BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

ex rel.

LISA MADIGAN, Attorney

General

of the State of Illinois

Complainant

V

ATKINSON GRAIN

& FERTILIZER,

INC.,

a Delaware Corporation,

Respondent.

R~EWVED

C’.ERK’S OFFICE

SEP

012004

POIj~tj~~

Control Board

PCB 04-15

(Enforcement-Water)

TO:

See Attached Service List

NOTICE OF FILING

PLEASE TAKE NOTICE that

on September

1,

2004,

we filed with the

Illinois Pollution Control Board the attached Stipulation and Proposal

for Settlement and Motion for Relief From Hearing Requirement,

true

and correct copies of which are attached and hereby served upon you.

Respectfully submitted,

LISA MADIGAN

Attorney General

State oLIL1.~nois

~~-h

~‘1r~r~-r

Chicago,

Illinois

60601

(312)

814-3532

BY:

Chris

zan

Assistan~t~~neyGeneral

Environmental Bureau

~1~QTAT

P~rr1y~h~t

---

SERVICE LIST

Mark

R.

Misiorowski

MisioroWSki Law Group

1755 Park Street,

Suite 310

Naperville,

Illinois 60563

Mr. KurtJ.

Horberg

Telleen,

Braendle,

Horberg &

Smith,

P.C.

124 West Exchange Street

Post Office Box

178

Cambridge,

Illinois 61238

---

RECEIVED

CLERK’S

OF~Ic~

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD

PEOPLE OF THE STATE OF ILLINOIS,

)

SEP 01 2004

ex rel.

LISA MADIGAN, Attorney

)

STATE OF

ILLINOIS

General of the State of Illinois,

)

POllution

Control

Board

Complainant,

v.

)

PCB 04-15

(Enforcement-Water)

ATKINSON GRAIN

&

FERTILIZER,

INC.,

a Delaware. corporation,

Respondent.

STIPULATION MID PROPOSAL FOR SETTLEMENT

Complainant,

PEOPLE OF THE STATE OF ILLINOIS, by~LISAMADIGAN,

Attorney General of the State of Illinois,

on her own motion,

and at

the request of the Illinois Environmental Proteàtion Agency

(“Illinois

EPA”), and Respondent, ATKINSON GRAIN

&

FERTILIZER,

INC.

(“AGF”),

do

hereby submit this Stipulation and Proposal for Settlement.

The

parties agree that the Complainant’s statement of facts contained

herein is agreed to only for the purposes of settlement.

The parties

further state that neither the fact that

a party has entered into this

stipulation, nor any of the facts stipulated herein,

shall be

admissible

into

evidence,

or used for any purpose in this,

or any

other proceeding, except to enforce the terms hereof, by the parties

to this agreement.

Notwithstanding the previous sentence,

this

Stipulation and Proposal for Settlement,

and any Illinois Pollution

Control Board

(“Board”) order accepting same, may be used as evidence

of a past adjudicated violation of the Act as alleged herein,

pursuant

to Section 42(h)

of the Illinois Environmental Protection Act

(“Act”),

415

ILCS 5/42 (h) (2002),

in determining mitigation or aggravation of

appropriate civil penalties for any future violations of the Act.

---

This Stipulation may also be used in any permitting action for the

purposes of Section 39(i)

of

the Act,

415

ILCS 5/39(1) (2002).

This

Stipulation and Proposal for Settlement

shall be null and void unless

the Board approves and disposes of this matter on each and every one

of the terms and conditions of the settlement set forth herein.

I.

JURISDICTION

The Board has jurisdiction of the subject matter herein and of

the parties consenting hereto pursuant to the Act,

415 ILCS 5/1 et

seq.

(2002)

II.

AUTHORIZATION

The undersigned representatives for each party certify that they

are fully authorized by the party whom they represent to enter into

the terms and conditions of this Stipulation and Proposal for

Settlement and.to legally bind them to it.

III.

APPLICABILITY

This Stipulation and Proposal for Settlement shall apply to,

and

be binding upon,

the Complainant and AGF,

and any officer,

agent,

employee or servant of AGF,

as well

as the AGF’s successors and

assigns.

AGF shall not raise as

a defense to~any enforcement action

taken pursuant to this settlement the failure of its officers,

2

---

directors,

agents,

servants or employees to take such action as shall

be required to comply with the provisions of this settlement.

IV.

STATEMENT OF FACTS

1.

The IllinOis EPA is an administrative agency of the State of

Illinois,

created pursuant to Section 4 of the Act,

415 ILCS 5/4

(2002), and is charged,

inter alia,

with the duty of enforcing the

Act.

2.

Respondent AGF,

at all times relevant to the Complaint

in

this matter, was and is

a Delaware corporation in good standing and

authorized to conduct business in the State of Illinois.

3.

Respondent AGF,

at all times relevant to the Complaint in

this matter, has owned and operated a facility located at 400 N.

Spring Street,

Atkinson, Henry County,

Illinois

(“facility”).

V.

VIOLATIONS

The Complaint alleges the following violations:

Count

I:

WATER POLLUTION

violation of Section 12(a)

of the Act,

415

ILCS 5/12(a) (2002).

