ILLINOIS

POLLUTION

CONTROL

BOARD

THE

MATTER

OF:

DICKERSON

PETROLEUM,

INC.,

Petitioner,

)

PCB

09—87

PCB

10-5

(UST

Appeal)

(Consolidated)

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

Reported

By:

Karen

Waugh,

CSR,

RPR

CSR

License

No:

084—003688

KEEFE

REPORTING

COMPANY

11 North

44th

Street

Belleville,

62226

(618)

277—0190

vs.

Proceedings

held

September

16,

2009,

9:19

a.m.,

the

office

the

Illinois

Pollution

Control

Board,

1021

North

Grand

Avenue

East,

Springfield,

Illinois,

before

Carol

Webb,

Hearing

Officer.

Keefe

Reporting

Company

APPEARANCES

HODGE

DWYER

DRIVER

BY:

Mr.

Edward

Dwyer

Ms.

Monica

Rios

Attorneys

Law

3150

Roland

Avenue

Springfield,

Illinois

62705—5776

behalf

the

Petitioner

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

BY:

Mr.

James

Richardson

Assistant

Counsel

Division

Legal

Counsel

1021

North

Grand

Avenue

East

Springfield,

Illinois

62794—9276

behalf

the

Respondent

Keefe

Reporting

Company

CX)

(ii

C&)

-J

CA)

(I)

C!)

(I)

HAD)

HA:!

EXHIBITS

NUMBER

INTRODUCED

ENTERED

Petitioner’s

Exhibit

No.

Petitioner’s

Exhibit

No.

Petitioner’s

Exhibit

No.

Petitioner’s

Exhibit

No.

Petitioner’s

Exhibit

No.

Petitioner’s

Exhibit

No.

Petitioner’s

Exhibit

No.

Petitioner’s

Exhibit

No.

Keefe

Reporting

Company

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(51

Board’s

rules

and

will

conducted

pursuant

Sections

101.600

through

101.632

the

Board’s

procedural

rules.

this

time

I will

ask

the

parties

please

make

their

appearances

the

record.

MR. DWYER:

behalf

the

petitioner,

name

is Edward

Dwyer

from

the

law

firm

of Hodge

Dwyer

Driver.

HEARING

OFFICER

WEBB:

Okay.

MS.

RIOS:

Monica

Rios

behalf

of the

petitioner,

Hodge

Dwyer

Driver.

MR.

RICHARDSON:

For

the respondent,

Greg

Richardson

from

the

Illinois

EPA.

HEARING

OFFICER

WEBB:

Thank

you

very

much.

understand

that

have

one

preliminary

matter

discuss

the

record,

and

that

the

parties’

agreement

that

few

documents

were

accidentally

left

out

the

record

that

was

filed

with

the Pollution

Control

Board.

that

correct?

MR.

DWYER:

think

that’s

correct,

Hearing

Officer.

MR.

RICHARDSON:

Yes.

HEARING

OFFICER WEBB:

Okay.

And

I’ve

been

given

copy

of that

that

will

file

with

the Board,

and

has

the

page

numbers

beginning

with

the

page

that

was

Keefe

Reporting

Company

left

off

from

the

record

that

was

filed

with

the

Board.

Is there

anything

you’d

add

to that?

MR.

DWYER:

don’t

have

anything.

Greg?

MR.

RICHARDSON:

No.

HEARING

OFFICER

WEBB:

Okay.

this

document

admitted

a supplement

the

administrative

record

correct

what

was

filed

with

the

Board.

Are

there

any

other

preliminary

matters

you’d

to discuss

on the

record?

MR.

DWYER:

Yes.

the

Hearing

Officer

please,

just

want

to confirm with

counsel

for the

respondent

that

I think

have

agreement

foundation

for

Petitioner’s

Exhibits

through

and 8.

HEARING

OFFICER

WEBB:

Okay.

you

want

discuss

those

now

just

wait

until

they

come

the

course

the

hearing?

MR.

DWYER:

can

either

one.

you

have

a preference?

MR.

RICHARDSON:

It’s

whatever

you

prefer.

MR.

DWYER:

I mean,

you

want

describe

what

the

exhibits

are?

Would

that

useful

for

the

record?

HEARING

OFFICER

WEBB:

you

Well,

why

don’t

ahead

and

——

can

go ahead

and

admit

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testimony,

this

case

——

I mean,

that’s

not

——

you

know,

normally

for underground

storage

tank

appeals

have the

——

least someone

from

the

technical

unit from

the Agency

assist

the agency

attorney,

this

particular

instance

I’m

going

to allow

Mr.

Gaydosh

remain.

MR. DWYER:

All

right.

HEARING

OFFICER

WEBB:

You

know, I

think

maybe

in the future

can work

out where

can

have

somebody

—- you

know,

Mr. Richardson

was

aware

advance,

he could

have had

somebody

else just

in case,

you

know,

give

him information

some

the

technical

requirements,

but

that’s

only

concern

with

excluding

Mr. Gaydosh.

MR. DWYER:

Okay.

And

just for

the

record

want

make

sure that

Mr.

Gaydosh’s

supervisor,

who

would

presumably

have

similar

knowledge,

is unavailable.

MR. RICHARDSON:

Yes.

He’s

vacation.

MR. DWYER:

Okay.

MR.

RICHARDSON:

Yeah.

I mean,

just

learned

that yesterday,

so ——

HEARING

OFFICER

WEBB:

Are there

any

other

preliminary

matters

discuss

on the

record?

MR.

RICHARDSON:

Was

motion

to exclude

Keefe

Reporting

Company

granted

did you

have

an objection

to that

—-

MR. DWYER:

Well,

I think

that that’s

sort

turnabout

is fair

play.

HEARING

OFFICER

WEBB:

Well,

yeah,

I would

say

so -—

MR.

RICHARDSON:

Oh,

no, no.

HEARING

OFFICER

WEBB:

-- unless

there’s

any

particular

reason

that

you ——

MR.

RICHARDSON:

No, I --

MR.

DWYER:

mean,

I -—

mean, my

response

would be

HEARING

OFFICER

WEBB:

Yeah.

MR.

DWYER:

-- you

know,

that’s

motion

that

needs

to apply

all parties,

not one.

HEARING

OFFICER

WEBB:

I agree.

MR.

RICHARDSON:

Yeah.

No, that’s

fine.

HEARING

OFFICER

WEBB:

Are

there

any other

preliminary

matters

discuss

on the

record?

MR.

DWYER:

don’t

have

any.

you

have

any?

HEARING

OFFICER

WEBB:

Okay.

MR.

RICHARDSON:

No.

HEARING

OFFICER

WEBB:

Would

the

petitioner

make any

opening

statement?

Keefe

Reporting

Company

MR.

DWYER:

No.

We’ll

waive

opening

statement,

Your

Honor.

HEARING

OFFICER

WEBB:

Would

the

respondent

make

any

opening

statement?

MR.

RICHARDSON:

would

also

waive

opening

statement.

HEARING

OFFICER

WEBB:

Okay.

Petitioner,

you

may

call

your

first

witness.

MR.

DWYER:

Okay.

would

call

the

stand

Mr.

Tom

Herlacher.

HEARING

OFFICER

WEBB:

Mr.

Herlacher,

would

you

come

have

seat

right

here,

please,

and

would

the

court

reporter

please

swear

the

witness?

(Witness

sworn.)

MR.

DWYER:

apologize.

Can

off

the

record

just

for

two

minutes?

HEARING

OFFICER

WEBB:

Yes.

(Off

the

record.)

REARING

OFFICER

WEBB:

We’ll

back

the

record,

and

you

may

begin

questioning

your

witness.

THOMAS

HERLACHER,

produced,

sworn

and

examined

behalf

the

Petitioner,

testified

follows:

DIRECT

EXAMINATION

MR.

DWYER:

Keefe

Reporting

Company

Okay.

Mr.

Herlacher,

just

please

state

your

full

name

for

the

record.

Thomas

Leo

Herlacher.

Okay.

Are

you

employed,

Mr.

Herlacher?

Yes,

am.

And

where

are

you

employed?

With

Herlacher

Angleton

Associates.

How

long

have

you

been

employed

Herlacher?

Since

started

the

company

January

1999.

Okay.

And

how

many

employees

does

Herlacher

Angleton

Associates

have?

Including

the

owners,

have

right

now.

Okay.

And

just

for

ease

our

discussion

here,

I’m

going

refer

Herlacher

Angleton

Herlacher.

Sure.

Will

you

understand

what

I’m

talking

about?

Yes.

All

right.

And

tell

just

describe

briefly

for

the

Hearing

Officer,

what

does

Herlacher

do?

Well,

have

general

environmental

consulting

firm.

phase

environmental

Keefe

Reporting

Company

assessments,

remediation

projects,

underground

tank.

manage

underground

tank

removal

projects

and

interface

between the property

owner

and

the

Illinois

EPA

for

reporting

purposes

regulatory

matters.

Okay.

I’m

going

show

you what’s

been

marked

and

agreed

Petitioner’s

Exhibit

A, already

admitted

into

evidence.

Would

you

look

that

and

just

tell

briefly

what

that

document

is?

This

is my

resume.

All

right.

And

just

to cover

some

that,

Mr.

Herlacher,

would

you

just

briefly

summarize

your

educational background

from

high

school?

have

bachelor’s

degree

mechanical

engineering

from

Oklahoma

University

December

1978,

MBA

from

University

of Arkansas

Little

Rock

May

1987.

Okay.

And

you

have

any

other

certifications

or licenses?

I’m

a professional

engineer

registered

several

states.

Okay.

And

does

that

include

Illinois?

Yes,

does.

And

can

you

tell

me, as

sit

here

today

and

you review

Petitioner’s

Exhibit

that

Keefe

Reporting

company

accurate

and

up—to—date

copy

of your

curriculum

vitae?

Yes,

it is.

Now,

let’s

talk

a little

bit more

about

the

matter

we’re

here

about.

Describe

for

me,

Mr.

Herlacher,

your

dealings

with

Illinois

EPA.

What

kind

of work

you

that

involves

them?

Well, underground

tank

remediations

and

reporting

and

Okay.

That’s

fine.

What

I’d

to ask

you

now, is

there

a specific

part of

the agency

with

whom

you

deal

regarding

those types

matters?

Well, it’s

Bureau

of Land,

leaking

underground

storage

tank

section.

Okay.

If you

look

at the

-- open

up the

copy of

the record

that

you

have

to the

first

page

of the

record,

which

is 001,

are you

familiar

with

a site

called

the

Cahokia

Quick

Shop?

Yes,

I am.

Okay.

And

is that

the

site

that’

really

the

subject

matter

of the

hearing

today?

I believe

is,

yes.

And as

we talk

through

your

testimony,

I’m

going

to refer

that

location

as the

site, and

just

confirm,

that

is a

site

located

at --

thought

it was

Keefe

Reporting

Company

HEARING OFFICER

WEBB:

823

Upper

Cahokia

Road?

MR. DWYER:

Oh,

have it

in my

notes.

Yes,

it’s

823 -- that’s

correct,

Hearing

Officer. Thank

you.

Yeah.

(By

Mr. Dwyer) That’s

the

site that we’re

going to

talking

about today, okay?

Right.

All

right.

Just tell me

briefly again,

how

did

you become involved

with

the site?

Well,

Dickerson Petroleum

has

been

client

of mine for

about 15

years, and there

was

some

concern

their

part about

the possibility

that

there might

be some

contamination

around

the tanks.

Okay. Well,

tell me

a little

bit more.

What is the site?

What is

there?

It’s

convenience

——

let

me strike that.

Tell me

what

was

there when

you

first

got

involved

with the site.

Well, there

was

a couple

of underground

storage

tanks

and some pumps

and

canopies

and

a building

where

a convenience

store was located.

Okay.

And tell me,

when is

-- to the best

of your

recollection,

when

did

you first

become aware

Keefe

Reporting

Company

this site?

Oh,

guess

probably

December

January

2008.

December

2007?

December

of 2007,

January

of 2008,

somewhere

in that

period

of time.

Okay.

And

were you

——

how

——

I mean,

how

did

you

were you

contacted

about

the site?

Right,

the property

owners.

mean,

the

tank owners

contacted

me initially.

And

just to

clarify,

is that

Dickerson

Petroleum?

Dickerson

Petroleum,

yeah.

And

again,

for

clarification,

you

said

that

they

own the

tanks.

They

own the

tanks.

They don’t

own

the

property.

They

don’t

own the

real

estate.

Right.

Okay.

And so

what did

you

after

you were

contacted

by them

with

respect

to the

site?

Well,

I drove

there

just to

take a

look

at it

couple

days

before

I went

out

and collected

soil

sample.

Keefe Reporting

Company

And

what

was

the

purpose

this

initial

visit

drive-by?

Just

check

the

place

out

and

see

what

was

there

and

what

was

going

involved

for

conduct

preliminary

site

assessment.

And

did

you

get

any

information

from

your

client

about

the

site?

Not

really.

They

told

the

tanks

were

empty

and

the

property

had

changed

hands

recently,

and

they

didn’t

really

know

any

about

what

was

going

with

the

new

owner

than

that.

Okay.

you

visited

the

site

once.

you

recall

when

your

visit

was?

Yeah.

That

was

January

the

18th.

2008?

2008,

right.

Okay.

And

can

you

tell

me,

what

did

you

do,

anything,

the

site

that

day?

Oh,

broke

out

some

concrete

asphalt

patch

that

was

there

between

the

fill

openings

and

used

hand

auger,

went

down

about

four

feet

altogether

into

the

backfill

between

the

fill

openings

and

checked

for

the

presence

gasoline

contamination

and

discovered

significant

amount

gasoline.

Keefe

Reporting

Company

We’ll

just

kind

take

that

sequence.

All

right.

When

Just

describe

this

process

augering

drilling

through

the

concrete

that

you

described.

Well,

the

concrete

was

-—

actually,

there

was

some

asphalt

patch

there,

was

pretty

easy

through,

and

just

fired

portable

generator

and

got

one

those

breaker

things

and

busted

hole

out

about

six

inches

diameter,

and

the

bucket

the

auger’s

about

two

inches

diameter.

Just

rotated

that

down

there

and

brought

about

guess

two

inches

diameter,

about

foot

long,

and

brought

buckets

soil

and

dumped

out

the

ground

I was

going

down

through

the

hole,

and

about

every

eight

ten

inches,

had

take

the

bucket

out

and

dump

the

soil

out

and

then

down

another

eight

ten

inches,

take

out

and

dump

the

soil

out.

Okay.

And

what

did

you

after

you’d

completed

this

boring?

Well,

was

obviously

checking

the

soil

for

traces

contamination

and

—-

I was

emptying

the

bucket

out.

And

tell

me,

how

were

you

checking?

What

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Reporting

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A photoionization

detector.

It measures

volatile

organic

content

of vapors

in air.

Okay.

And

what kind

measurement

does

give you?

gives

you

a measurement

parts

per

million

volume.

Okay.

And

what

that --

mean,

what

that

measuring

for

the

presence

of?

Well,

volatile

organic

compounds

include

whole

range

things that

are

contained

gasoline,

including

things

like benzene,

toluene.

couldn’t

give

you a

list

of all

of the volatile

organic

compounds

that

are

within

the

measurement

range of

the instrument

because

there’s,

you

know,

probably

15 or 20

of them.

But are

there

some that

you

specifically

measure

for

when you’re

doing

this

type

work?

Well,

you

don’t

specifically

measure

for

individual

compound.

It’s

a combination

of everything

that’s

mixed

in,

which are

compounds

that

are typical

typically

contained

gasoline.

are ——

just so

understand, are

——

volatile

organic

chemicals

a generic

group

include

certain

chemicals

that

would

also

be present

in petroleum

products?

Keefe

Reporting

Company

Right.

Okay.

So you

said

that

you

used

this

PID

meter.

You

placed

some

soil

the

bag

and then

you

——

what

did

you do

with

the

PID

meter?

Well,

you

seal

the

bag

and

then

kind

tumble

the

soil

sample

around

little

bit

stir

and

release

the vapors

and

stuff,

and

then

while

the

vapors

are

trapped

inside

the

bag

the

air

space,

then

you

take

the probe

of the

PID

and

puncture

the

bag

and

pulls

some

that

air

and

vapor

sample

out

to give

you

measurement

reading

parts

per

million

on the

meter

that

says,

okay,

100

parts

per

million,

500

parts

per

million,

whatever.

All

right.

And

when

you

conducted

this

activity,

was

this

January

18,

2008?

Yes.

Okay.

And

you

say

you

measured

this.

Did

the

meter

anything?

Right.

——

MR.

RICHARDSON:

I’ll

—- I’d

object

actual

registrations

this

point.

They

were

not

provided

the

Agency

prior

the

March

2009,

decision

letter,

want

put an

objection

the

record

as to

that

fact,

the

specific

readings

from

the

Keefe

Reporting

Company

meter.

MR.

DWYER:

Well,

you

know,

response,

Your

Honor,

that

think

that

evidence

relevant

and

probative

whether

not

the

meter

measures

anything.

the

extent

that

wasn’t

provided,

unless

and

until

there’s

some

demonstration

that

was

required

provided,

think

relevant

evidence.

He’s

capable

testifying

about

it.

It’s

his

present sense

observation

what

occurred at

that

time.

think

it’s

probative,

relevant,

and I

think

it’s

admissible.

HEARING

OFFICER

WEBB:

I’ll

go ahead

and

allow

it.

Go ahead.

What

was

the

question

again?

(By

Mr.

Dwyer)

The

question

was,

when

you

conducted

this

measurement of

the

soils

the

baggie

with

the

PID

meter,

did

the

meter

give

you

a reading?

Yeah.

went

into

alarm

1,000

parts

per

million,

which

means

makes

a squealing noise

alert

you

that

there’s contamination

over

whatever

alarm

limit

was

set

the

instrument.

Okay.

just

want

make

sure

understand.

Does

that

mean

that

The

meter

audibly

sounding

1,000

parts

per

million,

what

does

that

mean?

Keefe

Reporting

Company

That

means

that

the atmosphere

that’s

trapped

inside

the

baggie

that’s

going

through

the

instrument

has

greater

than

1,000

parts

per

million

content

volatile

organic

compounds.

Okay.

And

I think

you

said

earlier

want

make

sure

——

that

this

process

looking

the

soil,

did

you

make

any

observation

regarding

the odor

the

soil?

There

was

strong

gasoline

odor.

just

clear,

you

observed

visual

contamination

and

you

observed

odor

olfactory.

Right.

And then

you

also

measured

the

soils

that

you

collected

after

placing

them

bag.

Right.

And

this

PID

meter

measured

1,000

parts

per

million;

that

correct?

Well,

was

least

1,000.

what

tell

when

you say

least

1,000,

explain

to me

why

it’s

not

1,000

but

least

1,000.

Because

the meter’s

set to

alarm

1,000,

when

gets

1,000

the

display,

goes

into

alarm

and then

makes

a noise,

a squealing

noise,

and

Keefe

Reporting

Company

then --

would it

be fair

say that

there

may

have

been

a concentration

greater

than

1,000

——

Yes.

-- parts

per

million

in the

bag

soil?

Right.

But if

-- the

trigger

for

the

machine

audibly

react

was

set at

1,000.

Right.

And

the day

-- had

you

calibrated

this

meter

before

using it?

Yes.

It’s

calibrated

on 100

part per

million

isobutylene

and

air,

and --

And is

that appropriate

and

consistent

with

the

instructions

for

using

that kind

of equipment?

It’s

the

manufacture’s

instructions

for the

instrument.

Okay.

Just

rough

estimate,

Mr.

Herlacher,

how many

sites

similar

the

site

we’re

talking

about

today

have

you performed

similar

activities

at?

Well,

got

in this

business

1989,

and

I’m

—— probably

ten

twelve

a year since

then.

I’d

say

150

so.

I never

really

kept

a count.

And

there

a term

for what

you were

doing

Keefe

Reporting

Company

that

day?

I mean

Just

collecting

the

sample

for evaluation.

We call

preliminary

assessment.

Okay.

And

why

-- you

know,

does

that

term

come

from regulations

or is

that

an internal

——

I think

that’s

a generally

accepted

term

for

environmental

consultants.

Okay.

I mean,

it’s

not

name

that I

came

with.

After

you

conducted

these activities

you

describe,

did

you develop

any

conclusion

about

the

information

you

gathered?

was

convinced

that

there

had

been

release

of some

sort

from

the

tank

and

that

there

was

contamination

in the

backfill.

Okay.

And

did

you

take any

steps

based

upon

that?

I notified

the tank

owner

findings.

Okay.

And

did you

do anything

further?

Well,

yeah.

They said,

okay,

go ahead

and

contact

the

IEMA

and

report

that

there’s

been a

release

from

the

tank.

And did

you

do that?

Yes, I

did.

Keefe

Reporting

Company

Okay.

And

back

again

the record

page

001,

would

you

look

that

document

and

tell

what

you understand

that

document

be?

That

appears

be a

report

about

the

telephone

contact

had

with

IEMA

that

day.

Okay.

And

does

that

page

001

the

record

fact

indicate

that

you

made

release

report

the

Illinois

Emergency

Management

Agency?

Yes,

does.

And

does

indicate

that

was made

January

18,

2008?

Yes.

Just

briefly

summarize

for

all,

what

happens,

from

your

experience,

once

release

reported

from

underground

storage

tank?

understanding

IEMA

forwards

this

the

Illinois

EPA

LUST

section,

and

then

about

week

later

get

letter

from

somebody

management

the

Illinois

EPA

that

instructs

proceed

accordance

with

some

regulations

for reporting

and

file

20—day

reports

and

45-day

reports

and things

that.

Okay.

And

did

you

those

things

with

respect

the

site

we’re

talking

about

today?

Yes,

did.

Keefe

Reporting

Company

Okay.

And

specifically,

did

you

submit

20-day

report

behalf

Dickerson

Petroleum?

Yes,

did.

And

did

you

subsequently

submit

45-day

report?

Yes,

did.

Going

the

record

again,

let

draw

your

attention

the

documents

beginning

page

004

the

record.

you

look

page

004,

would

you

tell

what

you

understand

that

page

be?

That’s

the

cover

page

for

the

45—day

report

that

submitted

to the

Agency.

Okay.

And

then

subsequent

that,

did you

submit

another

report

the

Agency?

Well,

we also

submitted

some

requests

for

extension

early

action

period

accomplish

some

early

action

remediation

activity.

And

did

you

submit

letter

to the

Agency

requesting

that

extension?

Yes,

did.

And

did

you

receive

response

from

the

Agency

approving

that

extension?

Yes,

did.

Okay.

And

did

you

subsequently

submit

Keefe

Reporting

company

45-day

report

addendum?

Yes,

did.

Okay.

And

directing

your

attention

page

037

of the

record,

can

you

tell

me,

does

that

appear

be a

copy

the

45-day

report

addendum

you

submitted?

Yes,

sir.

Now,

the

document

I’d

ask you

look

the record

the

record

page

110

and

111.

you

recognize

that

document

have

you

seen

that

document

before?

Yes.

This

is a

letter

received

from

the

Agency.

Okay.

And

then

you

look

following

that

in the

record

to page

112

and

113,

have

you

seen

that

letter

before?

Yes.

Okay.

And

just

that

letter

from

the

Illinois

EPA

leaking

underground

storage

tank

program

Dickerson

Petroleum?

Yes.

denies

reimbursement

for

the

incident

in question.

Okay.

Now,

going

back

that

first

document,

your

45—day

report,

and

directing

your

attention

page

the

record,

which

a page

Keefe

Reporting

Company

that

report,

does

that

report

provide

the

Agency

any

information

regarding

your

release

investigation

efforts

January

18?

Yes.

Item

13—3,

lower

half

the page,

discusses

our

——

how

discovered

that

there

was

presence

gasoline

contamination.

Okay.

And

let

direct

your

attention

the

record

the

following

page,

page

014

the

record.

Is there

any

additional

information

regarding

your

release

investigation

and/or

confirmation

that

page?

Yes,

there

is.

And

where

that

located?

That’s

item

E-5,

soil

boring

logs,

the

bottom

of the

page.

Okay.

And

does

that

reference

your

observations

January

18,

2008?

Yes.

And

does

reference

the

fact

that

PID

meter

was

used?

Yes,

does.

Now,

you

would

look

the

top

page

015,

and

would

you

read

that

very

first

full

sentence

the

top?

“No

samples

from

this

boring

were

retained

Keefe

Reporting

Company

for

laboratory

analysis.”

Okay.

Now,

tell

me,

Mr.

Herlacher,

there

reason

why

samples

were

retained

for

laboratory

analysis?

Well,

had

been

my experience

that

there

was

no reason

have

a laboratory

analysis

performed

sample;

that

the

PID

measurement

and

the

other

observations

were

adequate

confirm

the

presence

lot

petroleum.

Okay.

Now,

again,

directing

your

attention

the

record

the

45-day

report

addendum,

which

believe

begins

HEING

OFFICER

WEBB:

37.

page

037,

just

summarize,

did

that

addendum

also

include

language

referencing

the manner

which

you investigated

and

confirmed

the

release

the

site?

I’m

pretty

sure

does.

would

item

D-3

and

And

would

be on

page

046?

Yes.

And

also

mentioned

again

pages

047

and

048?

Yes,

is.

Keefe

Reporting

Company

Okay.

your experience,

think

you’ve

mentioned

that

you’ve worked

on similar

sites,

approximately

ten

twelve

year,

for

the

last

fifteen

years?

Right.

Okay.

Was

it your

normal

practice

investigate

and

confirm

release

the

fashion

that’s

described

——

you described

in your

testimony

and

as set

forth in

the

45-day

report

and the

45-day

addendum?

It’s

just

——

The

question

was,

was

this our

customary

procedure

for ——

Yes.

——

yes.

Okay.

sit

here, up

until

-- let

rephrase

this way.

until

you received

this

March

letter

that’s

in the

record,

had

you ever

been told

that

was not

appropriate

way

investigate

and

confirm

a release?

No.

Have

you

since

been told

anyone

at the

Agency

that

that’s

not

the appropriate

methodology?

Well,

yeah,

after

some

conversations

after

got

the

March

9 letter.

Now,

you

would,

let’s

go back

to the

Keefe

Reporting

Company

letter

the record

that’s

dated

March

2009,

pages

110

and 111.

Okay.

Do you

recall

receiving

that

letter

shortly

after

the date

of the

letter,

March

2009?

Yes.

Did

you

read

the

letter

at that

time?

Yes,

did.

Did

you

understand

what

the letter

meant?

Well,

I wasn’t

really

-—

understood

that

they

were

rejecting

our

45-day

report.

I just

didn’t

understand

why.

There

was no

reason

that I

could

tell

that

-— specifically

why

was

rejected.

Okay.

you would,

I’d like

to direct

your

attention

to Petitioner’s

Exhibit

No. 2

that’s

been

admitted

into evidence.

Do you

know

what

that

document

is?

Yes.

This

is 734.505.

And

let

direct

your

attention

specific

Exhibit

734.505,

Subsection

or --

yeah,

Subsection

and

particular

to the

very last

sentence

the

first full

paragraph.

Would

you

read that

for

me?

“If

the

Agency

rejects

a plan,

budget

report

requires

modifications,

the

written

Keefe

Reporting

Company

notification

must

contain

the following

information,

applicable.”

And then

would

you

just read

for me

b(1),

(2)

and

(3)?

1, “An

explanation

the

specific

type of

information,

any,

that

the

Agency

needs

to complete

its

review”;

“An explanation

the sections

the

Act or

regulations

that

may

violated

if the

plan,

budget

or report

approved”;

and

“A statement

specific

reasons

why

the

stated

sections

the

Act or

regulations

may

be violated

the plan,

budget

report

approved.”

Okay.

Now,

directing

your

attention

back

the record,

pages

110

and 111,

can

you tell

me whether

there’s

explanation

of the

specific

type

information

that

the Agency

might

need

complete

its

review?

MR.

RICHARDSON:

I’m

going

object.

That

really

calls

for

legal

conclusion.

We have

the law.

have

the

letter.

It’s

really

up to

the

Board

decide

if it

was

adequate,

and I

don’t

know that

this

witness

can

add to

that

process.

MR.

DWYER:

Well,

I think

he’s

entitled

testify

what

he believed

was

in the

letter

was

not in

Keefe

Reporting

Company

the

letter.

That’s

his

opinion.

He’s

entitled

give

that.

It’s

his

opinion

document

read.

HEARING

OFFICER

WEBB:

Okay.

That’s

fine.

ahead.

Okay.

What

was

your

question?

I’m

sorry,

but

kind

-—

(By

Mr. Dwyer)

You’re

going

make

reread

the

question.

Okay.

When

you

looked

the

March

2009,

letter,

did

you

see

an explanation

the

specific

type

information,

any,

that

the

Agency

might

need

complete

its

review?

No,

there

was

no indication

that

found

the

letter,

no,

sir.

Further,

when

you

looked

the March

2009,

letter

upon

receiving

it,

did

you

see

explanation

the

sections

the

Act

or regulations

that

may

violated

the

plan,

budget

report

that

was

submitted

had

been

approved?

No.

Okay.

Well,

let

ask

you

this:

Does

the

letter

——

I mean,

doesn’t

the

letter

the

second

paragraph

reference

that

the

incident

was

not

subject

Illinois

Administrative

Code

734,

732

or 731?

Yeah,

that’s

the

letter,

but

there’s

——

Keefe

Reporting

Company

Finally,

does

the

letter

aside

from

that

second

paragraph,

does

the

letter

contain

any

statement

specific

reasons

why

the

cited

sections

the

Act

regulations

may

violated

the

45-day

addendum

and

45-day

report

had

been

approved?

