Lisa Madigan

NI"IORNEYGFNERAI,

The Honorable Dorothy Gunn

Illinois Pollution Control Board

James R

. Thompson Center, Ste . 11-500

100 West Randolph

Chicago, Illinois 60601

Dear Clerk Gunn :

Enclosed for filing please find the original and ten copies of a Notice of Filing, Complainant's

Response to Respondent's Motion for Summary Judgment and Complainant's Cross Motion for

Summary Judgment in regard to the above-captioned matter

. Please file the originals and return

file-stamped copies to me in the enclosed, self-addressed envelope

.

RECEIVEDCLERK'S

OFFICE

2 9 2002

OFFICE OF

STATE

THE

OF

ATTORNEY

ILLINOIS

GENERAL

STATE OF ILLINOIS

Pollution Control Board

March 27, 2007

Re :

People v

. CSX Transportation, Inc .

PCB No

. 07-16

Thank you for your cooperation and consideration .

Very tru ours '

risten Laughridge Gale

Environmental Bureau

500 South Second Street

Springfield, Illinois 62706

(217) 782-9031

1001 East Main, Carbondalc, Illinois 62901 • (618) 529-6400 •

TTY: (618) 529-6403 • Fax : (618) 529-6416

KLG/pp

Enclosures

500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090 • TTY: (217) 785-2771 •

Fax : (217) 782-7046

100 West Randolph Street, Chicago, Illinois 60601 • (312) 814-3000

•

TTY: (312) 814-3374 •

Fax: (312) 814-3806

---

PEOPLE OF THE STATE OF

ILLINOIS,

vs.

Complainant,

CSX TRANSPORTATION, INC ., a

Virginia corporation,

500 South Second Street

Springfield, Illinois 62706

217/782-9031

Dated : March 27, 2007

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Respondent .

NOTICE OF FILING

To:

David L . Rieser

Jeremy R

. Hojnicki

McQuire Woods, LLP

77 West Wacker Drive

Suite 4100

Chicago, IL 60601

PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution

Control Board of the State of Illinois, COMPLAINANT'S RESPONSE TO RESPONDENT'S

MOTION FOR SUMMARY JUDGMENT and COMPLAINANT'S CROSS MOTION FOR SUMMARY

JUDGMENT, copies of which are attached hereto and herewith served upon you

.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN,

Attorney General of the

State of Illinois

CLERK

MA,'? 2 y 2007

Pollution

STATE OFControl

ILLINOISBoard

1

MATTHEW J . DUNN, Chief

Environmental Enfo cement/ bestos

Litigation Div

BY: ISTEN

r

LAUGHRIDGE GALE

Assistant Attorney General

Environmental Bureau

---

CERTIFICATE OF SERVICE

I hereby certify that I did on March 27, 2007, send by First Class Mail, with postage

thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy

of the following instruments entitled NOTICE OF FILING, COMPLAINANT'S RESPONSE TO

RESPONDENT'S MOTION FOR SUMMARY JUDGMENT and COMPLAINANT'S CROSS

MOTION FOR SUMMARY JUDGMENT

To :

David L . Rieser

Jeremy R

. Hojnicki

McQuire Woods, LLP

77 West Wacker Drive

Suite 4100

Chicago, IL 60601

and the original and ten copies by First Class Mail with postage thereon fully prepaid of the

same foregoing instrument(s)

:

To :

Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

Suite 11-500

100 West Randolph

Chicago, Illinois 60601

A copy was also sent by First Class Mail with postage thereon fully prepaid to

:

Carol Webb

Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

Springfield, IL 62794

This filing is submitted on recycled paper

.

sten Laughridge Gale

ssistant Attorney General

---

BEFORE THE ILLINOIS POLLUTION

CONTROL BOARD

CLERK'S

RECEIVEDOFFICE

PEOPLE OF THE STATE OF ILLINOIS, )

MAR 2

V

2007

Complainant,

STATE OF ILLINOIS

)

Pollution Control Board

vs.

)

No . PCB 07-16

(Enforcement)

CSX TRANSPORTATION, INC ., a

)

Virginia corporation,

)

Respondent .

)

COMPLAINANT'S RESPONSE TO RESPONDENT'S MOTION

FOR SUMMARY JUDGMENT

Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney

General of the State of Illinois ("People"), pursuant to Supreme Court Rules 191 and 192,

Section 2-1005 of the Code of Civil Procedure, 735 ILCS 5/2-1005 (2004), and Section 101

.516

of the Board's Procedural Rules, 35 III

. Adm . Code 101

.516, and at the request of ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY ("Illinois EPA") hereby responds to Respondent's,

CSX TRANSPORTATION, INC, Motion for Summary Judgment

. In support of this Response,

Complainant states as follows :

I .

INTRODUCTION

On September 12, 2006, the People filed a three-count Complaint against the

Respondent alleging violations of the Illinois Environmental Protection Act

("Act"),

415 ILCS 5/1-

58 (2004), due to a release of 400-500 gallons of diesel fuel at Respondent's Rose Lake Yard

facility

. On November 15, 2006, Respondent answered the People's complaint

. On February

26, 2007, Respondent filed its motion for Summary Judgment

. The People received the

Respondent's motion on March 2, 2006, therefore, the People's response was due on March

1

---

16, 2006

. However, the People and the Respondent agreed to extending the Response date

until March 30, 2006 in the March 12, 2006 status hearing

.

Respondent has failed to identify all undisputed facts in its motion, although, they are

included as exhibits

. The People agree that there is not a material issue of genuine fact, but

that the additional information not included in Respondent's motion shows that Respondent

violated the Act

. The People have also filed a Cross Motion for Summary Judgment as a

separate motion

. The People ask that the Board deny Respondent's motion for summary

judgment because it failed to identify all undisputed facts, subsequent compliance is not a bar

to finding a violation, and the State is not barred by equitable estoppel

.

II

. STANDARD FOR SUMMARY JUDGMENT

The purpose for summary judgment is to determine whether a genuine issue of fact

exists .

Colvin v. Hobart Bros ., 189 III

.Dec. 407, 620 N .E . 2d 375, 156 111

.2d 166 (1993) . A

motion for summary judgment will be granted when the pleadings, admissions and affidavits

reveal that there is no genuine issue as to any material fact and that the moving party is entitled

to judgment as a matter of law

. 35 III . Adm

. Code 101 .516 . See also,

Northern Illinois

Emergency Physicians v

. Landau, Omahana & Kopka, Ltd.,

216 111

.2d 294, 305, 837 N .E .2d 99,

106 (2005)

. While summary judgment is an expeditious method of disposing of a lawsuit, it

should only be allowed when the right of the moving party is clear and free from doubt

. Colvin,

189 III .Dec . at 169-170

. The court must consider

all

the evidence before it strictly against the

movant and liberally in favor of the nonmovant

. Id,

emphasis added

. When considering the

pleadings, depositions, admissions, exhibits and affidavits on file, a court must construe them

strictly against the movant and liberally in favor of the opponent and enter a summary judgment

only when the right of the moving party is clear and free from doubt

. Wilder Binding Co. v. Oak

2

---

Park Trust and Sav. Bank, 135 111

.2d 121, 552 N .E.2d 783, 142 III

.Dec. 192 (1990).

III

. STATEMENT OF UNDISPUTED FACTS

1 .

On July 9, 2004, 400 to 500 gallons of diesel fuel was released at the CSX Rose

Lake Yard located at 3900 Roselake Road, East St

. Louis, St

. Clair County, Illinois .

(Respondent's MSJ) .

2.

On July 9, 2004, Respondent retained Hulcher Professional Services, Inc

.

("Hulcher") to respond to the 400-500 gallon diesel fuel spill

. (Respondent's MSJ)

.

3.

On September 29, 2004, Hulcher submitted to CSX a Proposal to Delineate and

Remediate Diesel Impacted Soils, Ballast at the CSX Rose Lake Yard ("diesel spill site")

.

(Admitted, Respondent Answer, Count 1, par

.5 and Exhibit B of Respondent's MSJ)

.

4.

The Background Carcinogenic Polyclyclic Aromatic Hydrocarbons

("PAH")

95'h

Percentile Concentrations for St

. Clair County are in Section 742, Appendix A, Table H, 35 III

.

Adm

. Code Section 742, Appendix A, Table H attached as Exhibit 1

.

5.

On October 19, 2004, Hulcher returned to the fuel spill site to implement the

September 29, 2004 proposal

. (Exhibit A of Respondent's MSJ, page 3

.)

6 .

On October 20, 2004, after fluids were removed from the trenches, Hulcher

collected six confirmatory soil samples

. Four soil samples (S1, S3, S4, and S6) were collected

from the bottoms of the excavations and two soil samples (samples S2 and S5) were collected

from the sides of the excavations

. Soil sample S7 was collected from the rolloff box for waste

profiling purposes

. The samples were analyzed for PAHs and Volatile Organic Compounds

.

(Exhibit A of Respondent's MSJ, page 4)

.

7.

The results of the Hulcher samples are shown in Table 2 and Appendix C of

Exhibit A of Respondent's MSJ

. The results showed that one soil sample, S4, taken from the

3

---

bottom of the excavations on the southeast side contained

PNAs in exceedance of the

Background contamination of St . Clair County, specifically benzo(a)pyrene,

benzo(b)fluoranthene, and indeno(1,2,3-cd)pyrene . Furthermore, S4 exceeded the Tier 1 soil

remediation objective for industrial/commercial ingestion for benzo (a) pyrene, which is 0 .8

mg/kg, 35 III

. Adm . Code 742, Appendix B, Table B . Soil sample S4 contained 3 .2 mg/kg of

benzo(a)pyrene . (Respondent's exhibit A, Table 2 and

Appendix C, p . 6)

.

8.

On August 2, 2005, Arcadis collected five soil samples and installed five

monitoring wells at the diesel spill site . Respondent's

Exhibit C . The geology of the site

consists of silty sand to a depth of 2 to 6 feet, which is underlain by clay and silty clay to a depth

of sixteen feet . Respondent's Exhibit C, p . 4. Groundwater was found between 2 to 5 feet

below level surface ("bls") . (Respondent's Exhibit C, p

. 4) .

IV. 400-500 GALLONS OF DIESEL FUEL WERE RELEASED IN VIOLATION

OF THE ACT

Respondent cherry-picked and misled in the presentation of the facts in its motion for

summary judgment . Fortunately, Respondent attached as exhibits most of the relevant facts

.

Respondent admits in its motion for summary judgment, that it released 400-500 gallons of

diesel fuel at the CSX Rose Lake Yard . Even after the Hulcher response actions,

contamination remained in the soil at the diesel spill site . Both Table 2 and Attachment C of

Exhibit A of Respondent's motion show contamination remained at the diesel spill site

.

Soil

sample S4 showed contamination for benzo(a)pyrene,

benzo(b)fluoranthene, and

indeno(1,2,3-cd)pyrene . Furthermore, soil sample

S4 exceeded the Tier 1 soil remediation

objective for industrial/commercial ingestion for benzo (a) pyrene, which is 0 .8 mg/kg . 35 111 .

Adm . Code 742, Appendix B, Table B

. Soil sample S4 contained 3 .2 mg/kg of benzo(a)pyrene

.

As stated in Respondent's motion, no additional remediation activity occurred at the site after

4

---

the confirmation soil samples showed a pollutional impact for over 9 months, The geology of

the site shows that groundwater is found at 2 to 3 feet bls and the soil is silty sand . The

contamination remained in the silty sand with a groundwater level of only 2 to 3 feet for over 9

months, thereby causing or threatening water pollution

and creating a water pollution hazard .

Additionally, the Respondent open dumped because pollution remained in the soil for over 9

months. Additional discussion on how Respondent violated

the Act is contained in the People's

Cross-Motion for Summary Judgment filed with this Response .

Respondent's exhibits show the

opposite of what is claimed in the motion for summary judgment ; that Respondent caused

water pollution, created a water pollution hazard and open dumped in violation of the Act .

Therefore, Respondent's motion for summary judgment must be denied .

V. SUBSEQUENT COMPLIANCE IS NOT A BAR TO FINDING A VIOLATION

Subsequent compliance is not a bar to finding a violation . Section 33(a) of the Act

states "It shall not be a defense to findings of violations of the provisions of this Act, any rule or

regulations adopted under this Act . . . or a bar to the assessment of civil penalties that the

person

has come into compliance subsequent to the violation" except where an applicable statute of

limitations bars the action . 415 ILCS 5/33(a) (2004) . The Board has repeatedly held that

subsequent compliance is not a defense for finding a violation . See People of the State of

Illinois v. QC Finishers, Inc ., PCB 01-07 (July 8, 2004), People of the State of

Illinois v . Chevron

Environmental Services Co ., PCB 02-03 (Nov. 6, 2003), People of the State of Illinois v

. Marc

Development Corp. and Silver Glen Estates HomeOwners' Assoc ., PCB 01-150 (July 26, 2001) .

In fact, in People v. QC Finishers, the Board stated "The issue then is not whether subsequent

compliance excuses prior violations . It does not

." PCB 01-07 (July 8, 2004), p . 15 .

Furthermore, in Modine Manufacturing Co . v. Pollution Control Board, 193 III

.App .3d 643, 549

5

---

N .E

. 1379 (1990), Modine made the same contention as the Respondent, that the imposition of

a penalty would not aid in the enforcement of the Act because they were no longer in violation

at the time the complaint was filed

. The Court in that case declined to hold that penalties may

not be imposed for wholly past violations

. Id at 648

. The issue before the Board is not whether

the Respondent eventually remediated the release, but whether the respondent violated the Act

when it released 400-500 gallons of diesel fuel threatening water pollution, creating a water

pollution hazard, and open dumping waste

. Therefore, the Respondent's claim regarding

subsequent compliance prior to filing of the People's complaint must be denied

.

VI . THE STATE IS

NOT ESTOPPED

FROM CLAIMING A VIOLATION OF

THE ACT

Any claim implied or otherwise inferred that the State is estopped from claiming a

violation of the Act by attaching statements made by an Illinois EPA investigator has no merit

.

Applying the doctrine of estoppel against the government may impair the government from

discharging its governmental functions and may jeopardize valuable public interests

. Brown's

Furniture, Inc . v .

Wagner, 171 111 .2d 410, 665 N

.E .2d 795 (1996)

. A party seeking to estop the

government must show that the government made a misrepresentation with knowledge that the

misrepresentation was untrue

. Medical Disposal

Services, Inc. v

. Environmental Protection

Agency, 286 III

.App .3d 562, 677 N .E .2d 428 (1st Dist

. 1997), People of the State

of Illinois v.

Panhandle Eastern Pipe Line Co

., PCB 99-191 (November 15, 2001)

. In this case, Ms

.

Vierrege did not make any misrepresentations to the Respondent regarding the final sample

results at the disposal site

. Therefore, any assertion that the State cannot claim a violation of

the Act must be denied .

6

---

VII . CONCLUSION

Respondent released 400-500 gallons of diesel fuel into the environment

. Respondent's

Exhibit A shows contamination remained in the soil at the diesel spill site until the next time

Respondent returned to the site over 9 months later

. Subsequent compliance to a violation is

not a defense for finding a violation and any claim of equitable estoppel has no merit

.

Therefore, Respondent is not entitled to judgment as a matter of law

.

WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, by Lisa Madigan,

Attorney General of the State of Illinois, hereby respectfully requests that the Motion for

Summary Judgment filed by Respondent be DENIED

.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS,

ex rel.

LISA MADIGAN,

Attorney General of the

State of Illinois

500 South Second Street

Springfield, Illinois 62706

21,

DatedD778

:

21

2I/o

BY.

