4:22-cv-04075-SLD-JEH # 1-1 Page 1 of 69
`E-FILED
` Thursday, 21 April, 2022 06:08:03 PM
` Clerk, U.S. District Court, ILCD
`
`EXHIBIT A
`
`
`E-FILED
` Thursday, 21 April, 2022 06:08:03 PM
` Clerk, U.S. District Court, ILCD
`
`EXHIBIT A
`
`
`
`4:22-cv-04075-SLD-JEH # 1-1 Page 2 of 69
`
`Notice of Service of Process
`
`Primary Contact:
`
`Sheryl Arneson
`3M Company
`3M Center
`Bldg 220-9E-02 220-10W/F06
`Saint Paul, MN 55144-1000
`
`Electronic copy provided to:
`
` Canhnha Luu
` Cheryl Muellner
`
`null / ALL
`Transmittal Number: 24660079
`Date Processed: 03/23/2022
`
`Entity:
`
`Entity Served:
`
`Title of Action:
`
`Matter Name/ID:
`
`Document(s) Type:
`
`Nature of Action:
`
`Court/Agency:
`
`Case/Reference No:
`
`Jurisdiction Served:
`
`Date Served on CSC:
`
`Answer or Appearance Due:
`
`Originally Served On:
`
`How Served:
`
`Sender Information:
`
`3M Company
`Entity ID Number 3571748
`3M Company
`People of The State of Illinois vs. 3M Company
`People of The State of Illinois vs. 3M Company (12125921)
`Summons/Complaint
`Environmental
`Rock Island County Circuit Court, IL
`2022LA16
`Illinois
`03/22/2022
`30 Days
`CSC
`Personal Service
`Office of The Illinois Attorney General
`312-814-2550
`
`Information contained on this transmittal form is for record keeping, notification and forwarding the attached document(s). It does not
`constitute a legal opinion. The recipient is responsible for interpreting the documents and taking appropriate action.
`
`To avoid potential delay, please do not send your response to CSC
`251 Little Falls Drive, Wilmington, Delaware 19808-1674 (888) 690-2882 | sop@cscglobal.com
`
`
`
`IN THE CIRCUIT COURT OF TFIE FOURTEEN JUDICIAL CIRCUIT
`ROCK ISLAND COUNTY, ILLINOIS
`
`PEOPLE OF THE STATE OF ILLINOIS,,
`ex rel. KWAME RAOUL, Attorney General
`of the State of Illinois,
`
`Plaintiff,
`
`I Case No.: 2022LA16
`
`V.
`
`3M Company, a Delaware Corporation,
`
`Defendant.
`
`Please serve: 3M Company
`c/o Illinois Corporation Service
`801 Adlai Stevenson Drive
`Springfield, IL 62703
`
`To each Defendant:
`
`ALIAS SU1dIMONS
`
`You are summonsed and required to file an answer to the complaint in this case, a copy
`of which is hereto attached, or otherwise file you appearance, in the office of the clerk of this
`court within 30 days after service of this summons, not counting the day of service. If you fail to
`do so, a judgment by default may be entered against you for the relief asked in the complaint.
`
`E-filing is now mandatory for documents in civil cases with limited exemptions. To e-
`file, you must first create an account with an e-filing service provider. Visit
`http://efile.illinoiscourts.gov/service-providers.htm to learn more and to select a service provider.
`If you need additional help or have trouble e-filing visit:
`http•//www illinoiscourts. og v/FA / ethelp.asp, or talk to your local clerk's office.
`
`To the officer:
`
`This summons must be returned by the officer or other person to whom it was given for
`service, with endorsement of service and fees, if any, immediately after service. If service cannot
`.
`be made, this summons shall be returned so endorsed.
`
`~f
`
`2022
`
`~ ~] .•
`~
`,jf •
`
`j'
` ~
`
`This summons may not be served later than 30 days after its date. ,
`3/16/2022
`,¤¤
`,a s .~c1,~ ~ /. WITNEC
`t~ _
`° ~~ :
`" I~~e y~..
`•
` J
`•
`y
`
` ~ ~
`
`^s`
`
`r
`
```^'"
`
`~~' `
`( Seal of Courbg"' :
`.*
`~ ~•
`~ ~ :
`••
`•~ ~
`t •
`. [¤
`¤ `
`~~i ~r... ~
`¤
`°° `Y
`~i
`f" •O ~.°•
`a i I u 1l«l~~¤ `¤¤
`
`(Clerk of the Circuit Court) ALH
`
`u
`
`
`
`Attorney for: People of the State of Illinois
`Attorney Name: Daniel R. Flynn
`Attorney Address: 10 North Dearborn, 6t' Floor
`City, State/Zip Code: Chicago, IL 60602
`Telephone Number: 312-214-7900
`Email Address: dflynn(a)dicellolevitt.com
`
`Of Counsel:
`
`Stephen J. Sylvester (ARDC No. 6282241)
`Gerald Karr (ARDC No. 6190750)
`Office of the Illinois Attorney General
`Environmental Bureau
`69 W. Washington Street, 18'h Floor
`Chicago, IL 60602
`(312) 814-2550
`Stephen.Sylvester@ilag.gov
`Gerald.Karr(a),ilag_gov
`
`
`
`FILED
`3/16/2022 10:26 AM
`TAMMY WEIKERT, CIRCUIT CLERK
`ROCK ISLAND COUNTY, IL
`
`IN THE' CIRCUIT COURT OF THE FOURTEENTH JUllICIAL CIRCUIT
`ROCK ISLAND COUNTY, ILLINOIS
`
`PEOPLE OF THE STATE OF ILLINOIS,
`ex rel. KWAME RAOUL, Attorney General
`of the State of Illinois,
`
`Plaintiff,
`
`u
`
`3M Company, a Delaware Corporation,
`
`Defendant.