No.

Okay.

when

you

received

this

letter,

did

you

understand

why

the

Agency

had

rejected

the

45-day

report?

No.

had

idea.

Okay.

Did

you

anything

after

you

received

the

letter

regarding

it?

Well,

called

Jay

Gaydosh

on March

the

10th.

Okay.

Let

just

stop

you.

just

want

let

the

record

reflect

that

Mr.

Gaydosh

present

the

hearing,

and

the

individual

that

you

you’re

talking

about?

Well,

told

his

name

was

Jay

Gaydosh.

All

right.

you

recall

approximately

when

you

called

Mr.

Gaydosh?

I’d

have

check

conversation

notes,

but

think

was,

like,

the

morning,

maybe

around

ten

o’clock,

something

that.

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didn’t

really

apply

our situation,

and he also

suggested

that we

took the

sample

from the

backfill and

it should

have

been collected

from native

soil,

and

said,

you

know,

contamination

the

backfill

would

not

indicate

that a release

had

occurred

from the

tank, and

he said

that he

could check

tanks anywhere

in the

state

and find contamination

the

backfill,

so that wasn’t

really an indication

that

there’d

been

release from

the

tank.

Okay.

And drawing

your

attention

back to

the March

9, 2009, letter

-- that’s

pages

110 and

111 --

there any

reference in

that letter

to this

35 Illinois

Administrative

Code 734.210?

No,

there’s not.

Is there

any reference

to the

-- this

requirement

that

confirmation

of release

samples

be taken

somewhere

other

than from

backfill?

No.

During

that

conversation

after

you received

the

letter, that

-- I’m sorry

-- the

conversation

with

Mr.

Gaydosh, is that

the first

time

that

you’d

ever

been

told of

this

supposed

requirement?

Yes.

How did

you

end

that

conversation?

Did

you

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And

you said

you --

did he

call

you back

March

13?

Well,

called

back

late

in the

day

March

the 12th

and

said —-

this was

about

five

o’clock

——

and he

said that

there

was

still

some going

over

things,

Hernando

and

Harry,

his

——

you

know,

his

managers.

Okay.

Just

to clarify

for the

record,

when

you say

Hernando,

do you

mean

Hernando

Albarracin?

Albarracin.

And

is he

the director

of the

LUST

program

at IEPA?

Yes,

he is.

And

then

you

said

Barry.

you mean

Mr.

Harry

Chappel?

Harry

Chappel.

He’s

Jay’s

supervisor.

And

he a

regional

subunit

manager?

Right,

uh-huh.

And anyway,

there

was

kind

of some

discussions

about

why

that information

was

left

out of

the

letter,

and

he said,

Hernando’s

going

check

with

the legal

department

and find

out

if there

was

some

specific

reason

that

they

excluded

that information,

and

then

that

was ——

he said

he’d

call me

back

soon

he had

update

from

those

guys.

All right.

Well,

then

Keefe

Reporting

Company

on March the

13th was

the next time

I talked

to him,

and

he asked

me, he said,

has

the site

been approved

by the

fire marshal’s

office

for reimbursement?

said yes, and

said he

wanted a copy

of that,

and he wanted

know

if I had a

copy of the fire

marshal’s

tank removal

log,

and I said, yes,

did,

and he asked

fax

those to

him.

And did

you?

Yes, I

did.

Okay. And let

direct

your attention

pages 088, 089,

090, 091 and

092

of the

record.

Okay.

Can you tell me,

page 088

of the

record, what

is your understanding

that document?

That’s

the cover

sheet for

the stuff

that I

faxed

to Jay at his

request from

the fire marshal

——

Is there

a fax cover sheet?

Yeah.

Okay.

And

can

you tell me

-- so page 1

the cover.

Would you

tell me

what

the next

page

is?

It’s the first

page of

the

fire

marshal’s

eligibility,

deductibility

approval letter

for

the ——

Okay.

And so

just to clarify,

the fire

marshal

issued

a letter to Dickerson

saying that this

Keefe Reporting

Company

release

was

eligible

for

reimbursement

and

that

had

deductible

$10,000.

that

what

says?

Yes.

Okay.

And

then

that

two-page

letter;

that

correct?

Yes.

Then

page

091,

which

part

that

fax,

what

that

document?

This

the

log

underground

storage

tank

removal

that

was

completed

the

fire

marshal

storage

tank

safety

specialist

who

was

site

the

time

removed

the

tanks.

And

you

remember

the

name

that

individual?

His

name

was

Kent

Gelarden.

Okay.

And

looking

that

document,

note

that

has

number

columns

and

rows

for

certain

information

filled

in.

Can

you

tell

what

you

know,

what

the

purpose

that

form

you

understand

it?

It’s

documentation

his

guess

observations

during

the

tank

removal

process

that’s

filed

with

his

office

for

historical

reference,

suppose.

Okay.

And

were

these

were

the

tanks

Keefe

Reporting

Company

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Okay.

And

let

direct

your

attention

down.

It’s

very

difficult

see,

but

down

the

lower

portion

the document,

there

section

that’s

very

hard

read,

but

it’s

Section

Can

you

see

that

section?

Yes.

Okay.

Does

that

contain

five

items

that

need

to be

checked

off

or,

you

know,

determined?

Yes.

Okay.

Now,

the

second

item

there

it’s

listed

believe

Section

Section 2,

contamination

status?

Yes.

Okay.

And

does

provide,

then,

a column

where

information

can

provided

for

each

of the

tanks?

Yes.

And

this

site,

just

confirm,

there

were

two

gasoline

tanks

that

were

removed

——

Right.

that

correct?

And

Section

D-2,

for

contamination

status,

there

information

there?

Yes,

there

is.

And

what

does

say?

says

NR.

you

What

does

that

mean?

Keefe

Reporting

Company

According

the

legend,

it’s

apparent

release.

Okay.

And

understand

this

correctly,

the

fire

marshal’s

log

indicates

that

there

was

no release

the

site.

No apparent

release.

Okay.

And

that’s

what

the

legend

reads,

apparent

release.

Yes.

When

was

the

first

time

that

you saw

this

document,

Mr. Herlacher?

March

the

13th.

And

how did

you

come

possession

a copy

it?

Well,

there

was

——

was concerned

about

the

rejection

of the

45—day

report,

e—mailed

contacted

the

woman

the

state

fire

marshal’s

office

who’s

the

FOTA

coordinator.

And

did

you

submit

a FOIA,

a Freedom

Information

Act,

request?

Right.

Yes.

And

did

you

request

copy

that

document?

Yes,

did.

Okay.

Did

you

receive

it?

Keefe

Reporting

Company

Yes.

They

faxed

to me.

If you

look at

the

header

on the

top

——

or let’s

see.

No,

down at

the

bottom,

that

says

legal.

That’s

from

the

OSFM

legal

department.

Okay.

But

just

to confirm,

you

received

copy of

this

document

from

the

state fire

marshal.

Yes.

And

then

turn,

per

Mr. Gaydosh’s

request,

you

faxed

Mr. Gaydosh.

Right.

Okay.

prior

to March

13, 2009,

you were

not aware

and

had not

seen

this log.

Right.

And

on the

well,

strike

that.

So the

last

page of

that faxed

document

-- it’s

page 092

of the

record

—— it appears

be a

diagram.

you

know

who

drew

that?

Mr.

Gelarden

drew that

on the

back

——

guess

so that

he could

remember

where

the

tanks

were

located.

This

is a

typical

thing that

these

fire

marshal

guys do

whenever

they’re

out

on the

job

site.

Okay.

Are

you

okay,

Mr.

Herlacher?

you

need

break?

No, I’m

okay.

I’ll

let you

know

when I

got

Keefe Reporting

Company

get

up.

Okay.

I’m

going

show

you

another

document

well,

let

stay

with

this.

You

you

provided

these

documents

Mr.

Gaydosh

fax

March

13,

2009.

Did

you

have

any

further

communications

with

Mr.

Gaydosh?

Not

that

-—

Regarding

this

site.

Yeah,

not

that

recall.

Okay.

Did

After

that

date,

did

you

have

any

communications

with

anyone

else

from

the

LUST

program?

Yeah.

Harry

Chappel

called

March

the

request

Mr.

Ingersoll.

Okay.

And

you

understand

Mr.

Ingersoll

the

deputy

chief

counsel,

legal

counsel

for

the

Agency?

He’s

somehow

involved

with

legal

stuff

for

the

Illinois

EPA.

That’s

You

know,

didn’t

know

his

exact

title

anything.

Okay.

Let

suggest

that

that’s

his

title,

but

it’s

not

critical

here.

Please,

let’s

ahead

and

——

you

said

you

received

call

from

Mr.

Chappel.

you

recall

approximately

when?

mean,

sometimes

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confirm

the

presence

of a release,

and he

told

every

time that

it’s

not in there.

So at

that point

kind

reached

——

guess

you’d say

an impasse

something.

Obviously

was

-- he

had his

mind

made up

that we

were

wrong

and I

—- and

he couldn’t

explain

to my

satisfaction

why we

were wrong,

so the

conversation

ended,

and

suggested

that

were

probably

going

appeal

this

the Pollution

Control

Board.

Okay.

I’m

going

to ask

you

look at

document.

I’m

not

going

to mark

as an exhibit,

and

I’ve shown

respondent’s

counsel.

Would

you take

look

that and

tell

you understand

what

it is?

This

Part

734

of the

Illinois

Admin

Code.

Okay.

And just

-- I want

to be clear.

-- Are

those the

regulations

that

you

believe

apply

the

work that’s

been

done

this

site?

Yes.

Okay.

Now

I’m going

to direct

your

attention

specifically

35 Illinois

Administrative

Code

734,

Section

110.

Now,

specifically,

can you

tell me

what

the

title

Section

110

-- if I

can find

it --

It’s number

5. Okay.

“Severability.”

No,

110.

Oh,

I’m sorry.

apologize.

Keefe

Reporting

Company

misspoke.

We’re

talking

about

Illinois

Administrative

Code

734,

Subsection

115.

Yes.

And

what

contained

there?

Definitions

terms

that

are

used

the

——

All

right.

And

I’m

going

direct

your

attention

two

specific

terms

in there.

Well,

let

ask

you

this:

the

definitions

contain

the

terms

“confirmed

release”

and

“confirmation

a release”?

Confirmation

Yes,

does,

both

those

:ii

terms.

Okay.

And

just

tell

me, how

are

those

terms

defined

Section

734.110?

says

confirmation

done

in accordance

with

the

regulations

promulgated

by the

Office

of the

Illinois

State

Fire

Marshal

Illinois

Admin

Code

170.

Okay.

And

then

the

other

definition?

Means

a release

of petroleum

that

confirmed

in accordance

with

the regulations

promulgated

the

Office

the

State

Fire

Marshal

at 41

Illinois

Admin

Code

170.

Thank

you.

Now,

I’m

going

show

you

now

document

that’s

been

marked

Petitioner’s

Exhibit

Keefe

Reporting

Company

you

have a

copy of that in

front

you?

1, 2.

don’t have

Yeah,

you do.

Oh, oh, here.

Oh,

never mind.

I’m ——

won’t say

I’m

dope

on the record,

but I just

did.

Okay.

Sure.

Can

you

tell me,

do you have a

copy

Petitioner’s

Exhibit

in front of

you?

Yes,

do.

And can

you tell

me what

you understand

that

document

to be?

These are the

regulatory

requirements

for

performing

early

action activities

with

for leaking

underground

storage

tanks.

Okay. Now,

you would,

look

at 734.210,

the

first

subpart,

Subpart A,

and will

you

just

read the

first portion

of that

sentence?

Upon confirmation

of a release

of petroleum

from a UST in

accordance

with the

regulations

promulgated

the OSFM.

Okay.

So what

you understand

that

mean?

That I

-- to confirm

the

presence of

Keefe Reporting

Company

release,

I need

to conduct

activities

accordance

with the

requirements

of 41 Illinois

Admin

Code

Part 170.

Okay.

And,

now,

directing

your

attention

further

down

in Petitioner’s

Exhibit

3 to

Section

7342.10

[sic],

Subsection

(a) (5),

would

you

read

the

first

sentence

of Subsection

Measure

for

the

presence

of a

release

where

contamination

is most

likely

be present

at the

UST

site,

unless the

presence

and

source

has

been

confirmed

in accordance

with

regulations

promulgated

the

OSFM.

Okay.

Now,

directing

your

attention

the

second

page of

Exhibit

some

way

down below

Subsection

is there

a paragraph

that’s

prefaced

caps, “Board

Note”?

Yes.

Okay.

And

would

you read

what

that board

note

says?

“Owners

operators

seeking

payment

from

the

fund

are

to first

notify

IEMA

of a

suspected

release

and then

confirm

the

release

within

14 days

to IEMA

pursuant

to regulations

promulgated

by the

OSFM.”

All

right.

Earlier,

when

asked

you

read

that first

sentence

Subsection

5, I believe

mistakenly

referenced

734.210(a)

(5).

Just

Keefe

Reporting

Company

correct

the record,

the

fact

the language

you

read

actually

contained

734.210(b)

(5)?

Yes.

apologize.

mistake.

Now,

let

direct

your

attention

now

Petitioner’s

Exhibits

and

Dealing

with

Petitioner’s

Exhibit

tell

what

you understand

that

be.

This

the

state

fire

marshal’s

procedure

for

reporting

suspected

releases

from

USTs.

Okay.

And

then

you

would

then

switch

Petitioner’s

Exhibit

would

you

tell

me what

you

understand

that

be?

This

is for

investigating

releases,

initial

response,

conducting

site

assessment

for releases

from

UST5.

Okay.

And

directing

your

attention

Exhibit

specifically

down

170.580,

Subsection

(C),

what’s

the

title

that

subsection?

“Site

Assessment.”

Okay.

And

then

would

you

read

how

it,

you

know,

further

discusses

site

assessment?

Owners

or operators

shall

measure

for the

presence

release

where

contamination

most

likely

present

the

UST

site.

selecting

sample

Keefe

Reporting

Company

types,

locations

and

measurement

methods,

owners

operators

shall

consider

the

nature

the

stored

substance,

the

initial

alarm

cause

for

suspicion,

the

types

backfill,

the

depth

groundwater

and

other

factors

appropriate

for

identifying

the

presence

and

source

the

release.

Okay.

Now,

your

understanding

that

those

are

the

regulations

that

govern

release

investigation

and

confirmation

Yes.

——

for

underground

storage

tanks?

Right.

Okay.

And

your

understanding

that

those

are

the

regulations

that

are

being

referred

to,

going

back

Petitioner’s

Exhibit

Illinois

Administrative

Code

734.210?

Yes.

Now,

directing

your

attention

again

Exhibit

Subsection

Section

170.580,

Subsection

(c),

can

you

tell

me,

there

any

language

there

requiring

that

release

from

UST

confirmed

with

laboratory

analytic

results?

No.

Okay.

Does

specify

any

specific

Keefe

Reporting

Company

measurement

method

that must be

used?

No, it

doesn’t.

Okay.

Does it in

fact

say

measurement

methods, plural?

Yes.

And does it

also recommend

that

owner/operator

measure

for the presence

of a release

where

it’s most

likely

be present?

Yes, it

does.

In your opinion,

based

upon the

dozens of

LUST

sites

that you have

worked

and performed

assessments

for

possible releases,

your opinion,

what

is the

most likely

place where

you would

find

contamination?

Around the fill

openings

or the

pump

islands

below

the tanks.

Okay.

the backfill.

Okay.

In the

backfill?

Right.

And just

explain

for

the Hearing

Officer

and

for the Board,

what is the

backfill

area

opposed

some other area?

Well, when the

tanks

are installed,

you take

Keefe

Reporting

Company

excavation

machine

into

wherever

they’re

going

to be

placed

and

dig

hole

big

enough

hold

the

tanks

and

then

put

layer

of material

about

foot

thick

the

bottom,

set

the

tanks

there,

level

them

and

then

fill

around

them

with,

you know,

some

sort

of ——

well,

this

case,

these

were

backfilled

with

sand.

Some

tanks

are

backfilled

with

pea

gravel,

things

that,

but

it’s

just

fill

the

gap

between

the

excavation

and

the tank

prevent

from

moving

around.

Okay.

And,

now,

let’s

back

can

find

Petitioner’s

Exhibit

which

copy

Illinois

Administrative

Code

734.210,

and

you

would

take

look

that,

and then

I’d

just

ask

you

question

aizout

it.

Okay.

Why

don’t

you

look

think

it’s

four—page

exhibit.

Have

you

had

a chance

to look

through

that?

Uh-huh.

Yes.

Okay.

Can you

tell

me,

based

upon

your

understanding

that

regulation,

does

that

regulation

contain

any

requirements

for

release

investigation

and

confirmation

separate

and

apart

from

the

fire

marshal

regulations

that

are

referenced

therein?

Keefe

Reporting

company

No.

Actually,

this

early

action

procedure

that

has

nothing

do with

our preliminary

assessment.

And

fact,

if you

look

734.210,

Subsection

doesn’t

it begin,

upon

confirmation

release

accordance

with the

regulations

of the

fire

marshal?

Yes.

And

do you

know

regulations

other

than 41

Illinois

Administrative

Code

560

and 580

that

you’re

required

to comply

with?

No,

I’m not.

Okay.

And has

the

Agency

with respect

this site

indicated

there

are

any

other regulations

that

govern

release

investigation

confirmation?

No written

regulations.

Well,

and just

to tie

this

up,

January

18,

you

have already

testified

that

you

went

the

site and

you

drilled

a soil

boring

out of

the

backfill

and

you

examined

that

visually,

by smell

and

with a

PID

meter.

Yes.

Okay.

And

is it

your

understanding

based

upon

your

review

of the

fire

marshal

regulations

that

Keefe Reporting

Company

that

what

you

did

there

was

consistent

with

the

requirements?

Yes.

Okay.

you

know

of any

other

requirements

the

Agency’s

regulations

or the

fire

marshal’s

for

release

investigation

and

confirmation?

No.

And

just

confirm,

can you

tell

me,

your

review

Petitioner’s

Exhibit

and

there

any

language

in there

that

says

that

a PID

meter

may

not

used?

No,

there’s

indication

that.

Okay.

And

there

any

language

either

of those

sections

the

170

regulations

that

requires

that

samples

taken

and

analyzed

lab

confirm

the

presence

a release?

No.

Okay.

Now,

let

direct

your

attention

back

the

record,

the

45-day

report

addendwn

that

was

filed

this

matter,

which

can

never

seem

find.

I think

begins,

can

get

there

MR.

RICHARDSON:

Page

38.

MR.

DWYER:

Thank

you,

Greg.

Okay.

Page

page

37?

Keefe

Reporting

company

MR.

RICHARDSON:

Page 37

is the

cover

sheet.

(By Mr.

Dwyer)

Now,

in the

45-day

report

addendum

that

is in

the record

beginning

at page

037,

does

that

report

contain

any

analytical

data regarding

the

conditions

of soils

at the

site?

Yes.

Okay.

And

specifically,

we go to

that

report,

and

specifically

page

051

the

record,

can

you

tell

me what

is on

that page?

That

a data

table

that

has

the

results

the

laboratory

analysis

reports.

Okay.

And

just tell

what --

so what

material

was gathered

create

this

table?

Well,

Jim

collected

samples

from various

——

Okay.

Let me

back

up.

You need

identify

who

Jim

is.

Jim Foley.

was

—- He is

our employee

representative

who

was

on site

that

was overseeing

the

removal

the

tanks and

the excavation

the soil

contamination.

Okay.

So Mr.

Foley

was

present

on the

date

that

the

tanks were

removed;

is that

right?

Yes.

Okay.

And

so please

continue

with

how you

Keefe

Reporting

company

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that

either

no more

work

is necessary

at the

site

further

work

is necessary?

Yes.

Okay.

And does

734.210

require

that

those

samples

be analyzed

a laboratory?

Yes.

Okay.

Now, getting

back to

page 051,

did

you

take

samples

at the

site?

Yes,

we did.

Okay.

And did

you

send

those samples

to a

laboratory

for

analysis?

Yes,

did.

And

does

this

table

reflect

the

results

that laboratory

analysis?

Yes,

does.

And

just tell

me,

does the

table

indicate

that

any

of those

chemicals,

benzene,

toluene,

ethylbenzene

xylene,

were

present

samples

taken

from

the site?

Yes.

And

does

it indicate

in fact

that

some

those

chemicals

were

present

levels

above what

are

called

the

detection

limits?

Yes,

they

were.

Keefe

Reporting

Company

Okay.

Now,

just to

back

and confirm

this

—— we

discussed

this

earlier

in your

testimony

-—

your

opinion,

are

benzene,

toluene,

ethylbenzene

and

xylene

volatile

organic

chemicals?

Yes,

they are.

And

are

they

identified

as such

the 734

regulations?

don’t

know

they identify

them

VOCs,

but

they

are

contaminants of

concern

that

have

tested

for whenever

you’re

collecting

samples

evaluate

the presence

contamination

the soil.

Well,

now,

you’re

a professional

engineer,

correct?

Yes.

And

you have,

I think

you

described,

approximately

years of

experience

working

with

underground

storage

tank

sites?

Yes.

Okay.

your

professional

opinion,

based

upon

your,

you know,

experience

and your

education

as an

engineer

and

a professional

engineer,

you consider

benzene,

toluene,

ethylbenzene

and

xylene

volatile

organic

chemicals?

Oh,

yeah,

they’re

definitely

that

Keefe

Reporting

Company

category.

your

opinion,

does this

table

document

that in fact

there were

elements

of these chemicals

present in soils

at this

site?

Yes, in

several of the

samples.

Okay. And

do you have

an opinion

about how

they

came to be

located

there?

Well,

they’re not

naturally

occurring

the

soil, so

they had

to be ——

they

had

to come

from

some

source, and

there was

underground

tanks that

held

gasoline

there

in the

immediate vicinity,

so ——

And

you visited

this site on

multiple

occasions.

Yes.

Okay.

Did

you

identify any

other sources

of -- that

might

explain

the

presence of these

chemicals

other than the

underground

storage

tanks?

No.

There’s

none.

Now,

just to clarify

for

the record,

going

back to

page 051 and

the table

and the

information

there,

does that

table indicate

the presence

of any

these

chemicals listed

at levels

above what

we’ve referred

here

today as tier

1 remediation

objectives?

No. They’re

all below those

levels.

Keefe Reporting

company

Okay.

And

based

upon

that,

did

you

siibmit

your

report

and

request

that

the

Agency

approve

closure

this

site?

Yes,

did.

Okay.

Earlier

you

testified

that

you

had

some

discussions

with

Mr.

Chappel

and

Mr.

Gaydosh

after

you

received

the

March

2009,

letter.

Yes.

Okay.

I’m

going

show

you

what’s

been

marked

Petitioner’s

Exhibit

It’s

group

exhibit,

and

we’ll

talk

about

some

well,

hope

briefly.

Looking

the

first

page

Petitioner’s

Exhibit

can

you

tell

what

that

document

is?

This

underground

storage

tank

log

for

removal

piping

convenience

store

facility

Cahokia,

Illinois.

that

the

same

form

the

one

that

page

091

the

record?

It’s

the

same

form,

different

location.

Okay.

And

that’s

And

it’s

the

same

form,

and

think

you

testified

earlier

that’s

the

form

that

the

fire

marshal

required

fill

out

each

location

where

either

tank

removal,

tank

abandonment

line

leak

replacement

upgrade

removal

Keefe

Reporting

Company

conducted.

Yes.

Okay.

Now,

this

Petitioner’s

Exhibit

first

page,

you

testified,

deals

with

different

site,

and

where

this

site

located?

It’s

Cahokia,

Illinois,

also,

but

it’s

several

miles

away

from

the

Cahokia

Quick

Shop.

Other

than

being

Cahokia,

does

have

any

other

relation

to the

site

that

we’re

talking

about

here

today?

No,

huh-uh.

All

right.

And

how

did

you

come

to be

familiar

with

this

site;

that

is,

the

site

referenced

the

first

page

Petitioner’s

Exhibit

A removal

contractor

received

permit

from

the

state

fire

marshal

to remove

the

lines,

but

one

the

requirements

the

permit

was

that

site

assessment

conducted,

and

the

contractor

called

see

could

conduct

the

site

assessment

for

them

after

they

took

the

pipes

out

of the

ground.

Okay.

iust

we understand

here,

our

case,

this

form

was prepared

for

tank

removal,

but in

this

Petitioner’s

Exhibit

this

form

was

required

for

replacement

tank

lines?

Keefe

Reporting

Company

Piping,

yeah.

Underground

piping,

yeah.

The

piping?

Okay.

Now,

looking

at the

first

page of

Petitioner’s

Exhibit

6 and

looking

specifically

at Section

can

you

tell

me,

there

any

indication

about

whether

not

there was

an apparent

release

at this

site?

Appears

not to

have leaked

according

to the

information

here.

Well,

in fact,

down

in Section

Subsection

under

the columns

for tanks

one and

two,

does it

indicate

NR?

Yes.

Okay.

Now,

did

you

perform

any

work

this

site?

Yes.

I collected

soil

samples

to meet

the

requirements

for

the fire

marshal’s

office to

conduct

site

assessment

after

the

removal

of the

piping.

Okay.

And

looking

the second

page

Petitioner’s

Exhibit

tell

me what

that is.

That’s

the

cover

letter of

the

report

that

submitted

the

state

fire

marshal

document

the

site

assessment

that

performed.

Okay.

And then

looking

the

third

page,

can you

tell

what

that is?

Keefe

Reporting

company

That’s

the

report

that I

submitted

the

Office

the Fire

Marshal

document

the

site

assessment

and

the

samples

I collected.

Okay.

And does

that

report

indicate

that

the

fire marshal

required

that samples

taken

at the

site

part

of the

line upgrade?

Yes.

Okay.

And

were

you at

the

site

when

this

work

was done?

Yes, I

was.

Okay.

And was

someone

from the

Office

the State

Fire

Marshal

at the

site on

that day?

Yes,

Kent

Gelarden.

Okay.

And is he

the

same

individual

that

prepared

the tank

removal

log

for the

subject

site

Yes.

-- that

we’re here

about today?

Okay.

And

you

-- beginning

with

page

3, that

appears

to be

report

you

prepared

and

submitted

the fire

marshal;

that

correct?

Yes,

it is.

And

does

that report

contain

any

information

about

the

conditions

the

soils

at this

site?

Yes. I

collected

several

samples

for

Keefe

Reporting

Company

laboratory analysis.

And

were

you

directed

collect

those

the

fire

marshal?

Well,

talked

Bill

Alderson.

He’s

the

southern

regional

administrator with

-—

Where

Mr.

Alderson?

He’s

the

southern

regional

administrator

with

the

office

of ——

the

Illinois

fire

marshal’s

office,

petroleum

and

chemical

safety

division.

Okay.

And

what

was

the

purpose

talking

with

him

about

the

site?

make

sure

that

report

and

assessment

would

meet

his

requirements

for

the one

that

they

required

in accordance with

the

permit

conditions.

And

that

your

experience

the

normal

course

with

tank

removal,

that

they

would

require

this

kind

of report?

No.

This

the

first

time

in my

experience

that

I’ve

seen

that

this

—-

the

permit

condition

specifically

required

site

assessment.

Okay.

Now,

I’m

going

direct

your

attention

to page

Petitioner’s

Exhibit

This

page

10?

Yep.

you

have

page

10 in

front

you?

Keefe

Reporting

Company

Yes.

This

table

Okay.

And

that

table

somewhat

similar

the

table

we talked

about

earlier

that’s

the

record

regarding

the

subject

site

we’re

here

about;

that

correct?

Yes.

Okay.

And

tell

page

Petitioner’s

Exhibit

tell

what

that

table

what

information

contains.

MR.

RICHARDSON:

I’d

show

objection

for

the

record

this

material.

don’t

know

the relevance

to our

case.

HEARING

OFFICER

WEBB:

don’t

know

the

relevance

either,

but

will

allow

you

to make

offer

proof

the

Board.

MR.

DWYER:

Okay.

just

so I

understand

the

Hearing

Officer’s

ruling,

need

make

offer

right

now?

HEARING

OFFICER

WEBB:

Well,

MR.

DWYER:

mean,

I’m

happy

that.

HEARING

OFFICER

WEBB:

You

haven’t,

you

know

MR.

DWYER:

I mean,

haven’t

offered

the

exhibit

in.

Keefe

Reporting

company

HEARING

OFFICER

WEBB:

You haven’t

MR. DWYER:

haven’t

offered

the

exhibit

in.

HEARING

OFFICER

WEBB:

That’s

true,

you

have

not

offered

the

exhibit

in yet,

so,

I mean,

guess

the

testimony

—- you

know,

are

you

going to

—- well,

why

don’t

you

ahead

and

offer

it.

you’re

going to

refer

to it,

if he’s

going

give a line

testimony

it,

why

don’t

do it.

MR.

DWYER:

Well,

that!s

fine.

offer

Petitioner’s

Exhibit

into evidence.

HEARING

OFFICER

WEBB:

Okay.

I will

an offer

proof.

MR.

DWYER:

Well,

I’m

sorry.

And

I should

clarify.

I’m offering

now.

I’m

-— I was

the

understanding

that

you

were

going

to deny

that and

then

would

make

offer

of proof

as to

why we

think it

should

in.

HEARING

OFFICER

WEBB:

Yes,

yes.

You’re

right.

Yes.

MR.

DWYER:

So I’m

going

offer the

exhibit

into evidence

now.

MR.

RICHARDSON:

I’ll object

for

relevance.

MR.

DWYER:

Okay.

