BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF
THE STATE OF ILLINOIS
SCHROF SERVICE CENTER,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
)
)
)
)
PCBNo. __
)
(LUST Appeal)
)
)
)
NOTICE OF FILING
To:
Dorothy
M. Gunn, Clerk
"Iinois Pollution Control
Board
James
R. Thompson Center
100 West Randolph Street
Suite
11-500
Chicago, IL 60601
William
D. Ingerso"
Managing Attorney
"I. Environmental Protection Agency
1021 North Grand Ave. East
Springfield, IL 62702
PLEASE TAKE NOTICE that we have this day filed with the office of the
Clerk of the Pollution Control Board the
Petition for Review
a copy of which is
enclosed herewith and hereby served upon you.
January 26,
2009
John
T.
Hundley
Mandy
L. Combs
THE SHARP LAW FIRM, P.C.
P.O. Box 906 -1115 Harrison
Mt. Vernon,
IL 62864
618-242-0246
Counsel for Schrof Service Center
SCHROF SERVICE CENTER
By:
~-,--~
Mandy L. Combs
One of its Attorneys
BEFORE THE POLLUTION CONTROL BOARD
OF
THE STATE OF ILLINOIS
SCHROF SERVICE
CENTER,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
)
)
)
) PCBNo. __
)
(LUST Appeal)
)
)
)
PETITION FOR REVIEW
Pursuant to
§§
40 and 57.7 of the Environmental Protection Act ("Act"), 415 ILCS
5/40, 5/57.7, to the Board's regulations on Leaking Underground Storage Tank ("LUST")
decisions,
35 ILL. ADM. CODE 105.400
et seq.,
and to the decision denying continuance
of the filing hereof beyond today's date (see Exhibit 1), petitioner Schrof Service Center
("Schrof') submits this
Petition for Review
of the Illinois Environmental Protection
Agency ("Agency") decision attached hereto as Exhibit 2 ("Decision") denying approval
of Schrof's Amended High Priority Corrective Action Plan (the "Plan") and further
denying approval of the budget associated therewith.
Pursuant to
§
57.8(1) of the Act, Schrof further requests the Board to order the
Agency to pay Schrof's legal costs for seeking payment
in this appeal.
I.
THE AGENCY'S FINAL DECISION
The Decision of which review is sought is contained in Exhibit 2 hereto.
II. SERVICE OF THE AGENCY'S FINAL DECISION
The Decision indicates it was mailed December 19, 2008. It was received by
Schrof December
22,2008 and this appeal is timely pursuant to William Ingersoll's letter
dated January
21,2009 of which a true copy is attached as Exhibit 1.
Electronic Filing - Received, Clerk's Office, January 26, 2009
* * * * * PCB 2009-050 * * * * *
III.
GROUNDS FOR ApPEAL
A.
The Agency's denial of the Plan because the Plan requires excavation into
the groundwater
table is arbitrary and capricious.
B.
The Agency's denial of the Plan because the Plan proposes to excavate into
the right-of-way adjacent to the site without providing documentation indicating approval
of the proposed off-site excavation area
is arbitrary and capricious.
C.
The Agency's denial of the Plan because the Plain fails to indicate the
defined extent of ground water contamination off-site
is arbitrary and capricious.
D.
The Agency's denial of the Plan because the calculations in relation to the
Tier
" cleanup objectives could not be considered until the extent of groundwater
contamination has been defined
is arbitrary and capricious.
E.
The Agency's denial of the Plan because the foc value was extracted from
a contaminated boring sample
is erroneous, arbitrary and capricious.
F.
The Agency's denial of the Plan because the Plan failed to include the
most recent results of the depth-to-water measurements and that the groundwater
monitoring
well logs set with the ground surface at 0.00 as unacceptable is arbitrary and
capricious.
G.
The Agency's denial of the Plan because the Plan calls for additional
groundwater monitoring
wells to be installed post excavation and for all groundwater
monitoring
wells to be sampled again post excavation is arbitrary and capricious.
H.
The Agency's denial of Schrof's budget was erroneous, and arbitrary,
capricious,
in that the denial of the Plan with which the budget was associated was
erroneous, arbitrary, and capricious.
2
Electronic Filing - Received, Clerk's Office, January 26, 2009
* * * * * PCB 2009-050 * * * * *
I.
The Agency's denial of Schrof's budget because it includes costs for
Consulting
Personnel Time Costs, which exceed the minimum requirements necessary
to comply with the Act
is erroneous, arbitrary and capricious.
IV.
