06
2Uüg
OFFICE
OF
THE
ATTORNEY
GENERAL
piTui1
t’s
STATE
OF
ILLINOIS
Lisa
Madigan
VI’lOR\EY
GENERAL
April 2,
2009
JohnT.
Therriault,
Assistant
Clerk
Illinois Pollution
Control
Board
James
R.
Thompson
Center,
Ste.
11-500
100 West
Randolph
Chicago,
Illinois
60601
Re:
People
v.
Crop
Production
Services
PCB NO.
09-60
Dear
Clerk:
Enclosed
for filing
please
find
the
original
and
ten
copies
of a Notice
of Filing,
Motion
for
Leave
to
Amend
Complaint
and
First Amended
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.
Very
truly yours,
%
uCJ
E. McBride
Sr.
Assistant
Attorney General
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois 62706
(217)
782-9031
JEM/pjk
Enclosures
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
o
TTY:
(800) 964-3013
°
Fax:
(312) 814-3806
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF THE STATE
OF ILLINOIS,
)
Complarnant,
vs.
)
PCB No. 09-60
)
(Enforcement)
CROP
PRODUCTION
SERVICES,
)
a
Delaware
corporafion,
)
Respondent.
)
NOTICE
OF
FILING
To:
Edward
W. Dwyer
Hodge
Dwyer
3150
Roland
Avenue
P.O.
Box 5776
Springfield,
IL 62705
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
MOTION FOR LEAVE
TO AMEND COMPLAINT
and FIRST
AMENDED
COMPLAINT,
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
MATTHEWJ. DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:
‘2
L7’
:
4ANE E. McBRIDE
Sr. Assistant Attorney
General
Environmental
Bureau
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
April 2,
2009
CERTIFICATE
OF
SERVICE
I
hereby
certify that I did on April 2, 2009, 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 MOTION FOR LEAVE
TO AMEND
COMPLAINT
and
FIRST
AMENDED COMPLAINT
To:
Edward
W.
Dwyer
Hódge Dwyer
3150 Roland Avenue
P.O. Box 5776
Springfield, IL 62705
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
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
JAt1E
E.
McBRIDE
Sr.
Assistant Attorney
General
This filing is submitted
on
recycled
paper.
BEFORE THE ILLiNOIS
POLLUTION
CONTROL BOARD
PEOPLE OF THE
STATE
OF
LLlNOlS,
)
Complainant,
v.
)
PCB NO. 0940
(Enforcement)
CROP PRODUCT1ON
SERVICES,
)
a
Delaware
corporaton,
Respondent.
)
APR
062009
STATE
OF
ILUNOIS
MOTION
FOR LEAVE TO AMEND
COMPLAINWOIIUtIOfl
Control
Board
NOW
COMES
the
Plaintiff,
PEOPLE OF
THE STATE OF
ILLINOIS,
by
Lisa Madigan,
Attorney
General
of the
State
of Illinois,
and moves to amend
the
Complaint
in order
to
include
additional
referred
violations.
Complainant
so moves on
the following
grounds:
1.
Final judgment
in
this matter
has not been
reached.
The Respondent
has
waived
service and
has not yet
answered or otherwise
responded
to the complaint. No
discovery
requests
have
been
submitted.
2.
The
original
complaint
was
filed
in
this matter on
February 17, 2009,
and the
Board accepted
the
complaint
on March 5,
2009.
3.
On
February 24,
2009, the
Illinois Attorney General’s
Office received
an
additional
referral from
the Illinois
EPA concerning
a
fertilizer
release
at
an
agrichemical
retail
facility
owned
and
operated
by
the Respondent.
The existing
complaint
also concerns fertilizer
releases
at agrichemical
retail facilities owned
by the
Respondent.
4.
In the
interest
of
economy,
Complainant
believes that it
would
be
both most
efficient and
effective to address
all three
releases in a single enforcement
action.
5.
Complainant
seeks
to add the allegations
that are
the subject of the third
referral
as
Count III
of
the complaint
in this matter.
The new
allegations concern
a site near
Galesburg,
Illinois
in Knox
County.
WHEREFORE,
for
the
foregoing reasons and
on the foregoing
grounds, Complainant
requests that
this motion
for
leave
to
amend
be
granted. The
First
Amended
Complaint is
being filed
contemporaneously
with
this motion.
Respectfully
submitted,
PEOPLE
OF
THE
STATE
OF ILLINOIS,
ex reL
LISA
MADIGAN,
Attorney General
of the State
of
Illinois
MATTHEW
J.