Keefe

Reporting

Company

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storage

tank

removal.

Okay.

And

that

for

site

other

than

the

site

we’re

here

talking

about

today?

Yes.

And

fact,

does

relate

site

503

North

Main

Street

Red

Bud,

Illinois?

Yes.

Okay.

And

again,

directing

your

attention

Petitioner’s

Exhibit

the

first

page

and

again,

we’re

looking

Subsection

does

that

report

that

storage

tank

log

indicate

whether

not

the

fire

marshal

storage

tank

safety

specialist

believed

that

there

was

apparent

release

this

location?

MR.

RICHARDSON:

I’m

going

again

object

for

relevance

this

exhibit.

HEARING

OFFICER

WEBB:

Sustained.

MR.

DWYER:

Okay.

The

offer

proof

we’d

make,

Your

Honor,

this

again

similar

our

offer

Petitioner’s

Exhibit

that

here

another

removal

log

where

the

fire

marshal

storage

tank

safety

specialist

indicated

that

there

was

apparent

release,

and

further,

would

note

that

the

pages

3, 4,

and

the

exhibit

are

pages

from

the

Illinois

Environmental

Protection

Agency’s

leaking

underground

storage

tank

Keefe

Reporting

Company

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I’m about

done.

don’t think

I have much

left.

Maybe

one

question,

maybe

two.

I’d

just like

to use the

restroom.

HEARING

OFFICER

WEBB:

Yeah.

We’ll

take

five—minute

recess.

(Brief recess

taken.)

HEARING

OFFICER

WEBB:

Okay.

everybody’s

ready,

we will

go back on

the record,

and, Mr. Herlacher,

you

are still under

oath.

THE WITNESS:

Yes.

HEARING OFFICER

WEBB:

Please

continue your

questions.

(By Mr.

Dwyer) Mr.

Herlacher,

I just want

to finish

I think maybe

with one question.

Given the

testimony

today,

the discussion

of the

record,

this is

what I

want

to ask

you: If the

regulations

as you

understood

them

and when I say

that,

I mean

Part

734

of 35 Illinois

Administrative

Code and

Part 170

of 41

Illinois

Administrative

Code

-- if those

regulations

require

that you take

a sample

from

site

and send

a lab and

have it laboratorially

analyzed

to confirm

release, would

you have

done so?

Sure. It’s

only, what

50,

60 dollars for

sample.

would

stupid

not to

do that.

Keefe

Reporting Company

Okay.

And

again,

just

confirm,

until

you

received

this

letter

and

had

the

discussions

you

described

with

Mr.

Gaydosh

and

Mr.

Chappel,

had

you

ever

been

under

the

impression

understood

that

you were

required

take

sample,

send

lab,

have

analyzed

confirm

a release?

No,

not

required.

MR.

DWYER:

Thank

you.

have

further

questions.

HEARING

OPFICER

WEBB:

Thank

you.

Mr.

Richardson?

CROSS

EXAMINATION

MR.

RICHARDSON:

Mr.

Herlacher,

what’s

your

ownership

interest

your

consulting

firm?

I’m

a 50

percent

owner.

partnership

It’s

IJIJC.

Okay.

And

have

you

done

work

other

LUST

sites

for

Dickerson

Petroleum?

Yes.

.bout

how

many

others

are

you

aware

of?

I’ve

been

doing

work

for

them

since

1994.

There’s

probably

been

between

and 20

altogether.

Keefe

Reporting

Company

And

you

know

what

prompted

them

task

you

to do

the

site

investigation

that

you

were

out

there

doing

on January

2008?

Well,

they

didn’t

specifically

—-

they

contacted

initially

find

out

have

——

there

presence

any

contamination

around

the

tanks.

Now,

know

the

property

changed

hands

a few

months

before,

and

since

they

didn’t

own

the

property,

they

had

some

kind

agreement

with

the

property

owner

to, you

know,

provide

gasoline

the tanks

and

stuff

that.

So--

I don’t

know

that

was

part

the

reason

not,

but they

just

said,

hey,

you

——

can we

check

for

presence

contamination

around

the

tanks.

So a

property

sale

had occurred

prior

you

going

out

there,

and

then

apparently

they

still

had the

responsibility

to deal

with

the

tanks

the

site.

Yeah,

they

were

the

tank

owner.

Somebody

else

was

the

property

owner.

Okay.

And

you

know

how

long

think

your

direct

testimony

you

said

the

tanks

were

empty.

you

know

how

long

they

had been

not

being

used

as a

gas

station

site?

really

don’t.

Keefe

Reporting

Company

And

think

you

said

when

you

were

breaking

through

the

concrete

asphalt

your

boring

did

you

say

something

about

greenish

soil

something?

Well,

yeah.

When

got

—-

the

time

got,

oh,

couple

feet

below

the

surface,

there

was

some

discoloration

the

soil.

And

how

did

you

describe

that

again?

Kind

greenish—gray

color.

was

dark

color.

Okay.

Hard

brown,

maybe.

And

believe

there’s

been

testimony,

well

what’s

the

record,

there

was

visual

and

olfactory

sensing

petroleum

release;

that

correct?

Yes.

Now,

isn’t

true

your

experience

that

you

were

gas

station

site

and

you

were

digging

into

the

earth,

the

backfill,

the

natural

soil

around

tank,

would

be,

what,

almost

certain

you’re

going

get

the

smell

gasoline

visual

view

maybe

some

darker

soil

something?

Oh,

would

say

experience

that’s

not

100

percent

guaranteed.

Keefe

Reporting

company

But

would

quite

often,

would

not?

Well,

there’s

been

release

from

the

tank,

yes.

And,

mean,

what,

overfills

and

spills,

things

that?

Overfills,

tank

leaks,

piping

leaks.

it’s

fairly

common

occurrence

have

visions

that

or smells

that.

there’s

been

release

from

the

tank,

yes.

And,

now,

with

the

when

you

use

PID

monitor,

now,

that

cannot

tell

you what

specific

contaminant

chemical

giving

that

reaction;

that

correct?

Right.

It’s

range

volatile

organic

compounds.

But

you

can’t

identify

the

specific

compound

that

it’s

reacting

to.

No.

And

you

also

cannot

tell

the

level

the

contamination

in the

soil

based

upon

the

reading

from

that

monitor;

that

right?

Well,

you do

get

a measurement

the

VOC

content

the

vapors

released

from

the

soil.

Keefe

Reporting

company

Yes,

but you

can’t

tell

the exact

contamination

level in the

soil itself.

It’s

not

a part

—— It’s

not in parts

per

million

by mass

weight, no.

And

get

either

a specific

pollutant

the

ground

or the level

of contamination

of that

pollutant,

you would need

to send

a sample

to a

laboratory;

is that right?

you

wanted

to isolate

on a specific

contaminant,

yes,

that would

require

a laboratory

analysis.

Okay.

And

is there

any reason in

either

the

45-day

report or

the

45-day

report

addendum you did

not

include

the

levels

that the

PID was reading

when you

did

that hand auger

on January

18?

Well,

first

all, there

was

no requirement

that

I was aware

of to do it,

and second,

there’s

—- it’s

not like

we were

going to be able

to utilize

that

information

to close

the site,

because to do

site

closure

you have to have

laboratory

analysis.

This

was

just

preliminary

assessment.

But in

later

communications

with the Agency

on the

matter, I

mean, that number

has been

given

some

importance;

that

right?

Keefe

Reporting

Company

MR.

DWYER:

I’m

just

going

object

for

clarification

purposes.

Which

number?

MR.

RICHARDSON:

The

PID reading.

MR.

DWYER:

Just

generically

the

PID

reading

that he

testified

to?

(By

Mr. Richardson)

Well,

was

over

1,000?

that what

you

testified

to?

Right.

That reading.

MR.

DWYER:

No,

that’s

fine.

mean, has

that

been given

importance

subsequent

January

of 2008?

I’ve

been, you

know,

advised

some

correspondence

from

the Agency

that

it wasn’t

provided,

and

I don’t

know

how important

that

is. I mean,

least

personally,

it’s not

all that

important.

Okay.

And,

now,

just

from

the

way

your

direct

testimony

went,

take

it that

you

were

not

present

when

these

tanks were

pulled,

like, in

mid May

of 2008?

Actually,

was

there

for an

hour or

so.

And

were

you

there

when

Mr. Gelarden

was

there,

when

——

Yes.

Keefe

Reporting

Company

So did

you -- were

you really

doing

the

observations

or was

Mr. Foley ——

Mr. Foley.

-- doing

the

observations?

Okay.

Mr. Foley was

there

our

representative

to oversee

the

tank

removal and

contaminated

soil removal.

I need

to tell

you

why

was

there?

mean, is that

-—

No,

no. I just didn’t

know

if you were

there or not.

Well,

I mean,

on an unrelated

site

that he

was

conducting an

inspection,

so for the

—- my client

requested

I take him

some

paperwork

for this

other

site,

and

I knew

he was going

be there

because we

were

doing

the

tank pull.

But Mr.

Foley

was

really the

one that was

your representative

——

Right.

-- for the tank

pull.

Okay.

Uh-huh.

Now, Mr.

Dwyer had

you looking

at a number

regulatory

provisions,

and

you

say you are

familiar

with

them

from your past

experience.

Is it your

testimony that

once

you

have

done the

investigation

Keefe Reporting

Company

you

did and

then

you

call

a release,

your

understanding

that

after

that,

reimbursement

should

be a

foregone thing;

you’re

automatically

eligible

for

it?

No.

You

have

file

the

application

form

with

the

state

fire

marshal’s

office

and get

that

reviewed

and

approved

woman

up there.

And

the

what

application

form

are

you

talking

about?

Eligibility

and

deductibility

form.

Okay.

don’t

know

that’s

the

record

not.

Okay.

you

say

you

do what

you

did

here

and

you

call

release

and

then

you

get

your

eligibility

and

deductible

letter.

Then

everything

else

——

it’s

a release

and

you

should

reimbursed

for

the

cost

corrective

action

that

site.

Well,

as long

you

conduct

your

activities

in accordance with

the regulatory

guidelines

and

that

the

LUST

section

enforces.

other

words,

they’re

not

going

pay

everything

automatically.

There’s

restrictions

certain

things

and

requirements

that

you in

some

cases

file

plans

and

budgets

and things

that.

mean,

it’s

not

1989

when

you

could

out

and

everything

you

wanted

and

get

reimbursed

for

it.

Keefe

Reporting

Company

Right.

breaks

the

fund

after

couple

months.

MR.

RICHARDSON:

have

further

questions.

MR.

DWYER:

Just

want

redirect

couple

things.

HEARING

OFFICER

WEBB:

Okay.

REDIRECT

EXAMINATION

MR.

DWYER:

During

your

cross

examination,

Mr.

Herlacher,

you

were

asked

about

the

reasons

why

you

were

contacted

Dickerson

the

site,

I’ll

just

say

words

that

effect.

iust

want

clarify

couple

things.

your

experience,

Mr.

Herlacher,

are

there

any

things

that

owner/operator

has

before

they

can

take

tank

out

the

ground?

Well,

yeah.

They

have

hire

certified

contractor

and

-—

And

then

what

else?

The

contractor

has

submit

application

form

the

state

fire

marshal

get

removal

permit.

application

for

what?

get

removal

permit.

Okay.

they

need

permit

remove

Keefe

Reporting

Company

tank.

Right.

that

-- Is it

your understanding

that’s

requirement

the law,

that

to remove

a regulated

tank

Illinois,

you

need

permit

from

the fire

marshal?

Yes.

Okay.

would

fair

say

that

Illinois,

remove

tank

legally,

you

have

to undertake

certain

plans

before

you

take

it out

the

ground?

Yes.

Okay.

Now,

Mr.

Richardson

asked

you some

questions

about

the

—— I

want

make sure

understood

your responses

about

whether

or not

the PID

meter

reading

was

important.

I wasn’t

sure

whether

you

said

wasn’t

important

was

important,

I want

make

sure.

From

your

perspective,

terms

doing

your release

investigation

and

confirmation,

you believe

the

PID

meter

reading

and

the

use

of it

is important?

Yeah.

think

it was

important

for me

decide

whether

there’s

evidence

contamination

or not.

The way

I understood

his question

was

the

actual

number,

whatever

it was,

important

to somebody,

and

-—

somebody

at the

Illinois

EPA.

Okay.

Well,

let me

-- then

let

me ask

you,

Keefe

Reporting

Company

just

clear,

was

the

number

the

PID

meter

reading

that

is,

1,000

was

that

important

you?

Oh,

yeah,

that

——

And

tell

me,

why

was

that

important?

Because

based

my experience,

any

time

BID

readings

for

gasoline—contaminated

soil

sample

exceed

couple

hundred

parts

per million,

then

laboratory

analysis

that

sample

would

come

back

above

the

tier

cleanup objectives.

The

lab

results

would

be above.

Okay.

But

you’re

you

are

extrapolating

that

there’s

correlation

there.

You

don’t

have

hard

evidence

that

1,000

ppm

equals

above

tier

for

given

contaminant.

No.

It’s

just

experience

that,

you

know,

above

certain

level,

then

the

lab

results

typically

come

back

above

the

tier

cleanup

objectives.

Okay.

And

then

last

point

just

want

make

sure

that

I’m

clear

——

once

you

call

release,

you

think

it’s

a foregone

conclusion

that

any

work

response

that

release

going

eligible

for

reimbursement?

Well,

it’s

conducted

accordance with

the

agency

guidelines.

Keefe

Reporting

company

So there are

number

steps,

would

fair to say, that an

owner/operator

and/or

its consultant

have to step through

and satisfactorily

complete

before

they’ll

be entitled or that release

will

entitled

any reimbursement for

corrective action?

Right.

MR. DWYER:

I don’t

have anything further.

MR. RICHARDSON:

have no further

questions.

HEARING

OFFICER WEBB:

Okay.

Thank

you,

Mr. Herlacher.

You

may step down.

(Off the record.)

HEARING OFFICER WEBB:

Okay.

Mr.

Dwyer,

you

may call your next

witness.

MR. DWYER:

Okay.

We would

call Mr. Foley,

and Miss Rios will handle

the examination

of Mr. Foley.

HEARING OFFICER

WEBB:

Okay.

Great.

MR. DWYER: Any

objection

that,

Greg?

MR. RICHARDSON:

Oh, no.

HEARING OFFICER WEBB:

Will the

court

reporter please

swear in the witness?

(Witness sworn.)

HEARING OFFICER WEBB:

Go ahead, Miss Rios.

JAMES

FOLEY,

produced, sworn

and examined

Keefe Reporting

Company

behalf

of the

Petitioner,

testified

follows:

DIRECT

EXAMINATION

BY MS.

RIOS:

Could

you

please

state

your

name

for

the

record?

James

Foley.

And,

Mr.

Foley,

are

you currently

employed?

Yes.

Who

are

you

employed

by?

Herlacher

Angleton

Associates.

And

how

long have

you

been

employed

HerJ.acher

Angleton?

Since

late

2005.

Okay.

And what

is your

position

at HAA?

Associate

scientist.

Primarily,

what

are

your

duties

as an

associate

scientist?

Project

management.

And

project

manager,

what

kind

tasks

you

complete?

It’s

a mix

fieldwork

and

paperwork;

probably

paperwork

than

fieldwork

typically.

And

how

long

have

you

been in

the

environmental

consulting

business?

Keefe

Reporting

Company

Since

1989.

And

I’m

going

show

you

Exhibit

which

has

already

been

admitted.

Can

you

tell

what

this

is?

Resume,

mine.

And

accurate

recitation

your

background

and

experience?

Yes.

Can

you

tell

little

bit

about

your

education

and

any

professional

certifications

you

may

hold?

have

bachelor’s

degree

chemistry

from

the

University

Missouri,

master

level

certified

hazardous

materials

manager

certification.

I’m

certified

indoor

environmental

consultant

with

the

American

Indoor

Air

Quality

Association

and

Missouri

and

EPA

certified

asbestos

inspector,

Missouri

Department

Natural

Resources

Department

Geology

and

Land

Survey

well

driller

and

pump

installer

certificate

and

OSHA

40—hour

HAZWOPER

certification.

Okay.

And

during

the

course

your

career

working

environmental

consultant,

how

many

underground

storage

tank

sites

have

you

worked

on?

Between

and

100.

don’t

know

the

exact

number.

Keefe

Reporting

company

And

those

sites,

how

many

have

involved

UST

removals?

I’d

estimate

75 percent.

And,

Mr.

Foley,

during

site

assessments

and

UST

removal

activities,

you

use

photoionization

detector

or PID

meter?

Yes.

And

can

you

explain

what

PID

is?

It’s

instrument

used

measure

volatile

organic

molecules

air.

And based

your

experience

and

training,

you

consider

a PID

meter

and

the

readings

provides

quantitative

measurement?

Yes.

And

what

kind

measurement

does

give

you?

Gives

you

concentrations

volatile

organic

compounds

parts

per

million

per

unit

volume,

ppmv.

And

can

PID be

used

measure

for

BTEX

and

M’BE?

Yes.

And

are

BTEX

and MTBE

VOCs?

Yes.

Does

a PID

need

calibration?

Keefe

Reporting

Company

Yes.

And how

frequently

you calibrate

PID?

Typically

before

each

day

it’s used

in the

field.

And are

you

familiar

with

the

Cahokia

Quick

Shop site

that’s

the

subject

of this

hearing?

Yes.

Okay.

And

at this

site,

were

there

specific

VOC5

that you

were

measuring

for?

Specific

VOC5?

No.

Okay.

And

did --

With

the PID?

Yes, with

the

PID.

Well,

the

target,

we were

looking

for

gasoline—related

compounds,

mean,

because

that

was

the

nature

the substances

contained

in the

underground

tanks

on site.

Okay.

And

based

upon

your

observation

the

site,

other than

the

USTs, were

there

any

other

subsurface

sources

petroleum

contamination

the

vicinity

the site?

my knowledge,

there

were

no other

underground

tank

installations

or sources

of gasoline

within

a half

mile of

the site,

to my

knowledge.

Keefe

Reporting

company

Okay.

And in

your experience,

can you

correlate

a PID measurement

to a level of

contamination?

Relative,

yes. I

mean, you

can’t

there’s

no direct

correlation

with

laboratory

analytical

values,

but order

magnitude,

yes.

Okay.

Does

a PID measurement

mean ——

What

does a PID measurement

mean in terms

of determining

whether

the soil

that you’re

sampling

is contaminated?

you’re getting

readings

above

background,

it usually

indicates

some degree

of contamination.

And can

you tell me in

your

experience

what

type

of measurements

those

are in terms

ppm?

Generally,

you’ve got readings

the

hundreds,

usually

-— usually

samples that

exhibit

readings in the

hundreds

on the PID in

the field,

typically,

if that

sample

is laboratory

analyzed,

it’ll

generally

come back

with

detectable

levels

of those

contaminants

in the laboratory

samples.

Okay.

And in

your experience,

is it

customary

rely

on PID measurements

to determine

that

there is

evidence

of a release

a site?

In conjunction

with

other observations,

yes.

And what

type of other

observations?

Petroleum

odor, discoloration

of the

soil,

Keefe

Reporting Company

that’s

characteristic

petroleum

contamination.

Okay.

Have

you

relied

on PID

measurements

in the

past

indication

petroleum

release?

Yes.

And

does

a PID

meter

provide

any

type

readout

receipt

the measurements?

No.

Some

them

have

data

logging

capability,

but

——

least

the

instruments

have

not

have

printout

any

sort,

no.

Okay.

And

how

were

you

involved

with

this

site?

That

were

your

responsibilities?

I was

designated

the project

manager

for

the

tank

removal

this

site.

Do you

recall

the dates

that

you were

the

site?

believe

first

time

site

was

May

but

that

was

to take

photographs

of the

site

prior

any

of the

work

commencing.

May 2

there

were

corrective

action

tank

removal

activities

going

on.

No.

Okay.

And

after

your

initial

visit

take

photos,

when

did

you

return

to the

site?

May

12.

Keefe

Reporting

company

Okay.

And

why

were

you

there?

observe

the

process

of the

tank

removal.

Okay.

And

specifically,

on May

12, what

type

activities

were

going

on?

WSI

the

contractor,

the mechanical

contractor

we were

working

with

on the

project.

They

were

there

removing

the

pavement

over

the tanks

and

uncovering

the tanks.

And

the 45-day

addendum,

which

the

record,

there are

several

photos.

Did you

take those

photos?

Yes.

And can

direct

you to

page

204 of

the

record?

This is

part

the record

supplement

from

earlier.

It’s

should be

Okay.

on May

12, did

you

take any

of the

photos

in the

record

page 204

through

I believe

213?

Let’s

see.

The

photos

on page

205

were

taken

on the

12th.

Okay.

And

can

you tell

me in

photo 4,

which

labeled

P4,

on page

205 of

the record

Yes.

-- if

there’s

any indication

that

you

see

Keefe

Reporting

Company

that

release

occurred?

Yes.

There’s

staining

the

surface of the

tank

and

the

backfill

material

immediately

adjacent

the

tank

near

——

oh,

I guess

it’s

about

third

the

way

down

the

tank

near

where

the

laborer

standing.

And based

on your

experience

and

training,

what

does

this

type

soil

staining

indicate?

That

there’s

been

release

the

backfill

material.

Okay.

And

when

you

were

the

site

that

day,

were

there

any

other

observations

that

you

made?

From

the

side

the

excavation,

you

could

smell

gasoline

fumes

in the

air.

And based

on your

training

and

your

experience,

what

does

that

——

what

does

the

presence

petroleum

odor

indicate?

Well,

given

the

location

was

smelling

and

the

direction

of wind,

was

coming

from

the

excavation.

Okay.

And

were

you

the

site

the

day,

May

13?

Yes.

And

can you

tell

what

kind

activities

were

going

that

day?

Keefe

Reporting

Company

the

13th

they

were

getting

any

residual

product

out

the

tanks

and

blowing

the

tanks

down.

They

were

removing

vapors,

gasoline

vapors

from

the

tanks.

Okay.

And

can

direct

you

page

206

the

record?

Were

any

these

photos,

either

photo

taken

that

day?

The

photo

was

taken

that

day.

And

can

you

tel].

this

photo

5 on

page

206

there

any

indication

evidence

release?

noted

the

other

photograph,

you

can

see

staining

both

tanks

the

vicinity

the

manway.

There’s

a manway

about

third

halfway

down

the

tank

where

there’s

staining

both

—-

emanating

from

that

manway

going

down

both

sides

the

tank

into

the

backfill.

And

based

your

experience,

what

does

this

type

soil

staining

indicate?

That

there

was

release

gasoline

contaminants

into

the

soil.

Earlier

you

mentioned

that

when

you

were

the

site

May

you

could

smell

petroleum

odors.

Was

that

odor

still

present

when

you

were

there

May

13?

Keefe

Reporting

Company

During

the

excavation

process,

yes.

When

you

were

the

site

that

day,

did

you

use

a PID

meter?

Yes.

And

why

were

you using

that?

Just

see

the

whether

the

soil

was

hot

not.

And

do you

recall

what

the

PID

measurements

were?

took

a variety

samples

examine,

and

I was

getting

readings

anywhere

from

the

low

hundreds

and above

1,000.

And

what

does

PID

measurement

in the

low

hundreds

above

1,000

indicate

in terms

of whether

the

soil

there

contaminated?

It’s

usually

indicative

significant

release.

And

then

based

your

visual

observations

the

soil

staining,

the

presence

a petroleum odor

and

these

PID

measurements

and

your

experience,

was

there

evidence

of a

release

there

that

site?

Yes.

May 14

were

you

also

the

site?

Yes.

100

Keefe

Reporting

Company

And

what

activities

were

going

that

day?

the

morning

the

tanks

were

removed,

the

14th.

Okay.

And

during

a UST

removal,

what

are

your

responsibilities

the

site?

document

the

process

via

photographs

and

collect

samples

accordance with

Part

734.

And did

you take

photos

that

day?

Yes.

Can

you

turn

page

208

the

record?

This

the

record

supplement

again.

Was

photo

taken

that

day?

Yes.

And

can

you

show

photo

there

any

evidence

of a

release?

that

photograph,

the

sort

center

section

you

can

see

dark

staining

the

sand

beneath

where

the

tank

had

been

removed.

The

dark

staining

sort

extends

from

the

left

-—

I mean

——

I’m

sorry

——

the

right

center

the

photo

toward

the

center

the photo

and

also

from

the

upper

left

center

the

photo

downward

toward

the

center

the

photo.

MR.

RICHARDSON:

Excuse

me.

Just

for

clarification

——

10]

Keefe

Reporting

Company

MS.

RIOS:

Sure.

MR.

RICHARDSON:

-- what

photo

number

These

photos

are

numbered,

right?

What

photo

are we

referring

to?

MS.

RIOS:

Photo

page

208.

It’s

the

top

one.

MR. RICHARDSON:

Okay.

(By Ms.

Rios) And

based

your

experience,

what

does the

soil

staining

photo

indicate?

When

petroleum—related

compounds

get in

the

soil,

they generally

cause

it to

change color

from

brown to

a greenish—gray.

As you

testified

earlier,

days

when

you

were

there,

there

was a

petroleum

odor.

Was

that still

present

during

the

excavation

the UST5?

Yes.

Did you

use

PID meter

May

during

the

UST

removal

activities?

Yes.

you remember

what

those

measurements

were?

They

ranged from

background

excess

1,000.

And

what

those

types

of PID

measurements

102

Keefe

Reporting

company

indicate,

then,

terms

contamination?

Well,

you’re

getting

any

readings

above

background,

indicates

some

degree

volatile

organic

compounds

in the

soil.

When

those

readings

get

into

the hundreds,

it’s

typically

indicative

significant

contamination.

Okay.

based

the

PID

measurements

and

your

visual

observations

well

the

petroleum

odors,

was

there

evidence

release

this

site?

Yes.

Were

you

the

site

May

15,

the

day

after

the

UST removal?

Yes.

And

what

type

activities

were

going

that

day?

Excavation

and

hauling

contaminated

backfill

material.

And

during

those

activities,

did

you

use

PID

meter?

Yes.

Why?

Just

to see

what

the

levels

contaminants

were

the material

that

was

being

removed.

Okay.

And

you

remember

what

the

PID

103

Keefe

Reporting

company

measurements

were

for

those

samples?

varied

from

one

sample

the

next,

but

was

typically

were

seeing

levels

between

200

and

1,000.

Okay.

And

what

material

were

you

measuring

with

the

PID

that

day?

I’m

sorry?

What

material

were

you

measuring

with

the

PID?

You

said

that

there

was

backfill

going

on,

excavating.

Were

you

measuring

——

Yes.

the

soil

that

was

being

excavated?

Yes.

Okay.

Did

you

take

any

photos

that

day?

Yes.

And

the

record

page

211,

photo

it’s

the

photo

the

top

was

that

one

the

photos

that

was

taken?

Yes.

Can

you

show

this

photo

there’s

any

indication

release?

You

can

see

the

trackhoe

operator

was

raking

the

contaminated

backfill

material

over

into

a ---

one

corner

the

excavation

facilitate

had

104

Keefe

Reporting

Company

done

that

moving

around

the

excavation

different

locations

and

throwing

the

dirt

over

into

one corner,

because

that

was

really

the

only

place

could

load

the

trucks,

was

on that

one

side,

without

obstructing

traffic,

you

can

see

in that

photo

there’s

pile

the

corner

the excavation

below

the

excavator

where

had

pulled

this

material,

and

that

material

you

can

see

—-

exhibits

discoloration

characteristic

petroleum

contamination.

And was

the

petroleum

odor

still

present

that

day?

Yes.

‘When

was

the

excavation

completed?

that

On the

15th.

Okay.

Let’s

back

May

14 during

the

UST

removal.

Was

there

anyone

from

the

Office

of the

State

Fire

Marshal

site

that

day?

Yes.

you remember

who

that

was?

was

Kent

Gelarden.

Did you

have

the

opportunity

observe

Mr.

Gelarden’s

activities?

Yes.

And

what

did

you

observe?

105

Keefe

Reporting

Company

think

showed

up around

nine o’clock,

and

they were —

the

tanks had

been blown

down

and we

were at

the point where

they’re

ready to

be removed,

and

Mr.

Gelarden walked

out onto

the tanks

with his LEL

meter to

check the

tanks for explosive

vapors

that he

could determine

whether

it was

safe to remove

the tanks

at that point

not.

And

what

an LEL meter?

It’s

a device

used to ——

it measures

oxygen

and it

also measures

the presence

of flammable

compounds,

and

it can

tell

you

—— that’s

certain

——

for

a given

flammable

compound,

there’s

certain range

below

which

and

above which

there’s

insufficient

—— there’s

insufficient

mixture

for it

to be flammable

or explosive,

but within that

explosive

range it

can easily,

you know,

catch

fire and explode,

he was trying

to make

sure

that we were

below

the lower

limit of

that range.

Okay.

And

does

LEL meter

measure VOCs?

Not

directly.

I mean,

VOC5

-—

many VOC5

are

flammable,

but

doesn’t

—— it just

determines

the

presence

flammable

compound.

Many

VOC5

which

fall

into that

category,

but it

doesn’t

specifically

measure

them.

And can an LEL

meter

be used to

determine

106

Keefe

Reporting

company

whether

there

was

release

petroleum?

No,

because

was

used

measure

the

atmosphere

inside

the

tanks.

And

during

the

explosivity

testing,

where

was

Mr.

Gelarden

standing

relation

the

contamination

you

discussed

earlier?

Almost

right

top

it.

After

the

explosivity

testing,

did

Mr.

Gelarden

conduct

any

other

activities?

None

that

I’m

aware

of.

