RECEIVED
JUN 2 3 2006
L . KELLER OIL PROPERTIES / FARINA
)
Petitioner,
v
.
)
PCB No.
06-1 and PCB No
.
06-'`I D
K
PROTECTION AGENCY,
)
Respondent .
)
ILLINOIS ENVIRONMENTAL
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE OF FILING
TO:
William Ingersoll
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O . Box 19276
Springfield, Illinois 62794-9276
STATE OF
ControlILLINOIS
Boardrd
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P .O. Box 19274
Springfield, Illinois 62794-9274
PLEASE TAKE NOTICE that on June 23, 2006, filed with the Clerk of the Illinois
Pollution Control Board of the State of Illinois an original, executed copies of two (2) Petitions
for Review of Illinois Environmental Protection Agency Decisions and Motion to Consolidate .
Dated : June 23, 2006
Carolyn S . Hesse
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
338811v1
By:
Respectfully submitted,
L
. KELLER OIL PROPERTIES / FARINA
11 CQiQ/~JZ
IThis filing submitted on recycled paper as defined in 35 111
. Adm . Code 101 .2021
CERTIFICATE OF SERVICE
I, on oath state that I have served the attached two (2) Petitions for Review of Illinois
Environmental Protection Agency Decisions and Motion to Consolidate by placing a copy in an
envelope addressed to :
William Ingersoll
Carol Webb
Illinois Environmental Protection Agency Hearing Officer
1021 North Grand Avenue East
Illinois Pollution Control Board
P .O. Box 19276
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
P
.O
. Box 19274
Springfield, Illinois 62794-9274
from One North Wacker Drive, Suite 4400, Chicago, Illinois, before the hour of 5 :00 p .m ., on
this 23`d Day of June, 2006.
•
,r
Hes
(This filing submitted on recycled paper as defined in 35111 . Adm . Code
101 .2021
2
RECEIVED
CLERK'S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
JUN 2 3 2006
L. KELLER OIL PROPERTIES, Inc
. / FARINA )
Pollution
STATE OF
Control
ILLINOIS
Board
Petitioner,
)
v.
) PCB 06-
and PCB 06-
L`
D
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
MOTION TO CONSOLIDATE
NOW COMES L. Keller Oil Properties, Inc . by one of its attorneys, Carolyn Hesse of
Barnes & Thornburg, pursuant to 35 III . Adm . Code 101 .406 and hereby moves to consolidate
the two appeals of Illinois Environmental Protection Agency ("Agency") decisions that are being
filed on this date. In support of this motion, Petitioner states as follows :
Both of the appeals filed at the same time as this Motion to Consolidate involve
similar letters from the Agency regarding the same former gasoline service station
located at 1003 West Washington Avenue, Farina, Fayette County, Illinois
. This
property is owned by L. Keller Oil Properties, Inc
.
2.
Both appeals are related to corrective action activities at that site .
3.
Because the factual basis of the petitions are closely related, consolidating the
petitions into one proceeding will be more convenient to the Board, the Agency
and Petitioner
; consolidation will also result in a more expeditious and complete
determination of the issues and would not cause material prejudice to any party
.
Further, consolidation of the appeals will provide for a more efficient
administration of justice and reduce duplication of efforts that would be required
if the appeals were handled separately. The burden of proof for the appeals is
identical and will be based on nearly identical facts and background information .
WHEREFORE, Petitioner, L . Keller Oil Properties, Inc . respectfully requests that the
Board grant its motion to consolidate the petitions filed on this date .
Respectfully submitted,
L. Keller Oil Properties, Inc . / Farina
By :
Carolyn S . Hesse, Esq .
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
338777vI
2
This filing submilled on recycled paper as defined in 35 Ill
. Adm . Code 101 .2021
L . KELLER OIL PROPERTIES, Inc . / FARINA )
(Incident No
. 20051539)
)
Petitioner,
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
V .
2 .
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
PCB No. 06-
L`O
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISION
L. Keller Oil Properties, Inc . / Farina, by its attorney, Carolyn S . Hesse of Barnes &
Thornburg, pursuant to the Illinois Environmental Protection Act, 415 ILCS 5/1
et. seq . (the
"Act") and 35 Illinois Administrative Code Section 105 .400 et. seq ., hereby appeals certain
decisions by the Illinois Environmental Protection Agency (the "Agency") .
L. Keller Oil Properties, Inc . ("Petitioner"), is the owner of property where
a former gasoline service station was located at 1003 West Washington
Avenue, Farina, Fayette County, Illinois (the "Station") . This gasoline
service station had underground storage tanks (UST's) on the property,
which stored gasoline, diesel fuel and heating oil .
LUST Incident Number 20051539 was obtained following a site
investigation during which it was determined that the three gasoline USTs
leaked . The site has also been assigned LPC #0514155011 - Fayette
County.
(This filing submitted on recycled paper as defined in 35 II 1 . Adm . Code 101 .2021
RECEIVED
CLERK'S OFFICE
JUN 2 3 2006
Pollution
STATE OF
Control
ILLINOISBoard
3 .
On December 20, 2005, Petitioner sent to the Agency a 45-Day Report
("Report") in accordance with applicable regulations . (See Exhibit l .)
The Agency received this document on December 20, 2005
.
4 .
On May 22, 2006, the Agency sent a letter to Petitioner (the "Letter") that
referenced the 45-Day Report and stated as follows :
Based on the information currently in the Illinois EPA's
possession, this incident is not subject to Title XVI of the Act or
35 III
. Admin. Code 731
. Therefore, the Illinois EPA leaking
underground storage tank section had no reporting requirements
regarding this incident
.
(See Exhibit 2.)
5 .
The Letter also refers to Office of State Fire Marshall ("OSFM")
regulations at 41 Ill . Admin. Code 170.580 regarding confirmation of
releases.
Although it is not clear from the Letter, it appears that the
Agency is claiming that the 45-day Report does not state that a release was
confirmed within 14 days of the initial release report, and as a result, the
incident is not subject to the Act or to rules regulating underground
storage tanks. (See Exhibit 2 .)
6 .
The Agency's Letter provides no additional information regarding IEPA's
decision
.
7.