DUNN,
Chief
Environmental
Enforcement
Division
BY:
,
JANE E. MCBRIDE
Sr. Assistant Attorney
General
500
South
Second
Street
Springfield,
Illinois
62706
(217)
782-9031
S1PJE
OF
ILLINOIS
)
SS
COUNTY
OF
PEORIA
AFFIDAVIT
I,
ERIC
ACKERMAN,
after
being
duly
sworn
and
upon
oath,
state
as
foHows:
1.
I
am
employed
by
the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”)
as
a
field
inspector
and
environmental
protection
engineer.
2.
As
part
of
my
duties
with
the
Illinois
EPA,
I
perform
site
investigations
to
assess
whether
environmental
and/or
public
health
threats
exist.
Upon
formal
request,
I
also
review
pleadings
to
be
filed
by
the
Attorney
General’s
Office
to
ensure
veracity
and
accuracy
with
the
records
of
the
Illinois
EPA
as
well
as
my
own
personal
observations
and
knowledge.
3.
I
have
reviewed
Count
Ill
of
the
Amended
Complaint,
the
amendment
Complainant
seeks
leave
to
add
in
its
Motion
for
Leave
to
Amend
to
which
this
Affidavit
is
attached.
Under
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
paragraphs
4
through
6
8
through
14
of
the
Amended
Complaint
constitute
the
factual
basis
for
the
allegations
are
true
and
correct,
except
as
to
matters
therein
stated
to
be
on
information
and
belief
and
as
to
matters
the
undersigned
certifies
as
aforesaid
that
he
verily
believes
the
same
to
he
true.
Further
affiant
sayeth
not.
o
ERIC
ACKERMAN
SUbscribed
and
sworn
to
before
me
dayof
2009.
th’
OFFICIAL
SEAL
CONSTANCE
J.
COLLINS
NOTARY
PUBLIC,
STATE
O
ILLINOIS
MY
COMMISSION
EXPIRES
5-5.2011
$
BEFORE THE ILUNOIS POLLUTION CONTROL
BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
APR
0
8
2009
V
)
PCB N0 09-60
ILLIN
(Enforcement)
fltroj
aard
CROP PRODUCTION
SERVICES,
)
a
Delaware corporation,
)
Respondent.
FIRST
AMENDED COMPLAINT
Complainant,
PEOPLE
OF THE STATE OF
ILLINOIS,
by
LISA MADIGAN, Attorney
General of the State
of Illinois, complains of Respondent
Crop Production Services, Inc., a
Delaware corporation, as
follows:
COUNT
I
WATER
POLLUTION VIOLATIONS
— FERTILIZER SPILL — SINCLAIR
1.
This Count
is brought on behalf of the People of
the State of Illinois, by
LISA
MADIGAN, the
Attorney General of the State
of Illinois, on
her own motion and at the
request
of
the Illinois
Environmental Protection Agency
(“Illinois EPA”)
pursuant
to
Sections 42(d) and (e)
of the Illinois
Environmental Protection Act (“Act”), 415
ILCS 5/42(d), 42(e)
(2006).
2.
The
Illinois EPA is an agency of the State
of Illinois created by the
Illinois General
Assembly
in
Section 4 of the Act,
415
ILCS
5/4,
and
which is charged, inter al/a,
with the
duty of
enforcing
the
Act.
3.
This complaint is brought pursuant to Section 31 of
the Act, 415 ILCS
5/31,
after
providing the
Respondent with notice and the opportunity for a
meeting with the Illinois
EPA.
4.
The Respondent, Crop Production Services, Inc. (“CPS”),
a
subsidiary of United
Agri
Products, Inc., is a foreign corporation in good standing in
the
State
of Illinois. At all times
relevant
to
this complaint, UAP Distribution, Inc.
owned
and
operated the subject sites. Crop
Production
Services, Western Farm Service, Inc. and UAP
Distribution, Inc., were affiliated
companies
under the common ownership of United Agri Products,
Inc.
The three
affiliated
companies merged
effective January 1 2009 The surviving entity is UAP Distribution, Inc
In
connectionwith
the
merger, UAP Distribution, Inc. changed its name
to
Crop Production
Services Inc
CPS corporate
headquarters is located
at
7251
W
4th Street Greeley CO
80634.
CPS sells feed
by retail and sells farm supplies by both retail and wholesale. CPS’
registered
agent is CT
Corporation Systems, 208 South LaSalle Street, Suite 814, Chicago, IL
60604.
5.
