us EPA RECORDS CENTER REGION 5 1

FIVE-YEAR REVIEW REPORT FOR ILADA ENERGY CO. SUPERFUND SITE

EAST CAPE GIRARDEAU

ALEXANDER COUNTY, IL

Prepared by

U.S. Environmental Protection Agency Region 5

Chicago, IL

Richard C. Karl, Division Director Date liWIzSiii.

This Page is Intentionally Blank

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TABLE OF CONTENTS

Table of Contents v

List of Acronyms vi

Executive Summary vii

Five-Year Review Summary Form ix

1. Introduction 1

IL 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 !.... Community Notification and Involvement Document Review Data Review ! Site Inspection Interviews

IV. Technical Assessment Question A: Is the remedy functioning as intended by the decision documents? Question B: Are the exposure assumptions, toxicity data, cleanup levels, and remedial action objectives used at the time of remedy selection still valid? 8 Question C: Has any other Infonnation come to light that could call into question the protectiveness of the remedy? 9 Technical Assessment Summary 10

V. Issues/Recommendations and FoIIow-up Actions ....10

VI. Protectiveness Statement 11

VII. Next Review 15

111

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/FoIIow-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 ORB Environmental Covenant Map Figure 3 - Institutional Control Map Figure 4 - Approximate Extent of Fuel 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

CERCLA

CFR

FYR

HHRA

ICs

IL

lECA

Applicable or Relevant and Appropriate Requirement

Comprehensive Environmental Response, Compensation, and Liability Act

Code of Federal Regulations

Five-Year Review

Human Health Risk Assessment

Institutional Controls

Illinois

Illinois Environmental Covenants Act

Illinois EPA Illinois Environmental Protection Agency

ILCS Illinois Compiled Statutes

JULIE Joint Utility Locating Information for Excavators

LIS Long-Term Stewardship

LNAPL Light Non-Aqueous Phase Liquid

NCP National Contingency Plan

NPL I^ational 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

RPM Remedial Project Manager

SARA Superflirid Amendments and Reauthorization Act

SVOC Semi-Volatile Organic Chemical

TSCA Toxic Substances Control Act

UU/UE Unlimited Use/Unrestricted Exposure

UECA Uniform Environmental Covenants Act

U.S. EPA United States Environmental Protection Agency

VI

EXECUTIVE SUMMARY

This is the third Five-Year Review (FYR) for the Ilada Energy Co. Superfund Site located in East Cape Girardeau, Alexander County, Illinois (the Site). The purpose of this FYR is to review information to determine 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/commercial use'. 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 at 765 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.

' Although the PRPs conducted the Removal Action, they are not involved in long-term stewardship of the Site. vii

The PRPs are not currently involved in long-term stewardship of the Site (LIS) Ensuring LIS is essential for long-term protectiveness. The PRPs should be taking the lead responsibility to ensure the effectiveness of ICs and LTS^. 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.

The assessment of this FYR 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.

^ LTS 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. ^ PRP responsibility for LTS including maintaining and monitoring ICs is discussed in various documents including: U.S. EPA's Memo "Enforcement First" to Ensure Effective Institutional Controls at SuperfiindSites (2006), and the guidance issued by U.S. EPA: Institutional Controls: A Guide to Planning, Implementing, Maintaining, and Enforcing Institutional Controls at Contaminated Sites (20\2).

viii

Five-Year Review Summary Form

Lead agency: U.S. EPA

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

Author affdiation: U.S. EPA

Review period: 1/31/2014 - 8/29/2014

Date of site inspection: 7/7/2014

Type of review: Statutory

Review number: 3

Triggering action date: 8/31/2009

Due date (fiveyears after triggering action date): 8/31/2014

IX

Five-Year Review Summary Form (continued)

Issues/Recommendations

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

None

Issues and Recommendations Identified in the Five-Year Review:

OU(s): QUI/ Sitewide

Issue Category: Institutional Controls OU(s): QUI/ Sitewide Issue: Monitoring, maintenance, and enforcement of ICs is required.

OU(s): QUI/ Sitewide

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

Affect Current Protectiveness

Affect Future Protectiveness

Party Responsible

Oversight Party

Milestone Date

No Yes PRPs EPA/State 12/31/2015

OUl & Sitewide Protectiveness Statement(s)

Operable Unit: OUl/ Sitewide

Protectiveness Determination: 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.

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 Response, Compensation, and Liability Act (CERCLA) Section 121 and the National Contingency Plan (NCP). CERCLA 121 states:

''If the President 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 the initiation of such remedial action to assure that human health and the environment are being protected by the remedial action being implemented. In addition, if upon such review it is the judgment of the President that action is appropriate at such site in accordance with section [104] or [106], the President shall take or require such action. The President shall report to the Congress a list of[acilities for which such review is required, the results of all such reviews, and any actions taken as a result of such reviews. "

U.S. EPA interpreted this requirement further in the NCP; 40 Code of Federal Regulations (CFR) Section 300.430(f)(4)(ii), wMch states:

"If a remedial action is selected that results in hazardous substances, pollutants, or contaminants remaining at the site above levels that allow for unlimited use and unrestricted exposure, the lead agency shall review such actions no less often than every five years after the initiation of the selected remedial action.'"

