Lisa
Madigan
ATTORNEY
GENERAL
OFFICE
OF THE
ATTORNEY
GENERAL
STATE
OF
ILLINOIS
STATE
OF
ILLINOIS
Poliut
Control
Board
John
T.
Therriault,
Assistant
Clerk
Illinois
Pollution
Control
Board
James
R. Thompson
Center,
Ste.
11-500
100
West
Randolph
Chicago,
Illinois
60601
October
9,
2008
c1
Re:
People
v.
James
R.
Cantrell
Dear
Clerk:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
a Notice
of
Filing,
Entry
of
Appearance
and
Complaint
in regard
to the
above-captioned
matter.
Please
file the
originals
and
return
file-stamped
copies
to
me
in
the enclosed,
self-addressed
envelope.
Thank
you
for
your
cooperation
and
consideration.
SJ/pk
Enclosures
Stepi
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
(217)
782-9031
500 South
Second
Street,
Springfield,
Illinois
62706
• (217)
782-1090
• TTY:
(877)
844-5461
• Fax:
(217)
782-7046
100
West
Randolph
Street,
Chicago,
Illinois
60601
• (312)
814-3000
•
ITY:
(800)
964-3013
• Fax:
(312)
814-3806
Very
truly
yours,
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
PEOPLE OF
THE STATE
OF
)
ILLINOIS,
Complainant,
)
vs.
)
PCB No.
)
(Enforcement
- Water)
JAMES R. CANTRELL,
)
Respondent.
)
NOTICE OF FILING
OCT
‘
2008
To:
James R.
Cantrell
1833
County Road 1980 E
S
Contro’
Board
Crossville, IL 62827
po
U
PLEASE TAKE NOTICE that on this
date I
mailed
for filing with
the Clerk of the
Pollution
Control
Board
of the State of Illinois, a
COMPLAINT, a copy of which
is attached hereto
and
herewith served
upon
you.
Failure
to
file an
answer to this Complaint within
60 days may have
severe consequences.
Failure
to
answer
will mean that all allegations in this
Complaint will
be
taken as if admitted
for
purposes
of this
proceeding. If
you
have any
questions about this
procedure, you
should contact the hearing
officer assigned to this proceeding,
the Clerk’s Office
or an attorney.
1
FURTHER,
please
take
notice
that
financing
may
be
available,
through
the
Illinois
Environmental
Facilities
Financing
Act,
20
ILCS
3515/1
(2006),
to
correct
the
pollution
alleged
in
the
Complaint
filed
in
this
case.
Respectfully
submitted,
PEOPLE
OF
THE
STATE
OF
ILLINOIS
LISA
MADIGAN,
Attorney
General
of
the
State
of
Illinois
MATTHEW
J.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Divisio,n
BY:__________
Ste
r34ai(1e
Assistant
Attorney
General
Environmental
Bureau
500
South Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
October
9,
2008
2
CERTIFICATE
OF
SERVICE
I hereby
certify
that I
did on
October
9, 2008,
send
by
certified
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,
ENTRY
OF APPEARANCE
and
COMPLAINT:
To:
James
R.
Cantrell
1833
County
Road
1980
E
Crossville,
IL
62827
and the
original
and
ten
copies
by
First
Class
Mail
with
postage
thereon
fully
prepaid
of the
same
foregoing instrument(s):
To:
John
T.
Therriault,
Assistant
Clerk
Illinois
Pollution
Control
Board
James
R.
Thompson
Center
Suite
11-500
100
West
Randolph
Chicago,
Illinois
60601
Assistant
tto
ney
General
This
filing
is
submitted
on recycled
paper.
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
)
CLERK’S
CEVE
OFFICE
ILLINOIS,
)
OCI
102008
Complainant,
)
STATE
OF
ILUNOIS
vs.
)
PCBNo.
4
U(J
Control
Board
ij
)
(Enforcement
- Water)
JAMES
R.
CANTRELL,
)
Respondent.
ENTRY
OF APPEARANCE
On
behalf
of
the Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
STEPHEN
JANASIE,
Assistant
Attorney
General
of
the
State
of Illinois,
hereby
enters
his
appearance
as
attorney of record.
Respectfully
submitted,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
LISA
MADIGAN
Attorney
General
of the
State
of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litig,tn
Jyn
BY:
Sta/
Environmental
Bureau
Assistant
Attorney General
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
October
9,
2008
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
)
Complainant,
)
v.
)
PCB
No.
09-
‘
)
(Water-Enforcement)
JAMES
R.
CANTRELL,
)
)
Respondent.
)
ECEVED
CLERK’S
OFFICE
COMPLAINT
OCT
10
2008
Complainant,
PEOPLE
OF
THE
STATE
OF ILLINOIS,
by
LISA
PoliUtiOP
COflttOl
Board
General
of
the State
of
Illinois,
complains
of Respondent,
JAMES
R.
CANTRELL,
as
follows:
COUNT
I
WATER
POLLUTION
HAZARD
1.
