BEFORE THE POLLUTION CONTROL BOARD
NOTICE
SECTION 2
Re: LPC# 1198995017
Mitchell/Piasa Motor FuelsHwy. 270 and Route 111LUST Incident No. 992267
CERTIFICATE OF SERVICE

~ECE~VEi~

CLERK’S

OFFICE

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

SEP

2 5

2003

PIASA MOTOR FUELS,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Petitioner,

Respondent.

STATE OF ILLINOIS

Pollution Control Board

)

PCBNo.04-

)

(LUST Appeal

—

Ninety Day Extension)

)

NOTICE

Matt Cherry, Project Manager

United Science Industries

P.O. Box 360

6295

East Illinois Highway 15

Woodlawn, IL 62898-0360

)

PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution

Control Board a REQUEST FOR NiNETY DAY EXTENSION OF APPEAL PERIOD, copies of which

are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

John

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: September 23, 2003

CLERK’S OFFrr’,~

BEFORE

THE POLLUTION CONTROL BOARD

SEP 2 ~ 200

OF THE STATE OF ILLINOIS

STATE OFILLINOIS

PIASA MOTOR FUELS,

)

Pollution Control Board

Petitioner,

)

PCB No. 04-

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

REQUEST FOR

NINETY

DAY

EXTENSION

OF APPEAL

PERIOD

NOW COMES the Respondent, the Illinois Environmental Protection Agency (“Illinois

EPA”), by one of its attorneys, John J. Kim, Assistant Counsel and Special Assistant Attorney

General, and, pursuant to Section 40(a)(1) of the Illinois Environmental Protection Act (415

ILCS

5/40(a)(1))

and 35 Ill. Adm. Code 105.208, hereby requests that the. Illinois Pollution

Control Board (“Board”) grant an extension ofthe thirty-five

(35)

day period for petitioning for a

hearing to December 23, 2003, or any other date not more than a total of one hundred twenty-

five

(125)

days from August 20, 2003, the date of the Illinois EPA’s final decision. In support

thereof, the Illinois EPA respectfully states as follows:

On August 20, 2003, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

On September 19, 2003, the Petitioner made a written request to the Illinois EPA

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

requesting that the Board extend the thirty-five day period for filing a petition to ninety days.

The Petitioner represented that the final decision was received on August 20, 2003. (Exhibit B)

The additional time requested by the parties may eliminate the need for a hearing

in this matter or, in the alternative, allow the parties to identify issues and limit the scope of any

hearing that may be necessary to resolve this matter.

WHEREFORE, for the reasons stated above, the parties request that the Board, in the

interest of administrative and judicial economy, grant this request for a ninety-day extension of

the thirty-five day period for petitioning for a hearing.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

John

Assistant Counsel

Special Assistant Attorney General

Division of Legal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: September 23, 2003

This filing submitted on recycled paper.

I’

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST,. P.O. Box 19276,. SPRINGFIELD, ILLINOIS 62794-9276

JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 1 1-300, CHICAGO, ‘IL 60601

RoD

R. BLAGOJEVICH, GOVERNOR

RENEE CIPRIANO, DIRECTOR

217/782-6762

‘

CERTIFIED

MAIL

7002 3150 0000 1224 3954

AUG

Piasa Motor Fuels

‘

Attrt: Mr. R. William Schrimpf

P.O. BOx 484

Alton, Illinois 62002

Re: LPC #119899501 7-- Madison County

‘

Mitchell/Piasa MotorsFuel (One Stop Shop)

Hwy. 270 and Rt. 111

LUST Incident No. 992267 (re-reporting 992713)

LUST Technical File

Dear Mr. Schrimpf:

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority Site

Investigation Corrective Action Plan (plan) submitted forthe above-referenced incident. This

information, dated July 2003, was received by the Ilimois EPA on July

25,

2003 Citations in

this letter are from the Environmental Protection Act (Act) and

Illinois ‘Administrative Code

(35

111. Adiñ. Code).

‘

,‘

‘

Pursuant to ‘Section

57.7(c)(4)

ofthe Act and 35 Ill. Adm. Code

732.405(c),

the plan is modified.,

The modifications listed below are necessary, in addition to those provisions already outlined in

the plan, to demonstrate compliance,with Title XVI of the Act and 35 Ill. Adm. Code 7’32