Although the Illinois EPA Letter of May 22, 2006, does not specifically
state Petitioner's right to file an appeal, the nature and tone of the Letter is
a final decision refusing Petitioner's request, which pursuant to Section 40
of the Act, 415 ILCS 5/40, and 35 111 . Admin. Code 105
.400 et. seq .
provides Petitioner with appeal rights.
This filing submitted on recycled paper as defined in 35 111
. Adm . Code 101 .2021
2
8.
Petitioner is appealing the Agency's decision Letter dated May 22, 2006
.
9.
The Agency's conclusions that the incident is not subject to Title XVI of
the Act or 35 111. Admin
. Code 731 is in error and is contrary to
information in the Agency's file
. Because the release was discovered and
reported in 2005, it is subject to Title XVI .
10.
Petitioner complied with the OSFM's regulations at 41 111
. Admin. Code
170
.
11 .
A release of petroleum products was confirmed at the site on the day of
the initial release report to the Agency and reconfirmed on the following
day
. Further, when the three gasoline tanks were removed on February 7,
2006, the Office of the State Fire Marshall reconfirmed the release
.
12.
The Office of the State Fire Marshall determined that the subject
underground tanks were eligible for reimbursement from the Underground
Storage Tank Trust Fund
. See Exhibit 3.
13 .
The Agency's decision is contrary to information in the Agency's files
.
14 .
An extension of the Early Action time period was requested from the
Agency and in a letter dated December 5, 2005, the Agency approved an
extension of the Early Action time period at this site
. (See
Exhibit 4 .)
15.
By letter dated January 19, 2006, the Agency acknowledged receipt of the
45-Day Report and advised Petitioner that a site investigation plan and
budget must be submitted within 60-days of that letter
. (See
Exhibit 5.)
16.
On January 20, 2006, Petitioner's consultant sent a letter to the Agency
advising the Agency that a time extension for Early Action had been
This tiling submitted on recycled paper as defined in 35 111
. Adm . Code 101 .202
3
obtained and that a Site Investigation Plan and Budget would be submitted
if site investigation activities were determined to be necessary alter
completion of Early Action activities . (See Exhibit 6 .)
17. In a letter dated February 7, 2006, Petitioner's consultant advised the
Agency that when the tanks were removed, "[c]ontamination was evident
within the excavation and it was attributed to the initial incident ." (See
Exhibit 7 .)
18 .
By letter dated May 9, 2006, the Agency approved the Stage I Site
Investigation Plan.
(See Exhibit 8 .)
19. The Agency's decision set forth in the Letter from which this appeal is
being taken is without merit and is contrary to the Act and implementing
regulations .
This filing submitted on recycled paper as defined in 35 111 . Adm
. Code 101 .202
4
WHEREFORE, L
. Keller Oil Properties, Inc
. / Farina respectfully requests that
the Board enter an order reversing the Agency's letter dated May 22,
2006 and requiring
the Agency to honor the Office of the State Fire Marshall's eligibility determination and
for L
. Keller Oil Properties, Inc
. / Farina's attorneys' fees and costs in bringing this
appeal .
Respectfully submitted,
L. Keller Oil Properties, Inc
./Farina
Carolyn S . Hesse, Esq
.
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
338753v1
By :
(One of
Its Att ne
Js
CY c
n
(This riling
submitted on recycled paper as defined in 35111 . Adm . Code 101 .2021
5
45-DAY REPORT
Farina 711
Farina, Illinois
LPC # 0514155011-Fayette County
Incident Number 05-1539
Submitted to:
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Leaking Underground Storage Tank Section, Bureau Of Land
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
Prepared by:
CW3M COMPANY, INC.
701 South Grand Avenue West
400 West Jackson, Suite C
Springfield, Illinois
Marion, Illinois
(217) 522-8001
(618) 997-2238
December 2005
EXHIBIT
CWM Company, Inc
.
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 05-1539
Project Manager : MKC
5/23/06 2 :27 PM
1
DOCUMENT REVIEW
Incident Reported: 11/15/05
Due to IEPA
: 12/30/05
Reviewer
Date
Distributed
Date
Completed
Date
Incorporated
Comments
Incorporated
Carol Rowe
12/15/05
12/16/05
12/16/05
12/16/05
Vince Smith
12/15/05
12/16/05
12/16/05
12/16/05
Jeff Wienhoff
12/15/05
12/15/05
12/16/05
12/16/05
ACTION ITEMS
X Check LPC #
MKC
X
References, table of contents, tables, acronyms
MKC
X
Date site was inspected/mapped/waste characterization
MKC
X
All Maps Drawn (Location, Utility, Topo)
MKC
X
Request soil condition, reference, climate information
MKC
X
Tank status verified
MKC
X
45-Report form complete and updated
MKC
X
Cover letter & receipt
MKC
CW3M Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 05-1539
CONTENTS
APPENDICES
ii
TABLES
ii
ACRONYMS AND ABBREVIATIONS
ii
1 . INTRODUCTION
1
2 . SITE LOCATION
2
3 . BACKGROUND INFORMATION
2
4 . EARLY ACTION ACTIVITIES
3
4 .1 Tank Removal Activities
3
4 .2 Soil Removal
4
4 .3 Groundwater
4
4 .4 Free Product
4
5
. SITE CHARACTERIZATION
5
5
.1 Nature and Quantity of Release
5
5
.2 Surrounding Populations
5
5 .3 Water Quality
5
5 .4 Well Data
5
5
.5 Subsurface Soil Conditions and Regional Geology 6
5
.5 .1 Surficial Geology
6
5
.5 .2 Bedrock Geology
6
5
.5 .3 Distribution of Aquifers
6
5 .5
.4 Soil Conditions
6
5 .5
.5 Potential for Contamination of Shallow Aquifers 6
5 .6 Climatological Conditions
7
5 .7 Land Use
7
6. SITE ASSESSMENT ACTIVITIES
8
6.1 Initial Abatement Measures And Site Check
8
6
.2 Free Product Investigation
8
6.3 Safety Procedures and Hazard Mitigation
8
7
. CONCLUSIONS AND RECOMMENDATIONS 9
8 . REFERENCES
10
i
CW'M Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 05-1539
APPENDIX A
45-Day Report Form
APPENDIX B
Site Maps and Illustrations
HAZWOPER
IDOT
IEMA
IEPA
ILCS
ISGS
ISWS
JULIE
OSFM
OSHA
UST
USDA
APPENDICES
TABLES
Table 4-1 . Underground Storage Tank Summary 3
ACRONYMS AND ABBREVIATIONS
Hazardous Waste Operations and Emergency Response
Illinois Department Of Transportation
Illinois Emergency Management Agency
Illinois Environmental Protection Agency
Illinois Code of Statutes
Illinois State Geological Survey
Illinois State Water Survey
Joint Utility Locating Information for Excavators
Illinois Office of the State Fire Marshal
Occupational Safety and Health Administration
Underground Storage Tank
United States Department of Agriculture
CW'M Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 05-1539
1 . INTRODUCTION
L. Keller Oil Properties, Inc ., owner of the underground storage tanks (USTs) at the
Farina 711, reported a suspected release to the Illinois Emergency Management
Agency (IEMA). Incident Number 05-1539 was assigned on November 15, 2005 . L .