`
`2022LA16
`
`COMPLAINT
`
`Plaintiff, People of the State of Illinois, ex i-el. Kwaine Raoul, Attorney General of the State
`
`of Illinois ("Illinois" or the "State"), seek to hold Defendant 3M Company ("3M" or "Defendant")
`
`liable for its operation of, and related negligent conduct at, its Coi-dova facility in Rock Island
`
`County, Illinois ("Cordova Facility") and its discharge, emission, placement, disposal, leakage,
`
`spillage, and/or abandonment of perfluoroalkyl and polyfluoroalkyl substances ("PFAS") froin the
`
`Cordova Facility.
`
`Illinois brings this civil action to: (1) hold 3M liable for monetaiy damages for the cost of
`
`identifying, monitoring, and remediating contamination caused by the release of PFAS fi-om 3M's
`
`Cordova Facility and all damages to the State's environment and its natural resources because of
`
`the resulting' contamination; (2) obtain injunctive relief requiring 3M to take action to prevent
`
`ongoing contamination and to remediate the areas contaminated and restore resources injured or
`
`impacted by PFAS released from the Cordova Facility; (3) recover civil penalties for violations of
`
`Illinois statutes and regulations resulting from the PFAS contamination described herein; and (4)
`
`obtain any other equitable relief as appropriate.
`
`
`
`For its Complaint, Illinois pleads as follows:
`
`INTRODUCTION AND NATURE OF THE ACTION
`
`1.
`
`Illinois, with a population of approximately 12.67 million people, is the sixth-
`
`largest state, by population, in the United States.
`
`2:
`
`Nearly the entirety of Illinois' western boundaiy is the Mississippi River, with the
`
`few exceptions being where the Mississippi River has changed course over time.
`
`3:
`
`The Mississippi River watershed is the fourth largest in the world, with an area of
`
`approximately 1.2 million square miles.
`
`4.
`
`Illinois has established itself as a leader in protecting the environment and in
`
`identifying, monitoring, and addressing contamination caused by PFAS in Illinois.
`
`5.
`
`The Illinois Environmental Protection Agency ("Illinois EPA") is an administrative
`
`agency of the State of Illinois, created pursuant to Section 4 of the Act, 415 ILCS 5/4 (2020), and
`
`charged, inter alia, with the duty of enforcing the Act. The Illinois EPA is further charged with
`
`the duty to abate violations of the National Pollutant Discharge Elimination System ("NPDES")
`
`permit program under Section 402(b)(7) of the Federal Clean Water Act ("CWA"), 33 U.S.C. §
`
`1342(b)(7).
`
`6.
`
`The illinois Department of Natural Resources ("IDNR") is an administrative
`
`agency of the State of Illinois; created by Section 1-5 of the Illinois Department of Natural
`
`Resources Act, 20 ILCS 801/1-5 (2020), and charged, intei- alia, with the duty of enforcing the
`
`Fish and Aquatic Life Code ("Fish Code"), 515 ILCS 5/5-5 (2020), and the Wildlife Code, 520
`
`ILCS 5/1-10 (2020) ("Wildlife Code").
`
`7.
`
`8.
`
`The Illinois EPA and IDNR are the State of Illinois Natural Resource Trustees.
`
`PFAS are a group of synthetic chemicals that do not occur naturally in the
`
`P)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`environment and have been in use since the 1940s.1
`
`9.
`
`PFAS are toxic, human-made chemicals that are harmfi.il to the public health,
`
`safety, and welfare, and to the environment.
`
`10.
`
`For pui-poses of this Complaint, "PFAS" shall include, but iiot be liinited to, the
`
`following compounds:
`
`Acronym
`
`PFAS Analyte Name
`
`Chemical
`Abstract
`Services
`Registry
`Number
`("CASRN")
`
`Formula
`
`Perfluoroalkyl Carboxylic Acids ("PFCAs")
`
`Perfluorotetradecanoic acid
`
`376-06-7
`
`C14HF2702
`
`Perfluorotetradecanoate
`
`365971-87-5
`
`C14F2702
`
`Per.fluorotridecanoic acid
`
`72629-94-8
`
`C13HF2502
`
`Perfluorotridecanoate
`
`862374-87-6 CI;F250z
`
`Perfluorododecanoic acid
`
`307-55-1
`
`C12HF2302
`
`Perfluorododecanoate
`
`171978-95-3
`
`C12F2s02-
`
`Perfluoroundecanoic acid
`
`2058-94-8
`
`C1iHF2i02
`
`Perfluoroundecanoate
`
`196859-54-8
`
`CiiF2102-
`
`PFTeDA
`
`PFTrDA
`
`PFDoA
`
`PFUnA
`
`' EPA's Per- and Polyfluoroalkyl Substances (PFAS) Action Plan., U.S. EPA (Feb. 2019) at 1,
`tittps:'/~~r« ~~~.c.l~a.~ov;`sites_`d~ fattlt'.Cles%2019-
`02/docnnients/ fap S. iction Plauir 021319 508czxn.plia»t . 1_})clf; PFAS Strategic Roadniap: EPA's
`at
`5,
`2021)
`EPA
`(Oct.