Please note that the activities proposed in the plan are for investigative purposes only. Final

approval for’correc’tive•action activities is contingent upon the submital of a High Priority

Corrective Action Plan that documents the results ofthe proposed investigation and satisfies the,

requirements set forth in Section 57.7(c)(1).of the Act and 35111. A’dm. Code 732.404. The

required modification(s) is/are as follows:

1. Soil contamination has been defined at this site; however, the Figure 2 Soil Plume map

included in the plan did not encompass the soil contamination identified at BH9. Please note

that this area ofsoil contamination should be included in future soil plume maps and must be

considered in the final HPCAP.

“.

‘ ‘

2. It is proposed in the plan that because the hydraulic conductivity was calculated to be 3.63 x

10—5 cmlsec, the site will be remediated to Class II Residential Remediatioñ Objectives.’ If it

is desired to use the Class II objectives, then all the criteria for determining Class II

RocxFoao —4302 North Main Street, ~

Plaines, IL 60016 —(847) 294-4000

Eicir~—595 South State, Elgin,

61614 — (309) 693-5463

BuntAu OF LAND

PEORIA

—7620 N. University St.

~et,

Chathpaign, IL 61820— (217) 278-5500

SPRINGFIELD

— 4300 5. Sixth Street Rd., Spri

I(insville, IL 62234 —(618) 346-~120

M~.

Page2

groundwater, outlined in 35 JAC Part 620, Subpart B, must be satisfied. Specifically,” boring’

logs submitted with the plan indicated “brown coarse sand” and “silty sand” at intervals

greater than

feet in thickness. The percentage offines must be determined for these units

and groundwater yield should also be calculated. In addition, it was previously indicated in

the plan that an Industrial/Commercial restriction was required to eliminate the lead concerns

in soil. Therefore, please note that the site should be remediated to Industrial/Commercial

objectives, not Residential.

‘ ‘

‘

In addition, the budget for the High Priority Site Investigation Corrective Action Plan, is modified

pursuant to Section 57.7(c)(4) of the Act and 35 111. Adm. Code

732.405(c).

Based on the

modifications listed in Section 2 ofAttachment A, the amounts listed in Section 1 ofAttachment

A are approved. Please ‘note that the costs must be incurred in accordance with the approved

plan. Be aware that the amount ofreimbursement may be limited by Sections 57.8(e), 57.8(g)

and

57.8(d)

ofthe Act, as well as 35 Ill. Adm. Code, 732.604, 732.606(s),. and 732.611.

Please note that, if the owner or,operator agrees with the Illinois EPA’s modifications, submittal

ofan amended plan ‘and/or budget, if applicable, is not required (Section 57.7(c)(4) ofthe Act

and 35 Iii. Adm. Code 732.503(f)). Additionally, pursuant to Section 57.8(a)(5) ofthe Act and

35 Ill. Adm. Code 732.405(e), if reimbursement will be sought for any additional costs that may

be incurred as a result ofthe Illinois EPA’s modifications, an amended ‘budget must be submitted.

NOTE: ‘Amended plans and/or budgets must be submitted and approved prior to the issuance of

a No Further Remediation (NFR) Letter. Costs associated with a plan or budget that have not

been approved prior to the issuance of an NFR Letter will not be reimbursable.

Pursuant to 35 Ill. Adm. Code 732.401, the site investigation results and a High Priority

Corrective Action Plan demonstrating compliance with the requirements set forth in Section

57.7(c)(l)

ofthe Act and 35 Ill. Adm. Code 732.404 must b~submitted within 90 days ofthe

dateofthisletterto:

‘

, ‘

‘

‘ ‘

Illinois Environmental Protection Agency

‘

Bureau ofLand

#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

ofthis letter.