MATTHEW J . DUNN, Chief

Environment Enforcement/Asbestos

ation Division

RISTEN LAUGHRIDGE GALE

Environmental Bureau

Assistant Attorney General

7

---

Section 742 .APPENDIX A

: General

Section 742.TABLE

H Concentrations of Polynuclear Aromatic Hydrocarbon Chemicals in

Background Soils

(Source

: Appendix A, Table H renumbered to Appendix A, Table I and new Appendix A, Table

H Added at 31 111 . Reg

. 4063, effective February 23, 2007)

Section 742

.APPENDIX A General

Section 742

.TABLE I Chemicals Whose Tier I Class I Groundwater Remediation Objective

Exceeds the I in 1,000,000 Cancer Risk Concentration

EXHIBIT

I_t

Chemical Name

Chicago'

mg/kg

Metropolitan

Areasb

(mg/kg)

Non-Metropolitan

Areas'

(mg/kg)

2-Methylnaphthalene

-----

0

.14

0.29

Acenaphthene

0.09

0

.13

0.04

Acenaphthylene

0.03

0 .07

0 .04

Anthracene

0.25

0 .40

0.14

Benzo(a)anthracene

1 .1

1 .8

0 .72

Benzo(a)pyrene

1

.3

2.1

0 .98

Benzo(b)fluoranthene

1 .5

2.1

0 .70

Benzo(g,h,i)perylene

0.68

1 .7

0.84

Benzo(k)fluoranthene

0.99

1 .7

0.63

Chrysene

1 .2

2.7

1 .1

Dibenzo(a,h)anthracene

0.20

0

.42

0.15

Fluoranthene

2.7

4 .1

1 .8

Fluorene

0.10

0 .18

0.04

Indeno(1,2,3-c,d)pyrene

0.86

1 .6

0.51

Naphthalene

0.04

0 .20

0.17

Phenanthrene

1 .3

2 .5

0.99

Pyrene

1 .9

3 .0

1 .2

a

Chicago means within the corporate limits of the City of Chicago

.

b

Metropolitan area means a populated area, as defined in Section 742

.200, (other than the City

of Chicago) that is located within any county in a Metropolitan Statistical Area listed in

Appendix A, Table G, footnote a

.

Non-Metropolitan area means a populated area, as defined in Section 742

.200, that is not

located within any county in a Metropolitan Statistical Area listed in Appendix A, Table G,

footnote a

.

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

COMPLAINANT'S CROSS MOTION FOR SUMMARY JUDGMENT

Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney

General of the State of Illinois ("People"), pursuant to Supreme Court Rules 191 and 192,

Section 2-1005 of the Code of Civil Procedure, 735 ILCS 5/2-1005 (2004), and Section 101

.516

of the Board's Procedural Rules, 35 III

. Adm . Code 101

.516, and at the request of ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY ("Illinois EPA") hereby moves for Summary

Judgment against the Respondent, CSX TRANSPORTATION, INC

. In support of this Motion,

Complainant states as follows :

I .

INTRODUCTION

On September 12, 2006, the People filed a three-count Complaint against the

Respondent alleging violations of the Illinois Environmental Protection Act

("Act"), 415 ILCS 5/1-

58 (2004), due to a release of 400-500 gallons of diesel fuel at Respondent's Rose Lake Yard

facility

. On November 15, 2006, Respondent answered the People's complaint

. On February

26, 2007, Respondent filed its motion for Summary Judgment

. Respondent failed to identify all

undisputed facts in its motion, although, they are included as exhibits

. The People agree that

1

PEOPLE OF THE STATE OF ILLINOIS, )

CLERKED

MAR

2

:2907

Complainant,

Vs,

)

pollution

STATE OF

ControlILLINOIS

)

No

. PCB 07-16

Board

CSX

TRANSPORTATION, INC., a

)

Virginia corporation,

)

Respondent

.

)

(Enforcement)

---

there is not a material issue of genuine fact, but that the additional information attached to

Respondent's motion as exhibits and attached herein shows that Respondent caused water

pollution, created a water pollution hazard and open dumped, in violation of the Act . Therefore,

the People ask that the Board enter summary judgment in favor of the People of the State of

Illinois and schedule a hearing to determine a penalty under Section 33 and 42 of the Act, 415

ILLS 5/33, 42 (2004) .

II . STANDARD FOR SUMMARY JUDGMENT

The purpose for summary judgment is to determine whether a genuine issue of fact

exists . Colvin v . Hobart Bros., 189 III .Dec . 407, 620 N .E . 2d 375, 156 111 .2d 166 (1993) . A

motion for summary judgment will be granted when the pleadings, admissions and affidavits

reveal that there is no genuine issue as to any material fact and that the moving party is entitled

to judgment as a matter of law

. 35 III . Adm . Code 101 .516 . See also, Northern Illinois

Emergency Physicians v. Landau, Omahana & Kopka, Ltd ., 216 111 .2d 294, 305, 837 N .E .2d 99,

106 (2005) . While summary judgment is an expeditious method of disposing of a lawsuit, it

should only be allowed when the right of the moving party is clear and free from doubt . Colvin,

189 III .Dec . at 169-170 . The court must consider

all the evidence before it strictly against the

movant and liberally in favor of the nonmovant

.

Id,

emphasis added . When considering the

pleadings, depositions, admissions, exhibits and affidavits on file, a court must construe them

strictly against the movant and liberally in favor of the opponent and enter a summary judgment

only when the right of the moving party is clear and free from doubt . Wilder Binding Co. v. Oak

Park Trust and Sav . Bank, 135 111.2d 121, 552 N.E .2d 783, 142 III .Dec. 192 (1990) .

By filing cross-motions for summary judgment, the parties invite the court to determine

the issues as a matter of law and enter judgment in favor of one of the parties . State Farm Mut.

2

---

Auto. Ins . Co . v

. Coe, 367 III .App .3d 604, 855 N .E.2d

173, 305 III .Dec

. 282 (1st Dist ., 2006) .

The court must determine for itself, nevertheless, that there are no factual issues sufficient to

preclude summary judgment, after which the court may determine the issues presented as

questions of law

. General Cas. Co . of Illinois v

. Carroll Tiling Service, Inc .,

342 III .App .3d 883,

796 N .E.2d 702, 277 III .Dec

. 616 (2nd Dist ., 2003)

. Where there are no disputed fact

questions, nor differing inferences which may be drawn from undisputed facts, summary

judgment is proper .

M. Ecker & Co. v. LaSalle

National Bank, 268 III .App.3d

874, 645 N .E .2d

335, 206 III .Dec. 330 (1st Dist .,1994) .

Ill

. STATEMENT OF UNDISPUTED FACTS

1 .

On July 9, 2004, 400 to 500 gallons of diesel fuel were released at the CSX

Rose Lake Yard located at 3900 Roselake Road, East St

. Louis, St

. Clair County, Illinois .

(Respondent's MSJ) .

2.

On July 9, 2004, Illinois Emergency Management Agency (IEMA) Incident

Report, #20040957, was reported to Illinois EPA

. (IEMA Incident Report attached as People's

Exhibit 1 and affidavit of Cheryl Cahnovsky)

.

3.

On July 9, 2004, Respondent retained Hulcher Professional Services, Inc

.

("Hulcher") to respond to the 400-500 gallon diesel fuel spill

. (Respondent's MSJ) .

4 .

On September 29, 2004, Hulcher submitted to CSX a Proposal to Delineate and

Remediate Diesel Impacted Soils, Ballast at the CSX Rose Lake Yard ("diesel spill site")

.

(Admitted, Respondent Answer, Count 1, par.5

and Exhibit B of Respondent's MSJ)

.

5 .

The Background Carcinogenic Polyclyclic Aromatic Hydrocarbons

("PAH") 95'"

Percentile Concentrations for St

. Clair County are in Section 742, Appendix A, Table H of the

Board's Regulations, 35 III

. Adm

. Code Section 742, Appendix A, Table H attached as Exhibit 2

.

3

---

6 .

On October 11, 2004, Illinois EPA mailed a letter to Respondent inviting

Respondent to enter the site into the Site Remediation Program-SRP (Voluntary Program) so

the Agency could review and approve the remediation work that is necessary

. (Illinois EPA

October 11, 2004 letter attached as People's Exhibit 3 and affidavit by Paul Purseglove)

.

7.

On October 19, 2004, Hulcher returned to the fuel spill site to implement the

September 29, 2004 proposal

. (Exhibit A of Respondent's MSJ, page 3) .

8

.

On October 20, 2004, after fluids were removed from the trenches, Hulcher

collected six confirmatory soil samples

. Four soil samples (S1, S3, S4, and S6) were collected

from the bottoms of the excavations and two soil samples (samples S2 and S5) were collected

from the sides of the excavations

. Sample S7 was collected from the rolloff box for waste

profiling purposes

. The samples were analyzed for PNAs and Volatile Organic Compounds

.

(Exhibit A of Respondent's MSJ, page 4)

.

9.

The results of the Hulcher samples are shown in Table 2 and Appendix C of

Exhibit A of Respondent's MSJ

. The results showed that one soil sample, S4, taken from the

bottom of the excavations on the southeast side contained PAHs in exceedance of the

Background contamination of St

. Clair County, specifically benzo (a) pyrene, benzo (b)

fluoranthene, and indeno (1,2,3-cd) pyrene

. Furthermore, S4 exceeded the Tier 1 soil

remediation objective for industrial/commercial ingestion for benzo (a) pyrene, which is 0

.8

mg/kg, 35 III . Adm

. Code 742, Appendix B, Table B

. Sample S4 contained 3

.2 mg/kg of benzo

(a) pyrene

. (Respondent's exhibit A, Table 2 and Appendix C, p

. 6) .

10 .

On December 16, 2004, Illinois EPA received a fax from Hulcher

. The fax

attached the Teklab, Inc

. analytical results dated November 1, 2004

. (fax cover page and

attachments attached as People's Exhibit 4 and affidavit of Cheryl Cahnovsky)

. The Teklab,

Inc

. results are in Appendix C of Respondent's Exhibit A

.

4

---

11 .

On December 30, 2004, Illinois EPA inspector, Kathy Vieregge, performed a

non-financial records review of the release . Ms

. Vieregge reviewed all documents submitted to

Illinois EPA by the Respondent and found that confirmation soil samples S4 and S7 exceeded

Background Carcinogenic PNA Concentrations

. Inspector Vieregge stated that "additional

remediation work was required to properly complete and document the cleanup

." (Illinois EPA

Non-Financial Records Review attached as People's Exhibit 5 and affidavit of Kathy Vieregge)

.

12 .

On January 3, 2005, Illinois EPA sent Violation Notice, L-2005-01 001, to CSX by

certified mail and signed for receipt on January 5, 2005 . (Admitted, Respondent Answer, Count

1, par.12). The Violation Notice is attached as People's Exhibit 6

. The Violation Notice

included options for a suggested resolutions : the Respondent could enter the site into the

Agency's Site Remediation Program, or submit a proposed Compliance Commitment

Agreement. (page 2 of Attachment A of the Violation Notice)

.

13.

On June 28, 2005, Illinois EPA sent a Notice of Intent to Pursue Legal Action

("NIPLA") to CSX for Violation Notice L-2005-01001 by certified mail and signed for receipt on

June 30, 2005 . (Admitted, Respondent Answer, Count 1, par

.15. The NIPLA letter is attached

as People's Exhibit 7) .

14.

On August 2, 2005, Arcadis collected five soil samples and installed five

monitoring wells at the diesel spill site

. (Respondent's Exhibit C) . The geology of the site

consists of silty sand to a

depth of 2 to 6 feet, which is underlain by clay and silty clay to a depth

of sixteen feet . Respondent's Exhibit C, p . 4

. Groundwater was found between 2 to 3 feet

below level surface (bls)

. (Respondent's Exhibit C, p . 4).

15 .

On October 25, 2005, Arcadis collected groundwater samples from the five

monitoring wells as the diesel spill site

. (Respondent's Exhibit C).

5

---

16.

On February 23, 2006, the Illinois Attorney General's Office and the Illinois EPA

met with the Respondent to discuss enforcement for the diesel fuel release . (Respondent MSJ) .

17.

In March 2006, Illinois EPA received a copy of the December 21, 2004 Hulcher

Environmental Remediation Report, Respondent's Exhibit A, from the Respondent

. (Affidavit of

Kathy Vierrege) .

18

.

On March 6, 2006, Illinois EPA received the March 3, 2006 Response to the

Violation Notice, L-2005-01 001, Respondent's Exhibit C

. (Affidavit of Kathy Vierrege) .

19 .

On April 14, 2006, after review of the reports submitted by the Respondent,

Illinois Attorney General's Office and Illinois EPA formally requested additional sampling at the

diesel spill site

. The request for additional sampling was because the previous sampling results

at the diesel spill site did not disprove the results of Hulcher sample S4 because they were not

collected from the S4 location

. (Exhibit E of Respondent's MSJ) .

20.

On May 9, 2006, Arcadis collected two soil samples from the S4 location .

(Respondent's Exhibit D) .

21 .

On June 2, 2006, Illinois EPA received the June 1, 2006 Closure Request and

Response to Violation Notice, L-2005-01001, Respondent's Exhibit D

. (Affidavit of Kathy

Vierrege) .

IV

. RESPONDENT CAUSED WATER POLLUTION

Respondent discharged 400-500 gallons of diesel fuel and allowed contaminates to

remain in the soil so as to cause water pollution at the diesel spill site

. Respondent misquotes

the Board in its description of the Board's definition of water pollution

. On page 8 of the

Chalmers

decision, the Board stated that to establish water pollution "it must also be shown that

the particular quantity and concentration of the contaminant in question

is like) to create a

6

---

nuisance or render the waters harmful, detrimental, or injurious ."

People of the State of Illinois

v. John Chalmers d/b/a John Chalmers Hog Farm,

PCB 96-111 (January 6, 2000), emphasis

added

. This language is also contained within the definition of water pollution in the act

: "Water

pollution is . . .

such discharge of any contaminant into any waters of the State, as will or is likely

to create a nuisance or render such waters harmful

. . ." 415 ILLS 5/3 .545 (2004) .

The Chalmers

case is regarding lagoon overflows from a hog farm

. The Board held that the respondent

caused or allowed water pollution on five separate occasions . Chalmers,

PCB 96-111 (January

6, 2000)

. The releases were from overflows of the respondent's lagoons and excessive

application of liquid manure . Id.

In the May 6, 1993, discharge, the Board held that the

Respondent violated Sections 12(a) and 12(d) of the Act, 415 ILCS 5/12(a),(d), for over-

application of livestock waste . Id at 13

. The livestock waste flowed into roadside ditches that

were only a few inches deep . Id at 12

. Illinois EPA Inspector Brockamp stated in his testimony

that waters of the State were threatened including the groundwater, because the soil in the area

are fairly sandy.

Chalmers transcript, June 22, 1999, p

. 64 . The Board found the water in the

roadside ditches to be waters of the State under the Act . Chalmers,

January 6, 2000 decision at

13

. Therefore, the Respondent violated Section 12(a) of the Act for discharging waste in the

ditches

. Id.

The Board found the same violation for another discharge of livestock wastes on

June 15, 1993 due to spraying livestock waste .

Id at 15 . The only release that the Board did

not hold violated Section 12(a) of the Act, was an overflow observed on February 9, 1994, that

the Respondent showed went into a bermed area designed to receive overflows

. Id at 18 .

On July 9, 2004, Respondent released 400-500 gallons of diesel fuel

.

Respondent's

consultant, Hulcher, took responsive actions including excavation, removal, and notifying Illinois

EPA of the diesel spill

. On October 20, 2004, Hulcher took confirmatory soil samples from the

diesel spill site

. The soil samples were analyzed for PAHs and volatile organic chemicals

. The

7

---

results showed that one soil sample, S4, taken from the bottom of the excavations on the

southeast side contained PANS in exceedance of the Background contamination of St

. Clair

County, specifically benzo (a) pyrene, benzo (b) fluoranthene, and indeno (1,2,3-cd) pyrene

.

