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US EPA RECORDS CENTER REGION 5 l

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FIVE-YEAR REVIEW REPORT FOR - .. ILADA ENERGY co~ SUPERFUND SITE

EAST CAPE GIRARDEAU

ALEXANDER COUNTY, IL

Prepared by

U.S. Environmental lProtection Agency Region 5

Chicago, IL

~~~J.4 -------~'-~-~!~-----~--· Richard C. Karl, D1vISion Director Date

This Page is Intentionally Blank

II

TABLE OF CONTENTS

Table of Contents ..................................................... ~;........................... v

List of Acronyms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . vi

Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii

Five-Year Review Summary Form . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . ix

I. Introduction ............................................... :........................................ 1

II~ Progress Since The Last Five-Year Review .................. ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Remedy Implementation Activities .............................................................. 3 Institutional ·controls ................................... , ............ · ................·................. 6 System Operation/ Operation and Maintenance Activities.................................. 6

III. Five-Year Review Process ..................................................... ~ . . . . . . . . . . . . . . 6 Administrative Components ... ,. ....... ~· ................................................. :.... 7 Community Notification and Involvement.................................................................. 7

Document Review.:............................................................................ 7 Data Review .......................................................... : . . . . . . . . . . . . . . . . . . . . .. .. . . . . 7 Site Inspection .......................... : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . .. 7 Interviews.......................................................................................... 7

IV. Technical Assessment .......................................................................... 7

Question B: Afe the exposure assumptions, toxicity data, cleanup levels, and remedial

Question C: Has any other Information come to light that could call into question the

Question A: Is the remedy functioning as intended by the decision documents? . . . . . . 7

action objectives used at the time of remedy selection still valid? . . . . . . . . . . . . . . . . . . . . . . . 8

protectiveness of the remedy? .... :.............. ; •................... , . . . . . . . . . . . . . . . . . . . ...... 9 Techriical Assessment Summary .............................................................. 10

V. Issues/Recommendations and Follow-up Actions ......................·................. ... 10

VI. Protectiveness Statement ....................................... :. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 11

VII. Next Review ........................................................................................ 15

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TABLES

TABLE 1 - Protectiveness Determinations/Statements from the 2009 FYR TABLE 2 - Status of Recommendations from the 2009 FYR TABLE 3 - Summary of Implemented ICs ·TABLE 4 - Issues and Recommendations/Follow-up Actions TABLE 5 - Site Chronology

APPENDICES

APPENDIX A - EXISTING SITE INFORMATION

APPENDIX B - FIGURES Figure 1 - Site Location Figure 1-1 - Site Map Figure 2 - Aerial Photo Site Location- title GRB Environmental _Covenant Map Figure 3 - Institutional Control Map Figure 4-Approximate Extent ofFuel Floating on the Ground Water

APPENDIX C - NEWSPAPER AD FOR PUBLIC INVOLVEMENT .

APPENDIX D -PHOTOGRAPHS DOCUMENTING SITE CONDITIONS

APPENDIX E- 2009 IMPLEMENTED AND RECORDED ENVIRONMENTAL COVENANT

IV

LIST OF ACRONYMS

ARAR Applicable or Relevant and Appropriate Requirement

CERCLA­ Comprehensive Environmental Response, Compensation, and Liability Act

CFR Code of Federal Regulations

FYR Five-Year Review

HHRA Human Health Risk Assessment

I Cs Institutional Controls

IL Illinois

IECA Illinois Environmental Covenants Act

· Illinois EPA Illinois Environmental Protection Agency

ILCS Illinois Compiled Statutes

JULIE Joint Utility Locating lhforrnation for Excavators

LTS Long-Term Stewardship

LNAPL Light Non-Aqueous Phase Liquid

NCP National Contingency Plan

NPL National Priorities List

O&M Operation and Maintenance

OU Operable Unit

PCB Polychlorinated Biphenyl

PRP Potentially Responsible Party

RAO Remedial Action Objectives

RI · Remedial Investigation

ROD Record of Decision

v

RPM

SARA

SVOC

TSCA

UUIUE

UECA

U.S. EPA.

Remedial Project Manager

Superfurid Amendments and Reauthorization Act

Semi-Volatile Qrganic Chemical

Toxic Substances Contrql Act

Unlimited Use/Unrestricted Exposure

Uniform Environmental.Covenants Act

. . United States Environmental Protection Agency

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EXECUTIVE SUMMARY

This is the third Five-Year Review (FYR) for the Hada Energy Co. Superfund Site located in East Cape.Girardeau, Alexander County, Illinois (the Site). The purpose of this FYR is to review information to determip.e if the remedy is and will continue to be protective of human health and the environment. The triggering action for this statutory FYR was the signing of the previous FYR on 8/31/2009.

In the Record of Decision (ROD) dated September 28, 1999, the U.S. Environmental Protection Agency (U.S. EPA) and the Illinois Environmental Protection Agency·(Illinois EPA) noted that an earlier removal action had mitigated the human health and environmental risks to a degree

' '

that the conditions at the Site posed no unacceptable risk of exposure to contaminants of concern (COCs) for industrial/commercfal use1

• The 1999 ROD required institutional and administrative controls to implement land use restrictions at the Site. The ROD also required groundwater use and activity restrictions, mainly due to a subsurface pocket of aviation gasoline remaining on the Site.

The 1999 ROD identified existing institutional controls. (ICs) as· being in place in the form of Declaration of Covenants signed by Harriette H. McCrate (then-owner) on September 17, 1997 and recorded with the Recorder's Office of Alexander County on December 15, 1997. The Declaration of Covenants includes the following restrictions:

1. The property shall not be used, improved or maintained for any type of residential purpose. 2. No building shall be erected, altered, placed or permitted to remain on the property for residential purposes. 3. The property shall not be used, improved or maintained to raise crops or livestock or for ·any other agricultural purpose. 4. No water well shall be drilled, altered, or placed on the property. Further, the existing water well will be closed and prior to closure may not be used for drinking water consumption by human beings or livestock.

During the last FYR, U.S. EPA and Illinois EPA noted that ICs and administrative controls needed improvements to ensure long-term protectiveness. Since then, the current owner implemented an Environmental Covenant.(EC) pursuant to the Illinois Uniform Environmental Covenants Act af765 ILCS Ch. 122 (UECA), at U.S. EPA's request (see Appendix E). The EC restricts the Site and restricts groundwater use by incorporating those restrictions identified in the existing Declaration of Covenants. The EC also requires approval of a work plan by Illinois EPA prior to any excavation and/or construction at the Site.

1 Although the PRPs conducted th_e Removal Action, they are not involved iri long-term stewardship of the Site.

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The PRPs are not currently involved in long-term stewardship of the Site (L TS) 2• Ensuring L TS is essential for long-term protectiveness. The PRPs should be taking the lead responsibility to ensure the effectiveness ofICs and LTS3. Illinois EPA and U.S. EPA will contact the PRPs and communicate that they have on-going responsibilities and consider enforcement options, to ensure that they assist in this effort. _I

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The assessment of this FYR reconfirms that the irrimediate threats have been addressed at the ·Site, and the remedy is functioning as contemplated by the ROD. Effective ICs are in place. The Site is currently protective of human health and the environment in the short term because the existing use is consistent with the activity and use restrictions identified in the ROD. Long-term protectiveness requires compliance with the ICs and administrative controls for the land and groundwater activity use restrictions at the Site. This will be assured by creating a Long-Term Stewardship Plan which will include provisions for 1) conducting periodic inspections, and.2) communicating with the Site owners periodically, and other measures as appropriate. Illinois EPA and U.S. EPA will contact the PRPs and communicate that they have on-going responsibilities and consider enforcement ·options, to ensure that they assist in this effort.

2 L TS applies to sites where long-term management of contaminated environmental media is necessary to protect human health and the environment. Long-term stewardship generally includes the establishment and maintenance of physical and legal controls, implementation entities, authorities, accountability mechanisms, information and data management systems, and resources that are necessary to ensure that these sites remain protective of human health and the environment. 3 PRP responsibility for L TS including maintaining and monitoring I Cs is discussed in various documents including: U.S. EPA's Memo "Enforcement First" to Ensure Effective Institutional Controls at Superfand Sites (2006), and the guidance issued by U.S. EPA: Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites (2012).

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Five-Year Review Summary Form

' f ' ,' I '1; .· < • I

. SITE. ~DENTl~ICATION . i , . .-:-::~>- _. · , . "· " ·

Site Name: Ilada Energy Co.

EPA ID: ILD 980996789

City/County: East Cape Girardeau/ ·AlexanderRegion: 5 State: IL

Co. ,....

,~ ' .. • 11,_..I I

SITE ST~TUS, I ;,:" ' ' : .·-~,/· . I ' I :'{

NPL Status: Final

Multiple OUs? Has the site achieved construction completion?

No Yes ,,,! '-,I ! .~·~ iL

REVIEW S[fATUS I I ,'\i

I

;;°i'.~I .,I I

Lead agency: U.S. EPA

Author name (Federal or State Project Manager): Sheri L. Bianchin

Author affiliation: U.S. EPA

Review period: 1/31/2014 - 8i29/2014

' Date of site inspection: 717/2014

Type of review: Statutory

