ILLINOIS POLLUTION CONTROL BOARD
December 15, 1983
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
)
Complainant,
V.
)
PCB 83—78
ILLINOIS CENTRAL GULF RAILROAD
a Delaware corporation,
)
Respondent.
MR. JAMES L. MORGAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON
BEUALF OF THE COMPLAINANT.
MR. GORDON B. MANNING, REGIONAL ENVIRONMENTAL CHEMIST, APPEARED
ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD (by W. J. Nega):
This matter comes before the Board on the June 24, 1983
Complaint brought by the Illinois Environmental Protection Agency
(Agency).
Count I of the Complaint alleged that, on March 12, 1981;
October 7, 1981; and June 24, 1982, the Respondent caused or
allowed water pollution by discharging effluent containing approxi—
inately 500 gallons of oil into
the
waters of the Fuiton Branch
from its Wamac Mechanical Facility (Wamac Carshop) near the
City
of Wamac in Washington County, Illinois in violation of
Section 12(a) of the Illinois Environmental Protection Act (Act).
Count II alleged that, on March 12, 1981; October 7, 1981;
and June 24, 1982, the Respondent discharged effluent contain-
ing visible oil and other contaminants from the Wamac Carshop
into the waters of the Fulton Branch in violation of 35 11.1.
Mm. Code 304.106 and Section 12(a) of the Act.
Count III alleged that, on March 12, 1981; October 7, 1981;
and June 24, 1982, the Respondent discharged effluent from
the
wamac Carshop which caused the Fulton branch to contain visible
oil in violation of 35 Ii.. Adm. Code 302.201 and 302.203 and
Section 12(a) of the Act.
Count IV alleged that, on March 12, 1981; October 7, 1981;
and June 24, 1982: the Respondent caused or allowed the discharge
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of approximately 500 gallons ot oil into the waters of Fulton
Branch at points other than Outfall 001 in violation of 35 Ill.
Adm. Code 309.102 and Section 12(f) of the Act.
Count V alleged that, on March 9, 1982*, the Respondent
caused or allowed the discharge of effluent containing oil and
other contaminants into the Wamac Sewer System and Sewage Treat-
ment Lagoon in violation of 35 Ill.
Mm.
Code 307.102 and Sec-
tion 12(a) of the Act.
A hearing was held on September 29, 1983, The parties
filed a Stipulation and Proposal for Settlement on October 14,
1983.
The Respondent, the Illinois Central Gulf Railroad Company
(Illinois Central), is a Delaware corporation duly authorized
by the Illinois Secretary of State to transact business in Illi-
nois. Illinois Central owns and operates a shop in Marion County,
Illinois at which it assembles and repairs railroad freight cars
and cabooses. This facility, which is located near the City
of Wamac in Washington County, Illinois is known as the Wamac
Mechanical Facility and is commonly referred to as the Wamac
Carshop. (Stip. 2).
The Wamac Carshop, which is less than 2 miles south of the
City of Centralia, is located near the luncture of 3 counties
(i.e., Clinton County, Marion County, and Washington County).
~lthough the office and principal facilities of the Wamac Carshop
are located in Marion County, portions of the Respondent’s car
shop extend into Clinton County. The car shop derives its name
from the nearby City of Wamac, which borders the car shop on the
south and west.
*The Board notes that on p. 11 of the Complaint, the date
of the alleged violation is stated to be “on or about March 9,
1982”. However, on p. 4 of the Stipulation, the date of the same
violation is stated to be “on or about March 8, 1982”. The
actual date that the violation occurred (i.e., whether it was
March 8, 1982 or March 9, 1982) is unclear from the record, but
the Board will consider the date of March 8, 1982 to be accurate
because
it has been stipulated to by the parties.
It is also noted that typographical errors in the dates of
other alleged violations are to be found on p. 3 and p. 9 of the
Complaint, as well as a typographical error in the date of a
stipulated violation on p. 3 of the Stipulation.
Additionally, although p. 7 of the Stipulation referred to
Exhibit A (i.e., the Respondent’s Emergency Oil Spill Response
Plan), the parties inadvertently failed to submit this exhibit
to the Board. At the request of the Board, Exhibit A was sub—
mitted by the Attorney General’s Office on November 22, 1983.
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Treated industrial wastewater and effluent from storm water
runoff is discharged by Illinois Central from the Wamac Carshop
into the Fulton Branch at a single point source (Outfall 001)
pursuant to NPDES Permit No. IL 0000779. The Respondent’s
NPDES Permit, which was issued by the Agency on February 21,
1979, is effective until November 30, 1983. (Stip.2).