Furthermore, S4 exceeded the Tier 1 soil remediation objective for industrial/commercial

ingestion for benzo (a) pyrene

. The Tier 1 soil remediation objective is 0

.8 mg/kg, 35 III . Adm .

Code 742, Appendix B, Table B

. Sample S4 contained 3 .2 mg/kg of benzo (a) pyrene

. (See

Respondent's exhibit A, Table 2 and Appendix C)

. The depths from which the samples S1

through S6 were collected are unknown

. (Respondent's Exhibit C, p

. 2) .

Illinois EPA received a fax copy of the analytical results on December 16, 2004

.

(People's exhibit 4)

. The fax did not contain any other information such as the location of the

soil samples, the depth of the soil samples, the amount of soil removed, and where the

removed soil was disposed of

. Illinois EPA's review of the information it had regarding the

diesel spill found that additional remediation work was required to properly complete and

document the cleanup

. (People's exhibit 5) .

The nexttime

Respondent's consultants were at the diesel spill location to perform any

remediation was on August 5, 2005, over nine months from the date the confirmation samples

were taken

. Therefore, the pollutants were in the soil for at least over a year

. Even still,

Respondent's sampling did not show that the pollutants were no longer at the site

.

When the

People finally received and were able to review all of Respondent's reports in March 2006 the

People required additional sampling because Respondent's previous sampling was not in the

area of sample S4

. Those samples were not taken until May 9, 2006

. Finally, Respondent's

consultants sampled the groundwater at the diesel spill site on October 28, 2005, over a year

after the Hulcher confirmatory samples showed contaminants in the soil

.

8

---

Respondents cannot tell us the depth of the confirmatory

samples taken on October 20,

2004 . However, the Respondent's exhibits show that groundwater

is at 2 to 3 feet and the

shallow soil is silty sand from 2 to 6 feet

.

Furthermore, the exhibits show that from July 9, 2004

until at the latest May 9, 2006, pollutants remained

in the soil, benzo (a) pyrene, benzo (b)

fluoranthene, and indeno (1,2,3-cd) pyrene

. In fact, benzo (a) pyrene was found to be above

the Tier I Industrial/Commercial limit

. (Respondent's

exhibit A, Table 2) . Respondent's

contention that the diesel spill never impacted the groundwater

does not hold merit, since their

sampling cannot show the diesel spill never impacted the

groundwater, only that the

groundwater showed no impacts when Respondent finally

sampled it over a year after the

diesel spill . The Respondent relies primarily on

Jerry Bliss v . Environmental

Protection Agency,

138 III .App .3d 699, 704, 485 N

.E .2d 1154, 1157 (1985)

. In that case, the Illinois EPA

inspectors were present at the time of the spraying of black

liquid at the rail yard . Id. The

Illinois EPA inspectors took samples of the sprayed

material, and analysis showed it contained

trichloroethylene

("TCE") . Id.

The Court concluded though that no effort was made by the

People to show that the particular quantity and concentration

of TCE sprayed by the Defendant

was likely to render the waters nearby harmful . Id.

The facts in this case are different

. In this

case, the People were not only not present at the time of the

release, but were essentially

ignored until after the February 23, 2006 meeting, when

all of the reports regarding the release

were finally provided by the Respondent .

The People have shown that diesel fuel was released

into the environment, that Respondents left constituents

of the diesel fuel in the environment for

over a year, and that groundwater is located 2 to 3 feet below

surface level and the soil is silty

sand from 2 to 6 feet

. The People have not only made the

effort, but have shown that the

Respondent released contaminates in sufficient quantity

and concentration likely to render the

groundwater harmful .

9

---

Just like the discharges in the Chalmers

case, the presence of the pollutants, benzo (a)

pyrene, benzo (b) fluoranthene, and indeno (1,2,3-cd)

pyrene, in silty sand soil at such close

proximity to the groundwater from July 2004 until at the

latest August 5, 2006, was likely to

render the groundwater harmful, detrimental, or injurious

.

Therefore, Respondent caused or

allowed the discharge of contaminates into the environment

tending to cause water pollution in

violation of Section 12(a) of the Act, 415 ILCS 5/12(a)

(2004).

V

. RESPONDENT CREATED A WATER POLLUTION HAZARD

Respondent deposited 400-500 gallons of diesel fuel

into the environment so as to

cause a water pollution hazard

.

Creation of a water pollution hazard, under Section

12(d) of the

Act, 415 ILCS 12(d), is where "the conduct may endanger the

safety of the citizens" and there

is no assurance that it will not, although a change in conduct

could make that assurance

forthcoming . Tri-County

Landfill Co. v

. Illinois Pollution Control Board, 41 III

.App .3d 249, 258,

353 N .E

.2d 316, 324 (1976) . Tri-County

is regarding multiple violations at a landfill

. The Court

upheld the Board's finding that the Tri-County Landfill

Co. and the Elgin Landfill Co

. created a

water pollution hazard . Id.

Two aquifers, an upper aquifer and a lower aquifer, were

beneath

the landfill sites . Id.

The upper aquifer was contaminated but the lower aquifer was not

.

Id .

The

Board and the Court rejected the landfill company's assertion that the agency show that the

lower aquifer will be polluted

. Id.

The Board found and the Court agreed that a water pollution

hazard from the landfill leachate existed because there

was no assurance that pollution would

not occur . Id at 258

. The Board reasserted that a water pollution

hazard is when "a respondent

may have acted to endanger the citizens of the State of Illinois,"

in People of the State of Illinois

v

. Petco Petroleum Corp

., PCB 05-66 (February 3, 2005), p . 3.

In Chalmers, the Board not only

found a violation of 12(a) for the May 6, 1993 and June

15, 1993 releases but also a violation of

10

---

12(d) because the respondent deposited contaminants upon the land so as to create a water

pollution hazard . Chalmer,

PCB 96-111 (January 6, 2000) .

In this case, Respondent released 400-500 gallons of diesel fuel on July 9, 2004

. The

confirmatory sample taken on October 20, 2004 showed that the soil contained PAHs in

exceedance of the background contamination of St . Clair County and exceeded the Tier 1

soil

remediation objective for industrial/commercial ingestion for benzo (a) pyrene

. Furthermore, as

shown by Respondent's exhibits, the groundwater was found between 2 to 3 feet and the soil

from 2 to 6 feet is silty sand

. There is no assurance that Respondent's release of diesel fuel

and leaving the pollutants in the soil did not endanger the safety of the citizens, although more

thoroughly responding to the diesel fuel release could have made that assurance forthcoming

.

Tri-County. Therefore, by releasing diesel fuel and leaving pollutants in the soil in such

proximity to the groundwater, Respondent created a water pollution hazard in violation of

Section 12(d) of the Act, 415 ILCS 5/12(d)(2004) .

VI . RESPONDENT CAUSED OR ALLOWED OPEN DUMPING

The Board has held that contamination from leaking gasoline is open dumping under

Section 21 (a) of the Act, 415 ILCS 5/21(a) .

Universal Scrap Metals, Inc

. v. Flex/-Van Leasing,

Inc., PCB 99-149 (April 5, 2001), People v

. State Oil Co. (August 19, 1999), PCB 97-103, See

also,

Agricultural Excess & Surplus Ins . v. A.B.D. Tank & Pump Co.,

878 F . Supp

. 1091, 1095

(N .D. III . 1995), Zands v. Nelson, 779 F . Supp . 1254 (S

.D.Cal . 1991) . Substances leaked and

contaminated the soil are wastes within the meaning of Section 21 (a) of the Act

. Universal

Scrap Metals, Inc .,

PCB 99-149 (April 5, 2001), People v

. State Oil

Co

. (August 19, 1999), PCB

97-103

. Open dumping occurs when waste is consolidated at a disposal site that does not fulfill

sanitary landfill requirements . 415 ILCS 5/3 .305 (2004)

. The diesel fuel released at the spill site

11

---

was a waste under Section 3

.535 of the Act, 415 ILCS 5/3 .535

(2004). The diesel spill site

does not fulfill the requirements of a sanitary landfill

because it is in the middle of a switch in a

rail yard . In EPA v

. Pollution Control Board, 219 III

.App .3d 975, 579 N .E

.2d 1215 (1991), the

Court reversed the Board's denial of the imposition

of a civil penalty for an administrative Illinois

EPA issued against John Vander for open dumping of waste

in a manner that results in litter

and open burning

. Vander demolished two buildings and

then burned the debris at the

demolition site . Id.

The Board found that Vander did not violate the Act because

the Board did

not believe Vander had open dumped . Id.

The Court disagreed . Id. The Court found that the

demolition debris was waste, that it was consolidated

from at least one source, and that the site

was not a sanitary landfill

. Id.

The Court found that there must be disposal for open dumping to

occur . Id at 979

. The Court looked to the definition of disposal

which is :

the discharge, . .

. spilling, leaking or placing of any waste

or hazardous waste into

or on any land or water . . .

so that such waste or hazardous waste or any

constituent thereof may enter the environment or be emitted

into the air or

discharged into any waters

. 415 ILCS 5/3 .185 (2004) .

The Court found that if waste is cleared away to another location

before it is allowed to

dissipate back into the environment the site is not a disposal

site . Id. Once Vander burned the

debris instead of moving it away, the site became a disposal

site because the debris was

allowed to dissipate back into the environment

. Id. Therefore, the Court held that Vander had

open dumped in violation of the Act

. Id.

Respondent left the pollutants in the soil as evidenced

by its own Exhibit A . The

confirmatory samples taken on October 20, 2004 contained

benzo (a) pyrene, benzo (b)

fluoranthene, and indeno (1,2,3-cd) pyrene and exceeded

the Tier 1 soil remediation objective

for industrial/commercial ingestion for benzo (a) pyrene

.

Benzo (a) pyrene, benzo (b)

fluoranthene, and indeno (1,2,3-cd) pyrene are constituents

of the diesel fuel . After the

October 20, 2004 sampling event which showed contamination,

Respondent did nothing at the

12

---

diesel spill site until over 9 months later

.

The Respondent spilled or leaked diesel fuel, a waste,

on land such that the diesel fuel and its constituents thereof

were allowed to dissipate back into

the environment . As in

EPA v. Pollution Control Board,

the diesel spill site became a disposal

site when Respondents left the waste and its constituents

thereof in the soil . The disposal site,

the rail yard, is not a sanitary landfill .

Therefore, Respondents caused or allowed open

dumping and violated Section 21 (a) of the Act, 415

ILCS 5121 (a) (2004) .

VII

. KNOWLEDGE OR INTENT IS NOT AN ELEMENT IN FINDING

A VIOLATION

Knowledge, intent or scienter is not an element to be established

in finding of a violation .

Meadowlark Farms Inc. v. Illinois Pollution Control Board,

17 III .App .3d 851, 308 NE2d 829

(1974)

. Therefore, Respondent's claim that the release

of the diesel fuel was an accident has

no effect on the finding of a violation

.

VIII

. CONCLUSION

The material facts proving violations and liability in

this case are not in dispute . The

Respondent released pollutants into the environment threatening

water pollution and creating a

water pollution hazard in violation of Section 12(a) and 12(d) and caused or allowed open

dumping in violation of Section 21(a)

.

In Respondent's answer to the People's complaint,

Respondent denies the People's contention that Respondent

failed to respond to the Section 31

letters . Therefore, the only material issues of genuine

facts are those which determine the

penalty under Section 42(h), such as Respondents due

diligence to comply with the Act

including its response and lack thereof to Illinois

EPA's requests for information, and

Respondents failure to self disclose its violations of the Act

.

13

---

WHEREFORE, Complainant, People of the State of Illinois, respectfully requests that

the Board enter a final order :

A)

Granting Complainant's motion for summary judgment

;

B)

Finding that the Respondent, CSX TRANSPORTATION, INC ., violated Sections

12(a), 12(d), and 21 (a) of the Act, 415 ILCS 5/21(a),

(d), 21 (a) (2004) ;

C)

Schedule hearing to determine the penalty for Respondent's violations under

Section 33 and 42 of the Act, 415 ILCS 5/33, 42 (2004) .

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS,

ex rel . LISA MADIGAN,

Attorney General of the

State of Illinois

500 South Second Street

Springfield, Illinois 62706

217/782-90 1

Dated :

3 Z /U7

BY:

MATTHEW J

. DUNN, Chief

Environmental Enforcement/Asbestos

. .tion ,,vision

STEN LAUGHRIDGE GALE

Environmental Bureau

Assistant Attorney General

14

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,)

vs.

)

No. PCB 07-16

(Enforcement)

CSX TRANSPORTATION, INC ., a

)

Virginia corporation,

)

Respondent

)

AFFIDAVIT OF CHERYL CAHNOVSKY

Upon penalties as provided by law pursuant to Section 1-109 of the Code of Civil

Procedure, the undersigned certifies that the statements set forth in this instrument are true and

correct, except as to matters therein stated to be on information and belief and as to such

matters the undersigned certifies as aforesaid that I verily believe the same to be true

:

1

. I, CHERYL CAHNOVSKY, am employed by the Illinois Environmental Protection

Agency ("Illinois EPA"), as an Environmental Protection Specialist in Emergency Operation Unit .

I have been employed by the Illinois EPA for approximately 12 years

.

2 .

As part of my duties in the Office of Emergency Operations, I am responsible for

responding to and assisting or overseeing responses to environmental releases, as well as

reviewing technical submissions relative to such releases . In responding to environmental

releases, I coordinate with industry, contractors, county EMA, county HAZMAT teams, State and

Federal agencies, and the public

. In addition, I am responsible for reviewing sampling plans,

environmental remediation plans and completion reports to evaluate their sufficiency and

appropriateness

. I have a Masters Degree in Environmental Studies from Southern Illinois

University at Edwardsville

.

3.

On July 9, 2004, I received a fax from the Illinois Emergency Management

Agency attaching the Illinois HazMat Incident Report, #20040957, addressed to me or Tom

1

---

Powell.

The July 9, 2004 fax, including the cover sheet and the HazMat Report, attached hereto

as Exhibit 1, is in the same condition as when I first received it

.

4.

On December 16, 2004, I received a fax attaching the analytical data from

Teklab, Inc.,

for the Rose Lake spill, addressed to me, from John H

. Broadus, Hulcher

Professional Services, Inc

. The December 16, 2004 fax, including the cover sheet and

analytical results, attached hereto as Exhibit 4, is in the same condition as when I first received

it.

FURTHER AFFIANT SAYETH NOT

H`rRYLCAHNOVSKY

V

Subscribed and sworn to before me

this /S'hdayofMarch 4007

NOTARY PUBLIC

s

u.uu

..'

"OFFICIAL

SEAL"

i

MY

NOTARY

COMMISSION

PAULA

PuBLI3-

O T

EXPIRE

TT

' -, A

ENSMEIER

TE

SNOYOF

ILLINOIS.9,2007

y

2

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS, )

Complainant, )

vs .

)

No.

PCB 07-16

(Enforcement)

CSX TRANSPORTATION, INC ., a

)

Virginia corporation,

)

Respondent.

)

AFFIDAVIT OF PAUL PURSEGLOVE

Upon penalties as provided by law pursuant to Section 1-109 of the Code of Civil

Procedure, the undersigned certifies that the statements set forth in this instrument are true and

correct, except as to matters therein stated to be on information and belief and as to such

matters the undersigned certifies as aforesaid that I verily believe the same to be true

:

1 .

I, PAUL PURSEGLOVE, am employed by the Illinois Environmental Protection

Agency ("Illinois EPA"), as Manager, Field Operations Section in the Bureau of Land

. I have

been employed by the Illinois EPA for approximately 26 years .