Review number: 3

Triggering action date: 8/31/2009

Due date (five years after triggering action date): 8/31/2014 .,

IX

Five-Year Review Summary Form (continued)

Issucs/Rccom mcndations

OU(s) without Issues/Recommendations Identified in the Five-Year Review:

None

Issues and Recommendations Identified in the Five-Year Review:

OU(s): OUJI Issue Category: Institutional Controls Sitewide

Issue: Monitoring, maintenance, and enforcement of ICs is required.

Recommendation: Prepare and implement a Long-Term Stewardship Plan.

Affect Current Affect Future Party Oversight Milestone Date Protectiveness Protectiveness Responsible Party

No Yes PRPs EPNState 12/31/2015

or 1 L~ Site\\ idc Protccth cncss Statcmcnt(s)

Operable Unit: Protectiveness Determination: OUl/ Sitewide Short-term Protective

Protectiveness Statement: The assessment of this Five-year Review reconfirms that the immediate threats have been addressed at the Site, and the remedy is functioning as contemplated by the ROD. Effective ICs are in place. The Site is currently protective of human health and the environment in the short term because the existing use is consistent with the activity and use restrictions identified in the ROD. Long-term protectiveness requires compliance with the ICs and administrative controls for the land and groundwater activity use restrictions at the Site. This will be assured by creating a Long-Term Stewardship Plan which will include provisions for 1) conducting periodic inspections, and 2) communicating with the Site owners periodically, and other measures as appropriate. Illinois EPA and U.S. EPA will contact the PRPs and communicate that they have on-going responsibilities and consider enforcement options, to ensure that they assist in this effort.

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I. iNTRODUCTION

The purpose of a Five-Year Review (FYR) is to evaluate the implementation and performance of _a remedy in order to determine if the remedy will continue to be protective of human health and the environment. The methods, findings, and conclusions of reviews are documented in FYR reports. In addition, FYR reports identify-issues found during the review, if any, and document recommendations to address them.

The U.S. Environmental Protection Agency (U.S. EPA) prepares FYRs pursuant to the Comprehensive Environmental R:espon:se, Compensation, and LiabilityAct (CERCLA)Section 121 and the National Contingency Plan (NCP). CERCLA 121 states:

"Ifthe Pr.esident selects a remedial action that results in any hazardous substances, pollutants, or contaminants remaining at the site, the President shall review such remedial action no less often than each five years after th~ initiation ofsuch remedial action to assure· that human health and the env,ironment are being protected by the remedial action being implemented. In addition, ifupon such review it is the judgment of the President that action is appropriate at such site in accordance with section [104] or· [l 06], the President shall take or require such action. .The President shall report to the Congress a list offacilities for which such review is required, the results ofall such reviews, and any actions taken as a result ofsuch reviews. "

U.S ... EPA interpreted this requirement further in the NCP; 40 Code of Federal Regulations (CFR) Section300.430(f)( 4 )(ii), which states:

"Ifa remedial action is selected that results in hazardous substances, polll;'tants, or contaminants remaining at the site above levels that allow for unlimited use dnd unr.estricted exposure, the lead agency shall review such actions no less often than every five years after the initiation ofthe selected remedial action."

The Site consists ofone Operable U_nit (OU) which is addre.ssed in this FYR. The U.S. EPA has conducted the third FYR of the remedy implemented at the Ilada Energy Co. site (the Site) in East Cape Girardeau, Alexander County, Illinois .. This statutory review was conducted from January 2014 through August 2014. This report documents the results of the review. U.S. EPA was the lead agency in conducting this review. However, Illinois EPA has reviewed the supporting documentation and provided input to U.S. EPA during the FYR process.

The triggering action for this review is the signature date of the Second FYR Report, which was August 31, 2009. The FYR is required because hazardous substances, pollutants, or coritaininants remain at the Site above levels thatallow for unlimited use and unrestricted exposure (UU/UE). This review will be placed in the Site files and loca:l repositories for the Site .. The repositories are located at the McClure· Community Library in McClure, IL (and the Cape Girardeau Public Library in Cape Girardeau, MO).

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II. PROGRESS SINCE THE LAST REVIEW

Table 1: Protectiveness Determinations/Statements from the 2009 FYR ..Protectiveness

OU# Protectiveness StatementDetermination

I/ Sitewide Short-term Protective The assessment of this five-year review found that the immediate threats have been addressed at the Site, and the remedy is functioning as contemplated by the ROD. The Site is currently protective of human health and the environment because the existing use is consistent with the activity and use

' restrictions identified in the ROD. Long-term protectiveness requires monitoring of and compliance with land and groundwater activity use restrictions at the Site.

Table 2: Status ofRecommendations from the 2009 FYR

0 u

#

Issue

Recommendation s/

Follow-up Actions

Party Responsibl

e

Oversigh t Party

Original Mileston

e Date

Current Status

Completion Date (if

applicable)

1 Administrative A. Administrative Illinois U.S. EPA 6/1/2010 Completed 12/11/2009 controls for controls; and EPA/U.S. excavation EPA restrictions need improvement; institutional controls for land and groundwater restrictions mustbe monitored and maintained.

B. Long-term Illinois U.S. EPA 6/112010 On-Going stewardship EPA/EPA

Recommendation 1 • IA &B. Administrative Controls and Long-Term Stewardship

I The second.FYR, completed in 2009, found the remedy was protective of human health and the environment. TP.at FYR recommended the updating of the ICs and administrative controls and monitoring arid maintenance of the I Cs. In order to improve the I Cs and administrative controls, U.S. EPA and Illinois EPA requested that the owners implement an Environmental Covenant (EC) pursuant to UECA. The EC requires approval of a work plan by Illinois EPA prior to any excavation and/or construction at the Site. It was envisioned that additional improvement options would be explored in an IC Plan which was to be_developed by June 2010. Although an IC Plan was not developed, the EC was implemented and recorded on 12111 /09. Creation of a L TS plan is underway.

2

Remedy Implementation Activities

The ROD required no further remedial actio9 except review and monitoring of I Cs. Since ICs were in place at the time the ROD was signed, the Site achieved construction completion upon the signing of the ROD on 9/28/1999.

Institutional Controls

ICs are non-engineered instruments, such as administrative and/or legal controls, that help minimize the potential for exposure to contamination and protect the integrity of the remedy. Compliance with ICs is required to assure long-tenn protectiveness for any areas which do not allow for UU/UE.

The September 28, 1999 ROD selected ICs to implement land and groundwater activity and use restrictions as discussed below. That ROD noted the existing ICs and further stated that because the remedy requires maintenance of I Cs to prevent unacceptable exposilres from hazardous substances over a long period of time, a review of the I Cs will be conducted to ensure the remedy continues to provide protection of human health and the environment.

Cleanup Goals (Soil): The ROD noted that an earlier removal action had mitigated the environmental risks to a degree that the conditions at the site posed no unacceptable risk of exposure to contaminants of concern (COCs) for industrial/commercial use. Upon further review, U.S. EPA finds that the current COC levels also support recreational use of the property4. The current COC levels in soil are not protective ofresidential use, but are expected to support the current and anticipated future recreational land use of the property.

Cleanup Goals (Groundwater): A subsurface pocket of aviation gasoline was identified. The ROD did not require cleanup of groundwater; rather the ROD relied on I Cs prohibiting use of groundwater under the Site in perpetuity. The remedy specifies that the property not be used for residential purposes and that no water wells be installed on Site. Limitations on excavation and construction on the property are required as well as maintenance of I Cs and admi.nistrati~e controls restricting excavation and construction on the property unless conducted pursuant to approved work plans.

Status of I Cs and Follow-up Actions:

Declaration of Covenants:

On September 17, 1997, Harriette Mc Crate signed a Declaration of Covenants, which was recorded December 15, 1997 in the Recorder's Office of Alexander County, Illinois. That Declaration of Covenants was recorded at Book 307 Page 840. These were in place when the ROD was signed. The covenants required the following land and ground water use restrictions at the Site:

4 Cancer risk to recreational receptors was not evaluated in either the 1992 or 1999 Human Health Risk Assessments. However, commercial/industrial use of the property assumes 250 days/year ofexposure and . recreational use rarely assumes exposures of more than 180 days/year. Therefore, since COC levels support future industrial commercial use of the property, COC levels would also support recreational use of the property.

3

1. The property shall not be used, improved or maintained for any type of residential · purpose. 2. No building shall be erected, altered, placed or permitted to remain on the property for residential purposes. 3. The property shall not be used, improved or maintained to raise crops or livestock or for any other agricultural purpose. 4. No water well shall be drilled, altered, or placed on the property. Further, the existing water well on the property will be closed and prior to such closure may not be used for drinking water consumption by human beings or livestock.

I

Review of IC Effectiveness

The Declaration of Covenants states that the covenants run with the land and are binding ori all parties having or acquiring a right, title or interest in the property. However, it was not clear who · could enforce the conditions. This was one of the reasons that an EC was used to create ~nforcement rights for Illinois EPA and U.S. EPA.

