| | - CLERK’S OFRCE
- Exhibits
- Briefing Schedule
- Respectfully submitted,
- APPEARANCE
- APPEARANCE
- Company.
- APPEARANCE
- Vogue Tyre & Rubber Company (“Vogue Tyre”), by its attorneys, pursuant to 415
- final decision and to require IEPA to approve Vogue Tyre’s reports.
- were 10,000 gallon gasoline USTs.
- subject to reimbursement by the UST Fund.
- 5. As a result of the determination that some contamination resulted from the
- action is eligible for reimbursement from the UST Fund, and (b) begin
- State Fire Marshal
- not contain fuel which is exempt from theMotor Fuel Tax Law;
- The following, tanks are also listed for this site:
- Your application indicates that there has not been a release
- ILLINOISENVIRONMENTAL
- PROTECTION AGENCY
-
- LUST Incident *942751• LUST Tech File
- accordance with 35 IAC, Section(s) 732.202, 732.307, 732.305,
- 732.400, 732.402, 732.403, 732.404 and the Illinois Environmental
- 3. Quarterly monitoring of all monitoring wells for oieyear; and
- impacted aoi1~remaining along the southern property• boundary.
- ~erely,
- BUr Filson, ManagerNorthern Unit
- BF;TL;psk
- Appendices: 1
- Appendix 1
- 312/814—3620
- AgencyDivision of Legal Counsel
- be served by messenger delivery before the hour of4:30 p.m. to
|
CLERK’S OFRCE
ILLINOIS POLLUTION CONTROL BOARD
May20, 2004
STATE OF
ILLINOIS
Pollution Control Board
VOGUE TYRE & RUBBER
COMPANY,
)
)
Petitioner,
)
)
v.
)
PCB 96-10
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
HEARING
REPORT
On May 12, 2004, a hearing was held in the above-captioned matter at the James R.
Thompson Center, 100 West Randolph Street, Room
11-512, Chicago, Illinois.
Attorney Jeffrey
Schiller appeared and participated on behalfofthe petitioner.
Attorney Joim Kim appeared and
participated on behalfofthe respondent.
Witness Credibility
No witnesses testified on behalf ofeither party.
Exhibits
The parties offered a stipulation at the hearing.
That stipulation was read into the record.
Respondent offered page 2 from a letter to
Garry Goyak that was accepted into evidence as the
respondent’s exhibit number
1.
The parties also
offered petitioner’s petition for review ofJEPA
final decision, filed July
18,
1995.
The petition for review was accepted into evidence as hearing
officer exhibit number 1.
Briefing Schedule
A
briefing schedule was discussed and agreed to at the hearing.
Petitioner’s post-hearing
brief is due to be filed on or before June 18, 2004.
Respondent’s post-hearing brief is due to be
filed on orbefore July 23, 2004.
Petitioner’s reply, if any, is
due to be filed on or before August
17, 2004.
Public comment is due to be filed on orbefore June 1,
2004.
2
IT IS SO
ORDERED.
BradleyP. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
Letter to Garry Goyak
Page 2
1.
Reinstallation of
a groundwater monitoring well
in
the
area
of
MW-2
which
was
destroyed
during
excavation
activities;
2.
Installation
of
a
groundwater
monitoring
well
in
the
alley in close proximity to borings B-13-16;
3.
Quarterly monitoring
of
all
monitoring
wells
for
one
year;
and
4.
Installation of a passive vent system in the area of the
southeast corner of the building in the vicinity of the
impacted
soils
remaining
along
the
southern
property
boundary.
For
purposes
of
appeal,
this
constitutes
the
Agency’s
final
decision regarding the above matters.
Please see Appendix
1 for
an owner or operator’s appeal rights.
If you have any questions please contact Tara Lanthért of my staff
at 217/782-6761.