The Site consists of one Operable Unit (OU) which is addressed in this FYR. The U.S. EPA has conducted the third FYR of the remedy implemented at the llada Energy Co. site (the Site) in East Cape Girardeau, Alexander Coiinty, 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 contaminants remain at the Site above levels that allow 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).

n. PROGRESS SINCE THE LAST REVIEW

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

Determination Protectiveness Statement 1/ 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 of Recommendations from the 2009 FYR

Issue Recommendation

s/ Follow-up

Actions

Party Responsibl

e

Oversigh t Party

Original Miieston e Date

Current Status

Completion Date (if

applicable)

Administrative controls for excavation restrictions need improvement; institutional controls for land and groundwater restrictions must be monitored and maintained.

A. Administrative controls; and

Illinois EPA/ U.S. EPA

U.S. EPA 6/1/2010 Completed 12/11/2009

B. Long-term stewardship

Illinois EPA/ EPA

U.S. EPA 6/1/2010 On-Going

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

The second FYR, completed in 2009, found the remedy was protective of human health and the environment. That FYR recommended the updating of the ICs and administrative controls and monitoring and maintenance of the ICs. In order to improve the ICs 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 12/11/09. Creation of a LTS plan is underway.

Remedy Implementation Activities

The ROD required no further remedial action except review and monitoring of ICs. 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-term 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 ICs to prevent unacceptable exposures from hazardous substances over a long period of time, a review of the ICs 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 property''. The current COC levels in soil are not protective of residential 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 ICs 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 ICs and administrative controls restricting excavation and construction on the property unless conducted pursuant to approved work plans.

Status of ICs and Follow-up Actions:

Declaration of Covenants:

On September 17, 1997, Harriette McCrate 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:

'' 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 of exposure 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.

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.

t

Review of IC Effectiveness

The Declaration of Covenants states that the covenants run with the land and are binding on 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 enforcement 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 ICs. 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 EPA 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 of the 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 binding 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

F'-

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 fi-om the Declaration of Covenants and included the map of the subsurface pocket of aviation gasoline (see Attachment 4) identified in the Remedial Investigation (RI).

1"-

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 ICs

Media, engineered

controls, and areas that do not support

UU/UE based on current conditions

llada Property -current levels of COCs in soil only support industrial, commercial or recreational use - see map in Figures 2 &3. Subsurface pocket of aviation gasoline remaining on the property - see map in Figure 4

ICs Needed

Yes

Yes

ICs Called for in the Decision

Documents

Yes

Yes

IC Objective

Prohibiting the installation of groundwater wells for the purpose of producing potable water, and; prohibiting the use, improvement or maintenance for any type of residential purpose.

Approved work plans prior to excavation and construction on the property

Title of IC Instrument Implemented and Date (or

planned)

EC pursuant to Illinois UECA, signed 4/17/2009; recorded 12/10/2010 at the Recorder's Office, Alexander County, IL

EC pursuant to Illinois UECA, signed 4/17/2009; recorded 12/10/2010 at the Recorder's Office, Alexander County, IL

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 LTS plan will be prepared.

Long-terin 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 ICs. Illinois EPA explored registering the Site with the State of Illinois' "one call" Program knovm 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 LTS plan along with other improvements, if necessary. As mentioned above, a LTS Plan will be prepared and will formalize the LTS 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 LTS. 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.

Current and reasonably anticipated future land use: The Site is cuijently 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. 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 current ovmer 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 ICs.

III. FIVE-YEAR REVIEW PROCESS

Administrative Components

The third FYR for the Ilada 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 in 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 interviews were completed as part of this review.

IV. TECHNICAL ASSESSMENT

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

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 md 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 plans 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 ovvners that certain contamination remains on the. property, including a localized subsurface pocket of light non-aqueous phase liquid composed of aviation gasoline at the Site. U.S. EPA notified the ovraers 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 forinalize 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 inspections, it was confirmed that no Site uses were occurring that would be considered inconsistent with the ICs and administrative controls.

Question B: Are the exposure assumptionsj 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, and 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 assumptions 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 cleaned up to commercial/industrial standards. The ROD noted that an earlier removal action had mitigated the environmental risks to a degree

8

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 10"^ to 2 X 10"^ for a trespasser; b) 2 x 10"^ to 4 X 10"^ for an on-site resident scenario; and c) 4 x 10"^ to 1 X 10"^ 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'^. Thus, the current COC levels in soil are not protective of residential use, but are expected to support the 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 relied on ICs 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.

