ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021

North Grand Avenue East, P.O. Box

19276,

Springfield, Illinois

62794-9276

Mary A. Gade, Director

217/785-0830

TDD

217/782-9143

November 12, 1998

Mr. John Prior, individually

and

dTh/a

Prior Oil Company

and/or Prior-Carlyle, Inc.

near the Industrial Park

Highway

51,

South

Centralia, IL 62801-0821

VIA IIAND

DELIVERY

Mr. John Prior, individually

and dlb/a Prior Oil Company

and/or Prior-Carlyle, Inc.

421 N. Morrison

Cental City, IL 62801

Re:

Attributable to Mr. JohnPrior, individually

and/or Prior-Carlyle, Inc.

•

Wamac/Marion County/Illinois

Dear

Mr. Prior:

This constitutes a Violation Notice pursuant to Section 31 (a)(l) ofthe Illinois Environmental

Protection Act (“Act’t), 415 ILCS 5/31 (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 1 to this letter. Attachment I 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 involvemônt.of a prosecutorial authority forpurposes 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 mail to the Illinois EPA

within

45

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

+b.~fr,,~ ~

dule for the completion ofthat activity. The written response will constitute a

EXHIBIT

21

Printed on Recycled Pyner

---

VIOLATION NOTICE E-1998-00071

PAGE 2

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

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

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

waiver ofthe opportunity to respond and to meet, and the Illinois EPA may proceed 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 effièiency and possibly reduce regulatory requirements.

Written cOmmunications should be directed to Mr. James P. O’Brien, Manager, Office of

Chemical Safety, at 1021 North Grand Avenue East, P.O. Box 19276, Mail Code #28,

Springfield, Illinois 62794-9276. All cbmmunications must include duplicate copies ofany

technical data and/or reports and give reference to Violation Notice E-1998-00071.

Questions regarding this matter should be directed to There~aRoof, Compliance Specialist,

Office of Chemical Safety at (217)

557-1913.

•

Sincerely,

•

.,Office ofChemical Safety

attachment

---

VIOLATION NOTICE E-1998-00071

ATTACHMENT 1

Incident #971 159

A.ttributable to Mr. John Prior, individually

and dIb/a Prior Oil Company

and/or Prior-Carlyle, Inc.

and/or Mrs. Betty Prior, individually

Date Incident Discovered: June 30, 1997

W~imac/MarionCounty/Illinois

•

•

I.

Description ofViolations

Mr.

John Prior, individually and d/b/a Prior

Oil

Company and/or Prior-Carlyle, Inc.

(“Prior”),

andlor Mrs. Betty Prior, individually (“Mrs. Prior”) are in apparent violation ofthe Illinois

Environmental Protection Act because on or before June 30,’1997, they caused or allowed

approximately 50 barrels ofcrude oil to be released from deteriorated above ground storage tanks

located~atPrior’s 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 off the property were also impacted. The Illinois

Environmental Protection Agency (“Illinois EPA”) has never received information indicating that

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

1997, over a month afterincident 971159 was reported, an inspector from Illinois EPA visited

the site and still observed oil leaking from a tank valve, A Prior employee tried to tighten the

valve, but the leak did not stop and, in fact, the typevalve was not intended for use on that

particular tank.

The release incident was initially reported by Prior as having been caused by James Mezzo Oil

Company. Accordingly, Illinois EPA issued Mezzo a Violation Notice on December 12, 1997,

relative to the release. On September 29, 1998, following Illinois EPA’s rejection of Mezzo’s

proposed Compliance Commitment Agreement and the Agency’s issuance ofa Notice ofIntent

to Pursue Legal Action, Illinois EPA representatives met with Mezzo to discuss the release. On

that day, Mezzo provided information which indicated that Prior had purchased the mineral

rights and all equipment at the relevant tank battery from Mezzo before release 971159 occurred.

Moreover, Prior responded to the spill and did not inform Mezzo ofthe occurrence ofthe release

until several days later.

Further, on September 29, 1998, Mezzo indicated that he did not own the real property from

which the release originated in June 1997; it was owned at that time by Mrs. Prior. Based upon

this new information Illinois EPA is now issuing this Violation Notice to Prior and Mrs. Prior.

---

Page 2

Altachment 1

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

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

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

Releases or the threat ofreleases ofcontaminants to surface water andlor groundwater constitute

violations ofSection 12(a) and (d) ofthe Act, which prohibits causing or allowing the 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) ofthe Illinois Environmental Protection

Act.

•

.

Section 12

No person shall:

a.

Cause or threaten or allow the discharge of any contaminants into the environment in any

•

State so as to cause or tend to cause waterpollution 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(a~

• No person shall:~

a.

Cause or allow the open dumping of any waste.

.

III.

Violations

The Illinois EPA’s Office ofChemical Safety recommends that Prior and/or Mrs. Prior include

all activities described below as part of a .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 ofthe release;. conduct of a focused site..

investigation) can reasonably be completed by Prior and/or Mrs. Prior with appropriate reports

submitted to the Illinois EPA within

450

days ofyour receipt ofthis Violation Notice. The

Illinois EPA requests that Prior provide an estimated schedule for completion ofeach activity

recommended below. The Illinois EPA recognizes that the schedule for activitiCs 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 personnel into the cause or causes of

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

investigatio~imay be conducted in accordance with the enclosed “Compliance

---

Page3

0

•

Attachment 1

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 45 days ofyour 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 Documentat-ion 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 45 days ofyour receipt 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 for review.

Prior and/or Mrs. Prior should indicate a proposed date for submission ofthis report.

4.

Prepare a remedial action plan in accordance with 0Guide B to address contamination at

locations where the contamination concentration exceeds the remediation objectives

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

The remedial action plan should be submitted to the Office ofChemical Safety for review

in advance of implementation. Prior and/or Mrs. Prior should indicate a proposed date

for submission ofthis remedial action plan. Theremedial action plan should also contain

•

an implementation schedule. The Office ofChemical Safety may agree in writing to

amendments to portion ofthe schedule as requested by, if conditions 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 ofsuch reports should be proposed in the remedial action plan.

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

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

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

---

Attributable to Mr. John Prior, individually

and d/b/a Prior Oil Company

and/or Prior-Carlyle, Inc.,

and/or Mrs. Betty Prior, individually

Date Incident Discovered: June 30, 1997

Wamac/Marion County/Illinois

bcc:

Jim O’Brien

0

John Waligore

•

Tom Powell

-

ERU-Collinsville

Roger Kanerva

0

Steve Davis

-

IDNR

Stan Yonkauski

-

IDNR