Sincerely,
Bur Filson,
Manager
northern Unit
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
BF:TL:psk
Appendices:
1
bcc:
Bur Filson
Division
Tara Lambert
Origi~i1
Do
tiot
Remove
fl~VE~1
BEFORE
THE ILLINOIS
POLLUTION
CONTROL BOAk)
JUL
18
1995
VOGUE TYRE
&
RUBBER COMPANY,
an
)
IPOLLUT~NCO~oA~J
Illinois
corporation,
)
)
Petitioner,
)
)
PCBNo.96-____________
v.
)
(UST
--
Appeal)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
)
Respondent.
)
NOTICE OF
FILING
TO:
illinois Pollution
Control
Board
Attn:
Ms.
Dorothy
Gunn,
Clerk of the
Board
State
of Illinois Building
100
West Randolph
Street
-
Suite
11-500
Chicago, illinois
60601
Illinois
Environmental Protection
Agency
Attn:
Division of
Legal
Counsel
2200 Churchill Road
Post Office
Box
19276
Springfield,
illinois
62794
PLEASE TAKE NOTICE
that on July 18,
1995,
we
filed with
the
Clerk of the
Illinois
Pollution Control Board,
the appropriate filing
fee
($
75)
and
Vogue
Tyre
and
Rubber
Company’s Petition for Review of JEPA
Final
Decision,
a
copy
of which is hereby
served
upon
you.
Pursuant
to
35
III.
Admin.
Code
§
101.103(d),
this
filing is
submitted
on
recycled
paper.
q
XHIBIT
~J.o-
•
-t
Respectfully
submitted,
VOGUE
TYRE
&
RUBBER
COMPANY
Da~d: July t8,
1995
By:____________________________
One of
its
Attorneys
Edward
J.
Copeland
Paul E.
Lebner
Peter C.
Wannan
Schuyler,
Roche &
Zwimer
130 E.
Randolph
Street
Chicago,
illinois
60601
(312)
565-2400
BEFORE ThE
ILLINOIS
POLLUTION CONTROL
VOGUE
TYRE &
RUBBER
COMPANY,
an
)
Illinois corporation,
)
)
Petitioner,
)
PCBNo.96-
‘0
v.
)
(UST--
Appeal)
IWNOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
)
Respondent.
)
APPEARANCE
I
hereby file my
appearance
in
this
proceeding
on behalf of Vogue Tyre
& Rubber
Company.
Dated:
July 18,
1995
~
~
Edward
J.
Co$rand
Edward
J.
Copeland
Paul E. Lehner
Peter C.
Warman
Schuyler,
Roche &
Zwirner
One
Prudential Plaza
Suite 3800
130
E.
Randolph Street
Chicago,
illinois
60601
(312) 565-2400
RECEIVED
BEFORE
THE ILLINOIS POLLUTION
CONTROL BO~
JUL
18 1995
VOGUE TYRE &
RUBBER COMPANY, an
)
POLLUTh)N
CONTROL
BOA.T~D
Illinois
corporation,
)
Petitioner,
)
)
PCBNo.96-
~()
v.
)
(UST--Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Respondent.
)
APPEARANCE
I
hereby
file
my
appearance
in
this proceeding on behalf of Vogue Tyre
& Rubber
Company.
Dated:
July
18,
1995
____________________________________
Paul
E. Lehner
Edward
J.
Copeland
Paul E.
Lehner
Peter C.
Warman
Schuyler,
Roche &
Zwirner
One Prudential Plaza
Suite
3800
130
E. Randolph
Street
Chicago,
illinois
60601
(312)
565-2400
RECEIVhU
BEFORE THE
ILLINOIS POLLUTION CONTROL BOA
~I)
JUL
181995
STATE OF
ILLINOIS
VOGUE
TYRE &
RUBBER
COMPANY, an
)
~iiON
CONTROL BOAY~I)
Illinois corporation,
)
)
Petitioner,
)
)
PCBNo.96-________
v.
)
(UST
--
Appeal)
ILLINOIS ENVIRONMENTAL
)
1~ROTECTION
AGENCY,
)
)
Respondent.
)
APPEARANCE
I hereby
file my
appearance
in
this
proceeding
on
behalf
of Vogue Tyre
& Rubber
Company.