Environmental Covenant:

During the 2009 FYR, the U.S. EPA and Illinois EPA found that the ICs should be modified· through an EC to enhance the effectiveness of the I Cs. An EC is authorized by the Illinois Environmental Covenants Act which was enacted in 2009. The UECA provides numerous statutory benefits, including a standard process for creating, modifying, transferring, and recording the EC and allowing Illinois EPA and U.S. EPA to enforce it. The EC included the land and groundwater use restrictions identified in the· 1997 Covenants and required approval of a work plan by Illinois ~PA prior to any excavation and/or construction at the Site. ·

On August 11, 2009, the U.S. EPA sent a letter to the current owners·ofthe Site, which reminded the owners that certain contamination remains on the property, including a localized subsurface pocket of light non-aqueous phase liquid composed of aviation gasoline. U.S. EPA notified the owners that the land use, groundwater, and activity restrictions on the property continue to be necessary to prevent unacceptable exposures from remaining hazardous substances. In addition, U.S. EPA also requested that the owners implement an EC.

The EC includes the restrictions on excavation and construction and incorporates by reference the groundwater and land use restrictions in the declaration. Under the UECA, the covenants run with the land and are bi.nding on future owners. A title commitment was obtained dated October 6, 2005 from Lawyers Title Insurance Corporation, which identified· the declaration as an encumbrance on the property.

Mapping of Site Areas:

GRB Environmental, U.S. EPA's contractor, plotted the legal description of the Declaration of Covenants, which showed that the legal description of the declaration covers the entire area of the Site. This map is included in Figure 2, but an updated map can be found in Figure 3. GRB Environmental obtained a title commitment dated October 6, 2005 from Lawyers Title Insurance

. Corporation, which identified the declaration as an encumbrance on the property. Other recorded encumbrances listed in Schedule B of the title commitment are not anticipated to cause

4

undue exposure or interfere with the restrictions. GRB confirmed that Harriette McCrate was the owner of the property at the time that she signed the Declaration of Covenants. U.S. EPA verified the legal description from the Declaration of Covenants and included the map of the subsurface pocket of aviation gasoline (see Attachment 4) identified in the Remedial Investigation (RI).

According to a GRB title report dated April 17, 2009, the current owners of the property are Rodney and Casey Brown, who signed the EC. The updated title report did not identify any additional recorded encumbrances.

Table 3: Summary of Implemented I Cs

Media, engineered

controls, and ICs Called Title of IC Instrument

areas that do I Cs for in the IC Implemented and Date (or not support Needed Decision Objective

planned)UU/UE based Documents

on current conditions

llada Prohibiting the Property- installation current of groundwater levels of wells for the COCs in soil purpose of only producing EC pursuant to Illinois UECA, support potable water, signed 4/17/2009; recorded

Yes Yesindustrial, and; prohibiting 12/10/2010 at the Recorder's commercial the use, Office, Alexander County, IL or improvement or recreational maintenance for use - see map any type of in Figures 2 residential &3. purpose. Subsurface pocket of aviation Approved work

EC pursuant to Illinois UECA, gasoline plans prior

signed 4/17 /2009; recorded remaining Yes Yes to excavation and

12/ 10/2010 at the Recorder's on the construction on

Office, Alexander County, IL property - see the property mapm Figure 4

Current Compliance with Restrictions and Future Compliance: Compliance with the activity and use restrictions in the ROD, including the Declaration of Covenants, is necessary in order for · the Site to continue to be protective of human.health and the environment. The Site was inspected in 2012 and 2014, and no activities were observed that violated the land and groundwater use restrictions identified in the ROD. As noted above, the current owners are complying with the land and groundwater use restrictions and it is anticipated that the owners

5

: will comply with restrictions in the future. The EC runs with the land and is binding on subsequent owners of the property. The EC may be enforced by U.S. EPA and Illinois EPA.

·Also, the agencies maintain contact with the current owner of the Site and conduct periodic Site visits. However, to. ensure that future compliance is achieved, a L TS plan will be prepared.

Long-term Stewardship: Long-term protectiveness at the Site requires compliance with the activity and use limitations identified above. Long-term stewardship and monitoring is necessary to assure compliance with the land use restrictions. The Illinois EPA and U.S. EPA periodically inspect the property to confirm compliance with the I Cs. Illinois EPA explored registering the Site with the State of Illinois' "one call" Program known as Joint Utility Locating Information for Excavations ("JULIE"). That was ruled out because of lack of funding available. However, letters are·periodically sent to the Site owners reminding them of the ICs. These procedures will be formalized in a L TS plan along with other improvements, if necessary. As mentioned above, a L TS Plan will be prepared and will formalize the L TS procedures. ·

·The PRPs are not currently involved in long-term ·stewardship of the Site. Ensuring LTS is essential for long-term protectiveness. Pursuant to U.S. EPA's Memo "Enforcement First" to Ensure Effective Institutional Controls at Superfund Sites (2006), and the guidance issued.by U.S. EPA: Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites (2012), the PRPs should be taking the lead responsibility to ensure the effectiveness of institutional controls and L TS. Illinois EPA and U.S. EPA will contact the PRPs and communicate that they have on-going responsibilities and consider enforcement options, to ensure that they assist in this effort.

. . I

Current and reasonably anticipated future land use: The Site is currently protective of J

human health and the environment in the short term because the existing use is consistent with the activity and use restrictions identified in the ROD. An inspection conducted during the summer of 2009 by Illinois EPA revealed that the current owner is using the property for recreational use for his off-road vehicles. This has been reconfirmed in several additional inspections including the inspection conducted in 2014 for the FYR. The inspection revealed no buildings or.groundwater wells on the property. The curren~ owner has not identified any plans for building on the property. It is anticipated that the property will continue to be used for recreational use or for flood management control. The Site ·is located in the 100-year floodplain

.of the Mississippi River on the "dry" side of the 20-foot high flood control levee which is located immediately.to the south of the Site. The current levels of COCs and subsurface pocket of aviation gasoline do not pose an unacceptable risk for current recreational land use or for the reasonably anticipated future recreational land use of the property.

System Operation/Operation and Maintenance Activities

Since no remedial systems are in place, no ongoing O&M is required except monitoring and maintenance of I Cs.

III. FIVE-YEAR REVIEW PROCESS

Administrative Components

The third FYR for the Hada Energy Co. Superfund Site was led by Sheri L. Bianchin, U.S. EPA Remedial Project Manager (RPM) for the Site. Janet Pope, the Community Involvement

6

Coordinator (CIC) issued the public notice for the start of the FYR. The Illinois EPA was . notified of the initiation of the FYR in March 2014. The review, which began on 1/6/2014, consisted of the following components: ·

• Community Involvement;

• Document Review;

• Data Review;

• Site Inspection; and

• Interviews.

Community Notification and Involvement

Activities to involve the community in the FYR process were initiated in March 2014 between the RPM and CIC for the Site. A notice was published in the local newspaper, the "Southeast Missourian" on 5/19/2014, stating U.S. EPA was conducting a FYR and inviting the public to submit any comments to the U.S. EPA (see Appendix C). No comments were received. The results of the review and the report will be made available at the Reference Section at the local repositories. They are located at the McClure Community Library in McClure, IL (and the Cape Girardeau Public Library in Cape Girardeau, MO).

Document Review

Between January and August 2014, the review team reviewed documents from the removal, the RI report and ROD. Applicable soil cleanup standards, as listed i~ the 1999 ROD, were also reviewed.

Data Review

No data review was completed as part of this FYR.

Site Inspection

Sheri L. Bianchin, RPM, U.S. EPA, conducted the site inspection on July 7, 2014. The purpose of the inspection was to assess the protectiveness of the remedy. Photographs of the inspection are included in Appendix D.

' The Site is a very isolated area. No activities were observed that violate the ROD requirements, including the ICs. The fence around the Site is intact and in fair condition. There is evidence that

· the Site may be still be used for recreational purposes, including using part of the.Site for off-road vehicles which is allowable. ·

Interviews

No mterviews were completed as part of this review.

IV. TECHNICAL ASSESSMENT

Question A: Is the remedy functioning as intended by the decision documents?

7

"-- .

Answer: YES

The remedy is functioning as intended. by the ROD. The cleanup standards have been achieved. The ROD specified that ICs and administrative controls be maintained to ensure compliance with land and groundwater activity restrictions. Effective ICs are in place. in the form of an.EC. An EC was recorded with the Alexander County Recorder on December 10, 2010. That instrument replaced and enhanced-the previously recorded Declaration of Covenants from 1997. The EC was implemented to impose land ~d groundwater activity use restrictions at the Site. The EC also requires administrative controls to restrict excavation and construction on the property unless conducted pursuant to approved work pla.nS as required by the ROD. However, ­compliance with ICs including the land and groundwater activity restrictions is required in order for the remedy to remain protective of human health and the environment. This is currently achieved by periodic inspections by U.S. EPA or Illinois EPA. Also, periodic contacts are made with the current owner via letter. Recently, U.S. EPA sent a letter to the current owners of the Site, which reminded the owners that certain contamination remains on the. property, including a localizeq subsurface pocket of light non-aqueous phase liquid composed of aviation gasoline at th(;! Site. U.S. EPA notified the owner~ that the land use, groundwater use, and activity

