ILLINOIs ENVIRONMENTAL PROTECTION AGENCY 1021 NORTH GRAND AVENUE EAST, P.0. Box 19276, SPRINGFIELD, LINOIS 62794-9276 (217) 782-3397 BRUCE RAUNER, GOVERNOR ALEC MESSINA, DIRECTOR 217/782-9861 June 20, 2018 CERTIFIED MAIL 7013 2630 0001 4707 8643 RETURN RECEIPT REQUESTED Vistra Energy Corp. 6555 Sierra Drive Irving, TX 75039 Re: Violation Notice: Vistra Energy Corp. formerly Dynegy Midwest Generation- Vermilion IL0004057 W1838000002 Violation Notice No.: W-2018-50056 Dear Facility Owner: This constitutes a Violation Notice pursuant to Section 31(a)(1) of the Illinois Environmental Protection Act 415 ILCS and is based upon a review of available information and an investigation by representatives of the Illinois Environmental Protection Agency (?Illinois The Illinois EPA hereby provides notice of alleged violations Of environmental laws, regulations, or permits as set forth in Attachment A to this notice. Attachment A includes an explanation of the activities that the Illinois EPA believes may resolve the speci?ed alleged violations, including an estimate of a reasonable time period to complete the necessary activities. Due to the nature and seriousness Of the alleged violations, please be advised that resolution of the violations may also require the involvement of a prosecutorial authority for purposes that may include, among others, the imposition of statutory penalties. A written response, which may include a request for a meeting with representatives of the Illinois EPA, must be submitted via certi?ed mail to the Illinois EPA within 45 days of receipt of this letter. If a meeting is requested, it shall be held within 60 days Of receipt of this notice. The response must include information in rebuttal, explanation, or justi?cation of each alleged violation and a statement indicating whether or not the facility wishes to enter into a Compliance Commitment Agreement pursuant to Section 31(a) of the Act. If the facility wishes to enter into a CCA, the written response must also include proposed terms for the CCA that includes dates for achieving each commitment and may include a statement that compliance has been achieved for some or all of the alleged violations. The proposed terms Of the CCA should contain suf?cient detail and must include steps to be taken to achieve compliance and the necessary dates by which compliance will be achieved. 43-02 N. Main Rockford, 0' 103 :3153987?7760 951 - Harrison St, Do: P1031109, I. 00010 (347)294-4000 595 3. 3mm, 55934, .I. 40123 31 4I 2 3w Washington St, Suil'l 0. Peoria, IL 01402 :309-07' 4.022 2125 a ?rst 31., Dumper go, 1 020 [21 71273-5000 2309 Main em. Ins, Marion, 1 02959r610'993-7200 2009 Mall 5n, Callimvila, 62234 :30133-346-5120 00 w. Randolph, 50in. 4-500, Chicago, -I. 00001 are?: mm In 91?" Page 2 of 2 Vistra Energy Corp. formerly Dynegy Midwest Generation-Vermilion IL0004057 VN W-2018-50056 The Illinois EPA will review the proposed terms for a CCA provided by the facility and, within 30 days of receipt, will respond with either a proposed CCA or a notice that no CCA will be issued by the Illinois EPA. If the Illinois EPA sends a proposed CCA, the facility must respond in writing by, either agreeing to and signing the proposed CCA, or by notifying the Illinois EPA that the facility rejects the terms of the proposed CCA. When compliance is achieved, the owner of the facility must submit a completed statement of compliance form certifying that all Compliance Commitment Agreement measures-"events have been successfully completed. If a timely written response to this Violation Notice is not provided, it shall be considered a waiver of the opportunity to respond and meet, and the Illinois EPA may proceed with referral to a prosecutorial authority. Written communications should be directed to: Illinois EPA Division of Water Pollution Control Attn: Caleb Ruyle! P.O.BOX 19276 Spring?eld, IL 62794-9276 All communications must include reference to this Violation Notice number, Questions regarding this Violation Notice should be directed to Caleb Ruyle at 211-782-9861. Sincere Roger llaway Compliance Assurance Section Division of Water Pollution Control Bureau of Water Attachments cc: CERTIFIED MAIL 7008 1830 0004 1767 4451 Phil Morris 1500 Eastport Plaza Drive Collinsville, IL 62234 ATTACHMENT A Vistra Energy Corp. formerly Dynegy Midwest Generation-Vermilion - IL0004057 VIOLATION NOTICE NO. W-2018-50056 Questions regarding the violations identi?ed in this attachment should be referred to Caleb Ruyle at 782-9861. On May 17, 2018, the Illinois EPA conducted a stream survey of a portion of the Middle Fork Vermilion River. During the survey, it was noted that previously-installed gabions bordering the Vistra-Dynegy property had been damaged, with portions of the rocks and baskets found along the lower portion of the stream bank or completely missing. Additionally, several seeps were noted along the stream bank bordering the Vistra?Dynegy pmperty, which contained heavily stained reddish-orange discoloration. Illinois EPA personnel noted that the seeps had discharged to the River, as evidenced by stained sediment and rocks within portions of the waterway. The discharge created offensive conditions in the Middle Fork Vermilion River. Based on these ?ndings and other information available to the Illinois EPA, the discharge is in violation of the Illinois Environmental Protection Act and Illinois Pollution Control Board regulations. A review of information available to the Illinois EPA indicates the following violations of statutes, regulations, or permits. Included with each type of violation is an explanation of the activities that the Illinois EPA believes may resolve the violation including an estimated time period for resolution. Discharge of Contaminants Cease and desist ?'om discharging contaminants that cause or threaten to cause water pollution. Review operational and maintenance procedures and correct the de?ciencies which caused the violation. Compliance is expected to be pursued immediately. Violation Violation Date Description No person shall cause, threaten or allow the discharge of any contaminants into the environment in any State so as to cause or tend to cause water pollution in Illinois, either alone or in combination with matter ??om other sources, or so as to violate regulations or standards adOpted by the Pollution Control Board under this Act. Section 12(a) of the Act, 415 ILCS (2016) Deposit of Contaminants Cease and desist from depositing contaminants that cause or threaten to cause water pollution. Compliance is expected to be pursued immediately. Violation Violation Date Description Deposited contaminants on the ground in such a manner that caused or threatened to cause a water pollution hazard. Rule-"Reg; Section 12(d) of the Act, 415 ILCS (2016) Offensive Conditions Review and evaluate operational procedures in order to correct the de?ciencies which caused the violations. Discharges must not cause a violation of water quality standards. Compliance is expected to be achieved immediately. Violation Violation Date Description Waters of the State shall be free from sludge or bottom deposits, ?oating debris, visible oil, odor, plant, oil, odor, plant or algal growth, color or turbidity of other than natural origin. Ruler-Reg; Section 12(a) of the Act, 415 ILCS (2016), 35 Ill. Adm. Code 302.203