2 .

As part of my duties in the Bureau of Land, I review referrals from the Agency's

Office of Emergency Responses relative to significant releases or spills that require additional

actions to confirm that a complete and proper cleanup has been achieved

.

3 .

On October 11, 2004, I wrote and signed a letter to Mr

. Joseph W . Tupa,

Manager, CSXT regarding IEMA Incident # 20040957 by certified mail and signed for receipt on

November 16, 2004

. The October 11, 2004 lette~is attached ereto as Exhibit 3

. .

1

FURTHER AFFIANT SAYETH NOT

Subscribed and sworn to before me

NOTARY PUBLI

;} NOTARY

CATHERINE

OFFICIAL

PUBLIC

. STATE

R

.

SEAL

HUNTER

OF ILLINOIS

1

MY COMMISSION EXPIRES 3.14

.2000

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,)

vs .

)

No. PCB 07-16

(Enforcement)

CSX TRANSPORTATION, INC ., a

)

Virginia corporation,

)

Respondent .

)

AFFIDAVIT OF KATHARINE VIERREGE

Upon penalties as provided by law pursuant to Section 1-109 of the Code of Civil

Procedure, the undersigned certifies that the statements set forth in this instrument are true and

correct, except as to matters therein stated to be on information and belief and as to such

matters the undersigned certifies as aforesaid that I verily believe the same to be true

:

I, KATHARINE VIERREGE, am employed by the Illinois Environmental Protection

Agency ("Illinois EPA"), as Environmental Protection Specialist III in the Bureau of Land . I have

been employed by the Illinois EPA for approximately 13 years

.

2 .

As part of my duties in the Bureau of Land, I perform oversight of state funded

investigations and remediation of regulated sites

. I inspect and investigate solid waste facilities

such as open dump sites

. I also perform compliance inspections and investigations, including

RCRA investigations at CESQGs, Small Quantity Generator facilities, and Large Quantity

Generator facilities

. Finally, I interpret scientific data relating to facilities and other regulatory

sites, including sample collection results and subsurface data

.

3 .

I have a bachelors of science degree in Geology from the University of Illinois,

Champaign-Urbana

. My qualifications also include the following

: I have personally been

involved in conducting 500 inspections of various types, including RCRA inspections

.

1

---

4.

I am familiar with the Illinois Attorney General's case involving and the allegations

against CSX Transportation, Inc

. In support of the People's Response and Motion for Summary

Judgment, I provide the following factual statements, personal observations, and opinions and

conclusions based upon my experience and expertise

.

5.

On December 30, 2004, I conducted a non-financial records review memo for the

diesel spill release at CSX Transportation, Inc . located at 3900 Rose Lake Rd in East St

. Louis,

St

. Clair County, Illinois

. As part of the regular practice of business at the Illinois EPA, I

reviewed all of the documents described in the memo and created a non-financial records

review memo of the documents I reviewed

. The non-financial records review memo was created

during and after the document review

. Upon completion of the non-financial records review

memo, it was kept in the course of regularly conducted business activity at the Illinois EPA

. The

non-financial records review memo I created is attached hereto as Exhibit 5

.

6.

In March 2006, I received a copy of the December 21, 2004 Hulcher

Environmental Remediation Report

.

7.

On March 6, 2006, I received the March 3, 2006 Response to the Violation

Notice, L-2005-01001

.

8 .

On June 2, 2006, I received the June 1, 2006 Closure Request and Response to

Violation Notice, L-2005-01001 .

FURTHER AFFIANT SAYETH NOT

.(2 u,A~nw

`~( 9 A9 Aln

KATHARINE VIEREGGE

Subscribed and sworn to before me

thisc)2Jdayof

MarcJ a.00'

7

NOTARY PUBLIC

PAULA

"OFFICIAL

1

GTfENSMEIER

v. .

.,/

SEAL"

2

NOTARY PUflL!:~-JTATE

OF ILLINOIS

COMMfSSoj

:x.. RESNOV

.9,2007

,,,,,

i

---

VVL VO ,

.V, , " ,

VU'YU fil p

Incident

Illinois HazMat Report Incident #

: H 20040957

Entered by TON Watklns on 07/09 at 08;34

Incident Type :

Data Input Status :

Incident level

:

Illinois HazMat Report

0 Open

ID

Close

•

Main Incident

0 Sub-Incident

2nn

NLJ,

c1

11%1 114

EM/2000

'Incident Recorder

N. 01/u1

I .

Caller MIKE LUNSPORD

14, On Scene Contact: DAVID HAGERMAN

2, Call back phone#

: 615/943-6167

On Sean Phone #: 618/407-7214

3, CallarRepresants: CSX TRANSPORTATION

15

. 'No

. IDJutnd

: NONE

4. TpoofIncident

: LEAKORSPILL

Where Taken:

wp

Ram8

20

. Responsible Patty: CSX TRANSPORTATION

Contact Person: JOE TUPA

Phone #: 708/832-2098

MailingAddress: 1700 W . 167TH ST., CALUMET

CITY,IL 60409

/ .

Notifications : 0841 FAXED

TEPAISPM/REG

.8/NRTP/ICC/ISPCC/WOT

7

1,1 .

3-L Sfn

13 Emergency Units Contacted NO

On Scene

- ~,

Fits : -

Fire

: -

r

w

Police; -

Police

;

.

.

shoatle -

Sherif!'. -

b

ESDA : -

EBDA: -

"Other. -

aE

Other:

---

∎

∎

∎ ∎

∎ ∎

FAX FROM THE OFFICE OF EMERGENCY RESPONSE

EMERGENCY OPERATIONS UNIT

Deliver to

:

Collinsville Region 6

Regional Coordinator

and

EOU staff: Tom Powell or Cheryl Cahnov

0

DWPC

- u,HnAL

0

DEWS

- INITIAL

11 BOL -INITIAL

0 BOA -INITIAL

To : Illinois Environmental Protection Agency --

Collinsville Regional Office

Phone Number : 618/346-5120

Fax Number 618/346-5155

From

: Illinois Environmental Protection Agency -

Emergency Operation Unit

Phone Number : 217/782-3637

Fax Number : 217/524-4036

The attached, for your information, is an Illinois HazMat Incident Report

received from the Illinois Emergency Management Agency

.

If you do not receive all of the pages or the pages are illegible

please contact us as soon as possible

.

∎ ∎ ∎ ∎ ∎

∎

∎

∎

∎

∎

∎

∎

∎

∎

∎

∎

∎

∎

∎

∎

∎

∎

∎

∎

∎

∎

∎

∎ ∎

%%MN

∎

0

∎

∎

∎ ∎ ∎ ∎ ∎ ∎ n © n

∎

∎

∎

∎

∎

∎

∎

∎

∎

∎

a

∎

∎

∎

∎

I

∎

∎

∎

∎

∎

---

Section 742 .APPENDIX A

: General

Section 742

.TABLE H Concentrations of Polynuclear Aromatic Hydrocarbon Chemicals in

Background Soils

0.14

0.72

0.98

0 .70

0 .84

0 .63

1 .1

0 .15

1 .8

0.04

0.51

0.17

0.99

1 .2

a Chicago means within the corporate limits of the City of Chicago

.

b

Metropolitan area means a populated area, as defined in Section 742

.200, (other than the City

of Chicago) that is located within any county in a Metropolitan Statistical Area listed in

Appendix A, Table G, footnote a

.

° Non-Metropolitan area means a populated area, as defined in Section 742

.200, that is not

located within any county in a Metropolitan Statistical Area listed in Appendix A, Table G,

footnote a .

0.04

(Source

: Appendix A, Table I-I renumbered to Appendix A, Table I and new Appendix A, Table

H Added at 31 111

. Reg . 4063, effective February 23, 2007)

Section 742

.APPENDIX A General

Section 742

.TABLE I Chemicals Whose Tier I Class I Groundwater Remediation Objective

Exceeds the 1 in 1,000,000 Cancer Risk Concentration

EXHIBIT

Chemical Name

Chicago'

mg/kg

Metropolitan

Areasb

(mg/kg)

Non-Metropolitan

Areas'

(mg/kg)

2-Methylnaphthalene

-----

0 .14

0 .29

Acenaphthene

0 .09

0 .13

0 .04

Acenaphthylene

0.03

0.07

Anthracene

0

.25

0.40

Benzo(a)anthracene

1 .1

1 .8

Benzo(a)pyrene

1 .3

2 .1

Benzo(b)fluoranthene

1 .5

2 .1

Benzo(g,h,i)perylene

0.68

1 .7

Benzo(k)fluoranthene

0.99

1 .7

Chrysene

1 .2

2.7

Dibenzo(a,h)anthracene

0.20

0.42

Fluoranthene

2.7

4.1

Fluorene

0.10

0.18

Indeno(1,2,3-c,d)pyrene

0 .86

1 .6

Naphthalene

0 .04

0.20

Phenanthrene

1 .3

2 .5

Pyrene

1 .9

3 .0

---

JAN-04-20L -

13 :36

PLC LEGAL

~- 4-06,

-?PM ;ILLIN~IS E .P .A .

:818 246 5155

217-524-5597

CERTIFIED MAIL

October 11, 2004

RETURN RECEIPT REQUESTED

7002 3150 0000 1114 8595

Mr . Joseph W. Tupa

Manager, Hazardous Material Field Services

CSXT

1700

- 16 i6

Street

Calumet, IL 60409-5452

Re

; IEMA Incident

20040957

Dear Mr. Tupa :

It has come to my attention that as a result of a July

9, 2004 accident a 500 gallon release

of diesel fuel occurred in

your Rose Lake facility in East St . Louis . I

have reviewed the July

14, 2004

letter that you sent to our Office of

Emergency Report .

Because of the release and the nature of the work that will be necessary to clean it up it is necessary for CSX

Transportation to enter this site into the Illinois EPA's Site Remediation Program-SRP (Voluntary Program) so the

Agency can review and approve the remediation work that is necessary . The mutual objective is for the Agency to

issue a No Further Remediation (NFR) letter to CSX indicating that the spill has been properly cleaned up to the

satisfaction of the Illinois EPA . Up until now your point of contact with the Agency has been the Office of

Emergency Response . However, due to the nature

of

the spill and the time and technical complexities that will be

associated with the clean up it is necessary for the Agency's SRP to be involved . Your participation in the

voluntary program demonstrates a desire to work with the Illinois EPA to assure a complete and proper clean up .

Failure to remediate this incident in a fashion protective to human health and the environment may result in an

enforcement action .

You can find out more about the Agency's SRP Program by visiting our web site

www .epa.state

. il

.us/land/site-

remediation .

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST, P.O . Box 19276, SPRINCrItLO, ILLINOIS 62794-9276, 217-782-3397

JAMES R,

THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601, 312-814-6026

ROD R. BLAGOIEVICH, GOVERNOR

RENEE CIPRIANO, DIRECTOR

respectfully re uest that you reply to this letter within two weeks,

cerely,

R

P ul M . Pursegl e, Manager

Field Operations Section

Bureau of Land

cc : Larry Eastep IEPA-SP P

Roger Louder OER

Bill Ingersoll - Legal

Collinsville Region - Chris Cahnovsky

RECEIVEr,IFP4

F .02/0?u

2/

1,

$

EXHIBIT

3

RO( :KFOeo -4302 North Main Street, Rockiorrl, IL 61103-(815) 987-7760 • DES PIAINES-951 I W . Harrison St ., Des Plaines,

IL

60016-(847) 294-4000

Elr.1.v-595

South Slate, Elgin,

IL 60123-(847) 608-3131

PEORIA - 5415 N . University SL, Peoria, IL 61614-3091693-5463

BUREAU or LAN') -PrriRN -

7621) N . University St . . Peoria, IL 61613--(30916935462 • CHMIPAIGN-2125 South First Street . Champaign . IL 61820 -1217) 2785800

SrRixr.ntl o -4500 S . Sixth Street Rrl ., Springfield, IL 62706 - 12171 786-6892

MARION -

2309 W . Main St ., Suite

116,

Marion,

CouwsvuE-2009

IL

62959 -16181

Mall Street,

9937200

Collinsvilte, IL 62234 -16181 346 .5120

PRINTED oN RELYUCD

PsrFR

---

i{bsoys obd'-s'-l/°'c

~,, r~ 0200

HULCHER

°

fuss`°"~

S

ERVICES INC

.

~ ~BpgVICfiS

MG

FAX COVER PAGE

, ~~ n f{~JJ~'IY.fr:w

I '

S

e Conm»nts:

Cheryl, attached is the analytical data for the referenced spill event

. I wig be in contact with Steve

Heard to get the information required to generate your report Please feel free to contact me if you need additional

Information . Sony about the mix up

. Thank you

.

PECEIVSD

fir U 22 20U,

i' ?fi-DLPC

Confidentiality Notice : The documents a

panying th'

ecopy transmission may contain confidential in

belonging to the sender which Is legally privilege

Th .

ormation is intended only (or the use of the individual or entity

named above

. if you

are not the intended recipien

u are hereby notified that any disclosure, copying, distribution or the

taking of any action in reliance on the contents

this

t-

-

copied information is strictly prohibited . If you have received this

telecopy in error, please Immediately notify

y telephone

rrangefor'return of the original

documents to us. --

HULCHER

RELEASABLE

JAN

. 0 6 2005

REVI

To :

Illinois DEQ I Cheryl Cahnovsky

From: John H . Broadus, PE, CAPM

Faro 618 346-5155

Pages:

12

Phordw 618 346-5120

Date:

December 16, 2004

Ra

CSX Rose Lake Yard spill

CC :

0 Urgent

0

For Review 0

Please Comment 0

Please Reply 0 Please Recycle

---

TWDSUd

tt/Te

39Vd

LfSEL6E9t9

•

Comments

: Scott here is the analytical for CSX Rose lake Yard

.

spit that you wrote the remedlation plan for Cheryl with the State

.

contaminated soil from the excavation so there is no confusion

. T

my notes together and fax them to you as well This should give you

need to

write the report Again I need any time that you need to put

would be billable for you or your staff on a time sheet and submitted

invoice together in the end

.

IF YOU HAVE ANY QUESTIONS

. PLEASE CALL ME AT THE NUMBERS

LISTED

BELOW.

THANKS,

STEVE HEARD

(618) 397-3549 OFFICE

(618) 397-3547 FAX

(816) 6954662 MOBILE

LDSELSEet9

I

LE

:9T

D00L/LT/TT

ZS:ST

v0

, LT OON

the diesel fuel

# 7 is the

I will get

everything you

an this job that

me to put the

To: Scott Lawy

From STEVE HEARD

F

8006595471

Dale

:

November 17, 200+

Phone: 8008696032

CC:

File

Ref:

CSX Analytical

Pages : 11 wlcover

---

z0

• add

TT/ZO 39vd

LOSELGES19

TEY{LAB, INC.

5445

ORSESMOE LAKE ROAD

COL

NSVILLE

. ILLINOIS 62234

ENVIRONMENTAL TESTING LABORATORY

November 01, 2004

Will Mathis

Hulcher Service, Inc

.

7610 Chase Lane

Centerville. t 62207

TEL: (618) 397-3549

FAX

: (618) 397-3547

NELAPAt,

.111.1:4

RE: CSX 106810

OrderNo. 100665

Dear Will Mathi5 :

TEKLAB, INC received 7 samples on 10127/04 2:50:00 PM for the analys

following report.

Samples are analyzed on an as

received basis unless otherwise requested

The sample results contained in this report relate only to the requested an

have been tested . IL ELAP and NELAP accredited fields of testing are ind'

NELAP under the Certification w1unan

All quality control criteria applicable to the test methods employed for this

satisfactorily met and arc in accordance with

NELAP/Part 186 except who

Narrative

. The following report shall not be reproduced, except in full, wt

approval of Tckdb, Inc .