Question 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

According to the ICs reviewed arid 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 affect the 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 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. A LTS 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.

V. ISSUES/RECOMMENDATIONS AND FOLLOW-UP ACTIONS

Table 4: Issues and Recommendations/Follow-up Actions

ou# Issue Recommendations/ Follow-up Actions

Party Responsible

Oversight Agency

Milestone Date

Affects Protectiveness (Y/N) Recommendations/

Follow-up Actions Party

Responsible Oversight

Agency Milestone

Date Current Future

1 Monitoring, maintenance, and enforcertient of ICs is required.

Prepare and implement a LTS Plan.

PRPs U.S. EPA/Illinois EPA

12/31/2015 No Yes

VI. PROTECTIVENESS STATEMENT

OUl «& Sitewidc Protcctiveiicss Statcmciit(s)

\

Operable Unit:. GUI/ Sitewide

Protectiveness Determination: 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 heaith.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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VII. NEXT REVIEW

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

11

APPENDIX A - EXISTING SITE INFORMATION

A. SITE CHRONOLOGY

Table 5: Site Chronology Event Date

Initial discovery of problem or contamination 1982 Removal Consent Decree and Order Signed 01/18/1983 Ilada Energy proposed to NFL 06/24/1988 Unilateral Order to begin Removal Action 2/08/1989 Final NFL listing 10/04/1989 Major 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 NFL Deletion 11/9/2000 1st FYR completed 9/30/2004 2nd PYR completed 8/31/2009 Site-Wide Ready for Anticipated Use Achieved 9/23/09

B. BACKGROUND

The Site encompasses approximately 17 acres in southem Illinois, south of the town of East 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 tmderground 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.

Land and Resource Use

The Site was a chemical and oil storage/transfer/recycling facility under various owners until 1983 when Ilada Energy Company entered into 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 and used for silvaculture.

( History of Contamination

The Site originally consisted 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 foel 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 1981, it was assigned to Larry Wilson of the Ilada Energy Company (Ilada). From 1981 to 1983, Ilada 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 Ilada operated the facility. The inspection report documents the improper storage, handling, mixing, 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 unloadii^ areas. Information about materials management prior to llada's ownership of the 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 Other 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 of PCBs, 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 Priorities List (NPL) pursuant to Section 105 of CERCLA on June 24, 1988. The listing of the Site on the NPL was finalized on October 4, 1989.

In 1989, after Ilada 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 Ilada 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 of 442,164 gallons of oil and sludge were bumed 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 recycled. 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 (VDCs), PCBs, and heavy metals including lead, arsenic, 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, abovegroimd and buried pipelines (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 Rl, conducted between 1990 and 1997, yielded 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 of VOCs and Semi-Volatile Organic Compounds (SVOCs); and

• A localized subsurface pocket of light 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 of this pocket measures approximately 50 by 75 feet, and it is entirely contained on the Site.

The Human Health Risk Assessment (HHRA) was developed using a commercial/industrial as a future land-use scenario. Incidental ingestion, inhalation of VOCs, and inhalation of particulates were included as pathways. Under this land-use scenario, the Site poses an acceptable risk (2.2 X 10'^ risk) to commercial/industrial workers, construction workers, and trespassers. Institutional controls (IC) that

restricted Site uses were in 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 no 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 the September 27, 1999 ROD was "No Further Action". This remedy requires maintenance of ICs to prevent imacceptable 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.

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

APPENDIX B - FIGURES

Site Location

Superfund U.S. Environmental Protection Agency

nada Energy Alexander County, IL

EPA ID# ILD980996789

Produced tqr #flgebnB»s4 JLly20.20(B Image Dale; 2007

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Figure 1-1 Site Map

16

lAT; 37* 15" 30"'

USGS 7 km SEofCapeCiiardeau, Missouri, United Slates. 06 April I99S

LONG: SG-W 28' ir LONG: 89-W 27' 44" LONG; 89*W 27' 12*

uses McCIure Quadrangle, 01

1.000 Figure 2 - GRB Environmental Covenant Map

Miiii

Institutional Control (10) Review Areas Depicting Required and Implemented institutional Controls

llada Energy Alexander County, IL

Superfund U.S. Environmental Protection Agency \9 A ;^i

ILD980996789

Legend site Boundary

. . I Land and Groundwater Restrictions - Required 10 Figure 3 -6niun<»«ater wefi mstallatlan pfaMHed -AesUtnUal land use praxiblted

Declaration of Covenants - Implemented 10 -Agrtcudturai and retMenUal iand use praMMM •GRwndsatef wed melanailon pfonMeo

