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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Petitioner,
No. POE 02—177
(Enforcement-RCRA, Water)
JOHN PRIOR, d/b/a PRIOR OIL COMPANY
and JAMES MEZO, d/b/a MEZO OIL
COMPANY,
Respondents,
Proceedings held on September 15th, 2003, at the Washington
County Courthouse, Court Room 2, 101 East St. Louis Street,
Nashville, Illinois,
before
CAROL SUDMAN, Chief Hearing Officer.
Reported by: Beverly S. Hopkins, CSR, RPR
CSR License No.: 064—004316
KEEPS REPORTING COMPANY
11 North 44th Street
Eelleville, IL 62226
Keefe Reporting Company
APP E ARAN CE S
ILLINOIS ATTORNEY GENERAL’S OFFICE
By Sally Carter, Esq.
By Javonna Homan, Esq.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By Michael S. Roubitchek, Esq. (Assistant Counsel)
John Prior, Pro Se
James Mezo, Pro Se
INDEX
WITNESSES
PAGE NUMBER
MICHAEL GRANT
Direct Examination
8
Cross—Examination
25
CHRISTOPHER CAHNOVSKY
Direct Examination
30
CHERYL CAHNOVSKY
Direct Examination
70
THOMAS POWELL
Direct Examination
115
JOHN PRIOR
137
JAMES NEZO
141
Cross-Examination
148
(Note: Exhibits not tendered for inclusion into deposition
transcript.)
KEEFE REPORTING COMPANY
2
Keefe Reporting Company
1
HEARING OFFICER StJDMAN: Good morning. My name is Carol
2 Sudman and I’m the hearing officer with the Pollution Control
3
Board. This is PCB 02-177, the People of the State of Illinois
4 vs. John Prior, b/b/a Prior Oil Company and James Mezo, d/b/a
S Nero Oil Company.
6
It is a few minutes after 13 o’clock and Mr. Mezo is not
7 yet here, but we’re going to go ahead and begin because we have
8 to be out of here by four o’clock today.
9
I will note for the record that there are no members of the
10 public present also. Members of the public may provide public
11 comment if they so choose.
12
At issue in this case is the People’s complaint alleging
13 that Respondent’s violated the Environmental Protection and the
14 Board’s regulation. Numerous violations are alleged concerning
15 Respondents’ facilities in Wamac, Washington County.
16
You should know it is the Pollution Control Board, and not
17 me, that will make the final decision in this case. My purpose
18 is to conduct the hearing in a neutral and orderly manner so that
19 we have a clear record of the proceedings. I will also assess
20 the credibility of the witnesses on the record at the end of the
21 hearing.
22
This hering was noticed pursuant to the Act and the Board’s
23 rules and will be conducted pursuant to Sections 101.630 through
24 101.632 of the Board’s procedural rules.
3
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1
At this time I will ask the parties to make their
2 appearances or! the record, please.
3
MS. CATER: Sally carter with the Attorney General’s
4 Office.
S
HEARING OFFICER SUDMAN: And, Mr. Prior, you’re
6 representing yourself here today; is that right?
7
MR. PRIOR: Yes.
8
HEARING OFFICER SUDMAN: Mr. Mezo is expected to be here as
9 far as you know?
10
MR. PRIOR: I assume so. I
——
11
HEARING OFFICER SUDMAN: All right. Are there any
12 preliminary matters to discuss on the record?
13
MS. CARTER: The People have no preliminary matters.
14
HEARING OFFICER SUDMAN:
Okay.
Mr. Prior, anything
15 preliminary before we begin?
16
MR. PRIOR: I don’t know if it’s preliminary or when I
17 should present it. I would like to present some evidence that I
18 was not the one that done, at least part of this, and I really
19 believe all of it. But I don’t know if I should do that now or
20 when.
21
HEARING OFFICER SUDMAN: Yeah, well, that’s the purpose of
22 the hearing today. You will be able to put on all your evidence
23 after the People put on their evidence.
24
MR. PRIOR: Okay.
4
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1
HEARING OFFICER SUDMAN: I’ll let you know when. Would the
2 People like to give an opening statement?
3
MS. CARTER: A brief one.
4
HEARING OFFICER SUDMAN: okay.
S
MS. CARTER: Thank you. The People are before the Board
6 due to the Respondent, John Prior’s, open dumping of fluids
7 generated from oil steps and activities and other waste at a site
8 commonly referred to as the Gomper site. A number of land
9 pollution violations have been alleged and will be proven today
10 to the testimony of two Illinois EPA inspectors, Mr. Mike Grant
11 and Mr. Chris Cahnovsky.
12
In addition, the People will present evidence of three
13 separate releases of oil and/or produced fluids to State water by
14 Mr. Prior and/or Mr. James Mezo. The first of these releases
15 took place at a site commonly referred to as the Wamac City Park
16 site by John Prior. Emergency Responder, Cheryl Cahnovsky, will
17 testify not only to the release, but to its impact, but to prior
18 failure to adequately maintain and respond to the release. The
19 second release occurred at the Oestreich Tank Battery, a site
20 that was, and is still, permitted by the Illinois Department of
21 Natural Resources to Mr. Mezo.
22
At the time of the incident Prior operated the tank
23 battery. Emergency Responders, Tom Powell and Cheryl cahnovsky,
24 will testify to the releases, its impact and the Respondents’
5
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1 failure to adequately contain and respond to the release.
2
Finally, the third release occurred at the Morgan Kalber
3 Ramp Site operated by Mr. Prior.
4
Emergency Responder, Cheryl Cahnovsky, will testify to the
S release and its impacts again.
6
In addition, the People will offer the testimony from one
7 witness who will discuss the relative permitting and disposal
8 requirements of the Illinois Oil and Gas Act.
9
Based on the facts that we will be presented in this
10 hearing, the People respectfully request that the Board find the
11 Respondent in violation of the Illinois Environmental Protection
12 Act and the associated regulations. In addition, the People seek
13 a penalty that appropriately addresses the duration and the
14 gravity to violation.
iS
Finally, the People request that Board award the People
16 attorney’s fees for Prior’s repeated violations of the Act. The
17 State’s prayer for relief will be addressed in greater detail in
18 the State’s post—hearing brief. Thank you.
19
HEARING OFFICER SUDMAN: Thank you. Mr. Prior
--
First of
20 all, let me ask, are you Mr. Mezo or are you a witness? You are
21 Mr. Mezo. Would you like to have a seat at the table with
22 Mr. Prior? You can make your appearance now. Just state your
23 name and
——
24
MR. MEZO: James Mezo.
6
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1
NEARING OFFICER SUDMAN: And you’re representing yourself?
2
MR. MEZO: Yes.
3
HEARING OFFICER SUDMAN: Mr. Prior, would you like to give
4 an opening statement? You don’t have to.
S
MR. PRIOR: I like to say that these alleged things that
——
6 I dun’t know if I should, Sally carter or the State, whoever is
7 saying that, I disagree with and that I wasn’t the one that done
8 it. And I think I can show you, as well as the others here, that
9 I didn’t do it.
10
HEARING OFFICER SUDMAN: Okay. Thank you very much.
11 Mr. Mezo, would you like to give an opening statement? Again,
12 it’s not required.
13
MR. MEZO: Well, just that I brought, you know, what
14 evidence I can come up with as far as correspondence and that.
iS And at the time the oil spill happened on the Oestreich lease, I
16 have, prior to that, attempted to transfer that property and had
17 sold it to Mr. Prior along with the equipment, and he was unable
18 to get the permit transferred at that time. And at the time of
19 the spill, we still hadn’t succeeded in doing that. I have a
20 letter from the EPA saying that they have the evidence.
21
HEARING OFFICER SUDMAN: Okay. Thank you. What’s going to
22 happen is the People will call all of their witnesses, and when
23 their witnesses are done, then you will have an opportunity to
24 put on all your evidence, okay. Having said that, the People can
Keefe Reporting Company
1 present their case.
2
MS. CARTER: Okay. The People call Mike Grant.
3
HEARING OFFICER SUOMAN: You can take the witness stand
4 over there. Would you please swear him in.
5
MICHAEL 0. GRANT,
6 called as a witness herein, having been first duly sworn,
7 deposeth and saith as follows:
B
DIRECT EXAMINATION
9 QUESTIONS BY MS. CARTER:
10
Q. Please state your name.
11
A. Michael B. Grant.
12
Q. Can you tell me a bit about your post—high school
13 education?
14
A. I have a bachelor’s degree in environmental studies
1S from, what was then Sangamon State, now the University of
16 Illinois, Springfield.
17
Q. And when did you obtain that degree?
18
A. 1983.
19
Q. With whom are you currently employed?
20
A. Illinois Environmental Protection Agency. I work for
21 the Bureau of Land in the collinsville Regional Office.
22
Q. Okay. And what’s your current position with the
23 Illinois EPA?
24
A. I’ve been serving as assistant regional manager for the
8
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1 past 14 years.
2
Q. Okay. As the assistant regional manager for the office,
3 can you tell me a bit about your duties?
4
A. In regards to overseeing other personnel in the Bureau
S of Land and assisting and training, I also conduct various
6 inspections, the majority of being hazardous waste compliance
7 inspections.
B
Q. And I think you mentioned that you trained new employees
9 as well, sir?
10
A. Right.
11
Q. Okay. What does that consist of?
12
A. Consists of taking them out in the field, showing them
13 how our inspection reports are to be written up, assisting in
14 drafting letters, reviewing their work, sampling, showing them
iS how to sample, and all the procedures that the Bureau of Land is
16 required to follow during inspections.
17
Q. I believe you mentioned before that you also conduct
18 inspections?
19
A. Right.
20
Q. And that includes hazardous waste inspections?
21
A. And solid waste inspections.
22
Q. When you say solid waste inspections, what does that
23 mean?
24
A. Materials such as garbage, liquids, stuff that’s
9
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1 non—hazardous is referred to as solid waste.
2
0. During the course of your inspection
——
3
A. Yes.
4
Q.
——
do you also review certain reports that are
S submitted?
6
A. Yes.
7
Q. Okay. What sort of reports might you review?
B
A. I would review closure plans submitted by regulated
9 facilities in regards to clean—up activities we may have required
10 them to do through a course of findings during an inspection,
11 correspondence submitted in response to if we issued a Violation
12 Notice, they would~submit a response, we would review the
13 adeguacy of that.
14
Q. Okay. Prior to serving as assistant regional manager,
15 did you hold a different position at the Illinois EPA?
16
A. I was an inspector for approximately five years.
17
Q. And during the course of your employment with the
18 Illinois EPA, approximately how many hazardous waste inspections
19 have you conducted in that time?
20
A. Over 200.
21
0. And approximately how many solid waste inspections have
22 you conducted?
23
A. Total amount of inspections would be close to a
24 thousand, I would imagine.
10
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1
Q. Since you have been employed by the Illinois EPA, have
2 you received any additional training?
3
A. I received continuing education training in sampling,
4 negotiations, I’ve been to the RCRA Hazardous Waste School for
S Inspectors in Oenver at the National Investigation Center,
6 USEPA’s National Environmental Investigation Center.
7
Q. Have you also attended some regulatory courses?
8
A. Yes, Midwest Environmental, the Enforcement Associations
9 Case for Regulatory Inspectors, working environmental crimes.
10
Q. I’m going to hand you what’s been previously marked
11. People’s Exhibit No. 1 for identification, can you identify that
12 document?
13
A. That’s my current resume.
14
Q. Is it current through what date?
15
A. Today.
16
Q. Okay. Does this resume fairly and accurately show your
17 work experience and your educational background?
lB
A. Yes.
19
MS. CARTER: Ms. Hearing Officer, at this time the People
20 move for the admission of People’s Exhibit 1 into evidence.
21
HEARING OFFICER SUDMAN: Do the Respondents have any
22 objection?
23
MR. PRIOR: No.
24
HEARING OFFICER SUDMAN: I’m admitting the People’s Exhibit
11
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1 1, the resume of Michael Grant.
2
Q. (By Ms. Carter) Are you generally familiar with the
3 Illinois Attorney General’s Office case involving John Prior?
4
A. Yes.
S
Q. Okay. How are you familiar with the case?
6
A. Some of the inspections that I have conducted at the
7 Gomper site are being discussed in this case today.
8
Q. And you refer to the Gomper site, is that the site
9 located at 140 Gomper Street in Wamac?
10
A. Yes.
11
Q. Are you familiar with who operates the facility at the
12 Gomper site?
13
A. Yes.
14
0. Okay. And who is that?
15
A. John Prior.
16
Q. Have you been to the site on
——
do you recall exactly
17 how many occasions?
18
A. Four or five.
19
Q. Does that include a site visit from June of ‘96?
20
A. Yes.
21
Q. I’m going to hand you what’s previously been marked as
22 People’s Exhibit No. 2 for identification in just a moment. If I
23 could ask you to identify this document.
24
A. This is what’s referred to as the state of Illinois Open
12
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1 Dump Inspection Checklist. This is our Open Dump Report.
2
Q. Okay. And what does the Illinois EPA make of this sort
3 of document?
4
A. We use it in conduction inspections of open dumps to
5 determine whether they’re in compliance or not.
6
Q. And who generally enters the information that’s
7 contained in the Dump Inspection Reports?
8
A. The inspector.
9
0. And when are these inspection documents typically
10 generated?
11
A. After we get back from the inspection back to the
12 office.
13
0. And what does your Bureau do with the completed
14 Inspection Report?
15
A. If apparent violations are alleged, then we send
——
we
16 usually send a letter to the responsible party discussing our
17 findings.
18
Q. Does the Illinois EPA Bureau of Land also maintain the
19 Inspection Reports after they’re completed?
20
A. Yes.
21
Q. They’re maintained in your files?
22
A. In our files, and then up to the headquarters in
23 Springfield.
24
0. Are these inspections regularly generated by the
13
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1 Illinois EPA Bureau of Land?
2
A. Yes.
3
Q. And in the ordinary course of business activity?
4
A. Yes.
5
Q. Okay. I see as well that
--
did you take photographs on
6 site on July
——
June 13th, 1996?
7
A. Yes, I did.
8
Q. Okay. And are you familiar with the site as it appears
9 on this date?
10
A. Yes.
11
0. And do these photographs fairly and accurately show the
12 condition of the site?
13
A. Yes, they do.
14
Q. Did you also complete a site sketch?
15
A. Yes, I did.
16
Q. And does the site sketch generally show the site on this
17 date?
18
A. Yes.
19
Q. And will the sketch assist you in describing your
20 observations?
21
A. Yes.
22
MS. CARTER: Okay. At this time the People move for the
23 admission of People’s No. 2 into evidence.
24
HEARING OFFICER SUDMAN: Have the Respondents seen a copy
14
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1 of this?
2
MS. CARTER: I just handed it to them.
3
HEARING OFFICER SUDMAN: Do the Respondents have any
4 objection to this document?
S
MR. MEZO: (Shakes head.)
6
HEARING OFFICER SUDMAN: We will go ahead and admit
7 People’s Exhibit 2.
8
Q. (By Ms. Carter) Why was the inspection conducted?
9
A. We received a complaint regarding some dumping of some
10 oil field waste down an abandoned mine shaft.
11
Q. Prior to going on site, did you conduct a review of the
12 Bureau of Land’s file for this site?
13
A. Yeah.
14
0. Okay. And did you make any determinations on whether
15 the Gomper site possess any Illinois EPA permits?
16
A. They did not have any permits with the Bureau of Land.
17
Q. Okay. Prior to going out there, did you have any
18 discussions with anybody about the condition of the site?
19
A. I contacted Alan Whitler with the Office of Mines and
20 Minerals.
21
0. Do you know what Mr. Whitler’s position is with the
22 Office of Mine & Minerals?
23
A. Yeah, he’s
--
my understanding is he’s the inspector out
24 of the centralia office that handles the oil fields for that
15
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I area.
2
Q. And what did you discuss with Mr. Whitler?
3
A. I asked him if Mines and Minerals had issued any
4 disposal permits for the Gomper site.
5
Q. And had they issued any permits for disposal?
6
A. He said they had not.
7
Q. Did anybody accompany you on site?
8
A. Chris Cahnovsky with our office.
9
Q. Okay. What’s Mr. Cahnovsky’s position with your office?
10
A. Currently he’s regional manager. At that time, he was
11 an inspector.
12
Q. Did anybody from Prior Oil Company accompany you?
13
A. Once we got to the facility, we met with the Prior Oil
14 employee, Juvenile Hixenbaugh.
15
Q. let’s turn to your observations on site on this date.
16 Generally when you first arrived, what did you observe?
17
A. We observed a tanker truck backed up to an opening in
18 the ground which appeared to be the mine shaft that was
19 referenced in the complaint that we received.
20
Q. Perhaps if I direct you to your photographs that would
21 assist you in your discussion. Turning to Photograph No. 1, sir.
22
A. Yes.
23
Q. What does that show?
24
A. It shows an opening of the apparent mine shaft with a
16
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1 hose leading into it and oily substance around the end of the
2 hose.
3
Q. Turning to Photograph No. 4, what does that show?
4
A. That shows a picture of the actual vehicle that was
5 backed up to the shaft that had the hose attached to it.
6
Q. Was the shaft then directly then behind
——
7
A. Yes.
8
Q.
——
the process that’s shown in Photograph 4?
9
A. Yes, ma’am.
10
Q. Turning to Photograph No. 6, what does that show?
11
A. That shows the rear end of the truck and the hose
12 leading from the rear end of the truck going down into the shaft.
13
Q. And what about Photograph No. B, what does that show?
14
A. That just shows the name of the truck, of who owned the
15 truck.
16
Q. And what does that say, sir?
17
A. Prior Oil.
18
Q. Did you question Mr. Hixenbaugh about your observations
19 concerning the truck and the mine shaft?
20
A. Yes.
21
Q. And what did he state?
22
A. He indicated that they were just discharging storm water
23 collected from tank batteries.
24
Q. Okay. Now while you were on site, did you also notice
17
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1 any tires out there?
2
A. Yes, we did notice a pile of tires.
3
Q. And what kind of tires were they? Were they on or off
4 rim?
5
A. The majority of them were off rim, and they appeared to
6 be truck tires.
7
Q. Okay. What’s the significance of tires being off rims?
B
A. At that time, used tires are regulated off the rim as
9 there’s regulations specific on how they must be stored and
10 handled.
11
Q. Do tires off rim also provide a potential ground for
12 breeding of vectors?
13
A. Yes, they pose a threat for mosquitoes.
14
Q. And how is that?
15
A. They accumulate the water, and mosquitoes use this water
16 to breed.
17
Q. Are there photographs that document your tires on site?
18
A. Yes, Photographs No.
2
and No. 3.
19
Q. While you were on site, Mr. Grant, did you make any
20 other observations?
21
A. We did observe a couple of drums that appeared to
22 contain oil. They were not labeled, and they were not closed,
23 and they appeared to be standing around the areas of the drum.
24
Q. Should these drums have been labeled?
18
Keefe Reporting Company
1
A. Yes.
2
Q. What should they have been labeled with?
3
A. Used oil.
4
Q. Okay. Is there a photograph that depicts that
S operation?
6
A. Photo No. 5.
7
Q. Now I think you mentioned that there was a considerable
8 amount of stained oil in the area of the drums, what does that
9 indicate to you?
10
A. That it either had been spilled when the drums were
11 filled or the drums had been leaking
——
with them being open,
12 rain water could cause the oil to be released from the drums.
13
0. Subsequent to your visit on June 13th, did you discuss
14 your findings with anybody?
15
A. Yes. We went and talked to Alan Whitler regarding what
16 we had observed at the site.
17
Q. Did you guestion him about Mr. Hixenbaugh’s statement
18 that they were simply discharging clean storm water?
19
A. Yes.
20
0. And what was Mr. Whitler’s response?
21
A. He stated that was
——
that was prohibited, that that
22 cannot be discharged in this manner.
23
Q. Do you have an opinion concerning your observations of
24 June 13th of the Gomper site?
19
Keefe Reporting Company
1
A. Yes, this was in violation of the Environmental
2 Protection Act. And discharging of this material into an
3 abandoned mine shaft, contribute to the possibility of ground
4 water contamination.
5
Q. Did you return to the site in August of 2000?
6
A. Yes.
7
Q. Did anybody accompany you during that visit?
8
A. Chris Cahnovsky.
9
0. Okay. Did you return to the site in November of 2000?
10
A. Yes.
11
Q. I’m going to hand you what’s been previously marked as
12 People’s Exhibit No. 4 for identification. I’ll ask you to
13 identify it in just a moment. Can you identify that document for
14 me?
15
A. Yes. This is another Open Dump Checklist similar to the
16 one I discussed from June of ‘96.
17
0. Okay. And what
——
Did you return to the site in
18 November of 2000?
19
A. Our office received a complaint about open burning at
20 the Gomper site.
21
0. Okay. Now I think you just mentioned, sir, that this
22 document was generally produced in the same manner that you
23 produced your ‘96 Inspection Report?
24
A. Yes, ma’am.
20
Keefe Reporting Company
1
0. Okay. And did you take photographs while you were on
2 site on November 3rd, 2000?
3
A. Yes, yes, I did.
4
0. Okay. And are you familiar with the site as it appeared
5 on this day?
6
A. Yes.
7
Q. And does this photograph fairly and accurately show the
8 condition on site?
9
A. Yes.
10
0. Is there a site sketch as well that you generated?
11
A. Yes.
12
0. Does the site sketch generally show the nature of the
13 site in November of 2000?
14
A. Yes, ma’am.
iS
0. And will it assist you in explaining your observations?
16
A. Yes.
17
0. And was this Inspection Memo generated in the ordinary
18 course of business activity?
19
A. Yes.
20
MS. CARTER: At this time the People move for the admission
21 of People’s 4 into evidence.
22
HEARING DFFICER SUDMAN: Do the Respondents have any
23 objections? Hearing none, I will admit People’s Exhibit No. 4.
24
0. (By Ms. Carter) Okay. I believe you mentioned that you
21
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1 were on site responding to a site complaint; is that correct?
2
A. Correct.
3
0~ Okay. Can you tell me a little bit more about the
4 complaint that the Illinois EPA received?
S
A. We received a complaint concerning some open burning at
6 the site. I believe we also received a complaint from the fire
7 chief.
8
0~ Okay. The fire chief from what district?
9
A. Centralia Fire Protection District.
10
0. Okay. And did they have any concerns about what was
11 happening out there?
12
A. Just with the burning.
13
Q. Okay. Did anybody accompany you on site?
14
A. Yes.
15
Q. And who was that?
16
A. Ken Mensing, who at that time was my regional manager,
17 and Jeff Benbenek with the Bureau of Air Pollution out of our
18 Coilinsville Field Office.
19
Q. Let’s turn a little bit more to your observations of
20 November 3rd. What did you observe out there?
21
A. When we arrived, we observed a
——
what appeared to be a
22 trench that had been dug and had smoldering. It looked like oil
23 and straw that had been used for absorbant.
24
Q. Did you notice that there was any smoke or not?
22
Fceefe Reporting Company
1
A. Yes, it was smoking at the time of the inspection.
2
Q. Are there photographs that document your observations?
3
A. Yes.
4
Q. Maybe if I could just direct your attention to
5 Photographs No. 1 and No. 2, what did
——
what do those show?
6
A. Those are photos of the area where the material was
7 burning.
8
Q. And Photograph No. 3?
9
A. Three is a similar picture, just taken from a further
10 distance.
11
Q. If I could just direct your attention to Photograph No.
12 4, with the material that was burning, was it straw or was it
13 something different?
14
A. It looked like straw and maybe oil and garbage, plastic
15 bags that had contained some material.
16
Q. And can you see that in Photograph No. 4, 5 and 6?
17
A. Yes.
18
Q. Okay. Directing your attention to Photographs No. 7 and
19 8, what do those show?
20
A. That’s material that appears to have been dumped on the
21 ground, was oil and contaminated straw, hut this was not in the
22 area that was smoldering at the time of the inspection.
23
0~ Where was this area, sir?
24
A. Adjacent to it.
23
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1
Q. While you were on site, was this matter discussed with
2 Mr. Prior?
3
A. Yes.
4
0. What was stated?
5
A. Mr. Prior had indicated that he had instructed some
6 employees to clean out an area in one of his buildings, and that
7 this was what happened to the material.
8
0. Did Prior make any indication on whether or not he
9 recognized that he was in violation?
10
A. Yeah. When he found out his employees had dumped the
11 material on the ground, he was concerned about a rain event and
12 wanted the material burned.
13
0. Okay. Do you have an opinion concerning your
14 observations of November 3rd?
15
A. Yes, this was violation of the Environmental Protection
16 Act. Open burning emits hazardous air pollutants from the
17 products of combustion.
18
0. Did you return to the site subsequent to November of
19 2000?
20
A. Yes.
21
0. Approximately how many occasions?
22
A. Twice, I believe.
23
Q. Does this includes a December 2000 site visit?
24
A. Yes.
24
Keefe Reporting Company
1
Q. Does it also include a May 2003 site visit?
2
A. Yes.
3
Q. Who accompanied the site visit with you?
4
A. Chris Cahnovsky.
S
MS. CARTER: I have no more questions for this witness.
6
HEARING OFFICER SUDMAN: Mr. Prior, would you like to
7 cross—examine this witness?
8
MR. PRIOR: Yes, I’d like to ask a couple of questions.
9
HEARING OFFICER SUDMAN: Okay.
10
CROSS-EXAMINATION
11 QUESTIONS BY MR. PRIOR:
12
Q. I’m sorry. Your name again?
13
A. Mike Grant.
14
Q. Mr. Grant, you said that this material was dumped into a
15 mine shaft?
16
A. Apparently an abandoned mine shaft.
17
Q. Was that
——
There is a mine shaft, however, the State
18 plugged that mine before this date of June 13th when you
19 inspected it. Now there is a
——
there was a small pit there that
20 was used with the incinerator
——
21
MS. CARTER: Ms. Hearing Officer, I’m going to have to
22 object unless there is a question pending to Mr. Grant.
23
HEARING OFFICER SUDMAN: I’ll note your objection, but I
24 sense a question pending so I’m going to allow them a little
25
Keefe Reporting Company
1 further latitude because they’re pro se. Please continue.
2
MR. PRIOR: Does that mean I can go ahead and ask the
3 question?
4
HEARING OFFICER SUDMAN: Yes.
5
0. (By Mr. Prior) Then you don’t know if there was a mine
6 shaft or not? It was a hole in the ground or something?
7
A. My understanding is our investigation got the abandoned
8 Mines people to close that shaft after our visit.
9
MR. PRIOR: I disagree with that. Can I produce some
10 evidence at another time to show
——
11
HEARING OFFICER SUDMAN: At another time, yes.
12
0. )By Mr. Prior) Let’s see. The truck that was sitting
13 there with my name on it, and the pictures indicate that, did
14 anybody say who put that truck there or why?
15
A. Mr. Hixenbaugh just indicated when we asked what was
16 happening, he said we were pumping storm water from tank
17 batteries.
18
Q. It also says into an old mine shaft, he told you that?
19
A. I believe so. I’m not sure he knew where, what the area
20 was.
21
MR. PRIOR: Well, then I need to present some evidence at a
22 later time a well.
23
HEARING OFFICER SUDMAN: When you testify, you can present
24 all of your evidence. Right now, this is just to clarify any
26
Keefe Reporting Company
1 questions about what Mr. Grant said in his testimony.
2
MR. PRIOR: But I don’t have evidence today with me. I had
3 not seen this. I didn’t know it existed. I didn’t know.
4
HEARING OFFICER SUDMAN: Well, we’ll be meeting tomorrow as
5 well.
6
MR. PRIOR: I didn’t know Mr. Grant had spoke to
7 Mr. Hixenbaugh. I wasn’t aware of that.
8
HEARING OFFICER SUDMAN: Well, you can testify to that. Do
9 you have any questions to Mr. Grant about what he said?
10
MR. PRIOR: Yes.
11
0. (By Mr. Prior) You talked about truck tires that was
12 adjacent to the site. That site does have
——
did have old tires
13 there. They’re gone now, but it did have tires there. But there
14 is also a trucking and salvage operation right next to it that
15 used that same area. But did anybody tell you that those tires
16 were my tires?
17
A. No. My understanding that these tires were on your
18 property.
19
Q. Well, okay. You don’t know for sure though that those
20 tires were on my property?
21
A. Yes, as I believe, they were on your property. That was
22 our understanding.
23
Q. I just don’t recognize that particular photo, that’s
——
24 Who was the complainer then?
27
Keefe Reporting Company
1
MS. CARTER: Objection.
2
HEARING OFFICER SUDMAN: On what grounds, Ms. Carter?
3
MS. CARTER: There is an informant privilege in the state
4 of Illinois. I do have case law on the matter if I can find it.
5 Ms. Hearing Officer, there is extensive case law in the state of
6 Illinois that maintains if the defendant
——
if the defendant is
7 simply seeking the information just to have knowledge as to whom
8 the complainer is and it doesn’t serve to facilitate his defense,
9 there is no right to that information. And we are objecting on
10 the basis on informant’s privilege.
