RECEqVED
CLERK’S OFFICE
AUG
042005
STATE OF ILLINOIS
Pollution Control
Board
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
Lisa
Madigan
ATTORNEY
GENERAL
The Honorable
Dorothy Gunn
Illinois
Pollution Control
Board
James
R.
Thompson
Center,
Ste.
11-500
100 West
Randolph
Chicago,
Illinois
60601
August 2,
2005
at-,
Re:
People
v.
OGOCO,
Inc.,
an Illinois
corporation
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
five
copies
of
a
NOTICE
OF
FILING,
APPEARANCE and COMPLAINT in regard to the above-captioned matter.
Please file the originals
and
return
file-stamped
copies
of the
documents
to
our office
in
the enclosed,
self-addressed
envelope
Thank you
for your cooperation and
consideration.
KL/pp
Enclosures
500 South
Second
Street, Springfield, Illinois
62706
•
(217) 782-1090
•
TrY:
(217)
785-2771
•
Fax: (217)
782-7046
100 West
Randolph
Street, Chicago, Illinois
60601
•
(312) 814-3000
•
Try:
(312)
814-3374
•
Fax:
(312) 814-3806
1001
East Main,
Carbondale,
Illinois
62901
•
(618) 529-6400
•
TTY: (618) 529-6403
•
Fax:
(618) 529-6416
isten
LaughYidge
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
(217) 782-9031
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
B0~flEceIvED
CLERK’S OFFICE
PEOPLE
OF THE STATE
OF
)
AUG
Ok
2005
ILLINOIS,
)
STATE OF ILLINOIS
Pollution
Control Board
Complainant,
VS.
)
PCB
No.
(Water-Enforcement)
000CO,
INC.,
an
Illinois
corporation,
Respondent.
NOTICE OF FILING
To:
OGOCO,
INC.
do
William W. Austin,
R.A.
307
N.
Third
Street
Effingham,
IL 62401-3467
PLEASE TAKE
NOTICE
that on this
date
I
mailed
for filing with
the Clerk of the Pollution
Control
Board
of
the
State
of
Illinois,
a
COMPLAINT,
a
copy
of which
is
attached
hereto
and
herewith
served
upon you.
Failure
to
file
an
answer to
this Complaint within
60
days may have
severe
consequences.
Failure
to
answer will mean
that
all
allegations
in
this Complaint will
be
taken
as
if
admitted
for
purposes
of
this
proceeding.
If
you
have
any
questions
about
this
procedure,
you
should
contact the hearing officer assigned
to this proceeding,
the Clerk’s Office
or an
attorney.
1
FURTHER,
please
take
notice
that
financing
may
be
available,
through
the
Illinois
Environmental
Facilities
Financing Act,
20 ILCS
3515/1
(2002),
to correct the pollution alleged in
the Complaint
filed
in
this case.
Respectfully submitted,
PEOPLE
OF THE
STATE
OF
ILLINOIS
LISA
MADIGAN,
Attorney General of the
State of
Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation pi\~islbn/’T
BY:__________________
-
KRLS1’~1N
LAUG~DGE
Assisf’ant Attor~/General
Environmentaf B’ureau
500 South
Second Street
Springfield, Illinois 62706
217/782-9031
Dated: August 2, 2005
2
CERTIFICATE OF SERVICE
I
hereby certify
that
I
did on August
2,
2005,
send
by
certified
mail,
with
postage thereon
fully prepaid,
by depositing
in a United
States
Post
Office Box a true and
correct copy of the
following
instruments
entitled NOTICE OF
FILING,
ENTRY OF APPEARANCE
and
COMPLAINT:
To:
OGOCO,
INC.
do William W. Austin,
R.A.
307
N.
Third
Street
Effingham,
IL 62401-3467
and the original
and
ten copies by First
Class Mail with
postage thereon fully
prepaid of the
same
foregoing instrument(s):
To:
Dorothy Gunn, Clerk
Illinois
Pollution Control
Board
James
R.
Thompson Center
Suite
11-500
100 West Randolph
Chicago,
Illinois
60601
kristen La~h~a~
2~~
Assistant Attbrney Gener~Y
~
This filing is submitted on
recycled paper.
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
RECEIVED
PEOPLE OF THE STATE
OF
)
CLERKS
OFFICE
ILLINOIS,
)
AUG
042005
Complainant,
)
STATE OF ILLINOIS
Pollution Control
Board
VS.
)
PCBNo.
(Water-Enforcement)
OGOCO,
INC.,
an
Illinois
corporation,
Respondent.
ENTRY OF APPEARANCE
On
behalf
of
the
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
KRISTEN
LAUGHRIDGE, Assistant AttorneyGeneral of the State of Illinois, hereby enters her
appearance
as attorney of record.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISAMADIGAN
Attorney General of the
State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental
forcement/Asbestos
BY:_____
KAISTENLA~RIDGE//
Environmental
Bureau
Assistant Attorney Ge
eral
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: August 2, 2005
RECa.
ci)
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOAI~LERK’S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
AUG
042005
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
V.
