RECE~VED
CLERK’S
OFFICE
MAR
12
2004
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
STATE OF ILLINOIS
Pollution Control Board
In the matter of
)
)
ELSTON/WEBSTER,
LP AND
)
RENAISSANCE REALTY GROUP LLC,
)
Petitioners,
)
v.
)
PCBNo.
i—’
)
(High Priority Corrective Action
ILLINOIS ENVIRONMENTAL
)
Plan and Modeling Report)
PROTECTION AGENCY,
)
Respondent.
)
)
NOTICE OF FILING
Please take notice that by mailing on
March
10, 2004,
I
filed with the Clerk ofthe Illinois
Pollution Control Board the attached Entry of Appearance in the captioned proceeding, a copy of
which is herewith served upon you.
Norman V. Chimenti
Norman V. Chimenti,
Esq.
Martin, Craig, Chester &
Sonnenschein
2215 York Road,
Suite
550
Oak Brook, Illinois 60523
(630) 472-3408
Printed
on
recycled
paper
cED
MAR
122004
BEFORE THE ILLINOIS
POLLUTION CONTROL
BOARD
ESTATE
OF ILLINOIS
Ollutto~
Control ~oard
In the matter of
)
)
ELSTON/WEBSTER, LP AND
)
RENAISSANCE REALTY GROUP LLC,
)
Petitioners,
)
v.
)
PCBNo.
______
)
(High Priority Corrective Action
ILLINOIS ENVIRONMENTAL
)
Plan and Modeling Report)
PROTECTION AGENCY,
)
Respondent.
)
)
ENTRY OF APPEARANCE
I hereby file my appearance in this proceeding on behalfof Petitioners, ElstonlWebster, LP
and Renaissance Realty Group LLC.
Norman V. Chimenti
Norman V. Chimenti, Esq.
Martin, Craig, Chester & Sonnenschein
2215 York Road,
Suite 550
Oak Brook, Illinois 60523
(630) 472-3408
Printed
on
recycled paper
PROOF OF SERVICE
I, Norman V. Chimenti, being first duly sworn on oath, depose and
state that on March
10,
2004,
1 served the attached Notice ofFiling and Entry ofAppearance upon the following person via
certified
mail,
return
receipt
requested, by depositing
same
in
the United
States
mail,
properly
addressed with postage prepaid, at 2215
York Road, Suite
550, Oak Brook,
Illinois 60523:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite
11-500
Chicago, Illinois 60601
John J. Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021
North Grand Avenue East
Springfield, Illinois 62794-9276
Norman V. Chimenti
Subscribed and sworn to before me
this
J~
day ofMarch, 2004.
Notary Public
LOIS
IIMLONE
~
RECE~VED
CLERK’S OFFICE
MAR
12
2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDp~’~~
~
In the matter of
)
)
ELSTON/WEBSTER, LP AND
RENAISSANCE REALTY GROUP LLC,
)
Petitioners,
)
v.
)
PCB No.
~
)
(High Priority
Corrective Action
ILLINOIS ENVIRONMENTAL
)
Plan and Modeling Report)
PROTECTION AGENCY,
)
Respondent.
)
)
NOTICE OF FILING
Please take notice
that by mailing on March
10,
2004,
I filed with the Clerk of the Illinois
Pollution Control Board the attached Petition for Review of High Priority Corrective Action Plan
and Modeling Report Final Determination in the captioned proceeding, a copy of which is herewith
served upon you.
Norman V. Chimenti
Norman V. Chimenti,
Esq.
Martin, Craig, Chester &
Sonnenschein
2215 York Road,
Suite
550
Oak Brook, Illinois 60523
(630) 472-3408
Printed
on
recycled paper
RECE~VED
CLERK’S OFFICE
MAR
122004
STATE
OF
ILLINOIS
BEFORE THE
ILLINOIS
POLLUTION CONTROL
BOARlWolIution Control Board
ELSTON/WEBSTER, LP AND
)
RENAISSANCE REALTY GROUP LLC,
)
Petitioners,
)
v.
)
PCBNo.