`U.S.
`2021-2024,
`to
`Action
`Commitment
` Aii OVervlew of
`JlttpS:;;Ww«r.epa.gov/svStelil/I'Iles/d(?clllllel}tS(2021-I0/1Jfas-I'oadi11aj7 firial-5{)8.pd'1;
`Perfluoroalkyl and Polyflztoroalkyl Substances and Interim Guidance, CENTERS FOR DISEASE CONTROL
`AND PREVENTION (May 7, 2018) at 1, https://stacks.cdc.gox-!view/cdc/ 771 14.
`
`3
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PFDA
`
`PFNA
`
`PFOA
`
`PFHpA
`
`PFHxA
`
`PFPeA
`
`PFBA
`
`PFPrA
`
`TFA
`
`Perfluorodecanoic acid
`
`335-76-2
`
`CioHFi9Oz
`
`Perfluorodecanoate
`
`73829-36-4
`
`CioFI9Oz
`
`Perfluorononanoic acid
`
`375-95-1
`
`CgHFI7Oz
`
`Perfluorononanoate
`
`72007-68-2
`
`C9Fi7Oz-
`
`Perfluorooctanoic acid
`
`335-67-1
`
`CAHF1s02
`
`Perfluorooctanoate
`
`45285-51-6
`
`CsFIsOz-
`
`Perfluoroheptanoic acid
`
`375-85-9
`
`C7HF1302
`
`Perfluoroheptanoate
`
`120885-29-2 . C7F130?-
`
`Perfluorohexanoic acid
`
`307-24-4
`
`C6HFi iOz
`
`Perfluorohexanoate
`
`92612-52-7
`
`C6FiiOz-
`
`Perfluoropentanoic acid
`
`2706-90-3
`
`CsHF9Oz
`
`Perfluoropentanoate
`
`45167-47-3
`
`CsF9Oz-
`
`Perfluorobutanoic acid
`
`375-22-4
`
`CaHF702
`
`Perfluorobutanoate
`
`45048-62-2
`
`C4F7Oz-
`
`Perfluoropropionic acid
`
`422-64-0
`
`C3HF50z
`
`Perfluoropropionate
`
`44864-55-3
`
`C3F50z
`
`Trifluoroacetic acid
`
`76-05-1
`
`CzHF3Oz
`
`Trifluoroacetate
`
`14477-72-6
`
`CzF30z-
`
`Perfluoroalkyl Sulfonic Acids. ("PFSAs")
`
`
`
`PFOS (B,L)
`
`PFHpS
`
`Perfluorooctanesulfonic acid
`
`1763-23-1
`
`CsFl7S03H
`
`Perfluorooctanesulfonate
`
`45298-90-6
`
`CsF17S03-
`
`Perfluoroheptanesulfonic acid
`
`375-92-8
`
`C7F15S03H
`
`Perfluoroheptanesulf6nate
`
`146689-46-5
`
`C7Fl;S03-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PFHxS (B,L)
`
`PFPeS
`
`PFB S
`
`PFPrS
`
`PFES
`
`TFMS
`
`4:2 FTS
`
`6:2 FTS
`
`8:2 FTS
`
`10:2 FTS
`
`Perfluorohexanesulfonic acid
`
`355-46-4
`
`C6F]3S03H
`
`Perfluorohexanesulfonate
`
`108427-53-8
`
`CGF]3SO3
`
`Perfluropropanesulfonic acid
`
`2706-91-4
`
`CsHF] ]03S
`
`Perfluropropanesulfonate
`
`175905-36-9
`
`CsF]]03S-
`
`Perfluorobutanesulfonic acid
`
`375-73-5
`
`C4F9S03H
`
`Perfluorobutanesulfonate
`
`45187-15-3
`
`C4F9SO3-
`
`Perfluoropropanesulfonic acid
`
`423-41-6
`
`C3HF703S
`
`Perfluoropropanesulfonate
`
`110676-15-8
`
`C3F703S-
`
`Perfluoroethanesulfonic acid
`
`354-88-1
`
`C4F904SH
`
`Perfluoroethanesulfonate
`
`108410-37-3
`
`C4F9O4S
`
`Trifluoromethanesulfonic acid
`
`1493-13-6
`
`CF3S03H
`
`Trifluoromethanesulfonate
`
`37181-39-8
`
`CF3S03-
`
`Fluorotelomer sulfonic acids
`
`4:2. Fluorotelomer sulfonic acid
`
`757124-72-4
`
`C6HsF903S
`
`4:2 Fh.iorotelomer sulfonate
`
`414911-30-1
`
`C6H4F903S-
`
`6:2 Flurotelomer sulfonic acid
`
`82711-15-7
`
`CsF1sF]303S
`
`6:2 Fluorotelomer sulfonate
`
`425670-75-3
`
`CsH4F]303S
`
`8:2 Flurotelomer sulfonic acid
`
`39108-34-4
`
`C]oHsF1703S
`
`8:2 Fluorotelomer sulfonate
`
`39108-34-4 -
`
`C]oH4F]703S-
`
`10:2 Flurotelomer sulfonic acid
`
`120226-60-0
`
`C]zHsFziO3S
`
`10:2 Fluorotelomer sulfonate
`
`--
`
`C]zH4FziO3S-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Perfluoroalkane Sulfonamides ("FASAs")
`
`Perfluorobutanesulfonamide
`
`1910057-70-3 C6H3F9N04S
`
`Perfluorooctanesulfonamide
`
`754-91-6
`
`CsH2Fi7NOzS
`
