Illinois EPA refers Iowa Interstate Railroad to Attorney General for enforcement

SPRINGFIELD – Illinois Environmental Protection Agency Interim Director Lisa Bonnett has asked the Illinois Attorney General’s Office to proceed with an enforcement action and seek immediate injunctive relief against Iowa Interstate Railroad, requiring it to conduct a detailed environmental assessment and remediation of the impact on the environment from a derailment on October 7 near Tiskilwa that resulted in several railroad cars containing ethanol and corn mash catching on fire.

The incident resulted in the temporary evacuation of the entire population of the village of Tiskilwa in Bureau County after the early morning derailment.

The Illinois EPA is requesting the Attorney General seek an Interim Order from the Bureau County Circuit Court to require Iowa Interstate Railroad to conduct an expedited investigation of impacts on groundwater and the threat posed by subsurface migration toward Plow Hollow Creek and Big Bureau Creek, which ultimately flow into the Illinois River. The request also asks that the order include requirements that the railroad:

·         Retain a hydrogeologist acceptable to Illinois EPA

·         Sample soil, groundwater and surface water in accordance with an investigation plan approved  by Illinois EPA

·         Conduct sampling of nearby residential wells in coordination with the Bureau County Health Department and Illinois Department of Public Health

·         Install a network of permanent groundwater monitoring wells approved by Illinois EPA that will be “sentinels” to monitor movement of ethanol, its degradation products and other contaminants from the release through the subsurface over time toward the residential wells and the surface water of Plow Hollow Creek and Big Bureau Creek

·         Provide a report of the sampling done to Illinois EPA for review and approval

·         Propose remedial (clean-up) measures to address any residual contamination detected in the investigation of soil, groundwater and surface water for Illinois EPA review and approval

·         Provide cost reimbursement to Illinois  EPA for its review and oversight expenses connected with the incident

·         Submit a report detailing the facts regarding the cause of the derailment and potential measures that may be implemented to prevent further such releases for Illinois EPA review and approval and submit weekly status reports to Illinois EPA on the sampling and remediation progress

In addition, Illinois EPA asked the Attorney General’s Office to pursue enforcement action against Iowa Interstate Railroad for “creating and maintaining a water pollution hazard” and the Agency is awaiting analytical results from air and groundwater sampling to determine whether additional violations will be referred.