The Fulton Branch, an intermittent stream, flows under a portion
of the Wainac Mechanical Facility via an archway and then
flows through the City of Wamac into Sewer Creek. Sewer Creek
is a tributary of Crooked Creek (which is tributary to the
Kaskaskia River).
This case involves a series of 4 discharges of oil (i.e., oil
spills) from the Respondent’s mechanical facility. Three of these
discharges, which occurred on March 12, 1981; October 7, 1981; and
June 24, 1982, went into an intermittent stream of the Fulton
Branch which flows under the Warnac Carshop. The fourth improper
discharge, which occurred on March 8, 1982*, flowed into the
sewer system
of the City of Warnac.
The parties have stipulated that, on March 12, 1981, an
oil spill which occurred at the Wamac Carshop resulted in the
release of approximately 500 gallons of oil into the waters
of the Fulton Branch. This oil, which flowed through the
City of Wamac via the Fulton Branch, traveled a distance of about
1½ miles downstream from the Wamac Carshop. (Stip. 3).
It is also agreed that, on October 7, 1981, about 500
gallons of oil were discharged in another oil spill incident
at the Wamac Carshop. After being informed by a resident of the
City of Wamac about a strong fuel odor emanating from the waters
cf
the Fulton Branch, an investigation by the Agency of the Fulton
Branch, both upstream and downstream of the area revealed “a
strong fuel
odor and oil covering on the water downstream from the
Wamac Carshop, but not upstream.”
(Stip.
3).
Subsequent Agency
analysis of water samples taken from the Fulton Branch found oil
levels of 880 mg/i downstream of the Wamac Carshop, while upstream
levels of oil were only 3 mg/i. (Stip. 3).
On June 24, 1982, after being informed by Mr. Harold
Stewart (the Chief of Police for the City of Wamac) that the waters
of the Fulton Branch downstream of the Wamac Carshop contained
large quantities of oil, an Agency employee took water samples
to ascertain if any water quality violations had occurred.
Subsequent water sample analysis by the Agency disclosed that
levels of oil were 10,560 mg/i near the downstream boundary of
the Wamac Carshop and oil levels were 6,855 mg/i one and one—half
miles downstream. (Stip. 3). Upstream of the Wamac Carshop, oil
levels were only 3 mg/i. Additionally, visual inspection by
the Agency’s employee indicated that the surface of the Fulton
Branch was covered by oil at both downstream sampling points
and showe~1that at least 500 gallons of oil were involved in the
discharge from the Respondent’s car shop. (Stip. 3).
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The Agency has asserted that the discharges of oil from the
Warnac Carshop on March 12, 1981; October 7, 1981; and June 24,
1982 “altered the physical, chemical, and biological properties
of the waters of the Fulton Branch so as to render those waters
harmfulc detrimental, or injurious to public health, safety, or
welfare and to domestic, commercial, industrial, agricultural,
recreational uses and to livestock, wild animals, birds, fish
and other aquatic life”, (Stip. 4). Although Ilinois Central
worked to contain and clean up the oil that entered the Fulton
Branch after each discharge, these discharges of effluent con-
taining oil caused the waters of the Fnltnn Branch to contain
visible oil for varying lengths of time after each discharge
and had
a detrimental effect on the environment. (Stip. 4).
Another oil spill incident occurred on March 8, 1982 when
oil was discharged at the Wamac Carshop and entered the City of
Wamac’s sewer and wastewater treatment systems. A water sample
collected at one of the City of Wamac’s lift stations after the
Respondent’s discharge consisted of over 90 oil, while analysis
of a water sample collected from the city’s sewer system at a
manhole downstream from the Wamac Carshop showed an oil level
of 1,504 mg/i. (Stip. 4).
The Agency has contended that, because of its nature and
quantity, this discharge of oil and other contaminants from the
Respondent’s car shop on March 8, 1982 “posed a threat of fire,
explosion or injury to the sewer system, the treatment works
or their operation, or a safety hazard to personnel operating the
treatment works.” (Stip. 4),
The proposed settlement agreement provides that the Respon-
dent admits the violations alleged in the Complaint and agrees to:
(1) cease and desist from further violations; (2) follow a
specified compliance plan and schedule (to prevent any future
discharges of oil or other contaminants from previous sources);
(3) develop and implement an oil spill contingency plan (which
is to
be
submitted to the Agency) to effectively deal with any
fttture oil discharges that may occur at the plant; and (4) pay
a stipulated penalty of $9,000.00 in four quarterly installments
of $2,250.00 each into the Environmental Protection Trust Fund
for the purpose of cleaning up spills and discharges of oils and
hazardous wastes in Illinois. (Stip. 5—9; see: Exhibit A).