`Perfluorobutane sulfonamide acetic acid 347872-22-4
`
`C6H4F9NOaS
`
`PFB SA
`
`FBSA
`
`PFOSA
`
`FOSA
`
`FBSAA
`
`NEtFOSAA
`
`N-ethyl
`perfluorooctanesulfonamidoacetic acid
`
`2991-50-6
`
`QoHcFi7NO2S
`
`NMeFOSAA
`
`N-methyl
`perfluorooctanesulfonamidoacetic acid
`
`2355-31-9
`
`Ci iH6Fi7N04S
`
`EtFOSE
`
`MeFOSE
`
`2-(N-ethylperfluoro-l-
`octanesulfonamido)- ethanol
`
`2-(N-methylperfluoro-l-
`octanesulfonamido)- ethanol
`
`1691-99-2
`
`C12H1oFi7NO;S
`
`24448-09-7
`
`CiiHsF»NO3S
`
`FBSEE diol
`
`Nonafluoro-N,N-bis(2-
`hydroxyethyl)butane-l- sulfonamide
`
`34455-00-0
`
`C8HioF9N04S
`
`HFBSE
`alcohol
`
`FBSE
`
`HQ-115
`
`PBSA
`
`Nonafluoro-N-(2-hydroxyethyl)butane-
`1-sulfonamide
`
`34454-99-4
`
`CcH6F9NO3S
`
`Bis(trifluoromethylsulfonyl)amine
`
`82113-65-3
`
`C2F6NO4S2H
`
`P erfluorobutane-N-(3 -
`(dimethylamino)propyl)- 1 -sulfonamide
`sulfonamido amine
`
`68555-77-1
`
`CqHi3FqNzO2S
`
`PBSA-C1
`
`3-{[3-
`Dimethylamino)propyl](nonafluorobuta
`ne-l-sulfonyl)amino}propanoic acid
`
`172616-04-5
`
`CizH»F90aNzS
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Per- and Polyfluoroalkyl Ether Carboxylic Acids
`
`2,3,3,3-tetrafluoro-2-
`(heptafluoropropoxy)propanoic acid
`
`13252-13-6
`
`C6HFi 103
`
`2,3,3,3-tetrafluoro-2-
`(heptafluoropropoxy)propanate
`
`--
`
`Cr,F1I03-
`
`4,8-dioxa-3h-perfluorononanoic acid
`
`1919005-14-4 CioHi iNaNa05S
`
`4,8-dioxa-3h-perfluorononanoate
`
`--
`
`C1oHioN4NaO;S
`
`Butanoic acid, 2,2,3,3,4,4-hexafluoro-4-
`(trifluoromethoxy)-
`
`g63090-89-5
`
`CsHFyO;
`
`2,2,3,3,4;4-hexafluoro-4-
`(trifluoromethoxy)-butanoate
`
`--
`
`CsF903
`
`Acetic Acid, 2,2-difluoro-2-[1,1,2,2-
`tetrafluoro-2-(trifluoromethoxy)ethoxy]-
`
`151772-58-6
`
`CsHF904
`
`2,2-difluoro-2-[1,1,2,2-tetrafluoro-2-
`(trifluoromethoxy)ethoxy]-acetate
`
`--
`
`CsF90a
`
`Perfluoro(4-methoxybutanoic acid)
`
`863090-89-5 . C5HF903
`
`Perfluoro(4-methoxybutanoate)
`
`--
`
`C5Fn03-
`
`Butanoic acid, 2,2,3,3,4,4-hexafluoro-4-
`[1,2,2,2-tetrafluoro-l-
`(trifluoromethyl)ethoxy]-
`
`801212-59-9
`
`C7HF130s
`
`2,2,3,3,4,4-hexafluoro-4- [1,2,2,2-
`tetrafluoro-l- (trifluoromethyl)ethoxy]-
`butanoate
`
`--
`
`C7FI303
`
`Perfluoro(2-ethoxyethane)sulfonic acid
`
`113507-82-7
`
`CaHF904S
`
`Perfluoro(2-ethoxyethane)sulfonate
`
`--
`
`C4F904S-
`
`HFPO-DA
`(GenX acid)
`
`DONA
`(ADONA
`acid)
`
`PFECA A
`
`PFECA B
`
`PFECA F
`(PMPA)
`
`PFECA G
`
`PFEESA
`
`PFESA BP 1
`
`Perfluoro-3,6-dioxa-4-methyl-7-octene-
`1-sulfonic acid
`
`29311-67-9
`
`C7HF130sS
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Perfluoro-3, 6-di oxa-4-methyl-7-octene-
`1-sulfonate
`
`--
`
`C~F i;OsS
`
`F-53 B
`
`11C1-
`PF30UdS
`
`11-chloroeicosafluoro-3-oxaundecane-
`1-sulfonic acid
`
`763051-92-9
`
`CioHF2oC1SOa
`
`9Cl-PF30NS
`
`9-chlorohexadecafluoro-3-oxanone-l-
`sulfonic acid
`
`756426-58-1
`
`CsHFi~C1SOa
`
`Miscellaneous
`
`Bisphenol AF
`
`4,4'-(Hexafluoroisopropylidene)
`diphenol
`
`1478-61-1
`
`C1sH1oF602
`
`PFBSi
`
`Perfluorobutanesulfinic Acid
`
`34642-43-8
`
`CaHF9OzS
`
`This definition also includes any other PFAS that have been, or which are being, discharged,
`
`emitted, placed, disposed of, leaked, spilled, and/or abandoned fi•om the Cordova Facility, even
`
`if not listed above.