11
HEARING OFFICER SUDMAN: I’m going to sustain her objection
12 for now. I don’t think that information is crucial right now for
13 your case.
14
MR. PRIOR: I think it will be before it’s over. And maybe
15 I can ask another question and see if it helps.
16
HEARING OFFICER SUDMAN: Okay. Why don’t we do that.
17
0. (By Mr. Prior) Was the complainer the same complainer?
18
A. Are we talking about the ‘96 investigation?
19
0. All of them.
20
A. I don’t know
——
I don’t recall who complained in ‘96.
21
0. Was the complainer the same complainer more than one
22 time?
23
A. I’m only aware of who complained on the November 2000
24 inspection that I was on.
28
Keefe Reporting Company
1
Q. I’m sure it was the same complainer. And I wanted to
2 establish that and say that isn’t it odd that the complaint
3 always happened right at the perfect time for you to be there?
4
HEARING OFFICER SUDMAN: Mr. Prior, you will have an
S opportunity to present all of your evidence in testimony. The
6 cross—examination, as I said before, is just to clarify anything
7 that Mr. Grant has already said. If you don’t have any more
8 questions for him, basically you’re giving testimony right now,
9 and you will have an opportunity to do that, but now isn’t the
10 right time.
MR. PRIOR: Okay.
0. (By Mr. Prior) Is the site cleaned up now?
A. I believe so. That was
——
Q. You believe so?
A. The May 2003 visit that I conducted with Mr. Cahnovsky.
0. You was real sure about the other things but you’re not
sure about that?
A. I know the shaft has
open dumping and open burning
remediated, and I believe you
Q. Turning to the trenc
straw, oily straw, I believe
where that straw come from?
A. I think you told us
11
12
13
14
15
16
17
18
19
20
21
22
23
24
been closed in the area where the
occurred appeared to have been
submitted documentation to that.
h, burning
—-
open burning of the
it stated somewhere, did they say
it came from inside your shop.
29
Keefe Reporting Company
1
Q. But beyond that, why was it there in the first place?
2
A. Oh, it was a clean-up from a spill. I’m not sure if it
3 was at the Gomper site or at one of your other facilities.
4
Q. Okay. And
——
and that is cleaned up as well?
5
A. Yes.
6
MR. PRIOR: Okay. No more questions.
7
HEARING OFFICER SUDMAN: Mr. Mezo, do you have any other
8 questions?
9
MR. MEZO: No, no.
10
HEARING OFFICER SUDMAN: If there are no further questions
11 for Mr. Grant, you may step down. Thank you. These are yours.
12 I have copies. The People may call their next witness.
13
MS. CARTER: The People call Chris Cahnovsky.
14
HEARING OFFICER SUDMAN: Would you swear him in, please?
15
CHRISTOPHER CAHNOVSKY,
16 called as a witness herein, having been first duly sworn,
17 deposeth and saith as follows:
18
DIRECT EXAMINATION
19 QUESTIONS BY MS. CARTER:
20
Q. Please state your name.
21
A. Christopher Neal Cahnovsky.
22
Q. Can you tell me about your post—high school education,
23 sir?
24
A. I graduated with a bachelor’s degree in animal science
30
Keefe Reporting Company
1 from Southern Illinois University in 1988, I received a master’s
2 degree in environmental science from Southern Illinois University
3 at Edwardsville in 1993.
15 compliance with the Illinois Pollution control Board regulations
16 for nine counties, both solid
——
solid waste, hazardous waste,
17 tires, infectious medical waste. We conduct inspections at
18 permitted facilities as well as unpermitted open dump sites and
19 hazardous waste faciiities.
20
0. I think you said you supervise staff as part of your
21 employment with the Illinois EPA?
A. Yes.
Q. What sort of review do you do with your staff?
A. Well, I review all of the reports before they’re
e you employed?
Illinois Environmental Protection Agency.
your current position with the Illinois EPA?
hold the position of a senior public service
is more commonly referred to as a regional
4
Q. With whom ar
5
A. The State of
6
Q. And what is
7
A. I currently
8 administrator, which
9 manager.
10
11
12
A. As regional
13 student intern. Our
14 Environmental Protect
Q. And can you tell me a bit about your duties as regional
manager?
manager I supervise seven inspectors and one
charge is to enforce the Illinois
ion Act and to enforce and observe
22
23
24
31
Keefe Reporting Company
1 submitted to the Springfield office and before they’re mailed to
2 the general public, and ensure that they meet the policies of the
3 Bureau of Land and the Section 31 processing and the Illinois
4 Environmental Protection Act is being followed.
5
Q. As a regional manager for the Bureau of Land, do you
6 also go out and conduct inspections?
7
A. Yes, I’ve been conducting inspections since May of 1990.
8
Q. How long have you served as regional manager?
9
A. A little over two years.
10
Q. And I believe you said that you were conducting
11 inspections in May of 1990?
12
A. Yes.
13
Q. It fair to say you were a field inspector prior?
14
A. Yes.
15
Q. Okay. And can you tell me a little but about the type
16 of investigations that you conducted in the past?
17
A. I started out doing used tire inspections and
18 inspections of places that generate used tires and used tire
19 recycling facilities as well as open dumps, unregulated trash
20 dumps, and then I moved into conducting inspections at facilities
21 that generate, transport, treat, store and dispose of hazardous
22 waste, both permitted and permitted exempt facilities.
23
Q. Do you
——
do you also provide assistance to the Illinois
24 State Police?
32
Keefe Reporting Company
1
A. Yes. At times I have provided technical assistance for
2 the
——
to solidify their criminal cases.
3
Q. And have you also assisted emergency response in
4 responding to certain releases?
S
A. Yes. At some points in times I was the Collinsville
6 regional backup for the Emergency Response Unit. When they were
7 short personnel, I provided back—up service and was an emergency
B responder with them.
9
Q. Okay. During the course of your employment, have you
10 also had occasion to review remediation plans?
11
A. Yes, I have. I review closure plans and ground water
12 plans and compliance commitment agreements that where clean—up
13 plans have been part of the compliance commitment agreement.
14
Q. Since you’ve been employed by the Agency, have you had
15 the opportunity to participate in any training?
16
A. Yes. In 1995 I received my Certified Hazardous
17 Materials Manager Certification which is a national
——
actually
18 an international professional certification for the management of
19 hazardous materials, as well as I have attended several hazardous
20 waste courses, Department of Transportation hazardous materials
21 courses, inspector courses for dealing with civil inspections as
22 well as civil inspector looking at criminal type inspections.
23
Q. Have you also had the opportunity to attend courses
24 provided by the Midwest Environmental Enforcement Association?
33
Keefe Reporting Company
1
A. Yes, I’ve conduct
——
I’ve attended several of their
2 training. The regulatory course, the criminal investigator
3 course, the two other periodic conferences and the petroleum
4 refinery course.
5
Q. Are you a member of some entity called the Gateway
6 Society of Hazardous
——
7
A. Materials Manager. Yes, I currently serve as past
8 president. I’ve been on the board of directors serving as
9 director at large, secretary and president. That’s one of the
10 largest environmental groups in the St. Louis area.
11
Q. And what does that group serve to do?
12
A. We are a educational group, a networking group for
13 environmental professionals. We’re made up of industry,
14 education, government, and the consulting fields. We have right
15 now about 155 paid members, and which about half of them are
16 certified members of the CHMM certification.
17
Q. Since you’ve been employed by the Illinois EPA, can you
18 give me an estimate of how many inspections you’ve conducted?
19
A. About 1,000 inspections.
20
Q. Mr. Cahnovsky, I’m going to hand you what’s been marked
21 as People’s Exhibit 5. Do you recognize that document?
22
A. Yes, I do.
23
Q. And what is that?
24
A. It is a copy of my resume.
34
Keefe Reporting Company
1
Q. Is it current through the present?
2
A. Yes, it is.
3
0. Does it accurately reflect your work experience and your
4 educational background?
5
A. Yes, it does.
6
MS. CARTER: At this time the People move for the admission
7 of People’s 5 into evidence.
8
HEARING OFFICER SUDMAN: Do the Respondents have any
9 objection? Hearing none, I will admit People’s Exhibit 5.
10
0. (By Ms. Carter( Are you familiar with the Illinois
11 Attorney General’s case involving John Prior?
12
A. Yes, I am.
13
Q. And how are you familiar with it?
14
A. I am familiar with it because several of the inspections
15 I conducted at that site have been referred to the Attorney
16 General’S Office for enforcement, and I’m familiar with it
17 through the documents that have been submitted to us by the
18 Attorney General’s Office.
19
Q. And when you refer to that site, are you referring to
20 the 140 Gomper Street site in Wamac?
21
A. Yes, I am.
22
0. Are you familiar with who operates a facility at 140
23 Gomper Street?
24
A. Yes, I am.
35
Keefe Reporting company
1
Q. And who is that?
2
A. Prior Oil Company, John Prior.
3
Q. Okay. Have you been to the site on approximately eight
4 occasions?
5
A. That sounds about right.
6
0. Okay. Does it include a site visit of June ‘96?
7
A. Yes, it does.
8
Q. Okay. Did anybody from Illinois EPA accompany you on
9 that site visit?
10
A. Mike Grant.
11
0. Okay. Did you then return to the site in August of
12 2000?
13
A. Yes, I did.
14
Q. It was on about four occasions in August?
15
A. Yes. It was
-—
it was
——
four pretty close together.
16
Q. Prior to going on site, did you review the Illinois EPA
17 files for this facility?
18
A. Yes, I did. Yes, I did.
19
0. And did you determine during the course of your review
20 whether the site conducts any Illinois EPA permits to conduct a
21 waste storage or waste facility operation?
22
A. My review concluded that 104 Gomper Street possess no
23 permits from the Illinois EPA for the land disposal.
24
Q. I heard you say 104 Gomper Street. Did you mean to
36
Keefe Reporting company
1 say--
2
A. I’m sorry, 140 Gomper Street.
3
Q. Did you make any determination as to whether the site
4 possessed any Illinois EPA permits to operate and develop a
5 landfill?
6
A. No, it did not.
7
Q. I’m going to hand you what’s been previously marked as
8 People’s Exhibit No. 3 for identification. If you can identify
9 that for me.
10
A. It is an Open Dump Checklist. There’s a narrative
11 associated with that, a sample receipt form, a chain of custody,
12 an analytical data, site map photographs and a Violation Notice.
13 And this package is what I would refer as an Inspection Package.
14
Q. Does this Inspection Package seek to document your
15 observations while on site?
16
A. Yes, it does.
17
Q. Who enters the information that typically would appear
18 in an Inspection Package?
19
A. The inspector does.
20
Q. And when is that generally completed?
21
A. Upon returning to the office after an inspection.
22
Q. Okay. What does the Illinois EPA do once you’ve created
23 this document?
24
A. Once this document’s created, it is reviewed by the
37
Keefe Reporting Company
1 regional manager to make sure that it conforms with the policy of
2 the Agency. A copy is made for our division files in
3 Springfield, a copy for our regional files and a copy goes to the
4 respondents.
5
0. Okay. Was this Inspection Packet made under the
6 procedures that you typically follow that you just described?
7
A. Yes.
8
0. Okay. And was the Inspection Packet generated in the
9 ordinary course of business activity?
10
A. Yes.
11
Q. I think you also said there’s photographs attached to
12 it?
13
A. Yes, there is.
14
Q. Okay. Did you take photographs while you were on site
15 on August 22nd, 2000?
16
A. Yes, I did.
17
0. What about on August 31st, 2000?
18
A. Yes, I did.
19
Q. And are you familiar with the site as it appeared on
20 these dates?
21
A. Yes, I am.
22
0. And do these photographs fairly and accurately show the
23 condition of the site on these dates?
24
A. Yes, they did.
38
Keefe Reporting Company
1
Q. Did you complete a site sketch for the facility as you
2 observed it on August 22nd?
3
A. Yes.
4
Q. And does the site sketch generally show the site as it
5 appeared on that date?
6
A. Yes.
7
Q. And did you also complete a site sketch for the facility
8 on August 31st?
9
A. Yes, I did.
10
Q. And does it generally show the site as it appeared on
11 that date?
12
A. Yes.
13
MS. CARTER: At this time People move for the admission of
14 People’s 3 into evidence.
15
HEARING OFFICER SUDMAN: Do the Respondents have any
16 objection? I don’t have a People’s Exhibit 3.
17
MS. CARTER: I’m walking around and I’m not paying
18 attention.
19
HEARING OFFICER SUDMAN: That’s all right. I will admit
20 People’s Exhibit 3.
21
0. (By Ms. Carter) Why did you conduct a site visit on
22 August 22nd?
23
A. Well, it was
——
I had a complaint, an unrelated
24 complaint at an adjoining property. And while I was
39
Keefe Reporting Company
1 investigating that complaint, I noticed there was a pit. And so
2 I walked over behind the 140 Gomper Street site and I observed a
3 pit.
4
Q. Okay. And what was in the pit?
S
A. What was in the pit? There was a
—-
it was an old BBQ
6 grill, car parts, plastic containers, paint cans, clothes, used
7 oil, absorbant pads, landscape waste.
8
Q. How big was the pit?
9
A. The pit was about 20 feet long by 10 feet wide by
10 approximately 7 feet deep.
11
Q. Outside of those items that you just described, did it
12 also contain any sort of iiguid?
13
A. Yes, it contained a large pool of oil at one end of the
14 pit.
15
Q. How much oil was in the pit?
16
A. It looked like it could have been about 70 gallons.
17
Q. Did it coat the walls of the pit?
18
A. Yes.
19
Q. Did it coat the bottom of the pit?
20
A. Yes, it did.
21
Q. Okay. Are there photographs that document your
22 observations of the pit?
23
A. Yes, there are.
24
Q. If I could direct your attention to photograph
——
40
Keefe Reporting Company
1 starting with Photograph No. 1?
2
A. Yes.
3
Q. What does that show?
4
A. That shows the pit and the waste inside of it.
5
Q. And is Photograph No. 2 the same but more of a close—up?
6
A. Yes, number 2 is a more detail shot of number i.
7
Q. Is the item towards the front of Photograph No. 2 the
B BBQ grill that you referenced?
9
A. Yes, the BBQ grill, the
car
parts and some other
10 material.
11
0. If I could direct your attention to Photograph No. 3 and
12 Nc. 4, but more particularly number 4?
13
A. Uh—huh.
14
0~ What does that show?
15
A. That shows a pool of oil and oil contaminated soil in
16 the deepest part of the pit.
17
0. Did you have any environments or concerns regarding the
18 oil and the waste at the pit?
19
A. Yes, I did.
I
was concerned that the oil in the pit
20 would contaminate ground water, cause soil contamination,
21 contaminate the soil and potentially be, if it was a flammable
22 material, pose a fire risk. And if it was volatile enough and it
23 volatilized out, it would put volatile compounds into the air.
24
0. After you made these observations, did you subsequently
41
Keefe Reporting Company
1
walk back to the office on site?
2
A.
Yes, I did.
3
0.
About how far was the pit from the office?
4
A.
About 150 yards.
5
Q.
When you were in the office,
did you meet up with
6
anybody?
7
A. Yes, I met with Mr. John Prior.
8
Q.
And then did you subsequently
have a conversation
with
9
Mr. Prior?
10
A.
Yes.
After we met, we walked back to the pit and I
11
asked him, you know, what he knew about it.
And he stated that
12
he had no idea that the pit was there or how the waste got in the
13
pit.
He didn’t really know anything about it.
And I asked him
14
if it was crude oil or used motor oil in the pit, and he thought
15
it was too black to be crude oil.
16
Q.
Okay.
Did you have discussion
with Mr. Prior what
17
needed to be done to clean-up the pit?
18
A.
Yes, I said that the
——
it needed to be
——
he said, oh,
19
he would immediately clean it up and take the dirt.
And I stated
20
that the dirt and everything needed to go to the landfill.
21
However, I wanted to make sure that it was not a hazardous waste
22
so I needed to get a sample of it prior to him taking it to the
23
landfill.
It was okay him for him to dig it up and to
24
consolidate
it and put it into a container,
but we needed test
42
Keefe Reporting Company
1
results
to make sure it was not hazardous,
and it could go to the
2
landfill.
3
0.
Did you return to the site on August 23rd?
4
A. Yes, I did.
5
Q.
Was that the sample as you just discussed?
6
A.
Yes.
I sampled the material in the pit, and I noticed
7
it was
——
the material was about 8 to 10 inches deep and had a
8
kerosene like odor.
9
Q.
Okay.
How did you identify the sample?
10
A.
I identified
the samples by our Bureau of Land
11
procedures for identifying
samples.
X meaning special,
2 meaning
12
waste and Ci, meaning the number 1, the first sample.
X201.
13
Q.
Can you tell me how you took sample X201?
14
A.
I took the sample using a 32—ounce glass jar.
And I
15
dipped the 32—ounce glass jar into the waste, and then I poured
16
it into my sampiing jars.
I used two 2—ounce jars for volatile
17
samples and one 32—ounce jar for semi—volatile
sample and one
18
9—ounce jar for a flash point sample.
19
Q.
When you say flash point, what does that mean?
20
A.
Flash point material will flash but will not sustain
21
ignition.
22
Q.
Okay.
And I don’t know if I asked you this before,
and
23
I apologize if I did.
When you say volatile,
what does that
24
mean?
43
Keefe Reporting Company
1
A.
There’s a certain group of chemicals that are considered
2
volatile
organic compounds, and there’s thousands of those types
3
of compounds.
And then there’s another list which are considered
4
semi—volatile,
not quite as volatile
as the volatile
ones.
5
0.
Okay.
Once you took the samples, what did you do with
6
them?
7
A. Once I took the samples, I sealed them with evidence
8
tape and I pack them for shipment to our organics lab in
9
Springfield,
Illinois,
and I followed the Agency’s chain of
10
custody and sampling procedure then.
11
Q.
And what analysis did you request of your sample?
12
A.
I requested flash point,
Polychlorobiphenyls,
PcBs, the
13
toxic characteristic
leachate procedure for volatile
organic
14
compounds, the toxic characteristic
leachate for semi—volatile
15
organic compounds.
16
Q.
Now does that go by the abbreviation
TCLP?
17
A.
TCLP.
18
Q.
That will help me out.
Okay.
What are each of those,
19
the 2CR?
20
A.
PCB are Polychiorinated
E3iphenyls that are known as
21
human carcinogens,
and they’re some nasty stuff.
22
Q.
And what about TCLP?
23
A.
TCLP is actually
is a test that mimics how a material
24
will behave in a landfill.
And the regulation
gives a iist of
44
Keefe Reporting Company
1
compounds that we look for and a target number, basically
a
2
concentration.
And if you test a material and your TCLP comes
3
back and the concentration
is above what’s in the list,
that
4
means
——
that means it meets the definition
of a hazardous waste.
5
Q.
Okay.
Did you make any other requests for analysis of
6
these samples?
7
A.
Yes, I did. I asked
——
There was some confusion whether
8
the oil in the pit was motor oil, used crank case motor oil or
9
whether it was crude oil, unrefined oil from an oil field
10
production waste.
And I asked the lab to run it against crude
11
oil standards and motor oil standards.
12
Q.
Did you ultimately
receive back from the lab sample
13
results?
14
A.
Yes, I did.
15
Q.
And did they reference
the same site and sample that you
16
took in August of 2000?
17
A.
Yes, they did.
18
Q.
And what did the sample results ultimately
indicate?
19
A.
The sample results indicated several things.
First, it
20
indicated that a flash point of 139 degrees Fahrenheit.
The
21
regulatory
limit for flash point is 140 degrees.
So this is one
22
of those where if it’s below the regulatory
limit,
it’s
23
considered an ignitable
waste.
So which means it has a flash
24
point lower than what
——
what the regulations
require.
So that
45
Keefe Reporting Company
1
tells me that it is an ignitable
waste, and it meets the
2
definition
of a DOT flammable waste.
3
0.
Okay.
4
A.
The results
also show that it had below detectable
5
limits of PCPs, so the sample contained
——
if it contained PCBs,
6
we didn’t see it
——
7
0. Okay.
B
A.
——
because it was below detectable
limits.
It also
9
showed that
-—
that the
--
it was compared to crude oil
10
standards,
and it appeared that the crude oil standards that
——
11
it had the same pattern and it matched that of the crude oil
12
standards.
So it was crude oil and not motor oil.
13
Q.
Did you also find that the sample contained other
14
organic materials?
15
A.
Yes.
The sample contained Toluene, Ethylbenzene
16
Benzelethelene,
Xylene, and other Polynuclear
Aromatic and 2, 4,
17
6 Tribromophenol.
18
0.
What is the significance
of these results
to you?
19
A.
The significance
of it that it was crude oil and not
20
motor oil.
Because if
——
if it was motor oil, this would be
21
considered a hazardous waste.
But since it was crude oil, there
22
is a regulatory
exemption for oil field production waste and that
23
exempts it from a definition
from a hazardous waste.
It also
24
tells me that the chemical compounds that are found in here are
46
Keefe Reporting Company
1
hazardous constituents
and pose a threat to the environment.
2
0.
Okay.
You mentioned a couple of different
things there.
3
It exempts in the definition
of hazardous waste?
4
A. Right.
5
Q.
Is it exempt in the definition
of a special waste?
6
A.
No, it is not.
It is still considered a solid waste.
7 And in the state of Illinois, and since it is a pollution control
8
waste, i.e.,
a clean—up waste, it will meet the definition
of a
9
special waste and require manifesting
and analysis to get it into
10
the landfill.
11
Q.
And before you
——
before you were discussing
flash
12
points?
13
A.
Right.
14
0.
And that was 139 degrees Fahrenheit?
15
A.
Yes.
16
Q.
Were you concerned that the material might be flammable?
17
A.
Yeah, it was flammable, yes.
18
Q.
Okay.
And also did this pose any threat to ground
19
water?
20
A.
Yes.
There
——
With a liquid being discharged
in and
21
onto the ground, there is definitely
a substantial
threat to
22
contaminating
the ground water.
Obviously it contaminated
the
23
soil.
And with the volatile
organics,
it will release volatile
24
organic compounds into the atmosphere.
47
Keefe Reporting Company
1
0.
After this, did you return to the site on August 29th,
2
2000?
3
A.
Yes, I did.
4
Q.
Did anybody accompany you?
5
A.
John Singen (phonetic)
6
0.
Who is that?
7
A.
He is one
——
another regional inspector.
B
Q.
What did you observe on site?
9
A.
The site remained unchanged since the August 22nd
10
inspection.
11
0.
Did you have a conversation
with Mr. Prior while you
12
were out there?
13
A.
Yes, I did.
He told me he would begin the excavation
on
14
August 31st, and he also told me that he had the pit dug over a
15
month ago to bury concrete.
16
Q.
Now did that conversation
differ with what he stated to
17
you on August 22nd concerning the pit?
18
A.
Yes, it did.
In the August 22nd inspection,
he told me
19
he didn’t know anything about the pit.
20
Q.
Did you observe any concrete in the pit?
21
A.
No, I did not observe any concrete in the pit.
22
1).
Did you return to the site on August 31st?
23
A.
Yes, I did.
24
0.
Why did you go out there on the 31st?
4B
Keefe Reporting Company
1
A.
I returned on the 31st because Mr. Prior called me on
2
the 30th and said he had dug the pit on the previous day, and I
3
wanted to go out and make sure and verify that was true.
4
Q.
What did you observe on site?
5
A.
I observed that the waste had been removed from the pit,
6
and it was put in a 20-yard roll—off box on the back of the
7 truck.
B
0.
Did you make any additional
observations
while you were
9
on site?
10
A.
Yes, I did.
On the southwest sight of the shop I
11
observed two 30—gallon drums that looked like they contained used
12
motor oil, and neither drum was labeled with the words used oil
13
per the regulation.
And there was a large amount of used oil on
14
the top of the drums and around the drums and on the ground.
15
Q.
what did that indicate
to you, sir?
1?
A.
That indicated there was poor management of the used oil
17
and poor housekeeping practices.
And there were violations
of
lB
the Environmental
Protection Act and violations
of the
—--
both
19
regulations.
20
Q.
Did it indicate to you that the drums could be leaking?
21
A.
They could be leaking.
22
0.
Okay.
23
A.
It looked like more
——
it was more like was overfill,
24
that they were open and rain water was getting in.
And since oil
49
Keefe Reporting Company
1
floats on water, the oil was being forced out of the drum.
2
Q.
Did you have a conversation
with anybody on site about
3
those drums?
4
A.
Yes.
I went to the office and I spoke with a Jenny
S
Dining and explained to her that the drums were leaking and
6
released oil and that needed to be cleaned up. And I told her
7 that the oil could be scraped up and put in the same roll—off box
8
as the oil from the
——
from the pit.
And she said she would tell
9
the guys in the shop.
10
Q. Do you have an opinion, an environmental opinion,
11
concerning your observations
of August 2000, the Gomper site?
12
A.
Yes, I do.
In my opinion there was a threat to the
13
environment,
a potential
ground water contamination,
there was
14
soil contamination
from the drums, there would have definitely
15
been a threat of surface water contamination
during the storm
16
water runoff.
Because they were volatile
compounds in the crude
17
oil that was in the pit, there was definitely
air pollution
lB
concerns with the volatilization
of the chemicals.
19
Q.
Did the Illinois
EPA subsequently
send Mr. Prior a
20
Violation Notice?
21
A.
Yes, we did.
22
Q.
Okay.
What’s a Violation Notice?
23
A.
A Violation
Notice, pursuant to Section 31 of the
24
Illinois
Environmental
Protection Act, which serves to notify the
50
Keefe Reporting Company
1
responsible
party of violations
of the Act and regulations.
2
Q.
What information
is specifically
include in a Violation
3
Notice?
4
A.
There is a letter attached to the Violation Notice which
S
spells out the Section 31 procedures and how to respond to the
6
Violation Notice and the time frames required to respond.
It
7 also has an Attachment A to it which spells out the alleged
8
violations
and what
——
which each violation
it is and the reason
9
it was cited.
And also contains a section called a Suggested
10
Resolution
Section which outlines
the steps the Agency expects
11
the responsible
party to take to bring the facility
back into
12
compliance.
And also there is further information on how to
13
respond.
14
Q.
Does it also include the Inspection
Packet that we
15
discussed before?
16
A.
Yes.
The checklist,
the narrative,
the site diagram are
17
typically
what is attached to the Violation Notice.
In this
lB
case, there was also the sample results
should have been
19
attached.
20
0. In this instance, was there a Suggested Resolution
21
attached to the Violation Notice?
22
A.
Yes.
23
03.
Sent to Mr. Prior?
24
A.
Yes, there was.
51
Keefe Reporting Company
1
03.
And what did that include?
2
A.
The Suggested Resolutions
included immediately cease all
3
open dumping, immediately label all containers with the words
4 used oil, containers containing used oil with the words used oil,
5
immediately begin cleaning up the release from the two drums of
6
used oil on the southwest side of the shop.
7
I asked that by December 14th, 2000, that Prior Oil Company
8
submit documentation
showing what steps are taken to clean up
9
crude oil in the pit.
And once this waste is no longer liquid,
10
i.e.,
that’s it solidified
and there’s no free liquids in it, and
11
may be disposed as a special waste.
However, a Special Waste
12
Manifest needs to accompany it to the landfill.
And I ask that a
13
Hazardous Waste Determination
be conducted on the two drums of
14
used oil in the shop, and at a minimum, they must look for flash
15
point,
and that all waste be removed from the site by December
16
14th, 2000.
17
03.
Did you return to the site on December 5th, 2000?
18
A.
Yes, I did.
19
0.
I’m going to hand you what’s been previously marked
20
People’s Exhibit 6 for identification.
I’ll ask you to identify
21
it.
Can you identify
that document for me?
22
A.
It is an Open Dump Checklist
for December 5th, 2000.
23
03.
Why did you return to the site on December 5th?
24
A.
I received a complaint that the oil well development
52
Keefe Reporting Company
1
waste was being dumped in a hole behind the old incinerator
that
2
was located behind the Prior Oil Company shop.
3
0.
Did anybody accompany you on site?
4
A.
Yes, Mike Grant and Alan Whitler and another gentleman
5
from the Illinois
Department of Natural Resources.
6
0.
Who is that?
Was it Mr. Price?
7
A. Charlie Price, yes.
8
03.
Is he a well inspector?
9
A.
Yes.
10
03.
This December 5th, 2000, Inspection
Memo, was it made by
11
you under the procedures
that we previously discussed with the
12
August 2000 memo?
13
A.
Yes, it was.
14
0.
Okay.
And it was generated in the ordinary course of
15
business activity?
16
A.
Yes, it was.
17
0.
Did you take photographs
on site on December 5th?
18
A.
Yes, I did.
19
0.
And are you familiar with the site as it appeared on
20
that date?
21
A.
Yes, I am.
22
0.
Do these photographs fairly and accurately
show the
23
condition of the site on December 5th?
24
A.
They do.
53
Keefe Reporting Company
1
0.