Respondent

caused,

threatened or allowed water

pollution in the State of Illinois as the result of a fertilizer spill

on May 1,

2002.

Count

II: CREATION OF A WATER POLLUTION HAZARD violation of Section

12 (d)

of the Act, 415 ILCS 5/12 (d) (2002)

.

Respondent created a

3

---

water pollution hazard as the result of a fertilizer spill on May 1,

2002.

Count III: VIOLATION OF WATER QUALITY

STANDARDS

violation of Section

Section 12(a)

of the Act and 35 Ill.Adm.

Code 302.203,

302.208(g)

and

302.212(a).

Respondent caused levels of contaminants in waters of the

State of Illinois to exceed water quality standards.

Count

IV: DISCHARGE OF CONTAMINANTS WITHOUT NPDES PERMIT violation of

Section 12(f)

of the Act,

415 ILCS 5/12(f), and 35 Ill. Adm. Code

309.102(a).

Respondent discharged contaminants into waters of the

State of Illinois without

a permit from the Illinois EPA.

VI.

NATURE OF RESPONDENT’S OPERATIONS

Respondent owns and operates an agricultural chemical and supply

business,

in the course of which it manages agricultural chemicals,

including fertilizers.

VIII.

FUTURE

PLANS

OF

COMPLIANCE

AGF

shall

comply

with

all

requirements

of

the

Act,

415

ILCS

5/1

et seq.

(2002),

and

the

Illinois Pollution Control Board Regulations,

35

Ill. Adm.

Code Subtitles A through

H.

AGF has adopted contingency

and spill response plans and will diligently follow those plans.

See

Exhibit

1,

which

is hereby incorporated into this Stipulation and

4

---

Proposal for Settlement.

Ix.

IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE

Section 33(c)

of the Act,

415 ILCS

5/33 (c) (2002),

provides as

follows:

In making its orders and determinations,

the

Board shall take into consideration all the

facts

and

circumstances

bearing

upon

the

reasonableness of the emissions,

discharges,

or

deposits

involved

including,

but

not

limited

to:

1.

the character and degree of injury to,

or interference with the protection of

the

health,

general

welfare

and

physical property of the people;

2.

the

social

and economic value

of the

pollution source;

3..

the suitability orunsuitability of the

pollution source

to the area

in which

it

is located, including the questions

of

priority

of

location

in

the

area

involved;

4.

the

technical

practicability

and

economic reasonableness of reducing or

eliminating

the

emissions,

discharges

or

deposits

resulting

from

such

pollution source;

and

5.

any subsequent compliance.

In response to these factors,

the parties state as follows:

1.

Plaintiff contends that the impact to the public resulting

from AGF’s noncompliance was that the incident resulted in excessive

levels of contaminants

in waters of the State as alleged in the

Complaint.

5

---

2.

AGF’s operations that are the subject of the Complaint have

social and economic value.

3.

The AGF activity that is the subject of the Complaint,

i.e.,

the management

of agricultural chemicals,

is suitable to the area in

which it is located.

4.

Complying with the requirements of the Act and the Board

Regulations is both technically practicable and economically

reasonable.

5.

AGF achieved compliance by removing the contaminated

sediments from the spill site.

x.

CONSIDERATION OF SECTION 42(h)

FACTORS

Section 42(h)

of the Act,

415 ILCS 5/42(h) (2002), provides as

follows:

In determining the appropriate civil penalty

to be imposed under subdivisions

(a),

(b) (1),

(b) (3),

or

(b) (5)

of this Section, the Board

is

authorized

to

consider

any matters

of

record

in

mitigation

or

aggravation

of

penalty,

including but not

limited

to

the

following factors:

1.

the

duration

and

gravity

of

the

violation;

2.

the

presence

or

absence

of

due

diligence on the part of the violator

in

attempting

to

comply

with

the

requirements

of

this

Act

and

regulations

thereunder

or

to

secure

relief

therefrom

as

provided by

this

Act;

3.

any

economic benefits

accrued by

the

violator because of delay in compliance

with requirements;

6

---

4.

the

amount

of

monetary penalty which

will

serve to deter further violations

by the violator and to otherwise aid in

enhancing

voluntary

compliance

with

this

Act

by

the

violator

and

other

persons similarly subject

to the Act;

and

5.

the

number,

proximity

in

time,

and

gravity

of

previously

adjudicated

violations of this Act by the violator.

6.

whether

the

respondent voluntarily

self-disclosed,

in

accordance

with

subsection

(i)

of

this

Section,

the

non-compliance to the Agency;

7.

whether

the

respondent

has

agreed

to

undertake a T?supplemental environmental

project,”

which

means

an

environmentally beneficial project that

a

respondent

agrees

to

undertake

in

settlement

of

an

enforcement

action

brought

under

this

Act,

but

which

the

respondent

is

not

otherwise

legally

required to perform.

In response to these factors, the parties state as follows:

1.

Complainant contends that the violations that are the

subject

of

the

Complaint

occurred over as long as an approximately

nine month period.

2.