`
`11.
`
`PFAS, as defined in this Complaint, do i7ot incltide any PFAS that have
`
`contaminated Illinois' environment or natural resources fi-om aqueous film-forming foams
`
`("AFFF") containing PFOA, PFOS, or any other PFAS compound.
`
`12.
`
`3M has dischai•ged, emitted, placed, disposed of, leaked, spilled, and/or abandoned
`
`PFAS and PFAS-containing products at and fi-om its Cordova Facility in such a maniier that caused
`
`releases of PFAS into the environment at concentrations which are injuriolis to public health and
`
`welfare and to the environment, which cause or tend to cause pollution in the State of Illinois, and
`
`which damage to the State's natural resources.
`
`13.
`
`Atticle XI of the Illinois Constitution, lll. Const. Article XI, Section 2, provides
`
`that, "[e]ach person has the right to a healthful environment. Each pei-son may enforce this right
`
`against any party, governmental or private, through appropriate legal proceedings subject to
`
`:
`
`
`
`reasonable limitation and regulation as the General Assembly may provide by law."
`
`14.
`
`As outlined below, Illinois brings this action against 3M pursuant to the Illinois
`
`Environmental Protection Act ("the Act") 415 ILCS 5/1, et seq. (2020); the Illinois Department of
`
`Natural Resources Act ("DNR Act") 20 ILCS 801/1, et seq. (2020); and Illinois' laws of
`
`negligence, trespass, public iiuisance, and unjust enrichment.
`
`15.
`
`This Complaint is brought on behalf of the PEOPLE OF THE STATE OF
`
`ILLINOIS, ex rel. KWAME RAOUL, the Attorney General of the State of Illinois, on his own
`
`motion, pursuant to the terms and provisions of Sections 42(d) and (e) of the Act, 415 ILCS 5/42(d)
`
`and (e) (2020).
`
`Plaintiff
`
`PARTIES
`
`16.
`
`Plaintiff is the People of the State of Illinois, ex rel. Kwarne Raoul, Attorney
`
`General of the State of Illinois ("Illinois" or the "State")
`
`17.
`
`The State maintains its principal offices at 500 South Second Street, Springfield,
`
`Illinois 62701 and at 100 West Randolph Street, Chicago, Illinois 60601.
`
`18.
`
`The Attorney General is the chief legal officer of the State of Illinois, having the
`
`powers and duties prescribed by law, Ill. Const. Article V, Section 15. The Attorney General has
`
`statutory and common law authority to appear on behalf of the People of the State of Illinois in
`
`any cause or matter in all cases in which the State or the people of the State are interested. See,
`
`e.g., 15 ILCS 205/4 (2020); People ex rel. Scott v. Bi-iceland, 65 Ill. 2d 485, 494 (1976).
`
`19.
`
`The "Attorney General has an obligation to represent the interests of the People so
`
`ID
`
`as to ensure a healthful environment for all the citizens of the State." People i,. NL Indus., 152 Ill.
`
`2d 82, 103 (1992), opin.ion modified on denial orreh'g (Nov. 30, 1992).
`
`20.
`
`The Attorney General is explicitly authorized to commence a civil action in the
`
`we
`
`
`
`name of the People of the State of Illinois to recover penalties provided for in the Act, and to seek
`
`"an injunction, prohibitory or mandatory, to restrain violations of this Act, any rule or regulation
`
`adopted under this Act, any permit or term or condition of a permit, or any Board order, or to
`
`require such other actions as may be necessary to address violations of this Act, any rule or
`
`regulation adopted under this Act, any permit or term or condition of a pei-mit, oi- any Board order."
`
`415 ILCS 5/42(d) and (e) (2020).
`
`Defendant
`
`21.
`
`Defendant 3M Company is a Delaware coiporation with its principal place of
`
`business at 3M Center, St. Paul, Minnesota 55144.
`
`22.
`
`3M may be served with process through its registered agent, Illinois Corporation
`
`Service C, 801 Adlai Stevenson Drive, Springfield, IL 62703.
`
`23.
`
`3M conducts business throughout the United States, including in the State of .
`
`Illinois.
`
`24.
`
`3M operates a manufacturing facility along the banlcs of the Mississippi River at its
`
`Cordova, Illinois Facility.
`
`25.
