ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
North
Grand Avenue East,
P.O.
Box
19276,
Sp~in~’ie1d,
Illinois
62794-9276
Mary A.
Gade, Director
(217)785-0830
VIA HANDI)ELIVERY
ID)
(217) 782-9143
August21, 1998
Mr. John Prior, individually
and d/b/a Prior Oil Company
and/or Prior-Carlyle, Inc.
nearthe Industrial Park
Highway 51,~South..
Centralia, Illinois 62801-0821
Re:
VIOLATION NOTICE E-1998-00002
Environmental Release Incident: #971314
Attributable to Mr. John Prior, individually
and
dlb/a Prior Oil
Company,
and/or Prior-Carlyle, Inc.
Date Release First Reported: July 21, 1997
Wamac, Marion County, Illinois
Dear
Mr.
Prior:
This constitutes a Violation Notice pursuant to Section 31(a)(1) ofthe Illinois Environmental
Protection Act (~Actu),
514 ILCS
5/31 (a)( 1), and is based upon review ofavailable information
and investigation by representatives ofthe Illinois Environmental Protection Agency (“illinois
EPA’~)..
• Enclosed you will find a copy ofthe original Violation Notice dated January
16, 1998, which
was returned by the Post Office unclaimed.
The Post Office return notice indicates that you were
twice given notice ofthe arrival ofthis Violation Notice, on January
17, 1998
and January 21,
1998.
We also attempted to deliver theViolation Notice by hand through an Agency employee
• on April
17,
1998, but again without success.
.
The Illinois EPA hereby provides Notice ofviolations ofenvironmental statutes, regulations or
permits as set forth in Attachment
1
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 of a prosecutorial authority for purposes that may
include, among others, the imposition of statutory penalties.
PEOPLE’S
EXHIBIT
14
Page 2
Violation Notice E-1998-00002
A
writtenresponse to this Violation Notice,
which may include a request for a
meeting with
•representatives ofthe Illinois EPA, must be submitted via certified mail to the Illinois EPA
within
45
days ofreceipt ofthis letter.
The response mu~t
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
ofthat activity.
The writtenresponsewill’ constitute a
proposed Compliance Commitment Agreement (“CCA”) pursuant to Section 31
of
the Act;
The
Illinois EPA will reviewthe proposed CCA and will accept or reject it within 30
days ofiecèipt.
If a timelywritten,response to this Violation Notice
is not provided, it shall be considered a
waiver ofthe ppportunity to respond and to meet, and the Illinois EPA mayproceed with a
referral to a prosecutorial authority.
The Illinois EPA encourages the use ofpollution prevention methods to help achieve compliance
with environmental requirements.
By switching to nonhazardous raw materials, improving
housekeeping practices or changing productionprocesses to generate less pollution or waste, you
may be able to save money, increase efficiency and possibly reduce regulatory requirements.
Written communications should be directed to James P. O’Brien, Manager, Office of Chemical
Safety/Emergency Response Unit, at Mail Code # 28,
1021
North Grand Avenue, P.O. Box
19276,
Springfield, Illinois 62794-9276.
All communications,must include reference to this
Violation Notice, E-l998-00002.
Questions regarding this matter should be directed to Theresa Roof, Compliance Specialist,
Office of Chemical Safety at (217) 557-1913.
‘
ofChemical Safety
attachment
r
U..,,
VIOLATION NOTICE E-1998-00002
P~ge1
Attachment
1
Environmental Release Incident: #971314
Attributable to Mr. John Prior, in,
d/b/a Prior Oil Company,
and/or Prior-Carlyle, Inc.
Date Release’ First Reported: July 21, 1997
Wamac, Marion.County, Illinois
.
ATTACHMENT 1
•
L
Description of Violations
Mr. John Prior, ind.,
d/b/a Prior Oil
Company, and/or
Prior-Carlyle, Inc. (collectively “Prior”)
caused or
allowed an estimated 31-48 barrels ofcrude oil to be released at and
from a tank
battery operated by Prior on propeity which is part
ofthe City Park, in Wamac, Marion County,
Illinois.
The contaminants from incident 971314 breached the inadequate earthen fire wail
surrounding the tank battery and entered Fulton Creek and Sewer Creek, eventually causing a
sheen, which extended approximately three miles from the spill site.
AlthoUgh Prior allegedthat
lightning
was the cause ofthe release, a representative ofthe Illinois Environmental Protection.
Agency
(“Illinois EPA”) never observed any tank damage consistent with a lightning strike.
The
Illinois EPA representative was present at the site on July 22,
1997,
July 28,
1997 and September
11,
1997.
At the time ofthe first visit, strong
odors from the crude oil which had beenreleased
were observed by the Illinois EPA.
Illinois EPA also observed neighborhood children playing in
the crude oil in the creek, indicating the direct
impact’ on the public this release had.
During.both
the July 22,
1997 and July28,
1997 visits,
Illinois EPA also observed continued drainage of
residual oil fromthe spill into Fulton Creek, and visibly impacted foliage.
During the September
11, 1997 visit, Illinois EPA observed that two inches ofstanding oil were still present in the
containment around the “gun barrel” tank that’had the release.