Complainant contends that the Respondent was not diligent in

its initial response in that it washed contaminants into waters of the

State,

rather than containing the contaminants.

Respondent contends

that

it immediately contacted 911 fire rescue following the incident.

The Respondent further contends that the fire

department

arrived

on

scene and also washed the contaminants into waters of the State.

3.

Complainant contends that the Respondent did accrue an

economic benefit by delaying expenditures associated with the

7

---

impl~mentationof an adequate spill contingency plan and those arising

from the removal of contaminated sediments.

Parties agree that the

penalty amount is greater than the economic benefit arising from

noncompliance.

4.

The parties believe that a civil penalty of $20,000.00 will

deter AGF from committing further viqlations, and will •aid in

enhancing voluntary compliance by AGF and others similarly subject to

the Act.

5.

AGF entered into a consent order with the State of Illinois

resolving alleged air, water and land violations in the Circuit Court

for Henry County on April

24,

1996.

6.

Respondent did not self-disclose the noncompliance pursuant

to the requirements of Section 42(h) (6)

of the Act,

415 ILCS

5/42(h)

(6) (2002)

7.

Respondent

is not performing

a

Supplemental Environmental

Project.

XI.

TERMS OF SETTLEMENT

1.

The Respondent represents that it has entered into this

Stipulation and Proposal for Settlement for the purpose of settling

and compromising disputed claims without having to incur the expense

of contested litigation.

By entering into this Stipulation and

Proposal for Settlement and complying with its terms,

the Respondent

denies each and every allegation of violations within the Complaint,

and this Stipulation and Proposal for Settlement shall not be

8

---

interpreted as including such admission.

2.

AGF shall pay a civil penalty of $20,000.00 into the

Environmental Protection Trust Fund within thirty

(30)

days after the

date the Board adopts a final opinion and order approving this

Stipulation and Proposal for Settlement.

Payment shall be made by

certified check or money order, payable to the Illinois Environmental

Protection Agency, designated to the Illinois Environmental Protection

Trust Fund,

and shall be sent by first class mail to:

Illinois Environmental Protection Agency

Fiscal Services Section

1021 North Grand Avenue East

P.O. Box 19276

Springfield,

IL 62794

A copy of the check shall be sent to:

Christopher

P.

Perzan

Assistant Attorney General

Environmental Bureau

188 West Randolph Street,

20th Floor

Chicago,

IL 60601

AGF shall write the case caption and number,

and its Federal Employer

Identification Number

(“FEIN”), 36-266-0405, upon the certified check

or money order.

3.

For purposes of payment and collection, the Respondent may

be reached at the following address:

Tim Anderson, Vice President

Atkinson Grain & Fertilizer,

Inc.

P.O.

Box

631

Atkinson,

Illinois 61235

4.

Pursuant to Section 42(g)

of the Act,

415

ILCS

4/42(g) (2002),

interest shall accrue on any amount not paid within the

time period prescribed herein,

at the maximum rate allowable under

9

---

Section 1003(a)

of the Illinois Income Tax Act,

35

ILCS 5/1003 (a).

(2002)

a.

Interest on unpaid amounts shall begin to accrue from

•the date the penalty is due and continue

to accrue

to the date payment

is received.

b.

Where partial, payment

is made on any payment amount

that is due,

such partial payment shall be first applied to any

interest on unpaid amounts then owing.

C.

All interest on amounts owed the Complainant,

shall be

paid by certified check payable to the Illinois Environmental

Protection Agency for deposit in the Environmental Protection Trust

Fund and delivered in the same manner as described

in Section XI.2.

herein.

5.

Respondent shall diligently implement the Emergency Response

•and Contingency Plan,. including revisions from time to

time,

attached

as Exhibit

1.

6.

AGF shall cease and desist from future violations of the Act

and Board regulations that were the subject matter of the Complaint as

outlined

in Section V of• this Stipulation and Proposal

for Settlement.

XII.

COMPLIANCE WITH OTHER LAWS AND REGULATIONS

This Stipulation and Proposal for Settlement

in no way affects

the Respondent’s responsibility to comply with any federal,

state or

local laws and regulations.

10

---

XIII.

RELEASE FROM LIABILITY

In consideration of the Respondent’s payment of a $20,000.00

civil penalty and its commitment to refrain from further violations of

the Act and the Board Regulations,

upon

receipt by Complainant

of the

payment requIred by, Section XI of this Stipulation,

the Complainant

releases, waives and discharges Respondent and its officers,

directors,

employees,

agents,

successors ~nd assigns from any further

liability or penalties for violations which were the subject matter of

the Complaint herein.

However, nothing in this Stipulation and

Proposal for Settlement

shall be construed as

a waiver by Complainant

of the right to redress

future violations

or obtain penalties with

respect

thereto.

11

---

WHEREFORE,

Complainant and Respondent request that the Board

adopt and accept the foregoing Stipulation and Proposal for Settlement

as written.

AGREED:

FOR THE COMPLAINANT:

PEOPLE OF THE STATE OF ILLINOIS

LISA

MADIGAN

Attorney General

State of Illinois

Matthew ~3.Dunn,

Chief

Environment Enforcement

/

As~.e’s~s

Litigation Division

I-’,

By:

onm~~~I’’~ur?