This
Complaint
is brought
by
the
Attorney
General
on
her
own motion
and
at the
request
of
the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”),
pursuant
to
the
terms
and
provisions
of
Section
31
of
the
Illinois
Environmental
Protection
Act
(“Act”),
415
ILCS
5/31
(2006).
2.
The
Illinois
EPA
is
an
agency
of the
State
of
Illinois
created
by
Illinois
General
Assembly
in
Section
4 of
the
Act,
415
ILCS
5/4
(2006),
and
charged,
inter
alia, with
the
duty
of
enforcing
the Act.
3.
At
all times
relevant
to this
Complaint,
the
Defendant
was
authorized
to
operate
oil
production
and
Class
II
UIC
(injection)
wells
in
accordance
with
permits
issued
by the
Illinois
Department
of
Natural
Resources
(“IDNR”)
pursuant
to
Subsection
6(2)
of the
Illinois
Oil
and
Gas
Act,
225
ILCS
725/6(2)
(2006).
4.
The
Defendant
owned
and
operated
a
tank
battery
on
the
Herman
Hon
lease
near
Crossville
in
White
County,
Illinois.
The
tank
battery
was
used
to
store
and
separate
crude
oil
and
produced
fluids
from
production
wells
on
or
near
the
lease.
The
tank
battery
was
surrounded
by
a
dike
which
served
as
secondary
containment
to
the
tanks.
5.
Section
12
of
the
Act,
415
ILCS
5/12
(2006),
provides
in
pertinent
part
that:
No
person
shall:
a.
Cause
or
threaten
or
allow
the
discharge
of
any
contaminants
into
the
environment
in
any
State
so
as
to
cause
or
tend
to
cause
water
pollution
in
Illinois,
either
alone
or
in
combination
with
matter
from
other
sources,
or
so
as
to
violate
regulations
or
standards
adopted
by
the
Pollution
Control
Board
under
this
Act;
***
d.
Deposit
any
contaminants
upon
the
land
in
such
place
and
manner
as
to
create
a
water
pollution
hazard;
***
6.
Section
3.165
of
the
Act,
415
ILCS
5/3.165
(2006)
provides:
“Contaminant”
is
any
solid,
liquid,
or
gaseous
matter,
any
odor,
or
any
form
of
energy,
from
whatever
source.
7.
Section
3.395
of
the
Act,
415
ILCS
5/3.395
(2006)
provides
in
pertinent
part:
“Release”
means
any
spilling,
leaking,
pumping,
pouring,
emitting,
emptying,
discharging,
injecting,
escaping,
leaching,
dumping,
or
disposing
into
the
environment....
8.
Section
3.545
of
the
Act,
415
ILCS
5/3.545
(2006)
provides:
“Water
pollution”
is
such
alteration
of
the
physical,
thermal,
chemical,
biological
or
radioactive
properties
of
any
waters
of
the
State,
or
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
or
detrimental
or
injurious
to
public
health,
safety
or
welfare,
or
to
domestic,
commercial,
industrial,
agricultural,
recreational,
or
other
legitimate
uses,
or
to
livestock,
wild
animals,
birds,
fish,
or
other
aquatic
life.
2
9.
Section
3.550
of the
Act,
415
ILCS
3.550
(2006)
provides:
“Waters”
means
all
accumulations
of
water,
surface
and
underground,
natural,
and
artificial,
public
and
private,
or
parts thereof,
which
are
wholly
or partially
within,
flow
through,
or border
upon
this
State.
10.
On
or
about
November
14, 2005,
a
siphon
line
at the
Respondent’s
tank
battery
failed
during
a
rainstorm,
releasing
the contents
of
the separator
which
were
estimated
at 20
barrels
of
crude
oil
and 20
barrels
of salt
water.
The
containment
dike
subsequently
failed,
releasing
the
produced
fluids
and
the
impounded
rain
water
into
a ditch
which
ultimately
discharged
into
an
unnamed
creek.
11.
The
creek
is
a
“waters”
of the
State
as
that term
is
defined
in the
Act, 415
ILCS
5/3.5
50 (2006).
12.
The
crude
oil
and salt
water
are produced
fluids
generated
by
Respondent’s
oil
production
activities.
The
former
is unrefined
liquid
petroleum
and
the
latter contains
a
large
concentration
of chlorides
and
varying
amounts
of
petroleum
constituents,
which
are
“contaminants”
as
that
term
is defined
in the
Act,
415
ILCS 5/3.165
(2006).
13.
The
crude
oil
and salt
water
were deposited
upon
the
land
in
such place
and
manner
as
to
create
a water
pollution
hazard
in
that
it eventually
flowed
approximately
300
yards
across
the
ground
before
entering
the unnamed
creek.
Approximately
one
mile
of this
creek was
affected.
14.
The
release
was
discovered
and reported
to
IDNR
at approximately
8:00
AM
on
November
14,
2005.
The IDNR
visited
the site
of the
release
and its
aftermath
on
November
22,
2005.
At the
behest
of IDNR,
the
Respondent
reported
the
release
to
the
Illinois
Emergency
3
Management
Agency
(“JEMA”)
on November
23,
2005.