Cmled by Angels Rozindti U.S. EPA Recden a on ora 7/2009

Discssimer: Plessa be advised dial areas depided In the map have baen estlmaMd. Tha map does not emote any ngMs anforceebls by any parly, EPA may redna nr rdsmge IWi data and map « any lima

r

APPENDIX C - NEWSPAPER AD FOR PUBLIC INVOLVEMENT

SOUTHE.VSTMRSOURI.^N ;; REGION/STATE T«N«d«i; April». 2014 la

todayis DEAL Despite storms, Cape rainfall total near normal MORE SHOWERS are forecast for today, but riot as severe as recent rainfall

in a small area atxntt a mile nmHi of ttte Cape Gi­rardeau Regknal Airpmi ^ MOD^ aftemooD. the

Missouri Department of Transpcrtation's online trav-derlnformatioQ map showed flood-related road dosures rmnained in eflhct aa Route K in Stoddard Count); routes HandPPlnBdUngerCounfy and routes A and RA in Cape Girardeau County

I^nsn said while flooding was an issue for creeks and smaller rivers, the Missi^p^ pi and "

notwi Gl^ ranleau's rainM totals are Just subtly ̂ xwe normal this mmth. a faydrologist said.

Mary iJtnm a gist at the National Service in Paducah. Ky, said Cape Girardeau received mcee than 3 inches of rain in a 24-hour period.

"I know that as of 7 o'dodi

and a quarter inches," Lamm said Monday afternoon.

Other parts <f Southeast Missouri saw heavier rain, with cme spotter reporting 8 indies in New Madrid Coun­

ty Ma, she S«ver« aid. wMthsr American

weekend lomadoes, Pa9e»A

in Ulboum, Ma. Camp­bell. Mo., and Maktea Ma.

to bc^ victiins of wedcend flfvirttng, the wganizatkm's Southeast Missouri di^ito-reported Mcmday

A Ited Cross shelter had cqioied at the New Madrid Community Center for victims evacuated fitmi the Lilhouni area, a news tdeese stated, and the chapter was monitcr-ing the weattier Mmday in case additioal flwuting oe. ated new needs in the regkxL

A flash flood watd) re­mained in efidd until 7 pm. Mond^ fte- much of South­east Missouri and Southern T11ln/^t« itw4iiiling Rnllingor Cape Girardeau, Perry Scott ntwi Stoddard counties in Missouri and Alexander and Unkn counties in Illinois.

Eimgency managers in Bdlinger and Stoddard counties repceted water ova-roads Sunday ni^t and one person iKcame trapped in a car <m Route W Just north­west of Pc^ Bluff. Ma

Meanvriiik, in Cape Gi­rardeau County an emergen-c>' manage- told the Natkmal VKtaather Service a stram had

well below flood stage. At 7 am. Monday Ox

National Weatha- Service website reported the Missis­sippi was at 24.6 feet at Cape Girardeau — an increase of 1.4 feet over the previfom 24 hours, but stiU 7.4 feet be­low flood stage - while the Ohio had reached 24.9 feet at Caira QL, iq> ei^t-tentbs of a foot but more than 15 feet below flood stage

'I don't think we're going to get anywhere near flooding," Lamm said.-... It wcMld take a couple ol these events to push it up and create mincx-to mocierate flooding."

De^ite the heavy rains over the wedcend. Cape Gi­rardeau's April rainfen to­tal is cnly ^xut a half-incfa above oormaL Lamm said.

Forecastm were looking at the po^iilty cf mrae showers today "but certainly not he heavy rainfeU we got yesterday" she said.

"Afte-t^ we're In afeiilydryweek."^s

The National Weather Ser­vice was calling tor r^ional highs in he 706 today al-tbou^ Lamm said dou4y skies could suppress temper­atures in some areas.

"Obviously we've got some places wih doud cov­er and rainfall that aren't going to make it out of the 60s," she said.

Forecasttes expect hi^ in the low 60s for the rest of the week, wih tures warming to he i uppte- 606 by- he weekmd.

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KC., St Louis mayors oppose gun bill JEm:RSC»4 CmC Ma -Ibe mayors of Missouri's

prosecutor warned lawmak­ers Motday that le^slatkm aOtanpting to nulli& stsne federal^ taws wouldhinda-flffiirls to ticb urtsn crime.

Kansas City Mayor Sly James and St. Louis Majw

Callahan cautkmed that the proposal vnukl lae-vent federal law eufaceiiient i^ggies firxn woridng wih local cfficials to conhat ^Dg and other gun violence.

Ihe l^islatiim would de-dare "null and void" past present and fiituie federal laws deemed to be infringe mmns on the gun ri^ cf lawoUding dtirBis. The

House and Senateeach passed a different vision of the bill this yean but the diamhers need to agree on an identical measure before lawmakers ac^oum in mid-May

"Itddeswihaiminalsover federal authorities wbo IB rid our neighborixwds of violent crimiDals, fprtpg o-dnjg(telers."^aud.