Illinois EPA was contacted by
citizens and City of Wamac officials complaining about release #9713 14.
Despite being advised
by the IllinOis EPA that he should actively seek to
collect as much as possible ofthe spilled oil
from the creeks, soil, vegetation, etc., Prior did nothing
else
to address off-site contamination
besides implementation of straw bales and a few “booms” provided by Illinois EPA.
The release impacted air, soil, surface water and potentially groundwater.
According to the
information available to Illinois EPA, residual crude oil contamination remains in the soil, creek
sediments and, potentially groundwater in the area around where the spill occurred, and
constitutes an on-going source ofreleases and threats ofreleases to waters ofthe State (surface
water and groundwater).
57
Page 2
Attachment 1
Releases of contaminants, including odors, to the
air, constitute violations ofSection 9(a) ofthe
Act, which prohibits causing or allowing
air pollution.
The continuing release and
threat of
releases of crude oil
and
crude
oil constituents contamination from the spill site to groundwater
constitute violations ofSection 12(a) and (d) ofthe Act, whichprohibit causing
or allowing
the
contamination ofwaters of
the State~Releases that impacted the soil and
land
si.~irfacemay
constitute open dumping under Section
21(a) of the Act.
.
‘:
.
.
.
II.
Text of Section 9(a’)~and
12(a~
and (d’~~
and 21(a) ofthe Illinois Environmental
Protection Act
‘
‘
.
•
Section 9
•
•
No
person shall:
•
a.
Cause. or threaten or allow the discharge or emission ofany contaminant into the
environment in any State
so as to cause or tend to cause air pollution in Illinois, either
alone or in combination with contaminants from other sources, or so as to violate
regulations or standards adopted by the Board under this Act;
Section
12
No person
shall:
•
.
.
‘
a.
Cause orthreaten 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.
d.
•
Deposit any
contaminants upon the land in such place and manner so as to create a water
pollution hazard.
‘.
.
.
.
‘
•
Section 21
,
No person shall:
•
•
a.
Cause or allowthe open dumping
of
any
waste.
,
III.
Narrative Description of Activities Recommended by Illinois EPA for Resolution of
Violations
,
,
The Illinois EPA’s Office of Chemical Safety recommends that Prior include all activities
described below as part of a proposed Compliance Commitment Agreement relative to the
release cited herein.
The Office ofChemical Safety believes that activities
1
and 2 described
below (conduct ofan investigation into cause ofthe release; conduct ofa focused site
‘investigation) can reasonably be
completed by Prior with appropriate reports submitted to the
Illinois EPA within forty-five
(45)
days ofyour receipt ofthis Violation Notice.
The Illinois
Page 3
Attachment 1
EPA requests that Prior provide an estimated schedule for completion of each activity
recommended below.
The Illinois EPA recognizes that the schedule for activities
3 through 5
will be ‘dependent on the results ofactivities
1
and 2, and that adjustments to the time schedule
proposed for activities
3
through
5
may be appropriate at a later date.
1.
‘
Conduct a thorough investigation by knowledgeable per~onnel
into the cause or causes pf
the release and how such releases can be prevented orpreCluded in the, future.
This
investigation may be conducted in accordance with the enclosed “Compliance
Documentation Guide I
-
Criteria for Investigation ofCausal
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 of Chemical Safety ofthe Illinois EPA
within forty-five
(45)
days of your receipt ofthis Violation Notice.
2.
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 prepared for the site in accordance with Guide B and be submitted to the Office
ofChemical Safety within forty-five
(45)
days ofyourreceipt ofthis Violation Notice.
3.
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.
Pri~r
should indicate
a, proposed date for submission ofthis report.
4.
Prepare a remedial action plan in accordance with Guide B to address contamination
at
locations where the contamination concentration exceeds the remediation objectives
which have been approved by the Office ofChemical Safety for the incident location.
The remedial action plan should
be submitted to the Office of Chemical Safety for review
in advance ofimplementation.
Prior should indicate a proposed date for submission of
this remedial action plan.
The remedial action plan should also contain an
implementation schedule.
The Office of Chemical Safety may agree in writing to
amendments to portions ofthe schedule as requested by, if conditions during
implementation justify this.
Note:
Ifremedial action is expected to exceed three months,
the plan should include a schedule for detailed quarterly reports ofprogress.
The content
ofsuch reports
should be proposed in the remedial action plan.
‘
50
Page4
‘
.
Attachment
1
5.
Prepare a
remedial action
completion report at the completion ofthe accepted remedial
action plan.
The remedial action completion report should be 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
DocumentationGuide C
-
Criteria for Remedial Action Report at Emergency Incident
Sites (“Guide
C”),. which is provided for your convenience.
,• -
‘
.
.‘
.
•..
GO
Re:~. VIOLATION NOTICE E-1998-00002
Environmental Release Incident: #971314
Attributable to Mr. John Prior, md., dlb/a Prior Oil Company,
andlor Prior-Carlyle, Inc.
Date Release First Reported: July 21,
1997
Wamac, Marion County, Illinois
.
bce:
James O’Brien
.
•
John Waligore
‘
‘
•
.
•.
•
Cheryl Kelley
-
ERU-Collinsville
.
•
.
61