RECE~VED
CLERK’S OFHCE
BEFORE..THE POLLUTION CONTROL BOARD
FE
OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
VISION PROPERTIES
BLUE
ISLAND, LLC,
)
Pollution
Control Board
Petitioner,
)
v.
)
PCB No.
05-
ILLiNOIS ENVIRONMENTAL
)
(RCRA
Appeal
-
90-Day Extension).
PROTECTION AGENCY,
)
Respondent.
)
NOTICE
Dorothy M.
Gunn, Clerk
TimothyRamsey
Illinois Pollution Control Board
.
Weinberg Richmond LLP
James R. Thompson Center
333 West Wacker Drive
100 WestRandolph Street
#1800
Suite 11-500
Chicago, IL
60606-1288
Chicago, IL 60601
PLEASE TAKE
NOTICE
that I
have
today
filed with the
office
of the Clerk
of the Pollution
Control Board a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD, copies of which
are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
•
Q~/PAA/lU
/~
Jo~J. ~m
()
Assistant Couns~
Special Assistant Attorney General
•
Division of Legal Counsel
.
.
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: January 31, 2005
BEFORE THE POLLUTION
CONTROL BOARD
•
~EB012005
OF THE STATE OF ILLINOIS
STATE
OFILL~JOIS
•
POllutton Control ~
VISION PROPERTIES BLUE ISLAND, LLC,
).
•
•
•
Petitioner,
)
v.
)
PCBNo.05-)
ILLINOIS ENVIRONMENTAL
)
(RCRA Appeal
—
90-Day Extension)
PROTECTION AGENCY,
.
)
•
Respondent.
)
•
REQUEST
FOR NINETY DAY EXTENSION
•
OF APPEAL PERIOD
NOW
COMES the Respondent,
the Illinois Environmental
Protection Agency
(“Illinois
EPA”), by one of its
attorneys, John J.
Kim,
Assistant
Counsel
and
Special Assistant
Attorney
General,
and,
pursuant
to
Section
40(a)(1) of the
Illinois
Environmental
Protection
Act
(415
ILCS
5140(a)(1))
and
35
111.
Adm.
Code
105.208,
hereby
requests
that
the
Illinois
Pollution
Control Board (“Board”) grant an
extension of the thirty-five
(35)
day period for petitioning for a
hearing
to
May
13,
2005,
or any
other date not
more than a
total
of one
hundred
twenty-five
(125)
days the date of service ofthe Illinois EPA’s final decision.
In support thereof, the Illinois
EPA respectfully states as follows:
1.
On Decethber
28,
2004,
the Illinois
EPA issued a
final decision to the Petitioner.
(Exhibit A)
•
2.
On January 28,
2005, the Petitioner made a written request to
the Illinois EPA for
an
extension
of time by
which
to
file
a
petition
for review,
asking
the
Illinois
EPA join
in
requesting that
the Board
extend.the
thirty-five day period for filing
a petition
to
ninety days.
The Petitioner represent that the final decision was received on January 7,
2005.
(Exhibit B)
3.
The additional
time requested by the parties may eliminate the need for a hearing
in this matter or, in the alternative, allow the parties to
identify issues and limit the scope of any
hearing that may be necessary to res6F~re
this matter.
1
•
WHEREFORE,
for the
reasons stated
above, the parties request
that
the Board,
in
the
interest of administrative and judicial
economy, grant this request for a ninety-day extension of
the thirty-five day period for petitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
•
.
c~L~o~
)/~A~?~PY~
JohOiJ.Kim
0
Assistant Counsel
Special Assistant Attorney General
Division ofLegal
Counsel
1021 North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: January 31, 2005
This filing submitted on
recycled paper.
2
Received at: 4:11P~M, 1/7/2005
Jan.
7.
2005
5:01PM
.
No.7242
P. 4/13
ILLINOIS
ENVIRONMENTAL PROTECTION
AGENCY
1021
Noscni
Ciitau~eu,
Av1~NIn-
EASI,
(‘A).
Hc,x
1927~,
$PgtNc~pnI,
Itl,t*o~s62794-9276, 217-782-3397
Jv~*~s
R. 1*-K
M*~*i
Cn~nie*.
IOU
Wr~r
RANDC.,I
*-*i,
Svm-
11-300,
Onc~co,
IL 60601, 312-814-6026
•
Rob R. BIAcoJLvIcl
i,
Gov~ot
Rawi~e
CIPRIANO,
DIR~croa
217/524-3300
Certified
Nail
December
28,
2004
7002 3150
0000
1220
6058
Vision
Properties
Blue
Island,
LLC
Attn: Mr. Benjamin
L.
Kadish, Managing Member
150
North Wacker Drive, Suite
2161)
Chicago,illinois
60606
Re:
0310240004
--
CookCounty
Vision
Properties
Blue Island,
LLC (Vision Properties)
(Formerly Gilbert
&
Bcnnctt
Mfg. Co.)
1LD005109525
Log
No. B-149-CA-20
Received:
August 6, 2004
RCRA Permit
Dear Mr. Kadish:
This is in
response
to a
document entitled “RCRA Phase H
Supplemental
Investigation”
submitted August
5,
2004
by Mahion T. Hewitt 111, LPG,
Andrews Environmental
Engineering,
Inc. (Andrcws)
on behalfofVision
Properties
Blue
Islands
LLC (Vision
Properties).