Slay cited a Joint tqiera-tk» last year wih the US. Bureau of AkxhoL Ibbacco. Firearms and Eiqikisives that cdlected 267 guns from criminals. He said that ehrrt would no kx^ be allowed ifthebillbeccxneslaw

But the bill's ^xmsor said it would "absolutely not" hurt the ability cf state and federal authorities to coop­erate cm investigaboas.

"It has not and has never been my goal to prevent in­ter-agency cooperatkxt" said Doug Fundertxirk. R-St Petars. "1 just want to

make sure Missouri citizens' ri«d

Callahan, w1x> prosecutes fedoal crimes in Missouri's rastern district, said the state has the ability to IKX partichate in Joint c^iera-tioos. But be said those de­cisions are probaUy better made at a local level instead of an overall state policy

Funderturk said he bUl wxjJd only pg""'™ federal oacials «dK>"knowin^y" en-fixtsa law that infringes on Seccxid Amendment rl^ts and is uncoostitutianaL

The roost recmt draft, pending on the Senate cal­endar. would punish those agoits wih possible civil damages stemming fbom lawsuiu filed by- Mlssou rians vrim think their gun ri^ were infringed. It would also bar those agents lex- working in state or kxal lawenlbrceinent

James daimed the bill

sequences and said lawsuits could stem frtxn a fbderal law that bans firearm ac­cess to people convicted in domestic violence cases. He said thoee pecg^ could sue federal agcms for confiscte-ing their guns because no such prohibitiim exists un­der state law

But Fundnburk said that scenario wouldn't a^jly un­der the bill because courts have fbund that federal law to be consUtutknaL He add­ed that a "loser pays" provi-sion cf the measure would prevent frivolous lawsuits by requiring the losing par­ty to pay court costs.

lite ixU would also lower he minimum age required to get a ccmcealed-weapcxis per mit to 19 from 21 aid allow those permit bcfders to carry a firearm openly even in mu-nkipaUties wih (xdinanceB prohibiting open cany

Almost 1,400 students to graduate from Southeast A total of 1.348 students

T 09^ undergraduate and 256 master's and specialist studaits — will receive de-

DE Muriel Howard, presi­dent cf the American As­sociation of State Colleges and Universities, will de-

State University's spring

at 2 piin. May 17 at the Show Me Cmter. according to a

Twenty-seven undergrad-tute students wih perfect 4.0 grade-point averages will he boDcxed at ccmmence-

An hcxurs < wih an address frtan Dr.

Ln^ will be at 10-.30 am at the Show Me Cent«: to bcntor 422 undergradu­ates. Lilly is a professor in the Department cf Biology at Southeast and the 2013 recipieat of the University's nUDE Award

The Southeast Mis­souri Symphony Orches­tra. directed by professor (f music Sara Edgerton, will perform during the ceremony. Riley Camp cf Bonne Ibrre, Mo., will sing he "Star Spangled Ban­ner." and Joseph Moore of Cape Girardeau will sing the alma matec

Gasoline prices Inch up in Cape ScxmcAST MSSCXSBAN

Avera^ retail gasoline prices in MisscHiri have risen 1.8 cents per gallon in the past webk, averag ing 83.46 pa- gallon Mon­day according to gasoline website GasBuddy's daily survey of 3.940 gas outlets in Missouri.

i^th refinery mainte­nance wrapping up. prices should decline around Me­morial Day or the begin-ning cf June, said E^trkk DeHaan, senior

licago. in lease.

But, as wih everything, there are "some asterisks" if refinery proUems occur.

The national avo-^e rose 25 cents pc- gallon in the past week to 83.65 a gal­lon. Gas prices around the Cape Girardeau area range from 83.30 to 83.55, he Gas-

Buddy- website shows. Locations wih higher

{mces are Ukdy on he in­terstate. and goii^ inland a bit will net motorists a lower frid bill DeHaan said in the release.

Ccanpared to other ar­eas cf he state. Cape Gi­rardeau prices are "all ova-he map," partly because cf its ixoximity to other states, DeHaan said, al-hou^ there are many £K-tors that go into gas prices.

Including the ctmngp in gas prices in Missouri dur­ing he past week, prices Sunday were 9.1 cents pa-gallon higba thnn the same day one year ago and are 6.7 cents per gal­lon bi^er than a monh ago. he release sakL The natkmal average has in­creased 12.9 cents pa gal­lon during the last monh and stands 16.5 ccmts per gaUon higher than his day one year aga

R€DHAmS!

UPCOMING EVENTS

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EPA Begins Review of llada Superfund Site

East Cape Girardeau. Illinois U.S. Environmental Protection Agency is reviewing the llada Superfund site located in East Cape Girardeau. Alexander County, Illinois to ensure the deanup continues to protect peopie and the environment. The Superfund law requires reviews at least every five years at sites where the cHeanup is complete bul waste remains managed on-site. This is the third five-year review for this site.