Dated:
July
18,
1995
1~
Peter C.
Warman
Edward
J.
Copeland
Paul E.
Lehner
Peter C.
Warman
Schuyler,
Roche &
Zwirner
One Prudential Plaza
Suite 3800
130 E.
Randolph Street
Chicago,
Illinois 60601
(312)
565-2400
JUL
1
8
1995
STATE OF
ILIJNQ,S
CONIPSOL
BEFORE THE
ILLINOIS
POLLUTION CONTROL
BO~
VOGUE TYRE & RUBBER
COMPANY,
an
)
Illinois corporation,
)
)
Petitioner,
)
)
PCBNo.96-____________
v.
)
(UST
--
Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
)
Respondent.
)
PETITION FOR
REVIEW
OF
IEPA FINAL DECISION
Vogue Tyre
&
Rubber
Company
(“Vogue Tyre”),
by its attorneys,
pursuant to 415
ILCS
§
5/57.8(i)
hereby
petitions
the Illinois Pollution Control
Board
(the
“Board”)
for
a
hearing to contest a final decision by
the
Illinois Environmental Protection Agency
(“JEPA”).
JEPA
has
“denied” various
reports
submitted
to it by Vogue Tyre and has declined
to issue
a
no
further
remediation
letter.
Vogue
Tyre’s reports
concern
remediation of contamination
from underground
storage tanks
(“USTs”)
formerly
used
to store gasoline at
a
facility
which
until
recently was
owned
by Vogue Tyre.
Vogue
Tyre requests
the
Board
to reverse IEPA’s
final decision and to
require IEPA
to
approve Vogue Tyre’s
reports.
In
support of
its
Petition,
Vogue Tyre
states
as
follows:
1.
Until July 7,
1995,
Vogue
Tyre
owned
the facility
at 4801
Golf Road
in
Skokie,
Illinois.
The facility,
which is
located
in Cook County,
has been
assigned
number
2-
02 1982
by the Office of the illinois State Fire Marshall
(“OSFM”).
At various times,
a total
of four USTs have
been located
at
the
facility
and
registered
with OSFM.
One UST was
a
8,300 gallon gasoline
UST,
another UST
was a
560 gallon used
oil UST,
and two
USTs
were 10,000 gallon gasoline USTs.
2.
In
1993,
Vogue Tyre
reported
releases
from the
8,300
and
560
gallon USTs
located
at the
facility.
These releases
were assigned
Incident No.
93-1858 by
the
Illinois
Emergency Management Agency (“IEMA”).
On May
6,
1993
the
560 gallon used
oil UST
was
removed
from the facility.
On
August 26,
1993
the
8,300 gallon gasoline
UST
was also
removed.
Vogue Tyre
sought,
and received,
reimbursement
from
the UST Fund for the
corrective
action in
1993.
In approving
the eligibility of the
1993
corrective
action,
OSFM
indicated,
on
January
4,
1994,
that Vogue Tyre
“may be eligible to
seek
payment of
corrective
action
costs
associated
with
the
two
10,000 gallon gasoline
tanks if it is
determined
that there has
been
a release
from one or
more of these tanks.”
A
true
and
correct
copy of the
January
4,
1994
determination letter is attached
hereto as
Exhibit A
and
incorporated
herein
by reference.
3.
On
December 7,
1994,
Vogue Tyre reported
releases of gasoline
from
the
two
10,000 gallon gasoline USTs on the facility to IEMA.
IEMA
assigned Incident No.
94-2751
to
these releases.
On
February 23,
1995,
after
this notification to the IEMA
and
in
compliance with 415
ILCS
§
5/57.7(e)(1),
Vogue
Tyre commenced corrective
action.
This
corrective
action is
substantially completed,
although some final corrective
action is ongoing
at the
time of
filing
of this Petition.
4.
During
corrective
action it became apparent that a
certain
amount of the
gasoline contamination
resulted
from the
8,300
gallon UST
that was removed
in
1993.