Assistant Attorney General

Dated:____________________

FOR THE RESPONDENT:

ATKINSON--G.~RAINAND

FERTILIZER,

‘TI,i~~’~”t5:

~

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

By:QXT~~Zr~

OSEP~E. SVOBODA

Chief Legal Counsel

Division of Legal Counsel

Dated

:

9

0 ~

I

I

12

---

EXHIBIT

1

---

Emergency Response

and Contingency Plan

Atkinson Grain and Fertilizer,

Inc~

400 North Spring Street

Atkinson,

Ii. 61235

(309) 936-7177

24

Hour

Emergency Contacts:

Henry County —911

Tim Anderson

—

936-7653

(home)

Dan Callison

-

944-5007 (home)

Blake Haverback

—

936-1444 (home)

---

•

,

,

Page2

Table of Contents

Page 3

,

-.

Emergency Contacts

Page 4

-

.

Evacuation Plan

Page 5

-

Evacuation Plan (cont.)

Page 6

-

On-Site Release and Spill Emergency Procedure

Page 7

•

-

On-Site Release and Spill Emergency Procedure

Page 8

-

‘

Off-Site Release and Spill Emergency Procedure

Page 9

-

Off-Site Release and Spill Emergency Procedure

Page 10

-

On

Site Permanent Storage

Containment Plan

Page 11

-

Employee Assignments

Page

12

-

Additional Emergency Equipment and Supplies

Page

13

-

Emergency Phone Numbers, Priority Order,

Additional Information

---

•

•

•

Page3

Emergency Contacts

Warning Device

An InternailExtemal communication system (loudspeakers, telephone, intercom, portable

radios, etc.) is a vital

part

of

this

plan.

These communication devises will be usedto

instruct

employees where to assemble

and

what to do.

Employees should assemble

in the

main

office lobby.

Ifthe

main

office lobby is not accessible, employees should assemble

by the

Atkinson

Grain

and

Fertilizer

sign

at the

facility entrance.

Emergency Coordinator

and

Alternates:

Emergency Coordinator (Manager):

Tim

Anderson

945-6049 (mobile)

•

936-7653

(home)

Facility Alternates:

‘

‘

Rich

Fairfield

309-392-2978 (office)

217-737-5008 (mobile)

Blake Haverback

936-1444 (home)

945-6048 (mobile)

Ron Thompson

936-7478

(home)

Dan Callison

944-5007 (home)

HAZ-MAT Response Group

(800) 229-5252

Regional Manager~

Ted Nixon

309-392-2978

The Emergency Coordinator Will:

1.)

Take charge ofthe incident

and

coordinate actions with the emergency response

agencies.

2.)

Determine and notify necessary facility employees.

3.)

Notify company management

through

the 24 hr.

emergency number.

4.)

Assign a personto document all activities

and

take photographs.

5.)

Ensure that this plan is reviewed, tested, and communicated to

all

employees.

Emergency Response

I

Agency Listing:

Police:

Henry

County / State Police

I

Fire Department

911

Hammond Henry Hospital

309-944-5650

IEMA

—

illinois Emergency Management Agency

1-800-782-7860

HAZ-MAT RESPONSE

l-800-229~-5252

National Response Center

1-800-424-8802

(ifthe substance is a CERCLA hazardous substance)

Hazardous Materials Incidents

1-800-843-0699

•Power Company: Illinois Power Co

Gas Leak

1-800-755-6000

Wires Down

1-800-755-7000

---

•

Page4

•

Evacuation Plan

Primary

EscapeRoute:

Notify Emergency Coordinator (Tim or Dan).

Assemble in front

office lobby or

by

Atkinson Grain and Fertilizer sign for

further instructionand

evacuation.

Ifevacuation from property is necessary, go up wind a safe

distance, gather

in a group, and check for missing or unaccounted for personnel.

Building Procedure In Case Of

Fire

or Storm:

Building #1— Front Office:

1.

Back up computer

and

shut down in case ofstorm if time allows.

2.

Cut electrical power for office on electrical panel outside soybean dump pit.

3.

Shut vault door

4.

Meet at Atkinson Grain

and

Fertilizer sign for

further instructions.

5.

Advise fire department ofchemical locations.

6.

All employees helping must wear protective equipment.

Building #2—Feed Mill and Warehouse:

1.

Shut all

outside doors if possible.

2.

Cut

electrical powerto Building

#2

on the electrical panel outside ofsoybean dump

pit.

3.

All employees involved in operation must wear the appropriate protective equipment.

4.

Utilize portable radios.

•

5.

Meet at Atkinson Grain and Fertilizer sign and await

further

instructionS.

Building

#3— Chemical Warehouse. and Fertilizer Load Bays:

1.

Shut herbicide tanks

in dike

if time allows

2.

Shut offall

electrical power in main box in electrical room.

3,

Shut all outside doors.

4.

Shut fertilizer tanks in dike outside.

5.

Assemble in front office for further instructions.

