ILLiNOIS ENVIRONMENTAL PROTECTION AGENCY
217(782-6762

CONTINGENT AND LIMITING CONDITIONS
CONTINGENT AND LIMITING CONDITIONS

BEFORE THE POLLUTION CONTROL BOARD

RECEIVED

CLERK’S OFF

OF THE

STATE OF ILLINOIS

MiS

172405

BASIC WIRE

& CABLE

CO.,

)

Petitioner,

)

COntrol

Board

)

PCB No. 05-198

)

(UST Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

)

PETITION FOR REVIEW

Pursuant to

Ill. Adm.

Code

105.400

et seq.,

Basic Wire & Cable Co.

(“BWC”)

hereby requests that the Illinois Pollution Control Board

(“Board”) review the Illinois

Environmental Protection Agency’s (“IEPA”) April

11,

2005

final decision rejecting

BWC’s Corrective Action Completion Report.

In support ofthis

Petition, BWC

states as

follows:

Background

BWC has an industrial facility located in Chicago at

3900 N. Rockwell

St.

(the “Site”).

In January 2005, BWC

removed an old, unused gasoline UST at the Site.

BWC’s consultants observed

a potential leak from the UST.

BWC reported the potential release which received LUST Incident No.

20050025.

BWC then excavated contaminated soil from

around the UST and

did

post-excavation sampling.

The post-excavation sampling

data showed that the UST site

met residential Tier I criteria for the ingestion and inhalation pathways for all compounds

including lead and benzene.

For lead and benzene,

some ofthe data exceeded the

migration to groundwater pathway.

On March 3, 2005, based on the sampling, BWC

submitted a Corrective

Action Completion Report (“Report) to the JEPA

for the UST release at the BWC

Site.

In a letter dated April

11,2005

and received by BWC

on April

14,

2005,

JEPA rejected BWC’s Report because “the

extent of soil

contamination for benzene and

lead has not been defined.”

(See Exhibit A).

The JEPA’s letter cited no regulatory

authority

for this decision.

Although its

letter was conspicuously silent as to

regulatory authority,

JEPA told BWC’s consultant that the reason for rejecting the Report was based on the

Board’s proposed Part 734

regulations (Proposed Amendments to

Regulation of

Petroleum Leaking Underground Storage Tanks), which the IEPA staff interpret as

requiring the owner or operator of a site to

investigate and

delineate contamination in the

City of Chicago even if it is above the Tier

criteria only for the migration of

groundwater pathway but below those

criteria for all

the other remaining pathways.

(See

Proposed Sections 734.300, 734.3 10,

734.3 15, 734.320,

734.325 and

734.335).

On May 2, 2005, BWC’s

counsel, Raymond T. Reott, submitted

comments to the Board’s Hearing Officer for the Proposed Part 734 regulations,

regarding a potential

ambiguity with regard to the proposed requirements as they apply to

Chicago properties like the BWC Site,

where the City of Chicago groundwater ordinance

provides for an

institutional control, thus

obviating the need to

delineate contamination

which only is above Tier

criteria for the migration of groundwater pathway.

(See

Exhibit B).

On May 3, 2005, BWC made

a written request to the JEPA for an

extension of time by which to file a petition for review, asking the IEPA to join in

requesting that the Board

extend the thirty-five day

period for filing a petition to ninety

days.

JEPA joined

in this request, which

it filed with the Board

on May 20, 2005.

10.

On June 2, 2005, the Board granted the request and extended the appeal

period until August

17,

2005.

(Exhibit C)

11.

On August

10,

2005,

Mustari and Associates, Inc.

sent IEPA a letter

urging it to

reconsider its rejection of BWC’s Report.

(Exhibit D).

12.

The Proposed Amendments to Regulation of Petroleum Leaking

Underground Storage Tanks have not yet been completed, however the Board must

complete this rulemaking by February,

2006.

(See Exhibit E)

Grounds

for Appeal

13.

BWC challenges the IEPA’ s rejection of BWC’ s Report because the IEPA

is attempting to apply regulations that have not yet been promulgated, namelythe

Board’s proposed Part 734 rules.

The JEPA

lacks the authority to require compliance

with the not yet promulgated Part 734 rules.

14.

BWC

also challenges IEPA’s rejection of BWC’s Report on the ground

that BWC

should

not be required to

investigate and delineate contamination for its

Chicago Site, where the only contamination above residential Tier

standards

is for the

migration of groundwater pathway, which already is addressed

by the existing City of

Chicago groundwater ordinance

institutional control.

See 35

Ill. Adm.

Code 742.1015.

WHEREFORE, for the reasons stated above, BWC requests that the Board review

the IEPA’s

rejection of its March

3, 2005 Corrective Action Completion Report and set

this

appeal for hearing.

Respectfully submitted,

BASIC WIRE & CABLE CO.

By:

(?~~Q

One of its attorneys

Raymond T. Reott (#8440)

Jorge T.