If you

have any questions regarding these tests results,

please feel free to c- 11 .

Sincerely,

Michael

Off

L

. Austin

I

Director of Operations

IL ELAP and NELAP Ac c ditrd

.Accn3hlion 10100726

IDPH Pcy,dlly 101?564

LtSELLEBT9

£S:ST

00, LT

rCN

TEL : 618 .3441004

FAX : 618

.3441005

d documented .

ytes of interest that

aced by the letters

oject have been

noted in the Case

out the written

A'se

t u/V

LE :91 IOOZ/LT/TT

---

IT/E9 39vd

£0'37Nd

Lb5£LEE8t9

TEKLAB, INC

.

ENVIRONMENTAL TESTING LABORATORY

Client:

Hulcher Service, Inc .

Project

:

CSR 106810

LabOrder : 04100665

Report Date : November 01, 2004

Of

-

Ddntoa Factor

RL • acportmmr Limit

Na .

Np U>zt.4

a1 hr Repoeuta Ltmh

Sun -5unoguosandaedaddadb1Lb

TN'IC

• Too sumaom m cax

Lor11

•

Olkrora papenmeat afPahke Nulm

IL ELAP and NELAP

A=Mdaad . A NdHaan ot00226

i00H Reyswy a17504

54d ;

CO

CASE NA

Samples were received with insufficient amount of time to

=at

hold time Iogoiremenu f

Analytical Comments for METHOD SV_83105_S, SAMPLE 04100665-00IA

. 002A, 00

00TA

: Elevated reporting limit due to sample composition . No surropte recovery due to

Analytical Commence for METHOD V BTEX_S_5030, SAMPLE 04 1OWS-001B

. 002

Elevated reporting limit due to high levels of target and/or non-target analyss .

Analytical Cam ncms for METHOD V_BTBX_S 5030, SAMPLE 04100665-0048, 007E

present in

sample.

ES:SS

0.

0 . LT nON

HORSESHOE LAKE ROAD

MISVILLE . ILLINOIS 62234

TEL : 610-344 .1004

FAA:

618-344-1006

URATIVE

r total solids analysis .

A, 004A, 00SA, O KA,

trix interference,

0038,0058, 0068 :

Matrix imerfermee

Qudaan

I • Awl71a Mcxltd io tK auxfwd kWhed BYnk

6 - /.roeahave goeu.4w66n nflc

1 •A rolne .bawlhalo.+wpw+inarunts

eddhpdmaaeaaaded

q -R$Douuidcxeepudn-eowyamin

D - 'Iwrdalofnmpl .

6 -Spike *aoraryawdeaeapadracaevtUnits

Ml Haei

.koeefeaecc

•

vah,t ccaals Ma.ioum

Coat am r4 Ls•t l

PMM Did NO leriee

NEW

•ILtLAPaIPIILAIKcldikdFlddo!"1'eitidr

Page 2 0,19

LPSELSEBT9

LE :9T

b20Z/Lt/Tt

---

TT/P0

35bd

r0'39tid

Lr5EL6£Bt9

TEKLAB, INC .

ENVIRONMENTAL TESTING LABORATORY .

Laboratory Results

5449

COL

IL FLAP and NELAP Accrcdfled

- AtcoaIaten 0100220

.

IO"H Re01 :uy 01759A

LPGEL6C8T9

HORSESHOE LAKE ROAD

PJSVILLE . ILLINOIS 62234

rS:ST

r0

. LT

rO'4

TEL :513 .344-1004

FAX :618-344-1005

Pogt J J 9

LE :9T POUZ/LT/TT

CLIENT:

k{ulcher Service, Inc .

WarkONar.

04100663

Lab 1 D :

04100665-001

Rape" Date:

01-No

•A 4

ClieotPrejeet : CSXIof 810

PM

Analyst

Cleat Sample ID: RI

Collection Date :

Matrix :

10/2010'

SOLID

3A0:00

Amelysai ,

Certification RL

Qmal

Result

Units . DF Data Analyzed

ASTS O2 74

Pgcmt Noban'

0.1

N

39.1

%

1

larzsrae

JRS

ZTANDARD

METHODS 19TH FO. 2S40 0

Tamil ScAds

0.1

03.9

%

1

IO29104

JRS

Acenaptellelr

NP LAP

0.70

1.1 m_ 1

1028104

TON

AcenmOMyuns

0.70

ND

moody

1

brow

.

TON

ArArW 1o

NELAP

0.23

ND mWKOWy

1

1026104

TON

NELAP

019

1 .S mgKpd.y

I

1029.04

TON

NELAP

033

1.2 mgKOdy

1

102ma4

TON

Oenro(bpAlonmnero

NELAP

023

1.6

mglkg y

10120104

TON

aenta(gh0payIana

NPLAP

027

1 .3 myKp dy

1

1028104 TON

9annoayhrawdrwna

NELAP

D23

0 .72

mglkgr y

1

10120104 TON

Chry5a^e

NELAP

0 .23

1

.s mgKp4ry

1

10120104

TON

Dbsnto(a.h)amrvacww

NELAP

023

ND

mD$('dy

1

10129104 TON

FNaramMne

NELAP

0,47

L4 mgA4pdy

1

1020 a

TON

FLmrale

NELAP

023

ND

mgM0dry I

102&04

TON

Indwa11,2.3-W)pyio.le

NELAP

023

1 .1 mfKpdy

1

10128104 TON

Nap Oho ne

NELAP

0 .94

ND

mglKpdy

1

1029104

TON

Phanamh enI

NELAP

0 .23

1

.3

mykp4y

I

10128104 TON

Pyram .

NELAP

023

1 .1 mplKp-*y

I

1028104

TON

.Surr Tapnenyl .d 14

28 .7-171

$

0

%REC

I

1028104

TON

$W-MS 5030 62608 Vol ATl' F ORrANIr rnMPn11Nn9 RY GCJMI

Banta:

NELAP

75.1

ND

ItKpdry 25 10/29404 6.33:00

PM

HLR

Tolune

ND

LIGA9 dry

2S 10128404 0.33:00 PM HLR

NELAP

375

EUIADW40ne

NELAP

375

no

MSlIWd/y

25 40291104 6:3100

PM

HIS

K1la .n . ToW

NELAP

375

NO Po.KD y

25 40129104 6:33:00

PM

HIS

Sum.1

.2•D

khWrcwtN nmd4

72 .0.122

103

%R£C

25 40)29104 6:33 :00 PM HLR

SUN: 4-8romobJomberamm

75 .6-120

20 .s

%REG 25 10/25104 6:33:00 PM HLR

Sum Olbmms%gmmsINne

74 .1 .121

96 .0

%REC

25 10!20/04 L33:00 PM HLR

Sun-Takened8

92

.x1125

IM

%REC 25

1028104 5 :33 :00 PM

HLR

---

ruse --Obd

50'3Dda

Lb'SCL6CdT9

TEKLAB, INC

.

ENVIRONMENTAL TESTING LABORATORY

TEL! 618-344-1004

FAX : 616-344-1005

Laboratory Results

CIieaetrojoct

:

CSXIU gig

CLimtSemplkID ; *2

CopeuMMn Dale-

10P20/ 3 :45 :00 PM

Mat71a

SOLID

.-

-

Aaatylca

CartiGatiua

RL Qual

Resuir

Units ^ 0

- -

Dare Analywd

Analyst

~•,

IL ELAP 7nO J L*P ACUCailed •

ACC;editelion 0100226

iOPN Rugiaty 4017534

SS :St CO, LT nON

5445

ORSESHOE LAKE ROAD

COL INSVILLE, ILLINOIS 62234

Pagc4n/1

LPSEL6EBT9 LE :9T

900L/LT/TI

ASTS 02074

P4rcamSfblvrs

0 .1

N

2ia

%

101=04 JRS

uTool

rTANDARO

SoWs

METHODS 14TH

FD

2540

fi

%

1029/04

JRS

0 .1

N

72.5

SW.B4B

25504 8310 POLYM110 PAR AROMATIC HYDRne •AABONS BY NPLG

Aeanap116garr

NELAP

0.40

ND

m%KO4y

10/24/04

TON

AronaprdWy

0A0

NO mfKgAy

10126)00

TON

Anlllracaro

NELAP

0.13

MD rrg/Kpdy

1028104

TON

BNwm(alaadvarena

NELAP

0.11

0.16 /eyKgdy

11926/04

TON

Ba,OO(al0ymne

NELAP

0

.13

0 .20 mwxg oy

1026/04

TON

B4nto(OIAraI6ngnarla

NELAP

0

.13

0.14 mg/K04y

t0r2004

TON

B4nm(gAl)Paylaa{

NELAP

0

.13

025 Infgdy

10)26/04

TON

Bsnra(kpkwanMna

NELAP

0 .13

NO MWKgdy

1 W2M04

TON

Cbyssna

NELAP

0.13

0.33 mwtggy

1

1028)04

TON

OiWnro(a,a1an01ramrw

NELILP

0,13

NO

m00(Ody

1012604 TON

Fwormtha

NEIAP

0X7

0.71 msxgdry

1

1W2N04

TON

Fwomn4

NELAP

0.13

ND mWKgdry

Ib20M4

TON

In04no(1,2,3ogpyr4n4

NEW

0 .13

010

mMKg4y

10123/04 TON

NapmMlene

NELAP

0

.53

0.53

PMnemnmrw

NELAP

0.11

0.33

mgMgdy

mAMgey

Ioa6/o4

IW2 /04

TON

TON

Pynna

NELAP

0

.13

0.53 m Mgay

10/25/04 TON

Swc Twpnanyad14

20.7-171

3

0

%REC

10/26/04 TON

-I

Benewu

NELAP

322

ND vg/Xg

-6

y 12.5 10i29/047 :04 :00PM

HLR

Toluana

NELAP

161

ND vBIKgay 12 .3 10/21104 7 :04 :00 PM HLR

EhyIbsnQarm

NE LAP

161

ND

ugn84,yy

12 .5 10R9M47 :04 .00PM

HLR

Xylvnw, Total

mew

161

ND vWXQ- y 12.5 10129104 7:04 :00 PM

HLR

Sure 1,2-DichlwouVNnod4

72 .-122

102

%REC 12 .5 10/2a/047:04 :00PM HLR

Swr: -B,wuor1ufSNana

75 .6t20

60.6

%REC 12.5 10123147:04:00 PM HL.R

Sac Dibmmoauommaterw

74 1 .121

00.3 %REC

125 101291047:04'.00PM HLA

Sum Tduanadd

616 .112.0

102 %REC 125

1W29M47:OtODPM

HLR

CLIENT:

HokherSwicc,Inc.

WortOrdOt: .

04100665

Lab 1D

;

04104665-0O2

Report

Date

01-Nu .-04

---

11/90 39vd

90'30bd

LCSCLE£0T9

TEKLAB, INC

.

ENVIRONMENTAL TESTING

LABORATORY

AuaIyaa

ASIl

pwe .MMOIBNrsD

f

STANDARD M$TNODS IM ED

. 2640f

Told Solids.

Oonm(a mMCena

eanrn(s1py.Ww

B

.nzotbFhefmmmo

B

.nzn4gA pu ao

S.az0(a4wmNhflW

DIOW Va(a.l )Uowaa040

Fluerontono

Fludrano

In .ono(1,L3a4Jp ylen.

NaWAWWM

F'awoovv

Pycma

Sum: T.rpnmyW 14

TONMO

Elhpbwamo

Xy1Wrs.Total

Sufr 1,2.DIcNcmolharod4

Sum 4-Oromdluomlanta00

Sure Oibvmwty romatsna

5um Tclaon .46

Laboratory Results

Cntifuation RL Quid

NEW

NEW

WEW

N!W

WELAP

NEW

NEWNELAP

NELAP

NELAP

NELAP

NEW

NELAP

NELAP

0.37

0.089

0.12

0 .12

0 .12

0 .12

012

0.12

0.25

012

0.12

049

0.12

012

28 7-ni

0.1

M

0.1

61 .3

307

307

307

72 .6122

15 .06120

74 .1-121

02 .6.11210

N

n.

NELAP

NE LAP

NELAP

NELAP

IL FLAP iM NELAP Acciudilnd

. ACcreuNtion 4100226

t .

',

. 1.

_ . ;

.

.

IDfN

Regi5uy 117504

LOSEL6E8TS

SS:St P0 . LT

noN

5455 ORSESHOE LAKE

ROAD

COLL fhSVILLE . ILLINOIS

62234

TEL : 618-344-1004

FAX : 618-344-1005

Pugc + oy r

LE

:9T

P00L/Lt/tt

client Trojed :

CSX 100 610

Client Senlple 1D : #3

Collection

Dart; '1W20/0S

Msair :

SOLID

3 :35

:00 PM

Result

Units DF Dote Aulyred

Analyst

21 .0

%

1

19)29104

JRS

71.0

%

t

102904 JRS

0

.47 mWKpdry

1

1028104

TON

4

1

.2

.6 mWKrdy

mWKS-dry

f

1012aM410/10104

TONTON

1.2

mWKttdy

1

10/25104

TON

1.2 mgKQWy

1

10x28104

TON

0.60 mglKadry

T

1025104

TON

1 .4 mWKOary

1

1028104

TDN

NO rgMQdy

1

1025104

TON

2.1 ngKpdry

1025!04 TON

NO m9lKOOy

f

1020104 TDN

0 .54

f"%9dy

1

102&04

TON

No

MWKQdry

1

10/25104

TDN

042

mOrK4T0y

T

10125101 TON

1 .7 mwKpdry

T

102,0. TON

0 %AEC

1

102504

TON

NO VWKQOy 2S 102,04 7

31

:00 PM

HLR

WD OWKg4ry 2s 4029)04 7.30:00 PM

HLR

NO

ncMOdy

25 40,29104 7:56

:00 PM

HIP

NO pglKpdy 2S 40121/04 7 36:00

PM

HLR

102

%REC 25

4029)04 7:36 :00 PM

HLR

07 .7

%REC 25 4029/04 716:00 PM HLR

06.4

%RaC 25 10/29)04 7

:30:00 PM

HLR

104

%REC 25 10/20/04 7:36.0 PM

HLR

CLIENT:

W ornorda

Haleber

Service, Inc

.

04100665

Lab 10;

04100665 .003

Report Date

:

OI-Nov-04

---

TT/LO 39bd

L0'39bd

TEKLAB, INC

.

ENVIRONMENTAL

TESTING LABORATORY

CLIENT :

WWIGM4r

:

Lab

ID :

Report Dole:

Analyw

ASTM D2974

Pa/cera MaaNro

STANDARD METHODS 10TH E0. 2540

G

Tow

so"

0 .1

AaenapMend

A4ona M0*,,4

Mf,rapana

Benm(a)anVeatar

Berca(alpy/arr

Oenm(o)euaenflerr

8aAWW

,I)per 4sne

Benm(k$uororanaro

Cnrys

OIManyo(a.h)Onfwacwv

FlueranVlena

Fluorine

IrdalatL23<4)prrw

NpnOrlane

Pha nibrons

Pyroro

Sw : Yorpnan),ral4

BanVale

tohc,o

EsrMrrane

Xylana

. TobI

Sun: 1 .2-DicNwo .Uaned4

Sum 4 .BtomofNyabenuna

Sun: DibrmwIuaomoOnn

Sun: Toluened6

insus~st9

Laboratory Results

HutcSa Swim, Llc .

0410066$

04100667-004

~~ CenfRution ' . . . RL

CLAP

.

NE LAP

NELAP

NEUP

NE LAP

0 .1

0.64

0 .64

NELAP

0 .21

NELAP

0

.17

CLAP

021

NELAP

0.21 .