The subject
submittal addresses
corrective action at severalsolid
waste
management
units (SWMUs)
undergoing
corrective action in accordance with
Section JV ofthe facility’s RCRA
post-closure
permit
(Log No. B-149)
dated
September 28, 1995.
The Illinois EPA hasdetermined
that
it can approve the
abovc-rcfcrcnccd
submittal
subject
to
the
following conditions and
modifications:
1.
The
SWMUS
of
concern atthis
facilityare as follows:
a.
.
SWMLJ
l—Closed (pre-RCRA)
Surface
Impoundment
•
b.
SWMU
2—Water Soluble Waste Oil Drum Storage Area
c.
SWMU
7—Scrap
Steel Storage Area
d.
SWMIJ
lO—Trichioroethylene
Hazardous Waste
Storage Area in
Production
Area
e.
SWMU I
2—Wastcwater Treatment System
ROrKFOI*I,
4307
No,lh M.iin
Strep?.
R*xJdod, II
F.3103
(81.5)
987-7760
•
fl~s
F~A,N*-*
0511
W.
R,rriton
St., Des
PLtirw~c,
II
60016
(547)
294-4000
FIr~N
505
South
State,
EIgin~II.
6fl123
-U(47)
608-3(31
-
I~*,*ts—5415
N.
Univwtk~
S~,
Peoria,
IL (.16(4 —(309)603-5463
L3twc~u
0*
LsM,
-
hortA—
7620
N. tJr4vcr~JIySt., F*oña,
IL 61614—
(309) (.93-5462
•
c:IL4J~*-AIcN
—2125Soud, I
ir~t
SiretS,
Chwitp*.igut,
IL (.1820
—(217)278-5800
ScPJNGnCLD—4500
S.
SocIh Sheet
Rd.,
Sprin~Jk~hi,
L
62706
—(217) 7116-6*392
COWNSVIUf
—2L~J9M~d(
SI,*xI,
Co116,,vilk-. (162234 —(6111)
I46.5120
Mssioe*
—
2309W. M31n St.. Suite
116,
M,doo,
U.
67959
(618)
993
7200
Received
at:
4:I1PPI,
1/7/2005
Jan.
7.
2005
5:01PM
.
No.7242
P.
5/13
Mr.
Benjamin Kadish
Log
No.B-l49-CA-20
Page
2.
f.
SWMU
13-.--Mosquito
Creek
g.
SWMIJ
I
4—Suspected Disposal Area
h.
SWMU
15—Landfarm
No.
1
1.
SWMU
16-.---Landfarm
No.
2;
j.
SWMU 17—Suffin’ic
Acid Cleaning House
k.
SWMU
19—Tricblorocthylcne Hazardous
Waste
Storage
Area Northeast
of
Production Area
.
A
drawing
showingthe
location
of
each
of
these units within the
facility is
attached.
In
addition,
a
table
summarizing the current status of
corrective
action efforts
at each of.
these SWMUs
is also
attached.
2.~
The Solid Waste Management Unit referred
to as
Mosquito
Creek cannot be considered
clean closed at this
time.
Lead contaminationabove Tier
1
levelsset forth in
35111.
Mm. Code 742 has been Ibum,I at this unit.
A
plañto conduct
further investigation at
this unit
was
approved
by
illinois
EPA on
September
8, 2004.
Once
the contamination
at
this unit hasbeenadequately charactcrimd,
it will
be necessary for
Vision
Properties to
take appropriate actionto ensurc the contaminant
levels remaining at this
unit meet the
requirements
of
35
111. Adni. Coda
742.
3.
The
SPLPresults
for soil
samples collected and analyzed
for
metals
which are
presented
in Table
3
indicate that the detection limit is higher than the remediation objectives found
in 35111. Adm.Code
742.
As
such,
it
appears as though the soil samples must be
collected and analy~.ed
again.
4.
Basedon boring logs and geologic cross-sections provided in the subject submittal, the
Illinois EPA concurs with the facility’s conclusion that the site was constructed
on
top of
historical fill material, and that the
flu
material is laterally
extensive
across
the
site.
5.
The Illinois
EPA
does
not
consider SPLP resultsto be directly
comparable to 35
111..
Adm. Code
742 Tier
1
GROs
and thus
does not
concur with the
discussion of
those
comparisons in Section
3.2of the subject
submittal
or
the analytical result comparisons
as presented in
Table
5
of the
snbjecL submittal.
6;
The Illinois EPA has
determined that, at this time,
it
cannot
approve the facility’s request
to delete
chloride,sulfate, iron, manganese,
mckel
and 7Jnc from groundwater.
-
Received at: 4:11PM,
1/7/2005
Jan.
7.
2005
5:01PM
.~
No.7242
P.
6/13
Mr.
Benjamin Kadish
Log
No.
B-149-CA-20
Page 3
monitoringatSWMUs 1,5, 10, 12, 13
and
19 or the
capped hazardous waste area
(regulated
unit)
based on 35 111.
Adm.
Code 620.420(a)(3). This is due tothe
thlIowiy~g;
a.