Keller Oil Properties, Inc ., then requested CW'M Company, Inc . to proceed with the
reporting and early action requirements in accordance with the requirements of 415
ILCS 5/57-57 .17 . This 45-Day Report is being prepared in response to Incident
Number 05-1539 .
The 20-Day Certification was submitted to the Illinois Environmental Protection
Agency (IEPA) on November 28, 2005 . This 45-Day Report has been prepared in
accordance with the requirements of 415 ILCS 5/57-57
.17
. The 45-Day Report Form
is included in this document as Appendix A .
The preliminary geological investigation presented in this document was performed
under the direction of an Illinois Licensed Professional Geologist and was completed in
accordance with the Professional Geologist Licensing Act and its Rules for
Administration .
A request for extension of the early action period, through April 30, 2006, was
submitted to the Illinois Environmental Protection Agency on November 28, 2005, in
order to allow for additional time to schedule and remove the underground storage
tanks, finalize early action activities, obtain landfill authorization, make necessary
arrangements for transport and disposal of contaminated backfill materials and
complete the necessary clean-up and demobilization, receive and evaluate all field
samples analytical results, and assemble all corrective action documentation
. On
December 5, 2005, the Agency approved the request through April 30, 2006 (IEPA,
2005). The 45-Day Addendum Report will be submitted within the approved time
frame to document completion of the remainder of the early action activities
.
1
CW3M Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 05-1539
2. SITE LOCATION
Farina 711 is located at 1-57 & Rt 185, Farina, Fayette County, Illinois
. The site is
located in the NE '/4 of the NE '/a of the NW '/4
of Section 32, Township 5 North of the
Centralia Baseline and Range 4 East of the Third Principal Meridian
.
3 . BACKGROUND INFORMATION
Farina 711 reported an apparent release to the IEMA and Incident Number 05-1539
was assigned to the notification .
2
CW'M Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 05-1539
4 . EARLY ACTION ACTIVITIES
Following IEMA notification of the apparent release, L . Keller Oil Properties, Inc .,
requested that CW'M proceed with reporting requirements and early action activities in
accordance with 415 ILCS 5/57-57 .17 .
While on site on December 6,
2005, CW'M personnel inspected the USTs and mapped
the site . On November 16, 2005, CW'M personal obtained a waste characterization
sample. The tanks were inspected to ensure that as much of the regulated substance as
possible had previously been removed . Additional inspections will be conducted prior
to UST removals to monitor for recoverable liquids in the tanks .
4
.1 TANK REMOVAL ACTIVITIES
CW'M is in the process of scheduling removal of the tanks . Tank information is
included in Table 4-1 .
Table 4-1 . Underground Storage Tank Summary
Prior to removal of the tanks, Joint Utility Locating Information for Excavators
(JULIE) will be contacted to locate all utilities on the site . The tanks will be inspected
again for any residual product that may have remained or water that may have
accumulated .
3
Tank
Number
Tank
Volume
(gallons)
Tank
Contents
Incident
Number
Release
Information
Current
Status
1
8,000
Gasoline 05-1539
Unknown
Out of
Service
2
8,000
Gasoline 05-1539 Unknown
Out of
Service
3
8,000
Gasoline 05-1539 Unknown
Out of
Service
4
12,000
Diesel
05-1539
None
Out of
Service
5
1,000
Heating
Oil
05-1539
None
Out of
Service
CW'M Company, Inc
.
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 05-1539
4.2 SOIL REMOVAL
No soil or backfill materials have been removed at this time
.
4.3 GROUNDWATER
Groundwater has not been encountered at the site .
4.4 FREE PRODUCT
No free product has been found at the site
.
4
CW'M Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 05-1539
5 . SITE CHARACTERIZATION
5.1 NATURE AND QUANTITY OF RELEASE
Based on visual observation and petroleum odors, a potential release of petroleum has
occurred ; however, the nature and quantity of the release is unknown at this time .
Additional information will be provided in the 45-Day Report Addendum, following
completion of all early action requirements .
5.2 SURROUNDING POPULATIONS
The population of Farina, Illinois is 575 (IDOT, 1999) . The site is surrounded by
commercial, residential, and agricultural properties .
5.3 WATER QUALITY
According to the Illinois Pollution Control Board, three Class III Groundwater
contributing area exist
; however, they are located in McHenry County, Monroe
County, and St
. Clair County . Therefore, CW'M will consider the groundwater at this
site to be Class I unless demonstrated otherwise pursuant to 35 111 . Adm. Code §
620.210.
5.4 WELL DATA
A survey of water supply wells for the purpose of identifying and locating all
community water supply wells within 2,500 feet of the UST systems and all potable
water supply wells within 200 feet of the UST systems is in progress . The Illinois
State Water Survey (ISWS), the Illinois State Geological Survey (ISGS) and the IEPA
Division of Public Water Supplies were contacted via Source Water Assessment
Program online for information on water supply wells in the vicinity of the site on
December 1, 2005. Additionally, the local unit of government with authority over the
site will be contacted to determine if there is a local ordinance or policy regulating the
usage of potable water supply wells . Information provided from the agencies will be
documented in a subsequent report .
