BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ENTRY OF APPEARANCE OF JEFFREY W. TOCK
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY’S DECISION TO DENY
PETITIONER’S HIGH PRIORITY CORRECTIVE ACTION PLAN BUDGET

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

WEBB & SONS, INC.,

)

Petitioner,

)

PCB No.

vs.

)

(UST Appeal)

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE OF FILING

TO:

Ms. Dorothy Gunn

Clerk of the Board

Illinois Pollution Control Board

100 W. Randolph Street

Suite 11-500

Chicago, IL 60601

PLEASE TAKE NOTICE that I have today filed with the Office of the

Clerk of the Illinois Pollution Control Board an original and nine copies of an

Entry of Appearance and Petition For Review Of Illinois Environmental

Protection Agency’s Decision To Deny Petitioner’s High Priority Corrective

Action Plan Budget, copies of which are herewith served upon you.

Respectfully Submitted

WEBB & SONS, INC.,

Petitioner

BY: /S/

Jeffrey W. Tock

Dated: October 13, 2006

Jeffrey W. Tock

Harrington & Tock

201 W. Springfield Ave., Suite 601

P.O. Box 1550

Champaign, Illinois 61824-1550

Telephone: (217) 352-4167

vlb/Pleadings.jef/HDC/Webb&Sons-NoticeFiling

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS ENVIRONMENTAL

ENTRY OF APPEARANCE OF JEFFREY W. TOCK

NOW COMES Jeffrey W. Tock, of the law firm of Harrington & Tock, and

hereby enters his appearance on behalf of Petitioner, WEBB & SONS, INC., in the

above-referenced matter.

Respectfully Submitted

Dated: October 13, 2006

Jeffrey W. Tock

Harrington & Tock

201 W. Springfield Ave., Suite 601

P.O. Box 1550

Champaign, Illinois 61824-1550

Telephone: (217) 352-4167

vlb/Pleadings.jef/HDC/Webb&Sons-EntryApp

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS ENVIRONMENTAL

PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY’S DECISION TO DENY

PETITIONER’S HIGH PRIORITY CORRECTIVE ACTION PLAN BUDGET

NOW COMES the Petitioner, WEBB & SONS, INC. (hereinafter “Petitioner”),

by and through its attorneys, Harrington & Tock, and, pursuant to Sections 40 and 57.7 of

the Illinois Environmental Protection Act (“Act”) (415 ILCS 5/40, 5/57.7), and 35 Ill.

Admin. Code Part 105, hereby requests review of the decision by the Respondent, Illinois

Environmental Protection Agency (“Agency”), to reject the Petitioner’s Corrective

Action Budget Proposal. In support of this Petition, the Petitioner states as follows:

1. Petitioner, an Illinois corporation, is the owner of certain real property located at

1201 DeWitt Avenue, Mattoon, Illinois, hereinafter referred to as the “Site”.

2. Petitioner was the owner of underground storage tanks (“USTs”) formerly located

at the Site.

3. Petitioner submitted to the Agency its Corrective Action Plan and Budget for the

Site on August 18, 2006. A copy of the Corrective Action Budget Proposal as

submitted to Respondent is attached hereto as Exhibit “A”.

4. The Agency approved the Corrective Action Plan (“CAP”), with slight

modification, on September 12, 2006. No appeal is being taken as to the approval

of the CAP with modifications.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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5. By the same letter dated September 12, 2006, the Agency rejected the proposed

Budget for the reasons listed in Attachment A to that letter. A true and accurate

copy of that letter, with attachments, is attached hereto and made a part hereof as

Exhibit “B”.

6. Also attached to the Agency’s September 12, 2006 letter was a page captioned

“Appeal Rights” which stated that “An underground storage tank owner or

operator may appeal this final decision to the Illinois Pollution Control Board…

within 35 days after the date of issuance of the final decision”.

7. This Petition to review the Agency’s rejection of the proposed Budget is filed

within 35 days from September 12, 2006.

8. Section 1 of Attachment A to the Agency’s letter of September 12, 2006 states as

follows:

“As a result of the Illinois EPA’s modification(s) in Section 2 of

this attachment, the following amounts are approved:

Field Purchases and Other Costs

Handling charges will be determined at the time a billing package

is reviewed by the Illinois EPA. The amount of allowable

handling charges will be determined in accordance with Section

57.8(f) of the Environmental Protection Act (Act) and 35 Illinois

Administrative Code (35 Ill.Adm.Code) 732.607.”

9. Petitioner accepts and does not appeal the budget modifications made by the

Agency for Investigation Costs, Field Purchases and Other Costs, and Handling

Charges.