CLAP

024

NELAP

021

NELAP

011

NEUP

0 .21

NEUP

0 .12

NELAP

0

.21

NELAP

0.21

NEUP

0.96

NEUW 021

NELAP

021

20

.7-171

1,b

9.1

9.1

9.1

72 .8-122

75 .6-120

74 .1 .121

82 .8.112 .6

LDSEL6E8T9

95:ST P0, LT nON

5445 ORSESHOE LAKE ROAD

COL INSVILLE .ILLINOIS 62234

TEL

: 618-344-1004

FAX 618 .344

.1005

LE

:91 p00 Z/LT/TT

IL FLAP O

d NEUP 4cueabeo . Accrc4I

Iian 4100226

IDPH RiOawy M11584

Pdj e a of 4

Qual

ClieoiProject

: CSX 10

610

Analyst

Clitat Sample 1D: 04

Collection Date

:

Ma1ds :

)0F2/0

SOLID

III,

4 .04 :00

PM

Result

tint

Date AAaly4td

H

33.0

%

10/79104

JRS

67.0

%

10/29)04

JRS

1.1

W01)(9-cwt,

10679104

TON

NO

NO

moKydry

rrl0ntP0y

torlwN

10129)04

TON

TON

1 .6

mfl9fdy

10/2/04 TON

3.2 mfrKfary

1020/04 TON

3.3 myKfdy

1029)04 TON

3 .9

nIQKfdy

1020)04

TON

1 .4 rrglKOdy

1012604

TON

2 .3

mf/Kedy

10128/04

TON

NO

,ny*fdry

102604

TON

is mf/lcfdy

102604

TON

HO

mp,Kfdy

I0/7W4

TON

10 maifdy

102604 TON

24

myKfdy

10(2604

TOM

1,0 mfKfdy

102604 TON

2.4 myKBly

162604 TON

5

0

%REC

102604 TON

2.5 pf/KQ.dry

I /71/045 :32 :00 AM HLR

3

ND p0'X dy

I

10131/04 5 :32

.00 AM

HLR

NO

1,9M8dy

I

1/311045:32:00 AM

HLR

J

NO PWV4)4y

I

10/31104S32

:0AM

HLR

tto

%REC

I 1/311045.32:00 AM

HIP

S

72.7

%REC

I 10171/04 5:32:00 AM

HLR

11I %REC

I

I/31104t3Z00AM HLR

151

%REC

I 101311045:32 :00AM

HLR

---

B0'30e1d

-

GPS£L6C9t9

TEKLAB, INC.

ENVIRONMENTAL TESTING LABORATORY

Laboratory Results

5445

COL

II

. ELAP irk NELAP Acortdn44-Accrc4ket'on b100226

I0 H RopiWy

617584

TT/90 39Vd

LPSELSE819

HORSESHOE LAKE ROAD

NSVILLE . ILLINOIS 62234

9S:ST P0 . Lt OON

TEL : 618 .344.1004

FAX : 618 .344 .1005

P

.Kc 7

../9

LE

:9T 00001/Lt/t1

CLIENT :

Hulhba Saviee, Inc .

Warder :

04100665

Lab ID :

04100665-OOS

Report Due :

UI-Nor-04

Quid

Client :

Project CSX 10 810

A ayw

Client Sample ID+ 1#S

Celketioo Dare ;

Matrix :

10!2010'

SOLID

DF

4 :15:00 PM

ADalym

DateAnslynd

Cerdfcatton RL

RaSdt

Units

ADTM 22174

vacant Moi4Wr .

0.1

H

24.0

%

1

1021/04

JRS

STANOADn JU7NODC lint EIl 2s&o n

Tout Sol"

0.1

N

71.2

%

1

1(/20,04

.1R5

AW4W0 35S%A

UlA

Pllt /NUM FAR AROMATIC HYDRnCARBONS 9Y NPLC ;

AGNMI11Mne

NE LAP

0.02

ND mpKpdy

1

10/21/04

TON

ACWWXVItone

0.62

NO mfpay

%

10/20104

TON

AAPIrAD w

NELAP

0.21

No mp/Ky4y

1

1021/04 TON

6

.n o($u. lrOCOne

NELAP

0 .16

1

.0 "IW94y

1

102044 TON

ponto(olpl4eno

NEUP

0

.21

1 .1 mlCp4y

1

10121/04

TON

pMngOpuornuwno

WELAP

0 .21

1 .1 m9,94y

1

10120/04 TON

Oa Dpi

.11paryMne

NELAP

02%

1 .1 mpKp4y

1

10128104

TON

ONOO(kpuorMOIene

NELAP

021

4.43 mWKOdy

I

1028104 TON

CluyeeW

NELAP

0.21

1.1

mp4pdty

I

10/21/04

TON

p9.fin ataJs)anWacme

NEIAP

0.21

NO mWKp4ry

I

10128104 TON'

Ftufltl Cn.

NEIAP

0.41

2 .2

mWKpdry

1

10/20104 TON

Fkwone

NEUP

021

ND mWKp-ay

1

10120004

TON

IMano(12.3-cd)pyr.n

.

NELAP

0.21

0.70

mWKpdy

1

10116,04

TON

Nupdtakme

NELAP

042

ND rnp/Kp-*y

I I

11/21/04

TON

Phasa*nas

NGIAP

0 .21

1 .3 mWKpdy

1

10126104 TON

Pyron.

NGIAP

021

1

.4 rWKp4y

I

10/20104

TON

Sir rarph

.nyi.414

21.7-171

5

0

%REC

I

10/28/04

TON

5W-O45 6020

.0=6OR-Vat Ant F ORGANIC COMPOUNDS BY GC/Mra

ON174n.

NELAP

120

ND N VK94ry 50 17130/04 12.48 :00 AM

HLR

Tduaro

NEW

64.3

MD yWKg

•d

y SO 10130/04 1248 :00 AM

HIS

C(A)W au

NEUP

043

No

jWKpdy 50 111130104 12 :48 :00 AM

HLR

Xy/en44. Tote

NgLAP

643

ND p09-dry 50

f0/1W0412.40

:00AM HLR

Sum I .2-DIcNgcohana44

72 .B.122

101

%REC 50 1 ; 3W0412 :49:00 AM

HIS

Sum 4-BrmnoN/erpbau4ne

75 .6120

100

%M C

50

17120404 12 ;48;00 AM HLR

Sum DItmamp" aometana

74 .1 .121

$7.T

%REC

50 11U3WM 12 ;48.00 AM

HIS

Sun Tokwrtud0

62

.0-112.1

103

%REC 50 I )M/04 1248:00

AM

HIS

---

60'3`Jdd

IT/60 39Vd

L9S£L6£BT9

TEKLAB, INC.

ENVIRONMENTAL TESTING LABORATORY

Laboratory Results

CCent Project : CSX I

Client fi4imple 11) ; N6

Collection Dote

: : 10/20/0'

iwmmtx :

SOLID

Cetiffiaiion -'

RL- Quid ^ Remit .-

Unttt

` DF

$

445

COLL

ILCLAP andNELAPACt,001100-ACCIC6101lon0l00:2&

10P44RugIoItyu17584

LPSEL6EBT

810

LS :S1 P0

. LT MN

ORSESHOE LAKE ROAD

INSVILLE . ILUN015 62234

TEL'618 .344

.1004

FAX

: 618.344 .1005

4 :21 :00 PM

Date Analyzed At44yat

Tulcr 6

urp

LENT OM/if/11

ATh

IM

02274

P41COnl M4ieolm

0.1 ,

N

31 .1

%

I

10/26/04

JRS

STANDARD &FTHOOS

tamED.2640 0

Tom Saia1

0.1

H

4$.)

%

1

10121/04

JRS

I .

t1• . -

ACORX*dWll

NEIAP

0.02

ND

°O/KO-dry

I

10f20104

TON

ACO1umvribno

OAY

ND m-KO*y

1

IO/20104

TON

AMIIICOIl0

NELAP

0.21

No

m0NCOdy

I

10120104

TON

E4ns(Oluw+ocu'lo

NOW

0.11/

0 .31 m0MDdy

I

10(10104

TON

94nra(*MN1o

NELAP

0.21

4 .44 mpKOdy

I

10/26/04

TON

9onw(ephroramlrna

NELAP

0.21

0.34

mbKpdy

1

10120104 TON

6anm(O.h.OpaMdw

HEAP

0.21

0.07 mWKwdy

+

10/26/4 TON

6anaa(LMIUdIerMelw

NELAP . 0.21

0.23

loner

TON

C-m

NELAP

0.21

0A7 mfMp-y

1

10/20/04 TON

O4lanto(a

.h)InI6rxaw

NELAP

0 .21

ND mgIKpdy

1

10(20/04

TON

Fluoran6rlw

NELAP

NELAP

0 .41

021

ai4

ND

msKgdy

myKO .01y

I

1

I

Mama

10126104

TON

TON

IMan4(1,2jca)pyena

NELAP

021

OA3 nWKOdry

1

10/26/04 TON

NaphihalM

NELAP

0.62

NO

rDCgdy

M/20/04

TON

Ptonadw"

NELAP

0.21

0 .30

myKOdy

1

1026104 TON

Pyrane

NELAP

0.21

0.63 mgIgdy

I

10/20104

TON

Star: Terpewiyfd14

20.7-171

S

0

%REC

I

10/20Ma TON

7 .~ .

. I

Banrwla

NELAP

32.4

NO

pgMPdy

12.5 1013004 1:21 :00

AM

HLR

Toluene

NELAP

102

ND

POMOdIy 12 :5 +0136/041 :21 :00 AM HLR

E+hyltanza

NELAP

162

ND pyKOdy

12 .5 10/30104 1 :21 :00 AM HLR

"as, Tool

NELAP

102

ND

PVIKgdy 125

10/30/041 :21 :00 AM

HLR

Sun : I,2 .OlcNawt 323044

721.122

107

%REC

12 .5 10M04

1

:2t00AM HLR

Su+: 44COmofluarolwlmone

75.F120

061

%AEC 12 .5

10n01041 :21 *0 AM

HLR

Sum. Db rnffi ran001ane

74 .1 .121

00 .1

%REC

12 .3 10/301041 :21 :OO AM MLR

Swf. Toulansd6

82.3.112 .8

194

%REC

17.3 10/30104 1 :21 :00 AM

MLR

CLIENT

:

wofkOtdor:

Hulcha Service, Inc

.

04100665

Lob ID

:

04100665

.006

RtpoR D4tr . 01-Nov-04

---

T1/OT 39Vd

I 07'35tc '

L0SEL6E9T9

TEKLAB, INC .

ENVIRONMENTAL TESTING LABORATORY

Client Project : CSX 10

Client Sample ID : #7

Collection Dew 1012710-

Matru

:

SOLID

Analyu6

Certification RL

Qual

Rnak

Units D

Laboratory Results

5445

COL

ILELAPaadNEAPAtcreoiIed . Accrwf1

.11 nA100226

IDPHAC041(yA1y5(N

LVGELGE919

HORSESHOE LAKE ROAD

O4SVILLE . ILLINOIS 62234

810

SS:ST b0, LI nON

TEL : 616-344-1004

FAX : 618 .344

.1005

: :4$ :00 PM

Date Analyzed

Ana"

P~'c 041'

LE :9t 0002/Lt/TT

AMY 02974

Part" M6&Wr0

0.1

17.7

%

I

10(2W04

JRS

STANDARD METHODS 14TH FO. 2540 Q,

Tool SONS

011

IZ3

10129/04

JRS

Jyj-MI ISSOR

. 83 In PM YNLKJ FAA AROMATIC HYDROCARBONS 9Y ((PLC

ACWw# W4

NEAP ' 0.36

OAS m 'XOay

1

10128104

TQN

Anna$MMtSie

0 .36

No

m6/1(ydry

1

1

10/26004

TON

MNracw

04 FLAP

0112

ND

m9/KO-dry

4

10(26104

TON

eant0(6)eOflt r

NEW

0 .096

1,6

mg%ydry

I

1012004

TDN

e4ragaWl we

NELAP

0 12

1.9 MOV44 y

1

1029104

TON

9enm(epuennOrrr

NEW

D.12

2.1

m6WA9Pdty

1D26/M

TDN

ON4o(OJLOp

. Sao

NEAP

0.12

20

M0a% 'dy

1

102./04

TON

84r1e4Q1r~1M0Yaralbrla

NEAP

0.12

01d m04(O4y

10120104 TON

QvyWM

NEAP

0,12

1 .6 m04(0-dry

10(26/0.

TON

Dibnw(ttt14nduao4ne

NEAP

0112

ND mg4(g.d

I

1wZomd

TON

FWreMMn4

NEAP

0.24

co m01(pay

t

10120104

TON

Fl-I.

NEAP

412

NO

m0M04ry 1

WAS/D4

TON

IrdUn(1,R3.c

pYrW

NEAP

0 .12

1,1 M (g4y

1

10126104

TDN

NacMIUISM

NELAP

0,48

1J m lKOdry

1

1w2AID4

TON

Phenantrena

NELAP

0 .12

1A

m06(Ody

1

10211D4

TON

Pynna

NEAP

0.12

14

mVKOdN

1

10(21/06 TON

Suit TarphenYW 14

20.7.171

S

O

%REC

1 .

1&2&W

TON

,SW-946 -412 02629

. YOtA7a F nRGANIC COMPOUNDS 1W GCJM$

04nzena

NEAP

1 .2

J

N0

M01X94y

1

1001104 6:04:00 AM HLR

Tohrwn

NELAP

6 .0

MD M06(O-dry

1 10131104 804:00 AM

HLR

EmyIMrlorr

NEAP

6 .0

ND MoIKgd(y

1 10/31104 6 :04 :00 AM

HLR

AIIAnm,Twd

NELAP

6 .0

ND

1J91XQ4y

i 1/01104 6:04

:00

AM

HLR

Scar I2.01mb100th4a44

72 .1

.

122

115

%"C

1

10/31/04 6

:04'00 AM

HLR

Surr 4.Omoio uvobwmM

75

.6

.120

5

724

%REC

i 10131/04 6 :04 .00 AM

HLR

Sure : D'ib,om01uarome(1'sM

74 .1 .121

106

%REC

1 10/31/04 6:04'00 AM HLR

SwrTduonoGI

aze-112a

147

%REC

1 10131106

6 :04 00 AM

HLR

CLIQNT:

Hulcher Strvicc, Ind,

WorlOrdn:

041 OU663

Lob ID:

04100665-007

Report

Datm 01-NOV-04

---

J

Y

Nw

T

V

I-m

n

CHAIN OF CUSTODY

pg . _L of

--~_-

. Work Order #

Al

ZNL.Les

TEKLAB, INC . 5445 Horseshoe Lake Road

-

Coilinsville, IL 62234 - Phone: (618) 344-9004

- Fax: (618) 344.1005

Are the samples chillad? ONO

V

YES (Ice or Blue Ice)

Cooler Tempsraturs

: , fk.q

.'C

Preserved In :

131.2131

Y Field

Mine

Address

:

City/ Slate I Zip :

Contact

: l

lYY\n}t.;t Phones ,p

SR-3c1 -1- :;Si1

E-Mail :

Fax: ~~

II1-397 -3S %4

Are these samples known to be involved In IIdpation?

OYes

No

Are these samples known to be hazardous? OYea )QNo

Are there any required roportlng limits to be met on the requested analysis?

[Was ONo If esplease

vide limits In comment section.

I.

4

Lets

L„KP

Comments ,

The individual signing lhk agreement on behalf of dient acknowledges that he/she has

teed and

understands the terms and

Sample Collector's

Name

MATRIX

INDICATE

ANALYSIS

REQUESTED

r

t

.

.