Mihalopoulos

Reott Law

Offices, LLC

East Wacker Drive,

Suite

650

Chicago, IL

60601

(312) 332-7544

Dated: August 17, 2005

Certificate of Service

I, Raymond T. Reott, hereby certif~’that on August 17, 2005, I caused the original

and nine (9) copies ofthe Petition for Review to be filed with the Clerk of the Pollution

Control Board and

a true copy to be mailed by United

States Mail postage pre-paid to

John Kim ofthe Illinois Environmental Protection Agency,

1021 North Grand Avenue

East, Post Office Box

19276,

Springfield IL,

62794-9276.

Raymond T. Reott

04/20/OS

13:36

e773

539

3500

~OO1/0O3

ILLiNOIS

ENVIRONMENTAL

PROTECTION

AGENCY

7021

Nocn

C~ANDAWNU!

EAST,

P.O.

BOK

19276,

SPRJNCFIELD,

iLLINOIS

62794-9276,

21 7-782-3397

J.~as

THOMPSON

C~wta,

100

Wgsr

RANDOtPM,

Surit

11-300, Ci-ucAco,

60601, 312.814.6026

ROD

BtscoJFvlcH,

GOVERNOR

RENEE

CIPRI,cNO,

DRECTOR

217(782-6762

APR

Basic Cable & Wire

Phil Garoon

3900 North Rockwell Street

tThicago,IL

60618

Re:

LPC 0316050007— Cook County

Chica~d(3asjc

Cable& Wire

3900 North Rockwell Street

LUST Incident No. 20050025

LUST Technical File

Dear Mr.

Caroon:

CERTIFIED MAIL

-___

7002

315D

0000

1105

9143

TheIllinois

Environmental Protection Agency (Illinois EPA) has reviewed the Corrective Action

Completion Report (report) submitted for the above-referenced incident.

This report

was

dated

Maich 3, 2005 and was received by the Illinois EPA on March 4,

2005.

Citations in this letter

are from the Environmental Protection Act (Act), as amended by Public Act 92-0554 on June 24,

2002, and

Illinois Administrative Code (35 Ill. Mm.

Code).

Pursuant to

57.7(c)(4) ofthe Act and 35

Di. Adm. Code 732.503(b), the report is rejected for the

reason(s) listed below:

The extent ofsoil contamination for benzene and lead has not been defined.

An underground storage tank system owner or operator mayappeal this decision to the Illinois

Pollution Control Board.

Appeal rights are attached.

RoocPotD

—

4302

North

Main

Street, Rocldord,

61103

—(815)

987-7760

•

Dts

PiAJwrj

—

9311

W. Harrison

St.,

De~

Plalnes,

60316—1847)

294—4000

—595

South State, Elgin,

1160123—

(8473 606-3133

•

DEJA

—

3415

UnivenitySt

Peon.,

1167614—

(309)

693-5463

But~u

Ln.0

Psoli,

—

7620 N.

Unlvenlty SL,

Peoria,

61634

—(309) 693.5462

•

CHM,AIcIq

—2125 South

First Street,

Champaign,

ii.

61 820 —(217) 270-5800

Smcr,e~D

...

45005.

Sl*zh

Street

Rd.,

Springfield,

IL 6fl06

—(217) )‘~6-6892

•

COLLINS’1LLE

—

2009

MaIl

Street

Collinsyflie

IL 62234—

(618) 346-5120

MARIoN

—

2305W. Main

St..

Suite 116, Marion, IL 6299 —(618) 993-7200

PKINTID ON

tCYCLIP

PAER

~!T

L~J

04/20/05

13:36

e773

539

3500

~J002/003

Page 2

Ifyou have any questions or need fl~rthcr

assistance, please contact Scott Rothering at 217-785-

1858.

Sincerely,

at 1iL~

d~.

Clifford L.

Wheeler

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau ofLand

CLW~SRR\2OO5OO25

Ri. Mustari & Associates, Inc.

Division Pile

04/20/05

 13~36

 ‘3!773

 539 3300

 ~003/003

Appeal Rights

An underground storage tank owner or operatormay appeal this final decision to theIllinois

Pollution Control Board pursuant to Sections

40 and

57.7(c)(4)(D)

of’the Act by filing a petition

for a heaiing within

days after the date ofissuance ofthe final decision.

However, the 35-day

period maybe extended for a period oftime not to exceed 90 days by written notice from the

owneroroperator and the Illinois EPA within the initial

35-day

appeal period. Ifthe owneror

operator wishes to receive a 90-day extension, a written request that includes a statement ofthe

date the final decision was received, along with

a copy

this decision, must be sent to the

illinois EPA as soon as possib’e.

For information regarding the filing of an appeal, please contact:

Dorothy Gunn, Cletk

Illinois Pollution Con~olSoatd.