10. Petitioner does appeal the Agency’s rejection of all Personnel Costs.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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11. The Agency stated in paragraph 3 of Section 2 of Attachment A to the September

12, 2006 letter as follows:

“3. $103,360.00 for personnel costs deemed unreasonable. Such

costs are ineligible for payment from the Fund pursuant to 35 ILL

Adm. Code 732.606(hh). The Agency is requesting an hourly

breakdown of each task performed by each job title in order to

make a more thorough review of the proposed personnel costs.”

12. 35 Ill.Adm.Code 732.606(hh) states as follows:

“Costs ineligible for payment from the Fund include but are not

limited to: … (hh) Costs proposed as part of a budget plan that are

unreasonable; …”

13. The proposed Budget submitted by Petitioner to the Agency on August 18, 2006

contained the following Personnel Costs:

(a) Pages G-1 and G-2 of the Budget contain a detailed breakdown of the

costs, hours and personnel associated with High Priority Investigation

and Preliminary Costs. That category is broken down among eight

different personnel, a description of the specific tasks to be performed

by each person, the number of hours attributable to each person, the

hourly rate of that person, and total dollars allocated to each person.

The hourly rate for each designated person is less than the hourly rate

approved by the Agency pursuant to the Agency’s Rate Sheet attached

hereto as Exhibit “C” (the Draftperson referred to in the Proposed

Budget is a Draftperson/CAD III).

(b) Page G-2 of the proposed Budget contains a detailed breakdown of the

costs, hours and personnel associated with CAP Implementation (dig

and haul). That category is broken down among five different

personnel, a description of the specific task to be performed by each

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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person, the number of hours attributable to each person and the hourly

rate and total dollars allocated to each person. The hourly rate for each

designated person is less than the hourly rate approved by the Agency

pursuant to the Agency’s Rate Sheet attached hereto as Exhibit “C”.

breakdown of the costs, hours, and personnel associated with

Additional Well Monitoring/Well Replacement/TACO Sample

Collection. That category is broken down into three different

personnel categories with a description of the services to be performed

by each person, the number of hours allocated to each person and the

hourly rate and the total cost of services for each person. The hourly

rate for each designated person is less than the hourly rate approved by

the Agency pursuant to the Agency’s Rate Sheet attached hereto as

Exhibit “C”.

(d) Pages G-2 and G-3 of the proposed Budget contain a detailed

breakdown of the costs, hours, and personnel associated with CACR

Report/HAAs/Reimbursement. That category is broken down into

four different personnel categories with a description of the services to

be performed by each person, the number of hours allocated to each

person and the hourly rate and the total cost of services for each

person. The hourly rate for each designated person is

less than the

hourly rate approved by the Agency pursuant to the Agency’s Rate

Sheet attached hereto as Exhibit “C”.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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14. This detailed breakdown of the costs/hours/persons associated with High Priority

Investigation and Preliminary Costs, CAP Implementation, Additional Well

Monitoring/Well Replacement/TACO Sample Collection and CACR

Report/HAAs/Reimbursement is a method that has been used by HDC

Engineering LLC, the engineers for the Petitioner, on numerous projects that have

been approved by the Agency.

15. It was arbitrary and capricious of the Agency to reject Petitioner’s Budget

proposal based upon an alleged lack of a detailed breakdown of all hours

associated with each task, given the level of detail stated in the proposed Budget.

16. It was arbitrary and capricious of the Agency to reject Petitioner’s Budget

proposal based upon the Agency’s objection to an alleged lack of detail when the

Agency has approved this same format as used in proposed budgets for other

projects.

17. Petitioner seeks review of the Agency’s September 12, 2006 rejection of the

Personnel Costs set forth in Petitioner’s Budget proposal.

WHEREFORE, Petitioner, WEBB & SONS, INC., respectfully requests that the

Illinois Pollution Control Board grant the following relief:

1. Find that the Agency’s September 12, 2006 rejection of the Personnel Costs

section of the Petitioner’s Budget proposal was arbitrary and capricious and

without statutory authority;

2. Reverse the Agency’s decision to reject the Personnel Costs section of the

Petitioner’s Budget proposal;

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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3. Remand this matter to the Agency with instructions to approve the Petitioner’s

Budget proposal as submitted, except for the modifications for Investigation

Costs, Field Purchases and Other Costs, and Handling Charges;

4. Award the Petitioner his engineer’s fees, attorney’s fees and expenses incurred in

bringing this action; and,

5. Award such further relief as deemed just and equitable in these premises.

Dated: October 13, 2006

Jeffrey W. Tock

Harrington & Tock

201 W. Springfield Ave., Suite 601

P.O. Box 1550

Champaign, Illinois 61824-1550

Telephone: (217) 352-4167

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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EXHIBIT

"A"

BUDGET AND BILLING FORM FOR

LEAKTNG UNDERGROUND STORAGE

TANK SITES

A. SITE INFORMATION

Site Name: Webb 8: Sons, Inc.