5
CW3M Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 05-1539
5.5 SUBSURFACE SOIL CONDITIONS AND REGIONAL GEOLOGY
5.5.1 Surficial Geology
According to the 1988 "Stack-unit map", the area consists of less than 6 meters (19
.7
ft) of the Glasford Formation underlain by less than 6 meters (19
.7 ft) of the shales
from Pennsylvania bedrock (ISGS, 1988) . The Glasford Formation classification is
consistent with the "G" classification from the "Berg Circular" discussed below in
Section 5 .5.5 .
5.5.2 Bedrock Geology
Under at least 20 feet of surficial deposits, lies Pennsylvanian bedrock (ISGS, 1984) .
The eastern Illinois Pennsylvanian rocks are largely composed of clastic rocks,
sandstone, and in certain parts of the system siltstone, shale, coal and limestone can be
found (ISGS, 1975) .
5.5.3 Distribution of Aquifers
Fayette County is a favorable source for groundwater possibilities
. Some of the water
-
yielding deposits, for Fayette County, come from sand and gravel deposits at depths
below 50 to 150 feet, with a few occurring as deep as 200 feet (ISGS, 1957)
.
5.5.4 Soil Conditions
The Cisne land complex consists of poorly-drained, very slowly permeable soil with a
seasonal high water table of 0 to 2 feet below land surface
. The Cisne land complex
has a low to high shrink-swell potential and a low organic matter content
. (USDA,
1997) .
5.5.5
Potential For Contamination Of Shallow Aquifers
This section provides a description of the anticipated regional geology
. Specific data
on site soils will be developed if site evaluation is required for this site
. The literature
that may be reviewed to determine consistency with ISGS Circular 532, also known as
the "Berg Circular," is identified in Section 8 of this document
.
ISGS Circular Number 532, the Berg Circular, indicates that the site is located in an
area classified as "G" . The area "G" is representative of a region composed of
relatively impermeable bedrock .
6
CW3M Company, Inc.
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 05-1539
The geologic limitations listed within the Berg Circular 532, concerning "G" sequence,
states that the potential for contaminating shallow aquifers is very low (ISGS, 1984)
.
5
.6 CLIMATOLOGICAL CONDITIONS
Fayette County has typical south-central Illinois temperatures, with mild winters and
hot summers . The average annual precipitation is about 43 inches
. The months of
January and February are usually the driest months, and spring and summer months of
March through June being the wettest
. The warmest month is July and the coolest
month is normally January (Weather .com, 2005) .
5.7 LAND USE
The site is surrounded by residential and commerical properties and is near Interstate
57 .
7
CWM Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 05-1539
6. SITE ASSESSMENT ACTIVITIES
6.1 INITIAL ABATEMENT MEASURES AND SITE CHECK
Upon discovery of the possible petroleum release, IEMA was notified, and tank
removals are being scheduled with the Office of the State Fire Marshal (OSFM) .
CW'M collected a soil sample for waste characterization analysis on November 16,
2005 . The results of the waste characterization analysis will be documented in a
subsequent report .
During removal of the tanks, the excavation will be assessed to determine if removal of
contaminated backfill would be necessary to prevent further release
. Samples of the
walls and floor shall be conducted following source removal .
6.2 FREE PRODUCT INVESTIGATION
No free product has been observed during CW'M site investigation activities
. The free
product investigation will continue, as necessary, throughout the early action period
.
6.3 SAFETY PROCEDURES AND HAZARD MITIGATION
To ensure the health and safety of site workers and neighboring residents and
properties during excavation and tank removal activities, the on-site supervisor will be
an Occupational Safety and Health Administration (OSHA) Certified Excavation
Competent Person
. All site workers will have completed the OSHA 40-Hour
Hazardous Waste Operations and Emergency Response (HAZWOPER) Site Safety
training and refreshers . Persons who have not completed the necessary safety training
will be prevented from entering the work area
.
8
CW3M Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 05-1539
7 . CONCLUSIONS AND RECOMMENDATIONS
It was determined that a release had occurred from the USTs on the property . To
avoid further migration of contamination, removal of the USTs was deemed prudent .
The removal of the USTs will be conducted under the supervision of the OSFM . If
deemed necessary to prevent further release, contaminated backfill material will be
removed to a licensed landfill .
A better understanding of the extent of any release will be gained after tank removal
and early action operations have been completed
. An addendum to this Report will be
submitted to the IEPA, within the approved time frame, to document these additional
early action activities
.
9
CW3M Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 05-1539
8 . REFERENCES
IDOT, 1999. Illinois Department of Transportation, Official Highway Map, 1999-
2000 .
IEPA, 2005 . Illinois Environmental Protection Agency, Early Action
Correspondence, Farina 711, December 5, 2005.
ISGS, 1957 . Lidia F. Selkregg, Wayne A . Pryor, and John P . Kempton,
Groundwater Geology in South-Central Illinois, Illinois State Geological Survey,
Circular 225, 1957 .
ISGS, 1975 . H. B . William, et al ., Handbook of Illinois Stratigraphy, Illinois State
Geological Survey, Bulletin 95, 1975 .
ISGS, 1984 . R . Berg, et al, Potential for Contamination of Shallow Aquifers in
Illinois, Illinois State Geological Survey, Circular 532, 1984 .
ISGS, 1988 . R. Berg, and J . Kempton, Illinois State Geological Survey Circular
542, Stack- Unit Mapping of Geologic Materials in Illinois to a Depth of 15 Meters,
1988 .
USDA, 1997 . United States Department of Agriculture, Soil Conservation Service,
in cooperation with Illinois Agricultural Experiment Station, Soil Survey of Fayette
County, Illinois, July 1997 .
Weather .com, 2005 . Temperature and Precipitation Annual Averages,
www .weather .com, accessed December 1, 2005 .
10
APPENDIX A
45-DAY REPORT FORM
45-DAY REPORT
FARINA 711
FARINA, ILLINOIS
APPENDIX B
SITE MAPS AND ILLUSTRATIONS
45-DAY REPORT
FARINA 711
FARINA, ILLINOIS
INDEX OF DRAWINGS
Drawing
Number
Description
File Name
0001 Location Map
SiteMap .doc
0001a Topographic Map
TopoMap .doc
0002 Site/Utilities Map
site .dwg
oil lit l'3ya 194 : bt3
21 (bZ 2 Cliby
CAM
s
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
PAGE 04
1021 NORTH GRAND AVENUE EAST, P,O . Box
19276, SPRINGFIELD, ILLINOIS 62794-9276
- ( 217) 762-3397
JAMES R
. THOMPSON CENTER, 100 WEST RANDOLPH, SuiTE 11-300, CHICAGO,
IL 60601 -(312) 814-6026
ROD R .