. restrictions continue to be necessary on the property to prevent unacceptable exposures from remaining hazardous substances. Also, the EC added a provision for enforcement of the restrictions by Illinois EPA and U.S. EPA.

Additionally, a LTS Plan will be prepared to formalize the existing monitoring procedures .including inspections and communications with the Site owner.

Since the last FYR, the Site was inspected in 2012 by Eric Runkel of Illinois EPA and Sheri L. Bianchin, of the U.S. EPA. The Site was again inspected in 2014 by Sheri Bianchin, as part of the FYR. During these insp.ections, it was confirmed that no Site uses were occurring that ­would be considered inconsiste,nt with the ICs and administrative controls.

Question B: Are the exposure assumptions, toxicity data, cleanup levels, and remedial action objectives (RAOs) used at the time of the remedy section still valid?

Answer: YES

There have been no changes in the physical conditions of the Site that would affect the ·protectiveness of the remedy.

Changes in Exposure Pathways, Toxicity, a.,d Other Contaminant Characteristics

The exposure assumptions used to develop the Human Health Risk Assessment included potential future exposures (On-Site Commercial/Industrial Worker and On-Site Construction Worker). There' have been no changes in the toxicity factors for the contaminants of concern that were used in the baseline risk assessment These· assump~ion~ are considered to be conservative and reasonable in evaluating risk and developing risk-based cleanup levels. There has been no ­change to the standardized risk assessment methodology that could affect the protectiveness of the remedy.

Based on the known information, the soil was deaned up to commercial/industrial standards. The ROD noted that an earlier removal action had mitigated the environmental risks to a degree

8

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that the conditions at the Site posed no unacceptable risk of exposure to contaminants of concern (COCs) for industrial/commercial use. The risk assessment conducted by Dames & Moore dated February 21, 1992, estimated the remaining cancer risk following the removal as: a) 5 x 1 o-6 to 2 x I 0-5 for a trespasser; b) 2 x I 0-4 to 4 X I 0-4 for an on-site resident scenario; and c) 4 x I 0-5 to I x 10-4 for an agricultural worker scenario. The July 1999 Human Health Risk Assessment estimated the remaining cancer risk to commercial/industrial·workers to be 2.2 x 10-6. Thus, the current COC levels in soil are not protective of residential use, but are expected to support th_e current and anticipated future recreational land use of the property (see Footnote 2 herein). In addition, limitations on excavation and construction on the property are necessary due to a subsurface pocket of aviation gasoline that remains on the property.

Also, the ROD did not require cleanup of groundwater; rather the ROD reli~d on I Cs prohibiting use of groundwater under the Site in perpetuity.

No inconsistent uses of the Site or groundwater have been identified that.would call into question the protectiveness of the remedy.

Questiori C: Has any other information come to light that could call into question the protectiveness of the remedy?

Answer: NO

There is no other information that calls into question the protectiveness of the remedy.

Technical Assessment Summary

Accordingto the ICs reviewed artd the Site inspections, the remedy is functioning as intended by the ROD. There have been no changes in the physical conditions of the Site that would affectthe protectiveness of the remedy. There have been no changes in the toxicity factors for the COCs that were used in the baseline risk assessment methodology that could affect the protectiveness of the remedy. Based on this review: 1) All cleanup goals in the ROD have been achieved for any media that may· affect current and reasonably anticipated future land uses, so that there are

l

no unacceptable risks and; 2) All institutional or other controls required in the ROD have been put in place. However, current administrative controls (maintaining contact with the owner and periodic Site inspections) need improvement. ALTS Plan will be prepared to improve and / formalize existing procedures in order to assure compliance with the ICs and administrative controls and ensure long-term protectiveness of the remedy.

9

v: ISSUES/RECOMMENDATIONS AND FOLLOW-UP ACTIONS

Table 4 I ssues an dRecommendationsIFo11 ctions. ow-up A"

Affects Protectivenes~ Recommendations/ Party Oversight Milestone . (YIN) OU# Issue Follow-up Actions Responsible Agency Date

Current Future

1 Monitoring, Prepare and PRPs U.S. I_2/31/2015 No Yes

maintenance, and implement a L TS EPA/Illinois enforcement of ICs is Plan. EPA required..

VI. PROTECTIVENESS STATEMENT

OUl & Sitewidc Protectiveness Statcmcnt(s)

Operable Unit:. Protectiveness Determination: OUI/ Sitewide Short-term Protective

Protectiveness Statement: The assessment of this Five-year Review reconfirms that the immediate threats have been addressed at the Site, and the remedy is functioning as contemplated by the ROD. Effective I Cs are in place. The Site is currently protective of human health.and the environment in the short term because the existing use is consistent with the activity and use restrictions identified in the ROD. Long-term protectiveness requires compliance with the ICs and administrative controls for the land and groundwater ·activity use restrictions at the Site. This will be assured by creating a Long-Term Stewardship Plan which will include provisions for

'-. 1) conducting periodic inspections, and 2) communicating with the Site owners periodically, and other measures as appropriate. Illinois EPA and U.S. EPA will contact the PRPs and communicate that they have on-going responsibilities and consider enforcement options, to ensure that they assist in this effort.

10

VII. NEXT REVIEW

The next FYR report for the Ilada Energy Super-fund Site is required five years from the completion date of this review.

11

APPENDIX A- EXISTING SITE INFORMATION

A. SITE CHRONOLOGY

Table 5 s·t1 e Chrono ogy Event Date

Initial discovery of problem or contamination 1982 Removal Consent Decree and Order Signed 01/18/1983 Hada Energy proposed to NPL 06/24/1988 Unilateral Order to begin Removal Action 2/08/1989 Final NPL listing 10/04/1989 Mai or Removal Action components completed 03/1991 Removal Action Report accepted by U.S. EPA 09/09/1992 Remedial Investigation finished 04/1999 Human Health Risk Assessment Finalized 07/1999 ROD approved by Illinois EPA and U.S. EPA 09/28/1999 Construction completion (No Further Action) 09/28/1999 NPL Deletion 11/9/2000 1st FYR completed 9/30/2004 :2"d FYR completed 8/31/2009 Site-Wide Ready for Anticipated Use Achieved 9/23/09

B. BACKGROUND

The Site encompasses approximately 17 acres in southern Illinois, south of the town ofEast Cape Girardeau, see Figures 1 - 3, in the northwest quadrant of Section 32, Township 14 South, Range 3 West. The area is relatively flat with a ground surface elevation of approximately 330 feet above mean sea level. The Site is located within the 100-year floodplain of the Mississippi River on the side of the 20-foot high flood control levee which is located immediately to the south of the Site. A 200-foot wide slough was formed along the south toe of the levee as a result of borrowing material for its construction. This area is swampy during the wet season (approximately Fall through Spring) supporting riparian vegetation consisting of cattails and other aquatic plants . .The quarter-mile wide strip between the river and the slough comprises wooded areas, dense brush and ground vegetation, and patches of overgrown, idle cropland. The main Site is surrounded by a chain-link fence to restrict access. Prior to the removal action, there were seven structures and twenty-two bulk oil tanks and numerous underground pipelines. All were removed from the Site along with the tank contents and the grossly contaminated soil on Site. The Site is overgrown yearly with native grasses and weeds.

1

Land and Resource Use

The Site wa8 a chemical and oil storage/transfer/recycling facility under various owners until 1983 when Hada Energy Company entered intp a consent decree with U.S. EPA to cease operations. The Site was unused while response activities occurred, and remained unused until the current landowner purchased the property on October 13, 2006. The current landowner uses the Site as a track for off-road vehicles.

Development options for the Site are limited due to Site conditions and local code restrictions. Erecting buildings is impeded because flood, insurance is unavailable for the Site due to frequent flooding. Well and septic system construction, while technically possible, would be prohibitively expensive due to local code restrictions on installing such systems in flood-prone areas. Additionally, because of local code restrictions on well construction, groundwater usage at the Site is non-existent.

The surrounding area is utilized primarily for agricultural purposes.' Farmland borders the Site to the northeast, but the remainder is owned by the U.S. Forest Service ap.d used for silvaculture.

History of Contamination

The Site originally cons!sted of a tank farm built for the U.S. Department of War in 1942. The location was selected to take advantage of access provided by the Mississippi River. The facility was operated by Allied Oil Terminal Company as a bulk fuel oil storage/transfer terminal until 1959. After Allied Oil Terminal Company ceased using the facility in 1959, the Site sat idle until purchased by the Kara Oil Company in 1979. In 198l, it was assigned to Larry Wilson of the Hada Energy Company (Hada). From 1981 to 1983, Hada operated the tank farm as a waste oil reclamation facility. Additional tanks and structures were added to the facility in that time period.

Illinois EPA conducted an inspection of the Site in 1982 while Hada operated the facility. The inspection report documents the improper storage, handling, inixing, and disposal of waste oils contaminated· with

. (