Did

collect

soil

sample?

No.

you

recall

whether

Mr.

Gelarden

was

site

during

the

UST

removal?

Yes,

was.

Okay.

Did

you

have

any

discussions

with

Mr.

Gelarden?

Just

very

brief.

said

had

form

for

that

wanted

give

before

left.

And

you

remember

what

those

forms

were?

One

was

copy

the

amended

permit

remove

the

tanks

and

the

other

was

blank

tank

removal

certification

form.

did

not

provide

you

copy

his

OSFM

107

Keefe

Reporting

company

log of

removal

report.

No.

Okay.

You

mentioned

earlier

that

one

your responsibilities

at the

site was

collecting

soil

samples.

Yes.

during

the

removal,

did

you

collect

soil

samples?

After

the

tanks

were

removed,

collected

samples

in accordance

with

734.210(h),

believe

is.

How

were those

samples

collected?

The safety

regulations

prohibit

from

getting

into

the excavation

to collect

samples,

directed

the trackhoe

operator

to get

a bucketful

soil

from

specified

locations

around

the

excavation.

He would

bring

the bucket

up to

the

surface

near

the

side

of the

excavation.

would

remove a

portion

that

bucket

with

trowel

and place

it in

Ziploc

bags.

And

did you

use

PID

meter

Yes.

with those

samples?

Yes.

And

was it

calibrated?

Yes.

108

Keefe

Reporting

Company

you recall

what

the measurements

were

from

the PID?

On those

samples,

the readings

were pretty

low.

And what

does that indicate?

That

we were

-- That

the contaminated

materials

were

being removed

—— well,

we were

getting

the point

the

excavation where

the more

contaminated

materials

had

been

removed or

getting down

to the point

where we’re reaching

clean

conditions.

Okay.

Did

you

have any role

in compiling

the

45-day report or

the

45-day

report

addendum that’s

the record?

Yes.

I prepared

both

of them.

Have

you compiled

these

types of reports

the

past?

Yes.

you typically

include

the PID

measurements

the 45—day reports

45—day report

addendums?

No.

Did

you include

the PID

measurements

from

the

Cahokia

site

in the

45-day reports

or addendums?

No.

109

Keefe

Reporting

Company

And

why

don’

t -- why were

those not

included?

They’re

not

required and they’re

not

acceptable

by the

department

for reaching

any

conclusions,

least for the

purpose of

closure.

The ——

You know,

was mainly

using

it as a tool

to determine

where we were

in terms

getting

to the

point of

conditions

that appeared

to be, quote,

unquote,

clean.

And

are you aware

of any

rule that requires

PID measurements

be included in

reports

submitted

to the

Illinois EPA?

There

no requirement

as such that

I’m

aware

of.

MS. RIOS:

I have

no further

questions.

HEARING

OFFICER

WEBB:

Thank

you.

Mr.

Richardson?

CROSS EXAMINATION

BY MR.

RICHARDSON:

Mr. Foley,

so you were

there

the tank

pull.

Did

that

go over a period

of three

four

days?

that correct?

Basically

Monday

through

Friday from

start

to finish.

Okay.

And if you could

reference

-- I

guess

110

Keefe

Reporting

company

it’s

photograph

number

what

day

was

that

on;

you

recall?

That

was

the

12th,

Monday

the

12th.

Okay.

And

what

day

was

Mr.

Gelarden

there?

Wednesday

the

14th.

Okay.

And

when

you

were

wrapping

things

with

him,

mean,

you

never

discussed,

like,

well,

got

release

here,

don’t

we,

there’s

evidence

contamination?

Did

you

have

any

discussions

that

effect?

Not

that

recall.

Okay.

And

that

typical,

that

you

don’t

into

those

details

with

the

OSFM

representative?

You

know,

it’s

——

some

the

conversations

have

are

not

necessarily

topic.

mean,

it’s

just

chitchat.

It’s

——

You

know,

sometimes

comments

will

made

about,

you

know,

this

one’s

really

nasty

this

one’s

not

bad

whatever,

but

don’t

recall

any

conversations

that

effect.

Okay.

And,

now,

can

you

estimate

about

how

many

PID

readings

you

took

during

that

week

the

tank

pull

those

four

days

the

tank

pull?

total?

Probably

the

neighborhood

30,

40.

ill

Keefe

Reporting

Company

And do

you

keep

any

type

log

those

something?

not.

I usually

——

When

collect

the

samples, I

put

them

Ziploc

bag and

typically

write

the

numbers

the

bags

and

stack

them

in the

back

truck,

and

then

I can

look

them

the

end

the

day,

and

there’s

no reason

retain

any

them,

chuck

them

the

excavation

they

can

hauled

off

with

the

material

the next

day.

And

what’s

the

point

of,

like,

bagging

the

soil

and

then

putting

in your

truck

till

the end

the

day?

case

want

to look

back

at the

numbers

and

see how

they’ve

changed

during

the

course

the

excavation.

it’s

not

really

anything

personal

safety

issue

something

that

you

need

know

before

you

can

the

hour’s

worth

of work.

You’re

just

sort

monitoring

generally

monitoring

the

soil

where

you’re

and

then

putting

back

see

where

things

are

the

end

of the

day.

Yeah,

it’s

not a

safety

issue.

It’s

just

sort

track

the

progress

the

excavation

see

what

——

the

relative

degree

contamination

the

112

Keefe

Reporting

Company

material

that’s

being

removed.

And,

now,

photograph

there

where

that

gentleman

standing,

that’s

near

——

that

near

the

fill

hole

the

tank,

that

manway,

or am

I incorrect?

There

——

It’s

a manway.

I’m

not sure

whether

that

was

fill

port

connection

for

a suction

line.

I’m not

really

sure.

Okay.

didn’t

see

—- well,

I don’t

know.

And

when

Mr.

Gelarden

was

there

was

actually there

when

you

pulled

the

tanks

out

the

ground?

Yes.

And

I’m

just

looking

page

I guess

this

tank

one

and

page

7, tank

two.

You

mean

photo

Excuse

me.

Photo

6 and

photo

I don’t

really

see any

holes

other

damage

the

main

bodies

those

tanks.

that

fair

statement?

didn’t

observe

any

perforations

either

tank.

Okay.

And

don’t

see

any

material

leaking

out

them.

No,

did

not

observe

that.

113

Keefe

Reporting

Company

MR.

DWYER:

Excuse

me.

Just

to clarify,

finish

that.

Leaking

out

of --

MR.

RICHARDSON:

The

tanks.

MR. DWYER:

Okay.

MR. RICHARDSON:

Either

tank

one

or tank

two.

(By

Mr. Richardson)

And

the

tanks

were

basically

empty when

they

were

pulled,

were they

not?

mean,

not ——

I’m not

talking

about

the

preparation

before

the

pull

that

has to

gone

through

pull

them,

but

mean basically

prior to

that,

the tanks

were

pretty

much

empty

and

not been

in use

for

a while,

correct?

Say

again.

Basically,

when

the --

when you

arrived

the

site

to remove

the

tanks,

the tanks

were

pretty

much

free

of any

product

because

they

hadn’t

been used

——

I believe

they

got all

the product

out

the tanks

they

could

get using

a stinger

and

a vacuum,

you

know,

vacuum

pump.

But, now,

that

was

the

personnel

that were

pulling

the tanks,

correct?

That

was

WSI,

yeah.

Do you

know

how

much they

pulled

out?

think they

ended

with

two

three

114

Keefe

Reporting

Company

drums

gasoline.

Fifty-five-gallon

drums?

Yeah.

And

these

are

each,

what,

10,000-gallon

tanks?

Yes.

And

in photograph

15,

can you

sort

direct

where

you’re

seeing

visual

evidence

of contamination

that

photo,

like,

either

points

the

clock

something?

The

-— You

can see

some

discoloration

along

the

walls

the

excavation,

but

the

area

where

was

the

highest,

over

on the

——

I guess

your

three

o’clock

position,

the

right—hand

side

near

the

center

vertically,

that’s

where

the

pile

material

that

was

being

loaded

was

staged.

say,

were

under

some

physical

restrictions

the

site,

the

trackhoe

operator,

rather

than

sit

in one

space

and

dig and

load,

moved

all

the

material

over

into

that

one

corner

facilitate

the

trucks

without

blocking

the

local

streets.

And do

you

recall

how

much

material

was

excavated

and

transported

the

landfill?

believe

was

500

tons.

I don’t

know

the

exact

number.

115

Keefe

Reporting

company

Okay.

And

soil

samples

were

taken

that

material;

that

right?

the

material

that

was

removed?

The

material

that

was

removed

for

disposal.

No,

there

were

——

well,

there

were

samples

collected

and

checked

with

the

PID

that

material,

but

not

—-

samples

that

material

was

sent

the

laboratory.

Yes.

You’re

——

should

have

been

specific

that.

And

why

weren’t

any

samples

collected

and

sent

lab

for

analysis?

There’s

requirement

so.

requirement

where?

the

regulations.

Since

your

company

and

your

client

received

the

Illinois

EPA’s

March

2009,

letter

and

also

Mr.

Gelarden’s

report

that

where

indicated

that

there

was

apparent

release,

mean,

would

your

MR.

DWYER:

I’m

just

going

object.

For

clarification,

which

report?

Which

report

are

you

talking

about?

The

underground

storage

tank

log?

MR.

RICHARDSON:

Mr.

Gelarden’s

field

report

——

from

guess

——

116

Keefe

Reporting

Company

MR.

DWYER:

Well,

can

we sort

maybe

talk

terms

of the

record?

MR.

RICHARDSON:

Sure.

MR.

DWYER:

Are

talking

about

just

want

make

sure

——

MR.

RICHARDSON:

No.

MR.

DWYER:

know

what

we’re

talking

about.

MR. RICHARDSON:

No.

MR.

DWYER:

mean,

are

referring

here

page

091

the

record?

MR.

RICHARDSON:

Yes,

and

I guess

092 is

his

drawing.

MR.

DWYER:

And

his

drawing,

yeah.

Okay.

just

want

make

sure

I understood.

MR.

RICHARDSON:

No.

MR. DWYER:

I don’t

know

you need

rephrase

that

form.

just

wanted

make

sure

understood

what

report

were

speaking

about.

(By Mr.

Richardson)

you

have

that

front

you,

Mr. Foley?

Yes.

Since

your

firm

received

that

report

and

received

the

Illinois

EPA’s

March

9, 2009,

decision,

117

Keefe

Reporting

company

mean,

am I

correct

that

your

firm

disagrees

with

Mr.

Gelarden’s

findings?

guess

that’s

Section

It’s

hardly

readable,

but

Yeah.

where

talks

about

appears

have

leaked,

etc.?

I’d

say

that Mr.

Gelarden

was

mistaken.

Okay.

And

has your

firm

made

any

complaint

the

state

fire

marshal’s

office

about

this?

don’t

know.

MR.

RICHARDSON:

Okay.

I have

no further

questions.

HEARING

OFFICER

WEBB:

Miss

Rios?

REDIRECT

EXAMINATION

BY MS.

RIOS:

I’ll

ask

follow-up.

Did

the landfill

require

a green

sheet

profile

the soil

from

the

excavation?

Yeah,

there

was a

profile

that

had to

submitted

advance,

but

I think

was a --

if I’m

not

mistaken,

it’s

a standing

—— didn’t

require

for

this

type

——

for

what

we refer

as virgin

gasoline—contaminated

soil, laboratory

analysis

isn’t

required

except

for

believe

a paint

filter

test

and

118

Keefe

Reporting

company

flash

point,

believe.

Okay.

there’s

requirement

specifically

send

soil

sample

the

lab

for

purposes

sending

this

the

landfill.

No.

Okay.

Can--

Mr.

Foley,

are

you

aware

any

right

process

challenge

OSFM

removal

log?

don’t

know

about

that.

MS.

RIOS:

Okay.

don’t

have

anything

else.

HEARING

OFFICER

WEBB:

Mr.

Richardson?

MR.

RICHARDSON:

have

questions.

HEARING

OFFICER

WEBB:

Okay.

Thank

you,

Mr.

Foley.

You

may

step

down.

Does

the

petitioner

have

anything

further

present?

MR.

DWYER:

have

further

witnesses

this

time.

HEARING

OFFICER

WEBB:

Okay.

Well,

let’s

off

the

record

for

moment.

(Off

the

record.)

HEARING

OFFICER

WEBB:

will

back

the

record,

then.

The

petitioner

has

completed

with

its

119

Keefe

Reporting

Company

case

this

time.

I will

ask

the

EPA to

call

its

first

witness.

MR.

RICHARDSON:

would

call

Jay

Gaydosh

the

stand.

HEARING

OFFICER

WEBB:

Okay.

Mr.

Gaydosh,

the

court

reporter

will

swear

you

in,

please.

(Witness

sworn.)

JAY

GAYDOSH,

produced,

sworn

and

examined

behalf

of the

Respondent,

testified

follows:

DIRECT

EXAMINATION

MR. RICHARDSON:

Would

you please

state

your

name?

Jay

Gaydosh.

And what’s

your

current

occupation?

I’m

environmental

protection

specialist

with

the

Illinois

EPA’s

Bureau

of Land,

leaking

underground

storage

tank

section.

And

how

long

have

you

been

employed?

Sixteen

years,

four

months.

And

could

you

please

just

tell

briefly

what

college

degrees

you’ve

obtained,

the

institutions

therefrom

and

the

dates?

graduated

with

associate

arts

degree

general

studies

from

Lincoln

College

1985

and

120

Keefe

Reporting

Company

1989

graduated

with

agriculture

from

Southern

Illinois

University

Carbondale.

Now,

you’re

project

manager

for

the

LUST

section;

that

correct?

Yes.

And

could

you

briefly

describe

what

duties

you

have

that

role?

Just

-—

The

primary

function

for’

review

the

files

and

the

reports

leaking

underground

storage

tank

incidents

that

are

submitted

either

the

owners

their

consultants

for

their

application

and

satisfaction

the

requirements

the

regulations

promulgated

the

Board.

Okay.

Now,

were

you

assigned

the

Dickerson

Petroleum

site

located

823

Upper

Cahokia

Road

Cahokia,

Illinois?

Yes.

And

correct

that

basically

your

first

contact

with

the

paperwork

for

that

site

occurred

during

file

review

March

2009?

That’s

correct.

And

what

was

the

purpose

your

doing

that

file

review

that

date?

have

queue

that

off

that

tells

121

Keefe

Reporting

Company

what

reports

are

due

for

review,

and

was

—— that

was

the

line

for

review

the

45—day

report

addendum.

Because

that

was

first

interaction

with

this

incident,

first

response

would

back

and

check

the

file

and

make

sure

that

there

isn’t

anything

that

report

that

would

require

review,

in reviewing

that,

I found

that

the

45-day

report

had

been

submitted

earlier,

had

been

selected

for

non—review

until

such

time

other

information

had

been

submitted,

and at

that

point

went

back

and

reviewed

the

45-day

report.

Because

basically,

the

45-day

report

addendum

was

the

further

information

that

had

been

foreseen

with

the

that

later

review

letter;

that

correct?

Correct.

And

when

you

were

reviewing

the

45-day

report

and

the

45-day

report

addendum,

what

particular

points

items

were

you

looking

for?

I’m

looking

-— Basically,

our

program

qualitatively

and

quantitatively

organized.

have

the progression

from

the

beginning

the

site

through

the

end

show

that

work

has

been

done,

that

it’s

actually

cleaned

up or

released,

and

that

when

we’re

122

Keefe

Reporting

Company

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subject

to the LUST regulations.

There was

an additional

paragraph

that said

because there

was

no confirmation

release that

could

verify,

that we really

didn’t

have the jurisdiction

to continue

further

with

reviewing

the incident,

didn’t

submit

a letter in

response

the

request for

no further

action.

Now,

there has

been reference

to the wall,

floor and

piping

samples. I think

they

appear on

page 51.

I think

you

reference those

also.

Now, those

did not exceed

the

applicable

objectives,

correct?

They

exceeded

detection

limits, but

they

did

not

exceed the contaminant

levels

that would

require

corrective

action.

And--

Had they

done the

tank

pull

first and

taking

those samples,

there would

have

been

——

it wouldn’t have

been —— the

fire marshal

wouldn’t

even have

required it

to be

released,

I don’t believe.

Now,

just to clarify,

though,

what --

page 51, what

those

samples show is

that this

is what’s

still left out

there

and

it’s not

above the cleanup

objectives.

Correct.

Now,

there’s

also been discussion

concerning

125

Keefe Reporting

Company

the

eligibility

and

determination

letter?

Correct.

And

right

that

you received

that

after

the

issuance

the

March 9,

2009,

letter?

That’s

true.

Mr.

Herlacher

called

me to

inquire

about the

non—LUST

determination

letter

and

had

made

reference

we’re eligible,

and I

—— we didn’t

have

that in

file,

we didn’t

have

it in

our possession,

asked him

he had

received

it, and

I believe

had

not

received

too

much

earlier

than

that,

so I

said, could

you

send

that,

and

the

same

time

asked

he by chance

had

the field

inspector’s

log

removal,

and he

did,

and I

requested

that

be faxed

as well.

Now,

for purposes

the transcript,

the

eligibility

and determination

letter

appears

page

and 90.

I mean,

you’re

familiar

with

that

letter,

correct?

Yes.

And

just as

overview

from

your

experience

agency project

manager,

what,

if any,

significance

to the

types

review

you

do does

that letter

have?

That

letter

has

only one

purpose

for

us, and

that’s to

show

that when

they’re

doing

corrective

action

126

Keefe

Reporting

Company

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laboratory

analyses

tell

that

we’re

proceeding

through

the

process

corrective

action

the

point

where

when

we’re

done,

have

either

reached

those

TACO

tier

objectives

have

they

recalculated

using

the

TACO

equations

get

site—specific

objectives

and

have

they

complied

with

those.

it’s

—-

qualitative

and

quantitatively

driven,

and

date

haven’t

received

anything

this

site

that

would

meet

those

criteria

say

we’ve

got

release.

MR.

RICHARDSON:

have

further

questions

this

witness.

HEARING

OFFICER

WEBB:

Okay.

Thank

you.

Mr.

Dwyer

Miss

Rios?

MR.

DWYER:

Thank

you.

Thanks.

CROSS

EXAMINATION

MR.

DWYER:

Mr.

Gaydosh,

you

know,

I’ll

try

efficient

with

our

time

here.

Maybe

can,

you

know,

cut

pretty

quickly

the

issues

here.

understood

your

testimony

——

and

please

correct

——

you

reviewed

the

45-day

report

and

determined

that

the

evidence

that

report

release

which

was

and

tell

I’m

wrong

——

the

hand—augered

boring

January

18,

the

——

Mr.

Herlacher’s

visual

observation

the

soils

128

Keefe

Reporting

Company

took

out,

his olfactory

observation

and

the

use

of the

PID

meter

that

was

the

evidence

that

you

had in

the

45-day

report.

that

fair

statement?

Correct.

Okay.

And

just

I understand,

after

reviewing

the

report,

your

determination

was

that

was

not

sufficient

evidence

to document

demonstrate

confirmation

of a

release.

Correct.

Okay.

Now,

let

ask

you

further

question.

Based

upon

your

experience

with

the

program

and

with

the Part

734

regulations,

your

opinion,

there

difference

between

confirming

release

and

closing

out

site?

Oh,

most

definitely.

Okay.

Tell

the

best

you

can

what

you

consider

the

difference

between

the

process

of confirming

release

and

the

process

information

you

need

out

site.

Based

on the

information

that

we’ve

received,

not only

through

the

regulations

through

working

with

this

for

16 years

but

also

through

periodic

section

meetings that

we’ve

had

that

have

included

members

the Office

of the

State

Fire

Marshal,

129

Keefe

Reporting

company

understand a

release

can

confirmed

one of

two

ways.

you’re

site

and

Office

of the

State

Fire

Marshal

says,

there’s

evidence

here

that

I have

observed

that

require

you

call

this

and

report

release,

that’s

done

deal,

but

that

not

present or

the

fire

marshal

says

there

isn’t

release,

then

normally

look

for

laboratory

analysis

confirm

the

presence

contaminants above

tier

objectives.

Okay.

And

let’s

talk

about

this

site

particular.

the

time

that

you

reviewed

the

45-day

report

the

record,

did

you have

the

OSFM’s

log

removal?

No.

Okay.

just

we’re

clear,

that’s

not

information

you

relied

upon

to make

your

decision

that’s

reflected

the

March

letter.

That’s

correct.

Okay.

Now,

the second

method

you

referenced

that

apparently

based

upon

the

policies

the

Agency

and the

OSFM

about

confirming

release,

and

just

want

make

sure

I’m

clear.

Your

understanding

that

the

second

method,

it’s

not

going

be via

the

storage

tank

safety

specialist’s

log,

would

take

sample

and

have

analyzed

a lab.

130

Keefe

Reporting

company

would

say

that’s

what

look

for,

and

would

say

that’s

what

part

the

regulations

state.

Okay.

And

that’s

really

what

want

get

to,

because

——

you

know,

maybe

just

end

disagreeing,

but

want

show

you

again

what

will

represent

you

copy

Part

734,

and

particular

it’s

Section

115,

and

just

would

ask

you

look

the

definitions

there

for

“confirmation

release”

and

“confirmed

release.”

Okay.

Would

you

agree

with

that

those

regulations

say

that

order

confirm

release

under

Part

734,

someone

has

comply

with

the

regulations

the

fire

marshal?

Yes.

Okay.

And

those

regulations

deal

with

confirming

release,

not

closing

out

site.

Correct.

Okay.

And

have

dispute

that

order

out

site

under

the

LUST

program,

owner/operator

has

submit

laboratory—analyzed

data

that

demonstrates

they

either

meet

one

the

closure

levels

that

are

required

the

Agency,

and

you

couldn’t

give

them

closure

approval

further

131

Keefe

Reporting

Company

remediation

without

any

analytical

data.

Correct.

Okay.

But

with

respect

confirming

release,

would

you

agree

that’s

sort

step

before

you

ever

get

to closure?

That

correct.

Okay.

And,

you

know,

our

discussion

indicates,

734.115

contains

definitions

that

specifically

say

confirmation

release

confirmed

release

done

by using

the

fire

marshal’s

regulations.

That’s

correct.

And

I think

you

were

here

earlier

for

the

testimony,

I’m

going

ask

you

to bear

with

me,

and

let’s

go back

petitioner’s

earlier

exhibits,

which

are

Petitioner’s

Exhibits

and

Petitioner’s

Exhibits

Exhibit

5, and

here’s

just

what

I want

to understand.

Can

you

show

me or

tell

where

——

well,

let

me ask

you

this

question:

Would

you

agree

that

those

regulations

pertain

release

confirmation

LUST

sites;

for

example,

the

site

we’re

talking

about

today?

And

please

take

your

time

look

those.

Thank

you.

Okay.

Well,

can

start

saying

in 170.560,

“Reporting

Suspected

Releases,”

they

give

examples

such

the

presence

free

product

132

Keefe

Reporting

Company

vapors

soils,

basements,

sewers,

utility

lines

nearby

surface

water.

That’s

pretty

arbitrary.

don’t

I’m

not

sure

where

with

that

one.

Okay.

Well,

let

just

ask

you

this

question

with

respect

In the

second

one

ahead,

please.

Okay.

Let

just

ask

you

with

respect

Petitioner’s

Exhibit

that

section

the

fire

marshal’s

regulations,

does

anywhere

there

say

laboratory

analysis

required

confirm

suspected

release?

Not

this

particular

document.

Okay.

Now,

let’s

talk

about

Petitioner’s

Exhibit

5, which

again

section

of the

fire

marshal’s

regulations,

170.580,

and

just

want

make

sure

you

get

chance

look

that.

Okay.

Now,

looking

that

document,

can

you

tell

me,

Mr.

Gaydosh,

does

——

you see

anywhere

there

——

and

just

for

the

record,

that

subsection

titled

“Release

Investigation

Reporting,

Site

Assessment

and

Initial

Response.”

Does

that

appear

accurate?

Yes.

With

respect

Petitioner’s

Exhibit

can

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they

said

they

used

PID.

Okay.

However,

required

the

regulations,

they

didn’t

bother

tell

what

the

PID

readings

were.

Okay.

And

that’s

fine.

Can

you

tell

where

requires

that

they

provide

the

PID

meter

readings?

don’t

believe

you

have

that

there.

Okay.

Can

you

Well,

can

you

tell

where

Can

have

the

regulations,

please?

important

understand

that

all

734

needs

complied

with,

and

this

something

that

searched

through

and found

this,

we go

Section

734,

Subpart

“Miscellaneous Provisions.”

Section

400

——

734.400

general

states,

“This

Subpart

applies

all

activities

conducted

under

this

part

and

all

plans,

budgets,

reports

and

other

documents

submitted

under

this

report”

——

“under

this

part.”

indicates

what

the indicator

contaminants

for

gasoline

are.

states

that

you

conduct

soil

borings,

in 734.425,

that

soil

boring

logs

must

kept.

Those

were

never

submitted.

Okay.

And

just

so I’m

clear

here,

you

would

then

it’s

your

opinion

that

language

135

Keefe

Reporting

company

included

this

definition

confirmation

of release.

This

included

in my

review

of anything

that

comes

to me

under

Subpart

Section

734.

Okay.

And

basically,

when

they’re

talking

about

measuring

and

test

results,

I have

to go

back

and

look

other

regulations

that

I use

determine

what

measurement

and what

test

result

is.

Section

734.425,

“Soil

Borings,”

under

item

(c),

number

says

petroleum

hydrocarbon

vapor

readings

are to

included

as part

your

soil

borings,

you

used

PID,

you

should

have

included

the

numbers.

let

just

ask

you

hypothetically,

the

45-day

report

and/or

the

45-day

addendum

had

included

the

actual

PID

meter

reading,

would

that

have

been

satisfactory?

Most

likely

would

have

said,

want

you

and

take

boring

and

give

data.

Okay.

the

PID

meter

plus

the

actual

reading

would

not

deemed

sufficient.

The

PID

reading,

as we’ve

always

considered,

field

screening

device,

and

that’s

it.

Okay.

But,

well,

then

your

opinion

that

the

PID

meter

not

a measurement

method

that

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No.

there’s

fire

marshal

present

that

says

it’s

release

and

reports

it,

then

there’s

not.

the

fire

marshal’s

log

says

there

was

release,

then

that

ends

your

inquiry.

Correct.

Okay.

And

the

fire

marshal’s

log

says

release,

then

does

owner/operator

that

site

need

submit

laboratory

analysis

document

confirmed

release?

think

they

need

submit

something.

Well,

but

I’m

asking

you,

they

need

submit

laboratory

analysis?

That’s

probably

for

management

decide

that.

What

I’m

saying

nothing

has

ever

been

submitted

that

supports

anything.

But

we’ll

just

ask

for

your

opinion.

I’m

going

guidance

until

now.

Unwritten,

some

just

instructed,

the

idea

that

there

has

some

kind

proof

release.

can

the

corner

gas

station

while

somebody

filling

gas

and

smell

gas.

Okay.

But

it’s

But

we’re

down

here

really

and

that’s

what

want

isolate

your

opinion

based

upon

your

review

the

regulations

and

138

Keefe

Reporting

company

your

experience

that

the

PID

meter

readings

are

not

sufficient

measurement

method

confirm

release.

I’m

just

asking

you

that’s

your

opinion.

What

will

say

for

this

particular

site

and

for

this

particular

incident,

don’t

have

PID

readings,

doesn’t

matter.

It’s

irrelevant.

Okay.

They

never

submitted

any

PID

readings.

Okay.

But

want

make

sure

understand.

your

opinion

that

those

would

required?

Not

necessarily.

Okay.

Then

opinion

I’m

going

with

only

what

have

information,

and

there’s

nothing

been

submitted

that

supports

release.

That’s

what

want

understand,

what

the

information

that

you

believe

necessary

under

the

regulations

document

confirm

release?

And

understand

either

the

fire

marshal

the

first

one

the

fire

marshal’s

log

says

there’s

release,

but

that

the

fire

marshal’s

log

says

apparent

release,

then

what

information,

your

opinion

and

experience,

must

owner/operator

submit

confirm

release?

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one PID reading,

don’t know.

If they

had

some

readings

that showed

something,

they

might have,

but nothing

has

been ever

submitted.

(By Mr.

Dwyer) Okay.

And again,

I just

want to confirm,

your

opinion

that laboratory

analysis

is required

confirm a

release

from

a LUST?

It’s my

opinion

that

a measurement

something

is required.

Okay.

A measurement

of something,

and

just -- let’s

just take

that

step further.

They

submitted

a report

that said

PID

measurements

were taken.

——

Let’s just

stop there.

I want

make

sure.

your opinion,

is that

adequate

inadequate

to confirm

release?

That’s

inadequate.

Okay.

And what

information

beyond the

statement

that PID

readings were

taken would

be necessary

for

you to accept

that

as a confirmed

release?

Well,

first

of all,

just

some PID

readings.

Okay.

Anything.

Something.

Okay.

So I just want

to make

sure

that

understand

two

things;

one, that

the regulations

again,

I’m asking

you with

respect

to 170.560

and

141

Keefe

Reporting Company

170.580.

they

anywhere

explicitly

state

laboratory

analysis

required

confirm

release?

Not

what

you

have

here.

Okay.

Are

you

aware

other

regulations

that

may

apply?

Not

from

fire

marshal

regulations.

Okay.

But

the

regulations

we’ve

talked

about,

170.560

and

170.580,

talk

about

under

the

“Site

Assessment”

section

requiring

measurement

method,

and

just

understand

your

testimony,

simply

submitting

evidence

that

PID

meter

was

used

measure

vapors

wasn’t

sufficient

this

site

because

you

didn’t

have

readings

from

them.