BLAGOIEVICH, GOVERNOR
DOUGLAS
P . SCOTT,
DIRECTOR
217/782-6762
CERTIFIED MAIL
7004
2510
0001
8590 3920
MAY 2 2 2006
L . Keller Oil Properties
Attention : Charles Keller
P.O . Box 70
Effingham, IL 62401
Re:
LPC #0514155011 --
Fayette County
Farina / L
. Keller Oil Properties
1003 West Washington Avenue
Leaking UST Incident No . 20051539
Leaking UST Technical File
Dear Mr
. Keller
:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the 45-day Report
(report) submitted for the above-referenced incident
.
his report, dated December 20, 2005, was
received by the Illinois EPA on December 20, 2005
. Citations in this letter are from the
Environmental Protection Act (Act), as amended by Public Act 92-0554 on June 24, 2002, and
35 Illinois Administrative Code (35 Al . Adm . Code) .
Based on the information currently in the Illinois EPA's possession, this incident is not
subject to
Title XVI of the Act or 35 111 . Adm
. Code 731 . Therefore, the Illinois EPA Leaking
Under:ground Storage Tank Section has no reporting requirements regarding this incident
.
According to the information contained within the 45-day Report and other information in the
division file, the above-referenced Incident number was assigned as a report of a suspected
release of petroleum
from
the UST system pursuant to 41 IAC Section 170
.560 . Pursuant to 41
IAC, Section 170 .580(b), owners and operators shall investigate and confirm all suspected
releases within 14 days by conducting a site assessment pursuant to 41 JAC Section
170 .580(c) .
Additionally, pursuant to 35 IAC 734 .210(a), early action and other reporting duties are required
upon confirmation of a release
. Pursuant to 35 IAC, Section 734.115 "confirmation of a release"
means the confirmation of a release of petroleum in accordance with regulations promulgated by
the Office of the State Fire Marshal at 41 IAC Section 170
. It does not appear as though a release
was confirmed within 14 days as required by the Section 170 regulations .
ROCRFORO-4302 North Main Street, Rockford, IL 61103 - (815) 987-7760
DES PUINES-9511 W. Harrison St., Des Plaines, IL 60016 -(847) 294
.4000
ELGM4
-595
South State, Elgin, IL60)23-(847)6083131 •
PEORIA-5415 N
. University St.,
Peoria, IL 61614
- 1309) 693-5463
BuaEAUofLAND-PLORA-7620 N . UniversitySt.,Peoria, IL61614-(309)693-5462 • CHAM?AICN-2125South First Street
s
Champaign, IL61820-(217)27R-5800
SnRINOEIELD-45005 .Sixth Street Rd .,Springfield, :162706-(217)786-6892 •
CowrvswuE-2009M811Street, CoIlinavilie, 11 .62234-(618)346-5120
MARION- 2309W, Main St
., Suite 116, Marion,1L 62959 -(618) 9937200
RECEIVED
MAY 2 3 2006
BY:
('._--
.
EXHIBIT
a
03/13/199 4 04
:08
2175228009
Page 2
If you have any questions or require further assistance, please contact Carol Hawbaker at
217/782-5713
Sincerely,
Chappel, P .E.
Unit Manager
Leaking Underground Storage Tank Section
Division of Rernediation Management
Bureau of Land
HAC:CLH
c :
CW3M Company
BOL File
CWM
PAGE 05
04/06/199
4 02 :22
OearS 0M
217-715-0521
FAX
211-712-10e2
DIRMma
ARSONINVESTIGATION
217-782-Bt,e
DoaEnr4PRE88URE
VESSEL SAFETY
217-782-200s
FIRE MkENENTICn
217.783-4714
MANAGEMENT SERVICES
217 .7li98e
IN FIRS
211-751be2a
HUM W RESOURCES
217 .788-1021
PERSONIELSTANDARDS
slid EDUCATION
211-78x1442
PETROLEUM arci
OIEMICAL
. SAFETY
217 .T9a.F87a
PUBLIC INFORMATION
217-155-1021
WEB SITE
wwwstM,S.UabNn
April 6, 2006
2175228009
CWM
L
. Keller Oil Properties, Inc .
do CW3M Company
P.O. Box 571
Carllnville, IL 62626
State
"Partnering
OfficeWith
the
Fire
Fire
of
Service
theIllinois
Marshal
to Protect Illinois"
CERTIFIED MAIL - RECEIPT REQUESTED #7003 3110 0004 1274 7237
In Re :
Facility No
. 6-007996
ltMA Incident No
. 05-1539
Farina 711
i-57 & Rt . 185
Farina, Fayette Co ., IL
Dear Applicant
The
Reimbursement Eligibility and Deductible Application received on March 27, 2006 for the above
referenced occurrence has been reviewed The following determinations have been made based upon
this review .
It has been determined that you are eligible to seek payment of costs in excess of $15,000
. The costs
must be in response to the occurrence referenced above and associated with the following tanks
:
Bli¢ible Tanks
Tank 1 8,000 gallon Gasoline
Tai* 2 8,000 gallon Gasoline
Tank 3 8,000 gallon Gasoline
You
must contact the Blinols Envirolmrental Protection Agency to receive a packet of Agency billing
forms for submitting your request for payment
An owner or operator is eligible to access the Underground Storage Tank Fund if the eligibility
requirements are satisfied
:
1 .
2.
Neither the owner nor the operator is the United States Government,
The tank does not contain ibel which is exempt from the Motor Fuel Tax Law,
The costs were incurred as a result of a confined release of any of the following substances :
"Pixel",
as'degned in Section 1 .19 of the Motor Fuel Tax Law
Aviation
fuel
1035 Stevenson Drive • Springfield, Illinois 62703-4259
PStsdan
RSecled Pe
'
PAGE
11
APR 2 6 2006 -
JEY:_
_ -
EXHIBIT
04/06/1994 02 :22
2175228009
CWM
PAGE 12
Heating oil
Kerosene
Used oil, which has been refined from crude oil used in a motor vehicle, as defined in Section 1 .3
of the Motor Fuel Tax Low .
