The state of Illinois’ Attorney General Lisa Madigan filed suit against a Cook County, Ill., oil recycling company alleging its improper operation of equipment designed to reduce emissions may have contributed to sulfur-like odors that have brought years of complaints from residential neighbors.
Ortek, Inc. owns and operates a used oil recycling plant in McCook. While Ortek is in an industrial area, nearby residents have complained of odors from the plant since at least 1997. According to Madigan’s lawsuit, representatives of the Illinois Environmental Protection Agency, Cook County Department of Environmental Control and police in McCook and Lyons also have documented alleged odor violations.
Madigan noted that the company has been cooperating with her office and the IEPA.
Ortek’s recycling process involves heating used oil in distillation towers. In 1998, the IEPA granted Ortek a permit to construct an air pollution control device known as an afterburner, which was designed to reduce odors released into the air during the distillation process. The permit required operation of the afterburner at a minimum temperature in order to be effective, and the permit also required the installation of temperature measuring and recording instruments to ensure that the afterburner operated at or above the minimum temperature. Additionally, the permit required that Ortek use an approved testing service to measure particulate matter, carbon monoxide and volatile organic material emissions from its facility to ensure that the afterburner is effective in reducing emissions.
Madigan’s complaint alleges Ortek caused air pollution and created a public nuisance. Madigan’s complaint also alleges Ortek violated conditions of the permit by constructing the afterburner without the required temperature sensor and recorder, by operating it at a lower temperature than required and by operating the afterburner beyond the time allowed under the construction permit.
Additionally, Madigan’s complaint alleges the company failed to adequately measure emissions from its facility. Each violation is subject to a civil penalty of up to $50,000 and an additional penalty up to $10,000 per day that each violation continues. Assistant Attorney General Michael Partee is handling the case filed today in Cook County Circuit Court for Madigan’s Environmental Bureau in Chicago.