•

-

Billing

: .

hisbructions

oatUrime Samp1led

orcanmtners

°

e

a

F

'

Di

e

t :

2z

0

t

Lab Use Only

Sample Identification

lnMdeS nnl

(

ts .

2

Conditlens of this agreement, on the revereo side, end that

he/she has

the euthorny to sign on behalf olcllent.

WHITE- CLIENT YEL_4OW -

LAS

PINK-SAMPLER

Z

Ir

.

k

k

~

fl

~7

lo- 7- KV

>( X

Relinquished By

Date/ . me

Received By

Da1.ITIme

1

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

BUREAU OF

LAND / FIELD OPERATIONS SECTION

RCRA INSPECTION REPORT

GENERAL FACILITY INFORMATION

TYPE OF FACILITY

I

Notified As :

G-1

Regulated As :

I

TYPE OF INSPECTION

CEI:

0

CME/O&M :

El

CSI :

El

NRR : ®

CC] :

El

PIF:

0

CVI :

0

CSE:

0

CAD :

0

FUI to :

Other :

NOTIFICATION INFORMATION

(EPA 8700-12)

I Notification

Date:

(initial)

(subsequent)

I

PART A PERMIT INFORMATION

(EPA 3510-3 OR

EPA 8700-23)

I Part A Date :

Amended :

Withdrawn

:

CACO:

Consent Decree :

PART B

PERMIT INFORMATION

(Check one if applicable) Application Submitted? Q

Permit Issued?

[I

Date

:

I

Date facility referred to

:

USEPA:

IAGO:

County State's Attorney :

ACTIVE ENFORCEMENT ORDERS

CAFO:

ACTIVE ENFORCEMENT

IPCB Order

:

1

Federal Court Order

:

State Court Order

:

EXHIBIT

1

,s

USEPA ID #

: ILD000665505

IEPA ID # :

1630450024

Facility Name :

CSX Transportation Inc .

Phone #: 904/359-4800

Location

3900 Rose Lake Rd

County: St. Clair

City:

East St

. Louis

State :

IL

Zip Code : 62201

Region :

Collinsville

Inspection Date

: 12/30/2004

Time :

1 :00 PM

Weather:

sunny, dry, 80 degrees

---

OWNER

PERSON(S) INTERVIEWED

N/A

TSD FACILITY ACTIVITY SUMMARY

TITLE

OPERATOR

PHONE #

INSPECTION PARTICIPANTS

AGENCY/BUREAU

Kathy Vieregge

IEPA/BOL

618/346-5120

*Report prepared by this person .

SUMMARY OF APPARENT VIOLATIONS

X = CONTINUING VIOLATIONS

2

PHONE #

AREA

SECTION

X

12(a)

i1

12(d)

iI

12(f)

11

21 (a)

01

21(e)

11

O

∎

Name:

New York Central Lines

Name:

CSX Transportation Inc .

Address : 2001 Market St

. 6A

Address : 500 Water St. J340

City:

Philadelphia

City:

Jacksonville

State :

PA

Zip Code : 19103

State :

IL

Zip Code : 32202

Phone #: 215/209-2000

Phone #: 618/482-2656

Activity by

Process

Code

On Part

A?

On Part

B?

Activity

ever

done?

Closed?

Being done

during

inspection?

Exempt per

35 IAC Sec :

On Annual Report :

∎∎

∎

∎

∎∎

O

∎∎

AREA

SECTION

X

AREA

SECTION

X

∎

∎∎

---

State of Illinois

ENVIRONMENTAL PROTECTION AGENCY

MEMORANDUM

TO:

BOL FILE

DATE :

December 30, 2004

FROM :

Kathy Vieregge, SSU

- Collinsville

SUBJECT :

Non-Financial Records Review

RE :

LPC #1630450024 -St . Clair County

East St . Louis/CSX Transportation Inc .

IEMA #20040957

Compliance File

Documents Reviewed

: IEMA Incient Report dated 7/9/04

; IEPA photos 7/12/04 ; IEPA letter to CSX

Railroad dated 5/5/04 ; Memo to EOU File dated 9/29/04

; Letter from Hulcher Services Inc . Dated 9/29/04 ;

IEPA letter to CSX dated 10/11/04

; Analytical data fax from Hulcher Services Inc . Dated 12/16/04.

Reviewed by : Kathy Vieregge, FOS - Collinsville Region

Review Notes :

•

IEMA incident report notes that a leak or spill occurred on 7/8/04 (discovered 7/9/04)

. The

amount released is reported as 400 -

500 gallons of diesel fuel .

•

9/29/04 Memo to EOU File -

Springfield notes that soil would be excavated and 0/0 was

instructed to analyze samples for BTEX and PNAs

.

•

Analytical data faxed from Hulcher Services on 12/16/04

•

Seven soil samples were collected on 10/20/04 and analyzed for BTEX and PNAs

.

•

Results were compared to 35 IAC Part 742 Tier 1 Soil Remediation Objectives for

Industrial/Commercial Properties and Background Carcinogenic PAH 95th Percentile

Concentrations .

Sample #4 exceeds Background Concentrations

:

•

Benzo(a)pyrene Result- 3

.2 mg/kg Background - 2.1 mg/kg

•

Benzo(b)fluoranthene Result-3

.3 mg/kg Background - 2.0 mg/kg

•

Indeno(1,2,3-cd)pyrene Result-2

.0 mg/kg Background-1 .6 mg/kg

Sample #7 exceeds Background Concentrations :

•

Benzo(b)fluoranthene Result-2 .1 mg/kg Background-2

.0 mg/kg

Review Summary:

Confirmation soil samples #4 and 7 exceed Background Carcinogenic PAH Concentrations applicable for

St . Clair County

. Additional remediation work is required to properly complete and document the cleanup

.

---

January 3, 2005

Mr. David Haggerman

CSX Railroad

3900 Roselake Road

East St. Louis, IL 62201

Re : VIOLATION NOTICE, L-2005-01001

Release Incident: 20040651

1630450024/CSX Transportation Inc.

East St

. Louis/St. Clair County

Date Release Occurred: 7/8/04

Date Release Reported : 7/9/04

Dear Mr

. Haggerman :

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021

NORTH GRAND AVENUE EAST, P

.O . Box 19276, SPRINGFIELD, ILLINOIS

62794-9276, 217-782-3397

JAMES R . THOMPSON CENTER,

100 WEST RANDOLPH, SUITE 11-300,

CHICAGO, IL 60601, 312-814-b026

ROD R .

BLAGOJEVICH, GOVERNOR

RENEE CIPRIANO, DIRECTOR

This constitutes a Violation Notice pursuant to Section 31(a)(1) of the Illinois Environmental

Protection Act ("Act"), 415 ILCS 5/31(a)(1), and is based upon review of available information

about the above referenced spill and release of petroleum product from your facility located in

East St. Louis.

The Illinois EPA hereby provides notice of violations of environmental statutes, regulations or

permits as set forth in the Attachment to this letter . The Attachment includes an explanation of

the activities that Illinois EPA believes may resolve the specified violations, including an

estimate of a reasonable time period for completion of the necessary activities . However, due to

the nature and seriousness of the violations cited in the Attachment, please be advised that

resolution of the violations may require the involvement of a prosecutorial authority for purposes

that may include, among others, the imposition of statutory penalties .

PRINTED on, RECYCLED PAPER

CERTIFIED MAIL 70022410000554788601

RETURN RECEIPT REQUESTED

Mr. Joseph W . Tupa

Manager, Hazardous Material Field Services

CSXT

1700 West 167th Street

Calumet City, IL 60409

RECE IVE

Division

of Legal Cou

OCT 3 1 2005

ROCKFORD -4302 North Main Street, Rockford, IL 61103 -

(815) 987-7760

~V, QnIPEVRa

Protection

DES PLANES - 951

mes, IL 60016 - (847) 294-4000

ELGIN

- 595 South State, Elgin, IL 60123 -(847) 608-3131

• PEORIA - 5415 N . University St

., PeoriIWfQ,•~ /(309) 6935463

BUREAU OF LAND-PEORIA-7620 N

. UniversitySt .,Peoria, IL61614-13091693-5462

• CHVVIPAIDN-2125 South Firs ~S

Chaff,paign,IL61820- ( 217)278-5800

SPRINGFIELD-4500 S . Sixth Street Rd

., Springfield, IL 62706 - (217) 786-6892 •

COLLINSVILLE

- 2009 Mall Street, Collinsville, IL 62234 -(618) 346-5120

MARION -

2309 W

. Main St.,

Suile 116, Marion, IL 62959 - (618) 993-7200

EXHIBIT

---

VIOLATION NOTICE, L-2005-01001

Release Incident : 20040651

1630450024/CSX Transportation Inc

.

East St. Louis/St

. Clair County

Date Release Occurred

: 7/8/04

Date Release Reported :

7/9/04

A written response to this Violation Notice, which may include a request for a meeting with

representatives of the Illinois EPA, must be submitted via certified mail to the Illinois EPA

within 45 days of receipt of this letter

. The response must address each violation specified in the

Attachment and include for each an explanation of the activities that will be implemented and the

time schedule for the completion of that activity

. The written response will constitute a proposed

Compliance Commitment Agreement ("CCA")

pursuant to Section 31 of the Act

. The Illinois

EPA will review the proposed CCA and will accept or reject it within 30 days of receipt

. If a

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

of the opportunity to respond and to meet, and the Illinois EPA may proceed with a referral to a

prosecutorial authority .

On October 11, 2004 I sent you a letter requesting that you enroll this site in the SRP -

Voluntary Program

. No response to that letter has been received

.

All technical and written communications should be directed to me

.

Sincerely,

Chris N

. Cahnovsky, Regional anager

Field Operations Section

Bureau of Land

CNC :KAV:pbo

be 4$OL: Drvilstoi F le's

be : BOL - Collinsville

Page 2

---

ATTACHMENT A

I.

Description of Violations

CSX Transportation Inc

. is in apparent violation of the Illinois Environmental Protection Act

because it caused or allowed a release of petroleum products to soil, subsurface strata and

potentially groundwater

.

Although we have received correspondence dated December 16, 2004 describing certain

activities that were taken to attempt to respond to the release, the company has not provided

Illinois EPA with sufficient information to confirm that the cleanup of all residual material has

been completed .

According to the information provided, residual contamination may remain in the soils, and/or

subsurface strata constituting a continuing source of further releases to groundwater or waters of

the State .

Releases and threats of releases of contaminants to groundwater constitute violations of Section

12 (a) of the Act, which prohibit causing or allowing water pollution or creating a water

pollution hazard

. Releases and threats of releases of contaminants to soil, and potentially

groundwater constitute violations of Section 12 (a) and 12(d) of the Act, which prohibit causing

or allowing water pollution or creating a water pollution hazard

. Under Sections 12 (a) and 12(f)

of the Act, no person shall discharge contaminants into waters of the State without obtaining

appropriate permits

. Releases to soil and ground surface may also constitute violations of

Section 21 (a) of the Act, which prohibits open dumping

. Section 21 (e) does not allow disposal,

treatment, storage or abandonment, except at a site or facility, which meets the requirements of

the Act and of regulations and standards thereunder . Sections 12 (a),

12 (d), and 35 III

. Adm.

Code 620.115

and 620

.301 (a) prohibit the release of any contaminants to a resource

groundwater .

Section 12 (a)

No person shall cause or threaten or allow the discharge of any contaminants into the

environment in any State so as to cause or tend to cause water pollution in Illinois, either alone

or in combination with matter from other sources or so as to violate regulations or standards

adopted by the Pollution Control Board under this act

.

Section 12 (d)

No person shall deposit any contaminants upon the land in such place and manner so as to create

a water pollution hazard .

Section 12 (1)

No person shall cause, threaten or allow the discharge of any contaminant into the waters of the

State, including but not limited to waters of any sewage works, or into any well or from any

point source within the State, without an NPDES permit for point source discharges issued by the

Illinois EPA.

---

Section 21 (a)

No person shall cause or allow the open dumping of any waste

.

Section 21 (e)

No person shall dispose, treat, store or abandon any waste, or transport any wastes into this State

of disposal, treatment, storage or abandonment, except at a site or facility, which meets the

requirements of this Act and of regulations and standards thereunder

.

SUGGESTED RESOLUTION

A.

Enter this site into the Agency's Site Remediation Program so the Agency can review and

approve the remediation work that needs to be done to properly complete and document

the cleanup .

---- or

B .

The Illinois EPA recommends that all the activities described below be submitted as part

of a proposed Compliance Commitment Agreement relative to the release cited herein .

An estimated schedule must be provided for completion of each activity

. We expect that

activities 1 and 2 (an investigation into cause .of the release and a focused site

investigation) can reasonably be completed and appropriate reports submitted to the

Illinois EPA within forty-five (45) days of your receipt of this Violation Notice

. The

Illinois EPA recognizes that the schedule for activities 3 through 5 will be dependent on

the results of activities I and 2, and that adjustments to the time schedule proposed for

activities 3 through 5 may be appropriate at a later date .

1

. Conduct a thorough investigation by knowledgeable personnel into the cause or causes of the

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

. This investigation

may be conducted in accordance with the enclosed "Compliance Documentation Guide I -

Criteria for Investigation of Causal Factors and Development of Preventive Responses

("Guide

I"), which is provided for your convenience .

Illinois EPA recommends that a comprehensive report of that investigation and

recommended corrective actions be submitted within forty-five (45) days of your receipt of

this Violation Notice

.

2

. Conduct a focused site investigation at the emergency incident site with respect to the

material released and any other material or conditions that affect the mobility and enhance

the toxicity of the material released

. The site investigation may address the criteria cited in

the enclosed "Compliance Documentation Guide B -

Criteria for focused Site Investigation

and Remedial Action Plan at Emergency Incident Sites ("Guide

B"), which is provided for

your convenience .

---

Illinois EPA recommends that an investigation report be prepared for the site in accordance

with Guide B and be submitted within forty-five (45) days of your receipt of this Violation

Notice.

3

. Determine remediation objectives in accordance with Guide B and the documents and

regulations cited therein

. A remediation objectives report should be prepared in accordance

with Guide B and submitted for review

. A proposed date for submission of this report must

be included .

4

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

locations where the contamination concentration exceeds the remediation objectives, which

have been approved by the Agency for the incident location

. The remedial action plan

should be submitted to the Agency for review in advance of implementation . The remedial

action plan should also contain an implementation schedule

. The Agency may agree in

writing to amendments to portions of the schedule if conditions during implementation

justify this

. [Note: If remedial action is expected to exceed three months, the plan should

include a schedule for detailed quarterly reports of progress . The content of such reports

should be proposed in the remedial action plan

.]

5

. Prepare a remedial action completion report at the completion of the accepted remedial

action plan

. The remedial action completion report should be submitted to the Agency by the

date proposed in the accepted remedial action plan

. The remedial action completion report

may be prepared in accordance with "Compliance Documentation Guide C - Criteria for

Remedial Action Report at Emergency Incident Sites ("Guide C"),

which is provided for

your convenience .

---

U .S . Postal Service .:.,

CERTIFIED MAIL,,., RECEIPT

(Domestic Mail Only; No Insurance

Coverage Provided)

PS Form 3800 . June 2002

see Reverse for Insfrnelion ;.

ENDER : COMPLETE THIS SECTION

For delivery

OFFOCOAL

intormation visit our weesite at www

USE

.usps.come

.

Article Addretuted to:

Mr . David Haggerman

CSX Railroad

3900 Roselake Road

East St . Louis, IL 62201

I Complete items 1, 2, and 3 . Also complete

Item 4 it Restricted Delivery Is desired .

1 Print your name and address on the reverse

so that we can return the card to you .

I Attach this card to the back of the mailplece,

or on the front if space permits .