polychlorinated biphenyls (PCB). Stains on the ground were observed also, indicating spillage or leakage of oils near tanks, under tank valves, and in the loading and unloading areas. Information about mat~rials management prior to Hada's ownership ofthe property is unavailable.

. Initial Response

Several more inspections of the facility were conducted by Illinois EPA and U.S. EPA in 1982 and 1983. Ilada and U.S. EPA entered into a consent decree and order on January 18, 1983 to correct the deficiencies observed during the inspections. Among :o~her actions, the order required the removal "forthwith and without delay" of PCB-contaminated materials in accordance with the Toxic Substances Control Act (TSCA). It also required Ilada to close all activities relating to the receipt, transportation, · storage, handling, use and disposal ofPCBs, chemicals, and other wastes. In 1983, the boiler was removed by Ilada, as well as some pumps and related equipment from the pump house, and office and laboratory equipment were removed from the Office Building.

In 1986, Illinois EPA installed six groundwater monitoring wells on the Site. The Site was subsequently proposed for inclusion on the National Pri9rities List (NPL) pursuant to Section 105 ofCERCLA on June 24, 1988. The listing of the Site on the NPL was finalized on October 4, 1989.

2

In 1989, after Hada made no effort to remove PCB materials from the Site, a Unilateral Administrative Order was issued pursuant to Section 106 of CERCLA. As a result of the Section 106 Order, four of the comp~es included as PRPs formed the Hada Energy Company - East Cape Girardeau Group. These cpmpanies included Shell Oil Company, Metal Container. Corporation, Granite City Steel Division of National Steel, and Emerson Electric Company. Initiated in December 1989, the removal action resulted in the removal of all tanks and their contents, piping, structures, debris, and grossly contaminated soils. A total of442, 164 gallons of oil and sludge were bun:ied as waste fuel in kilns; 142,200 gallons of PCB-contaminated oil and sludge were incinerated; 865, 700 gallons of contaminated water were treated and discharged; 1,100 cubic yards of soil and miscellaneous debris were disposed as special waste; 637 cubic yards were disposed as · demolition debris; fifty cubic yards of PCB-contaminated soil (resulting. from small spills during removal activities) were landfilled; and 1,287 tons of steel were recyded. The removal action was completed in 1991.

Basis for Taking Action

Prior to the removal action, liquid oily wastes were found on-Site contaminated with volatile organic compounds (VOCs), PCBs, and heavy metals including lead, ars~nic, and zinc. On-Site surface soils

. were contaminated with PCBs and heavy metals. The potential existed for Site-related contaminants to migrate off-Site into the sole source drinking water supply of the area residents. Additionally,· agricultural lands and the nearby Mississippi River could have been: adversely affected by oily wastes and associated contaminants from the Site. All structures used by Ilada, including foundations, tanks, abovegrollild and buried pipe'lines (including those south of the levee), debris, and grossly contaminated soils were removed as part of the removal action. The only remnants of the tank farm are the repaired seven-foot high perimeter fence, roads, subdued remnants of the six berms around the tank areas, and the former Site production water well. Nearly all of the brush and trees were removed during the removal action. Weeds and brush have reestablished, providing a vegetative cover since completion of Site activities.

C. REMEDIAL ACTIONS

The RI, conducted between 1990 and 1997, y}elded the following information regarding the nature and extent of the contamination remaining at the Site:

~The Site surface and subsurface soils contain generally low levels ofVOCs and Semi-Volatile Organic Compounds (SVOCs); and

•A localized subsurface pocket oflight non-aqueous phase liquid (LNAPL) composed of aviation gasoline remains from the Site's original use as a fuel storage depot approximately 40 years ago. The lateral extent ofthis pocket measures approximately 50 by 75 feet, and it is entirely contained on the Site.

·The Human Health Risk Assessment (HJ:IRA} was developed using a c.ommercial/industrial as a future land-use scenario. Incidental ingestion, inhalation ofVOCs, and inhalation ofparticulates were .included as pathways. Under this land-use scenario, the Site poses an acceptable risk (2.2 X 1 o-6 risk) to commercial/industrial workers, construction workers, and trespassers. Institutional controls (IC) that

3

restricted Site uses were 1n place and precluded residential or groundwater use of the Site. Maintenance of these ICs was, and remains necessary to protect human health and the environment.

Based upon evaluation of these findings, it was determined that the Site no longer posed an unacceptable risk. It was therefore determined that ho further remedial action was necessary for the purpose of mitigating environmental threats at this Site. Because the .removal action mitigated a substantial portion of the environmental risk associated with site operations, the remedy selected in th~ September 27, 1999 ROD was "No Further Action". This remedy requires rriaintenance of I Cs to prevent unacceptable exposures from hazardous substances over a long period of time.

Remedy Implementation

The ICs that have been implemented at the site'consist of the following:

• Prohibiting the installation of groundwater wells for the purpose of producing potable water, and;

• Prohibiting the use, improvement or maintenance of any type of residential purpose.

I Cs are discussed in greater detail in the main body of this report. No qther actions have taken place at this Site since the completion of the removal/remedial action.

4

APPENDIX B - FIGURES

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Figure 2 - GRB Environmental Covenant Map

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llada Energy Alexander County, IL ILD980996789

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APPENDIX C - NEWSPAPER AD FOR PUBLIC INVOLVEMENT

/

REGION I STATE

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Despite storms, KC., St. Louis mayors oppose gun bill Houseand.Senateeac:hpassed makesureMlssourlcltizeos' \Wu.Id have unintended CXlll· a dHfermt ver.don cl the bill tights are protected." sequences and said lawsuitsCape rainfall total this ~ but the chambers C8llahan. wbo prosecutes could stem from a fedenll need to agree en an identlc:al federal crimes in Missouri's law that bans. firearm ac­measure _,, lawmaka'S eastern district. said the a!&S to people convicted in -=In mld-Ma)I state bas the abllitY to DOI: domestic violence ca9eS. Henear normal · "ltskleswithcri:miDalsOYer participate ln joint opera­ said those people mul.d sue hler'8l authorities who help tions. But be said tbo&e de­ fuderal q:enli for confulcat ­

MORE SHOWERS are forecast for today, us rid our oel(:blnboods d cisk>ns are probably better ing tbelr guns because DO Yiolo.11 criminals. gangs QI' made at a local level instead such prohibitioo exists UD·

but not as severe as recent rainfall --·s1aysaid. d an overall state poliC): derSlatelaw. Slay cited a joint opera­ funderh1rk sa.kl the bill But Funderburk said that

night in a small area aboul tion last )Ur with the US. ~ oDly penalize federal scenario wooldn't apply un­a mile nocth ~the Cape Gi­ Bureau d Alcohol, TobAcm, dficialswho"knowiogly"'en­ der the bill because courts mdeau Regiooal Airport. i:Jroea law tbat lnfrlnaesoo have i>und that federal law

Reoen1 cuU)'W85hen By Monday afternocxt, the that c:oUeded 1B1 guns from Seoood Amendment rights to be ccnstituUooal He add­Firearms and ­ootwithstarldiDg. Cape Gi· Missouri Department d crlm1nals.Hesa.idthateffort and is unoonstitutiooal ed that a "'loser pays" provi­rardeau's rai.rdiill tntlls are Ttansponation's on1ine trav­ l\vuld no kmger be allowed 1be most reoeot draft, sion d the measure would J""sllobtly-n<rmalthb eler informatklomapsbowed if the bill becomes law. peDdiog OD the Senate cal­ prevent fttvok>us lawsuits D'Dlth.a~said. flood-related road closures But the bill's spomor said endar, ....'OUkl punish those

by "'luirln& ... - ­Mary Lamm. a hydrolo­ remained in eOect 00 Route it would "absolutely not" agents with possible civil ty to PQY court rosts. gist at the National Weather Kin Stoddard Coun~ routes hurt theabilltydstateand damages stemming from 1bebillv.ollidal90~ Service ln Paducah. K)i:, said Hand PP ln BolllngerC.ounty fedenllauthoritiestocoop­ lat1.-sult.s dJed by Mlssou· the minimum age required to Cape Girardeau received and routes A and RA in Cape enneonlnvestigatlons. ria.ns who think their gun set•ooocealed-Mi!8ponsper­more than 3 Inches cL rain in GirardeauCoun~ " It bas not and bas oever r ights were lnfrineed. II ndt to 19 from 21 and allow aU.bourperiod. Lamm said whtle flooding been my goal to preo.eot in­ -M>u1d also bar tboee agents those permit holders to cany

"I know that as d 7o'clock was an issue for a-eeks and ter.agency• cooperation," for "M>rldng in state or k>cal a firearm openlJi eYl!l1 in mu­this mor-ning. the 24-hour smaller rivers, the Mlssissip­ said Rep. Doug F'lmdertlurlt, law enfon:ement. nk::ipalltics wtth ordinances rainfallwasalittleoverthree pi and Ohio riYer5 remained R-st Peters.. "I just want to James claimed the bill prohibiting"""'"""'andaquarterlnd>es," Lamm well bel0111 flood stage. said Monday afternoon. At 7 a.m. Monda~ the

Other parts d Southeast National Weather Service M1ssourl saw heavier rain, website reported the Missis­ Almost 1,400 students to graduate from Southeast wtth one spotter reporting 8 sippi was at 24.6 feet at Olpe incDes in New Madrid Coun­ Girardeau - an increa9e cl SOl.mtEAsT MtssouaAH university n.ews release. ment, tbereleasesakt The Southeast Mis·

t); Mo., she l.4 feet oYer the previous 2' Dr. Muriel Howard, pres.I- An honors convocation, sourl Symphony Orches­Severe said. hours, but still H. feet b& A total of l,348 students dent of the American As­ -.itb an address from Dr: tra, directed by proCessor

American low flood stage- while the - l,D9'l undergraduate and soc.iation of State Colleges Walt Lillx will be at 10'.30 m music Sara F.dgertoo, Rl!dCrosswl­ Ohio bad reached 24.9 feet at 256 master's and specla.Ust and Universities, will de. am. at the Show Me Center will perform durln& theWHthM'