Although
much of the
contamination
was
located
in the area where the
10,000 gallon
-2-
gasoline
USTs were
located,
the
8,300 gallon
UST
had
connected
underground
product
lines
which
extended into
the
contaminated area.
In
addition,
some
gasoline contamination
(which
was separate
from the
other
contamination) was located
on the
opposite
side of the facility
from the
10,000 gallon USTs.
This contamination
could
not have
resulted
from the
10,000
gallon
USTs
and
must
have
resulted from
the
8,300 gallon
UST.
As mentioned
above,
corrective
action
in regard
to
the
8,300
gallon
UST
has already
been determined
to be
subject to reimbursement by the
UST Fund.
5.
As a result of the
determination that some contamination
resulted
from
the
8,300 gallon
UST
(and
thus
related
to
Incident No.
93-1858), Vogue
Tyre
submitted various
reports
to
IEPA
under
both
the 94-2751
and
93-1858 incident numbers.
On
April
3,
1995,
IEPA received
Vogue Tyre’s
20-Day Report,
45-Day
Report,
Site Classification
Completion
Report, and
Corrective Aátion Plan. IEPA received
Vogue Tyre’s
Corrective Action
Completion Report on May 2,
1995.
On
May
19,
1995,
IEPA
received
Vogue Tyre’s
Site
Classification
Work Plan
and
Budget.
6.
On
June
15,
1995,
by
letter
sent via
telecopier,
IEPA
“denied”
Vogue Tyre’s
reports,
declaring
that Incident No.
94-275 1 is
“not
subject, to 35
Illinois
Administrative
Code
(IAC),
Part
732
or
35
IAC,
Part
731.”
In
the June
15 letter,
IEPA
further declared
that the
decision was JEPA’s
“final decision” for the
purposes
of
appeal.
A true
and
correct
copy
of the
JEPA
Final Decision
Letter
is
attached
hereto as
Exhibit B and
incorporated
herein by reference.
In a
telephone
conversation
on July 19,
1995,
Bur Filson of
JEPA
indicated
that
Vogue Tyre’s reports
were
“denied”
because
the
contamination at issue
was
associated
with
tanks
removed in the
mid-1980s.
-3-
7.
JEPA’s final
decision is wrong.
A
certain amount
of
the release
of gasoline at
the
facility
resulted
from
the
8,300 gallon gasoline
UST
that
was
removed
in
1993.
The
release
was duly
reported,
and
corrective action
in
regard
to that UST has
already
determined
to be
reimbursable
by the UST Fund.
Thus,
the
cOsts
of Vogue Tyre’s
recent
corrective
action
to remediate contamination resulting
from
the
8,300
gallon UST
should be
reimbursable.
Moreover,
because
the
two
10,000
gallon USTs were
properly registered
on
May
6,
1986
(prior to their
removal),
a February
7,
1993
OSFM
administrative
order
indicating
that
the
two
10,000
gallon USTs
“are
not or
are
no longer registrable”
because
of their removal date
has
no
application because
the
two USTs had
already
been registered
prior
to
that
date.
Therefore, the
costs
of Vogue Tyre’s
recent
corrective action to remediate
contamination
resulting from the
10,000 gallon USTs should
also
be reimbursable.
8.
This is Vogue
Tyre’s
second appeal to the
Board
relating to the facility.
With
respect to
Incident No.
94-2751, Vogue
Tyre
submitted to OSFM an Eligibility
and
Deductibility Application
dated
December 27
and
28,
1994.
In the application,
Vogue
Tyre
indicated
that all USTs at the facility had experienced releases.
In a
February
1,
1995
letter,
OSFM responded to the application
by citing
415
ILCS
§
5/57.9 and
430
ILCS
§
15/4 and
noting
that the two
10,000
gallon USTs
were ineligible
because
they were removed prior to
•
September
24,
1987.
On
March 6,
1995,
Vogue
Tyre appealed
OSFM’s
February
1.
determination,
and
that appeal was assigned No.
95-78.
9.
Since
making
its
proper notifications to
IEMA,
Vogue Tyre has undergone
substantial corrective
action.