Respondent CPS owns and operates an agricultural chemical and fertilizer retail
facility
northeast of
Jacksonville, Hlinois in Morgan County. The facility is known as CPS Richter
(Sinclair). The
legal
description
of the site is SW
1/4, Section 28, T16N, R9W (Road District
No. 1), Morgan
County (the
“site” or “facility”), The facility is located in the community of
Sinclair, which
consists of an unincorporated area
including four residential structures and
the
CPS
Richter
facility. The facility is located in the
watershed of
Indian Creek. Indian
Creek
is
tributary
to the
Illinois River.
6.
At the
Sinclair site, Respondent CPS handles
dry
fertilizer products,
anhydrous
ammonia, liquid
fertilizer solutions and various pesticides.
These
products
are
delivered
to the
site by
truck. Dry
fertilizer products stored and handled at the site include potash
and
diammonium
phosphate
(‘DAP”). Anydrous ammonia is handled in bulk and stored in two,
12,000
gallon fixed
storage tanks on-site. Approximately 40 ammonia nurse tanks are available
at
the site.
Pesticides are handled in bulk, mini-bulks and packaged products. Liquid
fertilizer
(28%
nitrogen) solution is also stored on-site. Two
above-ground steel
bulk tanks
are available
for
storage
of urea-ammonium nitrate (UAN 28&
nitrogen solution).
One of the
tanks is an
18,000-gallon
tank
and was
out of service at the
time of
the
release.
The other
is
a
30,000-
gallon
capacity, cone bottom tank
that
was involved in the July 21, 2005 release of 28%
2
nitrogen solution.
7.
Section 12(a) and (d) of the Act, 415 ILCS 5/12(a), (d) (2006), provides in
pertinent part, as follows:
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
so as
to create a water
pollution hazard;
8.
Section 255.80 of the
agrichemical containment regulations, 8 III. Admin.
Code
255.80, provides,
in pertinent part, as follows:
Section 255.80
Secondary Containment
a)
All
agrichemical non-mobile storage
containers
for
liquid pesticides
and liquid
fertilizer
shall
be
located within a secondary containment
structure.
b)
Secondary
containment structures and systems shall provide the
following
capacity:
1)
When not
protected from receiving precipitation, the containment shall
have a minimum
containment volume of a 6-inch rain storm
(a
25
year,
24
hour rain),
plus the
capacity
of
the largest
tank,
and the
volume
displaced by the bases
of
the other
tanks
located
within the
secondary
containment
structure.
2)
When protected
from
receiving
precipitation, the containment shall
have
a minimum containment
volume
of 100% of the capacity of the largest
tank, plus the volume
displaced
by
the
bases of the other tanks located
within the secondary containment structure.
c)
Structural materials and integrity shall provide secondary containment that
meets
or
exceeds the requirement of this Section. Materials shall be compatible
with
the
agrichemical to be contained.
1)
General requirements include:
A)
Clay, natural soil clay mixtures or clay/bentonite mixtures
shall not
3
be
used to contain
any bulk
pesticide.
B)
Secondary containment
for liquid
agrichemicals
storage at facility
sites
should provide
for separation between
bulk pesticides
and
bulk fertilizer
to the extent that
a
common
wall
or curbing
between
the
fertilizer
area and the
pesticide area shall provide
for the
interception
and
recovery
including
clean
up
of pesticide
spills
while the
entire
secondary
containment area
shall meet
or exceed
the total
capacity
requirement
specified in this
Section.
C)
The secondary
containment
structure shall
be constructed
to
a
water
permeability
rate of not
greater than 1 x
106
centimeters
per
second
and
maintained
so that
liquid movement through
the
walls
and base
does not
exceed
a rate of
1
x
1
0
centimeters
per
second
permeability rate.
The secondary
containment structure
shall
be
designed
and
maintained
to withstand a full
hydrostatic
head of
any contained
liquid.
The
containment area shall
not be
equipped with
a
permanent
pump
unless
the
pump
has only
a
manual mode of
operation.
D)
The
secondary
containment
structure
shall not
have
a
discharge
outlet or
gravity
drain
through the wall or
floor.
E)
Synthetic
materials or liners may
be used
with
secondary
containment
structures provided they
are compatible
with
agrichemicals
being
contained and it is
installed according
to
manufacturer’s
written
direction and
repaired and maintained
according
to
manufacturer’s
recommendations.
These directions
and
recommendations
shall
become
records
maintained
at the
facility site.
9.
On
July 21,
2005,
a
release
at
the
site
of
approximately
11,000
gallons
of urea
ammonium nitrate
(UAN 28% nitrogen
solution) 28%
nitrogen fertilizer
was
discovered
by
Respondent’s
employees
and reported.
10.