The
boring
logs
and geologic
cross-sectionsprovided in the subject
submittal
indicatethat
theuppermostaquiferatthe facilityextendsto
greater than
10 ft
below the original land
surface and possesses additional criteria spccffied
in
35
111. Adm. Code 620.210.
This information
indicates
that
groundwaterat the
facility isappropriately
classified as Class
I
Groundwater in accordance
with
35
fli. Adm. Code
Part
620. ‘The
groundwater
parametermonitoring exemption
discussed in
35111.
Adm. Cüde
620.42O(aX3)
~plics
to
Class IT Groundwater
b.
The facilityhas not
adequately
demonstrated that
these
groundwater
contaminants
arenot the
result
of
releases from sources other
than the
SWIvIUs
or the
regulated unit.
The
Illinois
EP~acknowledges
that
the facilityhas
been
working to completea
background
evaluation
pursuant
to 35111.
Adm. Code
742 410as required by Condition4oftheNovember13,2003 illinois1~PA
letter
(Log No. B-149-CA-l5, 16
and
18).
The statistical
demonstration discussedin
Section 3.4 oF
the subject
submittal
is
not
appropriatetomeetthe
requirements
of
35
III.
Adm. Code
742.410.
Therefore,
That evaluation has
yetto be
completed,
and as aresult,
not
enough information
is
available to
make that determination.
c.
Requests to
remove
parameters from the groundwatermonitoring requirements
for the
regulated unit must be in
the
lbrm
of
requests to modifySectkm-U
of-the
Permit through apermit modification request
7.
The
Illinois
EPA
has determined that,
at this
time,
it cannot approve the
facility’s
request
to delete
cadmium, chromium and
lead
from groundwater
monitoring at &WMUs 1,5,
10, 12, 13
and
19 or the
capped hazardous waste area based
on
currently observed
background concentrations.
This is due
tothe following:
a.
The
illinois
EPA
does
nOt
concur
with
the following statementon
Page 13 ol the
subject
submittal:
a
comparison
ofthe
parameters
cadmium,
chromium and lead to
that
foundin the
background
or upgradicnt well0115
reveals that thc
background
concentration
of
these parameters appear to
be
greater than
that found
on-site.”
This
statement isnot totally accurate.
While
it appears true
ibr chromium and
lead based
onF~irst
arid
Second
Quarter
2004
groundwaterresults, historically.
Received at: 4:11PM, 1/7/2005
Jan.
1.
2005
5:02PM
No.7242
P. 1/13
Mr. BenjaminKadish
Log
No.B-149-CA-20
Pagc4
their concentrations
tend to be about an order of
maghitude higher at
well 0-110
than concentrations
detected so
far
at well 0-115.
As
discussed in
Condition 7.c
below,
an appropriate backgroundevaluatiOnfor
these
parameters has yet
to
be
• completed by
the
facility.
Additionally, the
statement
quoted
above has beenfrue
for
cadmiumin eastern portions
ofthe
fhcility, but
not the
vicinity
of well R-1 10.
At
that
well,
cadmium has consistently beendetected
at
concentrations
several
orders
of
magnitude
higher
than observed so far
at
well
0-115.
b.
The
Illinois
EPA does not
concur
with the
Ibliowing
statement from
Page 13,
paragraph
3 ofthe
subject submittal:
“...
it is Andrcws Engineering
opinion
that
the
ubiquitous nature
ofthe.
parameters
of
concern
provide
sufficient
evidence to
document that
the
groundwater
impacts
are
not from
the
remaining
SWMIJs.”
The illinois EPA
acknowledges
that information provided in the
subject
submittal indicates that many
of
these contaminants are relativelywidespread
across the facility.
~owevcr,
widespread distribution is
not in
and
of
itself
sufficient evidence to demonstrate
that groundwaterimpacts
are
not
from any
of
the
SWMIJs.
The
facility
nm.cl adequately
demonstrate that
concentrations
of
contaminants in do~gradient
wells are not
the
result
of
releases from the
SWMUs
or the
regulated unit.
This has yet
to be
accomplished
±br
the units in
question.
c.
As discussed in Comment 6.b above, the
Illinois EPA acknowledges that the.
lhcility has beenworking
to complete a
background
evaluationpursuant
to 35111,
Mm.
Code
742.410 as
required
byCondition4
ofthe
November
13,
2003
Illinois EPA
letter (Log
No.
B-I 49-CA-IS,
16
and
18).
Thc statistical
demonstration
discussed
in
Section
3.4 ofthe
subject submiUal
is not
appropriate
to meet the
requirements
of
35
111.
Adm. Code 742.410.
Therefore, that
evaluation has yet to be
completed,
and
as a result, not enough information is
available to
makethat determination.
d.
Requests
to remove
parameters from the groundwatermonitoring requirements
lbr the regulated
unit
must be
in the form of
requests
to
modifySection II
of
the
Permit
through apermit modification request.
8.
Based
on
Conditions 6 and
7 above, the Illinois EPA
has determined
that, at
this time, it
cannot approve
the facility’s request
for a No
Further
Action
(NFA)
determination
for
gro~indwateratSW?v1Us1,5,10,12,13,
and
19.
Received at: 4:11PM, 1/7/2005
Jan.
1.
2005
5:02PM
•
No.7242
P.
8/13
Mt
BenjaminKadish
LogNo.