)
PCBNo.
oC,—l(o
(Water-Enforcement)
OGOCO,
INC.,
an
Illinois
corporation,
Respondent.
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by
LISA
MADIGAN, Attorney
General
of
the State
of Illinois,
complains of Respondent, OGOCO,
INC., an
Illinois corporation,
as follows:
COUNT
I
WATER POLLUTION VIOLATIONS
1.
This Complaint is brought by the Attorney General
on
her own
motion
and
at
the
request
of the
Illinois
Environmental
Protection
Agency (“Illinois EPA”), pursuant to
the terms
and
provisions of Section
31
of
the Illinois Environmental
Protection Act (“Act”), 415
ILCS
5/31
(2002).
2.
The
Illinois
EPA
is an
agency of
the
State of
Illinois created
by
Illinois
General
Assembly
in
Section 4 of the Act, 415 ILCS 5/4 (2002), and
charged,
inter a/ia,
with the duty of
enforcing
the Act.
3.
Ogoco,
Inc.,
(‘Ogoco”) is an
Illinois
corporation
in good
standing.
4.
Ogoco is authorized to
operate oil
production
wells in
accordance with
permits
issued
by the
Illinois
Department of Natural Resources
(“IDNR”) pursuant to
Subsection 6(2) of
the
Illinois
Oil and
Gas
Act, 225
ILCS 725/6(2) (2002).
5.
Section
12 of the Act, 415
ILCS 5/12 (2002),
provides
in pertinent
part that:
1
No person shall:
a.
Cause or threaten
or allow the discharge of any
contaminants
into the
environment
in
any
State so
as to cause
or tend
to cause water pollution
in
Illinois, either alone or in
combination with
matter from other sources,
or so
as
to violate regulations or standards
adopted by the
Pollution
Control
Board
under this Act;
*
*
*
d.
Deposit any contaminants
upon the
land
in such
place and
manner as to
create
a water pollution hazard;
*
*
*
6.
Section 3.165 of the Act, 415 ILCS 5/3.165 (2002) provides:
“Contaminant”
is any solid, liquid, or gaseous matter, any odor, or any form of
energy, from whatever source.
7.
Section 3.395 of the Act, 415 ILCS 5/3.395 (2002) provides in pertinent part:
“Release” means any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing into the
environment.
.
8.
Section
3.545
of the Act,
415
ILCS 5/3.545
(2002) provides:
“Water pollution”
is such
alteration of the physical, thermal, chemical,
biological
or radioactive
properties of any waters of the State, or such discharge
of any
contaminant into any waters
of the State,
as
will or is
likely to
create a
nuisance
or render such waters
harmful
or detrimental or injurious to
public
health,
safety
or welfare,
or to domestic,
commercial,
industrial,
agricultural,
recreational,
or
other legitimate uses,
or to livestock, wild animals, birds,
fish,
or other aquatic
life.
9.
Section
3.550 of the Act,
415
ILCS 3.550 (2002)
provides:
“Waters” means all accumulations of water, surface and
underground,
natural,
and
artificial,
public and
private,
or parts
thereof, which are wholly or partially
within, flow through,
or border upon this
State.
10.
Section
302.203
of the Board’s Water Pollution
Regulations,
35
Ill. Adm. Code
302.203, provides:
Offensive Conditions
2
Waters of the State shall be free from sludge or bottom deposits,
floating debris, visible oil, odor, plant or algal growth, color or
turbidity of other than natural origin. The allowed mixing
provisions of Section
302.102 shall not be used
to comply with
the
provisions of this Section.
11.
Section
304.105 of
the Board’s Water Pollution
Regulations,
35
III. Adm. Code
304.105, provides:
Violations
of Water Quality Standards
In
addition
to the other requirements of this
Part,
no effluent shall,
alone
or in
combination with
other sources,
cause a violation
of
any applicable water quality standard.
12
Section
304.106 of
the Board’s Water Pollution
Regulations,
35
III.
Adm.
Code
304.106, provides:
Offensive Discharges
In addition
to the other requirements
of this
Part,
no
effluent shall
contain settleable
solids,
floating
debris,
visible oil,
grease, scum
or sludge solids.
Color,
odor and turbidity
must be reduced
to
below obvious levels.
13.
On
October
10,
2003,
an
IDNR investigator discovered spills of crude oil and
salt
water from two facilities
operated by
Ogoco and
located
on
Mocassin
Road,
near Little
Mocassin
Creek,
in
Effingham
County,
Illinois.
Approximately 10
barrels
of crude
oil and
10
barrels of salt water were
released
from the first facility, the David Reed #1
well and
Reed
#1
salt water disposal tank battery,
due to
a leak
in the well’s firewall
and the overflowing of the
tank battery’s firewall.