What about a site sketch, did you complete one of those?
2
A.
Yes.
3
0.
Does it generally
show the condition of the site on that
4
date?
5
A.
Yes.
6
MS. CARTER:
At this time the People move for the admission
7 of People’s No. 6 into evidence.
8
HEARING OFFICER SUDMAN:
Do the Respondents have any
9
objection?
Hearing none, I will admit People’s Exhibit No. 6.
10
MS. CARTER:
Thank you.
11
0.
(By Ms. Carter)
When you first arrived on site on
12 December 5th, what did you observe?
13
A.
I observed an oil stained area about 100 feet south of
14
the railroad tracks.
15
03.
Did you notice any vegetation
in the area?
16
A.
Yes.
It looked like the oil had been dumped sometime
17
ago due to the growth of the vegetation.
18
0.
Are there photographs that document your observations?
19
A.
Yes, Photos 1 and 2 show that particular
area.
It looks
20
like the
——
the material
——
that a truck backed in and discharged
21
the material there because it appears to be like tire tracks.
22
0.
Is it the dark material in Photograph 1 and 2?
23
A.
Yes.
24
0.
I think before you mentioned that you had met
54
Keefe Reporting company
1
Mr. Whitler and Mr. Price out there?
2
A.
Yes.
3
0.
Did they indicate to you what observations
they had made
4 prior to your arrival?
5
A.
Well, they had told me that Mr. Prior did not have any
6
permits to haul oil field waste.
7
0. Okay. Did you make any other observations on site on
B that day?
9
A.
Yes, I did.
We went
——
We walked, not only did we see
10
the oil staining
waste that was about 100 feet south of the
11
track,
we also observed that there was oil within the
——
within
12
some rubble.
There was concrete rubble and dense vegetation
13
right next to the incinerator,
and we observed vehicle tracks
14
leading to those concrete slabs.
And I observed a low area
15
within the concrete area and vegetation
where it appeared that
16
oily waste had been discharged.
And it appeared that a hose was
17
used to get into this area and discharge this material.
And the
lB
gentleman from the
—-
Mr. Whitler from the Illinois
Department of
19
Natural Resources, he estimated that about three barrels,
or 126
20
gallons,
of oil field waste had been discharged in this area.
21
0.
Was there a tanker truck on site?
22
A.
There was a tanker truck.
There was a Prior Oil Company
23
tanker truck on site.
24
0.
If I could direct your attention
to Photograph No. 10.
55
Keefe Reporting Company
1
What does that show?
2
A.
That shows the concrete rubble that I referred
3
previously,
and the general area where the oily waste was
4
discharged.
5
0.
Was that in the middle of the photograph there?
6
A.
Yes.
7
03. What’s the red and white structure behind that?
8
A.
That is
——
I believe the name of the company is Fisher
9
Metal Fabrications.
10
0.
Okay.
What about Photograph No. 12, what does that
11
show?
12
A.
That is essentially
the same picture as Photo 10, but a
13
more close—up view which shows some oil field waste on the right
14
——
if you’re looking at the picture,
there’s a concrete
——
piece
15
of concrete to the right at the bottom of that, there’s some oily
16
material on the ground.
17
0.
What does Photograph No. 14 show?
18
A.
Photograph 14 shows the tanker truck.
19
03.
What do Photographs No. 3 through 5 show?
20
A.
Three shows
——
it’s a picture of the vegetation with the
21
——
If you look in the very middle of the picture,
there’s some
22
oily material
on the ground.
If you look at Picture No. 4, it
23
shows there’s oily material actually
on the branches and the
24
vegetation.
Picture No. 5 is the same picture.
56
Keefe Reporting Company
Q. And where are these photographs taken on site?
A.
They’re taken just in back of that
--
that concrete
rubble structure
that was in Photo 10 and in Photo 12.
03. Did you make any observations on the northwest side of
5
the Gomper site?
6
A.
Yes.
That was the area of the
—-
of the
——
where the
7 pit was I saw during the August inspections, August 2000
B
inspections.
And I observed that the
——
there was a large pile
9
of oily contaminated
soil that contained many of the same waste
10
items that were in the
——
that were in the pit.
It appeared that
11
the truck that I observed in August with the roll—off box with
12
soil, the soil had been dumped on the ground here.
13
0.
Did you observe that roll—off box during your August
2000 inspection
site?
A. No, I didn’t.
16
0.
Is there a picture that depicts your observations?
17
A.
Yes, Photograph No. 6.
18
0.
Do you have an opinion concerning your observations
of
19
December 5th at the Gomper site?
20
A.
Yes.
It appears that used
——
that oil field waste was
21
deposited
on the ground causing a
——
again, a risk for ground
22
water contamination,
soil contamination,
storm water runoff and
23
surface water contamination.
It appeared that the waste that was
24
in the roll-off
box had been redisposed of on the ground causing
1
2
3
4
14
15
57
Keefe Reporting Company
1
potential
surface ground water and soil contaminations.
2
0.
Did the location of the discharged oil in that heavily
3 wooded area indicate to you any efforts on site to disguise that?
4
A.
Yes, that would tell me that discharging
it in an area
S
where it’s difficult
to see, they were trying to conceal the
6
dumping of oil field waste.
7
03.
Did the oiled soaked land pose a threat to the
8
environment?
9
A. Yes. Residual oil contaminations poses a threat to
10
potential
surface water and leaching into the ground water.
11
0.
Did Mr. Prior ultimately
respond to the Violation Notice
12
that the Illinois
EPA mailed?
13
A.
Yes, he did.
14
0.
Do you recall Mr. Prior’s response to the Violation
15
Notice?
16
A.
The response was made through his consultant.
I believe
17
it was Hopper Environmental.
18
0.
Did Mr. Prior,
through his consultant,
commit to
19
complete any activities
on site?
20
A.
Yes, they said they would clean the soil up, take it to
21
the landfill,
and they would take the used oil to the
——
to the
22
recycle
——
a recycling
facility.
And they said they would stop
23
dumping oil field waste at that
——
at that facility.
24
03.
Did they commit to a completion of these activities
by a
SB
Keefe Reporting Company
1
certain date?
2
A.
I would have to review the documents to refresh my
3
memory.
4
03.
Okay.
I’ll hand you a document.
If you can identify
S
this document for me.
6
A.
It is the response to the
-—
to the Violation Notice
7
that the Agency sent to Prior Oil Company.
B
03.
Will that document assist you in refreshing
your
9
recollection?
10
A.
Yes, it would.
11
03.
Okay.
By what date did Hopper Environmental
commit to
12
those measures that you just described?
13
A.
They said that
--
that they will have it done by January
14
19th, 2001, that for one part of it; and that was for the
15
contaminated
soil from the pit.
And they also committed to
16
having the containers of used oil off site by January 12th, 2001.
17
03.
Okay.
Thank you.
Was a Notice of Intent to Pursue
18
Legal Action sent to Mr. Prior?
19
A.
Yes, it was.
20
03.
Did you request that the Notice of Intent to Pursue
21
Legal Action be sent to Mr. Prior?
22
A.
I recommended, with concurrence from my regional
23
attorney,
that a Notice of Intent to Pursue Legal Action be sent
24 to Mr. Prior.
59
Keefe Reporting company
1
03.
I’m going to hand you what’s been previously
marked as
2
People’s Exhibit No. 7 for identification.
If you could identify
3
this document for me.
It is a Notice of Intent to Pursue Legal
4
Action.
What kind of records does your Bureau regularly maintain
5
or generate to notify individuals
that the State will be
6
proceeding with legal action against them?
7
A.
This document is part of the Section 31 process that
8
let’s the respondent know that the Agency may take legal action,
9
and it’s sent via certified
letter.
10
0.
Once the list is sent to the respondent,
what does your
11
Bureau do with this document and how?
Do you maintain it in your
12
files?
13
A.
Yes, it’s maintained in our file.
And it gives the
14
respondent 30 days to
——
I’m sorry, 20 days to set up a meeting.
15
03.
Are these Notice of Intent to Pursue Legal Action
16
letters
regularly generated by the Illinois
EPA?
17
A.
Yes, they are.
18
0.
Do you typically
receive a copy of these documents?
19
A.
Yes.
20
0.
Was this Notice of Intent to Pursue Legal Action
21
produced in the ordinary course of business activity.
22
A.
Yes, it was.
23
MS. CARTER:
At this time the People move for the admission
24
of People’s Exhibit 7.
60
Keefe Reporting Company
1
HEARING OFFICER SUDMAN:
Do the Respondents have any
2
objection?
Hearing none, I will admit People’s 7.
3
0.
(By Ms. carter)
Did Mr. Prior respond to the NIPLA, or
4
the Notice of Intent to Pursue Legal Action?
S
A.
Not in writing.
He did call to set up the meeting.
6
However, I believe there was an illness
in the family and it was
7
cancelled but not rescheduled.
B
Q.
Did you return to the site on August 30th, 2001?
9
A.
Yes, I did.
10
0.
I’m going to hand you what’s previously been marked
11
People’s Exhibit B for identification.
If you could identify
12
this document for me.
13
A.
It is an Open Dump Checklist
for an August 30th, 2001,
14
inspection.
15
03.
Was this document generated in the procedures we
16
discussed with accepting your August 2000 Inspection
Report?
17
A.
Yes.
And the December 5th, 2000, inspection.
lB
03.
Okay.
Did you take photographs
while you were on site
19
on August 30th, 2001?
20
A.
Yes, I did.
21
03.
Are you generally
familiar with the site as it appeared
22
on that date?
23
A.
Yes, I am.
24
03.
Did these photographs
fairly and accurately
show the
61
Keefe Reporting company
1
condition
of the site on August 30th?
2
A.
Yes.
3
03.
Did you also complete a site sketch for this visit?
4
A.
Yes.
5
03.
And does it generally
show the conditions
of the site on
6
August 30th?
7
A.
Yes.
8
03.
And will it assist you in explaining
your observations
9
on this date?
10
A.
Yes, it will.
11
MS. CARTER:
At this time the People move for the admission
12
of People’s Exhibit No. B into evidence.
13
HEARING OFFICER SUDMAN:
Do the Respondents have any
14
objection?
Hearing none, I will admit People’s Exhibit B.
15
03.
(By Ms. Carter)
What did you observe on site?
16
A.
I observed that it remained relatively
unchanged since
17
my December Sth inspection.
I observed a pile of oily,
lB
contaminated soil from the pit was still
there, and it appeared
19
that since none of the rubble or vegetation
had been moved
20
around, it did not look like that any of the crude oil material
21
had been cleaned up either.
22
03.
Okay.
I think you mentioned that you observed the
23
material
that you previously believe you observed in the pit?
24
A.
Right, yes.
62
Keefe Reporting Company
1
03.
In the January 2001 letter
from Hopper Environmental
to
2
the Illinois
EPA responding to the Violation Notice, did they
3
make any commitments concerning that pit?
4
A.
Yes, they commit that they would have the waste from the
5
pit sent to the landfill
and the oil field
——
and the used oil
6
drums sent to a recycling facility
by the end of January 2001.
7 And by the inspection, it appeared that they did not comply with
B
that compliance commitment agreement.
9
Q.
Did they also state that the material had been placed on
10
plastic?
11
A.
Yes.
And it was evident that there was no plastic
under
12
the soil.
13
0.
Okay.
If I could direct your attention
to the
14
photographs
——
specifically
Photograph No. 1, what does
——
or
15
excuse me, just a moment, sir.
Okay.
Photograph No. 1, what
16
does that depict?
17
A.
That is the pile of contaminated soil from the pit that
18
is disposed of on the ground with no plastic
underneath it.
19
0.
I see there’s quite a bit of vegetation out there; is
20
that correct?
21
A.
Yes.
22
03.
Did it make it difficult
to observe things?
23
A.
No, not really.
24
Q.
Okay.
What about the Photograph No. 3?
63
Keefe Reporting Company
1
A.
That is another view of the contaminated
soil.
2
03.
Did you make any other observations
on this date?
3
A.
Yes, I did.
It appeared that it was difficult
to see
4
down into the areas where the
——
where the, sorry, oil field
S
waste had been dumped and the concrete rubble and vegetation.
6 did not observe any further oil staining on the
—-
on the
7
branches.
It looks like the rain water, through natural
8
attenuation,
had washed this material off the plants.
9
0.
Did you observe any new pits on site?
10
A.
Yes, there was a new pit on site.
However, that pit was
11
empty.
There was no
——
there was no waste in it.
12
0.
Do you have an opinion concerning your observations
on
13
this date?
14
A.
Yes, I do.
It looked like the letter
that
——
the letter
15
we received stating
that they would clean it up, they did not
16
clean it up.
It looks like the
——
little
to no effort at all was
17
done towards compliance of the Violation Notice.
18
Q.
In your opinion, did the crude oil contaminated
soil
19
still
present a threat to the environment?
20
A.
Yes, it did.
21
0.
Okay.
Why so?
22
A.
It is still exposed to the elements.
You still have a
23
threat for ground water contamination,
surface water
24
contamination
and soil contamination.
?4
Keefe Reporting Company
1
0.
Did the Illinois
EPA ultimately
receive an Environmental
2
Site Assessment Report from Hopper Environmental
for the
3
respondent?
4
A.
Yes, yes.
5
03.
And as a result of that report, did you subsequently
6
return to the site?
7
A.
Yes, I did.
8
03.
And it was in May of this year?
9
A.
No, I think it was May of last year.
10
03.
I’ll hand you what’s been previously marked as People’s
11
Exhibit 9.
12
A.
Yes, it was this year.
13
Q.
Did you respond to that question,
I’m sorry?
14
A.
Yes, it was this year.
15
03.
I’m handing you what has been marked for identification
16
People’s Exhibit 9, what is this document?
17
A.
It is an Open Dump Checklist with narrative,
site sketch
18
and photographs.
19
03.
Did
-—
Was this document generated under the same
20
procedures we discussed earlier
in your testimony?
21
A.
Yes, it was.
22
03.
Okay.
And was it generated in the ordinary course of
23
business activity?
24
A.
Yes, it was.
65
Keefe Reporting Company
1
03.
And did you take photographs
out there on May?
2
A.
Yes, I did.
3
03.
And are you generally
familiar with the site as it
4
appeared on May 8th, 2003?
S
A.
Yes.
6
0.
And do these photographs
fairly and accurately
show the
7
site on this date?
8
A.
Yes.
9
0~
Did you also take
——
draw a site sketch?
10
A.
Yes, I did.
11
03.
Did this site sketch generally
show the condition of the
12
site on this date?
13
A.
Yes.
14
MS. CARTER:
At this time the People move for the admission
15
of People’s No. 9 into evidence.
16
HEARING OFFICER SUDMAN:
Do the Respondents have any
17
objection?
Hearing none, I will admit People’s No. 9.
18
03.
(By Ms. Carter)
What was the purpose of this site
19
visit?
20
A.
To assess the compliance with the acting regulations
and
21
to determine if, and to verify,
if the site had been cleaned up
22
pursuant to the plan that was submitted by Hopper Environmental.
23
03.
The plan that was submitted by Hopper Environmental,
do
24
you recall when that was submitted to the Illinois
EPA?
66
Keefe Reporting Company
1
A.
It was March 12th,
2
03.
What did that plan
3
A.
It stated that the
4 the soil had been cleaned up
S
used oil drums were sent to
6
in the pit had been sent to
7
0.
Did
they submit rec
8
trash, refuse and tires?
9
A.
No, there was no receipts
for the disposal of general
10
trash
——
0. Okay.
A.
——
and/or tires.
0. What does that tell you or not tell you?
A.
Well, I suspect that the trash went into the 15—yard
roll—off box that went to Cottonwood Landfill in Marissa,
Illinois,
but the landfills
are banned from accepting tires,
so I
still
question where the tires went to, where they’re disposed of
18
at.
And the report from Hopper Environmental,
it included
results;
correct?
Yes, it did.
What do they generally
show?
They showed that, through field screenings,
that the
the Tiered Approach to clean—up Objectives that are in
2003.
generally state took place on site?
——
the oil had been remediated and
And it also indicated that the
a recycling facility,
and the waste
the landfill.
eipts for the disposal of the general
11
12
13
14
is
16
17
19
20
21
22
23
24
0.
sample
A.
0.
A.
area met
67
Keefe Reporting company
1
the Board regulations.
2
0.
The Tiered Approach to clean-up Objectives,
is that
3
generally
referred to as TACO?
4
A.
Yes.
5
0.
What does TACO seek to do or allow?
6
A.
Well, TACO is our clean—up standards that are based on
7
risk based clean—up standards.
And essentially
what
——
what a
8
facility
does is, if they have a release,
we tell them to clean
9
up the release and clean it up and meet the levels that are in
10
TACO. Again, another list of chemical constituents,
another list
11
of concentrations
of those chemicals.
And if you clean it up and
12
then you sample what’s left,
and if those numbers are below
13
what’s in the list
——
on the list,
then you’re done.
You don’t
14
have to clean up any further.
And it appeared that Shamo
15
Environmental had met those objectives.
16
03.
What did you generally
observe on site in May of 2003?
17
A.
I did not observe any open dumping of waste on site.
It
18
——
The waste soil that was in the pit, was no longer on site.
I
19
did not observe any oil, stained soil, around the broken concrete
20
or on the rear of the property.
The one open pit did not contain
21
any waste, and I did not see any drums of used oil on site.
22
MS. CARTER:
I have no further questions
for this witness.
23
HEARING OFFICER SUDMAN:
Okay.
Thank you.
I will remind
24
the Respondents,
this is your opportunity
to cross—examine this
68
Keefe Reporting company
1 witness. You will have an opportunity to testify and present all
2
of your evidence later.
This is not the time to do that.
This
3
is simply your time to question the witness about anything he’s
4
just said in his direct testimony.
Having said that, Mr. Prior,
S
you may continue if you have any questions
for this witness.
6
MR. PRIOR:
No, ma’am.
7
HEARING OFFICER SUDMAN:
Okay.
Mr. Mezo, do you have any
8
questions
for this witness?
9
MR. MEZO:
No.
10
HEARING OFFICER SUDMAN:
Okay.
If there are no other
ii
questions
for this witness,
you may step down.
Let’s go off the
12
record for a minute?
13
(A discussion
was held off the record.)
14
HEARING OFFICER SUDMAN:
Okay.
We’re back on the record.
15
We just decided to take a one—hour lunch break and meet back here
16
at 12:40.
Thank you.
17
(A lunch break was taken.)
18
HEARING OFFICER SUDMAN:
Okay.
We are back from lunch.
It
19
is 12:4S.
We are ready to proceed with the People’s next
20
witness.
21
MS. CARTER:
The People call Cheryl Cahnovsky.
22
HEARING OFFICER SUDMAN:
The court reporter
will swear you
23
in.
24
CHERYL CAHNOVSKY,
69
Keefe Reporting Company
1
called as a witness herein, having been first duly sworn,
2
deposeth and saith as follows:
3 QUESTIONS BY MS. CARTER:
4
03.
Please state your name.
S
A.
Cheryl Lynn Cahnovsky.
6
03.
Just to make sure the record is clear and to make sure
7
there’s no mistake on my part, what was your name a few weeks
8
ago?
9
A.
Last name was Kelly.
I got married.
10
03.
I am still
probably going to call you Cheryl Kelly.
Can
11
you tell me a little
bit
——
a little
bit about your post—high
12
school education?
13
A.
I have an undergraduate
degree from Southern Illinois
14
University
in Edwardsville
in earth science with a focus in
15
geology, and I have a master’s of science degree from Southern
16
Illinois
University at Edwardsville
in environmental
studies.
17
03.
And with whom are you currently
employed?
18
A.
Illinois
EPA.
19
0.
And what’s your position with the Illinois
EPA?
20
A.
I’m an emergency responder.
21
0.
For what unit?
22
A.
The Emergency Operations Unit, Office of Chemical
23
Safety.
24
03.
Okay.
Can you tell me about your duties as an emergency
70
Keefe Reporting Company
1
responder?
2
A.
Yes.
I respond to hazardous material,
chemical
3 incidents, whether it’s air, land or water related; I conduct
4
site visits,
do follow—up inspections
and review remediation
S
plans and reports and review the sample results until completion
6
of the project.
7
03.
When you respond to environmental
releases,
do you also
8
coordinate
responses amongst various groups?
9
A.
Yes, I coordinate
with local, state and county
10
officials,
fire departments.
And if it’s an emergency response,
11
usually the HAZMAT team is on site.
12
03.
How long have you been working in this capacity?
13
A. I’ve worked with Emergency Response Unit for seven
14
years, and I did have a previous position
with Illinois
EPA.
15
03.
And what was that position?
16
A.
I worked as an Environmental Protection
Specialist
for
17
the Bureau of Air and Air Quality Planning Section.
I did review
18
transportation
conformity measures for non—attainment areas such
19
as ozone, for the metropolitan
areas of St. Louis and chicago.
20
Q.
During the course of your employment with the Illinois
21
EPA Office of Emergency Response, can you estimate how many
22
inspections
you’ve done in that time?
23
A. Total?
24
03.
Total, or so many per year.
What’s easier for you?
71
Keefe Reporting Company
1
A.
Inspections,
probably at least 100 related to oil, 50 to
2
100 per year related to oil spills.
3
03. Okay. Since you’ve been employed by the Illinois EPA,
4
have you had the opportunity
to have some training
as well?
S
A.
Yes.
I’ve gone to quite a few spill drills and been
6
involved with salt water training as well as the spill drills
7
deal with oil pollution
act which is under crude oil or petroleum
8
products and impact water waste.
9
0.
When you say spill drills,
what sort of activities
do
10
you undertake in those sort of events?
11
A.
The spill drills
are normally sponsored by an
12
organization.
It’s required to do these periodically.
And we
13
act as the emergency responder or oversite manager for the EPA on
14
site.
They
——
What they do is go through either a table—top
15
exercise or a hands—on exercise.
If it was an hands—on exercise,
16
they would deploy river boom and absorbant boom to the river,
17
have their emergency response contractors
on site and try to go
lB
through the motions of the spill as best they can.
By
19
remediating
and addressing how big of the spill was and deploying
20
boom at strategic
locations downstream.
21
0.
You use the term river boom or absorbant boom, is that
22
interchangeable?
23
A.
No.
River boom is classic
skirted boom.
It floats on
24
water and they come in different
lengths.
But typically
what
72
Keefe Reporting Company
1
they’re designed to do is deploy a sheet of plastic
about this
——
2
at least 12 inches in depth in the water to slow down or help
3
recover the crude oil or petroleum products that are on top of
4
the water.
So they place these in the water on an angle,
5
straight
across on an angie, and the corner of it will collect
6
the oil and bring it to the bank.
And then they have recovery
7
trucks that recover the petroleum.
B
03.
And what about an absorbant boom?
9
A.
An absorbant boom, it absorbs the petroleum products.
10
It floats on water too.
They are normally white, and they’re
11
made of an
——
I would say a petroleum fiber or a plastic
fiber
12
that absorbs the petroleum.
And they are used in conjunction
13
with river boom a lot of times in larger waterways.
Absorbant
14
boom can be used in smaller waterways.
A river boom, unless the
iS
creek is at least 12 inches in depth, that isn’t used.
16
0.
Have you also had the opportunity
to participate
in
17
training sponsored by Department of Transportation,
are those the
18
same things the spill drills
you were discussing
then?
19
A.
Yes.
20
03.
I’m going to hand you what has previously been marked as
21
People’s Exhibit No. 10 for identification.
If you could
22
identify
this document for me.
23
A.
This is my resume.
24
03.
And does it fairly and accurately
show your work
73
Reefe Reporting Company
1
experience and educational
background?
2
A.
Yes.
3
0.
And does it
—-
or is it current through today’s date to
4
the present?
S
A.
Yes.
6
MS. CARTER:
At this time the People move for the admission
7
of People’s Exhibit 10.
B
HEARING OFFICER SUDMAN:
Are there any objections
to this?
9
Hearing none, I will admit People’s Exhibit 10.
10
Q.
(By Ms. Carter(
Are you generally
familiar with the
11
Attorney General’s case involving John Prior and James Mezo?
12
A.
Yes.
13
0.
How are you familiar with it?
14
A.
I have conducted several site visits
to different
crude
15
oil spills.
16
03.
Are you familiar with the facility
consisting
of several
17
tank batteries
used to store crude oil located in the Wamac City
18
Park in Wamac, Illinois?
19
A.
Yes.
20
03. Okay. How are you familiar with what I’ll refer to as
21
the Wamac Park site?
22
A.
I was notified by lENA of a crude oil spill,
20 barrel
23 crude oil spill, and have conducted several site visits there.
24
0.
When you say lENA, what does that stand for?
74
Keefe Reporting Company
1
A.
Illinois
Emergency Management Agency.
2
03.
What is the purpose of lENA?
3
A. IEMA is the agency that has the reportable quantities as
4
required to report through the state, and we receive their IEMA
S
reports,
when it’s applicable
to IEPA.
6
0.
Okay.
Are you familiar with who operates the tank
7
batteries
located in the Wamac city Park?
8
A.
John Prior.
9
0.
Okay.
And approximately
how many occasions have you
10
been to the site?
11
A.
I believe three.
12
0.
Okay.
And does it include a July ‘97 site visit?
13
A.
Yes.
14
Q.
I’m going to hand you what has previously
been marked as
15
People’s Exhibit 11 for identification.
If you can identify this
16
document for me.
17
A.
This is my Inspection
Memo.
18
03.
Okay.
Are these Inspection
Memos something that you
19
typically
generate in response to an inspection?
20
A.
Yes.
21
03.
Okay.
What use does the Office of Emergency Response
22
make of these documents once its generated?
Are they kept in a
23
file?
24
A.
Yes, they’re kept in a file and maintained.
75
Keefe Reporting Company
1
0.
Are these Inspection Memos generally completed shortly
2
after your inspection?
3
A. Yes.
4
03.
And this August 7th, 1997, Inspection
Memo, was it made
5
by you under these procedures we just described?
6
A.
Yes.
7
03.
And was it made at or near the time the events contained
8
within these documents were observed?
9
A.
Yes.
10
0.
Okay.
Is this document ordinarily
produced in the
11
course of business by the Illinois
EPA?
12
A.
Yes.
13
03.
Did you take photographs
while you were out there?
14
A.
I did.
15
03.
Okay.
If I can have you turn to the photographs,
are
16
you generally familiar with the site as it appeared on July 22nd,
17
1997?
18
A.
Yes.
19
0.
Do these photographs fairly and accurately
show the
20
condition of the site on this date?
21
A.
Yes.
22
0.
Did you also include a map of this facility
with your
23
Inspection
Memo?
24
A.
I did.
76
Keefe Reporting Company
1
03.
And why did you include the map?
2
A.
I put down the location of the photographs that I took.
3
0.
Are the photographs marked by numbers?
4
A.
Yes, they’re marked by numbers.
And then I have the
S
roll number associated with the roll of film that I took.
6
0.
And then are those photograph numbers cross—referenced
7
on the map that you attached?
8
A.
Yes.
9
03.
Will this map
——
will these maps assist
you in
10
explaining
your observations
on July 22nd?
11
A.
Yes.
12
MS. CARTER:
Okay.
At this time the People move for the
13
admission of People’s Exhibit 11 into evidence.
14
HEARING OFFICER SUDMAN:
Do the Respondents have any
iS
objection?
Hearing none, I will admit People’s Exhibit 11.
16
0.
(By Ms. Carter)
Why were you on site on July 22nd?
Was
17
it in response to an lENA report?
18
A.
Yes, it was.
And we had received a call from Alan
19
Whitler who is the Mines and Mineral manager in centralia.
20
03.
When did you receive the call from Alan Whitler?
21
A.
On the 22nd that morning, and I had spoken to Woody
22
Myers.
23
0.
And who is Woody Myers?
24
A.
He’s the Mines and Mineral inspector
that was at the
77
Keefe Reporting Company
1
site on the 21st.
2
03.
Did
Mr. Myers relay any information to you in that phone
3
call?
4
A.
He did.
He told me that he had responded to the
S
incident that evening.
That crude oil was not contained or fully
6
contained within the fire walls of the containment berm and had
7
overflowed the containment berm.
The crude oil had drained down
B
20 to 30 feet into the Wamac City Park into a small drainageway
9
that impacted Fulton Creek, and
——
and they had deployed straw
10
bales at two bridge locations
in Fulton Creek in the Wamac
——
in
11
the city of Wamac.
A thunderstorm had occurred that evening on
12
the 21st, and it had spread out the oil even farther.
And I
13
think that’s
—-
he discussed how much he thought was released in
14
the spill.
15
0.
Okay.
He said there was straw bales deployed?
16
A.
Yes.
17
03.
What purpose would straw bales serve?
18
A.
Well, if you don’t have absorbant boom, straw bales are
19
used to help contain the crude oil if there isn’t much flow in a
20
——
in a drainageway.
But absorbant booms absorb oil and straw
21
bales do not absorb the oil, they only help contain it.
And the
22
straw bale
——
the straw itself
is coated on the outside with the
23
oil, but it was flowing through the bales.