B-149-CA-20
Page
5
9.
The facility must continue
the
background evaluation
for cadthium,
chromium,iron,
lead, manganese, nickel, zinc, chloride and sulfate
in
accordance
with
Condition
4 ofthe
November 13, 2003
Illinois EPA letter.
10.
By
February
15,
2005,
the
facility must submit a report ofthe results ofthe
background
evaluation discussed in
Condition 7
above.
The report must
be submitted as a
requestto
modify correctiveaction activities
at the
facility.
It
must include, but
not be
restricted
to
the’following information:
a.
Idenli Iieaiion
of the reason for the subject submittal;
b.
A
discussion
of
the statistical method
employed in
the
backgroundanalysis;
c.
Derived backgroundvalues forthe COCs in question and calculations used
to
determine
those values;
d.
A summary in tabular form
ofanalytical data used in the
evaluation, including
the appropriate Tier
1, Class I GRO
and
the derived
background valuefor each
•
COC;
c.
Isoconcentration maps
for
each
COC depicting thc
extent
ofcontrnnn4ion
exceeding appropriately
derived background concentrations;
and
f.
A course
of
action based
on the
evaluation results.
11.
The facility must continuesemi-annual groundwatermonitoringat SWMtJs
1,
5,
10,12,
13 and
19 in
accordance with Conditionsl.a through
2.g of
the November
13, 2003
Illinois EPAletter.
12.
The November
13,
2003
Illinois
EPA
letter (Log
No.
B-149-CA-l 5,
16
and 18)
conditionally approved aTier 2 evaluation
for cis-1 ,2-DCE, TCE,
vinyl chloride,
copper,
sulfate at SWMtJs
5,
10,
and
19,
as
well
as zinc at SWMIJs 1,
12
and 13.
The
Illinois
EPA
thusapproves the facility’s
request to discontinue monitoring
for
those parameters
at
the
respective
SWMUs.
Condition 6 ofthe November 13,
2003 letter, whichoutlines
the
steps
ncccssary
to eliminate the
groundwater ingestion exposure
pathway for those
COCs,
remains
outstanding.
13.
Considering that
historic fill material has been identilied to be laterally extensiveat
the’
facility, and that
35111.
Adm. Code 620.420(a)(3) cannot be applied
to
groundwater
COCs
at the facility becauseof
the appropriate groundwater classification,
the
Illinois
EPA
wishes
to
provide
the following
guidance regarding groundwater:
Received at: 4:11PM,
11712005
Jan.
1.
2005
5:02PM
No.7242
P.9/13
lvfr.
Benjamin Kadish
Log
No. B-149-CA-20
• Page 6.
a.
The facility may be able to request excluding someofthe rem~iining
groundwater
constituents as COCspursuantto 35
111.
Adm. Code
742.415(b)(1) by wayof
the
backgroundevaluation required in Comments S and
9
above.
b.
The
facility mayrequest to utilize
the
derivedbackground values as
GROsin
accordance with 35111. Mm.
Code 742.41
5(bX2).
e
For
anyconstituents that exhibit elevated background concentrationsthat
cannot
be excluded from consideration as
COCa by way
ofa
background evaluation,
additional Tier 2 evaluations maybe conducted (assuming that the requirements
necessary to allow the useof35 Ill. Adm..
Code
Part742 risk assessmenthave
beenmet).
Under these circumstances, the extent of groundwater contamination
would be defined as the area(s) where COC concentrations
exceed
background
based GROs.
d.
The facility
must meet the
requirements of 35
111.
Adni. Code 742, Subpart
J to
exclude the groundwater ingestion pathway for anyCOCa evaluated under Tier
14.
As investigation of
groundwater proceeds at the facility,
it
may
be
necessaryto include
additional groundwater constituents
to meet the
requirements
of
35
Ill.
Adm. Code
742.1015(bX2).
15.
Corrective
action
activities
at this
facility
must
meet
the
requirements
of:
(a) the
facility’s RCRA
permit;
(2)35
111. Adm. Code
724.201
and
742;
and
(3)
previous
illinois
EPA
lettersregarding corrective
action at this facility (Log No. B-142-CA-J
through B-
142-CA-19).
16
As can be
seen in
the attached
table, an
engineered barrier andassociated restrictions-are
bcingusedatSWMUs7,
14, 15,
17
and
17.
Thisbarriermustmeettherequircmentsof
35111.
Adm.
Code
742,
Subpart K,
It
must be noted that an institutional control
meeting
the
requirements
of 35111.
Adm. Code
742,
Subpart
J
must be met
when an engineered
bather is used in developingrcmediation objectives
for a project.
A
detailed description of
the
proposed bathers must be submitted
to
Illinois
EPA by May
1,2005.
The
information submitted
to
IllInois
EPA
must
include:
(1) a
description
ofthe
characteristics
and construction details ofthe
barrier;
(2)plans and
specifications
for
the
barrier,
(3) scaled
drawing showing
the
horizontal and vertical boundaries
of
the barrier;
and (4)a
demonstrationthat
the proposed bather
meets
the
requirements
of35
IJi. Achu.
Code
742,
Subpart K.
Received at:
4:11PM,
1/7/2005
Jan.
7. 2005
5:03PM
No.1242
P.