Site Address: 1201 DeWin Avenue

IEPA Generator No.: 0190255079

IEMA

Incident No.: 93 1126 and 20021577

IEMA Notification Date: Mav 7. 1993

Date this Form

was

Prepared: August 2006

This form is being submitted

a5

X Budget Proposal

Budget

Amendmen1 (Budget Amendmerrts must include only the cost?

over the previous budget.)

Amendment Number:

Billing Package for costs incurred punuant to 35 Illinois Administrative

Code

(IAC). !'an 732 ("'new program").

This form is being submitted for the Site Activities indicated below (check one):

Early Action

Site Classification

Low

Priority Corrective Action

High Priority Corrective Action

Other (indicate activities)

NOT

SUBMIT WEW PROGRAMn COSTS

AND 'OLD

PROGRAM" 

COSTS AT

TlIE

SAME

l'lhlE.

TAE

SAME FORMS.

A-1

This fonn

must

submitted in

duplicate.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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IEMA No. OillZO.

2ot171577

If eligible for reimhmmenL where should reimbursement checks be sent? Pleas note that only owners or operaton

of USTs may he eligible for reimbursement. Therefore, payment can only he made to an owner or operator.

Pay

to the order of: Webh

Sons. Inc.

Send in care of:

HDC

Eneincerine

Address: 201 W. S~rinefield Avenue. Suite 300. P.

0.

824

Number of Petroleum USTs in ILlinois presently owned or operated by the owner or operator;

my

subsidiary,

parent or joint stock company of

the owner or operator: and any company owned hy any parent, subsidiary or

joint stock company of the owner or operator:

Fewer than 101:

10 1 or more:

Number of USTs at the site:

(Number of USTs includes USTs presently at the site and USTs that have been

EMA:

assiped lo the site due to releases fiom USTs: 931 126 and 20021577

Plcnse list all tanks which have ever been located at the site aod

are

presently located at the site.

tank 

tank

Yes

A-2

This 

form must be submined in duplicate.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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IEMA NO. ~11116.

?1~ri:i~7

PROPOSED BUDGET

SUMMARY AND BUDGET TOTAL

I.

Investigation

Costs: $4.432.75 

2. Analysis Costs: 

1.779.47 

Personnel Costs: S 

103.360.00

4.

Equipment

Costs:

1.000.00

5.

Field Purchases and 

Chher

Cons: 

133,425 67 

6.

Handling Charges:

S 7.496.66 

TOTAL PROPOSED BUDGET

= %

244,119.62

B-1

This fonn must

he submitted

in duplicate.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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IEMA

Xo.

'431 1

Zh.

2002157i

E. TNVESTIGATION COSTS

Costs

This includes the costs for drilling labor, drill rig usage. and other drilling equipment

Bonngs which are to be completed as monitoring wells should be listed here. Costs associated with

disposal of cuttings should not he included here. An indication must be made as to

\vhy

each boring i!

heing conducted (i.e.. classilication. monitoring wells. miption

pnthway).

2bonngs lo

15

feet

feet to be bored for monitorine wells

Lborings to

6

feet

feet to be

bond 

bond

Ft bedrock to be bored

horings

through

A of bedrock

Ft bedrock to be bond

Total

Feet bedrock to be Bored:

'Ihis

form must

bc

submitted

dudicate.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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IEMA No. 9.31126,2flll21277

Profesionsl Services

(e.g.,

P.E., geologist)

These costs must be listed in Section

ihc

Personnel

section of the

fonns.

Monitoring Well Installation Materhl~

Cosls listed here

must be

costs awociated with well casing.

well screens. fitter pack

annular senl,

surface 

seal, well covers, etc.

List ithe

items below in a time and

materials format.

Disposal Costs

This includes the cosu for disposing oiboring cumngs and

any

water

gmmted while

performing

borings or installing wells.

Disposal of Cuttings:

x 9;

205.5X   

p~drum=%411.16

Tramsportation Contq:

Describe how the watmisoil will be disposed:

Drums

waste

Costs:

rnoa

sobrnitted

duplicate.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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IEMA

No.

9.lll2h. 20021277

F.

ANALYSIS COSTS

Physical Sail Analysis

This must only include

g&&

costs for classifica!jon of soil types at the

site

LMoisturc Conlent samples

Soil Classification samples

R

per sample

= $

Indicate method to be performed..

Soil Particle Size samples

per sample

= $

Ex-sim

Hydraulic

Conductivity/Permeability 

samples

R

per sample

6

Indicate the method to be performed:

Rock Hydraulic

ConductivityPnmeability samples

x

per sample

S

Natural Organic Carbon Fraction

(foc)

samples

per sample

= %

Indicate the ASTM or SW-846 method to be performed:

per

k

This must be for laboratow

only.

ABTEX

samples

54.12

per

6

LUST Pollufanu: samples

per wnplc

F-1

This

form must be submitred in duplicate.