The source of
the release was a
reducer fitting on
the
30,000-gallon,
cone
shaped
upright steel
tank used for liquid
fertilizer.
The cause of
failure was the corrosive
nature
of the
28% nitrogen solution
acting
on the
cast iron
fitting
resulting
in
creation
of an
approximately
1 inch
hole
in
the
fitting. There
was no shut off
capability or valve
ahead of the
failure. The
tank was 12 to 13 years
old, and the
fitting had
not
been
replaced.
11.
The secondary
concrete
containment structure
surrounding
the
30,000
gallon
4
tank
also
failed,
and released
the liquid fertilizer
into the environment.
Three
of
the
walls
of the
secondary
containment
had been
poured
after the floor was
installed. Liquid
fertilizer leaked
out
of the
wall/floor
joint
at all
three of the walls that
were poured on top
of the
concrete
floor.
12.
On July 21,
2005, the Illinois EPA
conducted an inspection
of the
release
site.
13.
At the
time of the July 21, 2005
inspection,
Illinois
EPA
personnel
observed
and
photographed
fertilizer
pooling
and
puddles,
as
well
as stained ground, outside
of the concrete
containment.
The surface
liquid and staining indicated
that
the
released material
flowed
east
across the
facility property
and entered a
dry creek bed,
an unnamed tributary
of Indian
Creek,
where
it traveled
north
another
100 to 200 yards. The
inspectors
observed and photographed
the
surface
drainage of
fertilizer
east
across
the facility property
to the dry creek
bed and
observed small
pools of fertilizer in
the dry creek bed.
14.
On
November 21,
2005, an
inspector from the Illinois
EPA, Division
of
Water
Pollution
Control/Field
Operations Section,
Peoria
Regional
Office conducted
a follow-up
inspection
of
the site. Samples
from three up gradient
supply wells
in
the
vicinity
of the spill
showed
total
Kjedlahl
nitrogen levels of
30.9 mg/I
at
the
on site well,
30.5 mg/I at well located
at
1939 Sinclair
Road well, and 31.8
mg/I at a
well located at 1933
Sinclair
Road
well. The
ammonia
concentration
of a water sample
collected
from
a
puddle in the
dry
bed
of the
unnamed
tributary of Indian
Creek, down gradient
of the
spill,
was 56.4 mg/I. Two
soil
samples
were
collected from
the dry creek
bed. Analytical results
from the sample
collected in the
drainage
path of
the spill
at
the property boundary
were as follows:
ammonia
1040 mg/I,
nitrate/nitrite
138
mg/I, and
Total
Kjeldahl nitrogen
33,000
mg/I. Analytical
results of the second
sample
off site
were as
follows:
ammonia 740 mg/I,
nitrate/nitrite
209
mg/I, and Total
Kjeldahl
nitrogen 25,800
mg/I.
15.
Respondent
CPS has caused,
allowed or threatened
the
discharge
of
5
contaminants to waters of the State so as to cause
or
tend to cause water pollution in Illinois
or
to violate the
Board’s regulations or standards through the release of liquid fertilizer
from its
Sinclair facility to an unnamed tributary of Indian Creek, which flows into the Illinois River.
16.
The Respondent CPS has caused
or allowed
contaminants to be deposited
upon
the land
in such place and manner as to create a water pollution hazard through its
proximity
to
an unnamed
tributary
of
Indian Creek.
17.
The
discharge
of
contaminants from the Respondent’s
facility has caused,
threatened
or allowed water pollution in that such discharges have likely rendered the
waters
of
the
State harmful or
detrimental or injurious
to
public health,
safety or welfare, or to agricultural,
recreational, or other legitimate uses, or to
livestock, wild animals,
birds, fish or other
aquatic
life
and have likely
created
a
nuisance.
18.
By
causing, allowing or threatening the discharge of contaminants to waters
of
the State
so as to cause
or tend
to
cause water pollution in Illinois or
to
violate
the
Board’s
regulations
or standards, the Respondent has
violated
Section 12(a) of the Act, 415 ILCS
5/12(a).
19.
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).
PRAYER FOR RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that the
Board grant the following relief:
A.
Find that Respondent Crop Production Services, Inc. has violated Section 12
(a)
and
(d) of the Act,
415
ILCS 5/12(a) and (d);
B.
Order the Respondent from
to
cease
and desist
further
violations of the Act
and
6
associated
regulations
pursuant
to
section 42(e)
of the Act,
415 ILCS
5/42(e);
C.
Assess
against
the
Respondent
a
civil
penalty
of fifty thousand
dollars
($50,000)
for
each
violation
of the Act,
and an additional
penalty
of
ten
thousand
dollars ($10,000)
for
each
day
during which
each
violation
has continued
thereafter:
and
D.