This
corrective action
is consistent with the remediation
-4-
purposes
of both
the Illinois
Environmental Protection Act
and
the
Illinois
Gasoline
Storage
Act,
and Vogue
Tyre’s
corrective
action costs
should
be reimbursed
by
the
UST Fund.
10.
Therefore,
the main issue before the
Board
is
whether IEPA
erred in
denying
Vogue
Tyre’s
reports.
Since
it has
already
been
determined
that, corrective
action in regard
to
the
8,300 gallon
UST is reimbursable,
one sub-issue is what
costs
of the
recent
corrective
action related to
that UST.
A
second
sub-issue is whether
JEPA
erred
in denying Vogue
Tyre’s reports
because
the
two
10,000
gallon USTs were removed in the mid-1980s.
11.
Vogue Tyre
requests a
hearing
before the
Board
in Chicago,
and
requests that
the
Board:
(i)
‘
determine that IEPA’s final
decision of June
15,
1995
was erroneous
and
order
IEPA
to approve the
various
reports submitted
by Vogue
Tyre to
IEPA; and
(ii)
order
IEPA
to (a)
acknowledge that
all
of Vogue Tyre’s corrective
action is eligible for reimbursement from
the UST
Fund, and (b) begin
processing Vogue Tyre’s
reports
so that Vogue Tyre can
be reimbursed
for the costs of its corrective
action.
•
Respectfully submitted,
VOGUE TYRE
&
RUBBER
COMPANY
Dated:
July
18,
1995
By:
One of
its
Attorneys
-5-
Edward
J.
Copeland
Paul E.
Lehner
Peter C.
Warman
Schuyler,
Roche &
Zwirner
One Prudential
Plaza
Suite
3800
130 E.
Randolph
Street
Chicago,
illinois
60601
(312) 565-2400
-6-
Dlv~s~on$
ARSON
INVESTIGATION
2177824855
BOILER and
PRESSURE
VESSEL
SAFETY
217.7822696
FIRE PREVENTION
217.785-4714
MANAGEMENT SERVICES
217.752.9889
•
INFIRS
217.755-1016
PERSONNEL
217-755-1009
PERSONNEL STANDARDS
and
EDUCATION
•
217.782.4542
PETROLEUM
and
CHEMICAL SAFETY
•
217.785-5278
PUBLIC
INPORMATION
217.785-1021
Office
of
the
Illinois
State
Fire Marshal
CERTIFIED MAIL
—
RECEIPT REQUESTED # P 435 173 603
January 4, 1994
Jerry Vestweber
Vogue Tyre Center
4801
W.
Golf. Rd.
Skokie, IL
60077
In
re:.
Facility
No.
2——021982
TEMA
Incident
No.
93—1858
Vogue
Tyre
Center
4801
H.
Golf
Rd.
Skokie,
COOK
CO.,
IL
Dear
Mr.
Vestweber:
The
Reimbursement
Eligibility
and
Deductibility
Application,
received
on
12—21—93
for
the
above
-referenced
occurrence
has
been
reviewed.
The
following
determinations
have
been
made
based upon this review.
It
has
been
determined
that
you
are
eligible
to’
seek
corrective
action
costs
in
excess
of
$10,000.
The
costs
must
be
in
response to the occurrence referenced
above
and associated
with
the following tanks:
Eligible Tanks
Tank
#3
—
8,300
gallon
gasoline
Tank
#4
—
560 gallon used oil
The
Illinois
Environmental
Protection
Agency
will
send you
a
packet of Agency
billing
forms
for submitting your request
for
payment.
Generil
Oflic.
217.7550969
1035
Stevenson
Drive
•
Springfield,
Illinois
62703-4259
An
owner
or
operator
is
eligible
to
access
the
Underground
Storage Tank Fund If the eligibility
requirements
are
satisfied:
1.
Neither
the
owner
nor
the
operator
is
the United
States
Government;
2.
The
tank
does
not
contain
fuel
which
is
exempt
from
the
Motor
Fuel
Tax
Law;
3.
