shall: (a) Cause or threaten or allow the discharge or emission of any contaminant into the environment in any State so as to cause or tend to cause air pollution in Illinois, either alone or in combination with contaminants from other sources, or 4
so as to violate regulations or standards adopted by the . Board under this Act.
13.
Section 201.141 of the Illinois Pollution Control Board ("Board") Air
Pollution Regulations, 35 111. Adm. Code 201.141, provides as follows: No person shall cause or threaten or allow the discharge or emission of any contaminant into the environment in any State so as, either alone or in combination with contaminants from other sources, to cause or tend to cause air pollution in Illinois, or so as to violate the provisions of this Chapter, or so as to prevent the attainment or maintenance of any applicable ambient air quality standard. 14.
Section 3.315 of the Act, 415 ILCS 5/3.315 (2012), provides the following
definition: "Person" is any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, state agency, or any other legal entity, or their legal representative, agent or assigns. 15.
ExxonMobil, a corporation, is a "person" as that term is defined in Section
3.315' of the Act, 415 ILCS 5/3.315 (2012). 16.
Section 3.165 of the Act, 415 ILCS 5/3.165 (2012), provides the following
. definition: "Contaminant" is any solid, liquid, or gaseous matter, any odor, or any form of energy, from whatever source." 17.
H2S, light hydrocarbons, and olefin and its constituents, are
"contaminants" within the meaning of Section 3.165 of the Act, 415 ILCS 5/3.165 (2012). 18.
Section 3.115 of the Act, 415 ILCS 5/3.115 (2012), provides the following
definition:
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"Air pollution" is the presence in the atmosphere of one or more contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant, or animal life, to health, or to property, or to unreasonably interfere with the enjoyment of life or property. 19.
The release ofH2S, light hydrocarbons, and olefin products and its
constituents, into the atmosphere can be injurious to the health and safety of persons in and around the Refinery at the time of the incident described above, and/or can unreasonably interfere with the enjoyment of life or property, and constitutes "air pollution" as that term is defined in Section 3.115 of the Act, 415 ILCS 5/3.115 (2012). 20.
From March 1 to March 2, 2013, ExxonMobil caused, threatened or
allowed the discharge or emission of contaminants into the environment in sufficient quantities and of such duration so as to cause or tend to cause air pollution in Illinois, in violation of Section 9(a) of the Act, 415 ILCS 5/9(a) (2012), and Section 201.141 of the Board Air Pollution Regulations, 35 Ill. Adm. Code 201.141. 21.
Plaintiff is without an adequate remedy at law. Plaintiff will be
irreparably injured and violations of the pertinent environmental statutes and regulations will continue unless and until this Court grants equitable relief in the form of preliminary and, after trial, permanent injunctive relief. WHEREFORE, Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, prays that this Court enter an immediate and, after trial, permanent injunction and an order in favor of Plaintiff and against Defendant, EXXONMOBIL OIL CORPORATION:
1'.
Finding that the Defendant has violated Section 9(a) of the Act, 415 ILCS
5/9(a) (2012), and Section 201.141 of35 Ill. Adm. Code;
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2.
Ordering the Defendant to cease and desist from any further violations of
Section 9(a) of the Act, 415 ILCS 5/9(a) (2012), and Section 201.141 of35 Ill. Adm. Code; 3.
Ordering the Defendant to immediately take the necessary actions that will
result in a final and permanent abatement of the violations of Section 9(a) of the Act, 415 ILCS 5/9(a) (2012), and Section 201.141 of35 TIl. Adm. Code; 4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against
the Defendant for each and every violation of the Act and pertinent regulations, with an additional penalty of Ten Thousand Dollars ($10,000.00) per day per violation; 5.
Taxing all costs in this action, including attorney, expert witness and
consultant fees, against the Defendant; and
6.
Granting such other relief as this court deems appropriate and just. PEOPLE OF THE STATE OF ILLINOIS, ex ret. LISA MADIGAN, Attorney General of the State of Illinois MAITHEW 1. DUNN, Chief Environmental Enforcement! Asbestos Litigation Division
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By:-..l,,==,,~~~-=-=--=--_ _-:"-
LIZA H WALLACE, Chief Environmental Bureau Assistant Attorney General Rebecca A. Burlingham . Robert W. Petti Assistant Attorneys General Illinois Attorney General's Office Environmental Bureau 69 West Washington Street, Suite 1800 Chicago, Illinois 60602 (312) 814-3776/2069 7
ex ref. JAMES W. GLASGOW
State's Attorney of Will County
By:._ _----L_--JI----_:.... MARYM. TATROE Chief, Civil Division Will County State's Attorney's Office 57 North Ottawa Street, 5th Floor . Joliet, IL 60432 (815) 727-8453
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