Grant
such other
and
further
relief as
the
Board
deems appropriate.
COUNT
II
WATER
POLLUTION
VIOLATIONS
— FERTILIZER
SPILL
— WHITE
HALL
1.
This
Count is
brought
on
behalf of
the People
of the State
of Illinois,
by LISA
MADIGAN,
the
Attorney
General of
the State
of Illinois,
on
her
own motion
and
at the
request
of
the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”) pursuant
to
Sections
42(d)
and (e)
of the
Illinois
Environmental
Protection
Act (“Act”),
415
ILCS
5/42(d), 42(e)
(2006)
2-4.
Complainant
realleges
and incorporates
by reference
herein paragraphs
2
through
4 of
Count
I as paragraphs
2
through
4 of this
Count II.
5.
Respondent
CPS
owns and
operates
an
agricultural
chemical
and
fertilizer
retail
facility
in the
southeast
portion
of
White Hall
in Greene
County. The
facility
is known
as CPS
Richter (White
Hall).
The legal
description
of
the
site
is NE
1/4, Section
2, T11N,
R12W (White
Hall
Township),
Greene County
(the
“site” or
“facility”).
The
facility
is
located
in
White Hall,
bordered
on
the
west
by an
active
railroad.
The facility
is bordered
on the
north
by
East
Carlinville
Street,
on the
sough
by
Tunison Street
and
on
the east
by
White
Street. It is
located
in
a
residential
area.
6.
The
majority,
of surface
drainage from
the
White
Hall
facility
flows
to
the
south.
A
stormwater
inlet
structure
is located
at the
south
end
of
the
facility
in the
north street
ditch of
Tunison
Street.
Subsurface
drainage
from
the
stormwater
inlet flows
southeast
to a 30-inch
corrugated
metal
outlet
pipe located
on
the east side
of Fulton
Street.
7
7.
At the White
Hall site,
Respondent
CPS handles
dry fertilizer
products,
anhydrous
ammonia,
liquid
fertilizer
solutions
and various
pesticides.
These
products
are
delivered
to
the
site by truck.
Dry fertilizer
products
stored and
handled
at
the
site
include
potash
and
diammonium
phosphate
(‘DAP”).
Anydrous
ammonia
is handled
in bulk only
and
stored in
a
30,000
gallon fixed
storage
tank on-site.
Pesticides
are
handled
in
bulk,
mini-bulks
and
packaged
products.
Liquid fertilizer
(28%
nitrogen) solutions
are
stored in
various, above
ground,
metal
bulk
tanks on-site.
The
products
include
28% and
32%
nitrogen
solution
and 10-
34-0.
Urea-ammonium
nitrate
is brought
to
the site
by truck.
It is
delivered
as 32%
nitrogen
solution
and is
then
cut to
28%
while on-site.
8-9.
Complainant
realleges
and
incorporates
by reference
herein
paragraphs
7
and
8
of
Count
las
paragraphs
8
and
9
of this Count
II.
10.
On
February
18,
2005, a
CPS employee
observed
a leak
of 32%
nitrogen
fertilizer
solution
from a 500,000-gallon
tank at
CPS’
facility
in
White
Hall,
Illinois. The
release
came
from the
bottom
of the
tank. The
tank
contained
32% nitrogen
solution
that was
in
the
process
of being
cut to
28% solution.
The tank
failure
was on the
bottom,
or
base,
of the tank.
Due to the
location
of the
failure,
the release
from
the tank
could
not be stopped.
11.
The
subject
500,000-gallon
tank
was
located inside
a
secondary
containment
structure.
12.
The
secondary
containment
structure
failed
to
contain the
leak.
The
material
leaked
from the
secondary
containment
in two
locations.
The
majority
of the
release occurred
at the
southeast
corner of
the
secondary
containment
structure,
from
beneath the
concrete
floor
of the
secondary
containment
structure.
Material
also
leaked
from
a
joint
between the
concrete
sidewall
and the
concrete
floor of
the
secondary
containment
structure
at a location
immediately
east
of the
subject
tank.
8
13.
The
release occurred through
an
approximately
1
-inch
hole
in the
floor of the
500,000
gallon
tank. This hole was
in
proximity
to a
seam
or joint in the concrete
floor of the
secondary
containment
structure. The steel
tank
sat directly on
the surface
of
the concrete
floor.
14.
The
secondary
containment structure
had been constructed
in two phases.
The
west half
was
built in
1996 and the east
half was
poured
in 1997.