Approximately 10
barrels of crude
oil
and
10
barrels of salt water were
also
released from the second facility, the Wachtel-
Reed #2 tank battery,
due to
the
overflowing of
the tank battery’s firewall.
The spills
had
apparently been
ongoing
for several
days, flowing through
a pasture
and
a wooded
area,
and
into Little
Moccasin CreeL
14.
On October 10, 2003,
a sheen was
on
Little Moccasin
Creek and a drainage
ditch that drained into the Little Moccasin Creek was heavily oiled,
3
15.
A water sample taken in from a roadside
ditch
downstream of the crude
oil
and
saltwater release showed 9,510 mg/L of total chlorides.
16.
The salt water is a produced fluid generated by Ogoco’s oil production activities
and contains a large concentration of chlorides and varying amounts of petroleum constituents,
which are “contaminants” as that term is defined in the Act, 415 ILCS 5/3.165 (2002).
17.
The salt water and crude oil weredeposited upon the land in such place and
manner as to create a water pollution hazard in that
it eventually flowed
approximately on&-
quarter of a
mile across
the ground
before entering
Little Moccasin
Creek.
18.
By depositing contaminants
upon the
land
in
such place and
manner as to
create
a water pollution hazard,
Ogoco has
violated
Section
12(d) of
the Act, 415
ILCS 5/12(d)
(2002).
20.
Ogoco’s discharge of salt water into
Little Mocassin
Creek altered
its
physical
and
chemical
properties so as
to
likely create a
nuisance or render such waters harmful
or
detrimental or injurious to public health, safety or welfare, or to domestic, commercial,
industrial, agricultural, recreational, or other legitimate uses, or to livestock, wild animals, birds,
fish,
or other aquatic life.
21.
By causing
or allowing
the discharge
of salt water
into the “waters”
of the State,
the Respondent has
caused water
pollution
in the
State of
Illinois,
and
therebyvioiatad Section
12(a) of the Act, 415 ILCS 5/12(a)
(2002).
PRAYER
FOR RELIEF
WHEREFORE,
Complainant, the PEOPLE OF THE STATE
OF ILLINOIS,
respectfully
request that the
Board
enter an
order against the Respondent,
OGOCO,
INC.:
A.
Authorizing a
hearing
in this matter
at
which time the Respondent will
be
required to
answer the allegations herein;
4
B.
Finding thatRespondent has violated the Act and regulations as alleged herein;
C.
Ordering
Respondent to
cease and desist
from any further violations
of the Act
and
associated
regulations;
0.
Assessing against Respondent a civil penalty of fifty thousand
dollars
($50,0OO~
for each
violation of the Act,
and
an
additional penalty often thousand
dollars
($10,000) for
each
day during which each
violation
has continued thereafter; and
E.
Granting
such other
relief as the
Board
may deem
appropriate.
COUNT
II
WATER QUALITY
VIOLATIONS
1-20.
Complainant realleges and incorporates herein
by reference
paragraphs I
through 20 of Count
I
as paragraphs
1
through 20 of
this Count
II.
21.
Ogoco’s
discharge of salt water has caused
offensive conditions
in
the tributary
to
in
that the waters
contained
bottom deposits and visible
oil, and
were
discolored and
turbid.
Respondent has thereby violated
35111.
Adm.
Code 302.203, 304.105,
and 304.106.
22.
Ogoco’s discharge
of salt water has
caused the concentration
of
chlorides in
the
tributary to
Big
Creek to exceed the general
use water quality standard
of 500
mg/L.
Respondent has thereby violated
35
III.
Adm.
Code 302.203
23.
By discharging
contaminants into waters
of the
State
so as
to violate regulations
or standards adopted
by the Pollution
Control
Board
under this Act, Ogoco has thereby violated
Section
12(a) of the Act, 415 ILCS 5/12(a)
(2002).
PRAYER FOR RELIEF
WHEREFORE,
Complainant, the PEOPLE OF THE
STATE
OF ILLINOIS,
respectfully
request that the
Board
enter an order against the Respondent,
5
A.
Authorizing
a hearing
in
this matter at
which time
the Respondent will
be
required to
answer the allegations
herein;
B.
Finding
that
Respondent has violated
the Act and
regulations as alleged
herein;
C.
Ordering Respondent to cease and
desist from
any further violations of the Act
and associated regulations;
D.
Assessing against Respondent a
civil penalty of fifty thousand
dollars
($50,000)
for each violation
of the Act, and
an additional penalty often thousand
dollars ($10,000) for
each
day during
which each
violation
has continued
thereafter; and
E.
Granting such
other relief as the
Board
may deem
appropriate.
Respectfully
submitted,
PEOPLE
OF THE
STATE
OF ILLINOIS,
LISA MADIGAN,
Attorney General
of the State of Illinois,
MATTHEW J. DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:_____________________
THOMAS
DAVIS, Chief
Assistant Attorney General
Environmental
Bureau
OF COUNSEL
KRISTEN LAUGHRIDGE
500 South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:___________
6