`
`26.
`
`The Cordova Facility began operations in 1970.
`
`3M discharged, emitted, placed, disposed of, leaked, spilled, and/or abandoned
`
`PFAS and/or PFAS-containing products in the State of Illinois at, from, or around the Cordova
`
`Facility and was responsible for activities causing the release of PFAS into the environment at,
`
`from, or around the Cordova Facility.
`
`27.
`
`This conduct has caused past and ongoing injury to Illinois' nattiral resources,
`
`environment, and public health and welfare.
`
`28.
`
`To the extent any act or omission of 3M is alleged in this Complaint, the officers,
`
`directors, agents, employees, or representatives of 3M committed or atithorized each such act or
`n
`
`
`
`omission, or failed to adequately supervise or properly control or direct their employees while
`
`engaged in the management, direction, operation, or control of the affairs of 3M, and did so while
`
`acting within the scope of their duties, employment, or agency.
`
`29.
`
`All references. to 3M in this Complaint include any predecessors, successors,
`
`parents, subsidiaries, affiliates, and divisions of 3M.
`
`JURISDICTION AND VENUE
`
`30.
`
`This Court has jurisdiction over the subject matter of this action pursuant to Article
`
`VI, Section 9 of the Illinois Constitution, Ill. Const. Article VI, Section 9.
`
`31.
`
`Jurisdiction is proper pursuant to 735 ILCS 5/2-209 (2020), because 3M, at all
`
`relevant times: (i) transacted business in Illinois, (ii) committed tortious actions within Illinois;
`
`and (iii) owned, used, or possessed real estate within the state of Illinois. See 735 ILCS 5/2-209.
`
`32.
`
`Venue is proper pursuant to 735 ILCS 5/2-101(1) and (2) (2020), because the
`
`Cordova Facility is located in Rock Island County, Illinois and because the causes of action stated
`
`herein arose out of underlying activities that occurred at the Cordova Facility located in Rock
`
`Island County, Illinois.
`
`33.
`
`3M's connections with the State of Illinois are consistent with the requirements of
`
`the Due Process Clause of the Fourteenth Amendment given that 3M has purposefiilly availed
`
`itself of the privilege of conducting activities in Illinois, the causes of action arise from 3M's
`
`activities in Illinois, and 3M's activities are so substantially connected to Illinois to make the
`
`exercise of jurisdiction over 3M reasonable.
`
`THE CORDOVA FACILITY
`
`34.
`
`From approximately 1970 to the present, 3M has owned and operated the Cordova
`
`Facility.
`
`35.
`
`At its Cordova Facility, 3M manufactures numerous chemical products, including
`
`
`
`adhesives, resins, fluorochemicals,.and other specialty chemiaals.
`
`36.
`
`The Cordova Facility is located on the banks of the Mississippi River. The Cordova
`
`Facility is situated on roughly 740 acres, with approximately 1.2 miles of river frontage on the
`
`Mississippi River.
`
`37.
`
`3M produced and used several.different PFAS analytes at the Cordova Facility that
`
`had the potential to be discharged, emitted, placed, disposed of, leaked, spilled, and/or abandoned
`
`at, from, or around the Cordova Facility.
`
`38.
`
`On information and belief, 3M manufactured and disposed of PFAS and/or PFAS-
`
`containing products at the Cordova Facility in a manner that caused PFAS to be released into
`
`Illinois' environment.
`
`39.
`
`The United States Environmental Protection Agency ("US EPA") has established
`
`a combined lifetime health advisory level for PFOA and PFOS of 70 parts per trillion ("ppt")
`
`("EPA Health Advisory Level")
`
`40.
`
`As further alleged herein, the Illinois EPA has established health advisories
`
`containing health-based guidance levels for several PFAS ("Health Advisoi-y Levels")
`
`41.
`
`As set forth more fully in the factual allegations below, 3M has detected PFAS on
`
`and around the Cordova Facility at levels injurious to public health and welfare and to the
`
`environment.
`
`42.
`
`As set forth more fully in the factual allegations below, 3M has detected PFAS in
`
`wastewater at, from, and around the Cordova Facility at levels iiijurious to public health and
`
`welfare and to the environment.
`
`43.
`
`For example, in June 2020, at one groundwater monitoring well located in the
`
`Cordova Facility's manufacturing area, 3M detected PFOA at 5570 ppt and P•FOS at 80,800 ppt.
`
`12
`
`
`
`44.
`
`. These levels are injurious to public health and welfare and to the environment and
`
`are thousands of times higher than the EPA Health Advisory Level and the Illinois EPA's current
`
`Health Advisory Levels.
`
`45.
`
`US EPA has also recently detected levels of PFAS in wastewater fi•om the Cordova
`
`Facility at levels exceeding Illinois EPA's current Health Advisoiy Levels and the EPA Health
`
`Advisoiy Level.
`
`46.
`
`For example, in December 2019, US EPA detected PFOS levels of 19,600 ppt and
`
`PFOA levels of 605 ppt in wastewater that would eventually be discharged from the Cordova
`
`Facility directly into the Mississippi River.
`
`47.
`
`These levels are injurious to public health and welfare and to the environment and
`
`are hundreds of times above both the US EPA Health Advisory Level and the Illinois EPA's
`
`current Health Advisory Levels.
