ENVIRONMENTAL PROTECTIONAGENCY

217/785-0830

TDD

217/782-9143

CERTIfiED MAIL

RETURN RECEIPTREQUESTED

State ofIllinois

ENVIRONMENTAL PROTECTIONAGENCY

Mary A. Gade, Director

2200

Churchill

Road, Springfield,IL

62794-9

December 12, 1997

Mr. Jim Mezo,

Individually and d/b/a James Mezo Oil Co.

P.O. Box 220

Benton, 11 62812

P344290800

Re:

VIOLATION NOTICE E-1997-01058

Incident #971159

Attributable to James Mezo Oil Co.

Date Incident Discovered: June 30, 1997

WamacfMarion CountyIlllinois

Dear

Mr. Mezo:

This constitutes a Violation Notice pursuant to Section 31 (a)(1) of the Illinois Environmental

Protection Act (“Act”),

415

ILCS

5/3

1(a)(1), and is based upon review ofavailable information

and investigation by representatives ofthe Illinois Environmental Protection Agency (“Illinois

EPA”).

The Illinois EPA hereby provides notice ofviolations, ofenvironmental statutes, regulations or

permits as set forth in Attachment I to this letter. Attachment 1 includes an explanation ofthe

activities that Illinois EPA believes may resolve the specified violations, including an estimate of

a reasonable time period for completion ofthe necessary activities. However, due to the nature

and seriousness ofthe violations cited in Attachment 1, please be advised that resolution ofthe

violations may require the involvement ofa prosecutorial authority for purposes that may

include, among others, the imposition ofstatutory penalties.

A written response to this Violation Notice, which may include a request for a meeting with

representatives ofthe Illinois EPA, must be submitted via certified mall to the Illinois EPA

within

days ofreceipt ofthis letter. The response must address each violation specified in

Attachment 1 and include for each an explanation ofthe activities that will be Implemented and

the time schedule for the completion of that activity. The writtenresponse will constitute a

proposed Compliance Commitment Agreement (“CCA”) pursuant to Section 31 ofthe Act. The

Illinois EPA will review the~proposed CCA and will accept or reject it within 30 days ofreceipt.

timely written response to this. Violation Notice is not provided, it shall be considered a

PEOPLE’S

EXHIBIT

~~o~--t

Drints~ nn

DD..-w.).A

VIOLATION NOTICE E-1997-01058

PAGE 2

•

waiver ofthe

opportunity

to respond

and

to meet,

and

the Illinois EPA mayproceed

with

referral to a prosecutorial authority.

•

The Illinois EPA encourages the

use

‘ofpollution prevention methodsto help achieve compliarice.

with

environmental requirements. By switching to nonhazardous ~a*

materials, improving

housekeeping practices or changing production processes to generate lessj,ollution or waste, you

may be able to save money, increase efficiency

and

possibly reduce regulatory requirements.

Written

communications

should be directed to the Office of Chemical Safety/Emergency

~ResponseUnit, at 1021. North Grand Avenue

East,

Springfield, Illinois 62702.

All

communications must include reference to

this

Violation Notice E-1997-01058.

Procedural questions regarding

this

matter should be directed to

Chris

Pressnall, Office of

Chemical

Safety, Compliance Specialist at (217)

557-1913.

Office ofChemical Safety

attachment

VIOLATION NOTICE E-1997-01058

PAGE1

ATTACHMENT

Release Incident: 971159

Attributable to James Mezo Oil Co.

Date Incident Discovered: June 30, 1997

Wamac/Marion Countyflllinois

‘

ATTACHMENT 1

~‘

‘

Description of Violations

On or before June 30, 1997, James Mezo Oil.Co. (“Mezo”) caused or allowed approximately

barrels ofcrude oil to be released from deteriorated above ground storage tanks located at its

facility on Roiston Street in Wamac, Marion County, Illinois. The crude oil from incident

971159

breached the inadequate containment berm surrounding the tank battery, traveled offsite,

and entered Fulton Creek and Sewer Creek, which eventually empty into the Kaskaskia River.

Soil‘and groundwater on and offthe property were also impacted. The Illinois Environmental

Protection Agency (“Illinois EPA”) has never received information fr~imMezo indicating that a

thorough investigation as to the cause or causes ofthe release was conducted. On July 28, 1997,

over a month after incident 971159 was reported an inspector from Illinois EPA visited the site

and

still observed oil leaking from a tank valve. A Mezo employee tried to tighten the valve, but

the leak did not stop and in fact the type valve was not intended for use on that particular tank.

According to information and belief ofthe Illinois EPA, residual contamination ofsoil and

groundwater remains in area impacted by the release, and constitutes a continuing source of

releases or threats ofrelease ofcontaminants to waters ofthe state (including groundwater).

Releases or the threat ofreleases of contaminants to surface water and/or groundwater constitute

violations ofSection 12(a) and (d) ofth~Act, which prohibits causing or allowingthe release of

contaminants to waters ofthe State. Releases’ which impacted soil and land surface may

constitute open dumping under Section 21(a) .ofthe Act.

II.

Text of Sections 12(a) and (d) and 21(a) of the Illinois Environmental Protection

Section 12

No person shall:

Cause or threaten or allow the discharge ofany 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.

Deposit any contaminants upon the land in such place and manner so as to create a water

Page 2

•

‘

Page 2

Attachment 1

pollutionhazard.

Section 21(a)

No person shall:

Cause or allowthe open dumping of any waste.

ifi.