24
03.
If the water body has a great deal of flow, are straw
78
Keefe Reporting Company
1
bales effective?
2
A.
No.
3
03. I think you also mentioned that the crude oil
——
had
4
been reported that the crude oil drained on through the Wamac
5
City Park, is this facility
in close proximity to the Wamac City
6
Park?
7
A.
Yes, it’s actually literally
in the Wamac
city
Park.
B
0.
Is there a photograph that actually physically
depicts
9
the location of the tank battery relative
to the park?
10
A.
There is.
11
0.
Is it
——
If I could direct your attention
maybe to speed
12
this up
13
A.
To number 10.
14
Q.
On what date?
15
A.
July 28th.
16
0.
And what does that show then?
17
A.
It shows a picture of the tank battery adjacent to the
18
park.
19
0.
Is that a baseball field there?
20
A.
Yes, it’s a baseball field next to the tank battery.
21
0.
Let’s turn to your inspection
now, Mrs. Cahnovsky, when
22
you first arrived on site.
Did you make any observations
in
23 terms of odors?
24
A.
Yes, the odors were strong at the release point.
79
Keefe Reporting Company
1
0.
And what did it smell of?
2
A.
Crude oil.
3
03.
And did you find Mr. Prior on site?
4
A.
I did find Mr. Prior on site.
He was working on
S
constructing
the tank walls within the containment battery.
6
0.
Within the containment battery,
is that what you said?
7
A.
He was building them up with soil.
B
03.
Okay.
What about any other employees, did you observe
9
any other employees on site?
10
A.
No, I didn’t.
11
03.
Okay.
Did you observe any sort of recovery equipment
12
such as a vacuum truck on site?
13
A.
Yes, there was a vacuum truck on site next to the tank
14
battery,
but it was not operating.
15
0.
Okay.
And maybe just to clarify,
what purpose does a
16
vacuum truck serve?
17
A.
A vacuum truck is used
——
it’s basically
a truck with a
18
tank on the back with a pump.
And what they do is they suck the
19
liquids,
usually they’re used in petroleum product spills to
20
recover the crude oil from a creek.
21
03.
Okay.
And in a release such as this,
would you have
22
expected to see a vacuum truck in use?
23
A.
Yes.
24
0. Okay. Did you then or did you have a conversation with
80
Keefe Reporting Company
1
Mr. Prior while you were on site?
2
A.
I did have a conversation
with Mr. Prior.
3
03.
Did you discuss with him the cause of the incident?
4
A.
Initially
the lENA report had stated this was from a
——
S
he reported from IEMA that this was due to a lightening
strike.
6
But his reports,
what he had told me, that this was due to
7
children had opened the ball valve through the fence.
There’s a
8
fence outside the tank battery,
and the children must have opened
9
a ball valve and released the crude oil.
10
0.
Okay.
You said a number of things there.
I’m going to
11
back up just a moment.
12
A.
Okay.
13
Q.
When you were out there, did you notice any sort of
14
potential
damage due to a lightening
strike?
15
A.
No, I didn’t.
16
0.
Okay.
And then you also mentioned that children were
17
responsible
for the incident.
When you arrived on site on July
18
22nd, was there access, control access, to this facility?
19
A.
No, there wasn’t because the gate was not locked.
20
0.
Okay.
While on site, did you try to estimate the amount
21
of oil that was released
from the tank battery?
22
A.
I did try to estimate that.
I had asked Mr. Prior from
23
what tank this was released,
and he said the gun barrel.
24
Q.
And what is a gun barrel generally?
81
Keefe Reporting Company
1
A.
A gun barrel is a tank where the crude oil comes in from
2
a flow line, and it separates
the salt water from the crude oil
3
in two separate tanks.
So since oil floats on water, since this
4
was releasing
from the bottom, there would have been salt water
5
on the bottom of the containment berm along with crude oil.
6
03.
Okay.
And so getting back to estimate,
Mr. Prior told
7
you how much capacity the gun barrel had; is that right?
B
A. Yes. He said it was 210 barrels, and he said it
9 contained a stock of 59 barrels and 28 barrels remained in the
10
tank, so that left 31 barrels
to be released to Fulton creek.
11
0.
Okay.
Let’s turn to your observations
while you were on
12
site.
Beginning in the area of the containment site,
can you
13
tell me generally what sort of purpose a containment dike is?
14
A.
A containment dike, or what the Mines and Minerals or
15
the oil producers call, that a fire wall.
16
0.
Okay.
17
A.
What it does, it contains
——
it’s supposed to contain
18
one and—a—half times the largest
tank capacity.
So in case there
19
is a release from the tank, it’s contained within the tank
20
battery.
21
0.
And turning to the containment dike on site, did you
22
observe any crude oil within that structure?
23
A.
There was crude oil within the containment berm.
24
03.
If I could direct your attention
to Photograph No. 3
82
Keefe Reporting Company
1
from July 22nd, are you there Ms. Cahnovsky?
2
A.
Yes.
3
03.
What does that photograph show?
4
A.
It shows the ball valve that was opened, and it also
S
shows crude oil in the containment berm.
6
0.
Now which structure
is the ball valve that you’re
7 referring to?
8
A.
The yellow handle is the valve.
9
0.
Okay.
If I could direct your attention
to Photograph
10
No. 7, what does that show, from the same date it?
11
A.
Shows crude oil within the containment berm.
12
0.
And Photograph No. 8?
13
A.
It also shows crude oil in the containment berm.
14
0.
I think you mentioned that the report was that the crude
15
oil drained to Fulton Creek; is that correct?
16
A.
I don’t know if lENA report stated it drained to Fulton
17
Creek, but it did say there was a release.
18
0.
Did you observe
——
Can you tell me about the drainage
19
that you observed on site?
20
A.
Yes.
There’s a couple photographs
that
——
number 9 and
21
10 show a site picture right outside the tank battery.
You can
22
see in Photograph No. 9 that the grass is stained with oil, and
23
on number 10 the grass is also again stained with oil with new
24
rock outside the containment berm.
83
Keefe Reporting company
1
0.
Turning to Photograph No. 11 and 12, where are those
2
taken?
3
A. These are taken in town in Wamac. This one number 12 is
4
by the bridge,
and number 11 is also in town.
That one was taken
5
in Fulton Creek.
6
0.
Approximately how far downstream would you estimate that
7
these are from the release points?
B
A.
For sure within a quarter mile.
These are in town.
9
0.
And in terms of these photographs,
can you tell me a bit
10
what they depict?
11
A.
Yes, there’s
crude oil in Photograph No. 11 and 12.
You
12
can see heavy crude oil in number 12 and you can see the crude
13
oil residue on top of the water on 11 and 12.
That’s why the
14
water is discolored
to a brownish yellow.
15
0.
And turning to Photograph No. 13 of July 22nd, what does
16
that depict?
17
A.
That’s crude oil with some straw that he put into the
18
waterway.
19
03.
Is this further downstream from Photographs No. 11 and
20
12?
21
A.
Yes.
22
03.
Let me just back up for a minute.
Did you see any
23
containment operation taking place at the release point?
24
A.
What do you mean by containment?
The tank battery or in
84
Keefe Reporting Company
1
the water?
2
0.
In the water.
3
A.
In the water there was none at the release point.
There
4
was, like I said earlier,
two locations
that
——
where straw bales
S
were deployed at intersections,
at bridge intersections,
in
6
Fuiton Creek.
7
0.
And again, that was further downstream?
8
A.
Yes.
9
0.
Okay.
Would you expect to see containment operations
at
10
the release point in the water when it first entered the water?
11
A.
Yes.
There was
——
A containment
should have been done
12
at the containment spot, but the focus was to contain it more
13
downstream because there had been rainfall
the night before that
14
had migrated it down further.
iS
0.
I think before we had an extensive conversation
of a
16
straw dam and whether or not they are effective
in a high flowing
17
body of water, would you typically
or expect to see any sort of
18
support of the straw dams and make them more effective?
19
A.
I told Mr. Prior that they weren’t working very well,
20
that they weren’t effective.
He suggested that because of the
21
bulk of the crude oil was migrating around the straw bales along
22
the bridges,
and he suggested using chicken wire, so I told him
23
to use chicken wire.
24
0.
Have you ever seen that done before?
85
Keefe Reporting company
1
A.
Honestly straw bales aren’t used very often.
Most
2
people use absorbant boom and river absorbant and siphon dams as
3
well.
4
0.
When you say siphon dams, what do you mean by that?
5
A.
Well, siphon dams are put in waterways that have some
6
water movement.
And what they do is they are constructed
of soil
7
and they put a pcv
pipe at least 2 to 3 feet long and they put it
8 on an angle so the water below it will migrate through on the
9
other side of the damn, and the oil will be collected
on one side
10
so they can recover the oil on top of the water.
11
0.
Okay.
Did you see such a dam in this siphon in this
12
instance?
13
A.
I
——
I did not see a siphon dam being used.
14
0.
And would you have expected to see a siphon dam such at
15
a release like this?
16
A.
Yes.
It could have been more difficult
in Fulton Creek,
17
but it could have been used in town at the drainageway.
18
Q.
While you were on site,
did you see any recovery
19
operations
taking place?
20
A.
No.
I told Mr. Prior to use the recovery truck when I
21
was there.
22
0~
Did you have any other conversations
with Mr. Prior in
23
terms of what was expected of him for containment and/or
24
recovery?
86
Keefe Reporting Company
1
A.
Well, I told him that he needed to use
——
that I had
2
some absorbant booms with me. And if he would pay the cost of
3
replacing
them to the IEPA, that I would give them to him because
4
he said he did not have them.
S
0~
Do you know if the Illinois
EPA was ever reimbursed
6
their cost for the absorbant boom?
7
A.
To my knowledge they haven’t.
8
03.
And I apologize if I asked this before,
were there
9
workers on site anywhere?
10
A.
Initially
I did not see any workers.
11
0.
Okay.
After that, did workers arrive on site?
12
A.
Later in the day I did see a couple of workers in the
13
creek because I recommended that he have workers working with
14
hand tools deploying the booms, which he did not do the work
iS
himself.
He had his staff do it.
Deploy the absorbant booms
16
that I gave him and work on the chicken wire with the straw
17
bales, and I told him later to use a recovery truck.
18
0.
Based
——
based on your experience,
how many workers do
19
you think should have been on site?
Was this a sufficient
amount
20
or should there have been more?
2i
A.
This was more of a medium size release.
22
0~
Okay.
23
A.
So at least for
a
spill this size, I would say two
24
recovery trucks would have been good and enough staff,
at least
87
Keefe Reporting Company
1
two to four workers, in the creek with hand tools.
A leaf blower
2
is used a lot of times to push the oil on top of the water to the
3
recovery point on downstream, and they use shovels to smash the
4
water off the bank instead of using a pressure
--
a water
S
pressure device to spray wash the
——
the creek.
So that’s what
6
was used.
7
0.
Is that what you would have expected to be used?
8
A.
Uh-huh.
9
0. But did you see it in this instance?
10
A.
I saw the hand tools being used later in the day.
11
0.
Okay.
12
A.
But I did not see a pressure washer,
a
leaf blower or
13
recovery truck initially
being used.
14
0.
If I could direct your attention
to Photograph 0 and 1
15
dated July 22nd, 1997, where are those taken?
16
A.
Those are taken downstream.
And the other photographs,
17
they’re still
in town.
There is straw there, and you can see the
18
bridge post on number 1. Those were at the bridge intersections.
19
You can see crude oil because the river
——
or the creek had come
20
up because of the rainfall,
and the crude oil is on the
2i
vegetation
on both photographs.
22
0.
While you were on site, Mrs. Cahnovsky, were you
23
informed of children playing in Fulton Creek near Wabash Avenue?
24
A.
I was.
A resident had told me that information.
88
Keefe Reporting Company
1
0. Okay. Did you then go to this location and make any
2
observations?
3
A.
If did.
I saw the children
playing on Wabash Avenue
4
underneath
the
——
in
——
in Fulton creek under the bridge.
5
Q.
Was there an oil residue in the creek at that location?
6
A.
Yes.
7
0.
Okay.
If I could direct your attention
to Photographs
8
No. 4 and 5 of July 22nd, 1997, what do those show?
9
A.
They show the children in the creek.
10
0.
Okay.
What did you tell the children to do?
11
A.
I told the children to go home and clean up.
12
0.
After you observed children in the creek, did you go and
13
discuss your observations
with Mr. Prior?
14
A.
I talked to Mr. Prior and told him that there were nine
15
children in Fulton Creek.
16
0.
And what was Mr. Prior’s response?
17
A.
He told me only nine children.
18
0.
After observing the children in the oil and discussing
19
the matter with Mr. Prior, did you then leave the site?
20
A.
I did.
I followed Fulton Creek outside of town.
I
21
think it was to Persimmon, Persimmon Road.
22
0.
And what did you observe along the way?
23
A.
There was crude oil along Fuiton creek.
My Photographs
24
No. 6 and 7, show outside of town about a half mile.
It was
89
Keefe Reporting Company
1
crude oil in
——
in the wooded debris,
and along
——
there’s
——
in
2
number 6 you can see there’s crude oil collected
up behind the
3
log that’s laying in the creek.
4
0.
Approximately how many miles were you downstream from
5
the release point at that time?
6
A.
About a half mile.
7
0.
And how far did you notice that the oil traveled down
8
stream in Fulton Creek and Sewer Creek?
9
A.
I went down and noticed pockets of oil and scum to about
10
two to three miles.
11
0.
Downstream to the release point?
12
A.
Yes.
13
0.
Do you have an environmental
opinion concerning your
14
observations
of July 22nd?
15
A.
Yes.
There was impact to the surface water, the soil,
16
air quality,
and to the fish, aquatic life, vegetation
and biota
17
in the stream.
18
03.
Do you have any concerns about the remediation
efforts
19
that you observed on July 22nd?
20
A.
Well, they weren’t adequate.
He seemed to be responding
21
to what I asked him to do eventually,
but it wasn’t very
——
he
22
wasn’t proactive,
and he was moving after several repeated
23
discussions
of what needed to be done.
24
03.
Did you return to the site on July 28th, ‘97?
90
Keefe Reporting Company
1
A.
I did.
2
03.
Okay.
Why did you go back on site?
3
A.
On July 28th there was a call to the office from
4
Collinsviile,
a complaint,
a woman from Wamac, and she said there
5
was crude oil draining by her home in Fulton Creek.
6
0.
What did you observe on site on the 28th?
7
A.
Well, I initially
went back to the tank battery and
B
noticed that the crude oil had been recovered pretty well from
9
the tank battery,
but there was still
soil, oily soil, outside
10
the tank battery;
and the creek was still
impacted in E’ulton
11
creek.
12
Q.
What does an oily soil outside a tank battery indicate
13
to you?
14
A.
Well, he hadn’t worked on in the vegetation.
He hadn’t
15
worked on addressing that.
But I had told him the day before
16
that the focus should be in the creek.
17
0~
When you arrived on July 28th, did you have any problems
18
gaining access to the tank battery?
19
A.
No, I didn’t.
The tank battery is unlocked.
20
03.
Did you continue to have environmental
concerns based on
21
your July 28th site visit?
22
A.
No.
Well, actually
I did have environmental
concerns.
23
I told him again to contain the oil.
I went looking for
24
Mr. Prior because he wasn’t recovering
——
91
Keefe Reporting company
1
03.
Oh-huh.
2
A.
——
in Fulton Creek, and I found him at the Prior
3
Oestreich Number tank battery which is another release we’re
4
going to discuss today.
He was there with several other crew
5
members, and I told him that I was concerned about the crude oil
6
in the creek.
7
0~
Okay.
Did Mr. Prior now state another reason for the
8
cause of this incident?
9
A.
Yes, he did.
He stated that another competitor had
10
sabotaged his two tank batteries;
the one that we were at there
11
at the location,
and also the one at the park.
12
03.
Did you subsequently
conduct a site visit on September
13
11th, 1997?
14
A.
Yes.
15
03.
I’m going to hand you what has previously
been marked
16
People’s Exhibit No. 12 for identification.
I’ll ask you to
17
identify
this document for me.
18
A.
That’s an Inspection
Memo of mine.
19
0.
From your September 11th site visit?
20
A.
Yes.
21
Q.
Did you generate this document according to the same
22
procedures
that we discussed when we were talking about your July
23
site visit?
24
A.
Yes.
92
Keefe Reporting Company
1
Q. Was this Inspection Memo generated in the ordinary
2 course of business activity?
3
A. Yes.
4
0. And did you take photographs while you were on site on
5 September 11th, ‘97?
6
A. Idid.
7
0. And are you generally familiar with the site as it
B appeared on that date?
9
A. Yes.
10
0. And do these photographs fairly and accurately show the
ii site on that date?
12
A. Yes.
13
0.
And again, did you attach a map?
14
A. I don’t think I did. Oh, yes, I did.
15
0. Okay. And what does this map seek to do?
16
A. The map shows the photo locations in town.
17
MS. CARTER: At this time the People move for the admission
18 of People’s 12 into evidence. Did I hand you one?
19
HEARING OFFICER SUDMAN: No.
20
MS. CARTER: Okay.
21
HEARING OFFICER SUDMAN: Do the Respondents have any
22 objection? Hearing none, I will admit People’s Exhibit 12.
23
0. (By Ms. Carter) When you first arrived on the 11th, was
24 the gate locked?
93
Keefe Reporting Company
1
A. No. And my photograph on number 1 shows that the gate
2 was open.
3
Q. What did you observe?
4
A. I observed several inches of crude oil in the
5 containment berm. If you look at the pictures, you can tell that
6 there’s a reflection, and that shows that’s crude oil and not
7 water. Number 2, it shows that I put a stick in the crude oil in
8 the containment berm. It shows about the depth of the water of
9 the crude oil.
10
0. In your opinion, did this crude oil continue to present
11 a threat to the environment?
12
A. It did, because it had been raining. I was concerned
13 about it overbanking the containment berm into the creek again.
14 And by not recovering the crude oil, it could impact the ground
15 water.
16
03. Is there any other source that could have contributed to
17 your observations of July ‘97 in the unnamed drainage way in
18 Fulton creek and Sewer Creek?
19
A. No, I did not see any upgraded impact into the creek,
20 and he was the only person that had reported a release to the
21 EPA.
22
03. Mrs. Cahnovsky, what kind of records does ERU regularly
23 generate and maintain concerning Notices of Violation to a
24 responsible party?
94
Keefe Reporting Company
1
A. Violation Notice.
2
0. Okay. I’m going to hand you what has previously been
3 marked as People’s Exhibit No. 13 and People’s Exhibit No. 14 for
4 identification. If you could identify these two documents for me
5 and tell me which document you’re referring to for
6 identification?
7
A. Well, these are both Violation Notices. One was sent
8 registered mail, and the other one was hand delivered. They were
9 seven months apart. And I believe the reason why the second one
10 was sent out to Mr. Prior was
——
is that he did not accept the
11 first one.
12
0. So the first one is the one that says certified mail,
13 People’s Exhibit 13?
14
A. Yes.
15
0. Okay. And then the People’s Exhibit 14, sent
——
it was
16 sent via hand delivery?
17
A. Right.
18
0. Okay. Do you typically make some sort of recommendation
19 for a Violation Notice?
20
A. I do give a suggestion to management.
21
Q. And based on that suggestion, management will make a
22 decision on whether or not a VN is being sent?
23
A. Yes.
24
03. Are these Violation Notices regularly generated by the
95
Keefe Reporting Company
1 Illinois EPA?
2
A. Yes.
3
03.
And did you receive copies of these VNs that were either
4 hand delivered or mailed to Mr. Prior?
5
A. Idid.
6
03. And once the violation Notice letter has been sent, do
7 you typically participate in any subsequent VN meetings with the
8 violator?
9
A. I’m usually there.
10
Q. And this Violation Notice letter, was it generated in
11 the ordinary course of regularly conducted business activity?
12
A. Yes.
13
MS. CARTER: At this time People ask for the admission of
14 People’s 13 and People’s 14.
15
HEARING OFFICER SUDMAN: Does the Respondent have any
16 objection? Hearing none, I will admit People’s 13 and 14.
17
0. (By Ms. Carter) Did the Illinois EPA receive a response
18 from Prior to either Violation Notice?
19
A. I believe we received a response after a Violation
20 Notice meeting that was held in Springfield. I believe that was
21 sent in ‘99.
22
0. Okay. Mr. Prior’s response was sent in ‘99?
23
A. Yes.
24
0. And did Mr. Prior commit to performing any measures in
96
Keefe Reporting Company
1 his response?
2
A. Yes, his response was short. It just basically stated
3 that he would take soil samples, and it would be, I guess, used
4 in the work plan and soil sampling plan would be taken from the
5 Mezo—Prior site.
6
0. Okay. Are you familiar with the
——
whether a Notice of
7 Intent to Pursue Legal Action letter was sent to Mr. Prior for
8 the violation?
9
A. I believe a letter was sent to him.
10
Q. Okay. Did you participate in any NIPLA meetings with
11 Mr. Prior?
12
A. I did not. Tom Powell did.
13
03. Okay. Did the Illinois EPA ultimately receive soil
14 sample
——
soil, excuse me, and sediment results from Prior for
15 this incident?
16
A. Yes.
17
Q. And do you recall approximately when the Illinois EPA
18 received them?
19
A. I think it was 2000.
20
03. Is there something that would assist you in your
21 recollection?
22
A. Yes.
23
03. What is that?
24
A. The Site Investigation Plan. Yes, this is the Surface
97
Keefe Reporting Company
1 Investigation Plan that was dated October 10th, 2000, and it was
2 prepared by Hopper Environmental.
3
0. Okay. Thank you. Based on this report, Mrs. Cahnovsky,
4 did the Illinois EPA ultimately determine that no further action
5 was required on site?
6
A. Yes.
7
0. Okay. Switch gears on you, okay. Are you generally
B familiar with the
——
a facility consisting of several
9 above—ground tank batteries used to store oil, and it includes
10 the Mezo—Oestreich site, and it’s located at 224 Wabash in Wamac,
11 Illinois?
12
A. Yes.
13
03. And how are you generally familiar with the site?
14
A. We received an IEMA report for that one as well, and I
15 conducted a site visit. I believe it was on July 1st of ‘97.
16
03. Are you generally
——
I apologize.
17
A. Of 1997.
18
0. Are you generally familiar who operated this site in
19 1997?
20
A. Yes, John Prior operated the site.
21
0. Okay. Do you recall on approximately how many occasions
22 you’ve been out there?
23
A. Three.
24
0. Okay. I’m going to hand you what’s previously been
98
Keefe Reporting Company
6
A. I was.
7
0. Okay. And you said it was Tom Powell’s Inspection Memo?
B
A. Yes.
0. Who is Tom Powell?
A. He is another emergency responder out of the
Collinsville Field Office.
03. And did Mr. Powell accompany you then?
A. On July 1st he did.
0. After that site visit, did yOu return to the site?
15
A. Yes, I did.
16
03. And does that include the July 22nd
——
17
A. Yes.
0.
——
site visit?
Yes.
I’m going to hand you what has previously been marked
16 for identification. If you can identify this
for me.
A. This is my Inspection Memo.
0. And did you generate this Inspection Memo in accordance
1 marked as People
2 to identify this
3
A. This is
4
03. Okay
5 check and see
‘s Exhibit No. 15 for identification, and ask you
document for me.
Tom Powell’s Inspection Memo.
I may have handed you the wrong document. Let me
Were you on site on July 1st, ‘97?
9
10
11
12
13
14
18
19
20
21
22
23
24
A.
0.
People’s
document
99
Keefe Reporting Company
1 with the procedures that we discussed earlier?
2
A. Yes.
3
0. Okay. And did you take photographs on this date?
4
A. I did not
--
I did on the 22nd. I didn’t I believe
--
5 Yes, I did.
6
0. Did you on the 22nd?
7
A. Oh—huh. And I did also on the 28th.
8
0. Does this Inspection Memo document both your inspections
9 on the 22nd and 28th?
10
A. Yes.
11
0. And you said you took photographs out there on the 22nd,
12 are you generally familiar with the site as it appeared on July
13 22nd, ‘97?
14
A. Yes.
15
0. And do these photographs fairly and accurately show the
16 condition of the site on the 22nd?
17
A. Yes.
18
0. And are you generally familiar with the conditions of
19 the site on July 28th, ‘97?
20
A.
Yes.
21
0. And do these photographs fairly and accurately show the
22
condition of the site on that date?
23
A.
Yes.
24
MS. CARTER:
And at this time the People move for the
100
Keefe Reporting Company
1
admission of People’s 16 into evidence.
2
HEARING OFFICER SUDMAN:
Do the Respondents have any
3
objection?
Hearing none, I will admit People’s 16.
4
0. (By Ms. Carter) What did you observe on the 22nd?
5
A.
There was crude oil and quite a bit of water, it may
6 have been salt water, in the containment battery. There was
7
actually about a foot of it, and there was more liquid in crude
8
oil in there during my site visit on July let.
9
0. Okay. If I could direct your attention to Photograph
10
No. 1 and Photograph No. 2.
Turning first to Photograph No. 1,
11
what does that show?
12
A.
It shows within the containment berm the tank battery,
13
and it shows crude oil and salt water and perhaps some fresh
14
water in there.
15
0. What about Photograph No. 2?
16
A.
It shows the tank battery as well, and it shows that
17
there was some soil berm built—up on the right side of the
18
picture.
19
0.
You said there was soil berm built—up on the right side
20
of the picture?
21
A.
Yeah.
Soil was added to the berm to make it higher to
22
contain the crude oil and salt water.
23
0.
Had that happened since your July visit,
July 1st, ‘97,
24
visit?
101
Keefe Reporting Company
1
A.
Yes.
2
03.
Okay.
If I could scratch that.
While you were on site,
3
did you notice whether the soil outside of the berm was still
4
oily?
5
A.
Yeah, the soil outside of the berm was quite oily right
6
outside of the berm, and along into the woods and into the
7
drainageway.
8
0.
What did that indicate to you?
9
A.
Well, he had not tilled
it up or applied lime or
10
anything at that time.
11
0.
In your opinion, did the conditions
of the site on July
12
22nd continue to pose a threat to the environment?
13
A.
Yes, they did.
I would say that there was still
a
14
surface water impact due to the oily soil, potential
impact also
15
from the containment berm considering
there was
a
foot of liquid
16
inside a containment berm, although it was built—up.
My concern
17
also within the containment berm was potential
impact to the
18
ground water, if it migrated,
if it stayed in the containment
19
berm, and I
——
there was offensive
——
and off—site there was
20
offensive conditions
in the creek.
21
0.
Okay.
What do you mean by that?
22
A.
There was visible
crude oil within the creek that was
23
not supposed to have been there.
24
0.
Did you observe any remediation avenue taking place on
102
Keefe Reporting Company
1
the 22nd of July?
2
A.
No.
3
0~
Did you
--
You mentioned before you conducted an
4
inspection
on July 28th?
5
A.
Yes.
I stopped by this tank battery to discuss the park
6
incident,
and I found Mr. Prior here, because I was looking for
7
him.
And we discussed,
like I had said earlier,
there was
8
another reason why the spill occurred and that was due to
9
competitor sabotage at his tank batteries.
10
03.
Okay.
11
A.
I also told him that I observed that the tank battery
12
valve was leaking liquids into the containment berm in that
13
Photograph No. 20
——
on number 12 shows that.
14
0.
Oh, from the July 28th date?
15
A.
Yes.
16
0.
Did you discuss with him it was leaking?
17
A.
I did discuss that it was leaking with him, and he tried
18
to tighten up the valve, and it still continued to leak.
19
03.
Did Mr. Prior make any comment about the valve that was
20
leaking oil?
21
A.
Yes, he said that
——
Initially
I had thought this was a
22
-—
not a Mines and Mineral approved valve, but he said it was,
23
but he would replace it.
24
0~
What does Photograph No. 1 depict of July 28th?
103
Keefe Reporting Company
1
A.
Of July 22nd?
2
0.
Oh,
mine says July 28th.
3
HEARING OFFICER SUDMAN:
There is two number ls.
4
A.
Okay.
5
HEARING OFFICER SUDMAN:
The first
one is July 22nd, and
6
the next page is July 28th.
7
A.
Yeah, within the containment berm there is a pit with
8
crude oil in
——
in it.
9
0.
(By Ms. Carter)
A pit with crude oil in it?
10
A.
Yeah, you can see a little
crude oil in this pit in the
11
containment
berm.
12
0.
Okay.
Did this pose a threat to the environment?
13
A.
Yes, it did.
It posed a threat to ground water.
And
14
potentially
if this wasn’t recovered out, it could overtop the
15
containment berm.
16
0.
Was there any other source that could have contributed
17
to your observations
in July ‘97 at the Mezo—Oestreich No. 1
18
site?
19
A.
I did not see any of
——
location
upstream or downstream
20
in the creek that would have posed another threat.
21
0.
Are you generally familiar with the Morgan Kalber Kamp
22
No. 1?
23
A.
Let me correct myself.