`
`48.
`
`The PFAS described in the preceding paragraphs emanated from the Cordova
`
`Facility, and Illinois now seeks to: (a) hold 3M liable for monetary damages for the cost of
`
`identifying, monitoring, and remediating contamination caused by the release of PFAS from 3M's
`
`Cordova Facility and all damages to the State's environment and its natural resources because of
`
`the resulting contamination; (b) obtain injunctive relief requiring 3M to take action to prevent
`
`ongoing contamination and to remediate the areas contaminated and restore resources injured or
`
`impacted by PFAS released from the Cordova Facility; (c) recover civil penalties for violations of
`
`Illinois statutes and regulations resulting from the PFAS contamination described herein; and (d)
`
`obtain any other equitable relief as appropriate.
`
`13
`
`
`
`FACTUAL ALLEGATI01lTS
`
`I.
`
`PFAS are toxic and pose substantial health and environanental. risks.
`
`49.
`
`PFAS are a family of chemical compounds containing strong carbon-fluorine
`
`bonds.2
`
`50.
`
`PFAS have been used for decades in a wide array of consumer and industrial
`
`products.3
`
`51.
`
`Among thousands of other uses, PFAS may be used to keep food from sticking to
`
`cookware, to make sofas and carpets resistant to stains, to malce clothes and mattresses more
`
`waterproof, and to make some food packaging resistant to grease absorption.4
`
`52.
`
`Because PFAS help reduce friction, they are also used in a variety of other
`
`industries, including aerospace, automotive, building and construction, and electronics'
`
`53.
`
`PFAS are human-made, synthetic chemicals that do not exist naturally in the
`
`environment6
`
`54.
`
`Known pathways for PFAS to enter the environment include releases to air, land,
`
`surface water, and groundwater from industrial processes and facilities and from disposal by
`
`industrial processes and facilities.'
`
`55.
`
`PFAS are known as "forever" chemicals, because they are extremely persistent in
`
`' EPA's Per- and Polyfluoroalkyl Substances (PFAS) Action Plan, supra n. 1 at 9.
`3 Id. at 1; see also PFAS Strategic Roadn7ap, supra n. 1 at 5.
`' See Per- and Polyfluoroallcyl Substances (PFAS), U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
`(Aug. 3, 2021), htt_ps //ntpniehs.nih.~g~.h~hatti~_estut~i~ics/~~fa:!inder,l~tm.i'h~tin source_direct&utjn
`medium=l)rod&utm campaicn=ntp<_rolinks&utm term-pfzs.
`' An Overview of Peifluoroalkvl and Polyfluoroalkyl Substances and Interim Guidance, stipra n. I at l.
`6 See, e.g., EPA's Per- and Polyfluot•oalkyl Substances (PFAS) Action Plan, supra n. 1 at 1; see also PFAS
`Strategic Roadmap, supra n. 1 at 6.
`' See Per- and Polyfluoroallcyl Sttbstances (PFAS), ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
`https:/J'tivWW3.i],linois.gov/LDaitot)icti-watcr-~mtll_it~fla,sr''P~aRes/d~ft~utt.asl~~. (last visited Mar. 12, 2022).
`
`
`
`the environment and resistant to typical environmental degradation processes.s
`
`56.
`
`The persistence of PFAS and their resistance to biodegradation leads to their
`
`accumulation in the environment.9
`
`57.
`
`PFAS behave differently depending on their makeup, but generally absorb poorly
`
`and tend to be mobile in soil and groundwater systems.
`
`58.
`
`This combination of properties has been observed to enable PFAS to readily
`
`migrate in soil, groundwater, and surface water.10
`
`59.
`
`The pernicious characteristics of PFAS mean that once these chemicals are released
`
`into the environment, they tend to migrate into and can cause extensive contamination and injury
`
`to natural resources and property under the jurisdiction of the State. I I
`
`60.
`
`Humans are exposed to PFAS through ingestion of drinking water and
`
`contaminated food, inhalation, dermal contact, and other pathways. 12
`
`61.
`
`PFAS bioaccumulate in the human body and can bio-tnagnify in animals,
`
`particularly fish and "top of the food chain" mammals. 13
`
`8 See Keith Matheny, Internal Documents Show 3MHid PFAS Dangers for Decades, DETROIT FREE PRESS
`(May 9, 2019), https:/lwww.ireep.com/storv;news,%local,'triicliivan12019/(15,•'()9r;-n-i-laWsLiit-p#'as-wateI--
`contatnination_ michigan/3291_t_56002/.
`
`9 See EPA's Per- and Polyfluoroalkyl Substances (PFAS) Action Plan, saipra n. 1 at 9.
`10 John A. Simon, Editor's perspective — Per- and polyf iiorin.ated substances pose substantial challeriges
`to remediation practitioners, 28 THE JOURNAL OF ENVIRONMENTAL CLEANUP COSTS, TECHNOLOGIES,
`AND TECHNIQUEs 3, 3-7 (2018), littps:;:/oiilinelibrar ~.~u;ilev.coii3/doi:'l.ull? lU.lOi)2/rezn.2 i 547.
`See generally id.
`12 See An Overview of Peifuoroalkyl and Polyfluoroalkyl Substances and Interim Guidance, supra n. 1 at
`1.