State offllinois Center

100 WestRandolph,

Suite

11-500

Chicago, IL

60601

312/814-3620

Forinformation regarding the filing

an extension, please contact:

Illinois

Environmental Protection Agency

DivisionofLegal Counsel

1021

North Grand Avenue East

Post Office Box 19276

Springfield, XL

62794-9276

217/782-5544

Raymond 1. Reott

Reott Law Offices,

LLC

Jorge T.

Mihalopoulos

312-332-7544

East

Wacker Drive,Suite

650

312-546-5078

rreott@reottlaw.com

Chicago,

Illinois

60601

jtm@reoffIaw.com

312-332-7545,

Fax

312-782-4519

May 2, 2005

Marie Tipsord

Hearing Officer

Illinois

Pollution Control

Board

100

W. Randolph,

Suite

11-500

Chicago, Illinois 60601

Re:

In Re Proposed Amendments

Regulation ofPetroleum

Leaking Underground

Storage Tanks; R04-22 and R04-23 (Consolidated)

Dear Ms. Tipsord:

Pursuant to the March

11, 2005 hearing officer order in the above rulemaking, I am

submitting these comments on the proposed rules.

By way ofbackground,

I am an environmental lawyer with over 20 years ofexperience.

I have appeared before the Board

and given oral and written testimony in a number of

rulemakings over the last ten years related to the U.S.T.

program

and

TACO

objectives.

Recent discussions with Illinois EPA personnel have uncovered a potential

ambiguity

which ought to

be clarified in the pending

Part

732

and

734 rules.

At several points

the proposed rules, the rules provide in substance something like the following: Unless

the owner or operator submits a report pursuant to

Section 734.210(h)(3) ofthis Part

demonstrating that the most stringent Tier

remediation objectives of35 Ill.

Adm.

Code

742 for the applicable

indicator

contaminants have been met, the owner or operator must

investigate the

site,

conduct corrective action, and

(See,

e.g.,

Section 734.300.)

The

ambiguity

created because some

the “most stringent

Tier

remediation objectives”

may be for pathways which have been severed by preexisting

institutional controls.

The

most important example would

in the

City

of Chicago where the

Tier

soil

criteria for

•the migration to the groundwater pathway have been met throughout the

City

by the

City’s

adoption

of (and the

Illinois EPA’s approval

of)

the

City of Chicago

groundwater

ordinance as an

approved institutional control

With regard to a site in

the City of Chicago, the Illinois EPA staff have expressed

concerns recently that the proposed Section 734 regulations would require the owner or

operator to investigate and delineate contamination which is above the Tier

criteria only

for the migration of groundwaterpathway but below those criteria for all the other

remaining pathways.

Essentially, the owner would be

delineating contamination that

already is addressed by the existing City of Chicago groundwater ordinance institutional

control.

Similar provisions exist in other places in the regulations such as Sections

734.3 10, 734.3

15,

734.320,

734.325

and 734.335.

There is no regulatory basis to require an owner or operator to delineate contamination

where the only pathway for which the contamination exceeds the most stringent

Tier I

remediation objectives is

a pathway which already is controlled by an existing

approved

institutional control. In other provisions in the proposed regulations, and in the Board’s

opinion in this matter, the regulations endorse the proposition that the failure to

use

available groundwater ordinances as an institutional

control may result in

certain

corrective action costs being ineligible for payment from the

find.

See the Board Note to

Proposed Section 734.410;

Section 734.630 (ccc). According to the Board’s February

17,

2005 opinion at page 21, the proposed regulations are intended to require owners or

operators to

use

a groundwater ordinance as an institutional

control if the ordinance

already has been approved by the Illinois EPA.

This prevents sites from

seeking

reimbursement for costs which

are unnecessary because ofpreexisting approved

institutional controls and

would seem to

be consistent

with

the overall purpose ofthe

rulemaking to

streamline the UST reimbursement program

and

to reduce requests for

unnecessary costs.

I suggest that the Board amend the proposed provision at

part

734.300 to provide as

follows:

“Unless the owner or operator submits a report pursuant to Section

734.21 0(h)(3)

ofthis Part

demonstrating that the most stringent Tier I

remediation objectives of35

Ill.Adm.Code742 for the applicable

indicator contaminants have been met for all

pathways not otherwise controlled by an

approved institutional control, the owner or

operatormust investigate the site, conduct corrective action,

and prepareplans, budgets,

and

reports in

accordance with the requirements of this subpart C.

The additional language is shown as an

underlined insert.

The Board should make

similar parallel revisions

to the other sections containing similar phrasing such as

Sections 734.3 10,

315 and 320.

In addition,

the exclusion from the recoverable costs contained in proposed Section

734.630(ccc) is too narrowly

drawn.

As currently worded, the exclusion relates only to

costs

“

associated with groundwater remediation” if a groundwater ordinance already

approved by the Agency for use as an institutional control in accordance with 35

Ill.