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IEMA NO. 93ll.26, ?0(121577

2H

Sample.q

per sample

= $

IPaint Filter samples

14.39

97.65

$97.65

nren 

for metals]

1Flash Point samples

x

33.92

per sample

= $

33.92

Lab andior Field Bank samples

per

pcr

74.00

Carbon 

s23.M

Analyair

Coats

-This muat be for labontory

only.

LBTFX samples

x

$52.15

per

sample

S

365.05

LUST Pollutants .samples

per

sample

= .$

aH

Samples

x

andlor

x

per sample

= $

samples

x

TOTAL ANALYSIS COSTS

1.779.47

F-2

This form

most be

submitted 

in duplicate.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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IEMA No.

93llZh. 

201111577

PERSONNEL

All personnel corn that are not included elsewhere in the budgethillin? form mut be lkted

hen. 

Costs mu?!

be listed per

task.

not personnel

type. 

The following

are

some examples of tasks: Drafting, data wllection.

plan. report or budget preparation for (i.e., site classification work plan 45 day report, or high

priority con-ective action budget), sampling, field oversight for

(i.e.. drillinpiwell installation.

corrective action. or early action), of

mnintenancc of

The above list is not inclusive of all

possible tasks.

High Prioritj~ In~sesrigarion and Preliminanr Costr

Senior Proiffit Manaeer

453

hours

9;

Task to he performed for the above hours: hiect review. ovcrsiehl and supervision: pmiect development:

two

LUST moiect aoneals; subcontractor quotes and availabilitv. Corrective Act~on olamunr

x S

per

Ta~k to be performed for the above houn: Corrective Action

dannina:

two LUST omiect a~peals:

development of hieh ~rioritv olanq: CAP and hud~et oreoaration: cllent meednea: IEPA liaison: budget review

be performed for the ahove horn: Corrective Action ~larmtne:

two

LUST 

proiect appe

devellnment ofCAP and hudeet: TACO T~er 11

calculattp!!s~~.anaI~~;~~tc~c~nta.m~nn~~~~~~smrn~ 

and

Senior Scientist

150.00 hours x $83.00

Task to be performed for the above hours: Corrective Action Plan

urmaralion.

TACO Tier I1 nnalwis. budeet

reparation. ELUC and Hiehwav Authoriw Aueements (HAAS) assessment, development of rcniediation

obiecrives. RRCA modelinc. develonmenl of corrective action nleasurcs

Task to be performed for the above hours: Rewnim and field work related to corrective action

Task to be performed for the above hours:

Rmninr! and field work related to corrective action

This form

most

mubmlttcd in duplicate

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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lEMA No.

Y3ll?0.2~M215 

Task to be performed for the above hours:

Development of site plans

Technician

9.50

houn x

S

Task to be performed for the above

hours: 

Field

work 

related to measurement% and

dam

collection for CA

CAP Implementation (dig and haul)

Senior

Pmiect

Manaeer

hours

x R

100.00

per

hour

$800.00

(Title)

Task to be performed for the ahove hours: Excavation and bacldill coordination and plannine: scheduling

Professional

Eoeinee~

horn x

$100.00  

pa hour

S 400.00

(Tide)

Task to be performed for the above hours: Excavation and backtidl coordination and management

Task to be performed for the above hours: Excavation and backtidl sunmrisioh manifestine. soil mnlmg

Ifi

Task to be performed for the ahove hours:

Excavation and

hacffill swminion soil samplinc

Task to be performed for the above hours: Excavation and haclbdl supewision. mi1 oilline and ~h'iini

Additional Wall MonitoringnVell Replacement~TACO smnple collection

Senior Scimtist

: i?

hours

S

117.00

per

hour

$696.00

(Title)

Ta3k to be performed for the above hours: cooniiition plannine. supervision of field work

G2

Thifi

form must 

be submitted in duplicate.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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IEM.4 No.

931

126.

2(H121577

Scientist

ID

Task to be pnformed for the above hours: monito~e well smline. well replacement. develoomenr

survey

abandonment coordination

Environmental Technician 1

Task 

to be performed for the above hours: monitorine well

samline.

well mlacement. develo~mmt, survev

CACR Repori/HAAs/Reimbu~~ements 

Senior Pmiect Manseer

Tnsk to be performed for the above how: CACR ~renaration and

revim~ELUC

and HAA nrerraration.

reimburnemenl ore~aration

performed for the above hours: CACR preparation: renonine: oroieet desirn and development: final

Tier

I1 TACO

risk 

.kenssrnent and review:

H.4A

vrmamion: P.E. review and completion

and

cen!iication of

CACR and two conecrive acrion reirnburseme~

Is: desicn and overs~eht

per

R

8.W4.00

(l'ltle)

Task to

performed for the above houn: DraR-aandfiuh.mil-Hk4:

whit to clienl for review and_s~pa~m;

!~~~QT~I~.m~-l.iai.son:

F~MI TACOOTi~r_ll~a~scssmen~

and rnodel~n~.

p~~amt&andubm~ttsl~~l:(:;\(:~;

lEP&client liaison: client meetines for ha1 reoon. Prenara~ion oftwo corrective action reimhunement subnu.h&

Scientist

Ul

k

performed for the above hours: Filine of

NFR

letter,

coordination and decommisrionine of the Site's

seven

17)

moundwater monitorina wells

TOTAL PERSONNEL COSTS:

104.637.00

This form

must

be

submitted

in duplicate

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

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IFMA No.