6.

End loader operator should be ready to plug tile in NE corner ofearthen dike.

7.

Ready portable pumping equipment to recover runoff

and

pump back into fertilizer

dike.

8.

All employees assisting in the operation

must

wear

proper protective equipment.

9.

Utilize portable radios.

•

•

---

Evacuation Plan

(cont.)

Building #4

-

Seed Warehouse and Shop:

1.

Shut off electrical

power on panel outside of soybean

dump

pit.

2.

Shut offnatural gas line

3.

Remove all oil

tanks and

containers,

if possible.

4.

Shut all doors inside

and out iftime

permits.

5.

Be ready with loaders to contain any runoff.

6.

Ready portable equipmentto

recoverrunoffand

pump into

tanks

in fertilizer

dike.

7.

All employees assisting in the operation must

wear

proper protective equipment.

8.

Utilize portable radios ifneeded.

Building #5

-

Dry

Fertilizer Warehouse and Mixing

1.

Shut off electrical power on panel by liquid mixer.

2.

Shut all doors inside

and out iftime permits.

3.

Be ready with loaders to contain any

runoff.

4.

Ready portable equipment to recover runoff and pump into

tanks

in fertilizer dike.

5.

All employees assisting in the operation must wear proper protective equipment.

---

•

•

Page6

Rele•ase and Spill Emergency Procedures

1.

Notify

the Emergency

Coordinator.

2.

Find the MSDS and follow cleanup instructions:

Anhydrous Ammonia Tanks, Lines, and Hoses:

1.

Determine size and severity ofthe spill or leak.

2.

Notify

all employees

and

direct them to

a

safe area

upwind

from

the contaminated

area.

3.

Notify

the

necessary

businesses

and residences

depending

upon

the

size ofthe

spill.

4.

Notify

the Fire

Department.

5.

Stop the

leak

ifpossible

—

Safety

equipment

must

be worn!!!!

6.

Keep

all

unauthorized people a

safe

distance from the contaminated area.

7.

Take the

necessary steps to stop and contain the spill if

it is safe to do so.

8.

Notify the proper authorities. (see page

13

for details)

9.

Make sure plenty ofwater is available in case of

accidental

exposure.

10.

andshould be trained in the safe handling ofAnhydrous Ammonia.

Small Leaks: per alternate release scenario ofRMP

Isolate, as needed, to at least

150 feet.

If

entering

isolated area, protect from body contact. Use a gas mask

with

NH3

canisters.

•

•

•

•

Large Spills: per worst case scenario ofRMP Isolate, as needed, to at least 300

feet. Then evacuate a

downwind

area .4 mile

wide and

.94

mile

long.. To enter isolated

area,

use

only

self-cOntained, positive-pressure breathing

apparatus and full

protective

clothing.

a.

Use water vapor to reduce vapor. Do notput water on a leak or liquid

pool.

Propane Tanks, Lines, and Hoses:

Use water vapor to keep propane vapors from igniting, or to extinguish

flame. Use proper protective clothing and breathing apparatus.

Chemical Spills and Liquid Spills on site:

a.

For chemical spiis and fertilizer alert your Emergency Coordinator, then read

theMSDS for instructions on protective gear and cleanup method.

Put on proper clothing andbreathing apparatus.

•

b.

Contain the spill using limestone, dirt, or appropriate absorbent materials to

stop the movement ofthe

spill.

c.

Recover as much product as possible and clean up the affected area by using

floor dry, limestone, or an appropriate absorbent material. Recover clean up

material and keep dry until permits are secured.

Follow all EPA and DOA

•

instructions for remediation. This includes Land Application Permit to land

•

apply excavated materials.

---

•(cont’d)

•

•

Page7

d.

Use only the proper containers for reclaimed spilled material. Label the new

containers clearly

with

the chemical identification

and

the correct

signal

word.

POISON:

Highly

Toxic

DANGER:

Highly Toxic

WARNING:

Moderately

Toxic

•

CAUTION:

Low Toxicity

3.

There shall be no flushinR ofcontaminants into sewers, ditches, or other

waters ofthe State. Contaminants shall in all instances be contained, captured, and

removeL

This should be done in the quickest way possible to prevent harm to the

environment.

•

•

4. Should

contaminants

be released into a ditch, sewer, or other waters ofthe state:

a. Determine the path offlow away from the point oforigin

•

b. Block the flow

downstream

ahead ofthe contaminants, ifpossible,

and

contain

and

recover the released materials as quickly aspossible.

•

c. Vacuum

trucks

or sump

pumps

could be used to quickly recoverpooled

or contained liquids.

5.

Assess environmental effect. Contact proper agencies as appropriate. Use

lab testing to

verify

contamination.

---

•

•

•

‘

Page.8

Release and Spill Emergency Procedures

•

•

OFF- SITE

1. Notify

the Emergency Coordinator.

2.

Find the MSDS and follow cleanup

instructions

Ammonia Tanksg Lines, and Hoses:

1. Determine size and

severity

ofthe spill or leak.’

2. Notify

all employees

and

direct them to a safe area upwind from the contaminated

area.