______
)
(High Priority Corrective Action
ILLINOIS ENVIRONMENTAL
)
Plan and Modeling Report)
PROTECTION AGENCY,
)
Respondent.
)
)
PETITION FOR REVIEW OF
HIGH PRIORITY CORRECTIVE ACTION
PLAN AND MODELING REPORT FINAL DETERMINATION
NOW COMES the Petitioners, ElstonlWebster, LP and Renaissance Realty
Group LLC, by
and through their attorney, Norman V. Chimenti, appealing from
a final determination by the Illinois
Environmental Protection Agency (the
“Agency”) on Petitioners’
High Priority Corrective Action
Plan and Modeling Report submitted to the Agency.
In support, Petitioners state as follows:
1.
This
Petition is timely filed pursuant to
Section 57.7(c)(4)(D) and
Section 40
of the
Illinois Environmental Protection Act (the “Act”).
2.
The site involved in this
Petition is located at 2211
North Elston Avenue,
Chicago in
Cook County,
Illinois.
Underground storage tanks
(the “Tanks”) were
removed from,
and
early
action
was taken at the site by
Petitioners.
A release from the tanks was reported to IEMA.
The
applicable
identification numbers are LUST Incident No. 20011348
and LPC #0316075211
-
Cook
County.
The
site
is
enrolled
in
the Illinois
Leaking
Underground
Storage Tank
Program
(the
“Program”).
Printed on
recycled paper
3.
The Tanks were
18
in number, and included four (4) Tanks which had been used for the
storage of leaded gasoline from
as early as
1930, or for a period of 71
years prior to their date of
removal.
4.
Following
completion of early action
at the site
and
submission of early
action
completion
reports to the
Agency, soil
sampling laboratory analyses were submitted to
the Agency
demonstrating the existence of lead contamination of the
soil at the site.
The source of said lead
contamination wasthe removed Tanks.
The Agency has provided no information identifying another
source for said lead contamination.
Petitioners
assert that there existed no other source for the lead
contamination atthe site, and the Agency previously has caused reimbursement from the~~
LUST Fund
ofPetitioners’
analysis cost for the lead contamination emanating from the Tanks..
5.
Petitioners submitted a High Priority Corrective Action Plan and Modeling Report (the
“CAP”)
to the Agency on
November
8
and December
18,
2003,
in
which Petitioners
sought the
issuance ofa No Further Remediation (“NFR”) letter for the site from the Agency.
6.
Following its review ofthe CAP, the Agency issued a final determination which in part
states that an NFR letter will be issued, but that the CAP is modified by requiring the NFR letter to
state that the amounts oflead contamination remaining at the site “do not appear to be
associated
with the release from the USTs
the
Tanks.”
A copy of the Agency’s final determination letter,
dated February 9, 2004,
is attached hereto as Exhibit “A.”
7.
The aforesaid modification
to
the
CAP
imposed
by
the Agency
has
the
effect of
excluding the lead contamination from the NFR letter, and is without basis.
2
8.
The sole reason stated by the Agency in
its final determination for the modification of
the CAP
to exclude the lead contamination from the NFR letter is the high concentration of the lead
contamination.
9.
The
consequences of excluding
the lead contamination from
the NFR letter are
to
require Petitioners to take additional corrective action to address the lead contamination at the site
under applicable regulations, therebyimposing unnecessaryand unwarranted delays-and-cons-iderabi-e
additional cost on Petitioners.
10.
The issue presented for review is whether the Agency properly modified
Petitioners’
CAP to exclude the lead contamination on site
from the NFR letter.
WHEREFORE, Petitioners respectfully request that the Pollution Control Board grant it a
hearing, set aside the action of the Illinois Environmental Protection Agency from which this appeal
is taken, direct the Agency to approve that portion of Petitioners’
CAP which includes the subject
lead contamination
in the NFR letter to be
issued by the Agency, and grant Petitioners such further
relief as the Board deems appropriate.
ELSTON/WEBSTER, LP and
RENAISSANCE REALTY
GROUP LLC
By:___________
Their attorney
Norman V. Chimenti,
Esq.