EPA, in consultation with Itlinois EPA. will evaluate site documents, results of periodic inspections, and review of the institutional controls which are necessary to restrict land and groundwata use at the Site. Should we find any areas of potential concern, we will ensure that the prodems are addressed.

More informatiori on the Bada Superfund site can be found at the Cape Girardeau Public Library, 711 N. Clark Pd. EPA wBI issue a report on the five year review by August 31, 2014.

The five year review is an opportunity for you to tefl EPA ̂ yout site conditions and any ccmcems you have. ContacC

Sheri Bianchin Remedial Project Manager 312-886-474S Bianchln.sheriOepa.gov

Janet Pope Community Involvement Coordinates' 312-353-0628 pope.janeiOepa.gov .

You may also cai EPA toll-free, 800-621-8431, weekdays 6 a.m. to 4:30 p.m.

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Post-Gome Concert Presented by SAC Natalie Stoval and Ttie Drive

SOFTBALL vs. Murray State

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May 3 at 1 p.m./3 p.m.

May 4 at 1 p.m.

CoSoutheast.com Pec#iawks Bosebol S, Softtxafl Gomes ore FREEI

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

f-, 1^: ,, ̂ '7. -. •.-? -^•- 7.i* 'igr-. '.^ .F" y*-\ - 'V. '-v. i-^.-•'

: O-JL^W- '«*U::-

APPENDIX E- 2009 IMPLEMENTED AND RECORDED ENVIRONMENTAL COVENANT

STATE OF ILLINOIS } SS n , r^n COUNTY OF ALEXANDER } NO 07'//^'V THIS INSTRUMENT FILED FOR RECCR5 THIS M^v DAYOFJX£_L_A.D.201LZ_ AT 11:^0 O'CLOCK V- AM PM_ AND RECORDED IN BOOK *3 7^ PAGE

351S73

^^^iECORDCR iiaiijiLMOijaifiajWHiiir PR3SRSU FilSO SIf BCMME

[space above reserved for recording information]

This instrument was prepared by:

Kim Geving, Attorney Illinois Environmental Protection Agency 1021 N. Grand Avenue East P.O. Box 19276 Springfield, IL 62794-9276

Please return this instrument to:

Kim Geving, Attorney Illinois Environmental Protection Agency 1021 N. Grand Avenue East ^ P.O. Box 19276 Springfield, IL 62794-9276

ENVIRONMENTAL COVENANT

1. This Environmental Covenant is made this day of /[jc £>, 20tr9. 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, at 765 ILCS Ch. 122 (UECA) for the purpose of subjecting the Property to the activity and use limitations herein.

2. Property and Grantors.

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

B. Grantors. Rodney Brown and C^ey 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 2(2) of UECA. The Agencies have approved the environmental 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 Ilada Energy Superfund Site ("Site"), which the U.S. EPA, pursuant to Section 105 of the Comprehensive Environmental 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 a remedial 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 Semi-Volatile Organic Compounds. In addition a localized subsurface pocket of Light Non-Aqueous Phase Liquids (LNAPLs) associated with aviation fuel remains in the area shovvn in Appendix C. The ROD relies on compliance with a Declaration of Covenant dated September 17, 1997 by Harriette H. McCrate, recorded on December 15, 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, 7''' 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 the Site.

6. Grant of Covenapt. Covenant Runs With The Land. Grantors create this Environmental 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 ail present and subsequent owners, 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:

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 Illinois EPA.

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

8. Right 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 in the ROD, including but not limited to those actions generally described herein;

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

C. Verifying that no action is being taken on the Property in violation of the terms of this instrument or of any federal or state environmental laws 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 Grantors: 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.

10. 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.

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 COVENANT EXECUTED UNDER THE UNIFORM ENVIRONMENTAL COVENANTS 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. TTie 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 equitable relief for any violation of any 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 Paragraph 9. Such an action may be brought individually or jointly by:

i. the Illinois Environmental Protection Agency; and

ii. 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. Nothing in this Environmental 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 Illinois EPA. Enforcement of the terms of this instrument shall be at the discretion of the Holders, the U.S. EPA and Illinois EPA and any forbearance, delay or omission to exercise its rights 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 term, 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.

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 violation 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 fee title, or other right, title or interest, to another person.

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, abandoiunent, waiver, lack of enforcement, or acquiescence, or similar doctrine as set forth in Section 9 of UECA.

I

14. Renresentations 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 restrictive covenant to all holders of record of the encumbrances including those entities noted on Appendix D.

15. .\mendment or Terminarion. This enviroiunental covenant may be amended or terminated by consent only if the amendment or termination is signed by; a) the Illinois Environmental Protection Agency; b) the U.S. Environmental Protection Agency and c) current owner oflhe fee simple of the Property, unless waived by the Agencies. Grantors specifically waive the right to consent to an amendment or termination of the Environmental Covenant if Grantors convey the fee title of the Property to another person.