10/13
Mr. Benjamin
Kadish
Log No. B-149-CA-20
Page
7
17..
Reniediation
objectives for this
ptojcct havebeen based
on one of
the following:
(1)
industria1/comnien~ial
property use; (2)engineered bathers;
(3)
point
ofhuman
cxposure
at a
location other
than the
source; andIor
(4) exclusion
of exposure routes.
In accordance
with
35111.
Adm. Code
742.1000, an
institutional control
meeting
the
requirements
of35
Ill.
Adm.
Code 742,
Subpart)
must be established
to
ensure that these facts do not change
in the future, as they were
fundamental to
the establishment~f the approved
remediation
QbjCCtIVCS.
•
A
proposed institutional control
meeting the requirements
of35 111.
Adm. Code 742,
Subpart 3 must be placed
on
the
property must be submitted
to Illinois EPA by May
1,
2005.
It
must be noted that illinois
EPA’s
internet site (www.epa.state,il,us) contains
guidance regarding proposed
institutional controLs, including
amodel environmental
land
use control.
This institutional control must:
a.
Restrict future use of
the site to
commercial/industrial activities (ncccssary
for
SWMUs
5,
10,
12
and
19);
b.
Require
maintenance
ofan
cnginccrcd bather andrestrict SWMIJt7,
14, 15, 16
-and
17;
and
c.
Requires
maintenance
ofthe final cover over SWMIJ I
andrestricts exposure to
the
material remaining
at thatunit.
18
Thc institutional control for
an
engineered barrier forSWMUS
7, 14, 15, 16
and
17
and
for
the
final corer
at
SWMU
I
must
be
developed in accordance with
35
111.
Mm. Code
742, Subpart J
andmust also
clearly include the
following
information andrestrictions:
a.
A
statement that
cont~tminRted
soil/material is
present
at
the
site, butdoes not pose
a
threat to human
health or
the environment,
provided an
engineered barrier
Or
cover
remains over it
and
the
restrictions set forth in
the
institutional control are
met;
b.
A
scaled drawing showing the boundaries
of
the required engineered barrier
or
cover placed over the
contaminated soil/material, relative to
The property
boundaries
at the site;
c.
A description ofthe
construction details
ortht,
required engineered barrier or
cover placed
over the contaminated
soil/material;
d.
A
requirement that
the
engineered barrier
or
cover
in
place
over the
contaminated
soil/material of
concern
properly
maintained
in a
(‘uture;
-
Received at: 4:11PM, 1/7/2005
Jan.
7.
2005
5:03PM
No.7242
P.
11/13
Mr.
l3enjamin
Kadish
Log
No. B-149-CA-20
Page 9
Code
lOlO(d)(8); (b) identifiesthe map
within the
exhibit which addresses
the
individual requirements ol’35 Ill.
Adm.
Code
742.IOlO(dX8XA),
(B), (C) and
•
(D); and (c) lists the maps which comprise the exhibit by
nameand
number.
(3) The
Real Estate
Tax
Index/Parcel Index Number (PIN)
of the
property in
question
must
be contained
on
each
map in
Exhibit 13.
This
letter shallconstitute
Illinois EPA’s
final action
on the
subject submittal.
Within
35 days of
the
date
of
-mailing
of the
Illinois
EPA’s
final decision, the applicant maypetition
for a
hearing
before
the
Illinois
Pollution Control
Boardto contest
the decisionof the Illinois EPA,however,
the
35-day
period
for
petitioning
for a
hearing maybe extended
for a period of
time not
to
exceed ninety
days
by
written noticeprovided
to the
Board
from the
applicant and the
Illinois
EPA
within
the
35-day appeal period.
Work required
by
this
letter,
your submittals
or
the regulationsmay also be subject to
other laws
governing professional services, such as the Illinois Professional Land Surveyor
Act of 1989,the
Pn,fessional Euigineering Practice Act
of 1989, the
Professional Geologist Licensing
Act,
andthe
Structural Engineering Licensing
Act
of
1989.
This letter
does not relieveanyone
from
compliance
with these laws
and
the
regulations
adopted pursuant to
these laws.
All work that
falls
within the scope and
definitions of
these
laws
must
be
performedin compliance with
them.
The Illinois EPA may refer
any discovered viulationof
these laws to the
appropriate regulating
authority.
Shouldyouhave
anyquestions regarding corrective
action at the
faeility~please
contactWilliam
‘I’.
Sinnott;
11 at 217/524-3310.
Ifyou have
any questions regarding groundwater issues please
-
contact
ScottKaufman at 217/785-6869.
Joyce I..
Manager,
Bureau
of
Land
-
JLM:WTS:bjh\0431
1
~.dec
.St~sA
C~k1~~
-
Attachments:
Facility Layout Map
•
Corrective Action Status of’the SWMtJs
ofConcern at Vision
Properties
cc:
Harriet
Croke—USEPA Region
V (w/o enclosures)
Mahion T
Hewitt
III
Sincerel~_._~
Section
Received at: 4:11PM, 1/7/2005
Jan.
7.
2005
5:03PM
•
No.7242
P.
