ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST,
P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276
THOMAS
V.
SKINNER, DIRECTOR
217/782-5544
217/782-9143 (TDD)
May 22, 2001
CERTIFIED
MAIL
RETURN
RECEIPT REQUESTED
PriorOil Company
7000 0520 0012 5645 6274
Attn: Mr. John Prior
140 Gompers Street
Wamac, Illinois 62801
Re:
Notice
of Intent to Pursue Legal
Action
Violation Notice, L-2000-1302
1894925001
--
Washington County
Prior Oil Company
Compliance File
Dear Mr.Prior:
This Notice ofIntent to Pursue Legal Action is provided,pursuant to Section 31(b) ofthe
Illinois Environmental Protection Act, 415 ILCS 5/31(b) (2000). The Illinois
Environmental Protection Agency (“Illinois EPA”) is providing this notice because have
failed to respond adequately to a Violation Notice dated November 2, 2000 and issued by
the Illinois EPA within the time frame required by Section 31 of the Act.
The Illinois EPA is providing this notice because it may pursue legal action for’the
violations of environmental statutes, rules, or permits specified in Attachment A. This
Notice ofIntent to Pursue Legal Action provides the opportunity to schedule a meeting
with representatives ofthe Illinois EPA to attempt to resolve the violations ofthe Act,
regulations and permits specified in Attachment A. Ifa meeting is requested, it must be
held within thirty (30) days of receipt ofthis notice unless the Illinois EPA agrees to an
extension oftime.
If you wish to schedule a meeting with representatives ofthe IllinOis EPA, please contact
Chris Cahnovsky at 618/346-5120 within 20 days ofyourreceipt of this notice.
Sincerely,
AssiDivisiont
ofCounLegal Counsel
S
RELEASABLE
JUN 0 4 2001
PEOPLE’S
-
REVL~WbBMD
EXHIBIT
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7
0 ~
PRINTED
ON
RECYCLED PAPER
1894925001
--
Washington County
Prior Oil Company
S
ATTACHMENT A
Pursuant to Section 21(a) ofthe Illinois Environmental Protection Act (415
ILCS 5/21(a)), no person shall cause or allow the open dumping of any waste.
A violation ofSection 21(a) ofthe Illinois Environmental Protection Act (415
ILCS 5/21(a)) is alleged for the following reason: Evidence of open dumping of
waste was observed during the inspections.
~-21
Pursuant to Section 21(d) ofthe Illinois Environmental Protection Act (415
..ILCS 5/21(d)), no person shall conduct any waste-storage, waste-treatment, or
waste-disposal operation:
1.
Without a permit granted by the Agency or in violation ofany conditions
imposed by such permit, including periodic reports and full access to
adequate records and the inspection of facilities, as may be necessary to
assure compliance with. this Act and with regulations and standards
adopted thereunder...
S
‘
2.
In violation of any regulations or standards adoptedby the Board under
this Act.
This subsection (d) shall not apply to hazardous waste.
A’ violation of Section 21(d) ofthe Illinois Environmental Protection Act (415
ILCS 5/21(d)) is alleged for the following reason: Waste was disposed
without
a permit granted by the Illinois EPA.
,3~” Pursuant to. Section 21(e) ofthe’ Illinbis Environmental Protection Act (415
/
ILCS
5/21(e)),
no person shall dispose, treat, store or abandon any waste, or
transport any waste into this State for disposal,, treatment, storage or
abandonment, except at a site or facility which meets the requirements of this Act
and of regulations and standards thereunder.
S
A violation of Section 21(e) ofthe Illinois Environmental Protection Act (415
ILCS 5/21(e)) is’ alleged for the following reason: Waste was disposed
at this
site which does not meet the requirements ofthe Act and regulations
thereunder.
1 894925001
--
Washington County
Prior Oil Company
Page 2 of4
Pursuant to Section 21 (p)(1) & (6) ofthe Illinois Environmental Protection Act (415
ILCS 5/21(p)), no person shall, in violation ofsubdivision (a) ofthis Section21, cause
or
allow the open dumping of any waste in a manner which results in litter and standing
or flowing liquid discharge from the dump site.