IDNR
notified
the Illinois
EPA
of
the
release
and
provided
the
information
garnered
during
the
November
22,
2005,
site
visit.
15.
The
Illinois
EPA
investigated
the
release
and
its
consequent
pollutional
discharges
on
December
1,
2005.
The
banks
of the
unnamed
creek
were
stained
for approximately
one
mile
from
the
point
of
discharge
from
the
ditch
to the
confluence
of the
creek
with
Elliott
Creek.
The
Illinois
EPA
reported
that
booms
and a
tank
truck
were
used
to recover
the
crude
oil
in
response
to the
release,
but
no
siphon
dam
was
constructed
in
the creek;
as
to
the latter,
the
Illinois
EPA
noted
that,
with
the
amount
of
rainfall
(estimated
at 5
to 7
inches),
it was
unlikely
that
a siphon
dam
would
have
held
during
the
storm.
16.
Although
the
release
was
partly
caused
by
the
storm,
the
Respondent
owned
the
source
of pollution
(i.e.
the
tank
battery)
and
had
the capability
of
controlling
or
preventing
the
pollutional
discharges.
The
siphon
line
should
have been
better
secured
against
wind
and
the
containment
dike
should
have
been
better
maintained
against
overfihling
and
failure.
Severe
storms
with
large
amounts
of
rainfall
are
events
that
are
foreseeable
and
reasonable
precautions
are
necessary
to
prevent
pollutional
discharges.
17.
By
depositing
contaminants
upon
the
land
in
such
place
and
manner
as
to create
a
water
pollution
hazard,
the
Respondent
has
violated
Section
12(d)
of
the
Act,
415 ILCS
5/12(d)
(2006).
PRAYER
FOR
RELIEF
WHEREFORE,
Complainant,
the
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully
request
that
the
Board
enter
an
order
against
the
Respondent,
JAMES
R.
CANTRELL:
4
A.
Authorizing
a
hearing
in
this
matter
at
which
time
the
Respondent
will
be
required
to
answer
the
allegations
herein;
B.
Finding
that
Respondent
has
violated
the
Act
and
regulations
as
alleged
herein;
C.
Ordering
Respondent
to cease
and
desist
from
any
further
violations
of
the
Act
and
associated
regulations;
D.
Assessing
against
Respondent
a
civil
penalty
of
fifty
thousand
dollars
($50,000)
for
each
violation
of the
Act,
and
an
additional
penalty
often
thousand
dollars
($10,000)
for
each
day
during
which each
violation
has
continued
thereafter;
and
E.
Granting
such
other
relief
as
the
Board
may
deem
appropriate.
COUNT
II
WATER
POLLUTION
1-16.
Complainant
realleges
and
incorporates
herein
by
reference
paragraphs
1 through
16
of Count
I
as
paragraphs
1
through
16
of
this
Count
II.
17.
The
discharge
of
crude
oil and
salt
water
from
the
Respondent’s
tank battery
altered
the
creek’s
physical
and
chemical
properties
so
as
to
likely
create
a
nuisance
or
render
such
waters
harmful
or
detrimental
or
injurious
to
public
health,
safety
or
welfare,
or
to
domestic,
commercial,
industrial,
agricultural,
recreational,
or
other
legitimate
uses,
or
to
livestock,
wild
animals,
birds,
fish,
or
other
aquatic
life.
18.
By
causing
or
allowing
the
discharge
of
crude
oil
and
salt
water
into
the
“waters”
of
the
State, the
Respondent
has
caused
water
pollution
in
the
State
of
Illinois,
and
thereby
violated
Section 12(a)
of the
Act,
415
ILCS
5/12(a) (2006).
5
PRAYER
FOR
RELIEF
WHEREFORE,
Complainant,
the PEOPLE
OF
THE
STATE
OF
ILLINOIS,
respectfully
request
that
the
Board
enter
an
order
against
the Respondent,
JAMES
R.
CANTRELL:
A.
Authorizing
a
hearing
in
this
matter
at
which
time
the
Respondent
will
be
required
to
answer
the
allegations
herein;
B.
Finding
that
Respondent
has
violated
the
Act
and
regulations
as
alleged
herein;
C.
Ordering
Respondent
to
cease
and desist
from
any
further
violations
of
the Act
and
associated
regulations;
D.
Assessing
against
Respondent
a civil
penalty
of
fifty
thousand
dollars
($50,000)
for
each
violation
of the
Act,
and
an
additional
penalty
often
thousand
dollars
($10,000)
for
each
day
during
which
each
violation
has
continued
thereafter;
and
B.
Granting
such
other
relief
as the
Board
may
deem
appropriate.
6
Of
Counsel:
STEPHEN JANASIE
Assistant
Attorney General
500
South
Second
Street
Springfield, Illinois
62706
217/782-9031
Dated: October
9, 2008
7
Respectfully
submitted,
PEOPLE
OF
THE
STATE
OF
ILLiNOIS,
LISA
MADIGAN,
Attorney
General
of
the
State
of
Illinois,
MATTHEW
J.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:_______________
THOMAS
DAVIS,
Chief
Assistant
Attorney
General
Environmental
Bureau