CONCLUSION.
For all the foregoing reasons, petitioner Schrof Service Center respectfully
submits that the Decision should
be reversed and the Agency ordered to approve the
Amended High
Priority Corrective Action Plan and the budget associated therewith, and
order the Agency to pay Schrof's attorneys' fees for this appeal.
January
26, 2009
John
T.
Hundley
Mandy
L. Combs
THE
SHARP LAW FIRM, P.C.
P.O.
Box 906 - 1115 Harrison
Mt. Vernon, IL 62864
618-242-0246
SCHROF SERVICE
CENTER
BY:/~~~
One of its Attorneys
Counsel for Petitioner Schrof Service Center
MandyCombs\USI\Schrof\Petition for Review.doc
3
//7.//l7-
J7cd
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box 19276
, SPRINGFIELD, ILLINOIS 62794-9276 - ( 217) 782-2829
J
AMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300
, CHICAGO, IL 60601 . - (312) 814-6026
ROD
R.
BLAGOJEVICH, GOVERNOR
KECE1VED
(21 7
)782-5544
JAN '
Z J 2009
(TDD: 217-782-914:ey: _---
January 21,2009
Jim-Kirklane.,Proj t3Gt Manager
--
United Science Industries, Inc_
P.O. Box 360
6295 East IL Highway 15
Woodlawn, IL 62898
Re:
LPC
# 1050605073 - Livingston County
Pontiac/
Schrof Service Center
402 West Howard Street
LUST Incident No. 991451
Dear
Mr.
Kirkland :
DOUGLAS
P
.
SCOD, DIRECTOR
Author' 5 Direct Line:
(217 )
782.Jj827
E-Mail: william.i
ngersoll@illinoi
s. g
ov
Tel
efax: 217-
782-9807
The Illinois Environmental Protection Agency ("Illinois EPA") is
in
receipt of your January 14,2009
letter requesting a 90-day extension to the 35-day appeal period in regards to a December 19, 2008
decision regarding the above site and incident. The request is DENIED.
It
does not appear likely
that the additional time would result in a resolution. The deadline for filing any appeal ofthis matter
remains at January 26,
2009 based upon a December 20, 2008 received date of the decision.
William D. Ingersoll, Manager
Enforcement Programs
cc:
Harry Chappel, BOLILUST
BOL
Records Unit
EXHIBIT
ROCKFOKD - 4302 North Main Stree t, Rockford, IL 6 1 103 - (815) 987-7760
.
D ES PLAINES - 95 11 W. H arrison St., Des Plaines, IL 60016 - (847 '
/ 294-4000
ELG I
N - 595 Sou th State, E
lg in, lL 60 123 - (847) 608-3131
.
PEORI
A - 54 15 N. U niversity 51., P
eori a
, lL 6 1614 - (3 09) 693.5463
BUREAU
OF
LAI~D
. PWRI.' - 7620 N. University 5t., Peoria, IL 6161 4 - (309) 693 .
5462
•
CHAMPAI
GN - 2125 Sou th Firsl Street- Cham paign, IL 6 1820 - (2 17) 278.5800
COLLINSVILLE - 2009 M all S
tre et, Collinsville, IL 62234 - (6 18) 346.5120
•
MARION - 2309 W. Main 51., S
uite 11 6, Marion, IL 62959 - (618) 993.7200
PRI NT
ED ON R E
OCLED PMER
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O . Box 19276, SPRINGFiElD, ILLINOIS 62794-9276 - ( 217) 782.2829
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 - (312) 814-6026
ROD R. BLAGOJEVICH, GOVERNOR
217/782-6762
RECEIVED
DEC 1 9 ZOOS
DEC
2
i.
1005
BY:
NLfJ"UY
Schrof Service Center
Attention: Carl Schrof
2205 Hedgewood Drive
Bloomington, TIlinois 61704
Re:
LPC #1050605073 -- Livingston County
Ponti ac/S chrof Service Center
402 West Howard Street
Leaking
UST Incident No_ 991451
Leaking
UST Technical File
Dear Mr. Schrof:
DOUGLAS
P.
SCOTT, DIRECTOR
CERTIFIED MAIL
7004 2510 0001 8617 9096
The TIlinois Environmental Protection Agency (Ulinois EPA) has reviewed th,e
, Aplended High
Priority Corrective Action Plan (plan) submitted for the above-referenced incident. This
information, dated August
21,2008, was received by the Illinois EPA on August 22,2008.