Adm. Code

742

can

be used as an institutional control for the release being remediated.

That provision ought to be slightly broader to make it clear that the excluded costs

include

costs “associated with

groundwater remediation or soil remediation if

1’, the

only

basis for the

soil remediation is the migration to

groundwater pathway and 2) a

groundwater ordinance already approved by the Agency would make the remediation of

the soil pathway unnecessary.” The current wording would appear to invite parties to

submit requests for reimbursement for soil remediation

costs where the only basis for that

soil

remediation would be the migration to

groundwater pathway already addressed by an

approved institutional control. This

could be

a very frequent occurrence within the City

ofChicago as well as the other communities around Illinois

which have adopted

groundwater ordinances approved by the Agency as institutional controls pursuant to

Section

742.

Because ofthe length of the proposed rule making and the various opinions and

submissions in this matter, it is possible that there are additional instances where the

same language

ought to be

conformed to the changes suggested above.

I suggest that the

Board staff conduct a comprehensive search ofthe pending rulemaking proposal

identi& any

such parallel provision which would

need to be conformed.

Sincerely yours,

Raymond T.

Reott

RTRI1d

CC:

Jorge Mihalopoulos

Rulemaking Service List

ILLINOIS

POLLUTION CONTROL BOARD

June 2, 2005

BASIC WIRE & CABLE,

)

Petitioner,

)

PCB 05-198

)

(UST Appeal)

ILLINOIS ENVIRONMENTAL

)

(90-Day Extension)

PROTECTION

AGENCY,

)

Respondent.

)

ORDER OF THE BOARD (by J.P.

Novak):

May 20, 2005,

the parties timely filed a joint notice to extend the 35-day period

within which Basic Wire & Cable may appeal

an April 11,2005 determination of the illinois

Environmental Protection Agency (Agency).

See

415

ILCS

5140(a)(1)

(2002);

ill. Adm. Code

105.402,

105.406.

Because the postmark date ofthe joint request is within the time for filing, the

joint request was timely filed.

ill. Adm. Code

101 .300(b)(2),

105.404.

The Agency rejected

the corrective action completion report for Basic Wire &

Cable’s leaking underground petroleum

storage tank facility located at 3900 North Rockwell Street, Chicago, Cook County.

The Board extends the appeal period until August

17, 2005, as the parties request.

See

415

ILCS

5/40(a)U)

(2002);

111.

Adm.

Code

105.406.

IfBasic Wire & Cable fails to file an

appeal on or before that

date, the Board will dismiss this

case and close the docket.

IT IS

ORDERED.

I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board,

certify that the Board

adopted the above order on June 2, 2005, by

a vote of5-0.

Dorothy

M. Gunn, Clerk

Illinois Pollution

Control Board

~IT

ftc

rID

rID

•:•

rID

(ID

Ccopyright

2005 It

Miistari

and

Associates, Inc.

All rights

reserved.

Page

~lT

L~J

August 10, 2005

ei& ~

12912 Forest View Road

4•

Palos Heights, IL

60463

Phone:

(708)

448-2910

Fax:

(708) 448-8792

rmustari~sbcglobal.net

File #04082TNK (O5OI6TNK)

Mr.

Scott Rothering

Leaking Underground Storage Tank Section

Illinois Enviromnental Protection Agency

1021 North Grand Avenue East

P.O. Box

19276

Springfield,

Illinois 62794-9276

Re:

Incident No.:

County:

City:

Site Name:

Site Address:

Dear Mr.

Rothering:

H2005-0025

Cook

Chicago

Basic Wire and Cable

3900 North Rockwell Avenue

In response to the rejection letter dated April

11,

2005,

RJM is asking youto

consider

our

opinion

regarding

the

additional

investigation

that

would

required

to delineate

the

extent

of benzene

and

lead contamination.

There

are

contaminate levels in

two (2)

samples that exceed

soil migration to Class

groundwater

for

benzene,

and

there

was

one

(1)

sample

that

slightly

exceeded

concentrations of inorganic chemicals in background

soils within

metropolitan

statistical

areas

for

lead

ppm

but

was

below

the

Residential Ingestion standard of 400ppm.

Modeling with only one (1) point

not

statistically

possible,

with

delineation

being

based

solely

unsupported

estimation.

From

the

soil

conditions

seen,

the

lack

groundwater table

in the

proximity of the

impacted

soils

and the

relatively

low levels reported by the laboratory, it is RiM’s opinion, based on the site’s

conditions,

that

contamination

below

the

above

cited

Site

Remediation

Objectives

(SROs)

would

reached

within

few

feet

of the

previously

measured sampling points.

Mr.

Scott Rothering

August

10, 2005

RiM

performed

RCBA

R-26

calculation,

using

conservative

assumptions,

even though

R-26

applies

to movement

of contaminates through

water, which

was not encountered, nor were there

any

indications

that

water table was

the

proximity of the bottom of the excavation.