24
03.
Yes.
104
Keefe Reporting Company
1
A.
The other
——
July 28th, I went there because of the
2
other incident.
Downstream in Fulton Creek there was an
3 impact
——
4
0.
Okay.
5
A.
——
and this one impacted basically
the same location as
6
the other one in Fulton Creek in town.
7
0.
Are you talking about the park incident,
the other
8
incident?
9
A.
Yes.
10
0.
Okay, okay.
Moving on then, are you familiar with the
11
Morgan Kaiber tank that’s located near 312 Wabash in Wamac,
12
Illinois?
13
A. Yes.
14
0.
How are you familiar
with this site?
15
A.
I conducted
a
couple site visits
and also received a
16
call from Alan Whitler of
a
small crude oil spill in Fulton
17
Creek.
18
03.
Did you receive a report from IEPA?
19
A.
Yes.
20
0.
Do you recall on the report who reported the incident to
21
IEMA?
22
A.
I believe it was John Prior.
I don’t recall offhand.
23
03.
Is there anything that would assist you in refreshing
24
your recollection?
105
Keefe Reporting Company
1
A.
Yes, the IEMA report.
2
0.
Okay.
3
A.
John Prior did call this in to lENA.
4
0.
Okay.
And what was designated as the cause of the
5
release?
6
A.
Now are where talking about the Mezo or Kalber Kamp?
7
Q.
We’re talking about
——
Is that for the Kaiber Kamp that
8
I just handed you?
9
A.
This is for the first one.
10
0.
Did I mess it up?
11
A.
This is 13, 14.
12
0.
Let me make sure.
Excuse me.
13
A.
That one is for the park incident.
14
0.
This one I just handed you, Mrs. Cahnovsky, you said was
15
for the park incident?
16
A.
Yes, 13, 14 for the park incident.
The third incident
17
was a one and—a—half berm.
18
MS. CARTER:
Ms. Hearing officer,
can I have a two-minute
19
break to search for documents?
20
HEARING OFFICER SUDMAN:
Sure.
We’ll take a break.
21
(A short break was taken.)
22
HEARING OFFICER SUDMAN:
Go back on the record now.
23
MS. CARTER:
Okay.
Thank you.
24
0.
(By Ms. Carter)
Mrs. cahnovsky, now, I’m going to hand
106
Keefe Reporting Company
1
you what has been previously marked as People’s Exhibit No. 17
2
for identification.
If you can identify this document for me.
3
A.
This is my Inspection
Memo.
4
03.
Okay.
And was this Inspection
Memo generated in
5
accordance with the procedures that we discussed earlier?
6
A.
Yes.
7
0.
Okay.
And was it made at or near the event?
8
A.
Yes.
9
0.
Generated in the ordinary course of business activity?
10
A.
Yes.
11
MS. CARTER:
At this time People move for the admission of
12
People’s 17 into evidence.
13
HEARING OFFICER SUDMAN:
Do the Respondents have any
14
objection?
Hearing none, I will admit People’s Exhibit 17.
15
0.
(By Ms. Carter)
Where is this tank located?
16
A.
This tank low
——
is located near Wabash Street near a
17
residence
at 112 in Wamac.
18
0.
Are you familiar who operated the tank in July of 2000?
19
A.
John Prior.
20
0.
It says here you were on site on July 19th; is that
21
correct?
22
A.
Yes.
23
0.
What did you observe on this date?
24
A.
There was
——
I was
——
There was approximately
three
107
Keefe Reporting Company
1
barrels of crude oil.
Alan Whitler had reported three barrels of
2
crude oil, and John Prior had reported a barrel and—a—half, so
3
it’s in the ballpark there, crude oil that impacted Fulton Creek.
4
He had told me that the cause was vandalism.
5
0.
Okay.
Did Mr. Prior tell you anything else?
What that
6
the expense
——
7
A.
He told me to speak to Irma Smith who was a resident,
8
and I did speak to her and she said she saw the tank battery cap
9
on the floor of the tank battery.
10
0.
Was access controlled
to this site?
11
A.
No, there was not a fence.
12
Q.
Okay.
You mentioned before that you observed impact in
13
the creek, did you observe any oil along the creek banks?
14
A.
Yes.
15
0.
Okay.
Did you notice any efforts
at straw containment?
16
A.
Well, there wasn’t a location for really containment.
17
What they were doing was putting straw on top of the water.
The
18
impacted area was about 300 feet so it wasn’t as far as the other
19
two spills.
And there was crude oil in the creek, and I believe
20
there was a worker or two at the site.
21
0.
Was the straw containment oily?
22
A.
I believe the top of
——
What I saw from my photographs
23
is that the oil had collected
on the bottom of it, but from the
24
photographs,
I don’t think you’ll be able to see that there’s oil
108
Keefe Reporting Company
1
on the straw.
2
0.
Does the oily straw show any purpose of containment.
3
A.
Well, it’s to collect oil in the creek.
4
0~
Does it actually work when it’s oily?
5
A.
Not when it’s oily.
6
0~
And did you observe any recovery operation on site?
7
A.
I believe there was a truck, recovery truck, on site but
8
I don’t believe it was operational.
9
0.
In your opinion, did this crude oil pose a threat to the
10
environment?
11
A.
It did to the
——
to the water, to the surface water.
It
12
was a surface water, surface water hazard.
It was offensive
13
conditions
from the crude oil in the creek and onto the soil.
14
0.
Did you have any concerns about the remediation
efforts,
15
or lack thereof,
on July 19th?
16
A.
Yes, I did tell him to continue working on this.
This
17
was in a residential
area.
There was homes nearby.
We had
18
received a call from the Collinsvilie
office from a person who
19
owned the property,
and he was concerned about getting the crude
20
oil, removing the crude oil.
21
03.
I’m going to hand you what has been previously been
22
marked People’s Exhibit 18 for identification.
I will ask you to
23
identify
this document for me.
But did you conduct a subsequent
24
inspection
on site at Morgan Kalber Kamp on July 24th?
109
Keefe Reporting Company
1
A.
Yes.
2
03.
Can you identify
this for me?
3
A.
This is my Inspection
Memo with photographs.
4
03.
And was this Inspection
Memo done under your procedures
5
as we discussed earlier?
6
A.
Yes.
7
0. Was it generated at or near the time the events are
8
observed?
9
A.
Yes.
10
03. And was it generated in the ordinary course of business
11
activity?
12
A.
Yes.
13
0.
I see that you
took
photographs on July 24th, are you
14
familiar with the conditions
on the site on this date?
15
A.
Yes.
16
0.
And do these photos fairly depict the site on July 2000?
17
A.
They do.
18
MS. CARTER: At this time People ask for the admission of
19
People’s 18.
20
HEARING OFFICER SUDMAN:
Do the Respondents have any
21
objection?
Hearing none, I will admit People’s Exhibit 18.
22
0.
(By Ms. Carter)
What did you observe on July 24th?
23
A. There was pockets of crude oil still in the creek. This
24
photograph doesn’t depict it quite as my original but you can see
110
Keefe Reporting Company
1
them.
2
0. And are you referring to Photograph No. 5?
3
A.
Five and six.
4
0.
Let’s turn to Photograph No. 5.
Where do you observe
B the pockets of crude oil in that photograph?
6
A.
You can see them.
This is a shaded area and that’s why
7
it’s a little
bit difficult
to see.
But you
can
see in through
8
where it looked yellow, there’s pockets of black crude oil in the
9
middle of those shaded tan areas, and you can see straw at the
10
bottom of the photograph with a broom that I’m assuming that he
11
used on the banks of the creek.
12
0. Can you tell from this photograph whether the bank was
13
still oily?
14
A.
Yeah, they are a little
oily.
You can see it probably
15
up 6 inches to a foot.
16
0.
Do you have an environmental
concern based on your
17
observations
on this date?
18
A.
Yes.
He still
needed to remove the crude oil from the
19
creek.
I was concerned about the aquatic life downstream and
20
that it would impact Sewer Creek along with the three spills.
It
21
had offensive
conditions with the crude oil in the creek.
The
22
water hazard in the water impact, water pollution.
23
03. And the creek we’re referring to this incident is the
24
Fulton Creek again; correct?
111
Keefe Reporting Company
1
A.
Yes.
2
0.
And is that the same creek that we were referring
to in
3 the other two instances as well?
4
A.
Yes.
5
03.
That’s what I thought.
Did you have any concerns about
6
the remediation efforts,
or lack of them, that you observed on
7
the 24th of July?
8
A.
We discussed removing the straw and putting new straw in
9
and recovering
the crude oil from the creek.
10
03.
Based on the size of this release?
11
A.
This size is not as serious as the other two, but still
12
an impact to the creek is
——
is a concern.
13
0.
But based on the size of this release,
were remediation
14
efforts
going slowly?
15
A.
Yes, they were going slowly.
Because this spill
16
happened on
——
I was celled about the spill on July 19th of 2000.
17
0.
And this was the 24th which is five days later?
18
A.
And typically
companies have
——
can have a spill pretty
19
well under control in three days.
20
0.
And was this spill under control on the 24th.
21
A.
No, he was still
working on it.
22
0.
Was there any other source that could have been
23
attributed
to your observations
of July?
24
A.
No.
112
Keefe Reporting Company
1
0.
Why not?
2
A.
Up gradient I did not see any impact, and down gradient
3
I only went to about the location of where the spill ended.
I
4
did not go downstream.
But normally a spill will impact the
5
upstream.
6
0. Are you familiar with what remediation activities after
7
this incident,
after this site visit,
excuse me, have taken place
8
on site?
9
A.
After this incident?
10
0. Let me just strike that question. Are you familiar with
11
whether or not there were any subsequent remedial activities
12
performed at this site after your site visit in July?
13
A.
Well, I was back
——
I spoke to John Prior on the 28th of
14
July, and he told me that he removed the oily straw from the
15
creek on the 26th.
16
0.
Did you engage in any discussions
with any consultants
17
representing
Mr. Prior?
18
A.
Yes, I dealt with Hopper Environmental.
19
0.
Did they ultimately
submit sampling verifying compliance
20
with TACO standards?
21
A.
Yes.
22
03.
Do you recall approximately
when that was?
23
A.
I think that was 2003.
24
0. Would anything assist you in refreshing your
113
Keefe Reporting Company
1
recollection?
2
A.
Yes, the Assessment.
3
0. I’ll have you take a look at this and tell me what the
4
date on that is?
5
A.
This is March 12th, 2003.
And this is a Site Assessment
6
for three clean-ups,
IEPA was going to have do and included this
7
too.
8
0.
And it included the Morgan Kaiber Kamp?
9
A.
Yes.
10
0. And what were the other two incidents that were included
11
in there?
12
A.
The Bureau of Land, the Gomper site and the
13
Mezo-Oestreich.
14
0.
Okay.
15
MS. CARTER:
I have no further questions.
16
HEARING OFFICER SUDMAN:
Okay.
Mr. Prior,
do you have any
17
questions
for Mrs. cahnovsky?
18
MR. PRIOR:
No, ma’am.
19
HEARING OFFICER SUDMAN:
Mr. Mezo?
20
MR. MEZO:
(Shakes head.)
21
HEARING OFFICER SUDMAN:
Okay.
We’ll take about a B or 10
22 minute break.
23
(A short break was taken.)
24
HEARING OFFICER SUDMAN:
Ms. Carter,
you may call your next
114
Keefe Reporting Company
I witness.
2
MS. CARTER:
The People call Tom Powell.
3
TOM POWELL,
4 called as a witness herein, having been first duly sworn,
5
deposeth and saith as follows:
6
DIRECT EXAMINATION
7
QUESTIONS BY MS. CARTER:
8
0. Please state your name.
9
A. Name is Thomas E. Powell.
10
03. And can you tell me about your post—high school
11
education?
12
A.
I have a bachelor’s
degree in earth science from
13
Southern Illinois
University
in Edwardsville,
14
03. When did you obtain that degree?
15
A.
I obtained that degree in 1975.
16
Q. With whom are you currently employed?
17
A.
I’m employed by the Illinois
Environmental
Protection
18
Agency, Emergency Operations
Unit.
19
Q.
What’s your position
with the Illinois
EPA?
20
A.
I’m senior emergency responder with the emergency
21
operations
unit.
I’ve worked for the Agency for over 23 years.
22
The last 20 which has been as an emergency responder
responding
23
to environmental
emergencies
in the southern 41 counties of the
24
state on a 24/7/365 period.
115
Keefe Reporting Company
1
0~
Okay.
Can you tell me about your duties when you
2
respond to an emergency incident?
3
A.
Emergency incidents,
always taking into account of
4
public health and safety, the well—being of the citizens
of
5
Illinois,
as such, responding to environmental
emergencies that
6
would
--
would include, but not be limited to, oil, hazardous
7
materials,
hazardous substances through transportation
incidents,
8
pipeline which it would include pipeline,
commercial carriers,
9
barge, tow and as such, in addition to fixed facility
incidences,
10
again dealing with hazardous materials,
hazardous substance,
11
hazardous waste.
12
0.
And responding to environmental
releases,
do you
13
coordinate your activities
with various State agencies?
14
A.
Yes, ma’am.
We coordinate with local officials:
local
15
fire, police,
law enforcement either on a local level, a county
16
level or a state level, and upon the jurisdiction
where we are
17
working.
18
03.
Do you also review certain technical
submittals
that may
19
be provided to the Illinois
EPA after the incident has occurred?
20
A.
Yes, ma’am.
21
0. And what do those consist of?
22
A.
Consist of
——
those could consist of remediation
reports
23
based upon the correspondence
that is issued from the Illinois
24
EPA to a responsible
party or to a party in which we’re dealing.
116
Keefe Reporting Company
1
Q.
Might it also include sampling plans?
2
A.
Yes, ma’am.
3
Q.
And I think you said you worked in that capacity for
4
approximately
20 years?
5
A.
20 years with the emergency response unit.
Emergency
——
6
emergency operations
unit.
7
Q.
What did you do with the Illinois
EPA prior to that
8
time?
9
A.
Prior to that time I was a RCRA inspector,
pursuant to
10
the RCRA program, Resource Conversation
and Recovery Act that
11
came into being in the early ‘SOs to regulate cradle to grave,
12
the generation of hazardous waste.
13
0.
During the course of your employment as an emergency
14
responder,
approximately
how many inspections
have you conducted?
15
A.
Well, in excess of 1,000 inspections
and site visits.
16
0.
And what about inspections
pertaining
to releases of
17
crude oil and/or brine?
18
A.
Crude oil and produce water well in excess 200.
19
0.
when I say the term brine, what does that mean?
20
A.
Brine means to me in the oil production
through southern
21
Illinois,
crude oil production,
means to be produced water which
22
is typically
very high in chloride content,
depending upon the
23 formation from which the oil and produced water come from.
24
0.
Since you’ve been employed by the Illinois
EPA, have you
117
Keefe Reporting Company
1
had the opportunity
to participate
in training?
2
A.
Yes, ma’am.
As an emergency responder,
there are nine
3
of us in the state of Illinois.
We are all trained to a
4
Technician B level pursuant to OSHA 1910—120 of the OSHA
5
regulations.
As such as a technician,
we receive over 120 hours
6
of training to achieve that position.
Much more than the normal
7
rank and file agency employees would receive.
8
0.
And what might that training
consist of?
9
A.
Training consists of mitigation,
both offensive and
10
defensive posture with hazardous material and hazardous substance
11
releases.
As far as the Technician B training,
again, it’s all
12
geared to first responder.
I’ve also been trained with the
13
Illinois
——
Illinois
Petroleum Resources Board with oil and brine
14
releases.
We have been trained with the OPA 90, OPA standing for
15
the Oil Pollution Act of 1990 which is a federal requirement.
16
We’ve also been trained in various hazardous material instances
17
through USEPA through continuing education courses.
18
0.
Okay.
I’m going to hand you, Mr. Powell, what’s been
19
previously marked People’s Exhibit No. 19 for identification.
If
20
you could identify
this document for me.
21
A.
This is my resume.
22
0.
And does it accurately
reflect
your educational
23
background in an employment history?
24
A.
Yes, ma’am.
118
Keefe Reporting Company
1
0.
Okay.
And is it current through the present?
2
A.
This is about
——
This is a number of years old.
3
0. Okay.
4
A.
But it does reflect my job position
that I have held for
5
a number of years now.
6
0. Okay. So the only changes might be under personnel or
7
something like that?
8
A.
Personnel,
ages of my children.
9
MS. CARTER: At this time People move for the admission of
10
People’s 19 into evidence.
11
HEARING OFFICER SUDMAN:
Do the Respondents have any
12
objection?
Hearing none, I will admit People’s Exhibit 19.
13
0.
(By Ms. Carter)
Are you generally
familiar with the
14
Illinois
Attorney General’s Office case involving John Prior and
15
James Mezo?
16
A.
Yes, ma’am.
17
0.
And how are you familiar
with this case generally
lB
speaking?
19
A.
I’m familiar with the Prior—Mezo site in Wamac,
20
Illinois,
as a result of a response that I conducted there.
21
03.
And when you’re saying the Prior—Mezo site in Wamac, are
22
you referring
to the Oestreich No. 1 site located at
23
approximately
224 Wabash in Wamac?
24
A.
I know it to be the Prior—Mezo Oestreich site.
119
Keefe Reporting Company
1
0.
Okay.
The Oestreich site then, okay.
2
A.
Uh-huh.
3
0. Are you familiar with who operated that site?
4
A.
It is my understanding
that it was operated by Mr. Prior
5
for Mr. Mezo.
6
0.
And approximately
how many occasions have you been to
7
this site?
8
A.
That particular
site I was only at one time being July
9
1st, 1997.
10
0.
Okay.
I’m going to hand you what has previously been
11
marked People’s Exhibit 15 for identification.
If you could
12
identify
this document for me, sir?
13
A.
This is an Inspection
Memorandum that I had generated as
14
a result of the site visit by myself and Cheryl Cahnovsky.
15
0.
Does this Inspection
Memorandum generally
describe your
16
observations
during an inspection?
17
A.
Yes, ma’am.
18
0.
And when do you typically
complete such document?
19
A.
Some time after the site visit has taken place.
20
03.
Once you’ve completed an Inspection
Memorandum, what do
21
you do with it at the Illinois
EPA? Is it filed?
22
A.
Yes, ma’am.
The original
goes to our Bureau files or
23
the headquarter
file, which is located in Springfield,
Illinois.
24
0. And this Inspection Memorandum, was it generated in the
120
Keefe Reporting Company
1
ordinary course of business activity?
2
A.
Yes, ma’am.
3
Q.
Did you take photographs while you were out there?
4
A.
Yes, ma’am.
Myself and Mrs. Cahnovsky also took
5
photographs during this visit.
6
Q.
Okay.
And are you familiar with the site as it appeared
7
on July 1st, ‘97?
8
A.
Yes,
ma’am.
9
0. Okay. These photographs fairly and accurately show this
10
site on this date?
11
A.
Yes, ma’am.
12
0.
Did you also attach some maps to this document?
13
A.
Yes, ma’am.
14
0.
What purpose do the maps serve?
15
A.
The maps were
——
I use the maps to refresh my memory and
16
to depict the location of the photographs that we had taken as
17
well as the actual site where the release took place.
18
03.
So do the numbers on the photograph correspond with the
19
numbers on the map that you’ve drawn?
20
A.
Generally speaking,
yes.
21
0~
Okay.
And will these maps assist you in describing
your
22
observations
on July 1st?
23
A.
Yes.
24
MS. CARTER:
At this time the People move for the admission
121
Keefe Reporting Company
1
of People’s Exhibit 15.
I don’t think I handed you this one.
2
HEARING OFFICER SUDMAN:
No.
Do the Respondents have any
3 objection? Hearing none, I will admit People’s Exhibit 15.
4
03.
(By Ms. Carter)
Why were you on site July 1st?
5
A.
We were on site July 1st as a result of a
6 Notification 1 the day before to my regional office to the Bureau
7
of Water Pollution,
and as well as a notification
of the release
8
by Mr. Prior to IEMA.
9
03.
And did anybody accompany you on site on July 1st?
10
A.
Yes, Cheryl Kelly at that time, Cheryl Cahnovsky.
11
0.
And did anybody meet you on site?
12
A.
On site we had previously met earlier while we were
13
inspecting and observing the downstream oiled condition of Fulton
14
Branch Creek.
We met Alan Whitler and Larry Bengal and an
15
unknown attorney with the Illinois
Department of Natural
16
Resources.
17
0.
You said Larry Bengal, who is Mr. Bengal?
18
A.
Larry Bengal is, I believe,
the manager of the Illinois
19
——
the Mines and Minerals portion of the lilinois
Department of
20
Natural Resources.
21
0.
Are you aware whether a significant
thunderstorm
22
occurred in the evening prior to your site visit?
23
A.
Pursuant to conversation
with Alan Whitler, Mr. Whitler
24
indicated
there was a shower, thunderstorm as your words,
122
Keefe Reporting Company
1
thunderstorm afternoon or evening of June 30th.
2
0.
Can you just generally describe the tank battery
3
production area of the site?
4
A.
Okay.
The tank battery production
area appeared to
5
consist of three approximately
200 barrel tanks also with a gun
6
barrel.
Gun barrel is a slang term for an oil water separator.
7
At this location there were, as I say, three approximately
200
8
barrel tanks.
And also during my
——
our visit of this day, we
9
observed a small bobcat type end loader also at the location.
10
however, the bobcat was not being operated at that time.
It was
11
pretty much parked.
12
0.
Okay.
If I could direct your attention
to Photograph
13
No. 1, what does that show? Maybe if I could actually point to
14
you one, two and three if you could describe those generally?
15
A.
Okay.
Photograph 1 is an access road, or sometimes
16
known as a lease road, that leads up to a tank battery or a oil
17
well.
This particular
area is
——
this particular
photograph
18
depicts the access road.
It also depicts some oil staining in
19
the foreground.
It also depicts,
appears to be fresh soil that
20
was deposited on the fire wail or the berms of this tank battery.
21
I can
——
it appears to be fresh because of the green vegetation
22
that appears on the inside of the berm.
But on the exterior of
23
the berm, there appears to be more
——
more freshly disturbed
soil
24
that is not green with summer foliage which one would typically
123
Keefe Reporting Company
1
expect.
2
Q.
I apologize.
But does that indicate to you that that
3
berm had recently been built—up?
4
A.
It depicts some activity,
earth moving activity
had
5
probably taken place with this.
It’s depicted
a
little
better on
6
Photograph 3 wherein the foreground or on the right side of the
7
photograph you
can
see the berm that is lush with green
8
vegetation,
but in the back of the photograph you can see the
9 aforementioned bobcat type end loader and some freshly disturbed
10
soil on that, which I believe be the northern portion of that
11
tank battery.
12
03.
Mr. Powell, did you observe, while you were on site,
the
13
flow of any material from this tank berm area?
14
A.
I saw past, past evidences of flows from this tank
15
battery.
Two locations,
again, referencing
Photograph 1 behind
16
the red SUV, you can see there’s some oil staining
on the lease
17
road.
General gradient direction
towards the west where we had
18
drainage to the intermittent
drainageway of Fulton Branch Creek.
19
Likewise,
on Photograph No. 5, again which is a picture of the
20
aforementioned
bobcat, you can see some oil staining
on the soil
21
heading in the direction of the woods.
You can also depict some
22
bags of what, I believe,
to be some peat moss and perhaps some
23 straw material which is more difficult to see, but again visible
24
in Photograph 5.
124
Keefe Reporting Company
1
03. In Photograph No. 5?
2
A.
Ph-huh.
3
03. What’s the significance of the peat moss?
4
A. Peat moss is used sometimes on very light spills to try
5
to use as to tie up or bind up the oil as an absorbant.
I was
6
going to say typically
we see this on very, very light spills
7
where we would have perhaps some
——
just some rainbow or sheen in
B
a waterway or some very, very light oiling of some soil.
9
03.
In what direction
did the material
flow?
10
A.
From the tank battery it flowed generally
——
depicted on
11
Photograph 1, generally
flowed to the west to the wooded area,
12
likewise on photograph 5 to the northwest into an unnamed
13
intermittent
drainageway that is tributary
to Fulton Branch
14
creek.
15
03.
Did you notice any collection
activities
at this point
16
where it entered the unnamed intermittent
tributary
Fulton Branch
17
Creek?
Did I get that right?
18
A.
Yes.
19
0.
Did you notice any recovery at that point?
Did you
20
notice any containment
at that point?
21
A.
No, ma’am, other than
——
other than a couple straw
22
bales.
23
0.
what about further downstream?
24
A.
Within the unnamed tributary,
or in Fulton Branch Creek?
125
Keefe Reporting Company
1
0.
Let’s do the tributary
first.
2
A.
No, ma’am.
Other than with the placement of some straw
3
bales in and around the aforementioned
tributary.
4
0.
Would you have expected to observe any containment or
5
recovery taking place in that tributary?
6
A.
Yes, ma’am.
There were oiled soils,
there were oiled
7
pockets of water, pool ponded water that could have utilized
8
either an absorbant boom or a siphon or underflow dam.
9
0.
When you use the term underflow dam and siphon dam, are
10
those terms interchangeable?
11
A.
Yes, ma’am.
12
Q.
What about further downstream in Fulton Creek?
13
A. Fulton Creek was depicted by some photographs taken by
14
myself and Mrs. Cahnovsky.
In Photograph No. 8 and 9, which I
15
had taken, they were approximately
two miles away from the spill
16
site and they depict heavy accumulation of crude oil that is
17
certainly
recoverable.
18
0.
Okay.
You mentioned that it was certainly
recoverable,
19
did that straw serve any purpose when it was heavily oiled?
20
A.
The straw serves no purpose once it’s heavily oiled.
21
All it will do is leach crude oil constituents
from its
——
from
22
the straw itself.
23
Q. And you’re noticing that in Photograph No. 8? What
24
about Photograph No. 9?
126
Keefe Reporting Company
I
A.
Likewise.
You can see straw bales that have been broken
2
apart.
Someone had placed some straw in
——
again, these pictures
3
were taken from Fulton Branch Creek.
It was apparent that
4
someone had spread some
-—
some straw or straw type material
in
5
the creek.
But generally speaking, the straw is used in this
6
instance as a type of containment only successful
when vacuum
7
trucks or mechanical recovery is also taking place in conjunction
8
with placement of the bales.
9
03. Did you see any vacuum trucks or any recovery anywhere
10
at Fulton Creek?
11
A.
On July 1st I saw absolutely no recovery at any
12
location.
13
03.
And you would expect to see recovery operation
in a
14
spill such as this?
15
A.
Yes, ma’am.
Yes, ma’am.
16
0.
Now in terms of oil staining
on the sidewalls
of Fulton
17
Creek, did you make observations
of that?
18
A.
Yes, ma’am.
19
Q.
Approximately
how far downstream on Fuiton Creek
20
sidewalls?
21
A.
Okay.
There were, as referenced
before, there was some
22
rain showers and/or thunderstorms
the evening before.
There were
23
some sidewall staining,
excuse me, on bridges and concrete
24
apparatus associated
with the bridges and the drainageway there
127
Keefe Reporting Company
I in Wamac. In speaking with Alan, which is the letter he
2
acknowledged there was visible
oil within Sewer Creek, some over
3
——
some two and-a—half miles away from the particular
tank
4 battery.
5
0.
What does Photograph No. 10 depict?
6
A.
Photograph No. 10 depicts oil that is floating
7
downstream.
You can see it tied to the
——
or close to the banks
B
and you can see portions of oil also floating downstream.
Again,
9
this location was again taken, referencing
my map or referencing
10
the maps associated
with this location,
that was nearly not quite
11
two miles away from the site from the tank battery that
12
experienced
the breach.
13
0.
I probably should have asked you this sooner.
Is this
14
located in close proximity to the tank battery?
I apologize.
15
Was this located in close proximity to residential
areas?
16
A.
There were houses, as I recall,
to the south and/or
17
southeast.
18
0.
Okay.
19
A.
I do not recall any access restrictions
or fences or
20
anything like that.
21
0. And just for a frame of reference, how many gallons are
22
in a barrel?
23
A.
42 petroleum barrels.
24
0.
And did you notice any crude oil odors while you were on
128
Keefe Reporting Company
1
site?
2
A.
Yes, ma’am.
3
0.
Was that just in the vicinity of the spill or the
4
release point or was it further downstream?
5
A.
At the release points at the tank batteries,
in the
6
unnamed intermittent
drainageway to Fulton Branch Creek, in
7
Fulton Branch Creek also on the southwest portion of Wamac.
A
8
strong olfactory,
odor was detected.
9
03.
Do you have an opinion concerning the remedial efforts,
10
if any, you observed to this site?
11
A.
Yes, ma’am.
12
0.
And what’s your opinion?
13
A.
My opinion is that on July 1st when I visited
the site,
14
there was absolutely
no recovery operations
that were taking
15
place.
There were feeble attempts for using straw for
16
containment methods.
But, again, no, no commercially
available
17
boom or pads which is a hydrophobic material
which is typically
18
used in oil field industry nowadays.