The
costs
were
incurred
as
a
result
of
a
confirmed
release
•
of
any
of
the
following substances:
NFue1U,
as
defined
in
Section
1.10
of
the
Motor
Fuel
Tax
Law
•
Aviation fuel
Heating
oil
Kerosene
Used
oil,
which
has
been
refined
from
crude
oil
used
in a motor
vehicle,
as
defined
in
Section
1.3
of
the
Motor
Fuel
Tax
law.
4.
The
owner,
or
operator
registered
the
tank
and
paid
all
fees
in
accordance
with
the
statutory
and
regulatory
requirements
of
the
Gasoline
Storage
Act.
5.
The
owner
or
operator
r.otified
the
Illinois
Emergency
Management
Agency
of
a
confirmed
release,
the
costs
were
incurred
after
the
notification
and
the
costs
were
a
result
of
a
release
of
a
substance
listed
in
this
Section.
Costs
of
corrective
action
or
indemnification
Incurred
before
providing
that
notification
shall
not
be
eligible for payment.
6.
The
costs
have
not
already
been
paid
to
the
owner
or
operator
under
a private
insurance
policy,
other
written
agreement, or court order.
7.
The costs were associated with “corrective action”.
This
constitutes
the
final
decision
as
It
relates
to
your
eligibility and
deductibility.
He reserve
the
right
to
change
the deductible determination
should additional
information that
would change the determination become available.
An underground
storage
tank
owner or operator may
appeal
the decision
to the
Illinois
Pollution
Control
Board
(Board),
pursuant
to
Section
57.9
Cc) ‘(2).
An
owner
or
operator
who
seeks
to
appeal
the
decision
shall
file
a
petition
for
a
hearing
before
the
Board
within
35 days of the date of mailing of the final
decision
(35
Illinois Administrative Code 105.102(a)
(2)).
For
information
regarding
the
filing
of
an
appeal,
please
contact:
Dorothy Gunn, Clerk
Illinois Pollution Control
Board
State of Illinois Center
100 Nest Randolph, Suite 11—500
Chicago, IllInois
60601
•
(312)814—3620
The
following,
tanks
are
also
listed
for
this
site:
Tank
#1
—.
10,000
gallon
gasoline
Tank
#2
—
10,000
gallon
empty
Your
application
indicates
that
there
has
not
been
a
release
from
these
tanks.
You
may
be
eligible
to
seek
payment
of
corrective
action
costs
associated
with
these
tanks
if
it
is
determined
that
there
has
been
a release
from
one
or
more’ of
these
tanks.
Once
it
is
determined
that
there
has
been
a
release
from
one
or
more
of
these
tanks
you
may
submit
a
separate
application
for
an
eligibility
determination
to
seek
corrective action costs associated with this/these tanks.
If
you
have
any
questions
regarding
the
eligibility
or
deductibility
determinations,
please
contact
Kim
Harms
at
(217)785—1020 or (217)785—5878 between 3:00
—
4:00 p.m.
•
~
James
I.
McCaslin
Director
•
Division of Petroleum and Chemical Safety
JIM: KH :bc
cc:
IEPA
Facility File
#5664
•
.
JUN—Th95
THU
11:17
IL
EPA-BURE~LJOF
LAND
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
P.O.Box
19276
2200
ChurchIll Road
Springfield, IL
62794-9276
•LEAKIN
C
UNDERCR0 UND
ST0RA GE
TANK
SECTI
DATE:
(a
—a
c~-..9
ç-
TIME:
NAME:
_______
FIRM or
LOCATION:
PLEASE
OELNER
THESE
PAGES
INCLUDING THIS COVER PAGE TO:
~cIJI~IdL~~
C0P~L1&11~
COMPANY PHONE NUMBER:.
FAX
NUMBER:
MEMO:
—
-.
$?e
~-
‘~
300
OFFICE
PHONE NUMBER:
2r~ 7~t-6’4I
IFYOU
DID NOT
RECEIVE ALL OF
THE
PAGES OR PAGES
ARE
ILLEGIBLE.