93112h.

2ln111577

H.

EQUIPMENT COSTS

All

equipment

used

must be listed

below

in a

time 

and

materials formal. Handling charges should not be

added here:

use

Section J.

H-1

This form

must

be submitted in duolicate.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

IEMA

No.

Y31120,

?00?1577

Subtotal Page

H-?

2

Total (Pap F1-I and H-2)

SQOO.(HI

H-2

This

form must

be submined

in duplicate.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

IEMA

NO.

931

I?(>.

20n21577

FIELD 

PURCHASES

AND

OTHER COSTS

AU

field purcha$es must

listed

helow in a timeand materials

format.

Handling charger must

not

he added

here; use

Section J, HandIing Charpes to cslculate the handling charges.

1-1

This tnrm must

be

submitted in duplicate.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

Other

Costs

listing and description of all other cosh which will

beiwere

incurred and

are

not speeificnllv

listed on this form should be nnached The listing should include a cost breakdown in

timc

and materials

format

1-2

This

form 

must he submitted in duplicate.

Contaminated water disposal

Asphalt

(6'3

Yes

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

Engineered

Bania

(4")

244

ft:

2.451p

597.80

Yes

Murle

Roy

Completion of WCA excavation

aclivilies

EAICA

Certified 

Mail

reporting

Shimine

lab samules

Subtotal Page I-? $4,303.70

Well

abandonment (seven

I-?

TOTAL OTHER COSTS

S 133,425.67

1-3

form

submittcd in duplicntc.

1.192.50

1.027.00

Ycs

Yes

100.00

257.00

10.2RIR.

1.07P.40

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

IEMA No. 931120, ?0(17_'l~77

RANDLING CHARGES

Handling charges are eligible for payment on st

equal to or less than the

amount?

determined by

Subcontractor or Field

Purchase Cmt

Subcontractor Charfles

lr billings and/or field purchaves only if they are

ing table:

Eligible Handling Charges as

Percentage of Con

aml.

R%

of amt. Over

15.000

$4.400

5% of amt. Over $50.000

$6.900

2% of amt. Over $100.000

I in

thest

s

where

.. .

Sublotal Page .I-1: $1 29.833.1

Sectiol

Form

J-1

This

fnrm must

he

submined

in dualicate.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

lEMA No. 431130,

?(H)= 

R.

Field Purchase

Field Purchase Amount

Subtotal

Page J-2

Total Pages J-l and J.2 $129.R33.1_4

Handling Charge*:

$7.496.66

'Usc chart at top of Pagc

M-1

to calculate the allowable handling charge.

Copies of invoices for

fiubcontractor costs and receipts for field purchases are required for hilling mbmirsions

This

form most

be

submined in duplicate.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

IEMA No. 011120.2(1l121577

L.

HIGH PRIORITY CORRECTIVE ACTION

Comctive Action at High Priority Sites may involved both soil and gToundmter mediation Below provide a

summary of cosw for the mediation

type(s) 

chom

and

attach the appropriate sections of the hudgetih~llrng

fomxs lo support the

summary

of costs.

Preparation of the Correction Action Plan

Invc(~tigntion Costs:

IF.

Field Purchases and Other Costs:

k

213.45

Handling Charges:

k

1.64

Groundwater Remediation

Purchqes and 0th Costs:

Handling Chqes:

Of the above COSIS. please provide

maintenance (O&M). if applicable

a break do

a7

Icques

urn

of the c

red helow:

.osm associated with operation and

Months 

of Om

x z

per month

Excavation and Disposal

Analyis Costs:

1.282.48

Personnel Costs:

S

5.474.00

Equipment Costs:

600.00

Field Purchases and Other Costs:

9;

83.985.62

Handling

Charges:

S

5605.43

Of the above costs, please provide a hreak down of the costa aqsocia~ed with excavation

transponation and disposal as requested belomy

.yards3

vards'

S

per

S

Di.spnsal:

vards'

per yards'

k

Included in Excavation cost.

This form must

submitted in duolicnte.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

IEMA No.

9.1

I I?h.

20021:

Alternate Technology, Type

Investigation Costs:

1.

