~-I
ENGINEERING
July 18, 2005
Ms. Marie Tipsord
Illinois Pollution Control Board
James R. Thompson Center
100W. Randolph, Suite 11-500
Chicago, Illinois 60601
RE:
Public Comment on R04-22 and R04-23
Ms. Tipsord:
RECEIVED
CLERKS OFFICE
JUL 2 0 29~Springfield Ave., Suite 300
I £ IkifliC
P.O. Box 140
STATE OF ~
Illinois 61824-0140
Pollution Control uoa~s.
(217) 352-6976
FAX (217) 356-0570
2017 Charleston Ave.
Matloon. tttinois 61938
BUS. (217) 234-2203
FAX (217) 234-2299
wvwthdc-eng.corn
A petition regarding the proposed changes to the LUST Fund is attached for your.records. The
signatories are clients of HDC Engineering who are concerned about the future of the LUST
fund. A letter written by one of our clients is also attached. If you have any other questions or
concerns, please contact our office at (217) 352-6976.
Respectfully,
HDC Engineering
Kevin Saylor, PE
Environmental Division Manager
Enclosures
RECEIVED
CLERKS OFFICE
JUL 202005
STATE OF ILLINOIS
PETITION
Pollution Control Board
We, the undersigned,
do
hereby
petition the Illinois Pollution
Control Board (IPCB) and
the
illinois
Environmental Protection Agency (IEPA) to ensure
the proposed new rulemaking RC)4-22 and R04-
23 meets the following
standards:
L The LUST Fund
continues
to
providefinancial
responsibility adequate to
cover ALL costs
ofenvironmental clean-up incurred in order to
comply with
the
requirements
oldie
illinois LUST
Regulations.
2. The reimbursementpractices ofthe
Illinois
LUST
Fund shall assure the sanctity
of
our
environmental compliance efforts by ensuring
that
the environmentaiprofessionals that
we rely upon to
achieve compliance arefairly and adequately compensated
for each hour
ofwork that they
are required to perform
on our behalf in order that we
may
comply with
LEPA regulations and requirements.
3.
Maximum
payment
amounts
for
professional consulting
work
tasks are established based
on
a statistically valid review
of
detailedand standardized
scopes ofwork, in
the
absence of
historically available standardized
scopesofwork the “maximwn payment
amounts”for
professional services
should be
treatedand
administered merely
as
“guidance”and
not
absolutes during
an
interimperiod
during
which statistically valid
“maximum payment
amounts” can
be
establishedpursuant
to
standardized
scopes of
work..
4. All
data and
related
information used to develop
work task rates and levels of
effort are
fully-disclosed
and available
to the
public.
These standards
are
critical to
our ability
to work with the JEPA and environmental
consultants/contractors
to remediate
ourleaking
underground storage tank sites in a timely manner
and
in accordance with applicable regulations. In the absence of
regulations
that meet the above
standards, we do not have the
technical,
financial,
legal
and management
resources
to implement
the mandated
remedial projects
without
jeopardizing
our businesses
and financial
livelihoods. The
following background information generally outlines our
circumstances and
our rationale for
making
this
petition.
Background Information
We
are
the owners/operators ofLUST
Incidents subject
to
remediation in Illinois and
are genuinely
concerned that, if implemented as written, the
proposed
regulations
are
likely to cause
serious
detrimental financial impact
to us,
our
businesses or both.
Typical characteristics ofour
businesses
and our
sites
are
as follows:
• We typically
represent
small or medium
sized businesses.
We are NOT BIG BUSINESS!
• We have limited financial, legal,
technical and
management resources. We DO NOT HAVE
DEEP
POCKETS!
• We are concerned about theenvironment and
recognize our
responsibilities to clean-up
our
LUST sites.
• Because oflimited
technical and
legal
resources,
we relyupon our
designated
environnental
consultant to interface with
the
EPA to achieve the clean-up in accordance with the
regulations.
• Because of
limited technical and
management resources we do not have the ability to
develop detailed
requests
for
proposals and
evaluate consultant qualifications, work scopes,
pricing
and
work
execution.