RIM used

the highest benzene

soil

value

the

source,

which

overly

conservative value.

With

the

distance to the property line, there would

be no measurable benzene migration

offsite,

even

all

the

detected

benzene

already

was

the

water.

The

calculations

were performed using

Andrews

Environmental

Engineering, Inc.,

TACO Pro 2.0 software.

See Attachment

Calculations.

Lastly,

the

site

Industrial / Commercial,

and

it will remain

such

for the

foreseeable future, and the

site

is located in the City of Chicago, which has an

approved

Groundwater

Ordinance.

Therefore,

RiM

would

appreciate

your

consideration

in that

the

additional

costs

involved

in further

soil

borings

and

laboratory analysis

would

unnecessaiy, based

the

site’s

conditions,

and

that

Further

Remediation

letter

could

approved

with

institutional

controls,

requested

the

previously

submitted

Day

Report/Corrective

Action Report.

If you

have questions or require

further information, please feel free to contact

office.

Sincerely,

R. J.

MUSTARI

AND ASSOCIATES, INC.

Professional Design Firm

Professional Engineering Corporation

Robert J. Mustari II, PE

President

Enclosures

Copy to:

Mr.

Raymond

Reott, Attorney at Law

Mr.

Philip

Garoon,

Basic Wire

Cable

Mr.

Doug Clay, Illinois

EPA

RJMIJIts

Enviro Zip/O5O16TNK Letter

I .DOC

J. Mustarl

and Associates, Inc.

All

rights reserved.

Page

CONTINGENT AND LIMITING CONDITIONS

The

certification,

statements

and values

stated

this

report are expressly

subject to

the

following stipulations.

RJM assumes that documents, drawings and information provided to them by

other facilities

persons

are

accurate

and

correct.

RiM

assumes

responsibility

for the

errors

and

omissions of others.

RIM assumes no

responsibility

for the

legal

contents or information

which

may

could be

provided

any

governmental agency which

affects matters

stated

within this report.

RIM

will

not

required

testify

court

data

contained

herein,

unless

arrangements and/or agreements have been made.

The use

of any

fractional

part of this

report for purposes

other

than

that

described

the

purpose of this

report makes

it invalid.

Neither

all,

any

part of,

any

conclusions or values,

the identity of RIM,

its

employees or affiliates as pertaining to this

report will be conveyed

the public

through

advertising,

public

relations,

news,

sales

or media,

without the prior

written consent and approval of RuM.

The

physical

condition

the

improvements

described

herein

was

based

visual

inspection,

unless

noted

otherwise in

this

report.

No liability

assumed

for soundness

members,

equipment,

mechanical

otherwise,

soil

conditions,

without

proper

and

adequate engineering

tests

being performed, evaluated and

analyzed by

persons being fully

knowledgeable and

with proper educational background and expertise in

the specific field.

The recipient

ofthis

report has been

informed

of any tests which were made, including

said

recipient’s written approval for such testing.

If no

approval andlor

test data

are included in

this

report,

assumed

that

a visual

inspection

was the

only

basis for our opinion,

and that the findings herein are our personal opinion and only valid for the exact condition at

the time of the inspection.

The improvement

assumed

within the

lot lines

and,

except

as herein

noted,

accordance with local

zoning

and

building

ordinances.

Any

plots,

diagrams and

drawings

found herein are to facilitate and aid the reader in

picturing the subject property

and

are not

meant to be used as references in matters of survey.

CCopyright

2005 It

Mustarl and Associates,

Inc.

Page

CONTINGENT AND LIMITING CONDITIONS

The costs set forth

this evaluation are effective as of the date of inspection

as specifiedin

this report.

Due to the unstable cost of construction

material and

labor most

suppliers

have

included

clauses in

their estimates stating prices, including

tax

and freight, are effective the

date of shipment.

if action is not taken within 30

days after the date hereof, adjustment cost

factors should be added to make this

report current.

The costs

calculated and

stated

in this

report

are final

costs to

the owner and

include the

following:

(I)

contractors

overhead

and

profit,

(ii)

sales

tax,

(iii)

freight,

(iv)

workers’

compensation, and

(v) fire,

liability,

and

unemployment

insurance.

The

costs

also

include,

unless

specifically

stated

as a line

item,

architects and engineers fees

and

permits.

They do

not

include

contract management

fees.

The

contract manager

normally

used on

larger

projects, where special

conditions exist or when requested by the owner.

He represents the

owner and the owner’s benefits and, hence, his fee is normally paid directly by the owner.

RJIM1s

assessment

performed

conjunction with their assignment

and the dates developed

intended

description

and

evaluation

of the

information

available

that

date

and

location which is the subject of this report only.

RIM does not warrant against future operations, conditions

or findings nor do they warrant

against present operation

or condition of a type or at

a location not investigated and/or been

made aware of to them.