It was
the
seam
or joint
between
the two
phases of
construction
that was the
source of the majority
of material that was
released
from
the
structure.
15.
In
response
to the
release,
Respondent
CPS excavated soil impacted
by
the
release.
Respondent
CPS installed
four small,
subsurface collection
drains and
sumps. The
sumps
consisted
of limited
drain lines
positioned directly beneath
the
northea:t
corner
of the
subject
secondary
containment structure.
16.
On
October 6,
2005, the
Illinois
EPA conducted a
follow-up cc pliance
inspection.
At the
time
of
the inspection,
the Illinois
EPA collected samples
frm the collection
sumps.
Liquid
sample
collected
from the small
sump
located
on the north
sicL
of
the subject
secondarycontainment
was clear
with an
ammonia
odor. The analytical
resu s for this sample
were
ammonia
6500
mg/I,
nitrate/nitrite 1980
mg/I, Total
Kjeldahl nitrogen 11,300
mg/I. Liquid
sample
collected
from the small sump
adjacent
to
the
secondary containment
structure
on the
east
side of the
structure,
the northernmost sump
on the east
side,
was
brown
in
color and
contained
a
strong
ammonia odor.
The analytical
results for this sample
were ammonia 4830
mg/I, nitrate/nitrite
1710
mg/I,
Total
Kjeldahl
nitrogen 7540
mg/I. Liquid sample
collected from
the
small sump
adjacent
to
the
secondary
containment
on
the east
side
of
the structure,
was
clear
with an
ammonia
odor. The analytical
results
for
this
sample were
ammonia 1600 mg/I,
nitrate/nitrite
694
mg/I, Total
Kjeldahl nitrogen
2440
mg/I.
9
17.
On
May
12, 2006,
the Illinois
EPA conducted a
compliance inspection
at the site.
Four groundwater
mc’itoring
well
had
been installed
at the site.
18.
At
the
me
of the May
12, 2006 inspection, sample
results
were collected
from
the
shallow sumps kited
adjacent
to
the bulk liquid fertilizer
storage
tank farm and the
groundwater
monitor
j
wells.
I
results
of the
samples taken from the
shallow
sumps
indicated
the
evels
for
the
wells S-2, S-3, S-4,
located
along
the east side of the
liquid
rm, north
to south
respectively: S-2, 21.6
mg/I; S-3, 31.8
mg/I;
S-4, 154
the State
harmful
o
;trimental
or injurious to public
health, safety
or welfare, or to agricultural,
recreational,
or
othe;
gitimate uses, or
to livestock,
wild animals, birds,
fish or other aquatic
life
and have
likely crated
a nuisance.
19.
Analy
following
nitrate/nitril
fertilizer
storage
tan
mg/I.
20.
AnElly
indicated
the
followir
mg/I; and MW-2
Ioc
21.
Re:;p
contaminants
to
\
at
to
violate
the
Bo:d’.
White
Hall
facilit:
to
22.
TheF
the
land in
such pla.
a
surface and
subsi
23.
The
threatened
or
allow
results of samples taken
from the
groundwater
monitoring
wells
itrate/nitrite
levels: MW-I located
furthest
southeast
on the site, 101
just southeast
of
the
tank farm,
246 mg/I.
ent CPS has
caused, allowed
or
threatened
the discharge of
of
the State so as to cause
or tend to
cause
water
pollution in Illinois or
gulations or
standards through
the release of
liquid fertilizer
from its
face and
subsurface
drainage at
the site.
pondent
CPS
has
caused or
allowed contaminants
to be deposited
upon
nd
manner as to create
a
water
pollution hazard
through its proximity
to
Ce drainage
at th site.
harge
of contaminants
from the
Respondent’s
facility has caused,
water pollution in that
such
discharges
have likely rendered
the waters of
10
24.
By
causing, allowing or
threatening
the
discharge
of contaminants to
waters
of
the
State
so
as to cause
or
tend to cause water
pollution in
Illinois
and/or
in violation of the
Board’s
regulations or
standards,
the
Respondent has violated
Section
12(a) of the
Act, 415
ILCS
5/12(a).
25.
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).
PRAYER FOR
RELIEF
WHEREFORE,
the
Complainant,
People of the State
of
Illinois,
respectfully requests
that
this
court
grant the following
relief:
A.
Find
that Respondent,
Crop Production
Services,
Inc., has
violated
Section 12(a)
and (d)
of the
Act,
415 ILCS
5/12(a), (d);
B.
Order
the Respondent
to
cease
and desist from
further
violations
of
the
Act and
associated
regulations
pursuant to
section 42(e) of the Act,
415 ILCS
5/42(e);
C.
