EPA v. BAILEY PITS

Case summary

FRED L. BAILEY OWNS AND OPERATES A COMPANY CALLED B&B SALT WATER DISPOSAL. RESPONDENT FRED L. BAILEY AND B&B SALT WATER DISPOSAL OWN AND OPERATE OIL WELL FACILITIES ( FACILI- TIES ) IN CLAY AND JASPER COUNTIES, IN ILLINOIS. RESPONDENT FRED L. BAILEY OWNS THE OIL OPERATION AT BOTH FACILITIES. RESPONDENT FRED L. BAILEY HOLDS THE LEASE AT THE CLAY COUNTY SITE AND AT THE JASPER COUNTY SITE. THE RESPONDENT OPERATES BOTH FACILITIES FOR THE PRODUCTION OF CRUDE OIL, USING BRINE INJECTION WELLS. CRUDE OIL IS STORED AT BOTH FACILITIES IN PITS. AT THE BAILEY #1 FACILITY, THE CLAY COUNTY SITE, CRUDE OIL IS ALSO STORED IN BUCKETS, DRUMS AND TANKS. THE FACILITIES ARE KNOWN AS F. BAILEY PIT #1, AND RILEY #2 PIT. F. BAILEY PIT #1 IS LOCATED AT 215N O465E, SWC NW NW SEC 2, 3N, 6E, CLAY COUNTY, ILLINOIS. RILEY #2 PIT IS LOCATED AT 990N 330E SWC NE SE, SEC 30, 8N, 10E, CITY OF ROSE HILL, JASPER COUNTY, ILLINOIS. ON JUNE 8, 1999, U.S. EPA DISCOVERED A SPILL OF CRUDE OIL OIL AT F. BAILEY PIT #1 IN CLAY COUNTY WHICH DISCHARGED INTO A NEARBY CREEK AND SUBSEQUENTLY INTO THE LITTLE WABASH RIVER THE SOURCE OF THE SPILL WAS A PAIR OF PITS CONTAINING CRUDE OIL. THE CAUSE OF THE SPILL WAS AN OVERFLOW OCCASIONED BY RAIN. THE FEDERAL ON-SCENE COORDINATOR ( FOSC ) ASSIGNED BY U.S. EPA TO THESE SITES HAS SURMISED THAT ADDITIONAL OVER- FLOW TAKES PLACE WITH EACH SUCCEEDING RAIN EVENT. RELEASES OF CRUDE OIL AND BRINE AT THE CLAY COUNTY SITE HAVE MIGRATED INTO A NEARBY CREEK WHICH DISCHARGES INTO THE LITTLE WABASH RIVER. AT THE CLAY COUNTY SITE, MANY BUCKETS LABELED VANILAPLEX, A FIRE RETARDANT ARE STACKED ADJACENT TO A BATTERY OF TANKS WHICH ARE USED TO CONTAIN CRUDE OIL. VANILAPLEX IS ALSO KNOWN AS VINYLIDENE CHLORIE, AND 1, 1, DICHLOROETHYLENE. VINYLIDENE CHLORIDE POSES A RISK OF EXPLOSION WHEN EXPOSED TO FIRE. IT IS A VOLATILE LIQUID, AND VAPORS FROM OPEN CONTAINERS MAY TRAVEL A CONSIDERABLE DISTANCE TO AN IGNITION SOURCE AND FLASH BACK. A POISONOUS GAS IS PRODUCED IN FIRE. AT THE CLAY COUNTY SITE, A LARGE SHED ADJACENT TO THE TANK BATTERY CONTAINS HAY, STRAW AND DRY WOOD. THE SITE IS COVER ED WITH DRY BRUSH AND OLD WOOD. THE CONDITIONS NOTED ABOVE PRESENT A SUBSTANTIAL RISK OF FIRE AND EXPLOSION. THE RILEY #2 PIT FACILITY, IN JASPER COUNTY, CONSISTS OF ONE INJECTION WELL AND ONE PIT. THE PIT IS OVERFLOWING WITH CRUDE OIL. CRUDE OIL RELEASED FROM THE PIT FLOWS DOWNHILL THROUGH DITCHES TO A CREEK A QUARTER MILE AWAY. A DEAD BIRD WAS FOUND ON THE BERM OF THE PIT DURING THE JUNE SITE INVEST IGATION. AFTER THE JUNE SITE INVESTIGATION, U.S. EPA'S FOSC SENT A FEDERAL NOTICE OF INTENT LETTER TO FRED L. BAILEY, DATED JULY 20, 1999. SUBSEQUENTLY, THE FOSC HAD TELEPHONE CONVER SATIONS WITH MR. BAILEY'S BROTHER, MATT. THE BAILEYS OFFER ED ASSURANCES THAT THEY WOULD UNDERTAKE THE NECESSARY RESPONSE ACTIONS, BUT THEY HAVE NOT DONE SO. THE FOSC SENT ANOTHER LETTER ON NOVEMBER 2, 1999, GIVING RESPONDENT BAILEY THREE WEEKS IN WHICH TO COMMENCE RESPONSE ACTIONS AT THE SITES. RESPONDENT RECEIVED THAT LETTER, BUT MADE NO RESPONSE.

Defendants (1)

• BAILEY PITSNamed in settlement

Facilities (1)

• BAILEY #1 PIT (FPN#99241)

  R.R. 4 BOX 446, BARNHILL, IL, 62807

  Registry ID: 110010700232

Statutes cited

• CERCLA 106 — Imminent & Substantial Endangerment Order
• EPCRA 311 — Material Safety Data Sheets (MSDS)

Enforcement conclusions (1)

• BAILEY PITSentered 1999-12-17

  Primary law: EPCRA

Timeline (2 milestones)

• 1999-12-17Final Order Issued
• 2000-01-05Enforcement Action Data Entered