Martin, Craig, Chester & Sonnenschein
2215 York Road, Suite 550
Oak Brook,
Illinois 60523
(630) 472-3408
3
2—2~-O4:
4:48PM;E.~3.5.L.
312
755
9566
#
2/
6
EXHIBIT A
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND
I~VENUEEAST,
P.O.
Box
19276,
SPRINGFIELD,
litiwois
62794-9276,
217-782-3397
JAMES
R.
THOMPSON
CENrtR,
100
WEST
RANDOLPH,
SUITE
11.300,
CHICAGO, II
60601, 312-814-6026
Roo R.
BLAGOJEVICH,
GovERNOR
RENEE
CIPRIANO
DIRECTOR
217/782-6762
CERTIFIED MAIL
7002
3150
0000
1255
0946
FEB09
ZOfl~
Renaissance Realty
Group LLC
Attn: Nancy Kapp
2001
West Churchill St.
Chicago,
IL
60647
Re:
LPC#0316075211--CookCounty
Chicago/Renaissance Reality Group LLC
2211
North Elston Ave.
LUST
Incident No. 20011348
LUST Technical
File
Dear Ms.
Kapp:
The
Illinois Environmental Protection
Agency
(Illinois EPA)
has reviewed the
High Priority Corrective
Action Plan (plan) and Modeling
Report
submitted
for the above-referenced incident.
This plan, dated
November 8
& December
18,
2003
were received by the
Illinois
EPA on
November
10 & December 26,
2003.
Citations in this letter
are
from the Environmental Protection
Act (Act) and
35
Illinois
Administrative
Code (35
Ill. Adm. Code).
Pursuant to Section
57.7(c)(4) of the
Act and
35
III. Adm. Code
732.405(c),
the plan
is modified.
The
following modifications
are
necessary, in addition to those
provisions already outlined in
the plan, to
demonstrate compliance with Title XVI ofthe Act and
35
III, Adm. Code 732:
1.
Please note
if the
soil
contamination on
the
off-site property to the west is
going to be
left in place,
an
Illinois EPA approved Environmental Land Use Control (ELUC) in the
form of an engineered
barrier
will
be required before closure can
be
granted. The proposed ELUC must
meet the
requirements of 35
III Adm.
Code 742.1010.
2.
In addition,
the Illinois
EPA is
approving the proposed impractical remediation
request to
leave
contaminated soils to the
cast of the
building
in-place.
Please note
a paragraph willbe
included in
the NFR letter stating extremely high amounts of lead contamination
remain
on-site;
however, do
not
appear to be associated with the release from the
USTs.
Please note that
all
activities associated with
the
remediation of
this release proposed
in the plan must
be
executed in accordance with
all
applicable regulatory
and statutomy requirements,
including compliance
with the
proper
permits.
In addition,
the budget
for the High
Priority Corrective
Action
Plan
is modified
pursuant to Section
57.7(c)(4)
of the Act and 35
Ill.
Adm. Code
732.405(c).
Based
on
the modifications
listed
in
Section
2
of
Attachment A, the amounts listed
in Section
1
of Attachment
A
are
approved.
Please note
that
the costs
must be incurred in
accordance with the approved
plan.
Be
aware that
the amount
of reimbursement may
be limited
by Sections 57.8(e),
57.8(g) and
57.8(d)
of the
Act, as
well
as 35
III. Adm.
Code 732.604,
732.606(s), and 732.611.
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6
Page 2
Please
note that, if the owner or
operator
agrees with the Illinois
EPA’s modifications, submittal of an
amended plan and/or
budget, ifapplicable,
is not required (Section
57.7(c)(4)
of the Act and 35
Ill. Adm.
Code
732.503(f)).
Additionally, pursuant to Section
57.8(a)(5)
of the Act and 35
III. Adm. Code
732.405(e), if reimbursement will
be sought for
any
additional costs
that may be incurred as a result of
the
Illinois
EPA’s modifications,
an amended budget must be submitted.