.
The prohibitions specified in this subsection (p) shall be enforceableby theAgency either
by administrative citation under Section 31.1 ofthis Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit the power ofthe Board to
establish regulations or standards applicable to open dumping.
A violation ofSection 21 (p)(1) & (6) ofthe Illinois Environmental Protection Act (415
ILCS S/2l(~)(l)& (6) is alleged for the following reason:
Evidence of open dumping
ofwaste was observed
during the inspections. Liquid crude oil
was
observed in a pit
on Prior Oil Company’s. property.
Pursuant to 35 III. Adm. Code 722.111, a person who generates a solid waste, as defined
in Section 721.102, must determine if that waste is a hazardous waste,using the following
method:
a)
The person should first determine if the waste is excluded from regulation under
35 Ill. Adm. Code72l.104.
b)
The person should then det~rmineif the waste is listed as a hazardous waste in 35
Ill. Adm. Code 721.Subpart D.
.
S
Board Note: Even if a waste is listed, the generator still has an opportunity under 35 Ill.
Adm. Code 720.122 to demonstrate that the waste from the generator’s particular facility
or operation is not a hazardous waste.
,
.
c)
For purposçs of compliance with 35 Iii. Adm. Code 728, or if the waste is not
listed as a hazardous waste in 35 Iii. Adm. Code 721 .Subpart D the generator
shall thendetermine whether the waste is identified in 35 Iii. Adm. Code
721 .Subpart C by either:
.
1894925001
--
Washington County
Prior Oil Company
Page 3 of4
1)
Testing the waste according to the methods set forth in 35 Ill.
Adm. Code 721.Subpart C, or according to an equivalent method
approved by the Board under 35 Ill. Adm. Code 720.121; or
2)
Applying knowledge ofthe hazard characteristic ofthe waste in
light of the materials or the processes used.
S
d)
Ifthe generator determines that the waste is hazardous, the generator shall
refer’ to 35 Ill. Adm. Code 724, 725 and 728 for possible exclusions or
restrictions pertaining to the management ofthe specific waste.
A violation of35 Ill. Adm. Code 722.111 is alleged for the following reason:
Prior Oil Company failed to make a hazardous waste determination ofthe
two
drums of used oil on the side of the southwest side of the shop.
,6~
Pursuant to
35 Ill. Adm. Code 73 9.122(c), containers and
aboveground tanks used
to store used oil at generator facilities must be labeled with the words “Used Oil”.
A violation of35 Ill. Adm. Code 739.122(c) is alleged for the following reason:
Prior Oil Company failed to label the
two
drums of used oil on the sOuthwest
side ofthe shop with the words “Used Oil”.
.
Pursuant to 35 Ill. Adm. Code 739.122(d), upon detection ofa release ofused oil
to the environment, a generator shall perform the following cleanup steps:
1)
Stop the release;
2)
Contain the released used oil;
3)
Clean up and properly manage the released used oil and other material;
and
.
.
4)
Ifnecessary, prevent further releases, repair orreplace any leaking used
oil storage ôontairiers or tanks prior returning them to service.
A vIolation of35 Ill. Adm. Code 739.122(d) is alleged for the following reason:
Oil was observed on the ground around the
two
drums of used oil on the
southwest side of theShop.
8
-
Pursuaiit to
35 Ill. Adm. Code 808.121(a), Each person who generates waste shall
determine whether the waste is a special waste.
A violation of35 Ill. Adm. Code 808.121(a) is alleged for the following reason:
•
Prior Oil Company failed to make a special waste determination ofthe
two
drums of used oil on the side of the southwest side ofthe shop.
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PS Form
3811,
December 1994
CP:ma~B0L-DLC#21
Postage
Certified Fee
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HecipieflrS Name (Please Print clearly) (To be completed by mailer)
John Prior
Street, Apt.
i~io.;
or P0 Box No.
140 Gompers Street
City, State, ZP+ 4
Wamac, IL
62801
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~ENDER:
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John Prior
.
140 Gompers Street
Wamac, IL 62801
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7000 0520 0012 5645 6274
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