RIM does not warrant against any

change

in the environmental

characteristic change of the

site or surrounding property due to the passage of time.

RiM

performed

their

professional

services,

obtained

findings

and

prepared

recommendations

based

their

professional

opinion

accordance

with

standard

and

customary

practices

and

principles

acceptable in

the

environmental

science or engineering

fields at the time ofthe investigation.

CCopyright

2005 It

Mustari and Associates,

Inc.

All

rights reserved.

Page

(

CONTINGENT AND LIMITING CONDITIONS

RiM

is not responsible for the independent conclusions,

opinions or recommendations made

others

based

the

field exploration

and

laboratory

test data presented,

any,

this

report.

The

conclusions

set

forth

this

report

are

based

the

documents

specified

the

contingent

and

limiting

conditions,

with

only

the

specified

revisions

and

dates

being

applicable to

this

report.

Even though the reference plans

and

specifications have not

been

physically

included

this

report

in their entirety,

RIM considers them

integral

part

this

report and assumes construction will be/or is as described in the plans

and specifications

unless specifically noted in this report.

In addition to setting forth

the conditions, correlations and

estimates of value, the report

contains a description of the property that

is the subject of our report; a statement ofthe

various facts,

assumptions and conditions upon which the report was based; the valuation

nor conditions as of the date of our inspection, and our limiting conditions which relate to

the report.

The

portions of the report referred to herein are qualified in their entireties by

reference

to the complete report,

a copy of which is

in our

file and will

known as the

master copy

and is available for review upon request, in writing, to

any

personiwho inn

proper purpose in reviewing the same and

should not be relied upon except

inth&contextof

the

entire

master copy ofthe report which must be considered

as a whole.

The terms of our

engagement are

such that we have no

obligation to update this report or

reviseitinany

manner because of events

or transactions occurring subsequent to the date of such

report.

(~js

Mustarl and Associates, Inc.

Page

(

QUALIFICATIONS OF

ROBERT J. MUSTARI II

EDUCATION

University of Illinois:

Bachelor of Science

Civil Engineering

Two Years Graduate Work in Advance Structural/Geotechnical Engineering

One Year Graduate Work

in Business Administration

ENGINEERING EXPERIENCE

SINCE 1976

Full and part time design, technical

illustration, project management,

inspection

and

evaluation of structures, evaluation and environmental engineering,

equipment evaluation

and

expert witness for the

State of Illinois

CERTIFICATIONS

Federal EPA and Illinois Department of Public Health

Asbestos Abatement Program,

Asbestos

Inspector, Project Designer, Management Planner

OSHA

Hazardous Waste Site Worker, Hazardous Waste

Site Supervisor, Confined

Space

Entry and Confined Space Entry Rescue

Lead Inspector, Radon

Inspector

DESIGNATIONS & MEMBERSHIPS

Professional

Engineer,

State of illinois,

Indiana, Wisconsin, National

Society of

Professional Engineers;

illinois Society of Professional Engineers;

American Society of

Civil

Engineers;

American Concrete

Institute; ASTM;

BOCA; National Fire

Protection

Association

PARTIAL LIST OF CLIENTELE

(List furnished upon

request)

Real Estate Appraisers &

Consultants

Law Firms

Major Corporations &

Companies

LENDING INSTITUTIONS

Bank One

New York Life Insurance

Evergreen Community Bank

Principal

Financial Group

General Electric Investments Corp.

Fifth Third Bank

TCF Bank

The Northern Trust Company

Governmental Agencies

Federal Deposit Insurance Corporation

Resolution Trust Corporation

General Service Administration

United

States Postal

Service

United States Department of the Navy

Numerous City and Village Administrations

State of illinois

Attorney General, Office of Chief Counsel

Department of Transportation, Land Acquisition, Specialty Appraiser

Department of Transportation, Division of Water Resources

Mustarl and Associates, Inc.

All Fights reserved.

Page 6

QUALIFICATIONS OF ROBERT J.

MUSTARI

EDUCATION

University ofIllinois:

Mechanical Engineering

Graduate of Aeronautical University:

Chicago,

illinois

Bachelor of Science

Aeronautical Engineering

Graduate Studies: Washington University,

St. Louis,

Mo.

Mathematics, Structural

Analysis, Engineering Management

ENGINEERING EXPERIENCE SINCE

1957

Full time design, evaluation and environmental engineering,

engineering investigations,

structural

analysis, building site inspections, property condition

surveys, reserve

cost

studies, equipment evaluation, project management, construction ofprocessing

systems,

and expert witness throughout the United States and Puerto Rico.

Previous U.

S. Government Security Clearance

McDonnell Aircraft Corporation

Hurletron Corporation

CERTIFICATIONS

Federal EPA

and illinois Department of Public Health

Asbestos Abatement Program,

Asbestos Inspector and Management Planner.