12/13
Corrective Action
Status
of the Various
SWMUS ofConcern at Vision Properties
B-149-CA-20
SWMU No. /Namc
______
__________________________
I—Closed
~pre-RCRA)
Surface Impoundment
5—Water Soluble
-
Waste Oil Dnnn
Storage
Area
-
7—Scrap Steel
Storage Area
_____
____________________________
_____
10
TCEHa~
Waste
Storage Area
at
the
Production Area
1
2—Wastewater
Treatment System
_______________________________
13—Mosquito Creek
14—Suspected
Disposal
Area
___________
15--Landfdrm#1
______________________
_________
1
6--Laridfarm #2
__________________________
_____
17--Sulfuric Acid
Clearimg House
l9—TCE1Iaz Waste
Storage Area NE
of
Production Area
Status
of
Corrective
Action Efforts
• -
Per
1/29/99
letter:
(1) unit
properly
closed as a
landfill;
(2)
institutional
control
needed
to
reflect
fact unitis a closed
disposal unit
and establish
appropriate rcstrictions; and (3)post-
closure caremust be provided (cover maintenance and
groundwater
monitoring).
Groundwater
investigation/monitoring efForts
have
been
and
continues to be
carried
out in
accordance with plans and reports approved
by
Illinois EPA.
_____
Per 7/21/00 letter,
no
further action
needed provided: (1) an
institutional
control is
establish
to restrict future
use
of
facility
to
conimcrcial/industi-ial activities;
and
(2) a
groundwater
investigation and, as necessary,
remedialion
program is
-
completed.
Groundwater invcstigation/monito-ring
efForts
have
been
and
continueto
be
carried
out in
accordance
with plans
and
reports approved
by Illinois EPA.
-
Per
1/29/99 letter,
engineered
barrier and
associated institutional
control needed
for soils
remaining
at
unit.
—
_____
Same as SWMU
5.
Same as SWMIJ
5
Lead detected
at
unit.
Add’l investigation must be conducted in
accordance with Illinois EPA’s September
8,
2004
letter.
Remediate, as necessaiy,
to meet
requiterntmts
of35
III. Admin.
Code 742.
Groundwater investigation/monitoringefforts have
beenand
continue to be
carried
out in
accordance
with
plans and
reports approved
by
U3PA.
-
______________
Same as SWMU7
-
Same
as
SWMIJ7
-
Same
as
SWMU 7
_____
Per
1/29/99
letter, no
further
action
needed
if unit
is: (1) cleaned;
(2)
found
tohe structurally sound; (3) filled with
sand;
and (4)
covered
with
a concrete cap~
SanleasSW?v1U5
-
Vi~iou
huperii~s—5WMIJ
m~mu~ary
a-)
-
_
NO
C,,
-p.-
0
NO
MS
IC.-,
F
ID
C)
ID
a
-p.
rs~
0
__
0
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-
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--
.)-
ii
•
Received
at:
4:11PM, 1/7/2005
Jan.
7. 20U~ 5:09PM
No.1242
P.
2/13
Vision
Properties Blue Island LLC
-
Benjamin L. Kadish
-
333 West Wacker
Drive
-
Suite
1020
Chicago, IL
60606
-
-
312-220-0607
312-220-0052
FAX
-
312-953-4344
CELL
January
7,
2005
Ms. Joyce
Mtmie
Mr.
ScottKaufznan
:-,,
--
Mr. William
P1..
Sinnott,
fi
Mr. James Moore
-
Bureau
of
Land
illinois Environmental
Protection
Agengy
1021 North Grand Avenue East
Springfield,
IL
62794-9276
1(1±
0310240004- Cook
County
Vision Properties Blue Island LLC
RECRA Permit
Dear Ms.
Munie
and
Mssrs. Kaufman, Sinnott,
and
Moore:
I
received the attached letter dated
December 28,2004 in
my office today, Friday,
January
7,
2005 via
certified mail.
My
office
moved
to
333
West
Wacker Drive
in
March 2004,and
the
letter
was
addressed to
my
old
address.
-
The letter is missing page
8,
and
we
are informing the IEPA ofthis
in writing by
this letter.
Please
resend page 8
to
ray office at the current address,
or
fax the
letter
to my office and to
Timothy Ramsey,
Esquire
of
Weinberg & Richmond,
and
-to
Kean Liss
and Mablon
I
lewitt
of’
Andrews Environmental
at
the fax
numbers
listed below.
Ifsomeone
from
the IEPA
caneonlinn
receipt
of
this
letter, please
call,
fax or email to confirm
receipt at~
We look
forward
to
further
discussions with the
IEPA.
Sincv,r~tj?
~sJ
Be
L.
Kadish
Managing
Member
Vision
Properties
Blue
Island LLC
Cc:
Timothy
Ramsey via
fax
312-807-3903
Kenn
1i35,
Mahfon Hewitt via
fax
217-787-9495
-OldlO/05
12:03
FAX
2175243291
IEPA
LAND
PERMITS
-
~oo1
,
ILLINOIS ENVIRONMENTAL
PRO-EcrIoN AGENCY
1021
NoRm
GRAND AVENUE EAST,
P.O.
Box
19276,
SPRINCFIEW,
kuNoIs
62794-9276,
21 7-782-3397
-
-
J,~iEs
R.
THo~soN
CENTER,
100
WesT
R~ooLPH,
SUITE
11-300,
Cwc.Aco,
IL 60601, 312-814-6026
-
RoD
R.