Analysis Conts:

Persormel Corns:

Equipment Costs: 5

Field Purchases and Other Coats:

Handling

Charpen:

Of the above costs. please provide a break down of the following coats as requested below if

vardq3

Treatment:     

vard?

per yards3

= $

Operation and Maintenance (O&M):

O&M

Colts

E

2.398.00

Equipment Corn:

0.00

Field Purchases and Other Costs:

26.892.48

Handling

Charges:

935.14

Of the ahove costs. please provide a

break 

down of the follouing coats as qeyted below

20.56

yards' 

6 26.892.48

L-2

This form must be submitted

duvlicate.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

OwnerlOperator and Licensed Professional EngineerlGeologist Budget

Certification Form

I hereby certify that I intend to seek payment from the UST Fund for costs incurred while performing corrective action

activities for Leaking UST incident

931

126120021577

. I further

cetii

that the costs set forth in this budget

are necessary activities and are reasonable and accurate to the best of my knowledge and belief. I also certify thal

the

costs

included in this budget are not for corrective action in excess of the minimum requirements of

415

ILCS

5/57, 

no costs are included in this budget that are not described in the corrective action plan, and no costs exceed

Subpart

H: Maximum Payment Amounts, Appendix D Sample Handling and Analysis amounts, and Appendix E

Personnel Titles and Rates of

35

111. Adm. Code

732

or 734. 1 further certify that costs ineligible lor payment from the

Fund pursuant to 35 111. Adm. Code

732.606 

or 734.630 are not included in the budget proposal or amendment. Such

ineligible costs include

but are not limited to:

Costs assodated with ineligible tanks.

Costs associated with site restoration

(e.g., pump islands. canopies).

Costs associated with utility replacement (e.g.. sewers, electrical, telephone, etc.).

Costs incurred prior to

IEMA notification.

Costs associated with planned lank pulls.

Legal fees or costs.

Costs incurred prior to July

28.

1989.

Costs associated with installation of new USTs or the repair of existing USTs.

Authorized

RepreSentati~e:

Mle: 

Signature:

Data:

17-66

Subscribed and sworn to before me the

certify

under penalty of law that all activities that are the subject of this plan, budget, or report were

conducted under my supervision or were conducted under the supervision of another Licensed Professional Engineer

or Licensed Professional Geologist and reviewed by me; that this plan, budget, or

repon and all atlachments were

prepared under my supervision; that, to the best of my knowledge and belief, the work described in the plan, budget.

or report has been completed in accordance with

the Environmental Protection Act

[415

ILCS

51.

35 111. Adm. Code

732

or 734, and generally accepted standards and practices of my profession: and thal the informalioq~qf~d

accurate and complete. I am aware there are significant penalties for submitting false

[415

5144

57.1T]. 

imprisonment or both as provided in Sectim>&%o

e.

E

7-k:

L.P.E.1L.P.G. signature:-

Date:

B/'o/o~

% '..

. .

.L

2

I,,.

subscribed and sworn to

wore

/~l+4

.N~v

stab

The Illinois EPA is authorized to require this information under 415 ILCS

required. Failure to do so may result in the delay or denial of any budget

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

. -

PREPR-

37.7US4114

Webb

&

?am, JlIL 

ai7.- 

RSsmmua

In

Re!

Fdiy

No.

4-028243

-7-7BE-1011

IgMA 

hddmt

Na

93-1

126

msmmw7m

Webb

Sonr,

Inc.

, .\

FD~A~R(

1201

Dewia

&.,

h~ot~h~hbr-tbsU~~TsnLYmdElb4~~ 

feqmmmkarr*

Thsl~akdoasootmaPfnfadaslrhat~

Mocm 

Fucl

TAU

Uw,

TbcahrvsroWaptdda-rehofsnyoi(hcbolloriagWar: 

%F,tisdsilasdinSaodcm

1.19ofth:Mohrr~T~~ 

AVMmfllt]

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

Ud~rMDhbsrbssnmdntdb&dMsdinrmotor*sbicls,n~inSstio~ 

13

drhs

Mamr Fuel Tax

Law.

?hsowncrer~~lbs~mdpoidrI1fGsshllaaordmee~che~md

ro$lllmryqnbmda

dm

OIsoline Range

Act

Theomcror~notifiedtb~BmeabacyMrm~A~ofa 

m&mdrolaa,tha

oostrrvaa~li\sr~n~~d~c~~adofaml~ofncPlhshocsWin 

tbi. 

Section.

Cwr6

ofcamdivc

hotion

' '. .'

rion insmrad

bafom

pmviding

that

noilllc6tian

sfun

wr-be

elighlc

hr

paymem

.. .. . .

~canaimrrst&~daidonuicmkb*my~la~~ddedncdbfliy.

change

skadd

infamaim

would

ohmgo

the

dcreamirmim

kooms 

milable.

cmdergrmmd

@om!@

tauk om~er

or opwtDrmay appcd

tho decision

tfre 

Boud

to Sscdon 

57.9 (c) (2).