`13 See, e.g., Christopher Wanjek, Breast-Fed Babies Slzow Buildup ofPotentially Harrnful Chemical, FOx
`NEwS (Oct. 16, 2015, 7:13 PM EDT), littps:i,iwww.foxifews.cccn/hc:.ilth/=brea.ct_ ted-babies-sho«-b~iildLi.l?-
`ot=.p~tential lv.-hannful-chemical.
`
`15
`
`
`
`62.
`
`63.
`
`PFAS can even be found in the blood of human infants.14
`
`Breast milk appears to be a source of PFAS exposure. 15
`
`64.
`
`Chronic exposure to PFAS at low doses can result in adverse health effects for
`
`humans as well as animals.I6
`
`65.
`
`Exposure to PFAS is coi-related with a wide array of hai-mful and sei-ious health
`
`effects in humans and animals, including but not limited to:
`
`(a) Liver damage,
`
`(b) Altered cholesterol levels,
`
`(c) Pregnancy-induced hypertension and/or preeclampsia;
`
`(d) Thyroid disease,
`
`(e) Modulation of the immune system,
`
`(f) Decreased fertility, and
`
`(g) Decrease in birth weight."
`
`66.
`
`PFAS contamination is a serious threat to human health and State natural resources
`
`and property.
`
`67.
`
`Pursuant to 35 Ill. Adm. Code 620.605, the Illinois EPA shall issue a Health
`
`Advisory when there is a confirmed detection in a community water supply well of a chemical
`
`substance for which no numeric groundwater standard exists. The guidance levels contained in a
`
`Health Advisory represent concentrations in drinking water at which no adverse health effects are
`
`14 See Toxicological Profile for Perfluoroalkyls, U.S. DEP'T OF HEALTH AND HUMAN SERVICES, AGENCY
`(May 2021), https:i/N.V\vw_atsdr.c.cic.gov/
`FOR TOXIC SUBSTANCES AND DISEASE REGISTRY
`toYprofi Its/tp 2 00. pdf'.
`is Id.
`16 Id.
`
`" See id.
`
`16
`
`
`
`expected to occur. A Health Advisory can be issued in the absence of standards under Section
`
`620.410, groundwater quality standards, and when "the chemical substance is toxic or harmful to
`
`human health."
`
`68.
`
`The Illinois EPA must consider the guidance level established in a Health Advisoly
`
`when (1) establishing "groundwater cleanup or action levels whenever there is a release or
`
`substantial threat of a release of... [a] hazardous substance or pesticide... or [o]ther contaminant
`
`that represents a significant hazard to public health or the environment;" (2) determining "whether
`
`the community water supply is talcing its raw water from a site or source consistent with the
`
`[applicable] siting and source water requirements;" and (3) developing Illinois Pollution Control
`
`Board ("IPCB") "i•ulemaking proposals for new or revised numerical standards."'$
`
`69.
`
`On January 28, 2021, the Illinois EPA annouriced Health Advisory Levels for
`
`PFBS, PFHxS, PFHxA, and PFOA.19 On April 16, 2021, the Illinois EPA announced a new Health
`
`Advisory Level for PFOS and a revised limit for PFBS because the US EPA updated its Provisional
`
`Peer-Reviewed Toxicity Value for PFBS.20 On July 27, 2021, the Illinois EPA announced a new
`
`Health Advisory Level for PFNA.
`
`70.
`
`The current Illinois EPA Health Advisory Levels are listed below.
`
`18 35 Ill. Admin. Code Section 620.601.
`19 See Illinois EPA Issues Health Advisories. for Per- and Polyfluoroalkyl Sirbstances (PFAS_ in Accordance
`with
`Illinois Groundwater Regtdations,
`ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
`hitps:r/~~ «l~ .illinr.>is.~ov ne~~sipress-release..2272~.ht~~i1 (last visited Mar. 13, 2022).
`20 See Illinois Issues Healtlr Advisog.for Perfluorooctanesi.dfonic Acid (PFOS) and an Updated Health
`Advisory for Perfluorohutanesulfonic Acid (PFBS), ILLINOIs ENViRONMENTAL PROTECTION AGENCY
`(Apr. 16, 2021), https:liwtxr~v2.illinois.r ov:%Pagesine.ws-itcm.asp:Y?RcicaselD-23151.
`
`17
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Specilic PFAS
`
`Health Advisory
`Level in
`Nanograms/Liter
`(PPt)
`
`Chemical Abstract
`Services Registry
`Number (CASRN)
`
`PFOA
`
`PFHxA
`
`PFOS
`
`PFHxS
`
`PFBS
`
`PFNA
`
`2
`
`560,000
`
`14
`
`140
`
`2,100
`
`21
`
`335-67-1
`
`307-24-4
`
`1763-23-1
`
`355-46-4
`
`375-73-5
`
`375-95-1
`
`71.
`
`On May 12, 2021, the Illinois EPA announced in a Pre-Filing Public Comment
`
`Period that it was proposing draft language to update its groundwater quality standards in 35 lll.
`
`Adm. Code 620 for five PFAS — PFBS, PFHxS, PFOA, PFNA, and PFOS.
`
`72.
`
`On December 8, 2021, the Illinois EPA filed with the Illinois Polliition Control
`
`Board a Motion for Accept
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