BLAGOJEVICH,
GOVERNOR
RENEE CIPRIANO,
DRECrOR
TELECOPIER COVER PAGE
•
PLEASE
PRINT
IN BLACK
INK
ONLY!
•
DATE~~
lo,
ZOO?
TIME:
//.~
/~
J~
PLEASE DELIVER
THESE
.2”
PAGES
-
-
,
-
(INCLUDING TI-US
COVER PAGE)
TO:
-
NAME:
/,~OTM1~-91eSQ~(~:
-
•
FIRM
OR
LOCATION:
141E,Z~E1Z(~
(?CI4!I~fOJ3)
CITY:
FIRM
OR LOCATION
PHONE NUMBER:
-
-
FIRM
OR LOCATIONFAXNUMB-ER:
3it8o
7 ~
37~
3
FROM:
Js~$AA7
SENDER’S
PI-K~NE
NUMBER:
~‘2/7)
~2~/~33iô
-
-
-
IF
YOU
DID
NOT RECEIVE ALL
OF THE
PAGES OR THE
PAGES ARE
ILLEG(BLE. (‘LEASE INFORM
US
IMMEDIATELY AT THE PHONE NUMBER LISTED
BELOW.
-
-
-
OUR
TELECOPIER
NUMBER.
IS
(217)524-3291
OUR
E’BoNE
NUMBER
IS
(217)324-3300
-
T~6~
~
~
(CHECK ONE)
~
~
~~‘ii.’r.~
—
RETURN TO ORIGINiVIOR
AFTER
SENDING
~
~
~
~&J
o~
i~
DISCARD
-
7
Rococ*o
—4302
North
Main Street,
Rockfocrl, II 61103—1815) 987-7750
Dt~
PLAI~ES
—
9511 W.
Harrison
St.. Des
Planes,
IL
60016—
(847)
294-4000
ELOIN
—
595
South
State.
Elgin.
II. 60123
—(647) 608-3131
-
PtOte.~
—
5415
N.- (Jniven~y
St~.peoria,
IL 51614—
(309)
693-5463
BUREAU
Of
LAND
-
PEoRi.~
—7620 N. University St,
PeocI~,
It 61614—
(309)
693.5462
•
CHAMPAIC,,,
—
2125
South First Street,
Chanipaign,
IL 61020 —(217)
278-5800
5rg,t-.CFffto
—45009.
Sixth
Street Rd.,
Spr~ngliekI,
IL 62706— (217) 786-6892
•
COuuNsviixi
—
2009
Mall
Street,
CollinsviIJe,
IL
62234 —(610)
346-5120
—
2309 W.
Main St.. Suite
116,
Ma~iori,
II
82939— (Gsa) 992-7200
•
-01/10/05
12:04
FAX
2175243291
IEPA LAND PERMITS
I~O02
Mr.
Benjamin Kadish
-
-
-
Log No.
B—149-CA-.20
-
-
-
Page 8
-
e.
A
requirement that a site safety plan
meeting
the
requirements
of29
CFR be
developed
and
implemented
any
time construction/excavation-work takes place in
the
contaminated soil/material
present
beneat-i
the
engineered barrier.
Among
other things, thisplan must properly restrict worker exposure and any other
person’s exposure
to
the
contaminated soil/material;
f.
A
requirement
that
any
soil removed from beneath the engineered
barrier be
managed
in accordance
with
35 flI.
Adni.
Code, Subtitle G:
Waste
Disposal.
19.
-
35111.
Adm.
Code
742. lO1O(dX8) requires that an ELUC
contain
scaled maps which
showinformation aboutthe facility,
any
remaining
contaminationat
the
facility-and any
physical
features
at
the
facility to which the ELUC applies.
a.
The required
scaled
sitemaps
must specifically
show:
-
-
(1) the legal boundaryofthe
property
to
which
the ELUC applies;
(2) The horizontal
and vertical
extent of
contaminants
ofconcern above
-
applicable remediation
objectives
for soil
and groundwater
to which the
ELUC applies;
(3)
Anyphysical features
to
which an ELUC applies (e.g.,
engineered barriers,
-
monitoring wells, caps);
and
(4) The nature, location of
the
source,
and
direction of
movement
of the
contaminants
of
concern
-
b.
Exhibit B ofthe model ELUC developed byillinois EPA is
comprised
of the
-
maps
necessary
to meet the
requirements
of
35111.
Adm. Code 742.lOlO(d)(8).
In
developing
such
an exhibit for an ELUC asseciated
with
an engineered barrier or
industrial/commercial
landuse
restrictions:
(1) If
only
one
drawing
is
used
to present
all
the
required information,
then it
must
be clearly labeled as Exhibit B to the ELUC in question.
Many times
however, itwill be neces~ary
to
include
more
than one
drawing in Exhibit B
to meet
the
requirements
ofthe requirements of
35111.
Adm. Code
-
742.lOlO(d~~).
In such cases,
each map shall be given
a unique Exhibit
number
(i.e.,Exhibit B-I, B-2, B-3, etc.)
andlabeled as such.