S

•

3.

Notify

the necessary businesses

and

residences depending upon the size ofthe

spill.

4. Notify the Fire Department.

5.

Stop the leak ifpossible

—

Safety

equipment must be worn!!!!

6. Keep all unauthorized people a safe distance from the contaminated area.

7. Take

thenecessary steps to stop

and

contain the spill ifit is safe to do so.

•

8. Notify

the proper

authorities. (see page 13

for details)

9.

Make sure plenty ofwater is available in case ofaccidental exposure.

10. Everyone near the spill or leak absolutely MUST wear the propersafety

equipment obtainedfromAtkinson Grain or Fire

Dept officials, andshould be trained

in the safe handling ofAnhydrousAmmonia.

•Small Leaks: p~altemate

release

scenario

ofRMP Isolate, as needed, to

at least 150

feet. Ifentering isolated area, protect from bodily contact. Use a

gas

mask

withNH3

canisters.

•

•

Large

Spills: per worst case

scenario

ofRMP Isolate, as needed, to at least

300 feet. Then evacuate a

downwind area

.4 mile wide

and

.94 mile long. To enter

isolated area, use only self-contained, positive-pressure breathing apparatus and

full protective clothes.

•

Use watervapor to reduce vapor. Do not put water on a leak or liquid pool.

Propane Tanks, Lines,

and

Hoses:

•

S

•

Use water vapor to keep propane vapors from igniting, orto

extinguish

flame. Only personnel trained in the hazards ofpropane should make any attempts to

fix

leak orput out fire. They should use proper protective clothing and breathing apparatus.

Chemical Spills

and Liquid Spils

‘1.

For chemical spills

and

fertilizer alert your Emergency Coordinator, then read

the MSDS for

instructions

on protective gear

and

cleanup method. Put on proper

clothing

and

breathing apparatus obtainedfrom AGF or Fire Department

officials..

S

2 Contain spill using limestone, dirt, or appropriate absorbent material to stop the

movement ofthe spill. Contact appropriate agencies. Agencies

are

listed on

•

Emergency Contacts page.

---

(cont’d)

Page

9

3.

Recover as much product as possible and cleanup the affected area by using

floor dry, limestone, or an appropriate absorbent material. Recover clean up

material and keep dry until permits are secured.

Follow all EPA and

DOA

instructions for remediation. This includes Land Application Permit to land apply

•

excavated materials.

•

4.

Use onlythe proper containers for reclaimed spilled material. Label the new

containers clearly

with

the chemical identification

and

the correct signal word.

•

POISON:

Highly Toxic

DANGER:

Highly.Toxic

S

WARNING:

Moderately Toxic

•

•

CAUTION:

Low Toxicity

•

5.

Should contaminants be released into a ditch, sewer, or other waters ofthe

• state:

•

a. Determine the path of flow away from the point oforigin

b. Block the flow downstream ahead ofthe contaminants, ifpossible,

contain

and

recoverthe released materials as quickly as possible.

c. Vacuum trucks or sump pumps could be used to quickly recover pooled

or contained liquids.

5

6.

Assess environmental impact ofspill using labtests to verify contamination.

**Importaflt:

S

There shall be no /lushinR ofcontaminants into sewers, ditches, or other

waters ofthe State. Contaminants shall in all instances be contained, captured, and

removed. This should be done in

the quickest method possible to preventharm to the

environment.

S

S

•

•

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Page 10

S

S

On-Site Permanent Storage Tanks

•

S

*****I,p.portant:

There shall be no flushinz ofcontaminants into sewers, ditches,

or other waters ofthe State. Contaminants shall in all instances be contained,

captured, andremoved. This should be done in the quickestmethod possible to prevent

•

to the environment.

~

;

S

•

S

S

S

Fuel

Spill

and Containment Plan

S

•

1.

Contain spill ifpossible

and

plug

tile

to the

northeast

by the

earthendike.

2.

Call the Fire Department

S

•

‘

S

3.

Notify K&G ofpossible explosion hazard

•

S

5

4.

Block entrances in order to keep

all

vehicles

and

people away from contaminated area

5.

Cleanup area affected

with

the spill using properprocedures for containing,

capturing,

and

removing the contaminated soils

and

liquids.

•

S

6.

Proper procedures might include the

use

ofbooms, pads, or other absorbent materials.

7.

A Permit for land application wouldbe required from the EPA for soil contaminated

with fuel.

S

8.

All people involved in the containment operation must wear necessary safety

equipment obtainedfrom Atkinson Grain or Fire Dept.

officials.

9.

Notify all

the

proper authorities. (see page 13

for details)

•

S

Anhydrous Ammonia Spill

and Containment Plan

1.

Determine size

and

severity ofthe spill or leak.

•

S

•

S

2.

Notify all employees

and

direct them to a safe area upwind from the contaminated

area.

S

S

S

S

•

S

3.

Notify

the-necessary businesses

and

residences depending upon the size ofthe spill.

4.

Notify the Fire Department.

S

5

S

S

5.

Stop the leak ifpossible

—

Safety equipment must be worn!!!!

6.