Right.

Okay.

The

other

two

things

just

want

cover,

Mr.

Gaydosh,

you

referenced

earlier

your

testimony

some

provisions

from

Part

734,

and

the

thing

want

ask

you

about

is,

directing

your

attention

the

March

letter,

which

think

ought

know

this

heart

page

110

and

111

the

record,

that

letter,

did

you

reference

the

owner/operator’s

failure

comply

with

those

regulations?

just

used

the

standard

language

that

was

the

letter.

142

Keefe

Reporting

Company

Okay.

And

again,

just

confirm,

that

letter

doesn’t

contain

any

reference

failure

comply

with

734.210.

Correct.

And

doesn’t

reference

failure

comply

with

fire

marshal

regulations

170.560

or 580.

don’t

reference

those.

That

would

come

from

the

fire

marshal.

But

you

would

agree

that

Part

734--

They

are

not

here.

You

would

agree

the

Part

734

regulations,

the

definitions

specifically

require

that

release

confirmed

complying

with

the

fire

marshal

regulations.

Correct.

Okay.

But

those

are

not

referenced

the

March

letter.

That’s

correct.

there

any

particular

reason

why

the

letter

didn’t

provide

explanation

about

why

this

was

being

rejected

and

treated

a non-LUST

incident?

Not

particularly.

Okay.

But

you

would

you agree

that

subsequent

issuing

the

letter,

you

had

discussions

with

the consultant

for

the

owner/operator

about

reasons

143

Keefe

Reporting

company

why

the

report

was

rejected?

Rephrase

that,

please.

Okay.

Would

you agree

that

subsequent

the

letter

being

issued

March

9, 2009,

you had

conversations with

the

consultant

for

the owner/operator?

After

I issued

the

letter,

I did

have

consultant

——

And

in those

discussions,

did

you

identify

specific

provisions

the

regulations

that

you

didn’t

believe

were

complied

with?

spoke

with

him

and

spoke

with

my manager,

and

-—

I don’t

know

offhand

gave

him

a specific

quotation

not.

Okay.

you

sit

here,

you

don’t

recall

whether

or not

you

referenced

734.210

of the

regulations

during

the

I’m

sure

we did

reference

734.210,

and

that

also

refers

the

concept

measurement.

MR.

DWYER:

Okay.

think

that

Could

just

have

two

minutes?

HEARING

OFFICER

WEBB:

Sure.

(Off

the

record.)

(By

Mr.

Dwyer)

Other

than

Now,

you

mentioned

a couple

places

——

and I

apologize

——

hate

144

Keefe

Reporting

company

have

her read

back

——

but

couple

of miscellaneous

provisions

that

you

referenced

being

applicable

here?

Subpart

All

Subpart

Basically,

there’s

five

six references

that

talk

about

what

type

information

is required

that

pertains

entire

Section

734.

Let me

ask

you

this,

because

confess

that

I don’t

know

that

portion

verbatim,

but

that

section,

Subpart

that

you’re

referring

to,

does

that

section

specify

anywhere

that

confirm

release,

laboratory

analysis

required?

doesn’t

address

that.

Okay.

It’s

——

talks

about

what

types

analysis

you

use and,

you

use

a specific

type

analysis,

what

kind

information

is required.

Okay.

just

want

cover

two

things

with

you.

we look

the

record,

Mr.

Gaydosh,

and

particular

the

addendum,

the

45-day

report

addendum

Page?

You

know

what?

soon

find

it,

I’ll

tell

you.

Page

51.

Now,

you

talked

some

about

this

with

Mr.

Richardson.

just

want

make

sure

I understand.

145

Keefe

Reporting

Company

you

agree

that

this

table

appears

reflect

laboratory

analysis

soil

samples

taken

the

site?

Yes.

Okay.

And

would

you

agree

that

least

one

the

analytic

results

indicates

the

presence

what

‘ye

talked

about

the

indicator

contaminants

soils

the

site

that

were

above

the

detection

limit?

Above

detection

limits,

yes.

Okay.

And

that

not

adequate

information

demonstrate

that

release

appeared

there,

your

opinion?

No.

Okay.

Tell

why,

you

would.

we’re

looking

for

——

specifically

for

contaminants

——

because

there’s

lot

sites

that

have

contamination

that’s

left.

We’re

looking

not

detection

limits.

Detection

limits

tell

what

the

equipment

uses

able

recognize

that

particular

contaminant.

What

we’re

looking

the

tiered

approach

corrective

action

objectives,

tier

either

residential

commercial

——

industrial/commercial

list.

There’s

nothing

here

—-

investigation

was

done

and

they

did

borings

all

around

the

excavation

and

anywhere

they

could

possibly

find

and

they

gave

these

146

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Okay.

But

I want

make

sure

understand

here,

though.

Then

this

requirement

for

a comparison,

that

in the

regulations?

It’s

common

sense.

we’re

submitting

report

requesting

closure

and

you

have

closure

samples,

have

be able

compare

something

prior

to that

to say

did

actually

accomplish

anything.

Okay.

And the

evidence

well,

the

just

we’re

clear

here,

this

information

this

table

page

All

can

say is

didn’t

help

either

way.

And

didn’t

help

because

didn’t

show

concentrations

above

the

tier

levels.

this

point,

yes.

Okay.

Now,

had

shown

let’s

just

say

this

table

page

051

the

45-day

report

addendum

had

shown

any

of the

contaminants

above

the

tier

levels,

in your

opinion,

what

would

that

mean?

There’s

several

things.

——

And

all

depends

how they

would

have

approached

it.

they

submitted

this

table

for

closure

stating

that

they

were

using

pavement

institutional

control,

engineered

barrier,

and that

—— and

closed

off

that

pathway

exposure,

then

could

very

well

have

closed

it.

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and

that’s

really

what

I want

get

okay.

And

that’s

this

the

important

part.

There

are

two

steps

there.

You

said

that

you

didn’t

have

evidence

sufficient

determine

release

occurred,

and

then

you said

you

didn’t

have

evidence

sufficient

determine

that

there

was a

release

above

tier

1, and

what

want

to make

sure

understand

here

is,

your

——

and

I’m

just

trying

understand

your

interpretation

and

application

the

regulations,

and

understand

correctly,

that

you

would

need

evidence

that

there

was

indicator

contaminant

the

site

above

tier

document

that

there

had

been

a confirmed

release.

opinion

that

you

can’t

clean

site

that

isn’t

dirty.

Okay.

And

then

get

into

definitions.

Okay.

your

definition

dirty

that

has

have

contamination

least

above

tier

That

would

make

sense

me.

that

your

interpretation?

That

would

make

sense

to me.

Well

I’m

not

interpreting

——

okay.

Let

ask

you,

your

opinion

that

150

Keefe

Reporting

Company

needs

to have

contamination

above

tier

1, in

your

eyes,

to be

site

with

confirmed

release?

Fine.

I will

say

yes.

Okay.

And

this

data

table

page

does

not

have

evidence

an exceedance

of a

tier

standard.

Correct.

Okay.

I mean,

how

do you

understand

that

owner/operator

would

out

site

after

excavating

soils?

What

that

whole

process?

Did

site

contaminated.

What

happens then?

MR.

RICHARDSON:

I’m

going

object.

mean,

I think

we’ve

covered

what’s

relevant

here.

Now

seem

getting

into

hypotheses

and

that,

but

don’t

know

what

the

relevance

is.

HEARING

OFFICER

WEBB:

Well,

MR.

DWYER:

He’s

got

15 -—

HEARING

OFFICER

WEBB:

don’t

know

until

asks,

guess.

MR.

DWYER:

He’s

got

years

in the

program.

I think

he’s

perfectly

capable

talking

about

how

the

progress

goes.

MR.

RICHARDSON:

Well,

I agree,

but

I don’t

know,

are we

talking

about

generic?

mean,

just

don’t

151

Keefe

Reporting

Company

know.

(By Mr.

Dwyer)

Why

does an

owner/operator

excavate

soils

at a site?

All

I can

—- There’s

lot

reasons

for

excavating

soils.

There’s

lot

of reasons

for

taking

out

tanks.

They’re

not

all ——

not

necessarily

connected

the leaking

underground

storage

tank

program.

Well,

you

have

contamination

above the

tier

levels

in soils

and

you can’t

use

an institutional

control,

what

do you

with

those

soils?

You

dig them

up and

you

make

sure

that

they’re

disposed

of properly.

And

would

you agree

that in

order to

out

the

site

doing source

removal,

soil

removal,

you

would

have

to provide

analytic

results

the Agency

that

show

that

you’re

meeting

in this

case the

tier 1

standards?

There’s

two

parts

there.

they’re

removing

clean

overburden,

don’t

pay for

that

removed

if it

isn’t sampled

and

isn’t

shown

contaminated.

Okay.

you’re

taking

out the

soil

from

below the

top

the

tanks

to the

bottom

the

tanks

or wherever

152

Keefe

Reporting

Company

you

go and

is contaminated,

ask that

they

show

proof

that

it’s

contaminated

that

pay

for

the

removal,

because

we’re

not

going

pay

to remove

clean

soil.

Okay.

I’ll

try

make

this

simple.

your

experience,

——

when

soil

contaminated,

likely

to be

less

contaminated

further

away

from

the

tank

the

line?

That’s

site

specific,

depending

upon

hydraulics, geology.

There’s

lot

different

things.

MR.

DWYER:

Okay.

I don’t

think

we have

anything

further.

HEARING

OFFICER

WEBB:

Mr.

Richardson?

MR.

RICHARDSON:

I have

further

questions.

HEARING

OFFICER WEBB:

Okay.

Thank

you,

Mr.

Gaydosh.

MR.

DWYER:

Thank

you,

Mr.

Gaydosh.

THE

WITNESS:

You’re

welcome.

HEARING

OFFICER

WEBB:

L,et’s

go off

the

record

for

a minute

here.

(Discussion

held

off the

record.)

HEARING

OFFICER

WEBB:

We’ll

back

the

record.

Mr.

Richardson,

did you

have

anything

further

153

Keefe

Reporting

company

present

the

Board?

MR.

RICHARDSON:

No.

The

respondent

rests.

HEARING

OFFICER

WEBB:

Okay.

The

transcript

due

September

and

will

posted

the

Board’s

web

site.

The

public

comment

deadline

October

12.

Any

public

comment

must

filed

accordance

with

Section

101.628

the

Board’s

procedural

rules.

The

petitioner’s

brief

due

October

and

respondent’s

brief

due

November

23.

The

mailbox

rule

will

not

apply,

and

the

parties

file

electronically,

the

briefs

must

filed

4:30

p.m.

the

due

date.

there’s

any

problem

with

electronic

filing,

authorize

the

briefs

filed

fax.

Would

the

petitioner

make

any

closing

arguments?

MR.

DWYER:

No,

Your

Honor.

HEARING

OFFICER

WEBB:

Mr.

Richardson,

would

you

make

any

closing

arguments?

MR.

RICHARDSON:

No.

HEARING

OFFICER

WEBB:

Okay.

I’ll

again

note

for

the

record

that

there

are

members

the

public

present

give

any

comment.

will

further

add

that

find

all

the

witnesses

testifying

today

credible.

this

time

will

conclude

the

proceedings.

stand

adjourned,

and

thank

you

all

for

your

154

Keefe

Reporting

Company

participation.

MR.

DWYER:

Thank

you.

MR.

RICHARDSON:

Thank

you.

(Hearing

adjourned.)

155

Keefe Reporting

Company

STATE

OF ILLINOIS

COUNTY

BOND

KAREN

WAUGH,

Notary

Public

and

Certified

Shorthand

Reporter

and

for

the

County

Bond,

State

Illinois,

HEREBY

CERTIFY

that

I was

present

the

office

the

Illinois

Pollution

Control

Board,

Springfield,

Illinois,

September

16,

2009,

and

did

record

the

aforesaid

Hearing;

that

same

was

taken

down

shorthand

and

afterwards

transcribed,

and

that

the

above

and

foregoing

true

and

correct

transcript

said

Hearing.

WITNESS

WHEREOF

have

hereunto

set

hand

and

affixed

Notarial

Seal

this

25th

day

September,

2009.