And as such, I basically
19
saw no recovery taking place whatsoever,
again, at these
20
downstream locations as well as at the tank battery itself.
21
0.
Based upon your observations
of July 1st, did you form
22
an opinion concerning what the Respondents’ efforts,
if any, were
23
directed to at that time?
24
A.
Yes, ma’am.
129
Keefe Reporting Company
1
0.
And what was that?
2
A.
It was apparent that there was no recovery that was
3
taking place downstream because of the aforementioned
rainfall
4
event that occurred on the 30th of June perhaps washing away the
5
oil from the site.
6
03. Okay. From your observations of July 1st, did it appear
7
the priority
was being given to improve the tank berm?
B
A.
That was my observation.
That there was actual physical
9
activity,
one piece of equipment, although it was unmanned, but
10
one piece of equipment and, again, the fresh soil that was
11
apparent around the west and northwest and north berms of the
12
aforementioned
tank battery.
13
0.
Do you have any environmental
opinions concerning your
14
observation?
15
A.
Yes, ma’am.
16
0.
And what is that?
17
A.
As far as aquatic receptors
in Fulton Branch Creek and
18
additionally
downstream Sewer Creek, I feel that a pollution
19
event had occurred to the water and most likely to the wildlife
20
associated
with thosQ waterways.
21
0.
Okay.
Mr. Powell, what kind of record does the Illinois
22
EPA regularly
generate and maintain to provide notice to a
23 potential violator of violations of the Illinois Environmental
24
Protection
Act?
130
Keefe Reporting Company
1
A.
It could take the form of a non—advisory letter,
it
2
could take the form of a Violation Notice or it could take the
3
form of a Section 43 which is an immediate referral
to the
4
Attorney General’s Office.
5
0.
I’m going to hand to you what’s previously
been marked
6
People’s No. 20 for identification
here today.
Hang on.
I just
7
got to put it together here.
I’ll ask you to identify this
8
document for me because I will also hand you what has also
9
previously
been marked People’s Exhibit 21 and ask the same
10
questions of you in just a moment.
I’ll hand you, again, what’s
11
been marked People’s Exhibit 20 and 21.
If you could take them
12
in turn and identifying
each document for me.
13
A.
Okay.
People’s Exhibit No. 20 is a Violation Notice,
14
1997—01058 issued to Mr. Jim Mezo doing business as James Mezo
15
Oil Company.
16
03.
And what about People’s Exhibit 21?
17
A.
21 is a Violation
Notice 1998—00071 issued to Mr. John
18
Prior, again, doing business as Prior Oil Company.
19
03.
Does the People’s Exhibit 21 indicate
that it was
20
delivered via hand delivery?
21
A.
Yes, ma’am.
22
0.
And People’s Exhibit 20 indicates
that it was delivered
23
via certified
mail?
24
A.
Yes, ma’am.
131
Keefe Reporting Company
1
0.
Once a Violation Notice is completed and sent to the
2
respondent,
does the Illinois
EPA maintain these records in its
3
files?
4
A.
Yes, ma’am.
5
0.
Okay.
And are they regularly
generated by the Illinois
6
EPA?
7
A.
They are generated by the Illinois
EPA for sites that
8
require additional
remediation or work.
9
0.
Okay.
And do you typically
receive copies or notice
10
that these violation
letters
have gone out?
11
A.
Not in all cases.
We have
——
Sometimes yes, sometimes
12
no.
13
0.
Okay.
If a Violation Notice letter
goes out, do you
14
typically
participate
in any subsequent meetings with the
15
respondent if it is requested?
16
A.
If requested by my management or my in—house attorneys,
17
yes, ma’am.
18
0.
Okay.
And was this People’s Exhibit No. 20 generated in
19
the ordinary course of business activity?
20
A.
Yes, ma’am.
21
0.
And what about Exhibit 21, was it generated in the
22
ordinary course of business activity?
23
A.
Yes, ma’am.
24
MS. CARTER: At this time People move for the admission of
132
Keefe Reporting Company
1
People’s 20 and 21 into evidence.
2
HEARING OFFICER SODMAN:
Do the Respondents have any
3
objection?
Hearing none, I will admit People’s Exhibits 20 and
4
21.
5
03.
(By Ms. Carter)
Turning to the Violation
Notice, what
6
sort of information
is typically
included in these documents?
7
A.
Typically
it’s a slight
——
it’s a very brief overview of
8
the facts, as we understand them, pursuant to the release or
9 pertaining to the release. It references some of the alleged
10
violations
out of our Environmental Protection Act.
It also
11
discusses
or provides some discussion
needed to resolve the
12
Agency the violations.
13
0.
Did you participate
in a Violation Notice meeting with
14
Mr. Mezo?
15
A.
Yes, ma’am.
16
0.
Do you recall generally what was discussed
in that
17
meeting?
18
A.
Generally what was discussed was the need for
19
remediation and documentation of clean-up of the site which would
20 typically be in the form of samples, soil samples, from around
21
the tank battery as well as sediment samples from the
22
aforementioned
drainage waste and creek.
23
03.
Have a similar violation
meeting with Mr. Prior?
24
A.
I don’t recall.
I recall a NIPLA, Notice of Intent to
133
Keefe Reporting Company
1
Pursue Legal Action, which is
--
that was on October 4th, 1999,
2
because we had not received a resolution
of the
——
of the site,
3
you know, in that two and—a—half year period or two year plus
4
period.
5
0.
Do you recall what was generally discussed in that
6
meeting?
7
A.
That meeting we generally discussed the need for
8
documentation
that the site has been cleaned up or remediated in
9
some fashion.
10
0.
Mr. Powell, is there any other source that you have
11
contributed
to your observation
of July 1st?
12
A.
Based on July 1st, no, ma’am.
13
0.
Are you familiar with what remedial activities,
if any,
14
have taken place since that time?
15
A.
I’m familiar that there have been two reports generated
16
as a result of this release.
When I say reports,
environmental
17
contractors
or consultant
reports;
one, the initial
one by, I
18
believe,
order or requested by Mr. Mezo was by Chase
19
Environmental,
I
believe,
out of Paducah, Kentucky.
That would
20
have been early ‘98.
And subsequent to that what later one that,
21
I believe,
was requested by Mr. Prior by Hopper Environmental
22
that was completed or dated earlier
this year.
23
0.
And you said there was plans submit earlier
this year or
24
reports submitted earlier this year; correct?
134
Keefe Reporting Company
1
A.
Yes, ma’am.
2
0.
Do you recall generally what would have included in that
3
report?
4
A.
It was a report that we requested some additional
5
sampling pursuant to the first
report, a report by Chase
6
Environmental,
and it was some additional
sampling.
7
0.
Did you review that first
report by Chase Environmental?
8
A.
I remember seeing it.
9
0.
Did you generate a memo documenting your review of it?
10
A.
I don’t recall.
11
0.
Would anything assist you in refreshing
your
12
recollection?
13
A.
Iflhadamemo.
14
0. Does that assist you? Can you identify that? Is that
15
the right thing?
16
A.
Yes, ma’am.
17
0.
Okay.
Can you identify
that document?
18
A.
This is a memorandum from me to my immediate manager
19
referencing
the Chase Environmental
Group report that
——
initial
20
report was submitted
——
was dated March 6 of 1998, and a revised
21
submission dated April 4th of 1998.
22
0. And what does your memorandum indicate to you about your
23
report?
24
A.
There was three bullet points on the memorandum
135
Keefe Reporting Company
1 basically requesting additional sample locations north and south
2
of sample locations
before B8 and B9, requesting
a minimum of two
3
soil sediment sample locations
from the unnamed intermittent
4
drainageway that first received the oil that ran off from this
5
site.
And then I also had comment pursuant to the depth of
6
samples obtained by Chase Environmental,
as this was a surface
7
spill.
I believe that some initial
sample results by Chase were
8
taken at a depth of 2 feet.
Which typically
if you have a
9
surface spill,
we look for 0 to 6 inches or perhaps 6 inches to a
10
2 foot level rather than taking samples beginning at 2 feet.
11
Again, if it were a subsurface release point, i.e.,
a buried
12
pipeline,
that would be an area to look for, but again, since
13
this was a
-—
basically
an overtopping of a fire wall, ran across
14
the surface,
I was
--
had some concerns about the depth at which
15
these samples were taken.
16
03.
Mr. Powell, are you aware of whether the Respondent ever
17
performed the sampling consistent
with your memorandum?
18
A.
I believe the subsequent report dated earlier
this year
19
by Hopper Environmental
addresses these concerns.
20
0.
Okay.
And if I hand you this report, which I’m doing,
21
can you identify
the date on that document?
22
A.
This is the Hopper Environmental,
Incorporated
report
23
dated March 12th of 2003.
24
0.
And is this the report that you’re referencing
that
136
Keefe Reporting Company
1
incorporated
your sampling concerns and requirements
for the Mezo
2
site?
3
A.
Yes, ma’am.
4
MS. CARTER:
Okay.
Thank you, sir.
I have no further
5
questions of this witness.
6
HEARING OFFICER SUDMAN:
Mr. Prior,
do you have any
7
questions for this witness?
8
MR. PRIOR:
No.
9
HEARING OFFICER SILJDMAN:
Mr. Mezo?
10
MR. MEZO:
No.
11
HEARING OFFICER SUDMAN:
Let’s go off the record.
12
(A discussion was held off the record.)
13
HEARING OFFICER SUDMAN:
The People’s final witness will
14
not be here until tomorrow morning so we decided to go ahead and
15
have one of the Respondents testify
now.
So I will call
16
Mr. Prior to the witness stand, please.
And the court reporter
17
will swear you in.
lB
JOHN PRIOR,
19
called as a witness herein, having been first duly sworn,
20 deposeth and saith as follows:
21
HEARING OFFICER SUDMAN:
And would you state your name before you
22
begin, please?
23
A.
John Prior.
24
HEARING OFFICER SUDMAN:
Okay.
Mr. Prior,
you just may
137
Reefe Reporting Company
1
proceed in a narrative
form and present your evidence.
2
MR. PRIOR:
Okay.
I don’t recall how and where to start,
3
but this entire matter stems from, if you want to call it,
4
vandalism.
And there’s not a whole lot I
can
say about it except
5
I do have a
——
I have a tape recording,
and I have a written
6
document notarized
from the people that took it in confession of
7
one of the people that done it indicating
the person that hired
8
him to do it.
And I then called a meeting to discuss that with
9
people from the EPA, the local authorities,
the insurance people,
10
Illinois
Department of Natural Resource people and the person’s
11
property that this particular
incident happened on.
12
It was not the complainant who has always been Harold
13
Alexander or his son, Harold Junior.
They’ve been the
14
complainants every time, and they’re the ones responsible
for
15
this
——
these releases every time.
And I have a list of the
16
people present at that meeting, and they signed the meeting time
17
and date.
I’d like to present that as evidence.
18
HEARING OFFICER SUDMAN:
Do you have a copy of that with
19
you that I can take a look at?
20
MR. PRIOR:
Yes.
21
HEARING OFFICER SUDMAN:
And do you happen to have an extra
22
copy that I can and Ms. Carter can look at?
23
MR. PRIOR:
No.
24
HEARING OFFICER SUDMAN:
This is a statement
from a person
138
Keefe Reporting Company
1
that admits to vandalizing your tanks?
2
MR. PRIOR:
Yes.
3
HEARING OFFICER SUDMAN: I’ll show this to you when I’m
4
done.
5
MS. CARTER:
Okay.
6
HEARING OFFICER SUDMAN:
And this is a typed out copy of
7
what your tape recording says?
8
MR. PRIOR:
Yes.
9
HEARING OFFICER SUDMAN: What is this second sheet of
10
paper?
11
MR. PRIOR:
That
——
that Harold Alexander Junior,
he’s
12
referring
to when he was telling me these things, he continued on
13
talking about that.
14
HEARING OFFICER SUDMAN: Okay.
So this isn’t relevant
to
15
your case?
16
MR. PRIOR:
I believe it is in that he has a vendetta
17
against me for some reason, and I really don’t know why. Also,
lB
these things happened every time
-—
Every time it happened, it
19
either just rained or was raining at the time.
20
HEARING OFFICER SUDMAN:
We’ll give Ms. Carter a minute to
21
read that as well.
22
MS. CARTER:
Okay.
May I respond to
--
23
HEARING OFFICER SUDMAN:
Are you moving to introduce
that
24
into evidence?
139
Keefe Reporting Company
1
MR. PRIOR:
Yes, ma’am.
2
HEARING OFFICER SUDMAN:
You may respond.
3
MS. CARTER: My first
objection
to the two documents,
that
4
they are affidavits
of Brandon Reynolds: One, is that both
5
documents are hearsay.
We don’t have the gentleman here to
6
testify
to the truth of what is certified
in both of these
7
documents.
My second objection to the first document where it’s
8
talking about an oil spill in Wamac. We’ve been talking about
9
three oil spills
in Wamac.
It doesn’t talk with specificity,
10
which discerns this from what he’s talking about.
My second
11
objection
to the second attachment it’s completely not relevant.
12
It has nothing to do with the release of that issue in this case.
13
It does not discuss a personal vendetta between
a
Mr. Harold
14
Alexander and Mr. John Prior and, therefore,
I don’t see the
15
relevance of this at all.
In terms of the third document, I
16
don’t have an objection to this.
17
HEARING OFFICER SUDMAN:
Well, I think they’re
all
18
together.
19
MS. CARTER: All together.
Well, I don’t have an objection
20
to that at all.
21
HEARING OFFICER SUDMAN:
Mr. Prior,
I’m going to sustain
22
the People’s objection.
I reviewed the document.
It is
23
primarily hearsay.
It’s not very clear exactly what it’s about,
24
and I don’t think it’s terribly
probative or relevant to this
140
Keefe Reporting Company
1
proceeding.
So I’d like you to
——
I’m not going to admit this
2
document to the record,
so please pick up where you left off and
3
let’s move on to your next
——
the next evidence you’d like to
4
produce.
5
MR. PRIOR:
I don’t have any other evidence.
6
HEARING OFFICER SUDMAN:
Do you have any more to add to
7
your narrative?
Would you like to go into some explanation
about
8
anything that the People presented in their case?
Would you like
9
to respond to that at this time?
10
MR. PRIOR:
I really don’t know how to, ma’am.
11
HEARING OFFICER SUDMAN:
Okay.
So you don’t have anything
12
else?
13
MR. PRIOR:
No.
14
HEARING OFFICER SUDMAN:
Anything you care to add?
15
MR. PRIOR:
No.
16
HEARING OFFICER SUDMAN:
Okay.
Ms. Carter?
17
MS. CARTER:
I have no questions
for this witness.
18
HEARING OFFICER SUDMAN:
Okay.
Then you may step down.
19
Mr. Mezo?
20
GAMES MEZO,
21
called as a witness herein, having been first duly affirmed,
22
deposeth and saith as follows:
23
HEARING OFFICER SUDMAN:
And, Mr. Mezo, would you please
24
state your name again for the record before you begin?
141
Keefe Reporting Company
1
MR. MEZO: James Mezo,
M—E—Z—O.
2
HEARING OFFICER SUDMAN:
Okay.
Thank you.
You may be
3
begin.
4
MR. MEZO: Well, my whole story depends or hinges on the
5
ownership.
Several months prior to this spill that we’re talking
6
about, I had sold the Oestreich lease and the equipment to John
7
Prior, and he was going to go ahead and try to develop it.
He
8
had a problem with getting the permits transferred.
We had done
9
the assignment and the OG—22, but for some reason he was unable
10
to get the transfer made.
And, of course, this spill occurred in
11
the meantime.
12
And I believe that I did everything possible as soon as I
13
knew, you know, what I needed to do.
I wasn’t aware of the spill
14
until several days later.
I don’t know the exact date, but, you
15
know, by that time the information
I had, was that the spill was
16
pretty well contained and cleaned up.
17
And I got
——
Let’s see.
I got a letter,
I guess, on July
18
the 14th of ‘97.
Let’s see.
No, I got to back up.
I’m wrong
19
there.
My response letter to Charles Erutlag with the Illinois
20
EPA was dated July the 14th and I had
——
I had been notified of
21
the spill,
And they subsequently
on December the 12th of ‘97
22
rejected the plan that I had submitted,
said it wasn’t sufficient
23
and instructed
me to have some environmental
company to do this
24
study.
And then I contacted Chase Environmental
out of Paducah
142
Keefe Reporting Company
1
and gave him the letter
outlining what the EPA wanted done.
And
2
he proceeded to do that, and I have the invoice that I received,
3
March the 3rd of ‘98.
4
And then I
——
I guess I subsequently
received a letter
5
that, I guess, Mr. Powell, is he the one that testified,
referred
6
to and said doesn’t remember if the got the second 6 inch
7
samples?
But then I have here the invoice where Chase
8
Environmental billed me for those extra samples, the 6 inch
9
samples, as opposed to the 2 foot samples on March the 11th.
And
10
then I received the site investigation
and the plan that they
-—
11
that they had come up with to develop it, and I sent that to the
12
compliance specialist
in Springfield
on March the 18th of ‘98.
13
Let’s see.
I don’t think they furnished me with a copy of
14
the notice.
But anyway, the EPA rejected that plan and notified
15
me on, I guess, August
——
no, wait a minute.
I can’t seem to
16
find the date.
But subsequently
they notified me that the plan
17
had been rejected
and that they plan to pursue legal action.
And
18
at that time I decided that I couldn’t
I couldn’t handle it,
19
you know.
I done everything I thought I could humanly possibly
20
could do.
So I contacted the EPA and went to Springfield
for a
21
meeting.
22
HEARING OFFICER SUDMAN: Mr. Mezo, can I interrupt you for
23
a moment?
Are you speaking with any particular
site or all of
24
the
——
all of the sites?
143
Keefe Reporting Company
1
MR.
MEZO:
I’m just talking about the Oestreich strike.
2
thought that was the only one I was involved in.
I hope it is.
3
HEARING OFFICER SUDMAN:
Okay.
Proceed.
4
MR. MEZO: Okay.
Then on
-~
I received a letter
dated
5
August the 6th from the EPA
--~
I can condense this.
I probably
6
just need to read this one part here.
7
HEARING OFFICER SUDMAN:
Mr. Mezo, what are you looking at?
B
Is this
a
letter that the People have introduced already into
9
evidence?
10
MR. MEZO:
No, no, it isn’t.
11
HEARING OFFICER SUDMAN:
Okay.
12
MR. MEZO:
It’s a letter
dated August 6, 1999, from
13
Illinois
Protection Agency and it’s
——
that’s the wrong letter.
14
I got too many papers here.
Give me a minute.
Yeah, I guess
15
that’s right.
Yeah, I guess August the 6th is the date.
And
16
this is a
——
this is the attachment to this letter,
for whatever
17
that means, but it reads here in the second paragraph on the
18
first page of the Attachment No. 1.
I’ll just read the whole
19
paragraph.
“The release incident was initially
reported by Prior
20
as having been closed by Mezo Oil Company.
Accordingly,
Illinois
21
EPA issued a code Violation Notice on December 12th, 1997,
22
relative
to the release.
On September 29th, 1998, following
23
Illinois
EPA’s rejection
of Mezo’s proposed compliance commitment
24
agreement and Agency’s issuance of a Notice of Intent to Pursue
144
Keefe Reporting Company
1 Legal Action, Illinois EPA representatives met with Mezo to
2 discuss the release. On that date Mezo provided information
3 which indicated that Prior had purchased the mineral rights and
4 all equipment at the relevant tank battery from Mezo before
5 Release No. 9711959.” That’s the Oestreich release I think.
6 “Occurred more over Prior responded to the spill and did not
7 inform Nero of the occurrence or the release until several days
8 later.” So when I received this letter, and it goes ahead and
9 says further on September 29th Mezo indicated
——
10
HEARING OFFICER SUDMAN: Mr. Nero, could you speak up a
11 little bit, please?
12
MR. MEZO: Yeah, probably.
13
HEARING OFFICER SUDMAN: Okay.
14
MR. MEZO: That’s not relevant. Anyway, after I got this
15 letter, I guess wrongly assumed that they had, you know, got off
16 my case and was going to have Mr. Prior do it. As it turned out,
17 I think they required him to do probably the same tests and
18 surveys that I had ordered done. And I believe Mr.
—--
I think I
19 told you
——
on this
——
yeah, I got that, okay. So anyway, the
20 letter that I got from the
——
from Mr. Ryan’s office, stated that
21 the reason they were going to take the legal action was that I
22 had failed to respond. And I don’t know, you know, what else I
23 could have done. I didn’t have the right, or I didn’t think I
24 had the legal right, to go do anything on the lease since I
145
Keefe Reporting Company
1 actually didn’t own the equipment any more. And did, you know, I
2 thought well, you know, if I can reasonably get it handled, I
3 knew I still had a responsibility because the permit was still in
4 my name, because it hadn’t been transferred, even though I didn’t
5 own the equipment any more. So, you know, it just seemed to me
6 that I was at a brick wall, and I had tried to do everything they
7 asked me to do and timely.
8
I think if you look at the time line in the records, all
9 the documents, that they’re response
——
the State’s response time
10 and the EPA’s response time was a lot longer than mine from the
11 time I received notice.
12
HEARING OFFICER SUDMAN: Did you want to introduce that
13 into evidence, that letter?
14
MR. MEZO: Yes, if I can get it all together. You know, I
15 believe I can. And I thought I had a list of the people that
16 were at that meeting, but I had requested all the documents on
17 that case. And when I got the packet, there was a
——
three pages
18 of things that they had withheld because it was going to be used
19 in the
——
their case. And I thought one of those was the list of
20 the people that was at that meeting, and if it was, I misplaced
21 it. But I believe Mr. Powell testified that he was at that
22 meeting that we had. But there was, I think, three EPA agents
23 and then the supervisor was on the phone, on the conference call,
24 speaker phone type thing, and my wife was there. But I don’t
146
Keefe Reporting Company
1 have that list. But, yes, I would like to enter this
——
this
2 letter and those attachments. Let’s see. I believe that’s it.
3
HEARING OFFICER SUDMAN: Mr. Mezo, that letter was
4 addressed to Mr. Prior. Is that what you wanted to give to us?
5
MR. MEZO: Yes, that is my copy. Part of that attachment
6 is what I thought was transferring the responsibility for that
7 spill from myself to Mr. Prior.
8
HEARING OFFICER SUDMAN: Okay. I see.
9
MS. CARTER: I don’t have any objection.
10
HEARING OFFICER SUDMAN: Is this the only evidence you’re
11 seeking to have admitted, or do you have any others?
12
MR. MEZO: Well, the invoices from Chase Environmental that
13 would only indicate that I was trying, but that would probably
14 not have no effect?
15
MS. CARTER: Can I see them?
16
HEARING OFFICER SUDMAN: Yes, why don’t you show them to
17 Ms. Carter.
18
MR. MEZO: This is the initial study when he was referring
19 to the 2 foot sample and then they asked for the 6 inch samples,
20 and then I asked Chase to do those, and then this is the invoice
21 for that. It was a few days later.
22
MS. CARTER: I do not have any objections on these
23 documents, but I have questions on the questionability of these
24 documents.
147
Keefe Reporting Company
1
HEARING OFFICER SUDMAN: Okay. Mr. Nero, I’m marking these
2 as Respondents’ Exhibit 1. That I will clarify in the record
3 that it’s you. That August 6th, 1999, letter to Mr. Prior and
4 it’s the attachment and your invoice. Your invoices will be
5 marked as Respondents’ Exhibit 2. So you may proceed. Do you
6 have anything else you’d alike to say on your behalf?
7
MR. MEZO: No, not that I can think of now.
8
HEARING OFFICER SUDMAN: Ms. Carter?
9
MS. CARTER: Ms. Hearing Officer, when you’re done marking
10 those exhibits, can I take a look at the invoices?
11
HEARING OFFICER SUDMAN: Sure.
12
CROSS-EXAMINATION
13 QUESTIONS BY MS. CARTER:
14
Q. Good afternoon, Mr. Mezo. I’ve sat in this room all day
15 today and haven’t introduced myself. Sally Carter. I’ve talked
16 to you on the phone a number of times.
17
A. Many times.
18
Q. Many times. I do have a few questions, sir. What do
19 you do for a living?
20
A. Well, I’m in the oil production business, and I also
21 have an insurance agency.
22
Q. How long have you been in the oil production business?
23
A. About 23 years. Starting 1980, I believe.
24
Q. Do you currently have a number of wells permitted to you
148
Keefe Reporting Company
1 by the Illinois Department of Natural Resources?
2
3
4
5
6
7
8
9 wells
A. Yes, I do.
Q. Okay. Do you know approximately how many you have?
A. I think totally probably 60.
Q. 60?
A. Uh-huh
0. Okay.
A. Total wells. That’s producers and disposal injection
Q. Yeah, injection. And are they located in a number of
counties across the state?
A. Yes.
Q. Do you know what counties they’re located in?
A. Yes.
Q. Can you tell me, sir?
A. Hamilton, White, Washington, Jefferson, Wayne.
0. Any others?
A. I guess
MR. PRIOR:
MR. MEZO:
0. (By Ms.
22 those wells?
I don’t have Saline any more.
Maybe Franklin.
No Franklin.
Carter) Do you actually physically operate all
A. Yes, ma’am.
Q. You’re actually on site doing all the work and
10
11
12
13
14
15
16
17
18
19
20
21
23
24
149
Keefe Reporting Company
1 everything else?
2
A. Yes, ma’am. I have no employees.
3
0. No employees?
4
A. Only contract labor.
5
Q. Have your operations changed over time? Have you always
6 been the individual on site doing the operations?
7
A. Yes.
8
Q. Okay. And this well that we’ve been talking about here
9 today, you referred to it by a lease name?
10
A. Oestreich, Oestreich No. 1.
11
Q. Oestreich No. 1. That’s how you say the name that I’ve
12 been murdering all day today?
13
A. Yes, ma’am.
14
Q. So that’s included in the lease that we’ve been talking
15 about with Mr. Prior and you?
16
A. Yes, ma’am.
17
Q. And I think that you mentioned before that several
18 months prior to the release, you sold all the equipment and
19 everything else to Mr. Prior; is that correct?
20
A. Yes.
21
Q. But you didn’t get the well
——
22
A. We didn’t get the bond transferred.
23
Q. And a bond is a requirement of the Department of Natural
24 Resources?
150
Keefe Reporting Company
1
A. Well, we didn’t get the permits transferred. I misspoke
2 that.
3
0. You couldn’t get the permits transferred? And why did
4 you not get the permits transferred? Is it a permit block?
5
A. I was trying to think of the term. He had a violation
6 that prevented the State from transferring, was my understanding.
7
Q. Okay. And today, sir, isn’t it true that that well is
8 still permitted in your name?
9
A. Permit is still in my name, but it’s been plugged.
10
0. It’s been plugged?
11
A. The well’s been plugged out and the tanks are gone and
12 the oil and gas people have sent release of
——
13
Q. I’m sorry. They sent what?
14
A. They sent a
——
the release to me that the well has been
15 plugged and the site is cleaned up, pits are filled and all the
1? equipment is removed and it’s not there any more.
17
Q. Okay. Are you familiar with when that well was plugged?
18
A. Yeah, if I can get my stuff. I think I got the
—--
I
19 think I got the plugging affidavit.
20
Q. Is it in this document?
21
A. Yeah.
22
HEARING OFFICER SUDMAN: Go ahead, Mr. Mezo.
23
Q. (By Ms. Carter) Nothing in it I really don’t feel.
24
A. Nope, sorry. I don’t have it.
151
Keefe Reporting Company
1
Q. You don’t have it?
2
MR. MEZO: Do you know when it was plugged, John? He did
3 it.
4
MR. PRIOR: It was more than a year.
5
A. It was sometime last year, but I guess I failed to pick
6 up the plugging affidavit.
7
Q. (By Ms. Carter) Okay. And you said that Mr. Prior did
8 the plugging work for you; is that correct?
9
A. He did the plugging work. It wasn’t actually for me.
10 It was his.
11
Q. Okay. But you were still permittee of record at the
12 time?
13
A. I was still the permittee of record, yes.
14
Q. And was a well inspector from the Department of Natural
15 Resources on site during the plugging?
16
A. Yes, I’m sure.
17
Q. Okay. And was that Mr. Alan Whitler?
18
A. I believe it was
——
19
Q. Mr. Myer or Mr. Price?
20
A. Price.
21
Q. Mr. Price.
22
A. I think Price is the one that signed the plugging
23 affidavit.
24
0. Okay.
152
Keefe Reporting Company
1
A. And also I didn’t bring that either I don’t think but I
2 did get a, you know, the final release that everything had been
3 cleaned up and
——
4
Q. So the site has been remediated?
5
A. The site has been restored.
6
Q. Do you have a copy of that, sir? May I see that?
7
A. There it is. March 18th of 2002, that’s when they dated
8 that plugging affidavit.
9
0. Okay. Thank you.
10
A. And this is the letter, I think, verifying that
11 everything has been done.