Keep all unauthorized people a safe distance from the contaminated areaby blocking

all entrances to plant and notifying all neighbors ofspill. (use isolation zone from

page 6)

•

5

5

S

S

7.•

Take the necessary steps to

stop and contain the spill if it is safe to do so.

8.

Cleanup areaaffected with the spill using proper procedures for containing,

capturing,

and

removing the contaminated soils,

and

liquids.

•

S

9.

Notify the proper authorities. (See page

13 for details)

10.

Make sure plenty ofwater is available in case ofaccidental exposure.

S

11.

Everyone near the spill or leak absolutely MUST wear the propersaftty

equipment, andshould be trained in the safe han4ling ofAnhydrousAmmonia.

28

Tank Containment Plan

1.

Plug the tile on the NE corner of earthen dike.

• 2.

Pump out 28

tank into other

tanks

if possible.

S

3.

Pump recovered fertilizer into tanks.

S

4.

Cleanup area affected

with

the spill using proper procedures for

containing,

capturing,

and

removing

the contaminated soils

and

liquids.

5.

Wear proper

safety

equipment obtainedfrom AGF or Fire Dept. officials.

6.

See page 6

for on site release

and

spill emergency procedures.

•7.

Notify the proper authorities.

(

See page

13 for details)

---

S

•

•

S

Employee Assignments

Tim Anderson:

Emergency Coordinator

andMedia

Response Person

Dan Callison:

Call

appropriate agencies, back up

Tim

ifhe is gone, have

S

appropriate MSDS sheets available, assist recovery operation

Blake IHaverback:

S

Manage communications between Emergency Response

and

Emergency Coordinator

S

S

Jim Genus:

•

•Shut off electricity, secure hazards,

and

shut doors in Main office

S

as needed and as time permits

S

Mike Taber:

Assist emergency personnel with locations, amounts, and types of

5

5

5

fertilizer

and

chemicals in buildings

and

tanks

•Ron Thompson:

Coordinate loaders andportable pumps to dike, contain,

and

recover the spilledproduct and contaniinants

Mark Heitzler:

Shut down electricity, secure hazards, and shut doors in both

fertilizer

plants

as needed

and

as time

and

safety permits.

Assist

S

S

with

containment

and

recovery of spills.

Randy Noard:

Shut down electricity, secure hazards,

and

shut doors in shop areas

S

•

~S

•

and

seed warehouse as needed andas safety andtime permits.

Assistwith containment

and

recovery ofspills.

Dick Zobrist:

Shut down electricity, secure hazards,

and

shut all doors in grain

•

•

dump pits as needed

and

as safety

and

time

permits

JeffAlexander:

•

•

Shut down electricity,

secure hazards, and shut doors in feed

building and old office as needed

and

as safety and time permits.

•

Assist

with

containment and recovery of spills.

•Vern Sturtewagon, Marty Eggan, Ron Vandergenachte:

S

S

Prepare loaders, trucks, and portable pumps for use ifneeded for

•

diking,

containing,, andrecovering spill and contaminants.

Dan Rick:

Mediator between Emergency Coordinator and Emergency

S

Response for Hooppole plant.

Work

with

Emergency personnel on

S

locations

and

amounts offertilizers, chemicals,

and

other hazards

•

on premises

S

•

S

•

Wes Roselieb:

Prepare and coordinate loaders, trucks,

and

pumps for

S

•

containment, diking,

and

recovery ofspills

Dean

Meler:

Shut off electricity, secure hazards,

and

shutdoors on buildings

as

needed

and as

time and safety permits. Assist in diking,

S

containment,

and

recovery of spills and contaminants.

---

Page 12

Additional Emergency Equipment and Supplies

S

Front-End Loaders:

•

Atkinson Grain

S

Village of

Atkinson

S

5

•

936-7658

Steve VanOpDorp

Trucking

936..7766

AGF Hooppole Plant

815-948-9111

Bull Dozers:

Ratliff Brothers-Kewanee

5

5

309-852-2222

Girten Bulldozers- Geneseo

•

944-6079

Cathelyn

Construction

—

Geneseo

944-3607

Dump

Trucks:

Atkinson Grain

S

Steve VanOpDorp Trucking

•

936-7766

Portable Water Pumps:

•

S

•

Atkinson Grain

S

•

Village ofAtkinson

S

•

936-7658

Atkinson

Fire Department

936-7233

•

Bulk Sand:

S

S

Atkinson Grain

S

•

S

Steve VanOpDorp trucking

•

936-7766

Absorbent Materials:

Atkinson Grain

---

S

S

S

S

•

•

S

Page 13

Emergency Phone Numbers

S

S

S

•

THE FOLLOWING IS

TIlE

ORDER

OF

C~AtLS

AND WHAT

YOU

DO IF YOU HAVE A RELEASE OF PRODUCT.

Local Agencies

911

5

5

5

Illinois Emergency Management Agency

1-800-782-7860

(document name of person and incident#)

•

National Response Center

1-800-424-8802

•

S

(Only if

reportable quantity)

Document name ofperson you talk to

Local LEPC.

