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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, LLINOIS 62794~9276

THOMAS V. SKINNER, DIRECTOR

217/782-5544

CERTIFIED

MAIL

TDD 217/782-9143

RETURN

RECEIPT REQUESTED

Z363615814&Z363615815

August 6, 1999

Mr. John Prior, individually

Mr. John Prior, individually

and d!b/a Prior Oil-Company

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and d/bIa Prior Oil Company

near the Industrial Park

421 N. Morrison

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Highway

51,

South

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Cental City, IL 62801

Centralia, IL 62801-0821

Re:

Notice of Intent to Pursue Legal Action

Violation Notice E-1998-00071

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Attributable to Mr. John Prior, individually

and d/b/a Prior Oil Company

and/or Mrs. Betty Prior, individually

Date Release Discovered: June 30, 1997

Wamac, Marion County, Illinois

Dear Mr. Prior:

This Notice ofIntent to Pursue Legal Action (“NIPLA”) is provided pursuant to Section 31(b) of

the Illinois Environmental Protection Act (“Act”), 415 ILCS 5/31(b) (1994). The Illinois

Environmental Protection Agency (“Illinois EPA”) is providing this NIPLA because Mr. John

Prior, individually and dlb/a Prior Oil Company (“Prior”), andlor Mrs. Betty Prior (“Mrs. Prior”)

has failed to respond adequately to violations cited in the Attachment ofViolation Notice E-

1998-00071, issued by the Illinois EPA on November 12, 1998; because Illinois EPA has

determined that it may not be possible to satisfactorily resolve this matter without the

involvement of the Office ofthe Illinois Attorney General, the Marion County State’s Attorney,

or USEPA, and the possible imposition Of penalties; and because ofthe following listed

Iegalltechnical reasons:

1.

The release significantly impacted waters ofthe State.

2.

Neither John Prior nor Betty Prior undertook sufficient immediate response activities

which could have minimized the extent of the release.

EXHIBIT

77

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Notice of Ihtent to Pursue Legal Action

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Illinois EPA is providing this NIIPLA because it may pursue formal legal action for violations of

environmental laws and regulations, as specified in the Attachment to this letter. This NIPLA

provides Mr. John Prior, individually and di’b/a Prior Oil Company andlor Mrs. Betty Prior with

the opportunity to schedule a meeting with representatives ofIllinois EPA to further discuss the

violations specified in the Attachment to this letter. Ifa meeting is requested, it must be held

within thirty (30) days ofreceipt ofthis notice, unless an extension of time is agreed to by Illinois

EPA.

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Ifyou wish to schedule a meeting with representatives ofIllinois EPA, please contact Irma

Soutskover, Division ofLegal Counsel at (217) 524-3334 within twenty (20) days of your receipt

ofthis NIPLA.

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Written communications should be directed to the Office otChemical Safety/Emergency

Response Unit at Mail Code #28, 1021 North Grand Avenue, P.O. Box 19276, Springfield,

Illinois 62794-9276. All communications must include duplicate copies ofany technical data

andlor reports and give reference to this Violation Notice E- 1998-00071.

Sincerely,

Joh~/P.Waligore

Assistant Counsel

Environmental Policy

and Chemical Safety

Division ofLegal Counsel

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attachment

cc:

Steve Davis-IDNR

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Stan Yonkauski

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IDNR

fi

f—I

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Pagel

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Violation Notice E-1998-00071

Attachment

Release Incident #971159

Attributable to Mr. John Prior, individually

and d/b/a Prior Oil Company

and/or Mrs. Betty Prior, individually

Date Release- Discovered: June 30, 1997

ATTACHMENT

Mr.John Prior, individually and d/b/a Prior Oil Company (“Prior”), andlor

Mrs.

Betty Prior,

individually (“Mrs. Prior”) are in apparent violation of the Illinois Environmental Protection Act

because on or before June 30, 1997, they caused or allowed approximately 50 barrels ofcrude oil

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to be released from deteriorated above ground storage tanks located at Prior’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 offthe 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 cases of the 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 àil leaking

from a tank valve. A Prior employee tried to tighten the valve, but the leak did not stop and, in

fact, the type ofvalve was not iritended 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. Off September 29, 1998, following Illinois EPA’s rejection ofMezzo’s

proposed Compliance C6mmitment Agreement and the Agency’s issuance of a 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 batter 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 issued a Violation Notice to Prior and Mrs. Prior on November

12, 1998.

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

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

releases or threats of release ofcontaminants to waters of the state (including groundwater).

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Page2

Violation Notice E-1998-00071

Attachment

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

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

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

II

Section 12

No person shall:

c~

Cause or threaten-or allow the-discharge ofany contaminants into the environment in any

State

so as to cause or tend to cause water pollutionin Illinois, either alone or in

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cbmbination with matter from other sourcesor so as to violate regulations or standards

adopted by the Pollution Control Board under this act.

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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 allow the open dum~pingofany waste.

49