12
Q. May I see that?
13
A. As far as, you know, you get the plugging affidavit and
14 then later you gone
—-
you got six months to fill the pits and
15 clean it up and all that.
16
Q. May I just take this back to my desk for a minute?
17
A. Can I look at it for a minute before you do?
18
Q. Yeah. I just want to write something down.
19
A. I want to make sure. Yeah, I think that’s what I think
20 it is.
21
0~ Okay. Mr. Mezo, you said you’ve been working in the oil
22 production business for the past 23 years or so; is that correct?
23
A. That’s correct.
24
Q. Do you
——
Can you tell me about your educational
153
Keefe Reporting Company
1 background?
2
A. Yeah, I went to high school and then graduated.
3
Q. When did you do that?
4
A. 1950.
5
Q. Okay. Have you had any further courses since that time,
6 any schooling, sir, since then?
7
A. Well, I have to do ongoing education every year for
——
8 or every two years for my insurance license.
9
Q. Okay.
10
A. And I’ve been to several of the PTTC training sessions
11 on
——
in oil production.
12
Q. What did you just say?
13
A. PTTC.
14
0. What does that stand for?
15
A. Petroleum Technology Transfer Something.
16
Q. Okay.
17
A. It comes through the University of Illinois. They do
18 periodic seminars and training sessions in, you know, different
19 towns, different areas.
20
Q. I’m going to hand you, sir, your Exhibit No. 2. It’s
21 your invoice from Chase Environmental.
22
A. Okay.
23
Q. If I could just direct your attention, sir, to the
24 analytical portion of that document. Do you see that at the
154
Keefe Reporting Company
1 bottom, where it says analytical?
2
A. Oh, yeah.
3
Q. Do you see something that says B Text?
4
A. Yes.
5
Q. Okay. Do you know what that means?
6
A. Yeah, I did but I forgot.
7
0. Do you see the word
-—
or PNA there?
8
A. Yes.
9
Q. Do you know what that means?
10
A. Huh—uh.
11
Q. Okay.
12
A. That’s why I paid Timmy Walker to do this.
13
Q. Do you happen
—--
I’m handing you the second page of your
14 Respondents’ Exhibit 2, do you see the words B Text or PNA on
15 that invoice?
16
A. No.
17
Q. I’ll take those back from you, sir? Thank you. Sir, I
18 think when you were testifying before you referenced a July 14th,
19 1997, letter of yours responding to a letter of Mr. Charles
20 Brutlag, do you recall that? I’ll hand you a copy, sir.
21
A. Yes.
22
Q. And I’ll mark it as an exhibit. It’s marked as People’s
23 Exhibit No. 22. Okay. The first letter is that letter that you
24 received from Mr. Brutlag?
155
Keefe Reporting Company
1
A. Yeah, I think that’s it.
2
Q. Okay. And the second letter that is attached to that,
3 that’s
——
is that your response that you identified before?
4
A. Yes.
5
Q. Okay. And in the second paragraph of your July 14th,
6 1997, letter, do you identify the measures that you employed to
7 deal with the situation on site?
8
A. Uh-huh.
9
0. Okay. And then in the last line of your second
10 paragraph there, it says “We hope to have this accomplished
11 today,” who’s we?
12
A. John Prior and his crew.
13
MS. CARTER: Ms. Hearing Officer, at this time the People
14 seek to admit into evidence People’s Exhibit 22.
15
HEARING OFFICER SUDMAN: And there’s no objection to this?
16
MR. MEZO: No, is that this letter?
17
HEARING OFFICER SUDMAN: Yeah. You’ve seen this. I’m
18 going to go ahead and admit People’s Exhibit 22.
19
MS. CARTER: I’ll just be just a moment. I have no further
20 questions. Thank you.
21
HEARING OFFICER SUDMAN: Mr. Mezo, I’ll allow you to
22 redirect yourself if you want. Would you like to make any
23 comments in light of the questions that Ms. Carter has asked you,
24 or is there anything further that you would like to
—--
any
156
Keefe Reporting Company
1 further documents that you would like to introduce or anything
2 you’d like to clarify?
3
MR. MEZO: Except I probably should say I wasn’t on site on
4 this. The information I received was for the people that were
5 doing the work, you know, so, like I said, I had
-—
I had no, no
6 personal involvement in the operation at that time since I didn’t
7 think I had the right or the ability to do that since it, you
8 know, it wasn’t my equipment and it wasn’t my lease at that
9 point, you know, except like she said, I was still the permittee
10 of record, but not by my choice.
11
HEARING OFFICER SUDMAN: Would you like to ask anything
12 further about that, Ms. Carter?
13
MS. CARTER: No, thank you.
14
HEARING OFFICER SUDMAN: Okay. Thank you, Mr. Mexo. I
15 think we will go ahead and wrap up for the day. Let’s go off the
16 record for one moment.
17
(A discussion was held off the record.)
18
HEARING OFFICER SUDMAN: We will recess for the day. And
19 we will begin tomorrow at 9 a.m. with the Complainant’s final
20 witness. We are recessed.
21
(Recessed at 3:45 p.m.)
22
23
24
157
Keefe Reporting Company
STATE OF ILLINOIS
COUNTY OF FAYETTE
CERT I Fl CATE
I, BEVERLY S. HOPKINS, a Notary Public in and for the
County of Fayette, State of Illinois, DO HEREBY CERTIFY that the
foregoing 157 pages comprise a true, complete and correct
transcript of the proceedings held on the 15th and 16th day of
September A.D., 2003, at the Washington County Courthouse, Court
Room 2, 101 East St. Louis Street, Nashville, Illinois, in the
case of the People of the State of Illinois versus John Prior,
d/b/a Prior Oil Company and James Mexo, d/b/a Mezo Oil Company,
in proceedings held before Hearing Officer Carol Sudman, and
recorded in machine shorthand by me.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
by Notarial Seal this 21st day of September A.D., 2003.
MY COMMISSION
ix~s:O1Ifl~
Beverly
S. Hopkins
Notary Public and
Certified Shorthand Reporter and
Registered Professional Reporter
CSR License No. 084—004316
KEEFE REPORTING COMPANY
158
Keefe Reporting Company
A
156:10
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agencies 116:13
animal 30:24
abandoned 15:10
accordance 99:24
addressing 72:19
agency 2:4 8:2031:5 another 20:15 26:10
20:3 25:16 26:7
107:5
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according 92:21
adequacy 10:13
59:7 60:8 75:1,3
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ability 157:7
Accordingly 144:20
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115:18,21118:7
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acconnt 116:3
adequately 5:18 6:1
133:12 144:13
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accumulate 18:15
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113:22 117:4,14
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bags 23:15 124:22
156:3 158:14
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begin 3:7 4:15 48:13 bind 125:5
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88:10,13 95:22
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attorney’s 6:16
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123:5,6,6,8 128:22
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bond 150:22,23
91:17 93:23
36:14 38:15,17
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asked 16:3 26:15
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126:8 129:17
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112:10,13 116:23
98:15 100:4
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assess 3:19 66:20
144:5,12,15 148:3
129:21 134:12
105:22 108:19,22
both 31:16 32:22
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authorities 138:9
basically29:8 45:1
109:7,8 122:18
49:18 88:21 95:7
114:2,5
available 129:16
80:17 97:2
105:5
124:10,22 134:18
100:8 118:9 140:4
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avenue 88:23 89:3
129:18 136:1,13
134:19,21 136:7
140:6
assist 14:19 16:21
102:24
basis 28:10
136:18 139:16
bottom 40:19 56:15
21:1559:862:8
award 6:15
batteries 17:23
142:12 145:18
82:4,5 108:23
77:9 97:20 105:23
aware 27:7 28:23
26:17 74:17 75:7
146:15,21 147:2
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113:24 121:21
122:21 136:16
92:10 98:9 103:9
148:23 152:18
box 49:6 50:7 57:11
135:11,14
142:13
129:5
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assistance 32:23
away 126:15 128:3
battery 5:19,23 79:9 below4s:22 46:4,8
Branch 122:14
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128:1 1130:4
79:17,20 80:5,6,14
68:12 86:8
124:18 125:13,16
assistant2:5 8:24
A.D 158:10,17
81:8,21 82:20
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125:24 127:3
9:2 10:14
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83:21 84:24 91:7,9 Bengal 122:14,17,17
129:6,7 130:17
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assisting 9:5,13
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92:3 101:6,12,16
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associated 6:12
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103:5,11108:8,9
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breach 128:12
37:11 77:5 127:24
bachelor’s 8:14
123:2,4,16,20
berm 78:6,7 82:5,23
break 69:15,17
128:10 130:20
30:24 115:12
124:11,15 125:10
83:5,11,13,2494:5
106:19,20,21
Association 33:24
back 13:11,11 42:1
128:4,11,14
94:8,13 101:12,17
114:22,23
Associations 11:8
42:10 45:3,12 49:6
129:20 130:12
101:19,21 102:3,5
breed 18:16
assume4:10
51:11 57:2 69:14
133:21
145:4
102:6,15,16,17,19
breeding 18:12
assumed 145:15
69:15,18 80:18
BBQ 40:5 41:8,9
103:22 104:7,11
brick 146:6
assuminglll:10
81:11 82:684:22
before 1:1,164:15
104:15 106:17
bridge78:l0 84:4
2
Keefe Reporting Company
85:5 88:18,18 89:4
78:3 82:15 91:3
CATER4:3
cited 51:9
committeds9:15
bridges 85:22
105:16 106:3
cause 19: 1241:20
citizens 116:4
commonly 5:8,15
127:23,24
109:18 114:24
81:3 92:8 106:4
city5:15 74:17 75:7
31:8
brief
5:3
6:18 133:7
115:2 137:15
108:4
78:8,11 79:5,5,7
companies 112:18
brine 117:17,19,20
138:3 146:23
causing 57:21,24
civil 33:21,22
company 1:8,10,22
118:13
called 8:6 30:16
ceases2:2
clarify26:2429:6
2:24 3:4,5 16:12
bring 51:11 73:6
34:5 49:1 51:9
Center 11:5,6
80:15 148:2 157:2
36:2 52:7 53:2
153:1
70:1 112:16 115:4
Centralia 15:24
classic 72:23
55:22
56:8 59:7
broken 68:19 127:1
137:19 138:8
22:9 77:19
clean 19:18 24:6
131:15,18 142:23
broom 111:10
141:21
certain 10:4 33:4
42:19 52:8 58:20
244:20 158:13,13
brought 7:13
came 29:24 117:11
44:1 59:1 116:18
64:15,16 68:8,9,11
158:24
brownish 84:14
cancelled 61:7
certainly 126:17,18
68:14 89:11
compared 46:9
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cans 40:6
certification 33:17
153:15
competitor 92:9
155:20,24
cap 108:8
33:18 34:16
cleaned 29:12 30:4
103:9
building80:7
capacity7l:12 82:7
certified33:16
50:662:21 66:21
complainant 138:12
buildings24:6
82:18 117:3
34:16 60:9 95:12
67:4 134:8 142:16
complainants
built-up 101:17,19
car40:641:9
131:23 140:6
151:15 153:3
138:14
102:16 124:3
carcinogens44:21
158:21
cleaning 52:5
Complainant’s
bulk 85:21
care 141:14
CERTIFY 158:7
clean-up 10:9 30:2
157:19
bullet 135:24
Carol 1:16 3:1
chain 37:11 44:9
33:12 42:17 47:8
complained28:20
Bureau 8:21 9:4,15
158:14
changed
150:5
67:24 68:2,6,7
28:23
13:13,18 14:!
carriers 116:8
changes 119:6
133:19
complainer27:24
15:12,16 22:17
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characteristic44:13
clean-ups 114:6
28:8,17,17,21,21
32:3,5 43:10 60:4
5:3,5
7:6 8:2,9
44:14
clear 3:19 70:6
29:1
60:11 71:17
11:19 12:2 14:22
charge3l:13
140:23
complaint3:12 15:9
114:12 120:22
15:2,8 21:20,24
Charles 142:19
close 10:23 26:8
16:19 20:19 22:1,4
122:6
25:5,21 28:1,2,3
155:19
36:15 79:5 128:7
22:5,6 29:2 39:23
buried 136:11
30:13,19 35:6,10
Charlie53:7
128:14,15
39:24 40:1 52:24
burned 24:12
39:13,17,21 54:6
Chase 134:18
135:5
closed 18:22 29:18
91:4
burning20:19 22:5
54:10,11 60:23
135:7,19 136:6,7
144:20
complete 14:14 39:1
22:12 23:7,12
61:3 62:11,15
142:24 143:7
close-up4l:5 56:13
39:754:1 58:19
24:16 29:19,21,21
66:14,18 68:22
147:12,20 154:22
closure 10:8 33:11
62:3 120:18 158:8
bury48:15
69:21 70:3 74:6,10 check99:5
clothes4o:6
completed 13:13,19
business 14:3 21:18
77:12,16 93:17,20
checklist 13:1 20:15
coat40:17,I9
37:20 76:1 120:20
38:9 53:15 60:21
93:23 96:13,17
37:10 51:16 52:22
coated 78:22
132:1 134:22
65:23 76:11 93:2
100:24 101:4
61:13 65:17
code 144:21
completely 140:11
96:11 107:9
104:9 106:18,23
chemical46:24
collect 73:5 109:3
completion 58:24
110:10 121:1
106:24 107:11,15
68:10 70:22 71:2
collected 17:23 86:9
71:5
131:14,18 132:19
110:18,22 114:15
chemicals44:1
90:2 108:23
compliance9:6 13:5
132:22 148:20,22
114:24 115:2,7
50:18 68:11
collection 125:15
31:15 33:12,13
153:22
219:9,13 121:24
Cheryl2:13 5:16,23
Collinsville8:21
51:12 63:8 64:17
B8 136:2
122:4 132:24
6:4 69:21,24 70:5
22:18 33:5 91:4
66:20 113:19
89136:2
133:5 137:4
70:10 120:14
99:11 109:18
143:12 144:23
138:22 139:5,20
122:10,10
combustion 24:17
comply 63:7
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139:22 140:3,19
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come7:14 29:23
compounds4l:23
C 2:1 158:4,4
141:16,17 147:9
chicken 85:22,23
72:24 88:19
44:2,3,14,15 45:1
Cahnovsky 2:11,13
147:15,17,22
87:16
117:23 143:11
46:24 47:24 50:16
5:11,16,23 6:4
148:8,9,13,15
chief 1:26 22:7,8
comes4s:2 82:1
comprise 158:8
16:8 20:8 25:4
149:21 151:23
children 81:7,8,16
154:17
conceal
58:5
29:15 30:13,15,21
152:7 156:13,19
88:23 89:3,9,10,11
comment3:11
concentration4s:2
34:20 69:21,24
156:23 157:12,13
89:12,15,17,18
203:19 136:5
45:3
70:5 79:21 83:1
case 3:12,17 8:1
119:8
comments 156:23
concentrations
88:22 94:22 98:3
11:9 22:3,5,7 28:4
chloride 117:22
commercial 116:8
68:11
106:14,24 114:17
28:5,13 35:11 45:8 CHMM 34:16
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concern 102:16
120:14 121:4
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choice 157:10
129:16
111:16 112:12
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119:14,17 139:15
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concerning 3:14
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Keefe Reporting Company
17:19 19:23 22:5
consolidate 42:24
contract 150:4
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117:21 126:16,21
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constituents47:1
contractors72:17
cradle 117:1!
128:24
57:18 63:3 64:12
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constructed 86:6
contribute 20:3
created 37:22,24
current 8:22 11:13
129:22 130:13
constructing 80:5
contributed 94:16
credibility 3:20
11:14 31:635:1
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consultant58:16,18
104:16 134:11
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74:3 119:1
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conversations86:22
102:20,22 104:20
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concurrence 59:22
contained 13:7
coordinate 71:8,9
105:2,6,17 108:3
86:14 126:8,9,9
condense 144:5
23:15 40:13
46:5,5
116:13,14
108:13,13,19
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condition 14:12
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109:3,13 110:23
damn 86:9
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111:23,24 112:2,9
darks4:22
66:11 76:20
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38:2,3,3 60:18
112:12 113:15
data 37:12
100:16,22 122:13
containers40:6 52:3
138:18,22 139:6
122:14 124:18
date 11:14 14:9,17
conditions 62:5
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153:6 155:20
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111:21
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128:2 129:6,7
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130:17,18 133:22
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121:10 136:21
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cost 87:2,6
cross-examine 25:7
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134:22 135:20,21
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dates 38:20,23
conducts36:20
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71:9 116:15 158:2
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122:6 123:8
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72:7 73:3 74:14,17
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105:15 125:21
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112:17,19 142:14
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deal 72:7 78:24
considered 44:1,3
contaminationss8:1
93:2 96:11107:9
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continue 26:1 69:5
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Keefe Reporting Company
decided 69:15
describing 14:19
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29:19 52:3 58:6,23
137:14 143:18
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68:13 71:22 85:11
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designated 106:4
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dumps 13:432:19
deep 40:10 43:7
designed 73:1
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138:7 139:4 142:8
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durationó:13
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detectable 46:4,8
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discussion 16:21
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distance 23:10
drafting 9:14
earlier 65:20 85:4
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difficult 58:5 63:22
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drainage 83:18
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depth 73:2,15 94:8
discolored 84:14
document’s 37:24
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5
Keefe Reporting Company
75:1,21 99:10
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explanation 141:7
fence 83:7,8 108:11
115:18,20,20,22
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66:15 69:2 77:13
exposed 64:22
fences 128:19
116:2,3 117:5,5,6
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117:13 118:2
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exterior 123:22
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133:1 138:1,17
extra 138:21 143:8
fiber 73:11,11
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evident 63:11
facilitate 28:8
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employee 16:14
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exact 142:14
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exactly 12:16
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filed 120:21
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family 61:6
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existed 27:3
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floating 128:6,8
135:6,7,19 136:6
11:20 14:23 21:21
explained
50:5
feet40:9,9,10 54:13
floats 50:1 72:23
136:19,22 142:23
26:10,21,24 27:2
explaining2l:15
55:10 78:8 86:7
73:10 82:3
142:24 143:8
29:5 35:7 39:14
62:8 77:10
108:18 136:8,10
floor 108:9
6
Keefe Reporting Company
flow 78:19,24 82:2
126:12 129:4
147:4
124:7
haul 55:6
124:13 125:9
137:4 145:9
154:5
given 130:7
grill40:641:8,9
having7:24 8:6
flowed 125:10,11
156:19,24 157:1
gives 44:24 60:13
ground 16:18 18:11
30:16 59:16 69:4
flowing 78:23 85:16
157:12
giving29:8
20:3 23:21 24:11
70:1 115:4 137:19
flows 124:14
glass43:14,15
26:6 33:11 41:20
141:21 144:20
fluids 5:6,13
G
go3:7 15:626:2
47:18,21,22 49:14
hazard 109:12
focus 70:14 85:12
gaining 91:18
32:6 42:20 43:1
50:13 56:16,22
111:22
91:16
gallons40:16
55:20
44:16 48:24 49:3
57:12,21,21,24
hazardous 9:6,20
foliage 123:24
128:21
69:11 72:14,17
58:1,10 63:18
10:18 11:4 24:16
follow 9:16 38:6
garbage 9:24 23:14
89:1,11,12 91:2
64:23 94:14
31:16,19 32:21
followed 32:4 44:9
gas6:8 151:12
106:22 213:4
102:18 104:13
33:16,19,39,20
89:20
gate 81:19 93:24
137:11,14 141:7
grounds 28:2
34:6 42:21 43:1
following 144:22
94:1
142:7 145:24
group 34:11,12,12
45:4 46:21,23 47:1
follows8:7 30:17
Gateway34:5
151:22 156:18
44:1 135:19
47:3 52:13 71:2
70:2 115:5 137:20
gave87:16 143:1
157:15,15
groups34:1071:8
116:6,7,10,10,11
141:22
geared 118:12
goes 38:3 120:22
growth 54:17
117:12 118:10,10
follow-up7I:4
gears98:7
132:13 145:8
guess97:3 142:17
118:16
foot 101:7 102:15
general32:2 56:3
going3:7 7:21 11:10
143:4,5,15 144:14
HAZMAT7I:11
111:15 136:10
67:7,9 124:17
12:21 15:11,17
144:15 145:15
head 15:5 114:20
143:9 147:19
generally 12:2 13:6
17:12 20:11 25:21
149:18 152:5
heading 124:21
forced 50:1
14:16 16:16 20:22
25:24 28:11 34:20
gun 81:23,24 82:1,7
headquarter 120:23
foregoing 158:8
21:12 37:20 39:4
36:16 37:7 52:19
123:5,6
headquarters 13:22
foreground 123:19
39:10 54:3 61:21
60:1 61:10 70:10
guys 50:9
health 116:4
124:6
62:5
66:3,11 67:2
73:20 75:14 81:10
heard 36:24
forgot 155:6
67:22 68:3,16
92:4,15 95:2 98:24
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hearsay 140:5,23
form 37:11 129:21
74:10 76:1,16
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half 34:15 89:24
heavily 58:2 126:19
131:1,2,3 133:20
81:24 82:13 93:7
109:21 112:14,15
90:6
126:20
138:1
98:7,13,16,18
114:6 118:18
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heavy 84:12 126:16
formation 117:23
100:12,18 104:21
120:10 125:6
hand 11:10 12:21
held 1:14 69:13
found 24:10 46:24
119:13,17 120:15
131:5 140:21
20:11 34:20 37:7
96:20 119:4
92:2 103:6
121:20 123:2,14
141:1 142:7
52:19 59:4 60:1
137:12 157:17
four3:8 12:18 36:14
125:10,11 127:5
145:16,21 146:18
61:10 65:10 73:20
158:9,14
36:15 88:1
133:16,18 134:5,7
154:20 156:18
75:14 87:14 88:1
heIp44:18 73:2
frame 128:21
135:2
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88:10 92:15 93:18
78:39,21
frames 51:6
Ceneral’s2:2 4:3
12:9,12
15:15
16:4
95:2,8,16 96:4
helps 28:15
Franklin 149:19,20
12:3 35:11,16,18
19:24 20:20 30:3
98:24 99:20
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50:5,6
free 52:10
74:11119:14
35:20,23 36:22,24
106:24 109:21
91:5 108:8
fresh 101:13 123:19
131:4
37:2 40:2 50:11
118:18 120:10
hereunto 158:16
123:21 130:10
generate 32:18,21
57:5,19 114:12
131:5,8,10,20
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freshly 123:23 124:9
60:5 75:19 92:21
gone 27:13 72:5
136:20 154:20
high 85:16 117:22
front4l:7
94:23 99:24
132:10 151:11
155:20 158:16
154:2
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130:22 135:9
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higher 101:21
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generated
5:7
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82:10 83:15,16
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84:5 85:6 86:16
38:8 53:14 60:16
government34:14
155:13
42:13,22,23,23
88:23 89:4,15,20
61:15 65:19,22
gradient 113:2,2
handle83:8 143:18
81:3 85:22 86:23
89:23 90:8 91:5,10
75:22 93:1 95:24
124:17
handled 18:10 146:2
87:1,3,16,17 89:14
92:2 94:18 105:2,6
96:10 107:4,9
graduated 30:24
handles 15:24
90:21 91:15,23
105:16 108:3
110:7,10 120:13
154:2
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92:2,5 97:9 103:7
111:24 122:13
120:24 132:5,7,18
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103:11,16,17
124:18 125:13,16
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happen 7:22 138:21
109:16 138:8
125:24 126:12,13
generation 117:12
25:13,14,22 27:1,6
155:13
143:1 145:17
127:3,10,16,19
gentleman 53:4
27:9 29:7 30:11
happened 7:15 24:7
himself 87:15
129:6,7 130:17
55:18 140:5
36:10 53:4
29:3 101:23
hinges 142:4
furnished 143:13
geology7o:15
grass83:22,23
112:16 138:11
hired 138:7
further 23:9 26:1
getting 49:24 82:6
grave 117:11
139:18,18
history 118:23
30:10 51:12 64:6
109:19 142:8
gravity6:14
happening22:11
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68:14,22 84:19
give 5:2 7:3,11
great 78:24
26:16
17:18 26:15 27:7
85:7,14 98:4
34:18 87:3 95:20
greater 6:17
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114:15 125:23
139:20 144:14
green 123:21,24
139:11 140:13
hold 10:15 31:7
7
Keefe Reporting Company
hole 26:6 53:1
immediately42: 19
informant 28:3
148:21 154:8
Jim 131:14
Homan2:3
52:2,3,5
informant’s28:10
Intent 59:17,20,23
job 119:4
home 89:11 91:5
impact5:17,24 72:8
information 13:6
60:3,15,20 61:4
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homes 109:17
90:15 94:14,19
28:7,9,12 37:17
97:7 133:24
5:6,16 12:3,15
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102:14,14,17
51:2,12 78:2 88:24
144:24
35:11 36:2 42:7
hope 144:2 156:10
105:3 108:12
133:6 142:15
interchangeable
48:5 74:11 75:8
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111:20,22 112:12
145:2 157:4
72:22 126:10
98:20 105:22
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113:2,4
informed 88:23
intermittent 124:18
106:3 107:19
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impacted 78:9 91:10 initial 134:17
125:13,16 129:6
108:2 113:13
63:1 65:2 66:22,23
105:5
108:3,18
135:19 136:7
136:3
119:14 131:17
67:19 98:2 313:18
impacts6:5
147:18
intern 31:13
137:18,23 140:14
134:21 136:19,22
improve 130:7
initially 81:4 87:10
international 33:18
142:6 152:2
hose 17:1,2,5,11
inch 143:6,8 147:19
88:13 91:7 103:21
interrupt 143:22
156:12 158:12
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144:19
intersections8s:5,5 JulyI4:675:12
hours 118:5
94:4 111:15 136:9
injection 149:8,10
88:18
76:16 77:10,16
housekeeping49:17
136:9
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introduce 139:23
79:15 81:17 83:1
houses 128:16
incidences 116:9
102:16 123:22
146:12 157:1