Narrative Description ofActivities Recommended by Illinois EPA for Resolution of

Violations

The

Illinois EPA’s Office

Chemical Safety recommends

that Mezo include

all

activities

described below as

part

ofa proposed Compliance

Commitment

Agreement relative to the

release cited herein.’ The Office of Chemical Safety believes that activities 1

and

2 described

below (conduct ofan investigation into cause of

the release;

conduct ofa focused site

investigation)

can

reasonably

be completed by Mezo with appropriate reports submitted to the

Illinois EPA within

days ofyour

receipt ofthis Violation Notice. The Illinois

EPA requests

that Mezo provide an estimated schedule for completion of each activity recommended below.

The Illinois EPA recognizes that the schedule for activities 3 through

will be dependent on the

results ofactivities 1 and 2, and that adjustments to the time schedule proposed for activities 3

through

may be appropriate at a later date.

Conduct a thorough investigation by knowledgeable personnel into the cause or causes of

the release and how such releases can be prevented or precluded in the future. This

investigation may be conducted in accordance with the enclosed “Compliance

•

Documentation Guide I

Criteria for Investigation of Causal Factors and Development of

Preventive Responses (“Guide I”),” which is provided for your convenience. Illinois EPA

recommends that a comprehensive report ofthat investigation and recommended

corrective actions be submitted.to the Office ofChemical Safety ofthe Illinois EPA

•

within 45 days ofyour receipt of this Violation Notice.

Conduct a focused site investigation at the emergency incident site with respect to the

material released and any other material or conditions that affect the mobility and

enhance the toxicity ofthe material released. The site investigation may address the

criteria cited in the enclosed “Compliance Documentation Guide B-Criteria for focused

Site Investigation and Remedial Action Plan at Emergency Incident Sites (“Guide B”)”,

which is provided for your convenience. Illinois EPA, recommends that an investigation

report be prepa±edfor the site in accordance with Guide B and be submitted to the Office

of Chemical Safety within

days ofyour receipt ofthis Violation Notice.

Determine remediation objectives in accordance with Guide B and the documents and

regulations cited therein. A remediation objectives report should be prepared in

accordance with Guide B and submitted to the Office of Chemical Safety forreview.

?age3

Attachment 1

Mezo should indicate a proposed date for submission ofthis report.

Prepare a remedial action plan in accordance with Guide B to address contamination at

locations where the contamination concentration ‘exceeds theremediation:objectives

which have been approved by the Office ofChemical Safety for the incident,location.

The rethedial actionplan should be submitted to the Office ofChemical Safety for‘review

in advance of implementation. Mezo should indicate aproposed date for submission of

this remedial action plan. The remedial action plan should also contain an

implernentation schedule. The Office of Chemical Safety may agree in writing to

•

amendments to portion ofthe schedule as requested by, ifconditions during

implementation justify this. Note: Ifthe remedial action is expected to exceed three

months, the plan should include a schedule for detailed quarterly reports ofprogress. The

content of such reports should be proposed in the remedial action plan.

Prepare a remedial action completion report at the completion ofthe accepted remedial

action plan. The remedial action completion report shouldbe submitted to the Office of

Chemical Safety by the date proposed in the accepted remedial action plan. The remedial

action completion report may by prepared in accordance with “Compliance

Documentation Guide C-Critera for Remedial Action Report at Emergency Incident

Sites (“Guide C”)”, which is provided for your convenience.

31.

1..

C’,

-0

I-

‘C

SI-.

-P 344 290 &0O

US Postal Service

Receipt

for Certified Mail

No Insurance Coverage Provided.

Do not use for International Mail

(See

reverse)

L’~

Sentto

Street &

Muniber

161d ~

Post Ojfice, State, & ZIP Code

- ,

‘~--~6~•

//~-

~//Z.

Postage

•

Certified Fee

•

~/ jj -~

Special Delivery Fee

•

Restricted Delivery Fee ‘,,

•

‘

Return ReceiptShowingtd

Whom & Date Delivered ‘

--‘.,,~

~“/t”jf

‘

Return Receipt ShowingtoWhom, ‘-~

Date. &Addressees Addresti -

TOTAL Postage & Fees

C’,

Cl)

Postmark or Dale

SENDER:

•Complete items 1 and/or 2 for additional services.

•Complete items 3, 4a, and 4b.

• Print your name and address on the reverse of thi8 form so that we can return this

card to you.

•AXtach this form to the front of the rnaitpiece, or on the back if space does not

permit.

•

‘

•Wnte*Aetum Receipt Requested’

on the mailpiece below the atlicle number.

•The Return Receipt’will show to whom the article was delivered and the ‘date

delivered.

I also

wish

to reck

following services ~.

‘.Y~

extra

fee):

1.2. 00 Addressee’s

RestrIcted

Consult postmaster for fee. ~.

3. Article Addressed to:

4a. Article Number

‘

‘.

,‘~

3’~/’/79a ~‘~)O

‘

4b.

o RegisteredService

Type

•

~5~Certlfied

4 ~J~

/t_

~ ~

‘

Express Mail

0 Insured

o Return Receipt for Merchandise 0 COD

7. Date of Delivery

5. Received By:

(Print Name)

8. Addressee’s Address

(dilly/f requested

and

fee is paid)

6. Signatii~e:

(Addressee or6~pr~4)

- —

x/—~’

________

PS Rc4n

3811,

December 1994,~~-

Domestic

Rétum

Fleceipt