Page 3

An underground storage tank system owner or operator may appeal this decisionto the Illinois’

Pollution’ Control Board. Appeal rights are attached.

If you have any questions or need further assistance, please contact Lesli Reynolds at

217/557-

7048.

‘ ‘

Hémando A. Albarracin

‘.

‘

‘Unit Manager

‘

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau ofLand

‘

HAA:~(Revi~edHPCAP & Budget Modification Letter.doc

Attachment: ‘Attachment A

Appeal Rights

‘

Matt Cherry, United Science Industries, Inc.

Division File

Sincerely,

‘H

‘II

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)(D)

ofthe Act by filing a’petition

for a hearing within 35 days after the date ofissuance ofthe fmal decision. However, the 35-day

period may be extended for a period oftime not to exceed 90 days by written notice from ,the

owner or operator and the Illinois EPA within the initial 35-day appeal period. Ifthe 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 ofthis decision, must be sent to the

‘Illinois EPA as soon as possible.

For information regarding the filing ‘ofan appeal, please bontact:

‘Dorothy Gunn, Clerk

, .

‘

IllinoIs Pollution Control Board

State ofIllinois Center

100 West Randolph, Suite 11-500

chicago, IL 60601

‘

‘312/814-3620.,

‘

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

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021 North Grand Avenue East

‘Post Office Box 19276

Springfield, IL 62794-9276

217/782-5544

LPC#l198995017--Madison County

Mitchell/Piasa Motors Fuel (One Stop Shop)

Hwy.27OandRt.lll

LUST Incident No. 992267 (re-reporting 992713)

LUST Technical File

SECTION 2

Budget Section

Subsection

Item to be Revised Budget Amount ‘

‘

Comments

I. Investigation

Costs

‘

1. Drilling Costs

. BH-3/MW2;

BH4/?~TW3;BH6/MW4

‘

‘‘

3 borings to 25 feet

$14.46/foot

‘‘

‘

‘‘

‘

CUT $1,084.50

‘

These borings were conducted und,er

Site Classification and are not

reimbursable under Corr~ctiveAction.

Inconsistent with technical plan1.

I. Investigation

bosts

3. Monitoring Well

Installation Materials

Dedicated Poly Bailer

11 units

$20.00 per unit

‘

CUT $44.00

. ‘

‘

I. Investigation

Costs

‘

3. Monitoring Well

Installation Materials

‘‘

‘

Well sand

‘

‘‘

.~—

45 units

$17.50 per unit ‘~

‘ ‘.

—‘-“-—.—--—--—~

‘ ) ~

P~5

Unit rate is unreasonable’.

CUT $202.50

‘

Unit rate is unreasonable’.

‘

I.’Investigation

Costs

‘

Monitoring Well

Installation Materials

‘‘

2” x 10’ PVC riser

9 units ~ $40.00 per unit

‘‘

‘~ ‘~

~‘3

CUT $90.00

‘

Unit rate is unreasonable’.

I. Investigation

Costs

3. Monitoring Well

Installation Materials ‘

2” expandable‘plug

‘‘‘

12 units

$25.00 ‘per unit

‘

‘‘

‘

CUT $90.00

‘

Unit rate is unreasonable2.

Investigation

Costs ,

3. Monitoring Well

Installation Materials

‘

Well sand (50 lb bag)

‘

‘‘

‘

15 units

$13.50 per unitS

‘

‘ , ,

CUT $6.50

‘

Unit rate is unreasonable’.

G. Personnel

Costs

‘

Project Manager

‘

Report Prep: Proj.

Admin, Work’ Plans,

Client & EPA

Corresp.,

CAP/Budget

181 hours

$95.00 per hour

‘‘

CUT $7695.00

‘

Number of hours is unreasonable’.