4 .
The owner or operator registered the tank and paid all fees in accordance with the statutory and regulatory
requirements of the Gasoline Storage Act .
5.
The owner or operator notified the Illinois Emergency Management Agency of a confirmed release, the
costs were incurred after the notification and the costs were a result of a release of a substance listed in this
Section
. Costs of corrective action or indemnification incurred before providing that notification shall not
be eligible for payment
.
6.
The costs have not already been paid to the owner or operator under a private insurance policy, other
written agreement, or court order .
7.
The costs were associated with "corrective action" .
This constitutes the final decision as it relates to your eligibility and deductibility
. We reserve the right to change
the deductible determination should additional information that would change the determination become available .
An underground storage tank owner or operator may appeal the decision to the Illinois Pollution Control Board
(Board), pursuant to Section 57 .9 (c) (2). An owner or operator who seeks to appeal the decision shall file a petition
for a bearing before the Board within 35 days of the date of mailing of the final decision, (35 Illinois Administrative
Code 105 .102(a) (2)).
For information regarding the filing of an appeal, please contact
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-3620
The following tanks are also listed for this site :
Tank 4 12,000 gallon Diesel
Tank 5 1,000 gallon Heating Oil
Tank 6 15,000 gallon Gasoline
Your application indicates that there has not been a release from these tanks under this incident number
. You may
be eligible to seek payment of corrective action costs associated with these tanks if it is determined that there has
been a release from one or more of these tanks . Once it is determined that there has been a release from one or more
of these tanks you may submit a separate application for an eligibility determination to seek corrective action costs
associated with this/these tanks
.
04/06/1994 02 :22
2175228009
CWM
PAGE 13
If you have any questions, please contact our Office at (217) 785-1020 or (217) 785-5878
.
Deanne Lock
Admiaistiative Assistant
Division of Petroleum and Chemical Safety
cc:
!EPA
Facility File
217/782-6762
1021
NORTH GRAND AVENUE EAST, P .O . Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276, 217-782-3397
JAMES R .
THOMPSON CENTER,
10D
WEST RANDDLPH, SUITE
11-300,
CHICAGO, IL 60601, 312-814-6026
ROD R .
BLAGOIEVICH, GOVERNOR
DEC 05 AV
L
. Keller Oil Properties
P.O. Box 70
Effingham, IL 62401
Re :
LPC # 0514155011--Fayette County
Farina/L, Keller Oil Properties
1003 West Washington Avenue
LUST Incident No . 20051539
LUST Technical File
Dear Sir or Madam :
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
CERTIFIED MAIL
7004 2510 0001 8655 0963
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the correspondence
submitted for the above-referenced incident
. This Early Action Extension was received by the
Illinois EPA on November 28, 2005
. Citations in this letter are from the Environmental
Protection Act (Act), as amended by Public Act 92-0554 on June 24, 2002, and 35 Illinois
Administrative Code (35 111 . Adm. Code).
The correspondence requested that the period for which early action costs be considered
reimbursable be extended beyond the initial 45-day period
. The Illinois EPA has determined that
early action activities for the above-referenced incident may be conducted beyond the initial 45-
day period . The initial 45-day period for which early action costs shall be considered
reimbursable is extended to April 30, 2006
.
Please note the Illinois EPA cannot extend the date on which the 45-Day Report is due .
However, the 45-day period during which underground storage tank (UST) removal and early
action activities are to be completed for reimbursement purposes may be extended pursuant to 35
111. Adm
. Code Section 732 .202(g). Therefore, the 45-Day Report must be submitted within 45
days of release confirmation .
An amended 45-Day Report or other report documenting the activities conducted during the early
action extension period must also be submitted to the Illinois EPA
. Please note that the amount
of reimbursement may be limited by Sections 57 .8(e), 57.8(g),
and 57.8(d)
of the Act, as well as
35 Ill. Adm: Code 732 .604, 732 .606(s), and 732 .611 .
ROCKFORD - 4302 North Main Street, Rockford, IL 61103 - (815) 987-7760 •
DES PLAINES- 9511 W . Harrison St ., Des Plaines, IL
ELGIN- 595 South State, Elgin, IL 60123 - (847) 608-3131
•
PEORIA - 5415 N
. University St ., Peoria, IL 61614 -(309)
BUREAU OF LAND
-
PEORIA -
7620 N . University St ., Peoria, IL 61614 - (309) 693-5462 •
CHAMPAIGN- 2125 South First Street, Champaig
SPRINGFIELD-4500 S . Sixth Street Rd.,
Springfield, IL 62706-(217) 786-6892 • CouwsvIUE-2009 Mall Street, Collinsville, IL
MARION-2309 W . Main St ., Suite 116, Marion, IL 62959-(618) 993-7200
PRINTED ON RECYCLED PAPER
EXHIBIT
I
Page 2
Submit all future correspondence to
:
Illinois Environmental Protection Agency
Bureau of Land -- #24
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9267
Please submit all correspondence in duplicate and include the Re : block shown at the beginning
of this letter
.
Within 35 days after the date of mailing of this final decision, the owner or operator may petition
for a hearing before the Illinois Pollution Control Board (Board) to contest the decision of the
Illinois EPA. (For information regarding the filing of an appeal, please contact the Board at
312/814-3620
.) However, the 35-day period for petitioning for a hearing may be extended for a
period of time not to exceed 90 days by written notice provided to the Board from the owner or
operator and the Illinois EPA within the 35-day initial appeal period. (For information regarding
the filing of an extension, please contact the Illinois EPA's Division of Legal Counsel at 217/782-
5544).
If you have any questions or need further assistance, please contact me at the telephone number
listed above .
Dougl
. Clay, P.E., Mana
Leaking Underground Storag Tank Section
Division of Remediation Management
Bureau of Land
cc:
Carol Rowe
Division File
217/782-6762
,IAN 1 9
2006
L
. Keller Oil Properties
Attn
: Charles Keller
P.O
. Box 70
Effingham, Illinois 62401
Re:
LPC #0514155011
-- Fayette County
L
. Keller Oil Properties
1003 West Washington Avenue
LUST Incident No . 20051539
LUST Technical File
Dear Owner/Operator :
The Illinois Environmental Protection Agency (Illinois EPA) has received the 45-Day Report for
the above-referenced release
. The report was dated December 20, 2005 and was received by the
Illinois EPA on December 20, 2005
. Citations in this letter are from the Environmental
Protection Act (Act), as amended by Public Act 92-0554 on June 24, 2002, and 35 Illinois
Administrative Code (35 Ill . Adm. Code).