• 1sd1e1n _..... unteers wen! Cairo. Ill, up eight-tenths m students - .....W receh-e ~ liver the commencement to honor 422 undergradu­ ceremony. Riley Camp of In Ulboum, a foot but more than 15 feet greesat Southeast Missouri address. ates. Lilly ls a pro(essor in Bonne Terre, Mo., will sln& Mo.. Qunp. below flood stage. State UnM!rsity's spring Twenty-seven undergrad. the Department of Biology the -star Spangled Ban­'°""""""' bell, Mo., and .. I don't thlnk'Aoe'reaoingto commencement exen::i9es uate students with perfect at Southeast and the 2013 ner," and Joseph Moore of......

--- Makleo. Mo.. get anywhere nw-Ooodl.ng," at 2p.rn. Mayl7 at the Show 4..0grade-pointaverageswill recipient of the University's Cape Girardeau will sing to help victims d weekend Lamm said." _. It would take Me Center, ao::ordiDg to a be booored at commence- PRIDEA•1lnl the alma mater. Oooding. the organization's a couple oC tbe9e events to Southeast Missouri chapter push it up and create minor

to moderate flooding. " A lUl Cross shelter bad lleo>he ... heavy """"

Gasoline prices inch up in Cape ~' UPCOMING..-­opmed at the New MadrXl over the • -eekend. Cape GI· QmmunityCentl!rirvk:tims rardeau's April rainfllll to­ Buddy ~lte shows. evao.wed &om the Ulbourn tal is only aboot • half-inch Locations with higher ~ .. .~EVENTS area. a news rdoo9e stated. above OOl'mal, Lamm said.. Average retail gasolloe prices are likely on the in­ ~i;DJ:!A~and the chapter was monil:<r­ Forecasters were looking prices in Missouri have terstate, and going lnland ing the 'M!8ther Monday in at the possibility m more risen 1.8 oeots per gallon a bit will net motorists a case additional fknllDg cre­ shower.; today, "but certab:tly in the past week, averag. lower fuel bill, DeHaa.o ated new needs in the regioo. DOC tbebea\'Yralnfall ~got Ing $3.46 per gallon Mon­ sakl in the release.

A flash flood watch re. )'eStl!~ .. sbesaid. da)( according to gasoline Compared to other ar­mained in effect until 7 p.m. "Afterthat, we'rek>ok.lngat website GasBwkl}•'s daily eas of the state, Cape Gi­Monday for much of South· afairlydry'M!ek." shesa.id. survey of 3.940 gas outlets rardeau prkesare ..all over east MiS!!Owi and Southern The National Weather Ser­ in Missouri. the map," partly because Illinois. Including Bollln&e< vice •1lS calling IOr regional With refinery mainte­ ol its pro:Wnity to other cape Giranleau, fl'n1,: Scott higbsinlbe7Qs;today,aJ­ nanct' wrapping up, prices states, OeH.aan said, al· and Stoddanl oountles ln -LammsakldouclY should decline around Me­ though there are many £ac. Mlssouri and Alexander and skies could suppress temper­ morial Day or the begin· tors that go into gas prices. Union counties in filinois. ahll'es in some areas.. n1ng of June, said Patrick Including the change in

"Obviousll( we've got DeHaan. senior petroleum. gas prices in Missouri dur­in~and~ some places with cloud Cl:J'iJ· analyst for GasBudcQi.com ing the past week. prices counties reported water !Wei" er and rainfall that aren't in Chicago, in a Dews re­ Sunday were 9.1 oents per roads Sunday night. and one going to make it out m the loase. gallon higher than the person became trapped in a 60s,"shesaid. But, as with everything, same day one year ago car oo Route W just north­ Forecasters expect highs there are #some asterisks" and are 6.7 cents per gal­west a Poplar Bluft'. Mo. inthelow60sfortherest If refinery problems occur, lon higher than a month

Meanwhile. in Cape Gi­ m the week, with tempera­ DeHaansaid ago, the release said. The rardeau Count)< an einerJ!OO· tures 't\'Brmln& to the mid- <r The natkmal average national average bas lo· cy manager told the National upper 60s by the weekend, rose 2.5 cents per gallon ln creased 12.9 cents per gal­Weather Service a storm had Lammsakl. the past week to S3.65 a gal­ lon during the last month damaged trees and m::re-­ lon. Gas prices around the and stands 16.5 oeots per atlonal. YC:hidesanddesl:ro)'l!d Cape Girardeau area range gallon higher than this day a nearby pole barn Sunday from S3.3> to $3..55, the Gas- ooeyearago.

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EPA Begins Review of llada Superfund Site

East Cape Girardeau, Illinois U.S. Environmental Protection Agency is reviewing the Hada Supertund site located in East Cape Girardeau, Alexander County, Illinois to ensure the cleanup continues to protect people and the environment. The Superfund law requires reviews at least every five years at sites where !he cleanup is complete but wasle remains managed on-site. This is the third five-year review for lhis site.

EPA, in consultation with Illinois EPA, Y.~11 evaluate site documents, results of periodic inspections, and review of the instltutional controls which are necessary to restrict land and groundwater use at the Site. Should we find any areas of potential concem, we will ensure that t he problems are addressed.

More information on the llada Superfund site can be found at the Cape Girardeau PubUc Library, 71 1 N. Clark Ad. EPA will issue a report on the five year review by August 31, 2014.

The five year review is an opportunity for you to tell EPA about site conditions and any concerns you have. Contact

Sheri Bianchin Janet Pope Remedial Project M anager Community lnvofvement Coordinator 312-886-4745 312-353-0628 Bianchin.sheriOepagov pope.jane!Oepa.gov

You may also call EPA toll·free, 800-621-8431 , weekdays 8 am. to 4:30 p.m.

\_

APPENDIX D - PHOTOGRAPHS DOCUMENTING SITE CONDITIONS

Photographs from llada Energy Superfund Site, East Cape Girardeau FYR Site Inspection- July 7, 2014 Depicting Site Features From Outside of Site Fencing Which Surrounds the Property

3

4

APPENDIX E- 2009 IMPLEMENTED AND RECORDED ENVIRONMENTAL COVENANT

STATE OF H..LINOIS } SS . · EPA Region 6 Records Ctr. COUNTY OF ALEXANDER } NO. Dq_I/{'//

THIS INSTRVMENT FILED FOR.RfCORO l' r.q1111111~1 THIS I I ff\; DAY OF 1,}1_ (! . A.O. 20 I ­351573 AT It: ~O O'CLOCK .)l.. AM -P-M~--

ANO RECORDED IN BOOK '3 '1 'l PAGE tlp {)

!)~'

[space above reserved for recording information]

This instrun:ient was prepared by:

Kim Geving, Attorney Illinois Environmental Protection Agency 1021 N. Grand Avenue East P.O. Box l 9276 Springfield, IL 62794-9276

Please return this instrument to:

Kim Geving, A~orney Illinois Environmental Protection Agency l 02·1 N. Grand A venue East P.O. Box 19276 Springfield, IL 62794-9276

ENVIRONMENTAL COVENANT

I. This Environmental Covenant is made this &I/ day of Jl.x,."f,;j k,;f , 2~, by and among Rodney Brown and Casey Brown (Grantors) and the Illinois Environmental Protection Agency (Illinois EPA), (Holder/Grantee) pursuant to the Uniform Environmental Covenants Act. ac 765 ILCS Ch. 122 (UECA) for the purpose of subjecting the Property to the activity. and use limitations herein. ·

2. Property and Granton.

A. Property Description. The real property that is subject to this Environmental Covenant is located near the Mississippi River In Alexander County, rllinois and is legally described in Appendix A. which is attached hereto and hereinafter· referred to as the ··Property".

B. Granton. Rodney Brown and Casey Brown, Grantors, with a mailing address of 37728 Grape Vine Trail, McClure. Illinois 62957, are the fee owners of the Property.

3. Holder (and Grantee for purposes of indexing).· Illinois EPA is a Holder (and Grantee for purposes of indexing) of this Environmental Covenant pursuant to its authority under Section 3(b) of UECA.

4. Agencies. The Illinois EPA and the U.S. EPA are "Agencies" within the meaning of Section 1(2) of U ECA. The Agencies have approved the environmentaJ response project described in paragraph 5 below. ·

5. Environmental Response Project and Administrative Record.

A. This Environmental Covenant arises under an environmental response project as defined in Section 2(5) of UECA .

. B. The Property is part of the llada Energy Superfund Site ("Site"), which the U.S. EPA, pursuant to Sect,ion I 05 of the Comprehensive EnvironmentaJ Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9605, placed on the National Priorities List. set forth at 40 C.F.R. Part 300. Appendix B. In a Record of Decision (ROD) signed by the Illinois EPA Director on September 28, 1999 and by the U.S. EPA Region 5 Superfund Director on September 27, 1999, the Agencies selected aremedial action for environmental remediation of the Site that relies on land and groundwater activity and use restrictions at the Site to prevent unacceptable exposures from hazardous substances over a long period of time. The site surface and subsurface soils contain generally low levels of Volatile Organic Compounds and Semi­Volatile Organic Compounds. In addition a localized subsurface pocket of Light Non-Aqueous Phase Liquids (LNAPLs) associated with aviation fuel remains in the.area shO\Vn in Appendix C. The ROD relies on compliance with a Declaration ofCovenant dated September 17, 1997 by · Harriette H. Mccrate, recorded on December 1 S, 1997, in Book 307 Page 840 in the Recorder· s Office of Alexander County. Illinois that identifies certain groundwater and land use.limitations ­on the Property, which is attached in Appendix B. The ROD also requires implementation of special safety plans before any construction or excavation is conducted on the Property due to the subsurface pocket of LNAPLs.

C. The Administrative Record for the Site is maintained at the U.S. EPA Superfund Record Center, th Floor. 77 West Jackson Blvd, Chicago, Illinois 60604 and at the Illinois EPA Bureau of Land. 1021 N. Grand Avenue East. Springfield, IL 62794-9276. Persons may contact Jan Ogden. Illinois EPA, Bureau of Land at 217-782-9878 for information concerning t~e Site.

6. Grant of Covenant. Covenant Runs With The Land. Grantors create this Envi_ronmental Covenant pursuant to UECA so that the Activity and Use Limitations and associated terms and conditions herein shall run with the land in accordance with Section 5(a) of UECA and shall be binding on Grantors, their heirs, successors and assigns, and on all present and subsequent O\\ners, occupants, lessees or other person acquiring an interest in the Property.

7. Activity and Use Limitations. The following Activity and Use Limitations apply to the use of the Property:

2

A. No excavation of soils or construction: Excavation. boring or drilling · into soil or construction on the Property is prohibited except pursuant to a work plan approved in writing by lUinois EPA. ·

B. The activity and use limitations set forth in the Declaration of Covenants attached hereto as App~ndix B (including Section 1, 2 and 3)·continue to apply to the use of the Property.

8. Ri2ht of Access: Grantors consent to officers, employees, contractors. and authorized representatives of the Illinois EPA and U.S. EPA entering and having continued access at reasonable time to the Property for the following purposes:

A. Implementing, operating and maintaining the response actions m the ROD. including but not limited to those actions generaJly described herein;