PLEASE
CONTACT
US AT ONE OF
THE FOLLOWING
NUMBERS AS SOON AS POSSIBLE.
EPA
OFFICE
USE
ONLY
OUR TELECOPIER
NUMBER
15(217)524.4193
OPERATORS PH~NE
NUMBER IS (217)524-4648
PR(NT~’D
QN
RECYCLED
PAPER
O
Return to originator after sending
0
Discard
FAX
NO.
2175244193
F.
01
JUN-15—95
THU
11:17
IL
EPA-BUREAU
OFLMD•
FAX
NO.
2175244193
FJI2
St
ate
ofillinois
•
•
ENVIRONMENTAL PROTECTION AGENCY
Mazy
A. Gade, Dkcctor
2200ChurchillRoad,Springfield,,
1162794-9276
217/782-676.
Vogue
Tyre
&
Rubber
Company
Attn:
Carry
Gôyak
4801 West Golf Road
Skokie,
IL 60077
Re:
LPC# 0312885218
--
Cook
Skokie/Vogue Tyre & Rubbbr
Co.
4801 W. Golf Road
LUST Incident *942751
•
LUST Tech File
Dear
Mr.
Goyak:’
The Illinois Environmental Protection Agency is in receipt of the
following
reports:
20,-Day
Report,
45-Day
Report,
SiLe
Classification Completion Report, and the Corrective Action Pifin
dated March 27,
1995 and received April
3
1995;
the Corrective
Action Completion Report dated April 26, 1995 and received May
,
1995;
and
the
Site Classification Work Plan and Budget dated M~y
16, 1995
and
received May 19,
1995.
Based on the information currently in the Agency’s possession,
the
Agency
deems
this
incident
not’
subject
to
35
I1lino~s
Administrative
Code
(IAC),
Part
732
or
35
IAC,
Part
731.
~ro
technical review
of
the
above
documents
has
been
performed
in
-
accordance with
35
IAC,
Section(s)
732.202,
732.307,
732.305,
732.400,
732.402,
732.403, 732.404 and the Illinois Environmental
protection Act, Section(s) 57.~
and
57.7.
Therefore, the Agency ~s
notifying the owner or operator that the following reports are
being denied:
20-Day Report,. 45-Day Report,
Site Classificaticn
Completion
Report,
Corrective
Action
Plan,
Corrective
Acticn
Completion Report,
and
Site Classification Work Plan
and
budget.
However,
the
Agency
did
conduct
a
review
of
the
informaticn
submitted to determine site remediation adequacy.
The
Agency has
concluded that further remedial activities should be performed,
ard
recommends
the
following
to
ensure
that
the
Groundwater
Standards/Objectives
are
not
~xceeded
and
the
remaining
soil
contamination is addressed:
l~cyc1.~
~qer
JUN—15—95
THU
11:IB
IL
EPA-BUREAU
OF
LAND
FAX
NO.
2175244193
F.03
Letter
to
Garry
Goyak
Page 2
1.
Reinstallation
of
~
groundwater
monitoring
well
in t~ie
•
area
of
MW-2
which
w~a destroyed
during
excavati
Dli
activities;
2.
Installation
of
a’ groundwater monitoring well
in
tae
alley in, close proximity to borings B-13-16;
3.
Quarterly monitoring of
all monitoring wells
for oie
year; and
4.
Installation of a pasBive vent system in the area of tae
•
southeast corner of the building in the vic~inityof tru~
impacted aoi1~remaining
along
the southern property
•
boundary.
For
purposes
of
appeal,
this
constitutes
the, Agency’s
fin~:.
decision regarding the above matters.
Please see Appendix 1 fr
an owner or operator’s appeal rights.
If you
have
any questions please contact T&ra La.mbert of my
8taff
at 217/782-6761.
~erely,
BUr Filson, Manager
Northern Unit
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
BF;TL;psk
Appendices:
1
I
JUN—15—95
THU
11:18
IL
EPA—BUREAU
OF
LAND
FAX
NO.