Assess
against
the
Respondent
a
civil penalty of
fifty
thousand
dollars ($50,000)
for
each
viOlation of the Act,
and an
additional
penalty
of
ten thousand
dollars ($10,000)
for
each
day
during
which each violation
has
continued
thereafter; and
D.
Grant such
other and
further
relief as the
Board deems
appropriate.
COUNT Ill
GALESBURG SITE
ROAD
SPILL
AND SITE
RELEASE
1.
This
Count
is brought
on
behalf of the
People of the
State of Illinois,
by LISA
MADIGAN,
the
Attorney General
of the State
of Illinois,
on
her
own
motion
and at the request
of
the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”) pursuant
to
Sections
42(d) and (e)
of
the
Illinois
Environmental
Protection Act
(“Act”),
415 ILCS
5/42(d),
42(e) (2006).
11
2-3.
Complainant
realleges and
incorporates by reference
herein paragraphs
2
through
3
of Count
I as paragraphs 2
through
3 of
this Count Ill.
4.
The Respondent,
Crop Production
Services, Inc. (“CPS”),
a
subsidiary
of United
Agri Products, Inc., is
a
foreign corporation
in good standing
in the State of Illinois,
Inc. CPS’
corporate
headquarters is located
at 7251 W 4th Street
Greeley,
CO 80634.
CPS
sells
feed
by
retail and sells
farm supplies
by both retail
and wholesale.
CPS’ registered agent
is CT
Corporalion
Systems,
208 South
LaSalle Street, Suite
814, Chicago, IL 60604.
5.
At
times relevant
to the
complaint,
Respondent CPS
owned and operated
an
agrichemical
retail
facility located about
1 mile southwest
of Galesburg and
approximately 1/4
mile
east of
Highway 41 in
Knox
County
(the “Galesburg
facility”). The
approximately
4
acre
site is
located
in an
agricultural
area.
It is bordered on
the east and
west
by
cropland, on
the
south
by
County
Road
10 and
on the
north
by
an unnamed
tributary
to
Cedar
Creek. Surface
runoff
is to the
northwest,
into
the unnamed
tributary
to
Cedar Creek.
6.
At
times
relevant
to
the complaint,
there was
an office,
storage
building, load
out
pad,
fertilizer
tank
farm
with
secondary
containment and
bulk anhydrous
ammonia storage
at
the
Galesburg
facility.
7.
Complainant
realleges and
incorporates
by
reference
herein paragraphs
7 of Count
I as
paragraph
7
of this Count
III.
8.
On
July 21, 2007, the
Monmouth
Fire Department and
Illinois State
Police
responded
to
a spill of
ammonia nitrate
on Route 34 near
North
ll
Street in Monmouth,
IL.
The
spill was
discovered
at 6:15
p.m. on
July
21, 2007. According
to
Assistant
Fire Chief Pat
Spears
of the
Monmouth
Fire
Department, at least
one car
slid
through the intersection
at 1
Street and
Route 34 due
to
the liquid fertilizer
on the road
surface. A Monmouth
police
officer
followed
the
trail of
liquid
approximately 3/4 mile
west
and north
to
a
tank on a
semi
truck
and
12
trailer.
9.
The
truck
was owned
by
RCM
Transport,
Inc.
(“RCM”)
of Monmouth.
RCM
had
been
contracted
to haul
a fertilizer storage
tank
from Respondent
CPS’
Galesburg
facility
to
CPS’
facility
in Keithsburg,
IL. As
the truck
approached
1
1t
Street in Monmouth,
the
traffic
light
turned red.
The driver
was
unaware
that
there was
liquid
remaining
in
the tank
at the
time
of
transport.
The truck
driver
hit
the
brakes
and
the
liquid
in
the tank came
forward
and
blew
the
lid open
on the top
of the
steel tank.
The
liquid
then spilled
onto
Route
34.
10.
Respondent’s
personnel
at
the Galeburg
facility
told an
Illinois
EPA
field
inspector
that it was
their
belief
that
the tank was
empty when
it
was loaded
on
the truck
for
transport.
The
valve on
the bottom
of the
tank had
been
opened
to allow
the
contents
to drain
into
the
secondary
containment
prior
to
the tank
being loaded
on the
truck.
Nothing
came
out
of the valve
when
Respondent’s
employee
opened the
valve and
he assumed
the tank
was
empty.
Upon
evaluation
after
the
spill,
Respondent’s
personnel
concluded
the
valve must
have
been
plugged, not
allowing
the
contents
to
drain out.
11.
The
contents
of
the
tank
was 28 percent
nitrogen solution.