5 Form 3811 . August 2001

Domestic Return Receipt

S" to

CSX Railroad -

David Haggerman

C

.

srfVaorNO

..

.

; 3900

Roselake Road

. East

St

. Louis IL 62201

I

COMPLETE THIS SECTION ON DELIVERY

O Express

UFOja$,

Mali

1

l

o Return Receipt for Merchandise

O C.O.D.

I

7002 2410

0005 5478

8601

41

Q"~~

n

y y

I""9

o

0

o m `r

d

nro

o

W y

Z

CoA

C

r-

4t

o

a

5• y, w

N N

-$

' tiJ Zo0

C

Nd O (p C Q

o'

z

S

nNU

CD

N o a (9

. 21 `"

a

N

~

O

?

-x~7

no

G71

W

0

W A O

CI1

N

o

-4f0

a a

^ o

g

O

7

•p

y

C

a0

z

C)C~!zn.C

---

Certified Mail

Provides :

_~ *t

∎ A mailing receipt

t

lar/ew10=aW-r" .ODK 1

p°dad

•

A unique Identifier for your mallpleee

•

A record of delivery kept by the Postal Service for two years

f•

Certified

Reminders:

may NLY be combined with First-Class Maila or Priority Man,

•

Certified Mall Is not available for any class of i nemational mail .

•

NO INSURANCE COVERAGE IS PROVIDED with Certified Man . For

valuabies, please consider Insured or Registered Mall.

∎ For an additional fee a Return Rev= m be requested to

de proof of

Reo

t (PS Form1 tooeNe eNde and add

applicable

postage to cover the

~

lea.

PEndorse

llcata return

mallpiece

receipt

Return

a USPS0

Receipt

poeonark

Registsred'on

your

.

Certified

To receive

Mail

a fee

receipt

waiver forIs

∎ For

t

an additional fee, delivery may be restricted to the addressee or

addressee's authorized agent . Advise the dark or mark the maliplece with the

endorsement `RestddedDellvait.

∎ II a postmark on the Certified Mail receipt Is desired, please present the arti-

cle at the post

office

for postmarking

. If a postmark n the Certified Mail

receipt Is not needed, detach and aft label with postage and mail .

IMPORTANT : Save this receipt and present It when making an Inquiry .

Internet access to delivery Information is not available on mall

addressed to APOs end FPOs .

UNITED STATES

POSTAL SER

OU/S

~~

PM '~

EET

Y'F :O

: .I

1

A

Rirkl

IT

e Sender: Please

p:a.

,

address

801,-

ENVIRONMENTAL

PROTECTION AGENCY

2009 MALL STREET

COLLINSVILLE, ILUNOIS 62234

2 ---

.

•u

=_

1t1111111JiiltItlIIilIrrllIlIIIIIll1111111111111111 11 1111

1Ill

---

U.S

. Postal Service ...

CERTIFIED MAIL.

.. RECEIPT

(Domestic Mail Only ; No Insurance Coverage Provided)

PS Form 7900. Ju 110 2002,

See reverse lotInsuvili n .

For delivery inlormntlon visit our website at www.uSps

.enm,

.

OF CDAL

us

ENDER : COMPLETE THIS SECTION

I Complete Items 1, 2, and 3 . Also complete

Item 4 If Restricted Delivery is desired .

I Print your name and address on the reverse

so that we can return the card to you .

I Attach this card to the back of the mallpiece,

or on the front if space permits .

COMPLETE

B .

~,

THIS SECTION

"

VIIN

ON DELIVERY

'

11

by

(Pd 'tad ame)

e A

',"4

D Is dtmiy address different hen, Item4? •Yes

B YES, enter delivery address below:

O No

6

- Y

D to

. Ankle Addressed to:

CSXT

Joseph W . Tupa

1700 West 167th Street

Calumet City, IL 60409

Ankle Number

(Traukr Iron servke /ad»q

i Form 3811, August 2001

CSXT - Joseph W . Tupa

Bv.WCApZ)

;----•- • •----•-• •. _. • ..

... .

WPOBUNO.

1700 West 167th Street

~W

~° ~5 Calumet City, IL 60409

7002

Domestic Return Receipt

Addressee .

I

r

II

Type

M

pd Mell O Expose Mall

O Rep

~--.O.ftstum Receipt for Merehandlso'

O Insured MaliSgC.O.D.

4 Restricted oeuvard?(Extra Feel

.

O Yes

2410 0005 5478 8595

r

ap

n3

nrrl

xoa

.jp

H

yi'c? l_n ,t

22~.

N

C7

10

tj

()00C)

03

In

><

o

2o i "

) a

om

c

5 -t

10

---

Certified Mall Provides :

ago l-W$Peegaot

∎ A melwq receipt

(~~u zoos

WV

'aost

ULIC~I ad

•

A unique Idernmer for your malplece

•

A record of delivery kept by the Postal Service for two years

Important

•

Reminders

:

Certified Mall may ONLY be combined with

First-Class

Mails or Priority Malls

•

Certified Mail is not available for any class of International mail

.

•

valuables,

NO INSURANCE

please

COVERAGE

consider Imbed

IS PROVIDED

or Registered

with

MailCertified

Mail

. For

∎ For

deliveryReceipt

an additional

.

(PS

To

Fonn

obtain

3911

teeStun

a

to

Return

Receipt

the extols

Receipt

aeMand

may

,

add

pease

be

applicable

requested

complete

postage

and

toprovl

attach

to

de

cover

a

proof

Returntheof

adupp9~cateretu~myip

SPS,poosttmmarkaionyourt~MdfiedaMaallrwxeiptS

•

For

addressee's

endorsement

an additional

authorized

'Restricted

fee,

agent

Delivery'delivery

Advise

.

may

the

be

clerk

restricted

or mark the

to

mallplece

the addressee

with theor

•

it

receipt

ole

a

at

postmark

the

is not

post

on

needed,

office

the Certified

detach

for postmarkingand

Mail

affix

receipt

.

label

If

to

a

desired,

with

postmark

postage

p!ease

on the

and

present

Certified

mail .

the erd-Mail

IMPORTANT : Save this receipt end present It when making an Inquiry .

Internal access to delivery Information Is not available an mail

addressed to APOs end FPOs .

UNITED STATES

POSTAL SERVICE"r

I.

First-Class

Postage & Fees

Mall

Paid

LISPS

Permit No . .100

•

Sender : Please

our name, address

; an Z1P+4i4-thistor'

DIVIROPIMFNTAL PROTECTION AGENCY

2009 MALL STREET

COLLINSVILLE, ILLINOIS 62234

_

_• .}'}']. y :• ;•

III~IIIIIII11IIIIIIIIIIIIIIIIIIII1I111I111111I

i1I11'I111~

---

1021

NORTH GRAND AVENUE EAST, P .O . Box 19276, SPRINGFIELD, ILLINo s 62794-9276, 217-782-3397

JAMES R . THOMPSON CENTER,

100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601, 312-814-6026

Re:

Notice Of Intent To Pursue Legal Action

Violation Notice, L-2005-01001

1630450024 -

St. Clair County

Release Incident : 20040651

Compliance File

Dear Mr. Tupa and Mr

. Haggerman :

This Notice of Intent to Pursue Legal Action is provided pursuant to Section 31(b) of the Illinois

Environmental Protection Act ("Act"), 415 ILCS 5/31(b) (2002) . The Illinois Environmental

Protection Agency ("Illinois EPA") is providing this notice because

:

CSX Transportation Inc . has failed to respond to a Violation Notice dated January

3, 2005 and issued by the Illinois EPA within the time frame required by Section

31 of the Act.

The Illinois EPA is providing this notice because it may pursue legal action for the violation(s)

of environmental statutes, regulations or permits specified in Attachment A . This Notice of

Intent to Pursue Legal Action provides the opportunity to schedule a meeting with

representatives of the Illinois EPA to attempt to resolve the violations of the Act, regulations and

permits specified in Attachment A. If a meeting is requested, it must be held within 30 days of

receipt of this notice unless the Illinois EPA agrees to an extension of time .

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

EXHIBIT

ROCKFORD-4302 North Main Street, Rockford, IL 61103

- (815) 987-7760 •

DES PIAINES-9511 W . Harrison St

., Des Plaines, IL 60016-(847) 294-4000

ELGIN

- 595 South State, Elgin, IL 60123 -

(847) 608-3131

• PEORIA-5415 N . University St., Peoria, IL 61614 - (309) 693-5463

BUREAU OF LAND - PEORIA - 7620 N

. University St ., Peoria, IL 61614 - (309) 693-5464 •

CHn PAiGN- 2125 South First Street, Champaign, IL 61820 -(217) 278-5800

SPRINGFIELD-4500 5 . Sixth Street Rd ., Springfield, IL 62706-(217) 786-6892

•

COLUNSVILLE- 2009 Mall Street, Collinsville, IL 62234 -(618) 346-5120

MARION- 2309 W

. Main St., Suite 116, Marion, It 62959 - (618) 993-7200

PRINTED ON RECYCLED PAPER

ROD R

.

BLAGOIEVICH, GOVERNOR

RENEE CIPRIANO, DIRECTOR

217/782-5544

TDD 217/782-9143

Mr. Joseph Tupa

CERTIFIED MAIL #

7002

3150

0000 1109

0313

Manager, Hazardous Material Field Services

CSXT

1700 West 167 th St.

Calumet City, IL 60409

Mr

. David Haggerman

RETURN RECEIPT REQUESTED

CERTIFIED MAIL # 7002

3150 0000 1109 0320

CSX Railroad

3900 Roselake Road

East St. Louis, IL 62201

RETURN RECEIPT REQUESTED

---

If you wish to schedule a meeting with representatives of the Illinois EPA or have any questions,

please contact me at 217-782-5544 within 20 days of your receipt of this notice .

Sincerely,

Melanie A

. Jarvis

Assistant Counsel

cc :

Brian White

Chris Cahnovsky-BOL Collinsville

Kathy Vieregge, - BOL Collinsville

Mindy Brandt

Meredith Kelley

BOL - Division File

2

---

ATTACHMENT A

I .

Description of Violations

CSX Transportation Inc . is in apparent violation of the Illinois Environmental Protection Act

because it caused or allowed a release of petroleum products to soil, subsurface strata and

potentially groundwater

.

Although we have received correspondence dated December 16, 2004 describing certain

activities that were taken to attempt to respond to the release, the company has not provided

Illinois EPA with sufficient information to confirm that the cleanup of all residual material has

been completed .

According to the information provided, residual contamination may remain in the soils, and/or

subsurface strata constituting a continuing source of further releases to groundwater or waters of

the State.

Releases and threats of releases of contaminants to groundwater constitute violations of Section

12 (a) of the Act, which prohibit causing or allowing water pollution or creating a water

pollution hazard . Releases and threats of releases of contaminants to soil, and potentially

groundwater constitute violations of Section 12 (a) and 12(d) of the Act, which prohibit causing

or allowing water pollution or creating a water pollution hazard . Under Sections 12 (a) and 12(f)

of the Act, no person shall discharge contaminants into waters of the State without obtaining

appropriate permits . Releases to soil and ground surface may also constitute violations of

Section 21 (a) of the Act, which prohibits open dumping . Section 21 (e) does not allow disposal,

treatment, storage or abandonment, except at a site or facility, which meets the requirements of

the Act and of regulations and standards thereunder

. Sections 12 (a), 12 (d),

and 35 111 . Adrri.

Code 620.115

and 620

.301(a) prohibit the release of any contaminants to a resource

groundwater .

Section 12 (a)

No person shall cause or threaten or allow the discharge of any contaminants into the

environment in any State so as to cause or tend to cause water pollution in Illinois, either alone

or in combination with matter from other sources or so as to violate regulations or standards

adopted by the Pollution Control Board under this act

.

Section 12 (d)

No person shall deposit any contaminants upon the land in such place and manner so as to create

a water pollution hazard

.

Section 12 (f)

No person shall cause, threaten or allow the discharge of any contaminant into the waters of the

State, including but not limited to waters of any sewage works, or into any well or from any

point source within the State, without an NPDES permit for point source discharges issued by the

Illinois EPA.

---

Section 21 (a)

No person shall cause or allow the open dumping of any waste .

Section 21 (e)

No person shall dispose, treat, store or abandon any waste, or transport any wastes into this State

of disposal, treatment, storage or abandonment, except at a site or facility, which meets the

requirements of this Act and of regulations and standards thereunder .

---

CIU

rn

0

0

rR

O

C

CC

C

Ln

,a

rn

ru

CC3

N

U.S

. Postal Service ..

CERTIFIED MAIL,

. RECEIPT

(Domestic Mail Only

; No Insurance Coverage Provided)

Postage

Certified

Fee

Return Reciept Fee

(Endorsement Required)

Sent To

Streef

David

Ap[ No ;

- .Haygerman.-1-.CSX"-

Railroad•

orP09oxNo

--1-P-+--4

.

3900 Roselake Road

St .Louis, IL

62201

PS Form 3811, February 2004

Domestic Return Receipt

102595-02-M-1540

SENDER : COMPLETE THIS SECTION

∎ Complete items 1, 2, and 3 . Also complete

item 4 If Restricted Delivery is desired .

∎ Print your name and address on the reverse

COMPLETE THIS SECTION ON DELIVERY

A. Signature

I

G

X

D Agent

4'

a Addressee

so that we can return the card to you .

∎ Attach this card to the back of the mailpiece,

D

of Delive

or on the front if space permits .

D. Is delivery address different from item 1?

0 Yes

1 Article Addressed to:

If YES, enter delivery address below

:

0 No

David Haggerrnan

CSX Railroad

3900 Roselake Road

East St

. Louis, IL 62201

3 Service Type

O

Certified Mail 0 Express Mail

0 Registered

0

Return Receipt for Merchandise

0 Insured Mail

0

C.O.D

4 Restricted Delivery? (Extra Fee)

0 Yes

2 Article

(Transfer

7002 3150 0000 1109 0320

---

Ph

rn

0

1 Article Addressed to:

Joseph Tupa

Manager

Hazardous Material Field

Services

CSXT

1700 West 167th Street

Calumet City, IL 60409

U.S. Postal Service,.,

CERTIFIED MAIL,, RECEIPT

(Domestic Mail Only; No Insurance Coverage Provided)

For delivery information visit our website at www us comet

1

Postage

Certified Fee

(Endorsement

Return Reclept

Required)Fee

(Endorsement

Restricted Delivery

Required)Fee

Total Postage & Fees

Sent To

Joseph __T__u pa_,__Ma n ag_e.r.>

..1lazardoua.-Mater..i

.

ervoee

.

CM

....

.

.

.

State,

.

....

Nc

.

ZIP

..

.CSXT

.

.4

...

........

.

-

...

..

1700

....

. ....

..

West

....

......

.

167th

..

........

...

Street

.

..

.

.....

........

...

Calumet City . IL 60409

SENDER : COMPLETE THIS SECTION

•

Complete items 1, 2, and 3

. Also complete

item 4 H Restricted Delivery is desired

.

•

Print your name and address on the reverse

so that we can return the card to you

.

•

Attach this card to the back of the mailpiece,

or on the front if space permits

.

z .

(TransferArticle

I ,

7002 3150

0000 1109 0313

PS

Form 3811, February 2004

Domestic Return Receipt

COMPLETE THIS SECTION ON DELIVERY

'I.

r ,ice

D. Is delivery address

i

ern 1?

If YES, enter

~eec

Tiglo

0 No

1-

,l1j,y 3 0

2005

3 Service Type

o

Certified Mail 6

40

ress MJ.

0 Registered

Retur,-R'ecelp

andise

O Insured Mail

0

C .O.D

.

4 . Restricted Delivery? (Eruct Fee)

0 Yes

102595-02-M-1540

,