Citations in
tbis
letter are from the Environmental Protection Act (Act) in effect prior to June 24,
2002, and 35 Illinois Administrative Code (35 Ill. Adm. Code).
Pursuant to Section 57.7(c)(4) of the Act and 35 TIl. Adm. Code 732.405(c), the plan is rejected
for the following reason(s):
1.
The plan indicates excavation to a depth of ten (10) feet below ground surface even
though past depth-to-groundwater measurements indicate groundwater is encountered at
approximately 4.35 feet below ground surface to 9.35 feet below ground surface. The
Illinois
EPA does not approve excavating into the groundwater table.
In
addition, the
plan proposes to excavate into the right-of-way adjacent
to the site without prOVIding
documentation indicating approval of the proposed off-site excavation area(s).
It
may be
more advantageous to seek a Highway Authority Agreement for the soiVgroundwater
contamination off-site in the right-of-way. Further, the plan fails to indicate the defined
extent
of groundwater contamination off-site for this LUST incident. Proposal(s) for
groundwater remediation must be presented as part
of the corrective actions since the site
does not exist within a groundwater ordinance area for this LUST
incid~t ~ ' - . r-
r
--
. -_- ' .--
:
EXHIBIT
ROCKFORD - 4302 Norlh Main Street
, Rockrord, IL 611 03 - (815) 987-7760
DES PLAINES - 9511- W. Harrison st., Des Plaines
, IL 6
ELGIN - 595 soulh State, Elgin, IL 60123 - (847) 608-3131
•
PEORIA - 5415 N. University St., Peoria, I
l 61614 - (309
~
BUREAU OF LAND - PEORIA - 7620 N. University st., Peoria, IL 61614 - (309) 693-5402
•
CHAMPAIGN - 2125 Soulh First streel, Champaig
~
~
COlliNSVILLE - 2009 Mall sireet, Collinsville, IL 62234 - (618) 346-5120
•
MARION - 2309 W. Main St., Suite 116,
Marion,
IL 62
d
PRINTED ON RECYCLED PAPER
I
I
I
I
I
I
I
I
Electronic Filing - Received, Clerk's Office, January 26, 2009
* * * * * PCB 2009-050 * * * * *
2.
The plan indicates Tier II cleanup objectives have been completed. However, the
calculations cannot
be considered until the extent of groundwater contamination has been
defined. In addition, the foe value is not a value that can be used since
it
was extracted
from a contaminated boring/sample. Further, once the extent
of groundwater
contamination has been defined, the R26 model assumes one contributing plume
so the
Sw will be valued from clean groundwater monitoring well to clean groundwater
monitoring well perpendicular to groundwater flow direction
as one plume. All
contaminated wells within the extent will use that source width.
3.
The plan fails to include the most recent results of the depth-to-water measurements.
Since all the groundwater wells installed for this LUST incident were recently
re-sampled
May 29,2008 these results should have been provided in this Corrective Action Plan.
In
addition,
please be aware that any groundwater monitoring well logs set with the ground
surface at
0.00 are not acceptable. The groundwater monitoring well logs must have
groundwater elevations based on a bench mark identified or mean sea level.
It appears
the groundwater monitoring well logs for
all of the current groundwater monitoring wells
developed for this
LUST incident have the ground surface set at 0.00 and are not based on
a bench mark identified or mean sea level. Further, a Class
II groundwater demonstration
has not been completed for this
LUST incident
.-
~:
,
....... -......
4.
The plan indicates additional groundwater monitoring wells will be instailed post __
excavation and all groundwater monitoring wells will be sampled again. However,
it
is
not clear
to the minois EPA as to the purpose of installing a groundwater monitoring well
within the excavated area.
In
addition, the only groundwater monitoring wells that will
require additional sampling post excavation will
be the groundwater monitoring wells
that had indicated groundwater contamination from the most recent sampling event.
Further, the
illinois EPA is reqlliring an explanation as to the purpose of installing a
groundwater monitoring well approximately
140 feet east of the contaminated wells off-
site in the right-of-way. Has the Pontiac Plumbing Heating and Cooling property denied
access for investigations/corrective actions? The
illinois EPA is requesting a
groundwater monitoring well be
instal1ed to the west of groundwater monitoring wen
~
MW -8 on site prior to installing the proposed off-site groundwater monitoring well
off~
site on the Easy Credit Autosales property.
Electronic Filing - Received, Clerk's Office, January 26, 2009
* * * * * PCB 2009-050 * * * * *
-_._-
-_._._---------------
Pursuant to Sections 57.7(a)(1) and 57.7(c)(4) oftheAct and 35 TIL Adm. Code 732.405(e) and
732.503(b), the associated budget is rejected for the following reason(s):
1.