On
July 23,
2007,
Respondent’s
personnel
pumped out
the
liquid
remaining
in the
tank that
was the source
of the
road
spill. The
company
pumped
out
approximately
750 to 800
gallons.
Responders
estimated
that
approximately
200
gallons spilled
on the
road in Monmouth.
12.
On
July 23,
2007,
an
Illinois
EPA
inspector who
was
investigating
the road
spill
visited
the Galesburg
facility
to inspect
the
site where
the
tank had
originated.
At the
time of
the
inspection,
it
was
apparent
that three
upright
storage
tanks
had
recently
been
removed
from
the tank
farm
area at the
Galesburg
facility.
13.
At
the time fo
the July 23,
2007 inspection,
the
Illinois
EPA
inspector
observed
significant
staining
on
the surface
of the gravel
lot on
the north
side of
the
load
out
area
at the
13
Galesburg facility.
The
yellow
colored stain extended north from
the
load
out pad
into a low
area of liquid ponded on site. It was apparent
that liquid from the
fertilizer
operation
was
disposed onto the gravel surface
of the facility. This liquid accumulated in the area northwest
of
the fertilizer tank farm with subsequent discharge
into the unnamed tributary to
Cedar Creek
on
the north side
of the facility. Due to dry conditions
at
the time of the inspection, there was no
runoff occurring from this ponded area at the time of the field visit. The field inspector collected
a
sample of the accumulation of liquid
on
the surface of
the
site
located
northwest
of
the
fertilizer tank farm. The liquid was amber in color, similar to nitrogen fertilizer solution. The
analytical results indicated
the following: 8510
mg/I
ammonia;
79
mg/I
biological
oxygen
demand; 393 mg/I suspended solids; 5770 mg/I nitrate/nitrite. At the time of the inspection,
a
release of anhydrous ammonia was occurring from the Galesburg facility.
14.
Anhydrous
ammonia was
stored in two large tanks on the northeast portion of
the Galesburg facility. At the time
of
the inspection, numerous
anhydrous
ammonia nurse
tanks
were parked on site.
15.
Respondent CPS has caused, allowed or threatened the discharge
of
contaminants to waters
of
the State so as to cause or tend to cause
water pollution in Illinois
or
to violate the
Board’s regulations or standards
through the
release
of
liquid fertilizer from its
Galesburg facility to
an unnamed tributary
of Cedar Creek.
16.
The Respondent CPS has caused or allowed contaminants to be
deposited
upon
the land in such place and manner as to create a water pollution hazard through its
proximity
to
an unnamed
tributary of Cedar
Creek.
17.
The discharge
of contaminants from the Respondent’s facility has caused,
threatened
or
allowed water pollution in
that such discharges have likely rendered the waters
of
the
State harmful or detrimental
or
injurious
to
public
health, safety or welfare, or to agricultural,
14
recreational, or other
legitimate uses,
or to livestock, wild animals, birds,
fish or other aquatic
life and
have likely created a nuisance.
18.
By causing, allowing or
threatening the discharge of contaminants
to waters of
the State so
as
to
cause or tend to cause water pollution
in Illinois or to violate
the Board’s
regulations
or standards, the Respondent has violated Section
12(a) of the Act, 415 ILCS
5/12(a).
19.
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).
PRAYER
FOR
RELIEF
WHEREFORE, the Complainant, People of the State of Illinois, respectfully requests
that the
Board grant the
following relief:
A.
Find that Respondent Crop
Production Services, Inc.
has
violated
Section 12
(a)
and (d)
of the Act,
415 ILCS 5/12(a) and (d);
B.
Order the
Respondent from
to
cease and desist further violations of
the
Act
and
associated
regulations
pursuant
to section 42(e)
of the Act, 415 ILCS 5/42(e);
C.
Assess against the Respondent a
civil penalty
of
fifty
thousand dollars ($50,000)
for each
violation of the Act, and an additional penalty of ten thousand dollars ($10,000) for
each day
during which
each violation
has continued thereafter; and
15
D.
Grant such
other
and
further relief
as
the Board
deems
appropriate.
Respectfully
Submitted,
PEOPLE
OF THE STATE
OF
ILLINOIS,
LISA
MADIGAN,
Attorney
General
of the State
of Illinois
MATTHEWJ.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:
THOMAS
DAVIS,
Bureau
Chief
Assistant
Attorney
General
Environmental
Bureau
Of Counsel
JANE
E.
MCBRIDE
Assistant
Attorney
General
500 South
Second Street
Springfield,
Illinois
62706
217/782-9031
/
Dated:
i/O
2
16