mrniE

012

Notary

Public---CSR

#084—003688

156

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Reporting

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126:12

140:3,7

36:13

39:10

40:10

70:18

122:22

137:6

154:1

156:7

108:23

127:18

asking 138:11

139:3

41:11,18,23

42:1,3

begins

33:12

61:21

Board’s

6:1,2

calibration

93:24

141:24

42:23

48:18

50:2

behalf

2:7,13

6:5,9

149:15

154:4,7

call

14:8,9

28:3

39:8

asks

151:19

57:15

59:10

61:19

14:22

30:2

91:1

bodies

113:18

42:1,23

49:23

75:5

asphalt2o:1921:7

62:1564:765:1

120:9

BondlS6:2,5

86:1,1389:19

81:2

66:20

75:13

78:8

being

11:1145:20

boring2l:20

32:13

90:14,15

120:1,3

assess

5:22

89:9,17

95:17

50:11

57:14

68:8

32:24

60:19

81:2

130:4

assessment

9:3

20:5

105:15

112:5,13

80:22

103:23

128:23

135:21

called

10:24

17:16

28:3 56:14,19,21

112:20

119:23

104:12

109:7

136:18

38:13,21

39:9

60:3 68:17,19

122:4,10

132:14

113:1 115:15

borings

135:21

41:18

42:3 49:13

69:17,22

70:3

136:6

145:1

143:20

144:4

136:9,11

146:23

51:6

64:23

68:18

71:13,20

83:21

153:23

145:2

boss4l:21

126:5

133:21

134:8

backfill

20:22

28:15

believe

9:7,24 17:21

both

9:12

53:10

calling

10:7

142:9

40:2,4,7,17

57:4

33:12 39:20

41:23

99:13,15,16

calls

36:19

assessments

16:1

58:18,19,22

60:20

46:11 52:16

55:23

109:14

140:11

came

28:9

63:1

66:7

58:12

93:4

81:19

98:3,8

99:17

74:19

75:2

77:17

bother

135:4

124:15

assigned

121:14

103:17

104:9,23

81:12

88:17

96:16

bottom

32:14

48:3

canopies

18:21

assist

12:4

backfilled59:6,7

97:18

108:10

59:4 152:24

capability

96:8

assistance

11:9,18

background

16:12

114:17

115:23

break

48:23

capable

25:8

151:21

11:24

92:695:9

102:22

118:24

119:1

breaker2l:9

capss5:13

Assistant

2:11

103:3

125:18

126:9

breaking

81:1

Carbondale

121:2

associate

91:15,17

bad 111:18

135:8 139:17

breaks

87:2

career

92:20

120:23

bag22:724:3,5,8,9

144:10

brief78:6107:18

Caroll:125:4

Associates

8:7 9:11

26:14

27:5

75:9,9

believed

36:24

154:8,9

case

5:11

12:1,11

15:7,1391:10

112:4

51:1175:1076:12

brieflyl5:2216:8

50:1159:668:22

Association92:15

baggie22:13,19

Belleville

1:18

16:11

18:9 29:13

72:12

74:14

assume

147:5

25:16

26:2

below

22:5

55:12

67:11

120:20

112:13

120:1

atmosphere26:1

bagging

112:10

58:16

63:23

66:24

121:6

127:8

152:16

107:3

bags

108:18

112:5

81:5

105:6

106:12

briefs

154:10,13

cases

86:21

attention

30:8 31:3

barrier

148:23

106:17

152:23

bring 108:16

catch

106:16

31:24

32:7

33:10

based28:16

58:10

beneath

101:17

broke20:19

category66:1

35:15,19

36:13

59:20

60:23

65:19

benefit

10:14,24

brought

21:12,13

106:22

40:10

43:10

46:2

67:1

82:21

89:6

11:3

147:14

brown

81:11

102:12

caught

123:14

52:20

53:7 55:3,11

93:11

94:18

98:6

benzene23:11

63:13

BS 121:1

cause57:3

102:11

56:5,16

57:18

98:14

99:18

64:17 65:3,22

BTEX93:19,22

center

101:16,20,20

61:18 71:22

76:8

100:18

102:8

besides

10:9

bucket

21:10,16,23

101:21,22

115:14

123:6

142:18

103:7

124:22

best

18:23 50:5

51:4

108:16,17

certain

23:23

44:17

attorney

12:4

41:16

129:11,20

130:19

129:16

bucketful

108:14

81:20

86:21 88:9

Attorneys

2:5

138:24

149:9,23

better 9:17

buckets2l:13

89:16

106:11,12

audibly

25:23 27:8

basements

133:1

between

16:3 20:20

Bud

76:6

certainly

51:2

auger

20:21

83:15

bases 50:13

20:22 59:8

77:6

budget

35:23

36:9

certificate

92:18

augering2l:4

basically

110:22

79:24

92:23

104:3

36:11

37:17

certification92:13

auger’s

21:10

114:8,11,14

129:13,17

budgets

86:22

127:1

92:19

107:23

authorize

154:12

121:18

122:12,20

beyond

141:16

135:17

certifications

16:18

automatically

86:3

124:4,7,2

1 134:22

big

59:2

building

18:2

92:9

123:20

86:20

136:5

140:19

Bill

51:7

71:4

Bureau

17:12

certified

45:6

87:17

Avenue

1:11

2:6,12

145:5

149:6

billing

127:1

120:16

92:12,14,16

156:4

aware

12:10

18:24

bear 132:13

bit

17:3 18:15

24:6

busiuess27:21

CERTIFY

156:6

48:12

79:22

83:17

become

18:10,24

92:8

149:2

74:11

91:24

challenge

119:9

107:10

110:9,13

before

1:11

19:23

blank

107:22

busted2l:9

chance59:17

126:12

119:8

142:4

27:11 31:10,15

blocking

115:20

b(1)36:3

133:16

Keefe

Reporting

Company

change75:13

closure67:2

83:19

comply60:11

40:16

53:9,10,14

100:15

103:16

102:11

140:13

110:5 124:7

131:13

142:22

54:19 57:9 59:23

104:23

109:6,8

changed

20:9

51:20

131:23,24

132:5

143:3,5

60:5,15

61:6 88:17

127:23 147:16

80:7

112:14

147:10,18

148:5,5

complying

143:13

124:3

125:2 129:8

149:19,21

151:11

Chappel42:15,16

148:21

composed8:8,129:4

131:8 132:9,19

152:21

153:1,2,6,7

49:13,2350:651:5

Code8:10,14,18,21

75:18

136:1

contamination

67:6 79:3

124:15

8:24 37:23

40:13

compound23:18

confirmed

33:16

18:14

20:23 21:22

characteristic

96:1

52:14,20 53:2,16

82:17

106:12,21

53:9,20 55:9

57:21

25:20

26:11

28:15

105:8

53:22

55:2 57:16

compounds23:9,12

130:1 131:9

132:9

32:6 40:4,7

46:12

check

20:3

22:1

59:12

60:10

78:18

23:19

26:4 82:16

137:22

138:8

46:21

51:15

55:8

38:22 40:6

42:20

78:19

93:18

94:15

141:18

143:13

56:23

58:14

62:20

45:19

80:13

106:5

collect7l:2

101:7

102:10

103:4

147:17

150:12

65:11 74:20

80:6

122:5

107:11

108:7,13

106:10

151:2

80:14

82:21 83:2,6

checked

20:22

45:10

112:3

concentration

27:3

confirming

39:19

88:20

94:20 95:2

46:8 50:2

116:6

collected 19:23

concentrations

129:13,17

130:20

95:10 96:1

103:1,6

checking2l:21,24

26:1440:3

62:14

93:17

148:13

131:17132:3

105:9107:6111:9

chemical7l:9

82:13

63:2

69:15

70:3,24

concept

144:18

conjunction

95:22

112:24 115:8

chemicals23:22,23

108:9,11

116:6,10

concern

10:13 11:4

connected

152:6

123:22

124:11,17

63:11,16

64:17,22

collecting

28:2

12:13

18:12 63:9

connection

113:6

127:6,19,22

65:4,23 66:3,16,22

39:22 65:10

108:4

65:9 149:11

consider 57:2

65:21

134:10

137:16

chemistry

92:11

collection

63:6

concerned

47:15

93:12 129:17

146:16 149:1,4,24

chief49:16

college

120:21,24

149:16

134:16

150:18 151:1

chitchat

111:16

color 22:4

81:8,9

concerning

125:24

considered

136:21

152:8

chooses

11:2

102:11

conclude

154:23

consistent

27:14

content

22:12,20

chuck 112:7

column

46:14

63:7

conclusion

28:11

61:1

23:2

26:4

82:24

circumstances

10:14

coLumns

44:17 63:8

36:19

89:20

consists

8:16

continue

62:24

cited38:3

69:10

124:16

consolidated

1:65:6

78:11 125:4

Clair

5:10,17

combination

23:18

conclusions

110:5

consultant

50:19

continuing

9:8

clarification

19:14

come7:15

14:12

conclusively77:19

90:2

92:14,21

contractor45:6,11

84:2 101:24

22:17

28:5

47:13

concrete20:1921:4

143:24

144:5,7

68:15,1887:18,20

116:21

66:968:1289:9,17

21:681:2

consultants22:15

97:5,6

clarified

140:5

95:17 140:24

condition

71:19

28:7 121:11

contradicted

140:16

clarify 10:20

19:11

143:7

conditions

62:5

consulting 15:24

contrast

10:23

42:843:2366:19

comesl36:3

70:2371:14

79:1591:24

controLl:1,115:19

73:15

87:13 114:1

coming

22:11 51:19

109:10

110:8

contact

28:21

29:5

6:17 52:8 148:22

125:19

98:18149:4

conduct5:2020:4

121:19

149:15152:10

clay 127:24

commencing96:18

55:1 68:19

69:16

contacted

19:8,10

156:7

clean 109:10

110:8

comment

154:5,6,21

86:17

107:9

19:21

47:17

80:5

convenience

18:17

147:18 150:13

commentslll:16

135:21

87:12

18:22

67:15

152:19

153:3

commercial

146:21

conducted

6:1

24:14

contain 22:17

36:1

conversation

38:22

cleaned

122:24

common

82:7 148:4

25:16

28:10

68:1

38:2

46:7

53:8

39:14

40:19,20,24

cleanup

51:16

63:23

149:18

68:18 89:23

59:22

62:4

70:22

41:6

50:3,8 52:6

89:10,17

124:12

communications

135:17

143:2

75:4

124:17

125:21

49:5,11

83:22

conducting

56:14

contained

23:10,20

conversations

34:22

147:23

company

1:17 15:10

85:12

53:4 56:2

94:16

111:14,19 144:5

clear

5:21

9:5

26:10

116:15

confer

11:11

124:7,23

Conversely

10:15

52:15 89:1,19

compare

147:23

confess

145:8

container

22:2

conveyed

50:19

130:14,21

135:23

148:6

confirm

7:11 17:24

contains

72:9 74:18

convinced

28:13

148:9

comparing

147:20

33:8

34:7,18 39:17

132:8

coordinator

47:18

clearly

74:19

75:10

comparison

148:2

46:17

48:5 51:8

contaminant

82:13

copies

9:7

client

18:11

20:7

compiled

109:15

52:1

54:24

55:20

83:10 89:14

123:2

copy

6:23 8:6,9,10

41:11

85:12

compiling

109:11

61:8,15 63:21

65:1

125:12 146:19

8:14,20,23,23

9:2

116:15

complaintll8:8

78:21

79:1,6

127:2

150:11

9:1017:1,1531:5

clock

115:9

complete

36:6,16

130:7

131:12

contaminants

63:9

43:4,5 47:14,22

83:19 115:23

37:11

90:3 91:20

133:10

134:2

65:9

95:18 99:21

48:6 54:1,8

59:11

129:19

131:20

completed2l:20

139:2,18,23

141:5

103:22

130:8

75:24

107:21,24

151:9

152:13

44:10 105:13

141:6,13

142:2

135:20 146:6,15

131:6

closed

148:23,24

119:24

143:1 145:11

147:6,7 148:17

corner

104:24 105:2

closing 129:14

complied 128:6

149:5,6,8,11,14

contaminated

22:3

105:6

115:19

131:17

154:14,17

135:13 144:10

confirmation

32:10

63:22

85:7

95:8

138:20

Keefe Reporting

Company

correct6:18,197:7

customary34:11

defined

53:13

18:11

19:11,13

31:23

35:16

37:2

18:4

26:17 44:5

95:20

definitely

65:24

30:2 31:19

43:24

43:14

44:8,16

46:3

46:2056:165:13

cutl28:19

129:15

79:2087:12

47:11,2248:6,15

70:20

72:5

81:15

cuts45:l1

definition

53:18

121:15

49:3

52:10

53:24

82:14

110:21

136:1

150:17

difference

129:13

54:12

66:2

67:13

114:12,21

118:1

definitions53:5,8

129:17

69:21

70:2

74:10

121:4,18,21

B 46:4,11

69:4,9

131:8

132:8

different

67:19

68:4

101:6

129:7

122:15,16

123:12

76:10 118:2

143:12

150:15

105:1

153:10

133:12,18

138:8

125:10,23

126:2

135:14,16

145:3,4

degree

16:13 92:11

difficult

46:2

139:18

150:12

126:18

128:20

145:10

95:10 103:3

dig

59:2

115:18

documentation

129:4,9

130:17

damage

113:18

112:24 120:23

147:22

152:11

44:21

131:18

132:2,6,11

dark8l:9

101:17,18

degrees

120:21

digging8l:18

documents6:16

138:5

143:4,14,17

darker

81:22

demonstrate63:24

direct3:2

14:23

30:849:4135:18

151:7

156:11

data

62:4,10

96:7

129:7

146:10

32:7

35:14,19

doing

22:15 23:16

corrective

77:14

131:21 132:1

demonstrated

75:10

43:10

46:1 52:19

27:24

45:6

79:23

86:16

90:5

96:19

136:18

137:9,10

149:20

53:6

56:5

61:18

80:3 85:1,4,14

125:13

126:24

137:23

151:4

demonstrates74:19

71:21

80:21

84:18

88:16 121:22

128:2

146:20

database

8:12

9:6

131:22

91:2

95:4

97:13

126:24

152:14

correctly

47:4

77:1,1

demonstration

25:6

99:5

115:7

120:10

dollars

78:23

150:10

date35:5

49:10

denies3l:20

directed7l:2

done52:17

53:14

correlate95:2

62:21

75:1 121:23

deny73:16

108:14

70:9 78:1,22

79:19

correlation

89:12

124:2

128:7

department42:21

directing

31:3,23

85:24 105:1

95:4

154:11

48:492:16,17

33:10

36:13

55:3

122:23

123:1

correspondence

dated35:1

110:4

55:1156:16

57:18

125:15

128:3

77:6 84:14

dates

96:14

120:22

depending

153:9

76:8 142:18

130:5

132:10

cost

86:16

day

20:18 27:10

depends

148:20

direction

98:18

146:22

147:21

costs77:14

28:129:539:1

depth57:4

directlylo6:19

dope54:6

counsel2:11,11

7:11

42:3

70:12 94:3

deputy49:16

director42:11

doubt

147:14

11:23

49:16,17

98:11,21,24

99:7,8

describe

7:21

8:2

dirt 105:2

down 20:21

21:11

52:11

100:2 101:1,8,12

15:21 17:421:3

dirty 150:14,17

21:14,17

45:10

count

27:23

103:11,15

104:6

28:11 81:7

121:6

disagreeing

131:5

46:2,248:2

55:4

County

5:10,18

104:14

105:11,17

described2l:5

34:8

disagrees

118:1

55:12

56:17

69:9

156:2,5

111:1,4

112:6,9,12

34:8

65:15 79:3

discoloration

22:2

90:11

98:5

99:2,14

couple

18:20 19:23

112:21

156:14

description

77:5

81:6 95:24

105:8

99:16

106:2

109:9

81:587:2,6,14

daysl9:2341:14

designated96:12

115:11

119:16134:17

89:8

144:24

145:1

55:20

102:13

despite

74:21

75:8

discovered

20:23

137:5

138:22

course7:16

9:17

110:20

111:22

77:14

32:5

124:2

156:9

71:16

74:10

92:20

deadline

5:18

154:5

details

111:13

discovering

39:19

downloaded

8:11

112:14

deal

8:2

17:11

80:17

detectable95:17

discuss

6:15

7:9,15

9:6

court

14:13

90:20

127:11

130:5

detection64:23

9:15,21

12:23

downward

101:21

120:6

131:16

125:11

127:8,9

13:18

dozens

58:10

cover

16:10

30:11

dealing 56:6

123:22

146:7,8,17,17

discussed

65:2

107:6

draw

30:7

43:15,17,2062:1

147:9

detector23:1

93:6

111:7

124:15

drawing4o:10

69:20

142:16

dealings

17:5

determination

5:15

discusses

32:5 56:21

117:13,14

145:18

deals68:4

126:1,6,16

129:6

discussion

15:15

drew48:17,18

covered

123:7

140:8

December

16:14

determine

77:19

50:5

51:4 78:15

drilled

60:19

151:13

19:2,4,5

95:20

106:6,24

125:24

132:7

driller

92:18

create

62:13

decide

36:21

88:20

110:6 136:7

150:4

153:22

drilling

21:4

credibility

5:22

138:14

150:6

discussions

42:19

driven

128:7

credible

154:23

decision

5:18,20

determined

46:8

67:6

79:2

107:16

Driver

2:4

6:7,10

criteria

128:8

24:23

41:17,20

127:3

128:21

111:9

143:23

drive-by2O:2

critical49:22

50:17

117:24

determines

106:20

144:8

drove

19:22

50:17

cross3:2

11:8

51:3

130:15 140:17,23

determining95:7

display26:23

drums

115:1,2

79:12

87:10

149:16,17,22

develop

28:11

63:1

disposal

116:4

due

122:1

154:4,8,9

110:17

128:15

decisions

5:7

device

106:9

136:22

disposed

152:12

154:11

CSR 1:16,16

156:19

deductibility

43:22

devices

127:16

dispute

131:19

dump

21:16,18

current

120:14

86:9

diagram48:16

division2:11

71:9

dumped2l:14

currently

91:7

deductible

44:2

diameter

21:10,11

dockets

5:4,6,14

during

40:19

44:22

curriculum8:69:10

86:14

21:12

document7:616:8

75:487:1092:20

17:1

deemed

136:20

Dickerson

1:4

5:5

29:2,3

31:7,9,10

93:4

100:1

101:4

Keefe

Reporting

Company

102:15,17

103:18

efforts

32:2

equipment

27:15

exceed

89:7

125:10

explosivity

107:4,8

105:15

107:4,14

eight2l:15,17

75:19

146:18

125:12

exposure

148:24

108:7

111:21

either7:17

61:13

estate

19:18

exceedancel5l:5

extends

101:19

112:14

121:19

64:1

67:23

72:14

estimate27:1893:3

exceeded

125:11

extension30:16,19

144:16

83:5,1299:6

111:20

exceeds5l:24

30:22

duties9l:16

121:6

113:20

114:5

etc

118:6

exceptll8:24

extensions77:8

Dwyer

2:4,4

6:5,6,6

115:9

1:10

ethylbenzene

63:13

147:18

extent

25:5

6:10,197:3,10,17

128:3

131:22

64:18

65:3,22

excerpt8:9,13,17,23

extrapolating89:11

7:208:49:16,22

139:19146:20

evaluate65:10

9:2

eyel23:14

10:12,20

12:7,15

148:11

evaluation28:2

excess

102:22

eyes

127:18

151:1

12:19

13:2,10,13

electronic

154:12

even

125:17

exclude

9:23

12:24

e-mailed

47:16

13:19

14:1,9,15,24 electronically

ever

34:16

40:21

excluded

11:22

E-5 32:13

18:3,6

25:2,15

154:10

79:3

124:10

132:5

42:22

______________

36:23

37:750:9

elements66:3

137:16138:14

excludingl2:14

51:1

61:23

62:2

eligibility43:22

141:3

Excusel0l:23

F120:13

72:16,20,23

73:2

86:9,14

126:1,16

every

21:15

52:1

113:17

114:1

facilitate

104:24

73:10,14,21,24

eligible

44:1

86:3

everybody

22:23

exhibit4:3,3,4,4,5,5

115:19

74:3,7

75:16

76:17

89:21

126:7

127:3

everybody’s

78:7

4:6,6

8:5,8,13,17

facility

5:17 67:15

77:22,24

78:13

emanating

99:15

everything

23:18

8:20,22

9:2,9,9

fact

24:24

29:7

79:8

84:1,4,10

Emergency29:8

86:14,20,24

16:6,24

35:15,20

32:18

56:1

58:3

85:21

87:5,9

90:7

employed

15:4,6,8

everything’s

123:11

52:10

53:24

54:9

60:4 64:21

66:3

90:13,15,18

114:1

91:7,9,11

120:18

evidence

16:7

25:3,8

55:4,12

56:6,11,17

69:9

74:21

76:5

114:4116:20

employee9:1162:17

35:1673:11,22

57:15,1959:11,17

77:13,15

117:1,4,7,10,14,17

employees 15:12

88:20

89:13

95:21

61:9

67:10,10,12

factors

57:5

119:18

128:13,14

empty

20:9

80:21

99:10

100:21

68:3,14,23

69:3,19 failure

142:21

143:2

128:16

140:4

114:8,12

101:15

103:9

71:22

72:8,24

73:2

143:5

141:4

144:19,23

emptying2l:22

111:8

115:8

73:5,11,22 74:5,8

fair

13:3

27:2

88:7

151:17,20

152:2

end

5:23

40:24

123:15

128:21

74:9,12,16,18,21

90:2

113:19

129:3

153:11,18

154:15

112:6,11,21

129:2,7

130:3

75:3,7,14,18,18,23

137:24

155:2

122:23

123:6

142:11

148:8

76:9,15,19,2377:5

fairly82:7

Dwyer’s

11:17

131:4

149:23

150:4,5,10

77:10,13,15

92:2

fall

106:21

D-2

46:20

endanger

45:16

151:5

95:14

132:16

familiar

17:16

68:13

D-3

32:4

33:19

ended

52:7

114:24

exact49:20

83:1

133:8,14,24

85:22

94:5

126:17

endorsed

123:12

92:23

115:24

exhibits

4:1

7:13,21

far

127:4

149:15,16

ends 138:4

examination

11:8

9:5,13

56:5

105:8

149:17

each46:15

67:22

enforces

86:19

14:23

51:3

79:12

132:14,15,15

fashion34:7

94:3

115:4

engineer

16:19

87:8,1090:1691:2

experience29:14

fax43:6,1744:8

earlier

26:5

55:22

65:12,21,21

110:17

118:14

33:5 34:1

65:16,20

49:4

154:13

65:267:5,21

72:3

engineered

148:22

120:10

128:15

71:15,1881:17,23

faxed43:1648:1,9

97:15

99:22

engineering

16:14

examine

100:10

85:23

87:14

89:6

48:15

126:13

102:13

107:6

enough

59:2

examined

14:21

89:15

92:6

93:11

feet

20:21

22:5,6

108:3

122:8

ensure

45:15

60:20

90:24

120:8

95:1,11,19

98:6,15

81:5

137:4,6

126:10

132:12,14

ensures

10:1

example

132:20

99:18

100:20

fell5:15

142:16

ENTERED4:2

examples

132:24

102:8

126:20

few6:1645:5

80:7

early 8:15

30:16,16

entire

127:13

145:7

147:1

127:7,10

129:11

140:7

39:22

54:14

60:1

entitled

36:23

37:1

excavate

152:3

139:1,23

153:6

field

22:16

94:4

63:5

77:7,8

90:4,4

excavated

104:12

explain

22:23

26:20

95:15

116:23

earth

81:19

environmental

1:7

115:22

147:15

51:7,11

52:5

58:21

126:12

136:22

ease

15:15

2:10

15:23,24

28:7

excavating

104:10

66:16

93:8

137:14

140:21

easily

106:15

76:23 91:24

92:14

151:9

152:5

explained

39:16

fieldwork9l:21,22

East

1:11

2:12

92:21

120:15

excavation

59:1,9

41:3

fifteen

34:3

easy2l:7

EPA6:12

10:9

16:3

62:19

98:12,19

explanation36:5,7

Fifty-five-gallon

education

65:20

17:5

29:17,19

100:1

102:15

36:15

37:9,16

115:2

92:9

31:1841:1649:19

103:16104:24

143:19

file6:2329:2086:4

educational

16:12

88:23

92:16

105:1,6,13

108:13

explicitly

142:1

86:22

121:20,23

Edward

2:4 6:6

110:11

120:1

108:15,17

109:8

explode

106:16

122:5

126:8

ED&D

140:19

EPA’s

116:16

112:8,15,23

explore

50:22

140:20

154:10

effect

87:13

111:10

117:24

120:16

115:12

118:18

explosions45:17

filed

6:17

7:1,7

111:19

equals

89:13

134:18

146:23

explosive

45:8,10

44:22

61:20

154:6

efficientl28:18

equationsl28:5

excavatorl05:6

106:5,14,15

154:11,13

Keefe

Reporting

Company

files

121:9

five-minute

78:5

128:10

129:10

99:1

100:11

103:2

121:1

filing

154:12

flammablel06:10

131:24

141:10

108:13

109:7,9

Grand

1:11 2:12

fi1120:20,22

58:15

106:12,14,20,21

149:2

153:7,12,14

110:7

151:14

granted

13:1

77:8

59:5,8

67:22

113:4

flash

119:1

153:24

154:21

give 12:12

23:4,11

gravel

59:7

113:6

floor

124:5

125:8

future

12:9

24:10

25:17

37:1

grayish-green

22:4

filled44:18

F01A47:18,19

73:8 93:15

107:19

Great90:17

filling

138:20

Foley

3:3

9:10

62:17

1:24

132:24

greater

26:3

27:3

filter

118:24

62:21

85:2,3,5,16

G2:10

3:3

55:13

136:18

147:13

green

118:17

127:24

final5:199:9

90:15,16,2491:6,7

90:24

91:6

154:21

greenish8l:3

finalIy38:1

77:12

93:4

110:19

gap

59:8

given

6:23

78:14

greenish-gray

81:8

123:1

117:21

119:8,16

gas

80:23

81:18

83:23

84:11

89:13

102:12

find40:741:17,22

Fo)ey’s39:5

138:20,21,21

98:17

106:11

Greg6:11

7:3 61:23

42:21

52:22

58:13

122:22

123:9

gasoline

20:23,24

137:11

90:18

59:11

61:20

80:5

followed45:16

22:4,623:10,20

gives23:5

93:17

ground2l:1468:20

145:22

146:24

following

31:13

32:8

26:9

32:6

46:18

giving

82:13

83:6

87:16

88:9

154:22

36:1

63:10

66:11

80:10

7:24,24

14:15,19

113:12

140:8

finding

134:12

follows

14:22

91:1

81:21

94:23

98:13

21:7,17

22:22

groundwater

57:4

findings28:18

118:2

120:9

99:3,20

115:1

25:12,13

28:20

group23:22

67:10

fine

8:4

13:16

17:9

follow-up

118:16

135:20

29:1

34:24

37:4

75:18

37:3

73:10

84:10

foot

21:13

59:3

gasoline-contamin...

44:7

49:22

50:24

guaranteed

81:24

135:5

151:3

foregoingl56:11

89:7

118:23

59:1062:765:1

guessl9:221:12

finish

78:14

110:23

foregone

86:3

89:20

gasoline-related

73:7,18

74:6

75:13

44:21

48:19

52:3

114:2

foreseen

122:14

94:15

78:8

86:23

87:12

73:5 98:4

110:24

fire8:199:1

43:3,5

form44:1945:18,19

gathered28:12

90:23

105:15

113:14

115:13

43:16,21,2344:10

67:17,19,21,21

62:13

110:20111:13

116:24117:12

45:7,12

47:4,17

68:22,23

86:4,7,9

gave

144:12

146:24

119:20,23

121:24

118:2

151:19

48:6,20

53:16,2

87:21

107:18,23

Gaydosh

3:4

10:6

122:4

123:24

guidance

138:17

56:8

59:23

60:6,24

117:18

10:13,17,23

11:11

132:14

133:3,6

guidelines

86:18

61:5

67:22

68:16

forms

107:20

11:13,16

12:5,14

134:17

135:14

89:24

69:16,21

70:2,5,12 forth

34:9

38:13,16,19,21

136:6,18

138:20

guys 42:24

48:21

70:1971:3,874:11

forwards29:16

40:2148:949:4,6

149:2

153:1,20,23

--_______

74:21

76:11,20

found

37:12

122:7

67:6

79:3 120:3,5

goes

26:23

151:22

77:15,18

86:5

127:18

135:14

120:8,13

128:17

going

11:7,13,18

BAA 91:14

87:21

88:5

105:17

140:17

133:19

142:16

12:5

15:16

16:5

half

32:4

94:24

106:16

118:9

foundation

7:13

145:19

153:17,18

17:23

18:720:4,10 halfway99:14

125:17

127:2

four8:1620:21

22:6

Gaydosh’slO:22

21:1422:1026:2

hand20:21

83:15

129:24

130:2,5

110:20

111:22

12:16

48:8

30:7

31:22

36:18

156:13

131:14

132:10

120:19

Gelarden44:15

37:741:12,15,16

handle

11:8

90:16

133:8,14

137:1

four-page

59:17

48:18

70:13

74:15

41:22

42:5,20

49:2

hands

20:9

80:7

138:1,3,6

139:19

free

114:16

132:24

75:4,5,6,11

84:22

52:7,9,10,19

53:6

hand-augered

139:20,21

140:16

Freedom

47:19

105:20

106:4

53:23

57:15

59:1

128:23

142:6

143:6,8,13

frequently

94:2

107:5,9,13,17

66:19

67:9

71:21

happens

22:3

29:14

fired2l:8

Fridayllo:22

111:4113:10

73:6,7,8,16,21

151:11

fires45:17

front54:1,9

71:24

118:7

75:12,16

76:14

happy72:20

firm6:615:2479:15

75:19117:21

Gelarden’s105:22

80:1681:2083:18

hard46:481:11

117:23

118:1,8

fuel39:23

116:17,23

118:2

84:1 85:14

86:19

89:12

first8:2

14:8

17:15

full9:18

15:2

32:22

generall5:23

89:21

92:2

96:20

hardly

118:3

18:19,24

31:22

35:22

127:23

120:24

135:16

97:4

98:24

99:16

llarry42:6,14,15,16

32:22

35:22

40:21

furnes98:13

generally

11:22

28:6

101:1

103:14

49:13

51:17

43:2147:1054:17

functionl2l:8

95:13,17102:11

104:9116:20

124:14

54:18

55:6,19,23

fund55:1987:2

112:19

130:22

132:13

hate 144:24

63:7

67:12

68:4,14

127:4

generator

21:8

137:7

138:17

hauled

112:8

69:3

71:18

75:7,22

further

10:21

28:19

generic

23:22

139:13

140:2

hauling

103:16

76:983:1696:16

37:1441:1,149:5

151:24

151:12153:3

havinglO:277:3

120:1

121:18

50:15

55:4

56:21

genericaLly84:4

gone

114:10

hazardous92:13

122:3,4

123:7

64:2 74:23

76:22

gentleman

113:3

Good

5:3

HAZWOPER92:19

125:15

139:19

79:8

87:3

90:7,8

geology

92:17

gotten

137:14,15,15

header

48:2

141:19

147:17

110:14

118:11

153:10

govern

57:8

60:15

hear 10:16

five42:4

46:7 77:24

119:17,18

122:13

gets

26:23

governed

39:19

heard

41:23

145:5

124:8

125:4,6

getting

64:7

95:9

graduated

120:23

heart

142:20

Keefe

Reporting

Company

held

1:10

66:10

65:8

66:15

82:17

99:19

100:14

instead39:9

24:15

29:11

32:3

153:22

123:5

144:8

102:9

103:1

109:5

institutional

148:22

32:16

60:18

80:3

help

148:11,12

identifying

57:5

124:12

134:12,19

152:9

83:15 84:12

her 145:1

IEMA28:21

29:5,16

137:18

institutions

120:21

128:23

hereunto

156:13

55:19,2077:4

indicated

39:7

51:15

instructed

138:18

Jay3:438:13,19

Herlacher3:3

8:7,7

IEPA5:5

42:12

60:14

75:6

76:21

instructions

27:15

41:18

43:16

120:3

9:11

14:10,11,21

II 15:24

116:17

27:16

120:8,13

15:1,3,4,7,9,12,16

IL 1:18

indicates47:4

74:17

instructs29:19

Jay’s42:16

15:17,22

16:11

Illinois

1:1,7,11,11

74:22

77:10

95:10

instrument

22:19

Jim

39:5

62:14,16

17:4

27:18

33:2

2:6,10,12

6:12

8:9

103:3

132:8

23:13

25:21

26:3

62:17

47:11

48:22

74:24

8:13,17,21,24

10:9

135:19

146:5

27:17

93:9

job

48:21

123:19

75:10,17,20

78:8

16:3,21

17:5

29:8

indicating

75:8 77:7

instruments

96:8

jurisdiction

125:4

78:13

79:14

87:11

29:17,19

31:18

77:16

insufficient

106:13

justification

124:19

87:14

90:11

91:10

37:23

40:12

49:19

indication

37:12

106:14

justify

124:24

91:12

126:5

52:13,2053:1,16

40:8 61:12

69:5

interaction

122:3

_____________

140:14

53:16,21

55:2

96:3

97:24

99:10

interest5:11

79:15

Herlacher’s 128:24

57:15

59:12

60:10

104:21

interface

16:2

Karen

1:16

156:4

Hernando42:6,9,9

67:16

68:6

71:8

indicative

100:16

internal28:5

KEEFE

1:17

Hernando’s

42:20

76:6,23

78:18,19

103:5

interpretation

keep

112:1

hey8o:13

88:5,8,23

110:11

indicator

135:19

137:21

147:5

Kent44:15

70:13

high

16:12

116:16

117:24

146:6

147:6

150:8,20

105:20

highest

115:13

120:16

121:2,16

150:11

interpreting

150:23

kept

27:23

135:22

him

11:18

12:12

156:1,6,7,8

individual23:18

INTRODUCED4:2

kind 17:521:1

22:4

39:6,8,9,10,11,18

immediate66:11

38:17

44:14

63:8

investigate

34:7,17

23:3 24:5

27:15

39:21

41:1,7,24

immediately98:3

70:14

investigated

33:16

37:6

42:18

52:2

43:1,751:2271:11

impasse52:3

indoor92:14,15

investigating56:13

71:17

80:8

81:8

85:13

111:7

implies45:14

industriaL’comme...

investigation

9:3

91:19

93:15

98:23

124:15

126:9

importance

83:24

146:21

32:2,10

57:9

59:22

123:16

124:16

144:11,12

84:11

informationl2:12

60:1561:677:11

138:19145:17

hire

87:17

important84:15,16

20:6

28:12

32:2,9

80:2

85:24

88:17

knew

85:14

historical44:23

88:14,15,15,18,19

36:1,6,16

37:10

133:21

146:22

know

10:13

11:5,19

Hodge2:4

6:6,10

88:22

89:2,5

41:2,11

42:19,22

involved

18:10,19

12:2,8,10,12

13:13

hold5:11

9:19

59:2

135:12137:20

44:1846:15,21

20:449:1893:1

20:1022:223:14

92:10

150:2

47:20

50:20

63:1

96:10

25:2

28:4

35:16

hole

21:9,15

45:11

impression

79:4

66:20

69:8

70:22

involves

17:6

36:21

40:4

41:14

59:2

113:4

inadequate

51:9,12

72:9

75:9

83:19

in-place

39:23

41:19

42:6

43:4

holes

113:18

141:13,15

122:9,13

124:23

irrelevant

139:6

44:19

46:8 48:16

Honor

9:22

14:2

INC 1:4

127:12

129:18,20

islands

58:15

48:24

49:19,19

25:376:18

154:15

inches2l:10,11,12

130:15

139:14,17

isobutylene27:13

51:256:21

59:5

hope67:11

21:15,17

139:22

141:16

isolate83:9

138:23

60:961:465:8,20

hot

100:6

incident5:15

31:21

145:6,17

146:9

issuance

126:4

72:11,13,2273:6

hour

84:21

37:22

77:4

122:4

148:9

149:8

issue

5:7,14

112:17

80:1,7,9,12,20,22

hour’s

112:18

125:5

139:5

Ingersoll

49:14,16

112:22

84:13,15

85:9

huh-uh68:11

143:20

51:7

issued43:24

124:20

86:11

89:15

92:23

hundred

89:8

incidents

121:10

initial

9:4

20:1

144:4,6

106:15

110:6

hundreds95:14,15

include

16:21

23:9

56:13

57:3 96:22

issues45:550:10,11

111:14,16,17

100:11,14

103:5

23:22

33:15

83:14

124:23

133:22

128:19

112:17

113:9

hydraulics

153:10

109:18,22

134:20

issuing

143:23

114:19,23

115:24

hydrocarbon

included

110:2,10

initially

19:10

80:5

itern32:4,13

33:18

117:7,17

118:10

136:10

129:23

136:1,2,11

inquire

126:6

46:10

134:17

119:10

128:17,18

hypotheses

151:14

136:12,14

inquiry

138:4

136:9

131:4

132:7

137:4

hypothetically

includes

74:9

77:5

inside

22:21

24:8

items46:7

122:19

137:5

140:6

141:1

136:13

including

15:14

26:2

45:8

107:3

123:4

142:19

144:12

23:11

inspection

85:12

it’ll

95:16

145:9,22

151:15

incorrect

113:4

inspector

92:16

151:18,24

152:1

idea

38:10

138:18

INDEX3:1

inspector’s

126:12

knowledge

12:17

149:23

indicate

29:7,10

installations

94:23

James

2:10

3:3

9:10

94:22,24

identified

65:6

40:5

45:22

64:16

installed

58:24

90:24

91:6

known

5:10

identifies

63:7

64:21

66:21

69:11

installer

92:18

January

5:18

9:8

_____

______

identify

45:20

62:15

70:4

76:11

98:7,16

instance

12:5

15:10

19:2,5

20:14

—-

Keefe

Reporting

Company

L8:6

149:2

14:4 17:9

23:11

52:9,12

54:16

maker

149:22,22

lab

61:15

78:21

79:5

legal2:11

11:23

29:21

35:14

38:23

59:13,16,1760:4

makes25:19

26:24

89:10,16

116:11

36:19

42:21 48:3,3

38:24

45:14

51:20

75:17

112:6,13

manage

16:2

119:3

130:24

49:16,18

59:7,13

74:3,13,16

123:11,19,20,20

management29:8

labeled

97:22

legally

88:8

78:2

80:10

82:5,8

123:20,21,24

29:18

91:18

laboratorially

78:21

legend

47:1,7

82:8

83:18

84:19

124:7

130:6

131:1

138:13

laboratories

123:21

LEL

106:4,8,18,24

85:24

86:22,23

131:7

132:21

manager42:17

laboratory33:1,3,6

Leo 15:3

111:7

112:10

133:16

136:6

91:19

92:13

96:12

51:14,24

57:21

less

153:7

115:9,16

154:13

145:19

147:19

121:3

126:21

62:11

64:5,11,14

let

18:18

22:8,22

154:17

looked37:8,14

144:11

71:1

83:8,10,20

30:7

32:7

34:14

likely

55:8

56:23

140:10

managers

42:7

89:8

95:4,16,18

35:19

37:20 38:15

58:8,13

134:10

looking26:6

44:16

manner

5:21

33:15

116:8

118:23

38:1641:21

43:10

136:17

153:7

45:18

67:1269:2,3

manual5l:20,22

128:1

130:7

46:1

48:24

49:3,21

limit25:20

106:17

69:18,23

76:10

manufacture’s

133:10134:2,6

53:756:461:18

146:7

85:2194:14

27:16

137:23

138:8,12

62:15

88:24,24

limits64:23

125:11

113:14

122:19,20

manway99:13,14

141:5

142:1

129:10

132:17

146:8,17,17

133:18

140:1

99:16

113:4,5

145:12

146:2

133:4,7

136:13

Lincoln

120:24

146:14,16,19

many

15:12

27:19

149:12

145:8

150:24

line67:2470:673:8

lot33:9

140:8

41:14

79:22

92:21

laboratory-analyz...