As part of its compliance plan, the Respondent has also
agreed to: (1) seal the overflow lines on the pump stations
which are tributary to its oil separation treatment facility;
(2) submit a copy of the site plan of the Warnac Carshop to the
Agency; (4) submit a list designating those employees who will
handle and coordinate emergency responses to oil spills on a
24—hour basis; (5) notify the Agency’s Emergency Response Unit
within 2 hours of any unusual or extraordinary discharge of oil
or other contaminants at the Warnac Carshop; (6) provide the
Agency with details of any noncomplying discharges and corrective
measures taken to rectify the situatior, within 5 days of any
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incidents as specified in Paragraph 12, Attachment H of its
NPDES Permit No. IL 0000779; and (7) take steps to determine
those points at the Wamac Carshop where effluent has entered
(or may enter) surface waters in the area and submit a schedule
for this work and a description of any efforts already made in
this regard to the Agency. (Stip. 5—9).
In regard to the previously mentioned compliance plan, the
Board hopes that, by this time, the Respondent has ascertained
the exact point of each prior discharge at the Warnac Carshop
and has already taken all necessary sFep~to ~ee that future
spillage or oil leaks do not again occur at these places. Active
measures must he taken in this regard to properly protect the
environment.
The parties have indicated that, on March 31, 1983, another
oil spill occurred at the Wamac Carshop which Illinois Central
was able to contain through prompt action under its oil spill
contingency plan, thereby limiting the adverse environmental
impact of the spill. (Stip. 7; see: Exhibit A). While this
appears
to be a step in the right direction, the Board hopes
that,
in
the future, all oil spills whatsoever can be entirely
avoided by the Respondent through the exercise of greater care
and precautionary measures. Because the protection and preserva-
tion of unpolluted Illinois waters is of paramount importance,
the Respondent should strenuously exercise all its diligence and
ingenuity to implement viable and practical measures which work to
properly protect the environment and e1imin.~t.e future
environ-
mental
problems.
In evaluating this enforcement action and proposed settlement
agreement, the Board has taken into consideration all the facts and
circumstances in light of the specific criteria delineated in
Section 33(c) of the Act and finds the settlement agreement accept—
able under 35 Ill. Mm. Code 103.180.
The Board finds that the Respondent has violated 35 Ill. Adm.
Code 302.201; 302.203; 304,106; 307.102; and 309.102 and Sec-
tions 12(a) and 12(f) of the Act. Accordingly, the Respondent
will he ordered to: (1) cease and desist from further viola-
tions; (2) follow the specified compliance plan and schedule; and
(3) pay the stipulated penalty of $9,000.00 in 4 quarterly
installments of $2,250.00 each.
This Opinion constitutes the Board’s findings of fact and
conclusions of
law
in this matter.
ORDER
It is the Order ut Lhe Illinois Pollution Control Board that:
1. The Respondent, the Illinois Central Gulf Railroad, has
vLoiated 35 Ill, Adm. Code 302.201;
302.203;
304.106; 307.102; and
55-23 1
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309.102 and Sections 12(a) and 12(f) of the Illinois Environ-
mental Protection Act.
2. The Respondent shall cease and desist from further viola-
tions.
3. Within 90 days of the date oE the Order, the Respo~Ldent
shall, by certified check or money order payable to the State of
Illinois and designated for deposit into the Environmental Protec-
tion Trust Fund, pay
the first quarterly
installment of $2,250.00
on the total stipulated penalty of $9,000.00 which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois 62706
Within 180 days, 270 days, and 360 days of the date of
the Order, the Respondent shall respectively pay the remaining
second, third, and fourth quarterly installments of $2,250.00 each
on the total stipulated penalty of $9,000.00, which shall be sent
to the Agency in the same manner and fashion as the first install—
ient.
Within 30 days of the date of the Order, the Respondent
shall file with the Agency a waiver of any right of recovery of
these monies as per its stipulated agreement with the Agency.
4. The Respondent shall comply with all the terms and
conditions of the Stipulation and Proposal for Settlement filed on
October 14, 1983, which is incorporated by reference as if fully set
forth herein.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, h~reby certify that the above
Opinion and Order was adopted
on theJ~day
~
1983 by a vote of
7—b
Christan L. Mof~t Clerk
Illinois Poliuti
ontrol Board
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