---

S

S

S

Illinois Department of Ag.

1-217-785-2427

Written report of events sent to Illinois Emergency Management

Agency as soon as possible. Use incident number given to you by IEMA

and the National Response Center.

~S

Illinois Emergency Management Agency

Send to:

110

East Adams

S

Springfield, IL.

62701-1109

Contain the spill, recover

all

you can, follow

all EPA

and BOA instructions

for remediation.

S

S

S

S

Important: Thereshall be no flushing of

contaminants into sewers, ditches, or other waters of the State.

Contaminants shall in all instances be contained, captured, and

removed. This should be done in the quickest method possible to

prevent harm to the environment.

•********

S

Ifyou use limestone or sand to clean area you will need to get a permit

from the Illinois Department of Ag.

to dispose of product by direct land

application.

Keep the recovered material

dry

until you are given the ok

to dispose of.

S

5

5

*****please keep

a detailed list of

events and whom

you talk to.*****

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

RECE~VED

S

S

S

•

•

•

CLERK’S OFFICE

PEOPLE OF THE STATE OF ILLINOIS,

ex rel.

LISA MADIGAN, Attorney

)

EP

01

2004

General of the State of Illinois

S

S

STATE OF

ILLINOIS

S

•

)

S

•

Pollution Control Board

Complainant,

S

5

)

S

v.

•

S

•

•

)

PCB 04-15

S

5

5

•

•

S

•

)

•

(Enforcement-Water)

ATKINSON

GRAIN

&

FERTILIZER,

INC.,

)

S

a Delaware Corporation,

S

•

)

S

•

Respondent.

S

S

S

•

MOTION TO REQUEST RELIEF

•

S

•

•

FROM HEARING REQUIREMENT

NOW COMES the Complainant,

PEOPLE OF THE STATE OF ILLINOIS, by

LISA

MADIGAN,

Attorney General of the State of Illinois, and requests

relief from the hearing requirement in the above-captioned matter.

In

support thereof, the Complainant states as follows:

1.

•

On June

30,

2003,

a Complaint was filed with the Pollution

Control Board• (“Board”•)• in this matter.

Simultaneously. with this

Motion,

the pa~tiesare filing a Stipulation and Proposal for

Settlement with the Board.

•

•

S

2.

Section 31(c)

(2)

of the Illinois Environmental Protection

Act

(“Act”),

415 ILCS 5/31(c) (2), (2002) allows the parties in certain

enforcement cases to request relief from the mandatory hearing

S

requirement•where the parties have submitted to the Board a

stipulation and proposal for settlement.

Section 31(c) (2) provides:

•

Notwithstanding the provisions of subdivision

S

•

(1)

of

this

‘subsection

•

(c),

whenever

a

complaint

•has been filed on

behalf

of

the

•

•

Agency

or

by

•

the

People

of

the

State

of

S

Illinois, the parties may file with the Board

a

stipulation’ and proposal

for

settlement

accompanied by a request for relief from the

requirement

of

a

hearing

pursuant

to

•

S

subdivision

(1)

.

Unless

the Board,

in

its

discretion, concludes that a hearing will be

---

held,

the

Board shall

cause

notice

of

the

stipulation, proposal. and request for relief’

S

•

to be published and

sent• in the same manner

‘

as

is

required

for

hearing

pursuant

to

5

subdivision

(1)

of

this

subsection.

The

S

notice

shall

include

a

statement

that

any

•person may file a written demand, for hearing.

within

21

days after

receiving

the notice.

If any person files

a timely •written demand

for hearing, the Board shall

deny the request

S

for relief from

a hearing and shall

hold’

a,

•

hearing in accordance with the provisions of

5

subdivision

(1)

.

‘

,

5’

3.

No hearing

is currently scheduled in the instant case.

4.

The Complainant requests the relief conferred by Section

31(c)

(2)

of the Act.

S

S

S

•

•

WHEREFORE,

the Complainant,

PEOPLE OF THE STATE OF ILLINOIS,

by

LISA MADIGAN, Attorney General of

the State of Illinois,

requests

relief from the requirement

of

a hearing pursuant

to 415 ILCS

5/31 (c)

(2) (2002).

,

5

,

‘

5’

•

S

Respectfully submitted,

S

PEOPLE

OF’ THE STATE

OF ILLINOIS,

•LISA MA.DIGAN,

•

S

Attorney General of the

•

State

Office

of the Attorney General

Environmental Bureau

lB8 West Randolph Street,

20th

Fl

Chicago,

IL 60601

•

312/814-3532

5

By

iey General

---

S

CERTIFICATE OF SERVICE

•

•

•

I,

CHRISTOPHER P. ‘PERZAN, an Assistant Attorney General, certify

that on the 1st day of September,

2004,

I caused to be•served by

Registered Certified Mail,

Return Receipt Requested, the foregoing

Complaint and Appearance to the parties named on the attached service

list,

by depositing same in postage prepaid envelopes with the United

States Postal Service, located at 100 West Randolph Street,

Chicago,

Illinois 60601.

•

S

5

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•

•

‘

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•

‘•

S

~~PHERP.~~

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