2115244193
F,04
Appendix
1
An
underground
storage
tank
owner
or
operator
may
appeal
this
final
decickin
‘to
the
Illinois
Pollution
Control
Board
(Board)
pursuant
to
Section
51.8(1
and
Section
40
of
the
Illinois
Environmental
Protection
Act.
An
owner
or
operator
who
seeks
to
appeal
the
Agency’s
decision
may,
within
35
days aftr
the
notification
of
the
final
Agency
decision,
petition
for
a
hearing
befote
the
Board;
however,
the
35—day
period
may
be
extended
for
a
period of
time
not
to
exceed
90
days
by
written
notice
provided
to
the
Board
from
the
applicart
and
the
Agency
within
the
35—day
Initial
appeal
period.
For Information regarding the
filing
of
an
appeal,
please
contact:
Dorothy
Gunn,
Clerk
Illinois
Pollution
Control
Board
State
of
Illinois
Center
100 West Randolph1
Suite 11—500
Chicago,
Illinois
60601
312/814—3620
For
Information
regarding
the
filing of an extension,
please contact:
Illinois
Environmental
Protection
Agency
Division
of
Legal
Counsel
2200
Churchill
Road
Post
Office
Box
19276
Springfield,
IllInois
62794—9276
217/782—5544
I
I
CERIIFICATE
OF SERVICE
I,
Peter C.
Warman,
one of the
attorneys for
Vogue
Tyre
& Rubber
Company,
certify
that I caused a copy
of the foregoing Petition for Review of IEPA
Final Decision
to
be served by
messenger delivery before the hour of4:30 p.m.
to
Illinois Pollution Control
Board
Attn:
Ms.
Dorothy
Gunn,
Clerk of the
Board
State
of illinois Building
100
West
Randolph
Street
-
Suite
11-500
Chicago, illinois
60601
and
by
United
States
Mail,
first class
postage prepaid,
to
illinois Environmental Protection
Agency
Attn:
Division of
Legal
Counsel
2200
Churchill
Road
Post
Office Box
19276
Springfield, Illinois
62794
on this 18th
day
of July,
1995.
ILLINOIS
POLLUTION
CONTROL
BOARD
James A. Thompson Center
•
Suite 11-500
•
100 West Randolph Street
•
Chicago, Illinois 60601
312-814-3620
•
Fax 312-814-3669
7
GOVERNOR
Honorable Jim Edgar
4,
Type
of Case:
ULS~
~~_sl’
Case Number:
~
9
(~,
-
i
CHAIRMAN
Claire A.
Manning
Springfield
MEMBERS
Emmett
E. Dunham
II
Elrnhurst
Aonald
C.
Flernal
DekaIb
G. Tanner Girard
Graflon
Marili McFawn
Palatine
J. Theodore Meyer
Chicago
Joseph C.
Vi
Park
Ridge
Caption:
Check:
/
U
~—Cw?~-
3
4.-
-c~
(_)
1~
~.
6’A
Check No:
~
(~,
Cash:
___________
Received by:
~
Received
by:
(Reception
~
Desk)
~
SPRINGFIELD
OFFICE
600 South
Second Street
Suite
402
Springlie!d,
Illinois 62704
-
217-524-8500
IS
F
—
—.- —
.——-.—.———..—...———. S.——.•._
•. ...~
~
—
—.5..... ~
...._..&.,..?:.tvu~
~
DATE
CHECK
NO.
SCH,UYLER, ROCHE & ZWIRNER
07/17/95
040376
A PROFESSIONAL CORPORATION
ONE
PRUDENTIAL PLAZA, SUITE
3800
American National Bank
2-77
Jers
130 E.
RANDOLPH
ahlJTflI5I C,~injwiyufChicagn
710
CHICAGO, IL 60601
Chic;ugo. Illinois
Wb9()
F
PAY
EXACTLY
$75.00
DE
SEVENTY
FIVE
AND
****************************************************
00/100
DOLLARS
10 THE
STATE
OF
ILLINOIS
POLLUTION
CONTROL
BOARD
ORDER OF
Date:
