Suits pending over releases from Channahon facility

CHANNAHON - A couple of lawsuits are in the works in connection with alleged air pollution by a local chemical manufacturing facility. In the one complaint, Illinois Attorney General Lisa Madigan names Flint Hill Resources, a subsidiary of Koch In-dustries Inc., and own-er of the former BP Amoco facility at 23420 Amoco Road, as the defendant. In the other, Flint Hill is naming BP Amoco as defendant for supposedly misrepresenting the local facility as in compliance with environmental laws and permits. “We were told the facility was in compliance, we bought it, and we discovered it wasn't,” noted Flint Hill spokesman John Hofland of the Minneapolis-St. Paul headquarters. “These are issues we inherited.” Madigan's 47-page, 13-count complaint is seeking damages for what the state says is violation of the Illinois Environmental Protection Act, from May 28, 2004, when Flint Hill bought the facility from BP, to March 11 of this year, when the suit was filed. The complaint accuses Flint Hill of emitting volatile organic material, particulate matter, and o-Xylene, an organic hazardous air pollutant, into the environment. By emitting more than 100 tons annually of volatile organic material, and more than 10 tons yearly of o-Xylenes, Flint Hill is a major stationary source of these pollutants, the complaint says. The complaint is asking Will County Circuit Court for both preliminary and permanent injunctions to stop the violations and correct the problem. Corrections would include finishing a project to pump residual wastewater from one unit to reduce the volatile organic emissions to less than eight pounds per hour under specified conditions, the suit says. The complaint seeks civil penalties of $50,000 for each day the company supposedly violated the state IEPA Act. The suit also seeks $10,000 per day for each day the facility is said to have violated the Board Air Pollution Regulations. In addition, the complaint is asking the court to order Flint Hill to pay all court costs, attorney, expert witness, and consultant fees in connection with the lawsuit. Hofland said Flint Hill Resources is taking the matter seriously. “We've been working on these issues a couple years with the IEPA. What's important is the emission violations cited in this complaint were already occurring when our company bought the facility,” he said today. “This was actually contrary to BP representation at the time, that the facility was in compliance with all environmental laws and permits. So, we are actually in litigation with BP around these issues.” Immediately after discovering the violations, Hofland said, Flint Hill reported the incidents to the IEPA. “We've been working with them to address these issues,” he said. “Actually, the violations cited in the complaint were resolved back in October 2006.” Under Flint Hill's ownership, neither local residents nor employees were at risk because of the violations, the company noted Monday in a press release. Flint Hill has never benefited from the violations, the release notes. “Significant expenditures have been made, including more than $8 million, to address compliance issues and to ensure the safety of our employees, contractors, and the public,” the release states. “We are pleased to have achieved significant emission reductions and an impressive safety record.” Hofland said Flint Hill Resources wants the public to know the company reported the issues as soon as discovered. “And worked with regulatory agencies to address them,” he said. “Since that time, the IAG has filed the complaint, which we take seriously and will work with them, going forward to get it resolved.” Channahon Village Admini-strator Jamie Bowden said today he was unable to comment on the particulars as he had not yet seen a copy of Madigan's complaint. He said the gist of a recent letter by Flint Hill to Channahon Mayor Joe Cook noted the company was aware of the complaint, and responding to it. Despite several attempts Monday and today, Cook could not be reached for comment by presstime.