At a later time, the Illinois EPA will conduct a full technical review of the 45-Day Report and
any other report submitted pursuant to
Section 57
.6 of the Act and 35 Ill
. Adm. Code
732.Subpart
B, in conjunction with any other plan or report selected for review (35 111
. Adm.
Code 732 .504(a)(7)).
The Illinois EPA has determined that, pursuant to Sections 57
.7(a) and 57 .12(c) and (d) of the
Act and 35 Ill
. Adm. Code 732 .100 and 732
.105, a site investigation plan and budget must be
submitted within sixty days of the date of this letter
. Please note the Illinois EPA does not
require the submission of a budget if the owner or operator does not intend to seek
reimbursement from the Underground Storage Tank Fund (Fund)
.
In addition, an owner or operator may choose to remediate soil and groundwater in accordance
with the remediation objectives at 35 Ill
. Adm
. Code 742 without conducting a site investigation .
If the owner or operator chooses not to investigate the site in accordance with the procedures
established in Section 57
.7(a) of the Act, the owner or operator may not be entitled to full
payment if a request for reimbursement from the Fund is submitted
.
ROCKFORD -4302 North Main Street, Rockford, IL 61103 -(815) 987-7760
• DES PLAINES- 9511 W
. Harrison St ., Des Plaines, IL 60
ELGIN-595 South State, Elgin, IL 60123-(847) 608-3131
• PEORIA -
5415 N . University SL, Peoria, IL 61614- 130916
BUREAU Of LAND -
PEORtA- 7620 N
.University St .,Peoria, ILb1614-(309)693-5462
•
0
CHAMPAIGN-21S South First Street, Champaign,
SPRINGFIELD-4500 5
. Sixth Street Rd ., Springfield, IL 62706- (217) 786-6892
•
COWNSVILLE- 2009 Mall Street, Collinsville, IL 622
MARION-2309 W . Main St
., Suite 116, Marion, IL 62959-16181993-7200
PRINTED ON
RECYCLED PAPER
1021 NORTH GRAND AVENUE EAST,
P .O . Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276- ( 217) 782-3397
JAMES R . THOMPSON CENTER,
100 WEST RANDOLPH,
SUITE 11-300, CHICAGO,
IL 60601 -(312) 814-6026
ROD R .
BLAGO)EVICH, GOVERNOR
DOUGLAS P
. SCOTT, DIRECTOR' r
! . .
IT-
:
1i
0
`-
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
EXHIBIT
I
Page 2
Submit all future correspondence 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
Please submit all correspondence in duplicate and include the Re
: block shown at the beginning
of this letter .
If you have any questions or need further assistance, please contact the project manager on-call in
the Leaking Underground Storage Tank Section at the above number .
Douglas . Clay,
P.E.,
Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
DWC:DKS
:mls\063483
.doc
cc:
CW3M Company
Division File
t74/11b/1994
02 :22 2175228009
W®M Comnanv
CWM
Environmental Consulting Services
Phone
:
(217) $22-8001
b
Fax (217) 532-A009
January 20, 2006
Mr . Douglas W . Clay, P .E
.,
Manager
LUST Section, Bureau of Land
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
RE
: LPC #Uulmown-Fayette County
Farina/L
. Kelley Oil Properties, Inc . (Farina 711)
1-57 & Illinois Route 185
LUST Incident Number: 2005-1539
LUST Technical Reports-Schedule for Submittal of Site Investigation Plan
Dear Mr . Clay :
On behalf of L . Keller Oil Properties, Inc
., owner of the underground storage tanks at the
subject property, I would like to verify the reporting schedule for the above-referenced site
.
L . Keller Oil Properties, Inc . submitted a 45-Day Report for the site on December 20, 2005
.
The IEPA requested submittal of a Site Investigation Plan and Budget no later than March 20,
2006 . However, an extension of the early action period through April 30, 2006, was approved
by the IEPA on December 5, 2005
. The 45-Day Report Addendum will be submitted no later
than April 30, 2006 .
Based on past experience with other sites, we assume that the March 20, 2006, submittal date
for the Site Investigation Plan and Budget will be revised by the IEPA upon receipt of the 45-
Day Report Addendum
. We also assume that the Agency realizes that it is necessary for us to
complete the early action activities before we can determine if site investigation is necessary .
Furthermore, complete information from early action is necessary in order to prepare an
adequate work plan
.
Upon acknowledgment of the review of the 45-Day Report Addendum, and if required by the
IEPA, we will prepare and submit the Site Investigation Plan and Budget
. If you have any
questions or require additional information, please contact Mr
. Vince Smith or me at (217) 522-
8001 . Your attention to this matter is greatly appreciated .
701 W
. South Grand Avenue
Springfield, IL 6 2
22704
owe, P.G .
Senior Environmental Geologist
,cc :
Mr . Charles F . Keller, .L. Keller Oil Properties, Inc .
Mr . William T . Sinnott,
CWM
Company, Inc .
I: /X .IIat95-1539/IEPACOASIPDua .doc
701 W
. South
Grand Avenue
400 W. Jackson,
Suite C
Springfield, IL 62704
Marion, IL 62959
(217) 522-8001
(618) 997-2238
EXHIBIT
PAGE 06
04/06/199 4 02 :22
2175228009
CWM
Environmental Consulting Services
February 7, 2006
Mr
. Douglas W
. Clay,
P .E ., Manager
LUST Section, Bureau of Land
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
RE: LPC #Unknown-Fayette County
Farina/L . Keller Oil Properties, Inc . (Farina 711)
1-57 & Illinois Route 185
LUST Incident Number: 2005-1539
LUST Technical Reports-Release Confirmation/Incident Re-Reporting
Dear Mr
. Clay :
On behalf of L . Keller Oil Properties, Inc ./Farina 711 please be advised that the UST
removals were completed on February 7, 2006 under the supervision of OSFM Tank
Specialist, Terry Weedman at the above referenced site . The tanks were removed from
service in response to incident Number 2005-1539 . Contamination was evident within
the excavation and it was attributed to the initial incident . Removal of the contaminated
soil was subsequently initiated
.