84:15 88:15 89:8
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incident5:22 78:5
inspected 25:19
introduced 144:8
90:14,19,24 91:3
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148:15
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94:17 98:15 99:5
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99:13,16 100:12
111:23 113:7,9
13:14,19 15:8
26:7 28:18 97:24
100:19 101:8,23
116:2,19 138:11
20:23 21:17 23:1
98:1 143:10
101:23 102:11
idea 42:12
144:19
23:22 28:24 37:13
investigations 32:16
103:1,4,14.24
identification 11:11
incidents 71:3
37:14,18,21 38:5,8 investigator 34:2
104:1,2,5,6,17
12:22 20:12 37:8
114:10 116:3,7
48:10,18 51:14
invoice 143:2,7
105:1 107:18,20
52:20 60:2 61:11
incinerator 25:20
53:10 57:14 61:14
147:20 148:4
109:15,24 110:13
65:15 73:21 75:15
53:1 55:13
61:16,17 62:17
154:21 155:15
110:16,22 112:7
92:16
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99:1
include 12:19 25:1
63:7 75:17,18,19
invoices 147:12
112:16,23 113:12
99:21 107:2
36:6 51:2,14 52:1
76:1,2,4,23 79:21
148:4,10
113:14 120:8
309:22 118: 19
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92:18 93:1 99:3,7
involved 72:6 144:2
121:7,22 122:4,5,9
120:13 131:6
99:16 116:6,8
99:23,24 100:8
involvement 157:6
127:11 129:13,21
identified 43:10
117:1
103:4 107:3,4
involving 12:3 35:11
130:6 134:11,12
156:3
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109:24 110:3,4
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142:17,20 355:18
identify 11:11 12:23
114:6,8,10 133:6
120:13,15,16,20
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156:5
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135:2 150:14
120:24
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inspections 9:6,7,16
issuance 144:24
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25:38 36:6 123:1
92:17 95:4 99:2,21 inclusion2:19
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issued 10:11 16:3,5
130:4
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incorporated
13:4,24 31:17 32:6
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110:2 118:20
136:22 137:1
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144:21
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indicate 19:9 26:13
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just 6:22 7:13 12:22
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117:9 152:14
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indicates 131:22
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158:13
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indicating 138:7
instance 51:20
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113:10 123:2
ignitable 45:23 46:1
indication 24:8
86:12 88:9 127:6
63:1,6
125:7 128:21
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individual 150:6
instances 112:3
jar43:14,15,17,18
129:3 131:6,10
IL 1:23
individuals60:5
118:16
jars43:16,16
137:24 139:19
illness 61:6
industry 34:13
instead 88:4
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144:1,6,18 146:5
imagine 10:24
129:18
instructed 24:5
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153:16,18 154:12
immediate 131:3
infectious 31:17
142:23
Jefferson 149:16
154:23 156:19,19
135:18
inform 145:7
insurance 138:9
Jenny 50:4
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8
Keefe Reporting Company
K
Larry 122:14,17,18
141:3 142:17,18
121:16 123:7,9
127:17 153:19
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last6S:9 70:9
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127:12 128:9,10
156:22
105:11106:6,7
115:22 152:5
157:15
locations72:20
management33:18
109:24 114:8
156:9
level 116:15,16,16
78:10 85:4 93:16
49:16 75:1 95:20
Kamp6:3 104:21
later26:22 69:2
118:4 136:10
124:15 129:20
95:21 132:16
106:6,7 109:24
87:12,17 88:10
levels 68:9
136:1,2,3
manager 8:24 9:2
114:8
112:17 134:20
license 1:19 154:8
locked 81:19 93:24
10:14 16:10 22:16
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lmfe9O:16 111:19
long32:8 40:9 71:12
33:17 34:7 38:1
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latitude 26:1
light 125:4,6,8
86:7 148:22
72:13 77:19
122:10
1aw28:4,5 116:15
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longers2:9 68:18
122:18 135:18
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laying90:3
lightening 81:5,14
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Manifest 52:12
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leach 126:21
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look4s:1 52:14
manifesting47:9
kept7s:22,24
leachate44:13,14
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manner3:18 19:22
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leaf 88:1,12
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leave 89:19
line 82:2 146:8
lunch 69:15,17,18
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machine 158:15
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146:15,19 147:1
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label 52:3
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literally 79:7
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109:22 118:19
labeled 18:22,24
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little22:3,19 25:24
mailed32:1 58:12
120:11 131:5,9,11
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labor 150:4
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maintain 5:18 13:18
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lack 109:15 112:6
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married 70:9
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97:7,9 128:1 131:1
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master’s31:1 70:15
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maintained 13:21
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144:13,16 145:8
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145:15,20 146:13
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majority9:6 18:5
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42:23 43:2 44:24
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located 12:9 53:2
make3:17 4:1 6:22
41:10,22 43:6,7,20
47:10 52:12 58:21
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63:5 67:6,15
155:23,23 156:2,6
105:11107:15,16
24:8 37:3 38:1
54:20,21,22 55:37
landfills 67:16
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119:22 120:23
42:21 43:1
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landscape 40:7
letters 9: 14 60:16
128:14,15 149:10
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let’s 16:15 22:19
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85:18 89:1 95:18
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104:19 105:5
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materials9:2433:17
largest34:10 82:18
126:1 137:11
108:16113:3
103:19106:12
33:19,2034:7
9
Keefe Reporting Company
46:14 116:7,10
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10
Keefe Reporting Company
125:20 128:24
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11
Keefe Reporting Company
142:24
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permit 7:18 146:3
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12
Keefe Reporting Company
poured43:15
76:5 92:22 100:1
80:15 82:13 109:2
144:18
139:7
Powell 2:14 5:23
107:5 110:4
121:14 126:19,20
reads 144:17
records 60:4 94:22
97:12 99:9,12
proceed 69:19 138:1
pursuant 3:22,23
ready 69:19
132:2 146:8
115:2,3,9 118:18
144:3 148:5
50:23 66:22 117:9
reaI29:16
recover73:3,7 80:20
124:12 130:21
proceeded 143:2
118:4 122:23
really4:18 42:13
86:10
134:10 136:16
proceedingó0:6
133:8 335:5 136:5
63:23 108:16
recoverable 126:17
143:5 146:21
141:1
pursues9:17,20,23
139:17 141:10
126:18
Powell’s 99:3,7
proceedings 1:14
60:3,1 5,20 61:4
151:23
recovered 91:8
practices 49:17
3:19 158:9,14
97:7 134:1 143:17
rear 17:11,12 68:20
104:14
prayer 6:17
process 17:8 60:7
144:24
reason 51:892:7
recovering 91:24
preliminary 4:12,13
processing 32:3
push 88:2
95:9 103:8 139:17
94:14 112:9
4:15,16
produce 26:9
put4:22,23 7:24
142:9 145:21
recovery 73:6 80:11
prepared 98:2
117:18 141:4
26:14 41:23 42:24
reasonably 146:2
86:48,20,24 87:17
present 3:10 4:17,17 produced 5:13
49:6 50:7 77:2
recall 12:16 28:20
87:24 88:3,13
5:12 8:3 26:21,23
20:22,23 60:21
84:17 86:5,7,7
58:14 66:24 97:17
109:6,7 117:10
29:5 35:1 64:19
76:10 117:21,23
94:7 131:7
98:21 105:20,22
125:19 126:5
69:1 74:4 94:10
producers 82:15
putting 108:17
113:22 128:16,19
127:7,9,11,13
119:1
138:1,16,17
149:8
112:8
133:16,24,24
129:14,19 130:2
presented 6:9 141:8
product 80:19
p.m 157:21
134:5 135:2,10
recycle 58:22
president 34:8,9
production 45:10
138:2 155:20
recycling 32:19
pressure 88:4,5,12
46:22 137:20,21
Q
receipt 37:11
58:22 63:6
67:5
pretty 36:15 91:8
123:3,4 148:20,22
quality7l:17 90:16
receipts 67:7,9
red 56:7 124:16
112:18 123:11
153:22 154:11
quantities75:3
receive45:12 60:18
redirect 156:22
142:16
products 24:17 72:8
quarter 84:8
65:1 75:4 77:20
redisposed 57:24
prevented 151:6
73:3,9
question 17:18
96:3,17 97:13
refer 12:8 35:19
previous49:2 71:14
professional 33:18
19:17 25:22,24
105:18 118:5,7
37:13 74:20
previously 11:10
158:22
26:3 28:15 65:13
132:9
reference45:15
12:21 20:11 37:7
professionals 34:13
67:17 69:3 113:10
received 11:2,3 15:9
128:21
52:19 53:11 56:3
program 117:10
questionability
16:19 20:19 22:4,5 referenced 16:19
60:1 61:10
62:23
prohibited 19:21
147:23
22:6 31:1 33:16
41:8 127:21
65:10 73:20 75:14 project 71:6
questions 8:9 25:5,8
52:24 64:35 77:18
155:18
92:15
95:2
98:24 property 7:16 27:18 25:11 27:1,9 29:8
96:19 97:18 98:34 references 133:9
99:20 107:1
27:20,21 39:24
30:6,8,10,19 68:22
105:15 109:18
referencing 124:15
109:21 118:19
68:20 109:19
69:5,8,11 70:3
134:2 136:4 143:2
128:9,9 135:19
120:10 122:12
438:11
114:15,47 115:7
143:4,10 144:4
136:24
131:5,9
proposed 144:23
131:10 137:5,7
145:8 146:11
referral 131:3
Price53:6,755:1
Protection2:4 3:13
141:17 147:23
155:24 157:4
referred
5:8,15
10:1
152:19,20,21,22
6:11 8:20 20:2
148:13,18
156:20 recently 124:3
12:24 31:8
35:15
primarily 140:23
22:9 24:15 31:5,14
156:23
receptors 130:17
56:2 68:3 143:5
priority 130:7
32:4 49:18 50:24
quite 44:4 63:19
recess 157:18
150:9
Prior’sS:6 6:16
71:16 115:17
72:5 101:5 102:5
recessed 157:20,21
referring3s:19 83:7
58:14 89:16 96:22
130:24 133:10
110:24 128:10
recognize 27:23
95:5 111:2,23
Prior-Mezo 119:19
144:13
34:21
112:2 119:22
119:21,24
proven 5:9
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recognized 24:9
139:12 147:18
privilege 28:3,10
provide 3:10 18:11
K 2:! 158:4
recollection 59:9
refinery 34:4
pro 2:6,6 26:3
32:23 130:22
railroad 54:14
97:21 105:24
reflect3s:3 118:22
proactive 90:22
provided 33:1,7,24
rain 19:12 24:11
114:1135:12
119:4
probably 70:1072:1
116:19 145:2
49:24 64:7 127:22
recommendation
reflection 94:6
111:14 124:5
provides 133:11
rainbow 125:7
95:18
refresh 59:2 121:15
128:13 144:5
proximity 79:5
rained 139:19
recommended 59:22 refreshing 59:8
145:12,17 147:13
128:14,15
rainfall85:13 88:20
87:43
105:23 113:24
149:4 157:3
PTTC 154:10,13
130:3
record 3:9,19,20 4:2
135:11
probative 340:24
public 3:10,10,10
raining 94: 12
4:12 69:12,13,34
refuse 67:8
problem 142:8
31:7 32:2 116:4
139:19
70:6 106:22
regarding 15:9
problems9l:17
158:6,21
ran 136:4,13
130:21 137:11,12
19:15 41:17
procedural 3:24
pump 80:18
rank 118:7
141:2,24 148:2
regards 9:4 10:9
procedure 44:10,13
pumping26:16
rather 136:10
152:11,13 157:10
regional 8:21,24 9:2
procedures 9:15
purchased 145:3
RCRA 11:4 117:9
157:16,17
10:14 16:10 22:16
38:643:11
51:5
purpose3:174:21
117:10
recorded 158:15
31:8,10,12 32:5,8
53:11 61:15 65:20
66:18 75:2 78:17
read 139:21 144:6
recording 138:5
33:6 38:1,3 48:7
13
Keefe Reporting Company
59:22 122:6
remediating 72:19 resident 88:24 108:7 responses 71:8
roll-off 49:6 50:7
registered 95:8
remediation 33:10
residential 109:17
responsibility 146:3
57:11,13,2467:15
158:22
71:4 90:18 102:24
128:15
147:6
room 1:15 148:14
regularly 13:24 60:4 109:14 112:6,13 Residual 58:9
responsible 13:16
158:11
60:16 94:22 95:24
113:6 116:22
residue84:13 89:5
51:1,11 81:17
Roubitchek2:5
96:11 130:22
132:8 133:19
resolutionsl:10,20
94:24 116:24
RPRI:19
132:5
remember 135:8
134:2
138:14
rubble 55:12,12
regulate 117:11
143:6
Resolutions 52:2
restored 153:5
56:2 57:3 62:19
regulated 10:8 18:8
remind 68:23
resolve 133:11
restrictions 128:19
64:5
regulation 3:14
remove 111:18
Resource 117:10
result
65:5
119:20
rules 3:23,24
44:24 49:13
removed49:5 52:15
138:10
120:14 122:5
run 45:10
regulations6:12
113:14 151:16
Resources5:21
53:5
134:16
runoff 50:16 57:22
18:9 31:1545:24 removing 109:20
55:19 118:13
results43:1 45:13
Ryan’s 145:20
49:19 51:1 66:20
112:8
122:16,20 149:1
45:18,19 46:4,18
68:1 118:5
repeatedó:1690:22
150:24 152:15
51:18 67:20 71:5
regulatory 11:7,9
replace 103:23
respectfully6:10
97:14 136:7
S1:192:1,5158:6
34:2 45:21,22
replacing 87:3
respond 5:18 6:1
resume 11:33,16
158:20
46:22
report 13:1,14 20:23
51:5,6,13 58:11
12:1 34:24 73:23
sabotage 103:9
reimbursed 87:5
61:16
65:2,5
67:19
61:3 65:13 71:2,7
118:21
sabotaged 92:10
rejected 142:22
75:4 77:17 81:4
116:2 139:22
return 20:5,9,17
safety 70:23 116:4
143:14,17
83:14,16 98:3,14
140:2 141:9
24:18 36:11 43:3
saith 8:7 30:17 70:2
rejection 144:23
105:18,20 106:1
145:22
48:1,22 52:17,23
115:5 137:20
related7l:3 72:1,2
135:3,4,5,5,7,19
responded78:4
61:8
65:6
90:24
141:22
relative 6:7 79:9
135:20,23 136:18
145:6
99:14
Saline 149:18
144:22
136:20,22,24
respondent 5:6 6:11
returned 49:1
Sally 2:3 4:3 7:6
relatively 62:16
reportable 75:3
60:8,10,14 65:3
returning 37:21
148:15
relay 78:2
reported 1:19 79:4
96:15 132:2,15
review 10:4,7,8,12
salt 72:6 82:2,4
release 5:17,18,19
81:5 94:20 105:20
136:16
15:11 31:23,24
101:6,13,22
6:1,2,547:23 52:5
108:1,2 144:19
respondents 1:11
33:10,11 36:16,19
salvage27:14
68:8,9 79:24 80:21
reporter 69:22
3:15 5:24 11:21
36:22 59:2 71:4,5
same2O:22 27:15
82:19 83:17 84:7
137:16 158:21,22
14:24 15:3 21:22
71:17 116:18
28:17,21 29:1 41:5
84:23 85:3,10
REPORTING 1:22
35:8 38:4 39:15
135:7,9
45:15 46:11 50:7
86:15 87:21 90:5
2:24 158:24
54:8 61:1 62:13
reviewed 37:24
56:12,24 57:9
90:11 92:3 94:20
reports9:13 10:4,7
66:16 68:24 77:14
140:22
65:19 73:18 83:10
306:5 112:10,13
13:7,19 31:24 71:5
93:21 101:2
reviewing9:14
92:21 105:5 112:2
121:17 122:7
75:5
81:6 116:22
107:13 110:20
revised 135:20
131:9 145:17
129:4,5 133:8,9
134:15,16,17,24
119:11 122:2
Reynolds 140:4
sample9:I5 37:11
134:16 136:11
representatives
129:22 133:2
right4:6,11 9:10,19
42:22 43:5,9,12,13
140:12 144:19,22
145:1
137:15 148:2,5
26:24 27:14 28:9
43:14,17,18 44:11
145:2,5,5,7 150:18
representing4:6 7:1
155:14
28:12 29:3,8,10
45:12,15,18,19
151:12,14 153:2
113:17
Respondent’s 3:13
34:14 36:5 39:19
46:5,13,15
51:18
released 19:12 50:6
request 6:10,15
responder 5:16 6:4
47:4,13 55:13
67:20 68:12 71:5
78:13 81:9,21,23
44:11 59:20
33:8 70:20 71:1
56:13,15 62:24
97:14 136:1,2,3,7
82:10
requested 44:12
72:13 99:10
82:7 83:21 95:17
147:19
releases5:13,14,24
132:15,16 134:18
115:20,22 117:14
301:17,19 102:5
sampled43:6
33:4 71:7 116:12
134:21 135:4
118:2,12
124:6 125:17
samples43:10,11,17
317:16 118:11,14
146:16
Responders 5:23
135:15 144:15
44:5,7 45:6 97:3
138:15
requesting 136:1,2
responding 22:1
145:23,24 357:7
133:20,20,21
releasing 82:4
requests 45:5
33:4 63:2 90:20
rights 145:3
136:6,10,15 143:7
relevance 140:15
require4s:2447:9
115:22 116:5,12
rim 18:4,5,8,11
143:8,9,9 147:19
relevant 139: 14
132:8
155:19
rims 18:7
sampling 9:14 11:3
140:11,24 345:4
required7:12 9:16
response 10:11,12
risk4l:22 57:21
43:16 44:10 97:4
145:14
10:9 51:6 72:12
19:20 33:3,6 58:14
68:7
113:19 117:3
relief6:17
75:4 98:5 145:17
58:16 59:6 71:10
river72:16,16,21,23
135:5,6 136:17
remained 48:9
requirement 118:15
71:13,21 72:17
73:13,14 86:2
337:1
62:16 82:9
150:23
75:19,21 77:17
88:19
Sangamon 8:15
remedial 113:11
requirements6:8
89:16 96:17,19,22
road 89:21 123:15
sat 148:14
129:9 134:13
137:1
97:1,2 117:5
123:16,18 124:17
saw 57:7 88:10 89:3
remediated 29:20
rescheduled 61:7
119:20 142:19
rock 83:24
108:8,22 124:14
67:3 134:8 153:4
residence 107:17
146:9,9,10
156:3
roll
77:5,5
127:11329:19
14
Keefe Reporting Company
saying7:7,20 119:21
44:4,14
show7:8 11:16
154:20,23 155:17
84:17 86:5 87:2
says 26:18 95:12
send 13:15,16 50:19
14:11,16 16:23
155:17,20
95:18 101:13,17
104:2 107:20
senior3l:7 115:20
17:3,10,13 21:7,12 sites3l:18 132:7
120:19 121:12
139:7 145:9 155:1 sense 25:24
23:5,19 26:10
143:24
123:18 124:4,9,16
155:3 156:10
sentsl:23 59:7,18
38:22 39:4,1041:3 sitting26:12
124:20,21,22,22
school8:12 11:4
59:21,23 60:9,10
41:1446:4 53:22 situation 156:7
125:7,7,8,8 126:2
30:22 70:12
63:5,667:5,695:7
54:3,19 56:1,11,17 six 111:3 153:14
126:13 127:2,4,4
115:10 154:2
95:10,15,16,22
56:19 61:24
62:5
size 87:21,23 112:10
127:21,23 128:2,3
schooling 154:6
96:6,21,22 97:7,9
66:6,11 67:22
112:11,13
133:9,11 134:9
science 30:2431:2
132:1 143:11
73:2476:1979:16 sketch
14: 14,16,19
135:4,6 136:7,14
70:14,15 115:12
151:12,13,14
83:3,10,21 89:8,9
21:10,12 39:1,4,7
139:17 141:7
scraped 50:7
separate 5:13 82:3
89:24 93:10
54:1 62:3 65:17
142:9,23
scratch 102:2
separates 82:2
100:15,21 101:11
66:9,11
someone 127:2,4
screenings 67:23
separator 123:6
109:2 121:9
skirted 72:23
something 23:13
scum 90:9
September 1:14
123:13 139:3
slabs 55:14
26:6 75:18 97:20
se2:6,6 26:1
92:12,19
93:5
147:16
slang 123:6
139:7 153:18
Seal 158:17
144:22
145:9
showed46:9 67:23
slight 133:7
154:15 155:3
sealed 44:7
158:10,17
shower 122:24
slow 73:2
sometime 54:16
search 106:19
serious 112:11
showers 127:22
slowly 112:14,15
152:5
seat 6:21
serve 28:8 34:7,11
showing 9:12,14
small 25:1978:8
sometimes 123:15
second 5:19 95:9
78:17 80:16
52:8
105:16 123:9
125:4 132:11,11
139:9 140:7,10,11
121:14 126:19
shown 17:8
smaller 73:14
somewhere 29:22
143:6 144:17
served 32:8
shows 16:24 17:4,11 smash 88:3
son 138:13
155:13
156:2,5,9
serves 50:24 126:20
17:14 41:4,15 56:2 smell 80:1
soon 142:12
secretary34:9
service3l:7 33:7
56:13,18,20,23
Smith 108:7
sooner 128:13
section32:3 50:23
serving8:24 10:14
79:17 83:4,5,11,13 smoke22:24
sorry25:12 37:2
51:5,9,10
60:7
34:8
93:16 94:1,6,7,8
smoking23:1
60:14 64:4 65:13
71:17 131:3
sessions 154:10,18
101:12,13,16,16
smoldering22:22
151:13,24
Sections 3:23
set 60:14 61:5
103:13
23:22
sort 10:7 13:2 31:23
sediment 97:14
158:16
side 52:6 57:4 86:9,9 soaked 58:7
40:12 72:9,10
133:21 136:3
seven 31:12 71:13
101:17,19 124:6
Society 34:6
80:11 81:13 82:13
see 14:5 23:16 26:12
95:9
sidewall 127:23
soil4I:15,20,21
85:17 95:18 133:6
28:15 46:6
55:9
several 33:19 34:1
sidewalls 127:16,20
47:23 50:14 57:9
sounds 36:5
58:5 63:19 64:3
35:14 45:19 74:14 sight49:10
57:12,12,22 58:1
source 94:16 104:16
68:21 80:22 83:22
74:16,23 90:22
signed 138:16
58:20 59:15 62:18
112:22 134:10
84:12,12,22 85:9
92:4 94:4 98:8
152:22
63:12,17 64:1,18
south 54:13
55:10
85:17 86:11,33,14
142:5,14 145:7
significance 18:7
64:24 67:4 68:18
128:16 136:1
86:18 87:10,12
150:17 154:10
46:18,19 125:3
68:19 80:7 86:6
southeast 128:17
88:9,12,17,1990:2 Sewer 90:8 94:18
significant 122:21
90:15 91:9,9,12
southern 31:1,2
94:19 99:5 104:10
111:20 128:2
similar20:15 23:9
97:3,4,13,14
70:13,15 115:13
104:19 108:24
130:18
133:23
101:17,19,21
115:23 117:20
110:13,24 113:6,7
shaded 111:6,9
simply 19:18 28:7
102:3,5,14 109:13
southwest49:10
111:7,9,14 113:2
shaft 15:10 16:18,24
69:3
423:19,23 124:10
52:6 129:7
124:7,8,16,20,23
17:5,6,12,19 20:3
since 11:132:7
124:20 125:8
speak 108:7,8
125:6 127:1,9,13
25:15,16,17 26:6,8
33:14 34:17 46:21
130:10 133:20
145:10
128:7,8 140:14
26:18 29:18
47:7 48:9 49:24
136:3
speaker 146:24
142:17,18 143:13
Shakes 15:5 114:20
62:16,19 72:3 82:3 soils 126:6
speaking 119:18
147:2,8,15 153:6
Shamo68:14
82:3 101:23
sold 7:17 142:6
121:20 127:5
153:12 154:24
sheen 125:7
117:24 134:14
150:18
128:1 143:23
155:3,7,14
sheet73:1 139:9
136:12 145:24
solid9:21,22 30:1
special43:11 47:5,9
seeing 135:8
shipment44:8
154:5,6
157:6,7
10:21 31:16,16
52:11,11
seek 6:12 37:3468:5
shop 29:24 49:10
Singen 48:5
47:6
specialist 71:16
93:35 156:14
50:952:6,14 53:2
siphon 86:2,4,5,11
solidified 52:10
143:12
seeking 28:7 147:11
short33:797:2
86:13,14 126:8,9
solidify 33:2
specific 18:9
seem 143:15
106:21 114:23
sir9:9 16:21 17:16
some4:17 11:7 12:6
specifically5l:2
seemed 90:20 146:5
shorthand 158:15
20:21 23:23 30:23
15:9,9 22:5 23:15
63:14
seen 14:24 27:3
158:21
49:15 63:15
24:5 26:9,21 33:5
specificity 140:9
85:24 156:17
shortly 76:1
120:12 137:4
34:5 41:9 44:21
speed 79:11
seminars 154:18
shot4l:6
148:18 149:15
45:7 55:12 56:13
spells 51:5,7
semi-volatile43:17
shovels 88:3
151:7 153:6 154:6
56:15,21 72:4
spill 7:15,19 30:2
Keefe Reporting Company
72:5,6,9,11,18,19
48:16 67:3 81:4
study 142:24 147:18
70:1 115:4 137:19 tanker 16:17 55:21
73:18 74:22,23
83:16 92:9 97:2
stuff 9:24 44:21
55:22,23 56:18
78:14 87:23 103:8
145:20
151:18
T
tanks 82:3 123:5,8
105:16 112:15,16 statement
5:2
7:4,11 submission 135:2! T 158:4,4
139:1 151:31
112:18,20 113:3,4
19:17 138:24
submit 10:12 52:8
table 6:21
tape44:8 138:5
126:15 127:14
State’s6:17,18
67:7 113:19
table-top 72:14
139:7
129:3 136:7,9
146:9
134:23
TACO 68:3,5,6,10
target45:1
140:8 142:5,10,13
stating 64:15
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Keefe Reporting Company
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Keefe Reporting Company
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vacuum 80:12,13,16
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Keefe Reporting Company
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41 115:23
144:13
83:21,23 114:21
1950 154:4
133:1,4
42 128:23
wronglyl45:lS
128:5,6
1975115:15
21st78:1,!2158:17
43131:3
10th98:1
1980 148:23
210 82:8
44th 4:22
X
100 54:13 55:10
1983 8:18
22 155:23 156:14,18
X2:7 43:11
72:1,2
1988 31:1
22nd 38:15 39:2,22
5
Xylene46:16
101 1:15 158:11
199032:7,11 318:15
48:9,17,18 76:16
519:623:1634:21
X201 43:32,13
101.600 3:23
1993 31:3
77:10,16,21 81:18
35:7,9 56:19,24
101.632 3:24
1995 33:16
83:1 84:15 88:15
89:8 111:2,4
Y
104 36:22,24
1996 14:6
89:8 90:14,19
114:21 124:19,24
yards 42:4
111:2275:1577:13
1997 76:4,17 88:15
99:16 100:4,6,9,11
125:1,12
yeah4:21 15:13,23
77:15 84:1,4,11,13
89:8 92:13 98:17
100:13,16 101:4
SthS2:17,22,23
24:10 47:17
84:19
98:19 120:9
102:12 103:1
53:10,17,23 54:12
101:21 102:5
11th92:13,19 93:5
144:21 155:19
104:1,5
57:19 61:17 62:17
104:7,10 114:14
93:23 143:9
156:6
224 98:10 419:23
5072:!
144:14,15 145:12
112 107:17
1997-01058 131:14
23 115:21 148:23
5982:9
145:19 149:10
115 2:15
1998 135:20,21
153:22
151:18,21 153:18
12 56:10 57:3 73:2
144:22
23rd43:3
6
153:19 154:2
73:15 84:1,3,11,12 1998-00071 131:17
24th 109:24 110:13
617:1023:1646:17
155:2,6 156:1,17
84:13,20 92:16
1999 134:1 144:12
110:22 112:7,17
52:20 54:7,9 57:17
yearos:8,9,12,14
93:18,22 103:13
148:3
112:20
89:24 90:2 113:15
71:24 72:2 134:3,3 12th 59:16 67:1
24/7/365 115:24
135:20 136:9,9
134:22,23,24
114:5 136:23
2
252:10
143:6,8 144:12
136:18 152:4,5
142:21 144:21
21:15 12:22 14:23
26th 113:15
147:19
154:7
12:40 69:16
15:7 18:18 23:5
2882:9
6th 144:5,15 148:3
years9:t 10:16 32:9
12:45 69:19
41:5,6,7 43:11
28th 79:15 90:24
60149:4,5
71:14 115:21
120 118:5
46:16 54:19,22
91:3,6,17,21 100:7 62226 1:23
117:4,5 119:2,5
126 55:39
86:7 94:7 101:10
300:9,19 103:4,14
148:23 153:22
1384:1595:3,13
101:15 136:8,10
103:24 104:2,6
7
154:8
96:14,16 106:11
136:10 143:9
105:1 113:13
723:1840:1060:2
yellow 83:8 84:14
106:16
147:19 148:5
29th48:1 144:22
60:24 61:2 83:10
111:8
13th 14:6 19:13,24
154:20 155:14
145:9
89:24
25:18
158:11
7th76:4
0
1372:16
2-ounce43:16
3
702:1340:16
088:14 136:9
13945:20 47:14
2040:960:1474:22
318:1823:837:8
01 43:42
149:1 56:17,18 95:3
78:8 103:13
39:14,16,20 41:11
8
02-177 1:6 3:3
95:15 96:44,16
115:22 117:4,5
56:1963:2482:24
8 2:10 17:43 23:49
084-004316 1:19
106:11,16
131:6,11,13,22
86:7 124:6
43:7 61:11 62:12
158:23
14th 52:7,16 142:18
132:18 133:1,3
3rd 21:2 22:20
62:14 83:12
142:20 155:18
20-yard 49:6
24:14 143:3
126:14,23
1
156:5
20010:20117:18
3:45157:21
8th66:4
111:11,20 12:1
140 12:9 35:20,22
123:5,7
302:32 60:14 78:8
SOs 117:11
16:21 23:541:1,6
37:240:245:21
200020:5,9,1821:2
30th49:2 61:8,13,19
43:12 54:19,22
141 2:17
21:13 24:19,23
62:1,6 123:1 130:4
63:14,15 88:14,18
1482:17
28:23 36:1238:15 30-gallon49:l1
965:11,1666:15,17
94:1 101:10,10
15 99:1 120:11
38:17 45:16 48:2
300 108:18
83:20,22 126:14
103:24 104:17,22
122:1,3
50:11 52:7,16,17
3132:350:2351:5
126:24 157:19
119:22 122:6
15th 1:14 158:9
52:22 53:10,12
60:7 82:10
9-ounce43:18
123:13,15 324:15
15-yard 67:14
57:7,14 61:16,17
31st 38:17 39:8
90138:14
325:11 144:18
150 42:4
97:19 98:1 107:18
48:14,22,2449:3
9612:1920:16,23
148:2 150:10,11
15534:15
110:16 112:16
312 105:11
28:18,20 36:6
Is 104:3
157 158:8
2001 59:14,16 61:8
32-ounce43:14,15
9775:12 90:24
93:5
1st98:15
99:5,13
1699:21 103:1,3
61:13,19 63:1,6
43:17
94:17 98:15 99:5
101:8,23 120:9
16th 158:9
2002 153:7
100:13,19 101:23
121:7,22 122:4,5,9
17 107:1,12,14
2003 1:14 25:1
4
104:17 121:7
127:11129:13,21
18109:22 110:19,21
29:15 66:4 67:1
417:3,820:1221:21
142:18,21
130:6 134:11,12
18th 143:12 153:7
68:16 113:23
21:23 23:12,16
9711959 145:5
19
Keefe Reporting Company
Keefe Reporting Company
20