(2) A
cover
sheetmust be provided for the exhibit which: (a) lists the
types
of
scaled
maps that must be provided in
the ELUC asrequired in
35111. Adm.
-
W E
I N B E PG
I
RICH MO N 0
333
WEST
WACKER
DRIVE
#1800
~
LLP
CHICAGO,
ILLINOIS
60606-1288
TELEPHONE
(3123 007-3800
-
FACSIMILE
(312) 807-3903
-
TIMOTHY
RAMSEY
-(312)
845-2507
-
TRAMSEYeWR-LLP.COM
January28,
2005
BY ELECTRONIC MAIL
-
-
(john.kim(~),epa.state.il.us)
-
Mr.
John Kim
-
-
Illinois Environmental Protection Agency
1021
North
Grand Avenue, East
P. 0. Box
19276
-
Springfield, Illinois 62702
Re:
0310240004
—
Cook County
Vision Properties Blue Island, LLC (Vision Properties)
(formerly Gilbert & Bennett Mfg. Co.)
-
1LD005109525
Log No. B-149-CA-20
Dear
John:
-
-
-
-
As
I
indicated
in
our
telephone call earlier today, we
are
representing Vision Properties
Blue
Island, LLC (“Vision”) with respect to the above-referenced
facility.
Enclosed herewith
are
copies of the following documents relating to this
facility:
-
1.
Letter
dated
December 28,
2004
(without
page
8)
from
Joyce
L.
Munie of the
Illinois
Environmental
Protection
Agency
(“IEPA”) to Vision;
2.
Letter dated
Jwiuary
7,
2005
from
Benjamin L. Kadish, Managing Member
of
Vision, to Joyce
Munie
and
others
at
JEPA
stating, among
other things,
that the
JEPA
letter
dated December 28,
20Q4
was
received
-
on
January
7,
2005
and was
missing page 8;
and
-
-
3.
Telecopier cover page
dated January
10, 2005
from William T.
Sinnott
II of IEPA
to
me, along
with a copy
ofpage 8 of
IEPA’s
letter datedDecember 28,2004.
The
IEPA letter dated December 28, 2004
states that Vision
has
35
days from the date of
mailing of that letter to petition for a
hearing
before- the Pollution Control Board to
contest
I~T
609309_I
DOC
-
~__~
B
-
WEINBERGIRICHMONO
LLP
-
Mr. John
Kim
-
-
January28,
2005
Page2
IEPA’s decision but that this 35-day period may be extended for up to 90 days by
written
notice
provided to the Pollution Control Board from Vision
and
IEPA
within
the 35-day
appeal period
I
understand
that,
in fact, the 35-day
appeal period
commences on
the date of Vision’s receipt of
the December 28, 2004 letter, not the date of
IEPA’s mailing of
that letter.
Further, please
note
that Mr.
Sinnott’s
notation on the telecopier cover page dated January
10, 2005
states that IEPA’s
letter
dated December 28, 2004 will be
reissued
and
that the 35-day appeal period
will
be based
on the reissued letter
and
not on the December 28, 2004
letter.
To date, Vision
has
not received
any
such reissued
letter
from IEPA.
-
.
-
-
IEPA’s
letter
dated December 28,
2004
addresses
many
technical aspects of the RCRA
-
Phas~
II
Supplemental
Investigation
previously
submitted
by
Vision’s
consultant
to
IEPA.
Vision objects to some of the IEPA determinations set forth in
the December 28,
2004
letter.
In
order to allow sufficient time
for
Vision
and IEPA
to
resolve
their differences
concerning the
issues
addressed
in
IEPA’s
December
28,
2004
letter,
Vision
requests
a
90-day
extension
of
Vision’s appeal
period with respect to IEPA’s determinations
in its December 28, 2004
letter.
Please send me confirmation
that IEPA will be
submitting this letter, along
with
IEPA’s
concurrence to the requested extension,
to the Pollution Control Board
within the 35-day appeal
period.
-
JTR/bfp
-
Enclosures
cc:
Benjamin Kadish (via email, w/enclosures)
-
-
Kenneth Liss (via email,
w/enclosuEes)
Mahlon T. Hewitt III (via email, w/enclosures)
-
Arnold
Weinberg, Esq
(via email, w/enclosures)
L
609309_I
.DOC
-
Very truly yours,
CERTIFICATE OF SERVICE
I,
the undersigned attorney at
law, hereby certify that on January 31, 2005,
I
served true
and correct copies of a
REQUEST
FOR NINETY DAY EXTENSION
OF- APPEAL PERIOD,
-
by placing true and correct copies in ploperly sealed and addressed
envelopes and by depositing
said sealed envelopes in a U.S. mail drop box located within Springfield,
Illinois, with sufficient
FirstClass Mail postage affixed thereto, upon the following named persons:
ILLINOIS ENVIRONMENTAL PROTECTIONAGENCY,
Respondent
~
Jo
J.Kim
Assistant Counsel
Special Assistant
Attorney General
Division ofLegal
Counsel
-
1021
North Grand Avenue, East
P.O. Box
19276
Springfie-1d, Illinois 62794-9276
217/782-5544
217/782-9143
(TDD)
Dorothy
M.
Gunn,
Clerk
Illinois Pollution Control Board
James
R. Thompson
Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
-
Timothy Ramsey
Weinberg Richmond LLP
333
West Wacker Drive
#1800
-
Chicago,
IL
60606-1288