OSHA Hazardous Waste Site Worker, Hazardous Waste Site Supervisor, Confined

Space

Entry

and Confined Space Entry Rescue

PARTIAL LIST OF CLIENTELE

(List furnished

upon

request)

Real

Estate Appraisers &

Consultants

Law

Firms

Major Corporations

& Companies

Lending Institutions

Bank One

New York Life Insurance

Evergreen Community Bank

Principal

Financial Group

General Electric Investments Corp.

Fifth Third Bank

TCF Bank

The Northern

Trust Company

Governmental Agencies

Federal Deposit Insurance Corporation

Resolution Trust Corporation

General

Service Administration

United

States Postal

Service

United

States Department of the Navy

Numerous City and

Village Administrations

State of illinois

Attorney General, Office of Chief Counsel

Department of Transportation, Land Acquisition, Specialty

Appraiser

Department of Transportation, Division of Water Resources

OCopyrlght 2005

It. J.

Mustarl

and

Associates, Inc.

All rights

reserved.

Page 7

QUALIFICATIONS OF TERRYL C.

SHEEHAN

EDUCATION

Benedictine University:

Bachelor of Science

Environmental

Science

CERTIFICATIONS

OSHA Hazardous Waste Site Worker

EXPERIENCE

Environmental consulting experience since 2003

including Phase I and Phase H

Environmental Site Assessment field investigations and

site characterizations.

PARTIAL LIST OF CLIENTELE

(List furnished upon request)

Real Estate Appraisers & Consultants

Law

Finns

Major Corporations

& Companies

Lending Institutions

Bank One

New York Life Insurance

Evergreen Community Bank

Principal

Financial Group

Fifth Third Bank

TCF Bank

General Electric Investments Corp.

The Northern

Trust Company

Governmental Agencies

Federal Deposit Insurance Corporation

Resolution Trust Corporation

General Service Administration

United States Postal

Service

United States Department of the Navy

Numerous City and

Village Administrations

State ofillinois

Attorney Genera!, Office of Chief Counsel

Department of Transportation, Land Acquisition, Specialty Appraiser

Department of Transportation, Division of Water Resources

©Copyright

2005 It

Mustari

and

Associates,

Inc.

Page 8

Tier 2 Remediation Objectives Datasheets

A. Site

Information

IEPA

Generator

Number (10 Digit):

0316050007

IEMA Number (6 Digit):

050025

Site Name:

BasicCable&Wire

Site Address:

S900NRockweIIIStreet

City:

Chicago

County:

Cook

Signatures

hereby affirm

that

 all information contained

this

form

true

and

accurate to

the best of my

knowledge and

belief.

I am

aware

 thatthere

are significant penalties

for submitting false

Information,

including the

possibility of fine and imprisonment for knowing

violations.

Owner (or Authorized Agent)

Name:

Mr.PhilGaroon

Title:

Signature:

__________________________

Operator (or Authorized Agent)

Name:

Same

Title:

Signature:

___________________________

Consultant

Name:

RobertJ.Mustari,P,E.

Consulting Firm:

R..J.Mustari&Assoc.,lnc.

Signature:

___________________________

Street:

1291 29ForestviewRoad

City/State/ZIP:

PalosHeights,

60463

Phone Number:

(708) 448-2910

Datasheet: RBCA Parameters

Parameter

Units

Value

Used

ATh

Residential

lndusblatlCommercial

Construction Worker

.115

ATc

Residential

lndustdal/Commerclal

construction Worker

d/yr

Residential

350

Industiial/Cornmerclal

250

construction

Worker

I (Infiltration Rate)

cm~#r

IRair

mS/d

IRsoil

mg/d

Residential

100

Indusbial/Cornmercial

Construction Worker

480

tRw

L/d

Residential

IndustrIal/CommercIal

100

mg/crn2

 g/cm2-s

 .000000000000069

RAFd

unltless

Volatiles

PNAS

.05

Metals

RAFo

unitless

aii2/d

3180

ThQ (Target

Hazard

Quotient)

unitless

TR (Target Cancer Risk)

unitless

,oooooi

Uair

cm/s

225

Ambient

Air Mixing Zone

Height

200

Groundwater Mixing Zone Thidness

200

Averaging Time

for Vapor Flux

946000000

Datasheet: Chemical Properties for the RBCA Equations

Chemical

Solubliity

Water (mg/L)

Diffusivity In Air

(cm2/s)

Diffusivity

Water

(cm2/s)

Henry’s Law

Constant

(unitless)

Organic Carbon

Partition

Coefficient

(cm3/~)

First Order

Degradation

Constant

(lid)

Benzene

1750

.083

.0000093

.228

58.9

.0009

Datasheet: Toxicological Properties for the RBCA Equations

Chemical

RIDo (mg/hg’d)

RIDI

(mgikg-d)

RfDs (mg/kg-d)

RtDis (rng/kg-d)