Mr. Weedman stated that standard OSFM procedure was to require owners/operators to
report a release regardless of status of a pre-existing release . The UST system removal
was conducted in response to Incident Number 2005-1539 as part of the early action
measures .
The second incident, Incident Number 2006-0136 was reported on February 7, 2006 .
As there was no indication or evidence of a new release, on behalf of L . Keller Oil
Properties, Inc ., we respectfully request that the re-reported incident or release
confirmation incident and all associated reporting requirements be dismissed
.
701 W . South Grand Avenue
400 W . Jackson, Suite C
Springiic1d, IL 62704
Marion, IL 62959
(217) 522-8001
(618) 997-2238
PAGE 07
®
701 W.Sooth
CW M
CoDIDanv
Springfield .
ILIL Avenue62704
Phone : (217) 522-8001
Fax : (217) 522-8009
I
04/06/1994
02
:22
217522B
0 @9
The 45-Day Report was submitted to the Illinois Environmental Protection Agency
within 45 days of the reported release . Information on activities performed during the
time period beyond the initial 45 days will be submitted to the IEPA in an addendum
.
If you have any questions or require additional information, please contact Mr . Vince
Smith or me at (217) 522-8001 . Your attention to this matter is greatly appreciated .
Carol L . Rowe, P .G .
Senior Environmental Geologist
xc:
Mr. Charles F
. Keller, L. .Keller Oil Properties, Inc .
Mr
. William T
. Sinnott,
CW'M Company
. Inc
.
CWM
11xe11e,p5
.1539/fEpACoe\Re1COnT2nCinc
.da
PAGE
08
1021 NORTH GRAND AVENUE EAST, P .O . Box 19276, SPRINGFIELD, ILLINOIS 62794-9276-(217) 782-3397
JAMES R . THOMPSON CENTER, 1 DO WEST RANDOLPH, SUITE 11-300, CHICAGO,
IL 60601 - (312) 814-6026
ROD R
.
BLAGOJEVICH, GOVERNOR
DOUGLAS P . SCOTT, DIRECTOR
217/782-6762
May 9, 2006
L
. Keller Oil Properties
Attn: Charles Keller
P.O. Box 70
Effingham, IL 62401
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Re:
LPC #0514155011
-- Fayette County
L. Keller Oil Properties
1003 West Washington Avenue
Leaking UST Incident No
. 20051539
Leaking UST Technical File
Dear Owner/Operator :
The Illinois Environmental Protection Agency (Illinois EPA) has received the 45-Day Report,
which included a Stage 1 Site Investigation Plan and Budget certification, for the above-
referenced release . The report was dated April 24, 2006 and was received by the Illinois EPA on
April 27, 2006 . Citations in this letter are from the Environmental Protection Act (Act), as
amended by Public Act 92-0554 on June 24, 2002, and 35 Illinois Administrative Code (35 Ill .
Adrn
. Code).
At a later time, the Illinois EPA will conduct a full technical review of the 45-Day Report and
any other report submitted pursuant to Section 57
.6 of the Act and 35 Ill
. Adm
. Code
734
.Subpart B, in conjunction with any other plan or report selected for review (35 Ill . Adm.
Code 734.505) .
Pursuant to your certification, the Stage 1 Site Investigation Plan is approved and must be
conducted in accordance with 35111 . Adm. Code 734 .315
. The budget, if applicable, is approved,
and costs must not exceed the amounts set forth
in 35 Ill . Adm
. Code 734
.Subpart H, Appendix
D, and Appendix E
. Please be advised that, if you do not meet the eligibility requirements as
determined by the Office of the State Fire Marshal, you may not be entitled to payment from the
Underground Storage Tank Fund for costs incurred
. You must proceed with the Stage 1 site
investigation in accordance with 35111 . Adm. Code 734
.315 .
The Illinois EPA has determined that, pursuant to Sections 57
.7(a) and 57
.12(c) and (d) of the
Act and 35 Ill . Adm . Code 734
.305, a site investigation plan and budget for the subsequent stage
of investigation (including the results of the Stage 1 site investigation and a summary of actual
costs) or a site investigation completion report (if the extent of contamination is define
ROCKFORD -4302 North Main Street, Rockford, IL 61103-(815) 987-7760 •
DES PLAINES-9511 W. Harrison St
., Des Plains, IL 6001
ELGIN - 595 South State, Elgin, IL 60123 - (847) 608-3131 • PEORIA -5415 N . University St ., Peoria IL 61614 ( - 309) 69
BUREAU Or LAND-PEORIA-7620 N . University St ., Peoria, IL 61614-(309) 693-5462 •
CHAMPAIGN- 2125 South First Street, Champaign, IL
SPRINGFIELD-4500 S . Sixth Street Rd ., Springfield, IL 62706- (217) 786-6892 • COLLINSVILLE - 2009 Mall Street Collinsville, IL 6223
MAWON- 2309 W, Main St., Suite 116, Marion, IL 62959-(618) 993-7200
Pu,N1cn nN Rrrvfl En PAPER
RECEIVED
MAY 1 0 2006
BY:
EXHIBIT
Page 2
submitted within 90 days of the date of this letter
. Please note that the Illinois EPA does not
require the submission of a budget if the owner or operator does not intend to seek payment from
the Underground Storage Tank Fund (Fund)
.
In addition, an
. owner or operator may choose to remediate soil and groundwater in accordance
with the remediation objectives at 35111
. Adm. Code 742 without conducting a site investigation
.
If the owner or operator chooses not to investigate the site in accordance with the procedures
established in Section 57
.7(a) of the Act, the owner or operator may not be entitled to full
payment if a request for payment from the Fund is submitted
.
Submit all future correspondence 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
Please submit all correspondence in duplicate and include the Re
: block shown at the beginning
of this letter
.
If you have any questions or need further assistance, please contact the project manager on-call in
the Leaking Underground Storage Tank Section at the above number
.
Sincerely,
D
Clay, P.E., Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
DWC :DKS:dks\
c:
[ ..
;
z,.k
BOL File