Pursuant to Sections 57.7(c) of the Act and 35 Ill. Adm. Code 732.305 or 732.405 and
732.503(b), the associated budget is rejected for the following reason:
The Illinois EPA has not approved the plan with which the budget is associated.
Until such time as
the plan is approved, a determination regarding the associated
budget- i.e., a. determination as to whether costs associated with materials,
activities, and services are reasonable; whether costs are consistent with the
associated technical plan; whether costs will
be incurred in the performance of
corrective action activities; whether costs will not be used for corrective action
activities
in excess of those necessary to meet the minimum requirements of the Act
and regulations, and whether costs exceed the
maximum payment amounts set forth
in
Subpart H of35 TIL Adm. Code 732 cannot be made (Section 57.7(c)(4)(C) of the
Act and 35 Ill. Adm. Code 732.505(c».
2.
The budget includes costs for Consulting Personnel Time Costs, which exceed the
minimum requirements necessary to comply with the Act. Costs associated with
corrective action activities and associated materials
or services exceedi:p.g.the.,.-,.
minimum requirements necessary to comply with the Act are not eligible for
payment
from the Fund pursuant to Section 57.7(c)(4)(C) of the Act and 35 Ill. Adm.
Code 732.606(0).
,.
The costs are for activities and associated materials or services that have been
previously denied
in the Illinois EPA letters dated December 12, 2005 and .
December 31,
2007.
Pursuant to 35 Ill. Adm. Code 732.401, the lllinois EPA requires submittal of a revised plan, and
budget if applicable, within 90 days ofthe date of this letter to:
Illinois Environmental Protection Agency
Bureau
of Land - #24
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
.
j,
-.r
........ ,..-
Please submit all correspondence in duplicate and include the Re: block shown at the beginning
ofthis letter.
An underground storage tank system owner or operator may appeal this decision to the illinois
Pollution Control Board. Appeal rights are attached.
If you have any questions or need further information, please contact Mindy Weller at 217/782-
6762.
Unit
Manager
Leaking Underground Storage
Tank Section
Division
of Remediation Management
Bureau
of Land
HAC:MW\991451.DOC
cc:
Jim Krikland, US1, Inc.
BOL File
. _. __ ._
.-..1 ........
_
.,..,,......
_,n
.~
.... ,..
'."
Electronic Filing - Received, Clerk's Office, January 26, 2009
* * * * * PCB 2009-050 * * * * *
Appeal Rights
An underground storage tank owner or operator may appeal this final decision to the Illinois
Pollution Control Board pursuant to Sections
40 and 57.7(c)(4) of the Act by filing a petition for
a hearing within 35 days after the date ofissuance
ofthe final decision. However, the 35-day
period
may be extended for a period of time not to exceed 90 days by written notice from the
owner or operator and the Illinois EPA within the initial 35-day appeal period. lfthe owner or
operator wishes to receive a 90-day extension, a written request that includes a statement
of the
date
the final decision was received, along with a copy oftms decision, must be sent to the
illinois
EPA as soon as possible.
For infonnation regarding the request for an extension, please contact:
illinois Envirorunental Protection Agency
Division
of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield,
IL 62794-9276
2171782-5544
For infonnation regarding the filing of an appeal, please contact:
Illinois Pollution Control Board, Clerk
State ofTIlinois Center
100 West Randolph, Suite
11~500
Chicago, IL 60601
312/814-3620
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that I caused copies of the
foregoing document to be served by placement
in the United States Post Office
Mail Box at 14th
&
Main Streets in Mt. Vernon, Illinois, before 6:00 p.m. this
date,
in sealed envelopes with proper first-class postage affixed, addressed to:
Dorothy
M. Gunn, Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street
Suite
11-500
Chicago, IL 60601
January 26, 2009
John T. Hundley
Mandy
L.
Combs
THE SHARP
LAW FIRM, P.C.
P.O. Box 906 - 1115 Harrison
Mt. Vernon,
IL 62864
618-242-0246
Counsel for Schrof Service Center
sara\wpdocs\USI-Schrof\Notice.wpd
William D. Ingersoll
Managing Attorney
III. Environmental Protection Agency
1021 North Grand Ave. East
Springfield,
IL 62702
Mandy
L.
Combs
Electronic Filing - Received, Clerk's Office, January 26, 2009
* * * * * PCB 2009-050 * * * * *