‘

‘ ‘

‘

Personnel

foraftsman

‘

1Costs

‘

Report Prep:

Mapping, Figures,

26 hours

$55.00 per hour

‘

CUT $330.00

‘

Re:

Attachment A

Citations in this attachment are from the Environmental Protection Act (Act) and

Illinois

Administrative Code

(35

111. Mm. Code).

‘

SECTIONL

As a result ofthe Illinois EPA’s modification(s) in Section 2 ofthis Attachment A, the following.

amounts are approved:

$8,901.55

$4,300.00

$20,126.75

$1,138.75

$409.78

$527.88

Investigation Costs

Analysis Costs

Personnel Costs

Equipment Costs

Field Purchases and Other Costs,

Handling Charges

!~‘

Budget Section Subsection

Item to be Revised Budget Amount ‘

‘

Comments

‘

Diagrams

‘

Number of hours is unreasonable~. —

G. Personnel

Costs ,

Proj. Coordinator

‘

‘‘

Report Prep:

Reimbursement Pkg.

‘‘

CUT $300.00

‘

G.Personnel

Costs

Project Manager

‘

Prep. & Budget Data

Excavation: Project

Management,

Professional

Oversight

‘

27.75 hours c~$95.00 per hour

‘‘

‘

NUmber of hours is unreasonable2.

CUT $1045.00

—.~--—~

Number of, hours is unreasonable2.

‘‘

H. Equipment

Costs

EquipmentTable—

‘

Preparation of CAP

PID ,

‘

‘‘

CUT $10

‘

Unit rate is unreasonable’.

These costs are inconsistent with the associated technical plan. One of the overall goals ofthe financial review is to assure that costs

assOciated with materials, activities, and services Shall be consistent with theassociatedtechnical plan

(35

III. Adm. Code 732.505(c)).

One of the overall gOals ofthe financial review is to assure that costs associated with materials, activities and services are reasonable

(35

Ill.

Adm. Code

732.505(c)).The

budget includes costs that are not reasonable as submitted (Section 57.7(c)(4)(C) ofthe Act and 35 IIlAdm.

Code 732.606(lili)).

‘

‘ ‘

:‘

~k\Revised

HPCAP Budget Aft A.doc

P.O. Box 360

6295 East Illinois Highway 15

Woodlawn, Illinois 62898-0360

Phone: (618) 735—2411

Fax: (618) 735—2907

E-Mail: unitedscience@unitedscience.com

September 19, 2003

Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

Springfield, IL 62792-9276

Attn: John Kim

Re:

LPC# 1198995017

Mitchell/Piasa Motor Fuels

Hwy. 270 and Route 111

LUST Incident No. 992267

Mr.

Kim:

United Science Industries, Inc. (USI), on behalf of our client, Mr. R. William

Schrimpf, is requesting a 90-day extension to the 35-day appeal period in

regards to the IEPA correspondence dated August 20, 2003 and received by Mr.

R. William Schrimpf on August 20, 2003. A copy of the correspondence is

attached.

I appreciate your time and consideration in

questions or comments concerning the above,

2411 ext. 185.

Sincerely yours,

UNITED SCIENCE INDUSTRIES, INC.

Matt Cherry

Project Manager

this matter.

If you have ,any

please contact me at (618) 735-

RECEIVED

DiVi~i~ñøf L~~J

OoUn~I

SEP 22 2DO~

Envir~nmøntaii~rot~otLon

Agency

UNITED SCIENCE INDUSTRIES

Enclosures

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on September 23, 2003, I served

true and correct copies of a REQUEST FOR NiNETY DAY EXTENSION OF APPEAL

PERIOD, by placing true and correct copies in properly sealed and addressed envelopes and by

depositing said sealed envelopes in a U.S. mail drop box located within Springfield, Illinois, with

sufficient First Class Mail postage affixed thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

Matt Cherry, Project Manager

Illinois Pollution Control Board

United Science Industries

James R. Thompson Center

P.O. Box 360

100 West Randolph Street

6295 East Illinois Highway 15

Suite 11-500

Woodlawn, IL 62898-0360

Chicago, IL 60601

ILLNOIS ENVIRONMENTAL PROTECTION AGENCY,

Assistant Counsel

Special Assistant Attorney General

Division of Legal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)