An

owner w

opantw

who

seeks

tiu: 

dccidnn

ahlllWeapctinonfma~b&bBoadahhm35&ysoftbc&~ot~gof~fmaikir1oa.(35 

mi8

Amninjwpdvivc

Codc

105.1M(a)

(2)).

---

IIhwia

Polhzba

Chtm1

Board

SwnafIllinoiECanclar

100

Wsrt Rad~lph

Mb

11-500

Omgo,

Illinois

60601

(312) 

814-3620

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

EXHIBIT "B"

ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY

1021

NORTH

GRAND

AVENUE EAST. P.O.

BOX

19276, SPRINGFIELD, ILLINOIS 62794-9276

121 71 782.3397

I~ES

THOMPSON

CENTER.

100 WEST

RANDMPH, SUITE 11-300, CI~ICACO,

IL 60601

I31

014-6026

ROO

~LACOIEVICH,

GOVERNOR

DOUGLN

P. SCOTT, DIRECTOR

CERTIFIED MAIL

7004

2510 ODD1

8587

383q

LUST Incident No. 2002 1577

93 1126

LUST Technical File

RECEIVED

SEP

1 3

2006

HDC ENGINEERING

Dear Mr. Webb:

The Illinois Environmental Protection Agency (Illinois PA) 11% reviewed the Corrective Action

Plan (plan) submitted for the above-referenced incident. This plan. dated August 18,2006, was

received by the Illinois EPA on

Auyst 23, 2006. Citations in this letter are from the

Environmental Protection Act (Act). as amended

hy Public Act 92-0554 on June 25,2002, and

Illinols Administrative Code (35 Ill. Adm. Codc).

The Illinois EPA requires modification of the plan; therefore, the plan is conditionally approved

with the Illinois EPA's modifications. The following rnodificatiolls are necessary. In add~tion to

those provisions already outlined in the plan. to demonstrate compliance

will? Title ;\?;I of the

Act (Sections

57.7(b)(2) and S7.7(c) ofthe Act and 35 111. Adm. Code 734.50S(b) and

731.5

0(a)):

Bases on the use of the Tier

inhalation remediation objective obtained for benzene and

use

of the on-site groundwater use restriction. the need Tor the engineered bamer over

soil sample

W3 is not required. The proposed budget will also reflect this plan

amendmant.

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 statutory requirements,

including

compliance with the proper permits.

Rmioao- 4302 North Main Sml, Rackford. lL

61 103

lR151987-7760

Pw~u

951

1 W. Harriran St..

0-

Plainei. IL 60010,

18471

295-4000

€L<:Is-

SOT) 

Sc~ulh Sule, Elgin. IL

6011I 

18471 608-3131

PIORLA

5415 N, LlnlvPrrIlv

51..

Peoria. 11 61hl.I

-(lW)19'lLS4bl

Rmmu Or LIND

PCDVIA

71,ZO N. L1nivmiIv St.. Pwriio. IL 61 13

I4 -

,1091

h93~5462

CHAMP%IGN

Soull~ First ~lr~(.I.

Chamlmign.

820

-121

71 278-5800

S~a~w:~!rtn-.lsOflS.

5irlh Slrccl

Ud.. 

5pr~nliiaeld. 11.62706 -1Z17i 7Hh.has2

Crntl~svrii~

20W

Mall Strc~t, Cnllin~v~ll~~.

6x34

i6lHI 346-j120

Mnesli

-2300 M' 

Maln St., Suite

Marlon.

6359- IblOi

Q'll-72tm

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

In addition, the budget is modified pursuant to Sections 57.7fb)(3) and 57.7(c) of the Act and 35

111. Adm. Code 734.505(b) and 734.510(b). Based on the modilications listed in Section

Attachment A, the amounts listed in Section

1 of Attachment A have been approved. Please no11

that the costs must bc incurred in accordance with the approved plan. Re awarc that the amount

of payment from

theFund may be limited by Sections 5?.R(d), 57.S(c), and 57.Q) of the Act, as

well

as

35 Ill. Adm. Code 734.630 and 734.655.

If the

owner or operator agrees with the Illinois EP.4.s modifications, submittal of an amended

plan

is not required (Section 57.7(c) of the Act).

Further. pursuant to 35

Ill. Adm. Code 734.145. it is required that the Illinois EPA he notified of

field activities prior

10 the date the field activities take place. Thisnotice must include a

description of the field activities to be conducted: the

nanie oftlie person conducting the

activities; and the date, lime, and place the activities will be conducled. This notification of field

activitics may be done by telephone, facsimile, or electronic mail.