16. Notices: 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 tlrst class mail, postage prepaid, addressed as follows:

To Grantors:

Rodney and Casey Brown 37728 Grape Vine Trail McClure, Illinois 62957

To Agencies:

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

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

17. 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 of Titles of Alexander County after it is signed by all of the parties.

B. Termination, Amendment or Modification. Within 30 days after Illinois EPA Eind U.S. EPA (whichever is later) sign and deliver to owner any termination, amendment or modification of this Environmental 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. Providing 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;

iii. 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 officer of each 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:

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.

i.

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

purpose of ihis instrument and the policy and purpose of CERCLA. If any 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, in Book 307 Page 840 Alexander County Recorders Office, Illinois

Appendix C - Map of subsurface pool of LNAPL

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

IN WITNESS WHEREOF, THIS INSTRUMENT HAS BEEN EXECUTED ON THE DATES (NDfCATED BELOW:

FOR THE GRANTOR RODNEV BROWN

By_

[Name of signer]

, (signature)

_ (print)

State of Illinois )

County of G, )

On c. Brown.

y(signature) NotaryPubi?c ( / My Commission Expires Ze. O

FOR THE GRANTOR CASEy BROWN

By \ /; /V,';

20 <2^, this instrument was acknowledged before me by Rodney

[Name of signer] (

Koetiwm nsffifflc

H^Cnniiiion Evktc towwlMfanMwtilwr.

. (signature)

_ (print)

State of Illinois ) )ss

County of cT.,? )

On C ^

Brown. 20 this instrument was acknowledged before me by Casey

... . >• >. (signature) Notary Public j My Commission Expires Di- " Z '< Jc c

nc{3t€rjMm NotzfyPuefie-NoaiyBMi

attofMnoM lasaaagaaa <:oini»iioiilt<^064gnra

FOR THE AGENCY AND HOLDER:

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

(signature)

rNamel P S't df (print)

Director Illinois Environmental Protection Agency

State of Illinois ) )SS.

County of )

^ This insyaiment was acknowledge^ be.fore me on /Inx^rrUc^ lif- , 20 , by fy^y^Us p. . a^ologato of of the Illmois Environmental Protection Agedfcy, a state agency, on behalf of the State of Illinois.

(signature) Notary Public ^ \%f / My Commission Expires /2^/ //

SHERaEtlSlNGA SSwWWC^CTATEOFIUJHOIS:

FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

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

(2^ g f/c/ By: Richard C. Karl, Director, Superfiind Division U.S. Environmental Protection Agency, Region 5

STATE OF ILLINOIS ) )SS.

COLFNTY OF COOK )

The foregoing instrument was acknowledged before me this I Cr» day of ', 20^^^, by Richard C. Karl, Director, Superfund Division, Region 5 of the United

Jtates Environmental Protection Agency.

Notary Public

^ 07124120^^ \ % i iMiMit mnci I

10

Appendix A

LEGAL DESCRIFH'ION -16.743 acre tract of land situated in the Northwest Quarter of Section 32, Township 14 South, Rarrga 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 feet to a point, which point is the point of beginning; thence South 3 degrees 29 minutes East 1053.6 feet to a point; thence 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 Cdurity, Illinois, and all rights-of-way and easements in connection with or pertaining tfrereto.

See Book 245 Page 840

' .^r>\'.-.;- V 't •

Figure 1-1 Site Map

16

TT

Appendix B

PgCLARAXIOM OF COVEN ITS

This Covenant is made this 17th day of September, 195>7, by HARRIETTE H.

McCRATE (hereinafter cnliectively referred to as the "Covei.inter").

WITNESSETH:

WHEREAS, tfiis Covenant is made with respect to a 16.75 acre parcel of real property

located on the Missis£i;>pi River near Gale, Illinois, which is legally described in Exhibit A which

is attached hereto and made a part hereof (hereinafter referred to as 'Subject Property"); and

WHEREAS, Covenantor is informed the Subject Property was used as a site for tfie

storage of petroleum prcrv'-.tr and subsequently for the storage and recycling of used oil; and;

WHEREA&, Cove. is the United States Environinental Protection Agency

("EPA") has advised Natmnal Sinel Corporation ("National"), Shell Oil Company ("Shell"),

Metal Container Corporati ("Metal Container"), and Emerson Electric Company ("Emerson

Eiectric"), that they are ; :id have been "Potentially Responsible Parties" pursuant to the

Comprehensive 1 Environmental Response, Compensation and Liability Act ("CERCL.A"), 42

U.S.C. i 9601 at sag.: Ithe "PRP Group") ar..'