letter

24:23

29:18

113:7

122:2

153:8

146:15

147:22

93:1

106:19,21

131:21

30:1831:11,15,17

lines68:16,24133:1

152:4,5153:10

111:21

137:4,6

laborer

98:5

34:16,23

35:1,4,5

list

23:12

146:21

lovely

127:20

maps

123:20

Land

17:12

92:17

35:7,9

36:20,24

listed

46:11

66:22

low

100:11,13

109:4

March

24:22

34:15

120:16

37:1,9,13,15,21,21

123:8

lower32:446:3

34:2335:1,537:8

landfill

115:22

37:24

38:1,2,7,12

lists77:1,3

106:17

37:14

38:13

39:5,8

118:16

119:4

39:2,4,640:11,12

little

16:15

17:3

LUST5:16

29:17

39:10,1140:11

Ianguage33:1556:1

40:20 41:13,15,18

18:15

24:6

92:8

42:11

49:11

58:11

41:10,22,2342:2,4

57:20

61:10,13

42:20

43:22,24

149:2

77:2 79:19

86:19

43:1

47:12

48:11

135:24

142:23

44:4

50:13,18,18

LLC

79:18

121:3

125:1

49:4,13

50:1,2

last

34:3

35:21

67:7

69:20

79:2

load

105:3

115:18

127:10

131:20

67:7

116:16

48:15

77:9,12

86:14

116:16

loaded

115:15

132:19

141:6

117:24

121:20

89:18

122:14

124:9,20

104:24

luxury

10:22

124:20

126:4

late

42:3

91:13

124:21,22 125:5

115:20

______

130:16

142:19

later29:18

50:18

126:1,4,6,16,17,22

localllS:20

143:16

144:4

83:22

122:14

126:23

130:16

located

5:10

17:24

machine27:739:5

mark52:10

124:2

137:12

140:19,19

18:22

32:12

48:20

59:1

marked

16:6

53:24

law 2:5

6:6

36:19

142:19,21,24

66:7

68:5 121:15

made

29:7,10

52:4

67:10

88:4

143:2,16,19,23

location

17:2345:1

98:11

111:17

marshal8:199:1

layer59:3

144:4,6

149:23

63:767:19,23

118:8

126:7

43:16,24

44:10

leak

67:24

let’s

17:3

22:22

76:13

77:3

98:17

magnitude

95:5

45:7,12

48:6,20

leaked69:7

118:6

34:2448:249:22

locatious57:1

105:2

mailboxl54:9

53:16,21

59:23

leaking

17:12

31:18

59:10

97:19

108:15

123:12

main76:6

113:18

60:7,24

67:22

54:14

76:24

105:15

119:20

134:15

mainlyllo:6

68:16

69:21

70:2,5

113:22

114:2

130:9

132:14

1og43:544:947:4

maintained74:10

70:12,1971:3

120:16

121:9

133:13

141:10,12

48:12

67:14

70:15

make

5:19

6:4

9:23

74:11

76:11,20

127:3,14

152:7

148:15

153:20

74:12,13,13,16,16

10:5

12:16

13:24

87:21

88:5

105:17

leaks82:6,6

level5l:1559:4

74:21

75:7,24

14:425:2226:6,7

125:17

127:2

learned

12:21

82:20

83:2,6

89:16

76:11,20

77:16,18

37:7

41:20

71:12

129:24

130:2,6

leastl2:326:18,19

92:12

95:2

108:1

112:1

72:14,17

73:17

131:14

137:1

26:20

50:21

51:10

levels64:22

66:22

116:22

119:9

74:4,23

76:18

138:1 139:19

84:15

96:8 110:5

66:24

83:14

95:17

126:12

130:11,23

88:12,15

89:19

140:16

142:6

146:4

149:3,13,19

103:22

104:3

138:3,6

139:20,21

106:16

117:5,15

143:6,8,13

150:18

125:12

131:23

logging

96:7

117:18

122:5

marshal’s

43:3,5,21

leave

11:23

147:8

148:13,18

logs

32:13

135:21

123:11

130:15,21

47:4,17

56:8

61:5

leaving39:9

149:13,14

152:9

long

15:8 21:13

133:15

137:21

69:16

71:8

74:21

left 6:16

7:1

39:4

LexisNexis

8:11

9:6

80:20,22

86:17

139:9

141:12,22

77:16,18

86:5

42:19

63:7

78:1

License

1:16

91:11,23

120:18

145:24

148:1

118:9 132:10

101:19,21

107:19

licenses

16:18

look

16:7

17:14

149:16,18

150:7

133:9,14

138:3,6

123:2

124:1

lifted

45:9

19:22

29:2

30:9

150:19,21

152:11

139:20,21

125:21

146:16

like7:2,9

8:2

13:24

31:7,13

32:21

48:1

153:5

154:14,17

mass83:4

Keefe

Reporting

Company

master

92:12

26:13,16

134:13

26:3,17

27:5,13

154:6,11

note

44:16 55:14,17

material59:3

62:13

measurement22:12

83:4

89:8

93:18

myself

10:9

76:22

154:20

72:11 98:3,9

23:3,5,13

24:11

mind

52:4 54:5

noted

99:12

103:17,23

104:5,8

25:16

33:7

57:1

140:13

notes 18:3

38:22

104:23

105:7,7

58:1,3

82:23

93:13

minel8:1292:4

name5:46:6

15:2

124:13

137:15

112:9

113:1,22

93:15

95:2,6,7

minute

153:21

28:9

38:19

44:13

nothing60:2

127:5

115:15,19,21

100:13

134:11,16

minutes

14:16 77:24

44:15

45:14

91:4

138:14

139:14

116:2,3,4,7,7

136:8,24

137:5,6

144:20

120:12

141:2

146:22

materials

92:13

139:2 141:7,9

miscellaneous

nasty

111:17

147:2,10,23

109:7,9

142:9

144:18

135:15

145:1

native

40:3

noticed

5:24

matter

1:3

6:14 17:4

measurements

Miss

90:16,23

natural

81:19

92:17

notification

36:1

17:20 61:20

74:8

22:16

95:12,20

118:13

128:13

naturally66:8

50:15

83:23

139:6

96:2,6

100:8,20

Missouri

92:12,15

nature

57:2 94:16

notified

28:18

matters7:8

9:20

102:20,24103:7

92:16

134:16

notify39:641:16

11:12

12:23

13:18

104:1

109:1,19,22

misspoke53:1

near 98:4,5

108:16

55:19

16:4 17:11

110:10

141:11

mistake56:4

113:3,3

115:14

notifying50:13

may5:7

14:8,20

measures22:20

23:1

mistaken

118:7,21

nearby

133:2

November75:2

16:15

27:2

36:8,11

25:5

106:9,10

mistakenly55:24

necessarily

111:15

154:9

37:17

38:4

61:10

measuring23:894:9

mix9l:21

139:11

152:6

NR46:23

69:11

74:2

84:19 90:11

104:5,8,10

136:6

mixed23:19

necessary

64:1,2

number4:2

44:17

90:14

92:9 96:17

mechanical

16:13

mixture

106:14

139:17

141:17

52:23

77:4

83:23

96:19,2497:3,17

97:5

modifications

35:24

need

36:16

37:11

84:2

85:21

88:22

98:21

99:23,24

meet

69:15 71:13

molecules

93:10

46:8

48:23

55:1

89:1

90:1 92:24

100:23

102:17

128:8

131:22

moment

119:21

62:15

72:17

83:7

102:2 111:1

103:11

105:15

meetingl52:16

Mondayll0:22

85:787:2488:5

115:24136:9

119:16

137:3

meetings

129:23

111:3

93:24 112:17

numbered

102:3

142:5

members

5:12,19

Monica

2:5 6:9

117:17

127:17

numbers

6:24

112:5

maybe

10:20

12:9

129:24

154:20

monitor82:12,22

129:18

138:7,10

112:13

136:12

38:23

78:1,2,14

mentioned33:22

monitoring

112:19

138:11

150:10

147:3

81:11,21

117:1

34:2

39:21,24

112:19

needs 11:5

13:14

______________

128:18

131:4

99:22

108:3

months

80:7

87:2

36:6 135:12

151:1

MBA

16:15

144:24

120:19

neighborhood

oath78:9

mean7:20

10:20

message

39:5,9

11:24

17:3

111:23

object24:20

36:18

11:7,12,13,21

12:1 metl24:8

18:1520:1034:13

neutral5:21

50:773:2376:14

12:20 13:10,10

meter

22:24

24:3,4

64:1

89:2 91:22

never

27:23

51:21

84:1 116:20

140:2

19:7,9

23:7

25:23

24:11,1825:1,4,17

109:8

116:9

54:5

61:20

111:7

151:12

25:24

28:1,9

37:21

25:17,23

26:16

119:14

131:22

135:22

139:8

objection

13:1

24:23

39:1

42:9,14

46:24

27:10

32:19

60:21

136:18 138:13

new 20:11

72:10

74:2

90:18

49:24

54:23

72:20

61:10 88:13,18

140:24

143:19

next20:1331:743:1

objectives5l:16

72:23 73:5

78:17

89:1

93:6,12

96:5

145:18

146:5

43:20

90:14

98:20

63:23 66:23

89:10

82:4

83:23

84:11

100:3

102:17

147:7

151:14

104:2

112:9,18

89:17

124:18

84:15

85:8,11

103:19

106:5,8,18

morning5:3

38:23

122:2

123:24

125:10,22

128:4,5

86:22

94:15

95:3,6

106:24

108:19

101:2

134:14

130:8

137:17

95:7

101:19

129:2

135:6

most22:15

55:8

NFR

124:9

146:20

149:6

106:19

111:7,15

136:15,19,24

56:23

58:8,13

nine

106:1

observation

25:9

113:16

114:9,11

139:1

142:11

129:15 134:10

noise

25:19 26:24,24

26:7

94:18

128:24

116:18

117:10

meter’s

26:22

136:17

none

66:18

107:10

129:1

118:1

126:17

method

58:1

130:18

motion

9:23

10:6

non-contamination

observations

32:16

147:13

148:18

130:22

136:24

11:17

12:24

13:13

149:5

33:8

44:22

85:2,4

151:8,13,24

139:2

142:9

movedll5:18

non-LUST39:7

95:22,23

98:11

means

25:19 26:1

methodology

34:21

moving

59:9 105:1

126:6

143:20

100:18

103:8

53:19

methods

57:1 58:4

MTBE

63:14

93:20

non-review

122:9

observe97:2

105:21

meant35:9

134:16

93:22

normal

34:6

71:15

105:24

113:20,24

measure

23:16,17

mid

84:19

much

6:13 41:4,5

normally

12:2

observed

26:10,11

45:8

55:7

56:22

might

18:13

36:16

78:1

114:11,15,23

127:16

130:6

130:3

58:793:9,19

37:1166:16141:2

115:21

126:10

North

1:11,182:12

obstructinglO5:4

106:18,22

107:2

mile

94:24

127:19

76:6

obtained

120:21

134:9,23,24

miles

68:7

multiple

66:12

nose

127:18

obviously

10:12

142:11

million23:6

24:11

must36:1

58:1

Notariall56:14

21:21

50:1 52:4

measured24:17

24:12,13

25:19,24

135:22 139:23

Notary

156:4,19

occasion

11:22

Keefe

Reporting

Company

occasions

66:13

oftentimes 11:5

orderly 5:21

ownership

79:14

particular

8:19

occupation 120:14

13:6 18:3 19:2

ordinarily

41:12

owner/operator

10:10,11

12:5

13:8

occurred

25:9 40:5

20:19

52:24

54:4,4

ordinary 74:10

58:7

77:6

87:15

35:2

1 122:18

75:11 80:15

98:1

54:5 65:24 81:5,23

organic 23:2,9,12,22

90:2 131:21

138:7

130:10

131:6

121:19 134:19

89:4

90:19 98:4

26:4

65:4,23

82:15

139:23

143:24

133:12

139:4,5

150:4

129:15

93:10,17 103:4

144:5

151:9

152:2

143:18

145:20

occurrence 82:7

Oklahoma

16:14

organized

122:21

owner/operator’s

146:18

occurring66:8

olfactory26:11

OSFM48:3

54:21

142:21

particularly

143:21

October 154:5,8

81:14 123:17

55:10,21

107:24

oxygen

106:9

parties

5:11

6:3,15

odor26:7,9,11

127:9,15 129:1

111:13 119:9

o’clock38:2442:4

8:1 9:13 13:14

95:2498:1699:24

once20:12

29:14

130:20

106:1 115:13

154:10

100:19

102:14

85:24

89:19

OSFM’s

130:11

partnership

79:17

105:10

one6:147:17

13:14

OSHA92:19

parts23:524:11,12

odors 22:6 99:23

21:9 50:11

67:17

other

7:8 8:3 9:20

packages

127:1

24:12

25:18,24

103:8

68:16 69:10

71:13

10:3

12:22 13:17

page 6:24,24

17:15

26:3,16

27:5

83:3

off 7:1 14:15,18

78:2,14

85:16

16:17 33:7

40:17

29:2,6

30:8,9,10

89:8

93:18

152:18

22:11,1746:8

102:6 104:2,17,23

53:18 57:4 58:23

30:11 31:4,8,14,24

party

10:1,3

90:12 112:8

105:2,4

107:21

60:9,14 61:4 66:15

31:24 32:4,8,8,10

past85:23

96:3

119:21,22 121:24

108:3

113:15

66:17

68:8,9

76:2

32:14,2233:14,20

109:16

127:24 144:22

114:5 115:18,19

79:19

85:13 86:19

43:13,19,20,21

patch20:2021:7

148:23 153:20,22

124:4 126:23

94:19,19,22

95:22

44:7 45:19

48:15

pathway

148:23

offer72:14,17

73:7

127:5,17,19 130:1

95:23 98:11

99:12

48:15

55:12 61:22

pavement97:7

73:10,13,17,21

131:22

133:3,6

107:9,22 113:18

61:24,24 62:1,3,8

148:22

74:4,23 75:13

139:19

140:18,24

122:9 135:18

62:9

64:7 66:20

pay

86:20 152:19

76:17,18 77:22

141:1,23

146:4

136:7

142:4,15

67:12,18

68:4,14

153:2,3

offered 72:23 73:2,5

147:7,14,16,17

144:23

69:3,18,23

70:18

payment

55:18

offering73:15

149:13

others79:22

71:22,23,2472:7

PCB1:5,55:5,5

offhand 144:12

ones 8:1,3

ought

142:19

74:11,13,18

75:7

pea

59:7

officel:118:199:1

one’slll:17,18

out6:1612:919:23

75:2276:977:4,10

per23:524:11,12,12

43:344:2347:17

online9:6

20:3,1921:9,14,16

77:12,1597:13,18

25:18,2426:3,16

53:15,21

69:16

only

10:7 12:13

21:16,17,18,23

97:19,22

99:5,10

27:5,12

48:8

83:3

70:2,11 71:8,8

78:23

105:3

22:20 24:10 41:22

101:10 102:5

89:8 93:18,18

86:5 105:16 118:9

123:15 126:23

42:20,21

45:9

104:16

113:14,15

percent

79:16

81:24

129:24 130:2

129:21

139:13

48:21 60:19

67:22

117:11 123:10

93:3

140:15,20

156:7

140:18

68:20 80:2,5,16

125:9,20

126:16

perfectly

151:21

Officer 1:12

5:3 6:8

onto 106:4

86:23 87:16 88:9

142:20

145:21,23

perforations

113:20

6:13,20,227:5,10

openl7:14

99:2

106:4113:11

148:10,16151:4

perform69:13

7:14,23 8:59:12

opening 13:24

14:1

113:23

114:2,17

pages8:8,12,169:4

performed27:20

9:19 10:10,18 11:4

14:4,5

114:23

124:1

33:22

35:2

36:14

33:6

58:11

69:22

11:21

12:8,22 13:4 openings

20:20,22

125:21

129:1,14

40:11

43:11 75:19

77:7

13:7,12,15,17,21

58:15

129:19

131:17,20

76:22,23

performings4:14

13:23

14:3,7,11,17

operator 104:22

151:9 152:6,14,23

paid 123:5

perhaps

11:6

14:19

15:22 18:1,4

108:14 115:17

outside5:15

11:14

paint 118:24

period

19:6

30:16

25:12 33:13

37:3

operators

55:18

over 25:20 42:5

84:6

paperwork

85:13

110:20

50:23 58:21 72:13

56:22

57:2 134:9

97:7 104:23 105:2

91:21,22

121:19

periodic

129:22

72:19,21 73:1,4,12

opinion37:1,2

58:10

110:20

115:13,19

paragraph

35:22

permit68:15,17

73:19 74:1,3,6

58:1265:3,1966:2

overburden

152:19

37:22 38:2

55:13

71:14,1987:21,23

75:15

76:16 77:21

66:6 129:12

overfihls 82:4,6

125:2

87:24

88:5 107:21

77:23 78:4,7,11

135:24 136:23

oversee

85:6

part 8:10,14,18,24

person

140:20

79:10

87:7 90:10

138:16,24

139:3

overseeing

62:18

17:10

18:13 27:12

personal

112:16

90:13,17,20,23

139:10,13,22

overview

126:20

39:20,21

44:7

personally

84:16

110:15 118:13

141:5,7,13

146:11

own 19:15,16,16,18

51:17,18,23

52:13

personnel

114:20

119:13,15,20,23

148:18

150:13,24

80:8

55:2

63:21 70:6

person’s

140:20

120:5 128:12

opportunity 9:18

owner

16:3

20:11

78:17,18

80:12

perspective

88:16

140:6

144:21

10:2,4 105:21

28:18

79:16

80:9

83:3 97:14 101:7

pertain

132:19

151:16,18

153:13

opposed

58:22

80:18,19 134:16

129:12 131:2,6,13

pertains

5:16

145:7

153:16,20,23

oral 9:23

owners 15:14 19:9

135:17,19

136:11

petitioner

1:5

2:7

154:3,16,19

order 63:21

95:5

19:10

55:18 56:22

137:1

142:17

5:9

6:5,10

13:23

Officer’s72:17

131:12,19

149:11

57:1 121:11

134:8

143:9,11

150:2

14:7,2291:1

often

82:1

152:13

134:19

participation

155:1

119:16,24

154:13

Keefe

Reporting

Company

petitioners

9:23

100:3,8,13,20

portion

46:3

54:18

prior

24:22

48:11

properly

123:11

petitioner’s

4:3,3,4

102:17,24

103:7

108:17

145:9

80:15

96:17

152:12

4:4,5,5,6,6

5:15,16

103:19,24

104:6,9

position

41:4

91:14

114:11

147:20

property

16:3

19:9

7:13

8:5,8,12,20

108:19

109:2,18

115:14

148:6

19:17

20:9

80:7,8

8:22

10:15,16,21

109:22

110:10

possession

47:13

probably

9:16

19:2

80:9,15,19

11:1,8

16:6,24

111:21

116:6

126:8

23:1427:2252:7

proposed

123:15

35:15

50:19

53:24

123:17,18

127:10

possibility

18:13

79:24

91:22

protection

1:7

2:10

54:9

55:4

56:5,6

127:15

129:2

possible

58:12

111:23

138:13

76:24

120:15

56:11

57:15

59:11

135:1,4,6

136:12

possibly

146:24

probative

25:4,10

provide

11:19

32:1

61:967:10,12

68:3

136:15,19,21,24

posted

154:4

50:10,16

77:17

45:19

46:14

80:10

68:14,23

69:3,19

137:7

139:1,5,8

potentially

134:4,6

probe

22:18

24:9

96:5

107:24

135:6

71:2272:8

73:11

140:24141:1,11

ppm89:1395:12

probleml40:18

143:19

149:7

74:4,8,16,18,20

141:17,19

142:11

ppmv

93:18

154:12

152:15

75:3,7,14,17,23

piece

137:9

practice

34:6

procedural

6:3

provided

24:22

25:6

76:9,1977:5,12

pile

105:5

115:15

prefaced

55:13

154:7

25:7

46:15

49:4

132:14,15,15

pipes68:20

prefer7:19

procedure22:14

84:14

123:14

133:8,13,24

154:8

piping67:1569:1,1

preference7:18

34:1139:22

41:13

149:12

petroleum

1:4

5:5

69:2,17

82:6

124:6

prejudiced

10:1

51:8

56:8

60:2

provides

93:12

18:1119:12,13

125:8

preliminary

6:14

procedures

45:16

provisions

85:22

23:23

30:2

31:19

pitch

149:17

7:8

9:20 12:23

proceed

29:19

74:2

135:15

142:17

33:9

53:19

54:19

place2o:3

58:13

13:18

20:5

28:3

proceeded

11:20

144:9

145:2

71:979:2081:14

105:3

108:18

60:283:21

proceedingl28:1

public5:10,1345:16

94:20

95:24

96:1,3

placed

24:3

59:2

preparation

114:9

proceedings

1:10

154:5,6,21

156:4

98:16

99:23

places4s:19

144:24

prepare

10:2

11:3

5:1,22

154:23

156:19

100:19

102:14

placing26:14

prepared68:22

process2l:326:6

p111185:15,19110:20

103:8

105:8,10

plan

10:7 35:23

36:8

70:15,19

74:14

36:22

44:22

97:2

111:22,22

114:10

107:1

121:15

36:11

37:17

77:11

75:6,12

109:14

100:1

101:6

119:9

114:10

125:15

127:9

136:10

planned

11:10,15

presence2o:23

23:8

128:2

129:17,18

pulled

84:19

105:7

petroleum-related

plans

86:22

88:9

32:6

33:8

51:9

151:10

113:11

114:8,23

102:10

135:17

52:1

54:24

55:7,9

produced 14:21

pulling

114:21

phase

15:24,24

plastic

22:7

56:23

57:5

58:7

90:24

120:8

pulls22:19

24:10

phone

140:14

play 13:3

61:16

65:11

66:16

product99:2 114:16

pump

58:15

92:18

photo

97:21

99:6,7,8

please

6:4

7:11

66:21

80:6,14

114:17

132:24

114:19

99:9

101:11,14,20

14:12,13

15:1

98:15

100:19

products23:24

pumps

18:21

101:20,21,22

49:22

51:3

62:24

106:10,21

130:7

professional

16:19

puncture

24:9

102:2,3,5,9

104:16

78:11

90:21

91:4

132:24

134:9

65:12,19,21

92:9

purpose

5:20

20:1

104:17,20

105:5

120:6,12,20

123:4

146:5

profile

118:17,19

44:19

71:10

110:5

113:16,17,17

128:20

132:20

present5:13

9:8,17

program5:16

31:18

121:22

126:23

115:9

133:6

135:11

23:23

25:9

38:17

42:1149:1277:2

purposes5:6

16:4

photograph

99:12

144:2

45:13

55:8 56:24

122:20

129:11

63:17

84:2

119:4

101:16

111:1

plural

58:4

58:8

62:21

64:18

131:20

151:21

126:15

113:2

115:7

plus

136:19

64:22

66:4

84:19

152:7

pursuant

5:24

6:1

photographs

96:17

point

9:22

11:23

99:24

102:15

progress

112:23

55:21

101:6

24:21

52:2

63:22

105:10

119:17

151:22

pushing

127:21

photolonization

89:18

106:3,7

127:6,19

130:5

progression

122:22

put 22:13

24:23

23:1

93:5

109:8,9

110:7

134:10

138:1

123:9

41:15

59:3

112:4

photos

96:23

97:10

112:10

119:1

147:7

154:1,21

prohibit 108:12

putting

112:11,20

97:11,17,1999:6

122:10123:23

156:6

project9l:18,19

p.m154:11

101:8

102:3

124:13

128:2

presenting

50:21

96:12

97:6

121:3

P497:22

104:14,17

148:14

presumably

12:17

126:21

___________

physical

115:16

points

115:9 122:19

pretty

21:7

33:18

projects

16:1,2

P1D22:10,16,24

poke22:18

41:4

109:3

114:11

prompted8o:1

qualitative

128:6

24:2,4,9

25:17

policies

130:19

114:15

128:19

promulgateds3:15

134:11

26:16

32:18

33:7

policysl:13

149:22

133:2

53:2054:20

55:10

qualitatively

122:21

60:21

61:10

82:11

pollutant

83:5,7

prevent59:9

55:21

121:13

Quality92:15

83:14

84:3,4

88:13

Pollution

1:1,11

102:13

proof

72:15

73:13

quantitative

93:13

88:1789:1,693:6

5:196:1752:8

122:6

73:1774:4,23

134:12

93:8,12,19,2494:2

149:15

156:7

Primarily9l:16

75:13

76:17

quantitatively

94:12,13

95:2,6,7

port

113:6

primary

121:8

124:16

138:19

122:21

128:7

95:15,20

96:2,5

portable

21:8

printout

96:9

153:2

question

25:14,15

Keefe

Reporting

Company

31:21

34:10

37:5,8

36:20

40:1,8

51:21

97:14,14,18,22

131:2,12,13,16

85:7

87:21,23

93:5

41:5 59:14

78:2,14

80:24

85:1,16

99:6

101:10,11

132:10,18

133:9

96:13,20

97:2

88:21

129:11

105:3

111:17

104:16

109:13

133:15

135:3,11

101:4

102:18

132:18

133:5

112:16

113:7,18

117:2,11

119:21

136:7

137:2,22

103:12

105:16

questioning

14:20

124:18

125:3

119:22,24

130:11

138:24

139:18

107:14,22

108:1,7

questions

11:6,18,19

131:3 138:23

133:20

142:20

141:23

142:4,6,7

119:9

126:13

41:1

78:12 79:9

140:23

147:22

144:22

145:19

142:22

143:6,11

130:12

152:14,14

87:4 88:12

90:9

150:1

153:21,22,24

143:13

144:9,16

153:3

110:14

118:12

reason

13:8

33:3,6

154:20

156:9

147:5

148:3

150:9

removals

93:2

119:14

128:10

35:1242:22

80:12

Red76:6

regulatory

16:4

remove68:16

87:24

153:15

83:12

112:7

redirect3:2

87:5,8

50:14

54:13 85:22

88:4,8

106:6

queuel2l:24

143:18

118:14

86:18

107:22108:17

Quick

17:17

68:7

reasonable

147:4

refer

15:16

17:23

reimbursed

86:15

114:15

153:3

94:5

reasons

36:10

38:3

73:8 118:22

86:24

removed

39:24

quickly

123:14

50:17

74:9

87:11

reference

32:15,18

reimbursement

44:12

45:1,9,24

128:19

143:24

152:4,5

37:2240:12,15

31:2043:344:1

46:18

62:22

101:2

quite4s:5

82:1

rebuttal

10:17

44:23

110:24

77:14 86:2

89:22

101:18

103:23

quotation

144:13

recalculated

128:4

125:7,9

126:7

90:5

106:3 108:9

109:7

quote

110:8

recall20:13

35:4

142:21 143:2,5,7

rejected35:13

38:8

109:9

113:1 116:3

38:20

41:5,9

49:9

144:17

50:12

51:7

143:20

116:4

123:2

49:2496:14100:8

referenced55:24

144:1

152:19

raking

104:22

107:13

109:1

59:24

68:13 74:20

rejecting

35:11

removiiig97:7

99:3

range 23:10,13

111:2,11,18

130:18

142:16

rejection

47:16

152:19

82:15 106:12,15

115:21

144:15

143:15 144:15

50:12,13

rephrase

34:15

106:17

receipt

96:6

145:2

rejects

35:23

117:18

144:2

ranged

102:22

receive

30:2 1

47:24

references

145:5

relate 76:5

replacement

67:24

rather

115:18

received

31:11

referencing

33:15

relation

68:9

107:5

68:24

reached

52:3

128:3

34:15

38:7,12

39:1

referred

39:20

relative

95:3

112:24

replied

75:11

reaching

109:10

40:19

48:5

49:23

57:14

66:22

relayed

41:11

report

28:21

29:4,7

110:4

67:7

68:15

77:9,13

referring

102:4

released

82:24

30:2,5,11,1431:1

react

27:8

79:2

116:15

117:10

145:10

122:24

125:18

31:5,23

32:1,1

reacting

82:18

117:23,24

126:3,9

refers

144:18

releases

8:22

56:9

33:11

34:9 35:11

reaction

82:13

126:10 128:7

reflect

38:16

64:13

56:13,14

58:12

35:24

36:9,11

read

9:8

32:22

35:7

129:21

140:15

146:1

132:23

37:17

38:5,9

47:16

35:22

36:3 37:2

receiving

35:4

37:15

reflected

63:1

relevance

50:7

50:12

61:19 62:2,4

46:4 54:17

55:5,16

recently

20:9

130:16

51:21

72:11,14

62:8 67:2

69:20

55:23

56:2,20

recess

78:5,6

regarding

11:7

73:23

76:15

70:1,4,18,22

71:12

145:1

recitation92:5

17:1126:732:2,9

151:15

71:1775:1276:10

readable

118:3

recognize

31:9

38:12

45:3 49:8

relevant

25:4,8,10

77:9

83:13,13

reading24:11

25:17

146:18

62:472:4

50:10,16,2074:8

108:1

109:12,12

82:21

83:14

84:3,5

recollection

18:24

regional42:17

71:5

77:17

151:13

109:19

116:17,21

84:988:13,1889:2

50:551:4

71:7

relied77:1996:2

116:21,23117:19

136:15,20,21

recommend

58:6

24:18

130:15

117:23

122:2,6,7

140:24

141:1

record

5:9,21,23

6:4

registered

16:19

rely

11:18

95:20

122:11,12,18,18

readings

24:24

89:7

6:15,17

7:1,7,9,22

registrations

24:21

remain

10:8

12:6

123:5,8,9,13,14,19

93:12

95:9,13,15

8:49:14,21

12:15

regulated

88:4

remediated63:22

124:9,14,23

127:5

100:11

103:2,4

12:23

13:18

14:16

regulation39:18

remediationl6:1

128:21,22

129:3,6

109:3

111:21

14:18,20

15:2

59:21,21

134:3

30:17

66:23

124:8

130:4,11

134:24

123:17,18

127:10

17:15,16

24:24

regulations

8:18

9:1

132:1

135:18

136:14

127:15

135:4,7

29:1,630:7,931:4

9:7

28:5

29:20

remediationsl7:7

137:8

140:10,10

136:10

137:8

31:8,8,14,2432:8

36:8,11

37:16

38:4

remember44:13

140:13

141:11

139:1,5,8

141:1,17

32:8

33:11

34:16

39:18

52:16

53:15

48:19

102:20

144:1

145:20

141:19

142:13

35:1 36:14

38:16

53:20

54:20

55:10

103:24

105:19

148:5,16

readout

96:6

42:843:11,14

55:21

57:8,14

107:20

reported

1:16

29:14

reads47:7

48:16

54:6 56:1

59:2460:6,9,14,16

removall6:243:5

77:2

137:19

ready78:8

106:3

61:19

62:3,8

66:19

60:24 61:5,14

65:7

44:10,2245:4,6

reporter

14:13

real

19:18

67:18

72:3,11

78:16,19

108:12

62:19

63:6

67:15

90:21

120:6 156:5

really

10:7

11:15

74:

14,17

75:2

78:8

116:14

121:12

67:23,24

68:15,22

reporting

1:17 8:21

17:19

20:8,10

78:15 81:13

86:11

123:3

124:11

69:17

70:15

71:16

9:3

16:4 17:8

27:23

35:10 36:19

90:12 91:5

97:10

125:1

129:12,21

74:13

76:1,19

85:6

29:20

56:9

132:23

Keefe

Reporting

Company

133:21

120:9

154:2

151:12,23

153:13

134:15

149:13

131:7

133:8,14

reports

29:21,21

respondent’s

52:11

153:14,24

154:2

sampled

152:20

135:14,15

136:3,9

62:11

109:15,19

154:8

154:16,18

155:3

samples32:24

33:3

142:9

145:7,9,10

109:23

110:10

response9:4

11:3

right

12:7

14:12

39:23

40:16

61:15

154:7

121:9

122:1

13:10

25:2

30:21

15:14,21

16:10

62:14

63:2,6,24

sections6:236:7,10

135:17

137:14

56:14

89:21

122:4

18:8,9

19:9,19

64:5,8,10,18

65:10

37:16

38:3

61:14

138:2

140:15,18

125:5

133:22

20:16

21:2

24:1,14

66:5

69:15

70:3,5

see20:3

37:9,15

represent

131:6

134:20

24:19

26:12,15

70:24

95:14,18

46:2,5

48:2

68:18

representative

10:9

responses

88:13

27:6,9

34:5

38:20

100:10

101:7

97:19,24

99:13

62:18

85:6,17

responsibilities

42:18,2446:19

104:1

108:5,8,10

100:6101:17

111:13

96:11

101:5

108:4

47:21

48:10,13

108:11,13,21

103:22

104:22

request43:1647:20

responsibility80:17

53:6

55:22

57:12

109:3

112:4

116:1

105:5,7

112:14,20

47:22

48:8

49:14

rest63:8

123:19

58:20

62:22

68:12

116:6,7,10

124:5,5

112:23

113:9,18

51:667:2

125:6

restrictions86:20

72:18

73:20

82:15

124:6,7

125:8,16

113:22

115:11

requested8s:13

115:17

82:2283:8,2484:8

125:20127:17,22

124:1

133:19

126:13

restroom78:3

85:18

87:1

88:2

146:2

147:15,16

140:12

149:19

requesting

30:19

rests

154:2

90:6

101:20

102:3

147:17

148:5

seeing

104:3

115:8

147:9

148:5

result

136:8

107:7

116:2

119:8

sampling9s:8

seekingss:18

requests

30:15

results

57:22

62:10

126:3

142:14

sand

22:7

59:6

seem

61:20

15 1:14

require5l:23

64:4

64:13

89:10,16

147:12

101:17

seen3l:9,1439:4

71:1678:2083:10

123:1

134:18,24

right-handlls:14

satisfaction52:6

48:1271:19

118:17,21

122:6

136:6146:5

Rios2:56:9,990:16

121:12

selected

122:8

125:12

130:4

149:13

152:15

90:23

91:3

102:1,5

satisfactorily9o:3

selectings6:24

143:12

resume

8:6

16:9

102:8

110:14

satisfactory

136:16

134:15

required

25:7

39:22

92:4

118:13,15

119:11

satisfied

123:3

send 64:10

78:20

60:11

63:16,18

retain

112:7

128:13

satisfy

50:14

79:5 83:7

119:3

67:22

68:23

70:5

retained32:2433:3

Road

5:17

18:2

saw47:10

126:11

71:14,2079:5,7

return

96:23

121:15

saying

11:17

43:24

sending

119:4

110:3

118:24

reversal

140:17

Rock

16:15

124:7

132:23

sense

25:9 148:4

124:12

125:17

review

16:24

36:7

Roland

2:6

138:14

149:1

149:18,18

150:19

131:23

133:10

36:1737:1160:24

rolelO9:11

121:7

says24:1241:13

150:21

134:2,7

135:3

61:9

121:9,20,23

room

11:14

44:2

46:23

48:3

sensing

81:14

139:10

141:6,8

122:1,2,6,14

rotated2l:11

53:1455:1761:10

sent 116:7,11

142:2

145:6,12,17

126:22

136:2

rough

27:18

124:4,9

130:3,6

sentence

32:23

requirement

40:16

138:24

149:9,18

rows

44:17

134:6,8,18,22

35:21

54:18

55:6

40:22

83:16

88:4

reviewed

86:6

RPR

1:16

136:10

138:2,3,6

55:23

110:12

116:12,13

122:10

128:20

rule

110:9

154:9

139:20,21

separate

5:7

59:23

119:2

148:2

130:10

ruLes

6:1,3

154:7

school

16:12

September

1:10

5:2

requirements

12:13

reviewer

137:7

ruling

72:17

scientist

91:15,17

5:8

154:4

156:8,14

45:3

50:14

54:13

147:19

scope

5:16

sequence

21:1

55:2

59:22

61:2,4

reviewing

122:7,17

screening

127:15

served

9:17

63:5,20

68:17

125:4

129:6

safe 106:6

136:22

set

25:21

26:22

27:8

69:16

71:13

86:21

140:20

safety44:11

45:12

seal24:5

156:14

34:8

45:10

59:4

121:12

123:3,8,13

Richardsoa2:10

45:15,15

71:9

sealed22:7

156:13

124:8,11

6:11,12,21

7:4,19

74:15

76:12,20

searched

135:13

seventh

77:10

requires

35:24

9:18

10:5

11:10

108:12

112:17,22

140:11

Severability

52:23

61:14

110:9

12:10,18,20,24

130:23

seat 14:12

several

16:20

51:22

134:11

135:6

13:6,9,16,22

14:5

safety-related

45:5

second

37:21

38:2

66:5

68:7 70:24

requiring

57:20

24:20

36:18

50:7

sale

80:15

46:10

55:12

69:18

97:10

148:19

142:9

61:22

62:1

72:10

sarne67:17,19,20

83:17

130:18,22

sewers

133:1

reread

37:8

73:23

76:14

79:11

70:14

74:15

133:6

shade

127:20

residential

146:21

79:13

84:3,6

87:3

126:11

156:9

section

8:20

9:2

sheet

43:15,17

62:1

residual

99:1

88:11

90:8,19

sample

19:24

22:18

17:13

29:17

46:3,4

118:17

Resources92:17

101:23

102:2,7

24:6,1028:233:7

46:5,11,11,20

Shop

17:17

68:7

respect

19:21

29:23

110:16,18

114:3,5

40:2

51:14,16,24

52:21,22

53:13

94:6

50:10

60:13

74:4

114:7

116:23

56:24

63:8,16,18

55:5 57:19

69:4,9

shorthand

156:5,10

75:3

77:18

132:3

117:3,6,9,12,16,20

75:978:20,2479:5

86:19

101:17

shortly35:4

133:5,7,24

141:24

118:11

119:13,14

83:7

89:7,9

95:16

118:2

120:17

show

16:5

49:2

respondent

1:8 2:13

120:3,11

128:10

104:2

107:11

121:4

123:10

53:23

67:9

72:10

6:11

7:12 14:3

140:2,8

145:24

119:3

130:24

127:14,23

129:23

92:2

101:14

Keefe

Reporting

Company

104:20

122:23

103:4

104:12

96:9

101:16,18

state

8:19 9:1

10:6

stupid

78:24

123:1

125:20

107:11

108:4,7,14

112:19,23

115:7

15:1

40:6 45:7

subject

17:20

37:22

126:24

131:5

112:11,19

116:1

117:1

132:4

47:17

48:6 53:16

51:2 70:15

72:4

132:17

147:15

118:17,23

119:3

sounding

25:24

53:21

56:8

68:16

94:6 125:1

148:12

152:16

127:20

135:21,21

source55:9

57:6

69:21

70:12

86:5

submit

30:1,4,14,18

153:1

136:9,11

146:2

66:10

152:14

87:21

91:4

105:17

30:2447:1967:1

showed

106:1

147:16,22

152:14

sources

66:15

94:20

118:9

120:12

74:7,14

87:20

123:16

141:2

152:23

153:4,6

94:23

129:24

130:2

125:5

127:1

149:13

soils

25:16

26:13

southern7l:5,7

131:2

140:16

131:21

137:7

shown

52:11

148:15

62:5

63:22

66:4

121:1

142:1

156:1,5

138:8,10,12

148:17

152:20

70:23

128:24

space

24:8

115:18

stated

36:10

123:18

139:23

140:17

shows

77:13,15

133:1

146:7

speak

39:11

41:7

statement

13:24

submitted

30:12,15

147:10,11

147:15

151:10

speaking

117:19

14:2,4,6

36:9

38:2

31:5

37:18

69:21

sic55:5

152:3,5,9,10

specialist44:11

113:19

129:3

70:1,19

77:11

side98:12

105:4

some

11:6,24

12:12

45:13,15

74:15

134:12

137:24

110:10

118:20

108:16

115:14

16:10

18:12,13,21

76:12,20

120:15

141:17

121:10

122:8,10

149:9

20:19

21:7

22:7,17

specialist’s

130:23

states

16:20

135:16

123:15

135:18,22

sides

99:16

22:19

23:15

24:3

specific

9:2 17:10

135:20

137:11138:15

signature

123:10

24:10

25:6

28:14

24:24

35:19

36:5

stating

148:21

139:8,14

141:3,11

significance

126:21

29:20

30:15,16

36:10,15

37:10

station

80:23

81:18

148:21

significant

20:24

34:22

41:16

42:5

38:3

42:22

53:7

138:20

submitting

142:10

100:16103:6

42:19,21

51:20

57:2482:12,17

status46:12,21

148:4

similar

10:3,5

12:17

55:12

58:23

59:5,7

83:5,994:8,10

stay49:3

subpart54:17,17

27:19,2034:272:2

64:21

66:967:6,11

116:10

144:9,12

staying

11:16

135:14,16

136:3

76:18

80:8

81:5,21

83:23

145:16

153:9

step 90:3,11

119:16

145:3,4,10

simple

153:5

84:13

85:13

86:21

specifically

8:10,14

123:24

132:4

subsection

8:11,15

simply

142:10

88:11

95:10

96:7

23:15,17

30:1

141:10

35:20,21

53:2

55:5

sincel5:1027:22

103:3

111:14

35:1339:1852:20

steps28:1690:1

55:6,12,2356:17

34:20

79:23

80:8

115:11,16

124:5

52:21

56:17

62:7,8

150:3

56:18

57:19,19

91:13

92:1

116:15

127:17

134:11

69:4

71:20

74:11

still42:5

78:9

80:16

60:5

69:10

76:10

117:23

138:18,19

141:1

77:3

80:497:3

99:24

102:15

133:20

sir3l:6

37:13

141:19

142:17

106:22

119:3

105:10

125:21

subsequent3o:13

sit

16:23

34:14

145:23

149:7

132:8

143:12

137:9

149:2

84:12

143:23

115:18

144:14

somebody

11:5,15

146:14

stinger

114:18

144:3

sites

27:19 34:2

12:10,11

29:18

specified

41:13

63:9

stipulated

9:9

subsequently

30:4

58:11

65:17

77:2

51:20

80:18

88:22

63:12

108:15

stir

24:6

30:24

79:20

92:22

93:1

88:23

138:20

specify57:24

145:11

stop

22:8 38:15

substance57:3

127:10

132:19

somehow49:18

spills

82:4

141:12

134:17

146:15

someone

10:2 12:3

spoke

144:11,11

storage

12:2

17:13

substances

94:16

site-specific

128:5

70:11

131:13

Springfield

1:11 2:6

18:21

29:15

31:18

subsurface

94:20

situation

40:1

someplace4l:13

2:12

5:12 156:8

39:23

44:9,10

subtitle

8:21

six

21:10

145:5

something

38:24

squealing

25:19

45:12,14

54:15

subunit

42:17

Sixteen

120:19

41:21

51:20

52:3

26:24

57:11

63:10

65:17

suction

113:6

smell

60:20

81:21

81:3,3,22

112:2,17

SS 156:1

66:17

67:14

74:12

sufficient

129:7

98:13

99:23

115:10

124:1,2

St 5:10,17

74:15

76:1,11,12

136:20

137:18

138:21

134:13,23

135:13

stack

112:5

76:20,24

92:22

139:2

142:12

smelling

98:17

138:10

141:2,8,9

staged

115:16

116:22

120:17

150:4,5

smells

82:8

141:21147:20,21

staining

98:2,7

121:10

127:4,14

suggest

49:21

sniff22:11

148:6

99:13,15,19

130:23

152:7

suggested40:252:7

soil 19:24

21:13,16

sometime50:1

100:19

101:17,18

store

18:22

67:15

suggests

149:10,11

21:18,21

22:3,17

sometimes49:24

102:9

stored

57:2

134:17

summarize

16:11

24:3,6

26:7,8

27:5

111:16

stand

14:10

120:4

Street

1:18

76:6

29:13

33:14

39:14

32:13

40:3

60:19

somewhat72:2

154:24

streets

115:20

50:4

51:1,3

62:19

63:6

65:11

somewhere

19:5

standard

22:14

strictly

123:17

supervisor

12:16

66:9

69:15

75:9

40:17

149:20

142:23

151:6

127:15,24

42:16

124:14

81:3,6,19,22

82:21

soon

42:23

145:22

standards

152:17

strike

18:18

48:14

supervisors

149:17

82:24

83:2 85:7

sorry37:540:20

standing98:5

107:5

strong22:626:9

supervisor’s

11:12

89:795:8,2498:7

52:24

73:14

113:3

118:21

studies

120:24

supplement7:6

99:19,21

100:6,15

101:19

104:7

start

110:22

132:22

stuff24:741:18,19

97:14

101:11

100:19

102:9,11

sort

13:2

28:14

59:5

started

15:10

43:15

49:18

80:10

support

124:3

Keefe

Reporting

Company

140:12,22

149:24

149:21

99:2,2,4,13

101:2

10:15,17,22

11:3

9:14

17:22

21:4,8

supports

138:15

taken40:16

61:15

106:2,4,5,6

107:3

11:19 12:1

17:22

21:14

26:2

59:17

139:15

63:24

64:18

70:5

107:22

108:9

34:8 65:2

73:6,8

81:2

90:3

97:18

suppose

44:23

78:6

97:20

99:7,8

113:11,19

114:3,7

78:15

80:21

81:12

110:22

114:10

supposed40:22

101:11

104:18

114:11,15,15,18

84:18

85:24

127:8

122:23

123:1,9,10

supposedly

149:19

116:1

141:11,17

114:21

115:5

128:20

132:13

123:19

128:1

sure

12:16

15:18

146:2

156:9

147:22

152:6,24

142:10,17

129:21,21,22

25:22

26:6

33:18

taking

125:15

152:5

152:24

testimony’s

50:15

135:14

140:11

54:7

71:12 78:23

152:23

target

94:14

testing

107:4,8

throwing

105:2

88:12,14,15

89:19

talk

17:3,22

41:21

task

80:1

thank

6:13

8:5 18:4

tie

60:17

102:1

106:16

67:11

117:1

130:9

tasks9l:19

53:2361:2375:15

tier5l:16,24

63:23

113:5,7

117:3,5,15

133:13

142:8

technical

11:6,9,11

77:23

79:8,10

66:23

89:9,13,17

117:18

122:5

145:6

11:24,24

12:3,13

90:10

110:15

128:3

130:8

123:11

130:21

talked

43:1

71:4

127:5

119:15

128:12,14

137:17

146:20

133:3,15

137:21

72:3

142:7

145:23

telephone

29:5

132:22

153:16,18

147:2,8

148:13,17

139:9

140:4

146:6

tell 15:21

16:8,23

154:24

155:2,3

149:14,24

150:6

141:12,22

144:17

talking

15:19

18:7

18:9,15,18,23

Thanks

128:14

150:11,18

151:1,5

144:21

145:24

27:1929:23

38:18

20:1721:2422:23

their6:4

18:13

152:9,16

148:1

150:7

53:1

68:9

71:10

26:19 29:2

30:9

121:11,11

tiered

146:19

152:11

76:3

86:8

114:9

31:4

33:2 35:12

therefrom

120:22

till

112:11

surface

22:5 81:5

116:22

117:4,7

36:14

43:13,19,20

thick 59:3

time

6:3 9:23

19:6

98:2

108:16

133:2

132:20

136:5

44:18

52:12,21

thing

45:9

48:20

25:10

35:7

39:4

surprised

11:16

140:14

151:21,24

53:12 54:8,11

56:6

51:8

86:3

123:7

40:21

41:10

43:1

Survey

92:18

talks

118:5

145:15

56:11 57:20

59:20

142:17

44:11

47:10 52:2

suspected8:22

tank

12:2

16:1,2

61:862:9,1264:16 things2l:923:10,11

71:18

81:4

89:6

55:19

56:9

132:23

17:7,13

19:10

67:13

69:4,19,24

29:21,22

41:12

96:16 119:19

133:10

28:14,18,22

29:15

72:7,8

75:22 82:12

42:6

59:7

82:5

120:1

122:9

suspicion

57:3

31:18

39:23 40:5,9

82:20 83:1

85:7

86:21,22

87:6,14

123:23

124:13

sustain74:1

43:544:9,11,22

89:5

92:3,8

95:11

87:15

111:6

126:11

127:13

Sustained

76:16

45:6,8,12,15

59:9

97:21

98:23

99:9

112:20

141:23

128:18

130:10

swear

14:13

90:21

63:6

65:17

67:14

106:11

120:20

142:15

145:18

132:21

137:11

120:6

67:23,23

68:22,24

123:4,21

127:5,18

148:19

153:10

154:23

switch56:10

70:1571:1674:12

128:1,22

129:16

think6:197:128:7

times5l:22

140:7

sworn

14:14,21

74:15

76:1,11,12

132:17

133:19

9:16 12:8

13:2

title

49:20,21

52:22

90:22,24

120:7,8

76:20,24

80:18

134:1,5,23

135:4,5

22:15

25:3,7,10,10

56:18

81:20

82:3,6,9

135:9 137:16

26:5

28:6

34:1

titled

8:15 9:3

85:6,15,19

87:16

140:9 145:23

36:23

38:23

41:3

133:21

T2:5

88:1,4,8

92:22

146:13,17

50:9,15,19

59:16

today

16:23

17:20

table62:10,13

63:1

94:23

96:13,20

tells

121:24

61:21

65:15 67:21

18:7

27:20

29:23

64:13,1666:2,20

97:298:3,4,5

ten

21:15,17

27:22

73:17

78:1,14

66:23

68:10

70:17

66:21

72:1,2,3,8

99:14,16

101:18

34:3

38:23

80:20

81:1

88:19

74:9

76:3 78:15

74:18

124:4

146:1

107:22

110:19

tends

22:16

89:20

106:1

132:20

154:22

147:9,20

148:9,16

111:21,22

113:4

term

27:24

28:4,6

114:24

118:20

together4l:15

148:21

149:3

113:15,15,21

137:1

124:5

125:8,9

told 20:8

34:16,20

151:4

114:5,5

116:22

terms53:5,7,8,11,12

132:12

138:10

38:19

40:22

52:1

tables

123:20

120:17

121:10

88:16

95:7,12

140:3,21

142:19

toluene23:11

63:13

TACO

128:3,4

125:15

127:4,14

100:14

103:1

144:19

151:13,21

64:17

65:3,22

137:17

147:2

130:23

152:7

110:7

117:2

153:11

Tom

14:10

149:6,24

153:7

test

118:24

134:18

third69:2398:4

tons

115:23

take

19:22

21:1,16

tanks

18:14,21

134:24

136:6,8

99:14

tool 110:6

21:17

24:9 28:16

19:15,16

20:8

tested

65:10

Thomas

3:3 8:6

top 32:21,23

48:2

52:11

58:24

59:13

39:24 40:6

44:12

testified

10:23

14:22

14:21

15:3

102:6

104:17

64:8 75:17

78:4,20

44:24 45:4,24,24

60:18

67:5,21

68:4

though

125:19

107:7

152:24

79:5

84:18

85:13

46:15,1848:19

84:5,791:1

102:13

148:2

topiclll:15

87:16

88:9

96:17

54:15

57:11

58:16

120:9

thought

17:24

total

111:23

96:22

97:10,17

58:24

59:2,4,7

testify

11:1

36:24

three

8:8 110:20

toward

101:20,22

101:8

104:14

62:19,22

63:10

74:24,24

114:24

115:13

traces

21:22

127:17

130:23

66:10,17

69:10

testifying

25:8

127:11

track 112:23

132:21

136:18

80:6,10,14,17,21

154:22

threw 22:6

trackhoe

104:22

137:4,6

141:10

84:1994:1797:7,8

testimony9:18

10:3

through6:27:139:5

108:14

115:17

Keefe

Reporting

Company

traffic

105:5

training

93:11

98:6

98:14

transcribed

156:10

transcript

126:15

154:3

156:11

transported

115:22

trapped

24:8

26:2

treated

143:20

trench

124:6

tried

39:8

trigger

27:7

127:16

trowel 108:18

truck 112:6,11

trucks

105:4

115:20

true

73:4 81:17

126:5

156:11

try 128:17

149:7

153:5

trying

106:16

147:13

150:8

tumble

24:6

turn 48:8

101:10

turnabout

13:3

twelve

27:22

34:3

two

8:12 9:4

14:16

21:11,12

22:5

45:24 46:18

50:13

53:7 69:10

74:9

78:2

113:15 114:6

114:24

130:1

140:18 141:23

142:15 144:20

145:18

147:22

150:3

152:18

two-page

44:4

type 23:16

36:5,15

37:10 95:12,23

96:5

97:4

98:7

99:19

103:14

112:1

118:21

134:11

145:6,16

types

17:11

57:1,4

102:24

109:15

126:22

127:11

134:15

145:15

typicaL

23:19

48:20

111:12

typically

22:3

23:20

89:16

91:22

94:3

95:16

103:5

104:3

109:18

112:4

uh-huh42:18

59:19

85:20

unavailable

12:17

uncovering

97:8

under

10:13

69:10

78:979:4115:16

131:12,20

134:3,8

135:17,18,19

136:3,9

139:17

142:8

underground

12:2

16:1,2

17:7,13

18:20

29:15

31:18

44:9

54:15 57:11

65:17

66:10,17

67:14

69:1 74:12

75:24 76:24

92:22

94:16,23 116:22

120:17

121:9

127:4,14

152:7

understand

6:14

15:19

23:21 25:23

29:3

30:10

35:9,12

38:8 44:19

47:3

49:15 51:21

52:12

54:11,22

56:7,12

63:15

68:21 72:16

129:5

130:1

132:16 135:12

137:21 139:9,16

139:19

141:23

142:10 145:24

148:1

150:7,8,9

1:8

understanding

29:16

43:14

57:7

57:13 59:21

60:23

73:16 86:2

88:3

130:21

140:12

understood

35:10

78:17

79:4 88:12

88:21

117:15,19

128:19

140:14

undertake

10:4

88:8

undertaken

45:20

unit

11:6 12:3

93:18

University

16:14,15

92:12

121:2

unless 13:7

25:6

55:9 147:6

unquote

110:8

unrelated

85:11

until 7:15

9:15

10:22

25:6 34:14

34:15 79:1

122:9

138:17 151:18

Unwritten

138:18

update

42:24

upgrade

67:24 70:6

upper

5:17 18:1

101:21

121:15

up-to-date

17:1

use

22:10,15

78:2

82:11

88:18

93:5

100:3

102:17

103:18

108:19

114:12

129:1

136:7

137:9

145:16,16

149:5,7

152:9

used

20:20

24:2

32:19

51:8

53:5

58:1

61:11 80:22

93 :9,19

94:3 106:9

106:24

107:2

114:16 123:18

135:1 136:11

137:1,10

140:22

142:11,23

149:3

useful

7:21

uses

146:18

using 27:11,15

100:5 110:6

114:18 128:4

132:10

148:22

149:4

UST 1:6

54:20

55:8

56:24 57:2

1 93:2,5

101:4 102:18

103:12

105:16

107:14

134:19

USTs 56:9,15

94:19

102: 15

usually 95:10,14,14

100:16

112:3

utility

133:1

utilize

83:18

vacation

11:12

12:18

vacuum

114:18,19

value

127:11

values

95:4

vapor

24:10

136:10

vapors

22:11,17

23:2 24:7,8

45:8

45:10

82:24 99:3,3

106:5

133:1

142:11

varied 104:2

variety 100:10

various

62:14

verbatim

145:9

verify

125:3

versus

5:5 140:20

vertically

115:14

very

6:13

32:22

35:2

1 46:2,4

50:20

107:18 137:3

148

:24

via 101:6

130:22

vicinity

66:11 94:21

99:13

view

10:2

50:2 1

81:21

viewpoint

51:9

violated

36:8,11

37:17

38:4

virgin 118:22

visions 82:8

visit

20:2,13 96:22

visited

20:12

66:12

visual26:10

81:13

81:21

100:18

103:8

115:8

123:17

127:8,14

128:24

visually

60:20

vitae

8:6 9:10

17:1

V0C22:11,20

82:23

VOCs

65:8 93:22

94:9,10

106:18,19

106:

19,2

volatile

23:2,9,12,22

26:4 65:4,22

82:15

93:9,17

103:3

volume 23:6

93:18

vs 1:6

W2:4

wait

7:15 9:15

10:16

waive 14:1,5

walked 106:4

wall 124:5 125:7

walls

115:12

want

7:11,14,20

9:14

12:16

22:23

24:23

25:22

26:6

38:16

52:15

78:13

78:16 87:5,13

88:12,15

89:18

112:13 117:5,15

124:9 130:21

131:3,5

132:16

133:15

136:17

137:4,20

138:23

139:9,16 141:5,12

141:22 142:15,18

145:18,24

148:1

150: 1,7

wanted 43:4,4

83:9

86:24 107:19

117:18 127:21

wasn’t

25:5 35:10

39:9

40:7

75:12

84:14 88:14,14

123:23 124:10

127:22 137:10,11

142:

water

133:2

Waugh

1:16 156:4

way

11:2,7

34:15,17

39:6

55:12

84:17

88:2

1 98:5

127:6

148:11

ways

130:1

web

154:5

Webb

1:12 5:3,4

6:8

6:13,22

7:5,14,23

9:12,19

10:10,18

11:4,21

12:8,22

:4,7, 12,15,

17,2

13:23

14:3,7,11,17

14:19

18:1 25:12

33:13

37:3

50:23

72:13,19,21

73:1,4

73:12,19

74:1,6

75:15

76:16

77:21

77:23 78:4,7,11

79:10

87:7

90:10

90:

13,17,20,23

110:15

118:13

119: 13,15,20,23

120:5

128:12

140:6 144:21

151:16,18

153:13

153:

16,20,23

154:3,16,

Wednesday

111:5

week

29:17 111:21

weight

83:4

welcome

153:19

went

19:23

20:21

25:18

50:2

60:18

84:18

122:10

124: 14

weren’t

116:10

we’ll

8:2

9:19

14:1

14:19

21:1 67:11

78:4

138:16

153

:23

we’re

9:16 17:4

18:6

27:19

29:23 50:21

53:1

63:22 68:9

70:17

72:4 76:3,10

109:10

117:7

122:24

126:7

128:1,3

130:14

132:20

138:22

146:

14,16,

147:9 148:4,9

153:3

we’ve

66:22

124:8

128:9

129:20,23

136:21

142:7

146:6

149:1,2

151:

whatsoever

124:16

WHEREOF

156:13

while

24:7

114:12

138 :20

whole23:10

151:10

wind

98:18

witness

3:2 10:7,7

Keefe

Reporting

Company

$10,000

44:2

#084-003688

156:20

10:11

14:8,13,14

14:20

36:22

51:2

78:10

90:14,21,22

120:2,7

128:11

153:19

156:13

witnesses

5:23

9:24

10:15,16,21

11:1,7

11:9,22

119:18

154:22

woman

47:17

86:6

words

86:19

87:13

work

12:9

17:5

23:16

52:17

64:1,2

69:13

70:9

75:1

79:19,23

89:21

96:18

112:18

122:23

127:24

worked

34:2

58:11

92:22

working

65:16

92:21

97:6

129:22

worth

112:18

wouldn’t

125:16,17

wrapping

111:6

write

112:4

137:5

written

35:24

60:16

124:20

wrong

52:5,6

128

:23

wrote

137:11

149:22

WS197:5 114:22

001

17:16

29:2,6

004

30:8,9

014

32:8

015 32:22

037

31:4

33:14

62:3

046

33:20

047

33:22

048

33:23

051

62:8

64:7

66:20

148:

084-003688

1:16

088

43:11,13

089

43:11

09-87

1:5

5:5

090

43:11

091

43:11

44:7

45:19

67:18

74:13

117:11

092 43:11

48:15

117:

20-day

29:21

30:2

200

104:3

2005

1:13

2006

75:2

2007

19:4,5

2008

9:8

19:3,5

20:15,16

24:15

29:11

32:16

80:3

84: 12,20

20081250

77:4

2009

1:10

5:2,8

24:22

35:1,5

37:9

37:15

40:11

48:11

49:5

67:7

116:16

117:24

121:20

126:4

144:4

156:8

156:

2010

5:18

204

97:13,18

205 97:19,22

206

99:5,10

208

101:10

102:5

210

63:3,21

210(h)(2)

39:20

211 104:16

213

97:18

154:9

25th

156:14

26 154:8

277-0190

1:19

75:2

154:4

78:18

44th

1:18

45-day

29:2

30:4

30:11

31:1,5,23

33:11

34:9,9

35:11

38:4,5,8

47:16

50:11

61:19

62:2

77:8

83:13,13

97:9

109:

12,

12,19,

109:23

122:2,7,11

122:

12,17,18

123:8,14

124:23

128:21

129:3

130:10

134:24

136:14,14

140:9

140:10,13

145:20

148:

54:5

7:13

8:22

9:5

9:14

52:23

55:5,6

55:23

56:6,11,17

57:19

61:9

76:22

99:6,8,9

132:16

133:

14,24

5078:23

79:16

92:23

500

24:12

115:23

503

76:6

51 125:9,20

145:23

148:10

151:4

560

60:10

580

60:10

143:6

xylene

64:18

65:4,22

xylenes

63:13

36:14

40:11

52:21

52:22,24

142:20

11131:8

35:2

36:14

40:11

142:20

112 31:14

113

31:

115

53:2

131:7

118

3:3

15:14

96:24

97:3

97:17

99:23

154:5

12th41:10,22

42:4

97:20

111:3,3

120

3:4

128

1331:2442:248:11

49:5

50:1

98:21

99:24

13th

41:23

43:1

47:12

99:1

143:3

55:20

100:23

102:17

105:15

14th

101:3

111:5

18:12

23:14

79:24

103:11

104:16

115:7

151:

17,20

15th

105:14

150

27:23

1:10

5:2,8

129:22

156:8

170

8:18,24

53:17

53:22

55:2

61:14

78:18

170.560

8:20

132:23

141:24

142:8

143:6

170.580

9:2

56:17

57:19

133:15

137:1

142:1,8

18 9:8

24:15

29:11

32:3,16

60:18

80:3

83:15

84:12

128

:23

18th

20:14

1978

16:14

1985

120:24

1987

16:16

1989

27:21

86:23

92:1

121:1

1991

51:19,22

1994

79:23

1999

15:11

24:3

8:8

9:5

35:15

35:20

36:4,7

46:11

54:2

69:10

96:17

96:19

2023:1465:16

79:24

34:4

8:13

36:4,9

53:24

54:2,9

55:4

55:12

57:15

59:11

70:18

76:22

120: 15

30111:24,24

3149:13

50:2

3150

2:6

8:9,13

37:23

40:12

52:13,20

53:1

57:15

59:12

78:18

3733:13

61:24

62:1

3861:22,24

14:37:138:59:14

15:10

16:24

36:5

43:19

51:16,24

54:2

63:23

66:23

74:11

77:15

89:9

89:13,17

128:3

130:8

134:17

137:17

146:20

147:2,8

148:13,18

149:14,24

150:6

150:11,18

151:1,5

152 :9,

1,000

25:18,24

26:3

26:16,18,20,20,21

26:22,23

27:3,8

84:7

89:2,13

100:12,14

102:23

104:4

71:22,23,24

72:7

74:18

10th

38:14

39:10,12

10,000-gallon

115:4

10-5

1:5

5:5

100

24:12

27:12

81:24

92:23

101.600 6:2

101.628

154:7

101.632

6:2

1021

1:11

2:12

1:18

110

3:3

31:8

35:2

yeah

12:20

13:4,12

13:16

18:5

19:13

20:14

25:18

28:20

34:22

35:20

37:24

41:8

43:18

45:5

49:9,13

51:13

54:3

65:24

69:1,1

78:4

80:18

81:4

87:17

88:19

89:4

112:22

114:22

115:3

117:14

118:4,19

year

27:22

34:3

years

18:12

34:4

65:16

120:19

129:22

151:20

Yep

71:24

yesterday

12:21

Ziploc22:7

108:18

112:4

zone

134:18

64:5

9:15

67:10,12

68:3,14,23

69:3,19

71:22

72:8

73:11

74:5,8,16,18,2

75:3,7,14

76:19,22

77:4,13

99:7

113:14,17

78:23

618

1:19

62226

1:18

62705-5776

2:6

62794-9276

2:12

4:5

44:4

8:17,20

56:5,6

61:9

76:22

97:21

111:1

113:2

121:20

132:15

133:8

136:10

4:30

154:11

40111:24

40-hour

92:19

400

135:15

418:17,20,23

53:16

53:21

55:2

60:9

_______

74:6

5:18

9:15

75:18,23

76:9,22

77:5

113:15,16,17

731

37:23

732

37:23

734

8:10,14

37:23

39:21

51:17,18,23

52:13,21

53:2

65:6

78:17

101:7

129:12

131:6,13

Keefe

Reporting

Company

135:12,14 136:3

142:17 143:9,11

145:7

734.110

53:13

734.115 132:8

734.210 8:15 40:13

54:16 57:16 59:12

60:4 63:4,5 64:4

143:3 144:15,17

734.210(a)(5)

55:24

734.210(b)(5) 56:2

734.210(h) 108:10

734.400 135:15

734.425 135:21

136:9

734.505 8:11 35:18

35:20

7342.10

55:5

4:6

93:3

79 3:3

84:3,3,4,4,5,6 7:13

9:9,14 76:22 92:2

823 5:17 18:1,4

121: 15

87 3:3

89 126:16

9 4:3,3,4,4,5,6,6 5:9

24:22

34:15,23

35:1,5

37:9,14

39:5 40:11

67:7

101:11,14 102:5,9

116:16 117:24

124:20 126:4

130:16 142:19

143:16 144:4

9th 39:8

9:19 1:10 5:2

90 126:17

913:3

Keefe Reporting

Company