Pursuant to Sections

57.7(b)(5) and 57.12(c) and (d) of the Act and 35 Ill. Adm. Code 734.100

and 734.125, the Illinois

EPA requires that a Corrective .4ction Completion Report that achieves

compliance with applicable remediation objectives

be submitted within 30 davs aRer completion

of the

pl'm to:

Illinois Environmental Protection Agency

Bureau of Land

824

Leaking Underground Storage Tank Section

102 1 North Grand Avenue East

Please submit all correspondence in duplicate and iticlude the Re: block sho\vn at the beginning

of this letter.

Please note that, if within four years after the approval of this plan, compliance with the

applicable remediation objectives has not been achieved and a Corrective Action Completion

Report has not been submitted, the Illinois EPA requires the suhmission of a status report

pursuant to Section 57.7(b)(6) of the Act.

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

PoUution Control Board. Appeal rights are attached.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

If vou have any questions or need further assistance, please contact James R. Malcom, 111 at

Under~ound Storase Tank Section

D~vision of Remehation Managenlent

Bureau of Land

HAC: JRM

Attachment: Budget Modifications

cc:

HDC

BOL File

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

.Appeal Rights

An

underyround stora~e

tank

owner or operator ma?. appeal this final decision

the Tlfinais

~ollution'Contro1 Board pursuant

Sections

and 57.7(c)(l) of the

Act

hearing

davs

extended

?C1

by written notice from the

owner or operator

and

the Illinois EPA within

the

35-day appeal

extension,

date the final decision

was

received, along with

copy

of this decision, mtrst be sent

For information regarding the filiq of

an

appeal, please contact:

Dorothy Gum, CIerk

linois

Pollution Control Board

Center

1-5

14-3G2O

For information regarding the filing

extension,

please 

contact:

Illinois Environmental Protection

Agency

Avenue

Box 19276

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

Re:

LPC

Avenue

Incident 

UST

Technical File

SECTION I

a result of the Illinois

EP-4's

modifica~ion(sl in Section 3 of this attachment, the folIowing

Costs

ysls

Costs

$0.00

Personnel

Costs

If;1,001?.00 Equipment 

Costs

S132,827.S?

Field Purchases and Other

Costs

will

package

is revicwecl hy the Illinois

EPh. The

amount

of

alln~vable

handling charges will

tfetermined in accortlance with Section

57.8(0

of rhe Environmental Protection

Act

(,4cf) and

Illinois ,4rlrninistrntive Code

(35

111.

Adm. Codel 732.607.

SECTION

112.7R

amount under sub part

"H"

in accorrlnncc with this

3111.

Adm. Code

734.

Such costs are ineligible for papent from the Fund pursuant

111.

Arlm,

Code

732.6OG(hh), 

The proposed

costs

Tor water disposal

was

deemed unreasonable with

02.78

deductcd irom

the

investigative

ponion of the budget.

2. 2597.80 for

cost

that

exceed 

the requirements

m

comply with the

Act.

Such

costs

are

ineligible for papcnt from the Fund pursuant to

ILL Adm. Codc 732.606(0).

Based

on

the Agency decision

that the

proposed engineered harrier

was

not required the costs

for the 4 inch asphalt

was

casts

unreasonable. Such 

costs

are

pursuant

732.606 (hh'). The Agency is reqt~esting

nn

hourly l~reakdown of each task performed by each joh title

in

order

make

more tliorou~h

review of thc

proposed

personnel

costs.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *

EXHIBIT "C"

Rate Sheets

July 1,2006 through June 30,2007

Personnel Titles and Requirements

Professional Engineer

Professional Geologist

Senior Prof. Geologist

Account Technician Ill

Administrative Assistant Ill

None

Administrallve Assistant IV

None

Degree Required

Bachelor's in Engineering

Bachelor's

In Engineering

Bachelor's tn Engineering

Bachelor's in Engineering

Bachelor's in

Geoloav or Hydroqeology

Account Technician IV

Senior Accl. Technician

Aclministralive Assistant

Adm~nistrarive Assislant II

~eolo;; or ~;dro~eolog;

Bachelor's in Geology or Hydrogeology

Bachelor's in Geoloyy or Hydrogeology

Bachelor's in Geology

~ or Hydrogeology

Bachelor's in a Natural or Physical Science

Bachelor's in a Natural or Physiwl Science

Bachelor's in a Natural or

Physioil Science

Bachelor's in a Natural or Physical Science

Senior Admin. Assistant

' Equivalent work-related

college level education with significant coursework in the physical, life, or

environmental sciences can be substituted for all or part of the specified experience requirements

Equivalent work-related or college level education with significant coursework in accounting or business can

be substituted for all or part of the specified experience requirements.

Equivalent work-related or college level

education wlth significant coursework in administrative or secretarial

services can be substituted for all or part of the specified experience requirements.

1

Equivalent work-related or college level education with significant coursework in drafling or computer aided

design (CAD) can be substituted for all or part of

tlie specified experience requirements.

8'

5C12.51 

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 13, 2006

* * * * * PCB 07-24 * * * * *