WHEREAS, Covenantor is informed pursuant to Section 105 of CERCLA the Subject

Property has been listed on tlw ^!!t:;;riei Pridritit: ^ p ("KE: f (oro . at 40 C.F.R. § 300,

Appendix B; and

WHEREAS, Covenantor is informed National, Shell, Metal Container and Emerson

Electric Corporation (the "PPP Group") have conducted a removal actioi. pursuant to a

Unilatersl Order ur.der ''.>6 of CERCLA and have conducted a remedial investigation

pursuant to an Ac . vstrative Ora-:r on Consent with EPA; and ' sr/iri orpuiNois COUNTC or ALfrAHOER "

R:Lt«A-. -P.^,• - • MORimut,,, . i-.f ^4^3

,2

Iltu-JROEB

WHEREAS. Covfne lOr 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 limited 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 subject property;

NOW, THEREFORE, in consideration of TEN AND NO/100 DOLLARS (OlO.OOj paid to

each, the receipt of which is hereby acknowledged, Harrietts H. McCrate, 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 encumbered subject 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 purpose. No building shall be

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

be used for residential purposes. The Subject Property shall nut be used, improved, or

maintained to rt ise crops or livestock or for any other agricultural purpose.

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

Subiect Property. Further, the existing water well on the Subjec< Property will be closed by

the PRP Group and prior to such closure may not be used for drinking water consumption by

human beings or livestock.

Section 3: Enforce nent. Any member of the PRP Croufj. and the United States

Environmental Protection Agency shall have the right to eniorce thtse coven. in perpetuity.

Enforcement of thpc; rovenantc -he!! ti by L-r.. M.UCCOOII.J oi iaw O: i.) aquily og; inst

any person violating or attempting to violate any covenant, e.rhfc- to restrain \iolatioii u to

R:\LEGAL;388\WCLT.a<laOacCav.wpd 2

recover damages. All costs of enforcement, including Kligatior. expenses, title reports and

attorneys' tees ' hall be paid by the person violating or attempting t- olate any covenant and

any judgment or decree shall so provide for payment of these costs. Failure by the

Covenantor, the PHP Group or the U.S. Environmental Prttection Agency to enforce any

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

thereafter. 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 shall attach to end shall run with the

Subject Property and shall be binding upon all parties having or acquiring any right, title, or

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

binding upon the Covenantor, their heirs, representatives, successors and assigns.

Section H: Severability. Invalidation of any one of these covenants by judgment or

court order shall in no way affect any other covenant which shall remain in full force and

effect.

SflCtion 6: No Liability. By making these covenants and by virtue of the execution of

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

whatsoever.

IN WITNESS WHEREOF, the Covenantor, Harriette H. ^/icCre.-e, has executed this

Declaration effective on the day first above written.

HARRIETTE H. ' icC.JKTE

i:\LEG.'. \3S8\Wl,L\riadiiOscCov.w J

STATE OF Missouri

COUNTY OF New Madrid

> > SS )

On this I7th.dav of September 1997, Harnatta H. McCrata, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged to me that she signed and delivered the instrument as her free and voluntary act, for the uses and purposes therein set forth.

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

J Notary PubHc

My term expires: 9-24-98

PATSY S-TlSH^i NotByFoUfc-NolB; had

STAlBOPiUfiSOI.'P' NewMK'\UGDiL,v

My CommlSBoaH qriia: Sc 4.24.1998

R;\LEaAL<.388\WCUHa<la0«cCov.wpd

ammmm-mrn-mt

'-.•w

EXHIBIT A

LEGAL DESCRIPTION -16.743 acre ttact of land situated in the Nontiwest Quarter of Section 32, Townsfilp 14 Soutft. Range 3 West, of ttra Tliird Principel Meridian, Alexander County, deacritied aa fonows:

Baginning at tlie Nortfiwest Comar of said Section 32; ttwnce Nortfi 85 degrees 40 minutes East 2644.0 feet to a point; itianca South 5 degreas 50 minutes East 1254.2 feet to a point, which point is ttie point of beginning; tfwnce South 3 degrees 29 minutes East 1053.6 feet to a point; thence 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; ttiance South 86 degrees 48 minutes East 794.6 feet to the point of beginning, situated in Alexander County, lUinois, and all rights-of-way and easements in coimection with or pertaining tlierato.

.See Boot 245 Paxe 840

- *./v" ; •

mi ItSi/kiV

sfet FILED FOE RECORD DECEMBER 15, 1997 at 11:00 a,B, Sue Harrington. Recorder

5l O 3O-7

Map Rartranea: Baaad an n^aay by R.T. Kogga » Aaiao^

'Capa Olrardaau, MO., datad 9/11/10.

i t I I i I ) t 1 I I I i > ! 1 i

LEGEND; • WALLOW MONITOR WtLL

• WALLOW aoMNe (•/«) • PRoae LOCAHONS (•,r/t«)

E3 AREA OF ELEVATED PID REAOINQS

Q AREA OF NAPL DETECTION

/ / Sym OMorlptlan

REVISIONS

Appendix D - List drp-ntilies to Receive Notice of EnvironiTiental Covenant

1. 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

'.I