SFo

SF1

fl/(mg/kg-d)J

Benzene

.029

Datasheet: Physical Soil

Parameters for the RBCA Equations

Parameter

Units

Value Used

Soil

Bulk Density

g/crn3

1.7

Organic Carbon Content (Surface

Soil)

g/g

(unltless)

.006

Organic

Carbon

Conlent (Subsurface

Soil)

g/g

(unltless)

.002

Total

Soil Porosity

crn3/czn3 (unitless)

Volumetric Air Content

Vadose Zone Soils

cm3/crn3 (unilless)

.17

(Surface)

Volumetric Air Content

In Vadose Zone Soils

crn3/cm3

(unitiess)

.17

(Subsurface)

Volumetric Water Content in Vadose Zone Soils

cm3/cm3

(unitless)

.17

(Surface

Volumetric Water Content in Vadose Zone Soils

crnaIcm3

(unitless)

.17

(Subsurface)

Lower

Depth of Surficial

Soil Zone

100

Hydraulic Gradient

cm/cm

.01

Hydraulic Conductivity

anld

.0864

Source

Width

perpendicular to Groundwater Flow

3048

Direction in Vertical Plane

Source Width

perpenthcuiar to Groundwater Flow cm

3658

Direction

Horizontal Plane

Specific Discharge

cm/d

.0024

Groundwater

Daroy Velocity

crn4tr

.31536

Width of Source Area parallel to Wind

Movement

7310

Width of Source Area

parallel

to Groundwater

7310

Movement

Distance along centerline of plume emanating

22860

from

the

source

Longitudinal Dispersivity

2286

Transverse

Dispersivity

762

Vertical

DispersMty

114.3

unltless

6.8

Datasheet: RBCA Calculated

Values

of 2

Chemical

VFp

(kg/ma)

VFss

(kg/rn3)

VFsarnb

(kg/mS)

RBSLalr (residential)

(ug/m3)

Benzene

1.120867E-11

2.919192E-05

2.86304E-03

.2936782

Datasheet: RBCA Calculated Values

of2

Chemical

ks (surface)

(gig)

(subsurface)

(g/g)Ds(off) (surface)

Ds(elf) (subsurface)

LFsw (mg/L)/(mg/kg)

(cm2/s)

Benzene

.3534

.1178

1.859879E-03

1.859379E~O3

4.155081

Datasheet:

RBCA Source Concentration and Groundwater Impact

Chemical

Csource

(mg/I..)

Groundwater Impact C(x) (mg/I..)

C(x)/Csource (unitless)

Benzene

.33

ILLINOIS POLLUTION CONTROL BOARD

August

1,2005

IN THE MATTER

OF:

PROPOSED

AMENDMENTS

TO:

)

R04-22

R E

CE IV~

REGULATION OF PETROLEUM LEAKING)

(UST Rulemaking)

OLE

UNDERGROUND

STORAGE TANKS

(35

)

AUG

gI 7Th

ILL. ADM.

CODE 732)

)

TATE OF ILUNOIS

Pollution

CofltrO~

Board

THE MATTER

OF:

)

PROPOSED

AMENDMENTS

TO:

)

R04-23

REGULATION OF

PETROLEUM LEAKING)

(UST Rulemaking)

UNDERGROUND

STORAGE TAN(S

(35

)

(Consolidated)

ILL.

ADM. CODE 734)

)

HEARINç OFFICER ORDER

On July 27, 2005, the

Board

held

a hearing in this

matter

in Carbondale, Illinois.

..Atthat

hearing,

substantial testimony that

had

not been preflied

was

submitted by Mr.

Jay P.

Kockwith

United

Science

Industries (US!).

Both the Board

and the Illinois

Environmental

Protection

Agency (Agency) indicated thatafter reviewing the testimony, seen

for the first time at hearing,

there

may be

additional

questions

for USI.

Therefore, before the closeof hearing, the parties

agreed

that the Board

and

the Agencywill

file

any

additional question for USLbyAugusLl2,

2005.

The mailbox rule

does

not

apply.

USI

will

file

any

response by August 26,

2005,

and

the

mailbox

rule

will

not apply.

addition, US!

will

file by August

3,2005

a copy of USE’s

suggested rulemaking

language

changes, marking the changes

in the

text

of the

document.

The

mailbox

rule

does not apply.

All

final

comments

in this rulemaking

must

tiled

by September 23, 2005.

The

mailbox rule does not

apply.

The Board must complete this

rulemaking

February, 2006, and

therefore must

proceed

second

notice under the

Administrative Procedure

Act

ILCS 100/5

et. seq.

(2004))no later than the November 3,

2005

Board

meeting.

Because of the

tight

timeframe for Board

action, extensions of the

final

comment period will not begranxed..

IS SO ORDERED.

~4Iarie E.

Tipi~

Hearing

Officer

Illinois Pollution Control

Board

100 West Randolph, Suite 11-500

Chicago,

Illinois 60601

(312)

814-4925

~lT