NOTE:
Amended plans and/or
budgets
must be submitted and
approved prior to the issuance
of a No
Further Remediation
(NFR) Letter.
Costs
associated
with a plan
or budget that have not been approved
prior to the issuance of an
NFR
Letter
will
not be reimbursable.
All future correspondence
must be submitted
to:
Illinois
Environmental
Protection
Agency
Bureau of Land
-
#24
Leaking
Underground Storage Tank Section
1021
North Grand Avenue East
Post Office Box
19276
Springfield,
IL
62794-9276
Please submit all correspondence in
duplicate and include
the Re: block shown
at
the
beginning of
this
letter,
An underground storage tank system owner or operator may appeal
this decision to
the Illinois
Pollution
Control Board.
Appeal rights are attached.
If
you
have any questions or need further assistance, please contact Jason Donnelly at
(217)
557-8764.
Harry A. Chappel,
P.E.
Unit Manager
Leaking Underground Storage TankSection
Division of Remediation Management
Bureau of
Land
UAC:JD\0l
I
348-hpcap&bud-4
Attachment:
A
Appeal Rights
c:
EGLS, Gerald Kraenier
Division
File
Sincerely,
2-2604
4:48pM;E.G.
S.
L.
:312
755
9566
6
4/
6
Attachment A
Re:
LPC# 0316075211
--
Cook County
Chicago/Renaissance Reality Group
LLC
2211
North Elston Ave.
LUST Incident No. 2001 1348
LUST Technical
File
Citations in this attachment
are
from the Environmental Protection Act (Act) and
35
Illinois
Administrative Code
(35
Ill.
Adrn.
Code).
SECTION
1
The budget was previously approved for:
$3,655.00
Investigation Costs.
$5,920.00
Analysis Costs
$5,755.00
Personnel Costs
$100.00
Equipment Costs
$5.00
Field Purchases and Other Costs
$1,037.00
Handling Charges
As a result of the Illinois EPA’s modification(s) in Section 2
of this Attachment A, the following
amounts
are
approved:
$910.00
Investigation Costs
$1,020.00
Analysis Costs
$4,077.50
Personnel
Costs
$75.00
Equipment Costs
$7.00
Field Purchases and Other Costs
$241.44
Handling Charges
Therefore, the total
cumulative budget is approved
for:
$4,565.00
Investigation Costs
$6,940.00
Analysis Costs
$9,832.50
Personnel Costs
$175.00
Equipment Costs
$12.00
Field Purchases and Other Costs
$
1,278.44
Handling Charges
4:4epM:E.’3.
S.L
:312
755
9566
6
£/
6
Page 2
SECTION
2
$240.00
for an adjustment
in drilling costs.
These costs
are inconsistent with the
associated technical plan.
One of the overall
goals
of
the
financial review is to assure
that costs
associated with
materials, activities, and services shall be consistent
with the
associated technical plan (35
111.
Adm. Code
732.505(c)).
Please note the
plan proposes
20
feet of boring, while
the budget includes
Costs
for 30
feet.
2.
$20.00 for
an adjustment
in drilling costs (rate).
Costs for investigative activities and
related services or materials for developing a High Priority corrective action plan that are
unnecessary or inconsistent with generally accepted practices or unreasonable
costs for
justifiable
activities, materials, or services are ineligible for payment from the Fund
(35
Ill.
Adm. Code 732.606(cc)).
3.
$31.20 for an adjustment in handling charges.
Handlingcharges
are eligible for payment
only ifthey are equal to or less than the amount determined by the following table
(Section
57.8(g) of the Act and 35
Ill. Adm. Code
732.607):
Subcontract or Field
Eligible Handling Charges as a
Purchase Cost:
Percentage of Cost:
$0-$5,000
12
$5,001
-
$15,000
$600 plus
10
of amount over $5,000
$15,001
-
$50,000
$1,600 plus 8
of amount over $15,000
$50,001
-
$100,000
$4,400
plus
5
of amount over
$50,000
$100,001
-$1,000,000
$6,900
plus 2
of amount over $100,000
HAC:JD\Ol l348-hpcap&bud-4.A