B. Verifying any data or information submitted to U.S. EPA or Illinois EPA;

C. Verifying that no 1;1ction is being taken on the Property in violation of the terms of this instrument or of any federal or state environmental Jaws or regulations~

D. · Monitoring response actions on the Site and conducting investigations relating to contamination on or near the Site, including~ without limitation, sampling of air, water, sediments, soils, and specifically, without limitation, obtaining split or duplicate samples; and

E. Conducting periodic reviews of the remedial action, including but not limited to, reviews required by applicable statutes and/or regulations.

Nothing in this document shall limit or otherwise affect U.S. EPA and Illinois EPA's rights of entry and access or U.S. EPA's and Illinois EPA's authority to take response actions under CERCLA. the National Contingency Plan ("'NCP"), or other federal and state law. ·

9. Reserved rights of Granton: Grantors hereby reserve unto themselves, their successors, and assigns. all rights and privileges in and to the use of the Property which are not incompatible with the restrictions, rights and easements granted herein.

IO. No Public Access and Use: No right of access or use by the general public to any portion of the Property is conveyed by this instrument

) .

3

11. Future Conveyances, Notice and Reservation:

A. Grantors agree to include in any future instrument conveying any interest in any portion of the Property, including but not limited to deeds. leases and mortgages, a notice and reservation which is in substantially the following form:

THE INTEREST CONVEYED HEREBY IS SUBJECT TO AND GRANTORS SPECIFICALLY RESERVE THE ENVIRONMENTAL COVE~ANT EXECUTED UNDERTHE UNIFORM ENVIRONMENTAL COVENA~TS ACT (UECA) AT 765 ILCS CH. 122 RECORDED IN THE OFFICIAL PROPERTY RECORDS OF ALEXANDER COUNTY, ILLINOIS ON December 11. 2009 AT Cairo , IN FAVOR OF AND ENFORCEABLE BY THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY AS A UECA HOLDER AND THE U.S. ENVIRONMENTAL PROTECTION AGENCY AS A UECA AGENCY.

B. Grantors agree to provide written notice to Illinois EPA and U.S. EPA within 30 days after any conveyance of fee title to the Property or any portion of the Property. The notice shall identify the name and contact information of the new Owner, and the portion of the Property conveyed to that Owner.

12. Enforcement and Compliance.

A. Civil Action for Injunction or Equitable Relief. This Environmental Covenant may be enforced through a civil action for injunctive or other equitaJ:>le relief for any violation ofany term or condition of this Environmental Covenant. including violation of the Activity and Use Limitations under Paragraph 7 .and denial of Right of Access under Parag·raph 9. Such an action may be brought individually or jointly by:

1. the Illinois Environmental Protection Agency; and

n. the U.S. Environmental Protection Agency.

B. Other Authorities Not Affected. No Waiver of Enforcement. All remedies available hereunder shall be in addition to any and all other remedies at law or in equity, including CERCLA. ~othing in this E~vironmental Covenant affects U.S. EPA or Illinois EPA's authority to take or require performance of response actions to address releases or threatened releases of hazardous substances or pollutants or contaminants at or from the Property, or to enforce a consent order; consent decree or other settlement agreement entered into by U.S. EPA or 111inois EPA. Enforcement of the tenns of this instrument shall be at the discretion of the Holders, the U.S. EPA and l llinois EPA and any forbearance, delay or omission to exerci5.e its rignts under this instrument in the event of a breach of any term of this instrument shall not be deemed to be a waiver by U.S. EPA or Illinois EPA of such term or of any subsequent breach of the same or any other tenn, or of any of the rights of U.S. EPA or Illinois EPA of such term or of any subsequent breach of the same or any other term. or of any of the rights of the U.S. EPA or Illinois EPA.

4

C. former Owners And Interest Holders Subject to Enforcement. An owner, or other person that holds any right. title or interest in or to the Property remains subject to enforcement with respect to any vjolation of this Environmental Covenant by the owner or other person which occurred during the time when the owner or other person was bound by this Environmental Covenant regardless of whether the owner or other person has subsequently conveyed the tee title, or other right, title or interest, to another per~on.

13. Waiver of certain defenses: This Environmental Covenant may not be extinguished, limited. or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment; waiver, lack of enforcement, or acquiescence, or similar doctrine as set forth in Section 9 of UECA. ··

14. H.epresentatioos and Warranties: Grantors hereby represent and warrant to the Illinois EPA and any other signatories to this Environmental Covenant that, at the time of execution of this Environmental Covenant. that the Grantors are lawfully seized in fee simple of the Property, that the Grantors have a good and lawful right and power to sell and convey it or any interest therein, that the Property is free and clear of encumbrances, except those noted on Appendix D attached hereto, and that the Grantors will forever warrant and defend the title thereto and the quiet possession thereof. After recording this instrument, Grantors will provide a copy of this restricti\'e covenant to all holders of record of the encumbrances including those entities noted on Appendix D.

15. Amendment or Termination. This environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: a) the I1Jinois Environmental Protection Agency; b) the U.S. Environmental Protection Agency and c) current owner of the tee simple of the Property, unless waived by the Agencies. Grantors specifically waive the right to consent to an amenciment or termination of the Environmental Covenant if Grantors convey the fee title of the Property to another person.

16. 1'otices: Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and shall either be served personally or sent by first class mail, postage prepaid, addressed as follows:

To Grantors:

Rodney and Casey Brown 3 7728 Grape Vine Trail McClure. lllinois 62957

To Agencies:

U.S. Environmental Protection Agency Superfund Division Director 77 West Jackson Boulevard Chicago. lL 60604.

5

Illinois Environmental Protection Agency Chiet: Bureau of Land 1021 N. Grand Avenue East P.O. Box 19276 Springfield, IL 62794-9276

t 7. Recording and Notice of Environmental Covenant, Amendments and Termination.

A. The Original Environmental Covenant.· Grantor agrees to recordation of this Environmental Covenant in the office of the County Recorder or Registrar ofTitles of Alexander County after it is signed by all of th~ parties.

B. Termination, Amendment or Modification. Within 30 days after Illinois EPA and U.S. EPA (whichever is later) sign and deliver to owner any termination, amendment or modification of this 1Environmental Covenant, the owner shall record the amendment, modification. or notice of termination of this Environmental Covenant in the office of the County Recorder or Registrar of Titles of Alexander County.

C. ~roviding Notice of Covenant, Termination, Amendment or Modification. After recording this Environmental Covenant, Illinois EPA shall transmit a copy of the Environmental Covenant in recorded form to:

I. the Illinois EPA;

,. ii. the U.S. EPA;

Ill. each person holding a recorded interest in the Property, including those interests in Appendix D;

iv. each person in possession of the Property; and

v. the environmental otlicer ofeach political subdivision in which the Property is located.

Within 30 days after recording a termination, amendment or modification of this Environmental Covenant. the Owner shall transmit a copy of the document in recorded form to the persons listed in items i to v above.

18. . General Provisions:

A. Controlling law: This Environmental Covenant shall be construed according to and governed by the laws of the State of Illinois and the United States of America.

B. Liberal construction: Any general rule of construction to the contrary notwithstanding, this instrument·shall be liberally construed-in favor of the grant to effect the

6

)

purpose of this inslrumt:nt and the policy and purpose of CERCLA. If ariy provision of this instrument is found to be ambiguous, an interpretation consistent with the purpose of this instrument that would render the provision valid shall be favored over any interpretation that would render it invalid.

C. No Forfeiture: Nothing contained herein will result in a forfeiture or reversion of Grantors' title in any respect.

D. ·.Joint. Obligation: If there are two or more parties identified as Grantors herein •. the obligations imposed by this instrument upon them shall be joint and several:

' E. Captions: The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation.

19. Effective Date. This Environmental Covenant is effective on the date of · acknowledgement of the signature of the Illinois EPA and U.S. EPA, whichever is later.

20. List of Appendices:

Appendix A - Legal Description and Map of the Property

Appendix B - Declaration of Covenants by Harriette H. Mccrate recorded ' December 15, 1997, io Book 307 Page 840 Alexander County Recorders Office, Illinois

Appendix C - Map ofsubs,..rface pool of LNAPL

Appendix D - List of Recorded Encumbrances - Entities to Receive Notice

7

I~ WITNESS WHEREOF, THIS· INSTRUMENT HAS BEEN EXECUTED ON THE DATES l~DrCATED BELOW:

FOR THE GRANTOR RODNEY BROJN

;Lr<--­By (signature)

[Name of signer] 1fc,)v.r-1 t--.::,.,-.rJ (print)7

State of lllinois · ) P7 1.:;:...;; ~. -~ I ) SS.

County of c.::f?r.:: (,-< )

On [ _ .2 , 20 qi, this instrument was acknowledged before me by Rodney Brown.

~2. .~ J // .,,,_,, /(signature) Notary Publfo My Commission Expires 7.Jf:!. -? ~ ::.. ". c1

FOR THE GRANTOR CASE)' BROWN

. I '. // )· I )By '. /: ,;, ·J i· -! , ; (;ft Y. _ · (signature)u - .-·

- . ) (if} ,. ""I ./ -., .,[Name ot signer . _.: ..J'< .j ,1J(Qt 11! I (print)

State of Illinois ' ) /'Y} 1:..St.· ,/.::I ) SS.

County of ,, 4 c E C. .< )

On ~-~ 2 , 20 6_, this instrument was acknowledged before me by Casey Brown.

- __J .--' ) .~~:=- _., J ,·· / J._ .. {signature) Notary Publrc /

7

7My Commission Expires JJ~;: ~ '( _: c• c

8

FOR THE AGENCY AND HOLDER:

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Bytfltf,;(J/),it{ (signature)

[Name] ba"JJµs P ·Sodf (print)

Director Illinois Environmental Protection Agency