• Because
oflimited financial resources we rely upon the LUST
fund
to cover all costs
except
the deductible. Our
financial resources are
such that unexpected
costs
above the deductible
can
be financially
devastating.
o Because of the significant
costs
ofthe environmental work
and
the long
reimbursement cycles of the LUST fund, we
oftentimes
rely upon
our
environmental
consultant to provide us project
financing
while
waiting
on LUST
fund
reimbursement.
o Our
financial resources are
such
that
without project financing we may not be able to
perform the work because we
could
not pay the ongoing bills.
We
are
appreciative of the LUST fund
and the assistance
from the regulatory agencies. The LUST
Fund in conjunction with the professional
and
financial services provided by
our consultants
have
historically provided us the
ability,
within
our
circumstances, to
discharge our environmental
responsibilities. We want to be able to continue this path ofvoluntary
compliance and
hereby
petition the IPCB
and
EPA to resist the temptation to
proceed
with this rulemaking in haste and to
instead fully
consider
the seriousness and potential
consequences
of
this
rulemaking, work in
coLlaboration and
concert
with the environmental
consulting community and
promulgate a carefully
researched,
fair
and
objective rule
based
upon statistically valid information
that
heeds
our
concerns, commitments, special circumstances
and adheres
to the
intent
of the standards outlined
above.
SIGNATURES
COMPANY
~
4t~9
4,
DATE
~1doS
PRINTED
NAME
3:ge~1(
a sit
S
NATURE
~gt*tr7JC
• Because of
limited technical and
management
resources
we do not have the ability to
develop detailed requests for
proposals and
evaluate consultant qualifications, work
scopes,
pricing
and
work execution.
• Because of limited
financial resources
we rely upon the LUST fund to cover all costs except
the deductible.
Our financial resources
are such that unexpected
costs
above the deductible
can be fmancially devastating.
o Because of the significant
costs
ofthe environmental work
and
the long
reimbursement cycles of the LUST fund, we
oftentimes
relyupon
our
environmental
consultant to provide us project
financing
while waiting on LUST
fund
reimbursement.
o Our financial resources are such
that
without project financing we
may
not be able to
perform thework because we could not pay the ongoing bills.
We are appreciative ofthe LUST
fund and
the
assistance
from the regulatory agencies. The LUST
Fund in conjunction with theprofessional and
financial
services provided by
our consultants
have
historically provided us the ability, within
our circumstances,
to discharge
our
environmental
responsibilities. We want to be able to continue this path of voluntary
compliance and
hereby
petition theIPCB and EPA to resist the temptation to
proceed with
this rulemaking in haste
and
to
instead fully
consider
the seriousness
and
potential
consequences
of
this rulemaking,
work in
collaboration
and concert
with the environmental
consulting community and
promulgate a carefully
researched, fair
and
objective rule
based
upon statistically valid information that
heeds our
concerns, commitments, special circumstances
and adheres
to the
intent
ofthe standards
outlined
above.
SIGNATURES
COMPANY
DATE
PRINTED
NAME
SIQNATURE
mE
0c,ei’,ct
7,/S~zC
jt~e~
(4sye1/nlc
X/ow4’~l~&w
I,
•
z___J
• Because of
limited technical and
management
resources
we do not have the ability to
develop detailed
requests
for
proposals and
evaluate consultant qualifications, work scopes,
pricing and work
execution.
• Because of limited financial resources we rely upon the LUST fund to cover all costs except
the deductible.
Our
financial
resources
are such that unexpected
costs
above the deductible
can
be fmancially devastating.
o Because ofthe significant
costs
of the environmental work
and
the long
reimbursement cycles ofthe LUST fund, we oftentimes rely upon
our
environmental
consultant
to provide us project financing while waiting on LUST
fund
reimbursement.
o Our financial resources
are
such
that
without project financing wemay not be able to
perform the work because we could not pay the ongoing bills.
