Office of the
Illinois Attorney General
Kwame Raoul

Chicago – Attorney General Kwame Raoul today announced an agreed preliminary injunction was entered in a lawsuit his office filed against Tactical Cleaning Acquisition LLC for allegedly allowing uncontrolled emissions of black smoke and other particulate matter to be released into the atmosphere. The preliminary injunction requires the defendant to immediately cease activities that involve flaring the chemical contents of railcars, which prepares them for reuse, until the cause is determined and the operations are properly permitted. 

Tactical Cleaning Acquisition LLC (Tactical Cleaning) operates mobile railcar flaring facilities at 3401 Lynch Creek Drive and 2313 Cannon St. in Danville, Illinois. Emissions units at these facilities include a portable flare used for the destruction of hazardous air pollutants in railcars. 

“This lawsuit is the result of residents speaking up to raise concerns when they noticed concerning emissions from Tactical Cleaning, and the company must be held accountable for creating a risk to public health and our environment,” Raoul said. “The agreed injunction will ensure safety protocols are in place, with oversight by the IEPA, and unpermitted emissions do not continue as the lawsuit is pending.” 

Raoul’s lawsuit is based on a referral from the Illinois Environmental Protection Agency (IEPA) following complaints from residents throughout April. After receiving multiple complaints of black smoke and flames from railcars at the facilities, officials from the IEPA inspected the operations at the Lynch Creek Drive facility and determined that the company failed to properly conduct the flaring process. 

“The operations being conducted by Tactical Cleaning were done in violation of environmental regulations and created hazardous conditions,” said Illinois EPA Acting Director James Jennings. “This preliminary injunction will address the initial concerns and violations raised in our referral to the Attorney General’s office and will ultimately ensure that future operations will be in compliance with all existing environmental regulations.” 

Along with immediately ceasing flare operations, the preliminary injunction also requires Tactical Cleaning to: 

• Assess the flare and determine cause of the release.
• Submit to the IEPA results of assessment and corrective action plans to control the flame and smoke from exiting the flare into the atmosphere.
• Submit to the IEPA records documenting the number of railcars and the materials contained in the railcars that were flared at the Lynch Creek facility since January 2024.
• Submit to the IEPA all maintenance and repair records for the flare at the Lynch Creek facility since January 2024.
• Submit to the IEPA records and data that accurately reflect the actual emissions at the Lynch Creek facility since January 2024.
• Apply for the required operating permit for the Lynch Creek facility, in order to prevent further danger to the environment. 

Raoul’s lawsuit is seeking to ensure Tactical Cleaning complies with laws that protect the environment and public health, and to take steps to prevent future violations. The lawsuit also seeks appropriate civil penalties, as defined by state statute. 

Attorney General Raoul’s Environmental Enforcement Division, which enforces civil environmental laws, has recovered millions of dollars from polluters and required companies to undertake environmental improvement projects in communities impacted by pollution. Raoul encourages residents to report environmental justice and other environmental concerns to his office by emailing ej@ilag.gov.

Assistant Attorneys General Samuel Henderson and Kevin Barnai are handling this case for Raoul’s Environmental Law Bureau.