~~~:::.........!~'-=~-· .a:..delegale ef the~

State of Illinois ) )SS.

County of )

"•

ment was acknowledged ~fore me on t.{J~ l 1- , 20l!!l.._, by of the !rrfuois Environmental Protection

Age y, a state agency, on behalf of the State of Illinois.

~ d t-+£ (signature) Notary Public (J../ ;; My Commission Expires 72~/

r 'ff~~·++*•;tOFFICIAL SEAL i: SHERRIE A. ELZINGA i OTARY PtJBUC STATE Of IWHOISdt :V COW181lON°ElCPIRES 12·23-2011t.-:;......................

\

9

FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

On behalf of the Administrator of the United States Environmental Protection Agency

By: __.___[lu_._e__,_.K._J-__ Richard C. Karl, Director, Superfund Division L'.S. Environmental Protection Agency, Region 5

STATE OF ILLINOIS ) ) SS.

COL~TYOFCOOK )

10

Appendix A

LEGAL OESCRlPTION - 16.743 acra tract ~f land situated in the Northwest Quarter of Section 32, Township 14 South, Range 3 Wast, of the Third Principal Meridian, Alexander County, described as follows:

Beginning at the Northwest Corner of said Section 32; thence North 85 degrees 40 minutes East 2644.0 feet to a point; thence South 5 degrees 50 minutes East 1284.2 feat to a Point, which point is the point of beginning; thence South 3 degrees 29 minutes East 1053.6 feet to a point; the~e North 70 degrees 55 minutes West 830.0 feet to a point; thence North 5 degrees 4 minutes 828.0 feet West to a point: thence South 86 degrees 48 minutes East 794.6 feet to the point of beginning, situated in Alexander Cou~ty, Illinois, and all rights-of­wev and easements in connection with or pertaining thereto. · •

- ' ,Aee Book 245 Page 840

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Pigure 1-1 Site Map

16

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-·." Appendix B.. .

PECLARAIION OF COVEN· t:IS

This Covenant is made this 17th day .o.f September, 19!17, by HARRIETTE H.

McCRATE (hereina·fter collectively referred to a$ £he ·cove1::tntor").

WITNESS ETH:

WHER£A~1. this Covenant is made with respect to a 16.75 acre p.,rc~I of real propeny

located on the Missis~;µp; River near Gale, Illinois, which is legaffy described iil ~xhibit A which

is attached hereto and made a part hereof (hereinafter referred to as "Sub;ect Pro~erty"); and

WHEREAS. Covonantor is informed the Subject Property was used as a site for the

storage of petrole\Jm prCl;!•·:t~ ~r'\d subsequently fot the storage and recycling of used oil; and;

WHEREA~ • Cove. : ..-ttur is I'. if-.;· •. · ~tj the United States Environmental Protection Agency

<:EPA.) has advised Nat•onal S'i.t-•el Corporation ("Na~onal"), Shell Oil Company ("Shell"),

Metal ContEiner Corporati "'("Metal Container"), and Emerson Electric Company ("Em~rson

Eiectric"), that ti1ey are ; :1d have been "Potentially Responsible Parties" pursunnt to the

Comprehensive tnvironmental Response, Compensation and Liability Act C"CERCLA"), 42

U.S.C. § 9601 et seq.; lthe- •PRP Group•) ar.,i

WHEREA&. Covenantor is informed pursuant to Section 105 of CERCLA the Subject

Appendix B; and I"• I

WHEREA~:,- Covenantr1r is informed National. Shell, Metal Container and Emerson

Electric Co!poratio.n (the "PPP Group") have conducted a remov1I actin;. pursuant to a

Unilater&I Order ur·,der S".lci.:c.n ';•)6 of CERCLA and have conducte1i a re.medial investigation

pursuant to an !.~· . •ist.·:Jtive r::?rn ~r or1 Consent with EPA; and • SlAH or Ill INO!S ' } ' ~Im or ALHAt.:OD l SS Ht) • !I- .,_c;-/ ,.,.,

11;1;, iifSrRi;, i[Nf ~;, EO ~nn P[·;. -R. rH S ' c- !J''. - " •.IJ 0I L.¥.-0.h Of ...._,LI <.. •j -.·"' !Cea ~ rq___ J_

. -!lrr·.-:r.~~!'•A

AND RlUIRllE!1 '" . JO• •1!!2_ l"''.f J?.sk'J ---'~=''"'('~ ,v.;....,.;-.. i.-~ / ­

--~--~,_....,_..,.:.·--.....-.___ "lcLIRDER

\::1~C~~VED

~it OD'~

WHEREAS. Covmc: 1.or i~ informed it has been determined that the groundwater

. beneath the Subject Property may contain hazardous substances or petroleum; and

WHEREAS. because of the presence of said hazardous substances or petroleum, water

wells. including but not limitec.i to those used as a source of drinking water, should not be

drilled on the Subject Property; and

WHEREAS. Covenantor is willing to place covenants on the subject property restricting

the use of the subjact property:

NOW, THEREFORE, in consideration of TEN AND N0/100 DOLLARS ($10.00> paid to

each, the receipt of which is hereby acknowledged, Harriette H. Mc::Crate, .with respect to any

and all interest that may be held by her in the Subject Property. . declares that such. property

is and shall be held, sold. conveyed; transferred. mortgaged. and encumberec: ljubject to the

terms of these covenants.

Section 1 : · Land Use. The Subject Property which is legally described in Exhibit A shall

not be used, improved or maintained for any type of residential purpc·se. No t.uilding shell be

erected. altered. placed, or permitted to remain on the Subject Property, whil:h building may

be used for residential purposes. The Subject Property shall not be used. improved, or

maintained to nise crops or livestock or for any other agricultural purpose.

Section 2: Water Wells No water well shall be drilled. altered. or placed on the

Sub1ect Property. Further. the existing water well on the Subjec• Property will be closed by

- -· - -- ,... the PAP Group and prior to such closure may not. be used for drinking water C•>nsumption by

human beings or livestock.

Section 3: - Enforce .ae.nt.. Any member of the PRP Grouri. and the United States

Environmental Protection Agency shall have the right to enlorce thf:se coven. -•·;in perpetuity.

any person viol:Jting or attempting to violcit& any covenant. e.:hf.' to restrair, 'iolatito:. u tC"

R:\LEG.4L\JS8\WCL'.l!adaD11cCov.wpd 2

.•

•·.

recover damages. All costs of enforcement, including 1:-::i~atior. expenses, title reports and

attorneys' tees 1 Mall be paid by the person violating or attempt.:ng ~-· ~•olate any covenant and

' any judgment or decree shall so provide for payment o: these costs. Failure by the

Covenantor, the PRP Group or the U.S. Environmental Pr_t-tection Agency to enforce any

/

covenant herein contained shall in no event be deemed a waiver of the right to· do so

thereaher. No covenant contained in this declaration shall be deemed to be abrogated or

waived by reason of any failure to enforce same, irrespective of the number of violations or

breaches which may have occurred.

Section 4: Binding Effect. These covenants ~hall attach to and shall run with the

Subject Property and shall ba binding upon all parties .having or acquiring any rig~t. title, or

interest in the Subject Property as legally described in Exhibit A. These covenants shall be

binding upon thf< Covenantor. their heirs, representatives. successors and assigns.

Section H: Seye;abjljty. Invalidation of any one of theso covenants bY judgment or

court order shall in no v.•ay affect any other covenant which sliall remain in full forco and

effect.

Sections· Np Liability By making these covenants and by virtue of the executian of

. this instrument. Covenantor shall not be deemed to admit or acknowledge any liability or fault

whatsoever.

IN WITNESS WHEREOF, the Covenantor, Harriette H. M:::Cn"·:e, has executed this

Declaration effrtive on the day first above written. ·- ... -- ,,. .. ,

Ji~L71!.:.~-HARRIETTE H. '=•icC ..ATE

I .

:c:llfG!: \388\Wc..;..1'.lad.,Decc., ... w ·-.!

•.

STATE OF Missouri_ )

l SS CO~NTY OF New Maa:::.1 d )

On this 17th. day of September . 1997, Harrietta H. McC:rate, personally known to me to be the same person whose name is subscribed to the foregoing instrument. appeared before me this day in parson,' and acknowledged to me that she signed and delivered the _instrument as her fre~ and voluntary act. for the uses and purposes the.rein set f~th.

Subscribed and sworn to before me, a Notary Public in and for the county aforesaid, the day and year above written. ·

NotarYP\lb~~ My term e><pires: 9-24-98

PATSY S. nsllf'( Notmy Addle-Nola~ :ial

SfA'DIOPimlSOP:·.PY NewMrr'.·JdO...:.

My Cormnlajnq H·qdla: Sc L 24, 1998

- - - ,,. .. ,

R:ILEGAL'.388\WCL\lllldaDecCov.wpd

___.............-....­..........--··•"'• .

--------·-----a~·......... _...,.··;·-.,.-.-·,.•;..-.;;•..;t---.'·~·..._

·.• ···'·.•

EXHIBIT A

LEGAL DESCRIPTION •.16.743 eaa tract of lend situated in the Northwest Quarter of Section 32, Township 14 South. Range 3 Wast, of the Third Principal Meridian, Al11xander County, deacribed as follows:

Bagirring st the Northwest Comar of said Section 32; thence North 85 degrees 40 minutes East 2644.o feet to s point; lhence South 5 degrees 50 minutes East 1284.2 feet to e point. which point is the point of beginning; thence South 3 degrees 29 minutes East 1053.6 feet to 11 point; thence North 70 degrll8s 55 minutes West 830.0 feet to a point: thence North 5 degrees 4 minutes 828.0 fast W11st to 11 point; thence South 86 degrees ~8 minutes East 794.6 feat to the point of beginring, situated in Alexander County, IUinois. and all rights-of· way and easements in coiinection with or pertaining thereto. ·

~e Book 245 Pgge 840

FILED FOR RECORD DECEMBER 15, 1997 •t 11:00 •·•· Sue. Barrington, Recorder

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-· -­- Map Relenni:•:

Sand IHI_, 11y·R.T. Kaoa•' A-o., - Cape Olnnl•a11, MO., dated 1/11 /IL

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LEGEND:

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aiAL.L.OW MONITOR •u. ..AU.O• aaue& "'aaJ PftOllE LCJCATIOM (t,Tl..)

' LADA INRGY COW-/llff 9'r1

EAIT ~ GIAMDUiU. IU.....

rg SCALE IN FEET RI Rmpart

Appendix D - List M Entities to Receive Notice of Environmental Covenant

L Texas Eastern Transmission Corporation re: Easement for Roadway Purposes in Book 215. Pages 539 and 540

2. East Cape Girardeau and Clear Creek Drainage District re; Easement in Deed Record 160 pages 145 thru 148 and Easement recorded November 6. 1940