We
are
appreciative ofthe LUST
fund
and the assistance from the regulatory agencies. The LUST
Fund in conjunction with the professional
and
financial services provided by
our consultants
have
historically provided us the ability, within
our
circumstances, to
discharge our
environmental
responsibilities. We want to be able to continue this path ofvoluntary compliance and hereby
petition
the IPCB
and
EPA to resist the temptation to
proceed
with this
rulemaking
in haste
and
to
instead fully
consider
the seriousness and potential consequences of
this
rulemaking, work in
collaboration and
concert
with the
environmental consulting community and
promulgate a carefully
researched,
fair and objective
rule
based upon statistically valid information that
heeds our
concerns, commitments, special
circumstances and adheres
to the intent of the
standards outlined
above.
SIGNATURES
\ COMP
~TqS
DATE
~h/oc
PRINTED
NAME
CateyLott~
GNATURE
O~zrt~
• Because of limited technical
and
management
resources
we do not have the ability to
develop detailed requests for
proposals and
evaluate consultant qualifications, work scopes,
pricing
and
work execution.
• Because oflimited
financial resources
we rely upon the LUST fund to cover all costs except
the deductible. Our financial resources
are
such that unexpected
costs
above the deductible
can
be financially devastating.
o Because of the significant
costs
ofthe
environmental
work
and
the long
reimbursement cycles of the LUST fund, we oftentimes rely upon our environmental
consultant to provide us project rmancing while waiting on LUST
fund
reimbursement.
o Our financial resources are such
that
without
project
financing wemay not be able to
perform the work because we
could
not pay the ongoing bills.
We are appreciative ofthe LUST
fund
and the assistance from theregulatory agencies. The LUST
Fund in conjunction with the professional and financial services provided by
our consultants-have
historically provided us the ability, within our circumstances, to
discharge our
environmental
responsibilities. We want to be able to continue this path ofvoluntary
compliance and
hereby
petition the IPCB
and
IEPA to resist the temptation to
proceed with
this rulemaking in haste
and
to
instead fully
consider
the seriousness and potential consequences of
this rulemaking,
work in
collaboration
and
concert with the environmental
consulting community and
promulgate a carefully
researched,
fair
and
objective rule
based
upon statisticallyvalid information that
heeds our
concerns, commitments, special
circumstances and adheres
to the
intent
ofthe standards outlined
above.
SIGNATURES
COMPANY
Sk~&~w~
DATE
p-7-oc
PRINTE
R1~s
D
NAME
/L~
/ / SIG ATtiRE
~
• Because oflimited technical
and management resources
we do not have the ability to
develop detailed requests for proposals
and
evaluate consultant qualifications, work scopes,
pricing
and work execution.
• Because of limited financial
resources
we rely upon the LUST fund to
cover all costs except
the deductible.
Our
financial
resources are
such that unexpected
costs
above the deductible
can be
financially
devastating.
-
o Because of the significant costs ofthe
environmental
work
and
the long
reimbursement cycles ofthe LUST fund, we
oftentimes rely
upon our environmental
consultant to provide us project
financing
while waiting on LUST
fund
reimbursement.
o Our
financial resources
are such that without project financing we may not be able to
perform the work because we
could
not pay the ongoing bills.
We
are
appreciative ofthe LUST
fund
and the
assistance
from the regulatory agencies. The LUST
Fund in conjunction with the professional
and
financial services provided by our consultants have
historically provided us the ability, within our circumstances, to
discharge our
environmental
responsibilities. We want to be able to continue this path ofvoluntary compliance
and
hereby
petition theIPCB and TEPA to resist thetemptation to
proceed with
this
rulemaking
in
haste and
to
instead fully
consider
the seriousness
and
potential consequences of
this rulemaking,
work in
collaboration
and concert
with the
environmental consulting community and
promulgate a carefully
researched, fair
and
objective rule based upon statistically valid information
that
heeds our
concerns, commitments, special circumstances
and adheres
to the intent of the standards outlined
above.
SIGNATURES
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JUL’EN6INEERING12005
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