f~c~vE~r1
BEFORE
THE ILLINOIS
POLLUTION CON~OLBOAk)
JUL
18
1995
STATE C)~
LLI’~Q~S
VOGUE
TYRE
&
RUBBER COMPANY,
an
)
POLLUTION
CONTROL
Illinois corporation,
)
)
Petitioner,
)
)
PCBNo.96-
w
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 IEPA 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.
Respectfully
submitted,
VOGUE
TYRE
&
RUBBER
COMPANY
Dated:
July
18,
1995
S
By:_____________________________
One of its
Attorneys
Edward
J.
Copeland
Paul E.
Lehner
Peter C.
Warman
Schuyler, Roche &
Zwirner
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-
‘C)
v.
)
)
(UST
--
Appeal)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
APPEARANCE
S
I hereby
file
my appearance in
this
proceeding
on behalf of Vogue Tyre
&
Rubber
Company.
S
Dated:
July
18,
1995
~
J
~
Edward
J.
Co$Yand
~
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
r~EiV~D~
BEFORE THE ILLINOIS POLLUTION
CONTROL BO’A1411)
JUL
18
1995
VOGUE TYRE
& RUBBER COMPANY,
an
)
___
Illinois corporation,
)
)
Petitioner,
)
)
PCBNo.96-
‘C)
V.
S
)
)
(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
VET)
BEFORE THE
ILLINOIS
POLLUTION
CONTROL B041)
JUL
181995
VOGUE TYRFI
& RUBBER COMPANY,
an
)
~
Illinois corporation,
)
)
Petitioner,
)
S
S
S
)
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
_______________
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
f:T~7~!5
JUL 18~~
BEFORE
THE
ILLINOIS POLLUTION
CONTROL BOARIIL
STATE
OF
ILüN.~)f8
LtQ~TIQONTPc~c~D
VOGUE TYRE
& RUBBER
COMPANY,
an
)
Iffinois corporation,
)
)
Petitioner,
)
)
PCBNo.96-____________
v.
)
(UST--Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW
OF IEPA I~1NALDECISION
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 (“IEPA”).
IEPA 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-
021982
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.
94-275 1
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 Action
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
IEPA’s
“final decision”
for the purposes of appeal.
A
true and correct
copy of the IEPA 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 IEPA
indicated that Vogue Tyre’s reports
were
“denied”
because
the contamination at
issue
was
associated
with tanks removed in
the mid-1980s.
-3-
7.
IEPA’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 UST5
“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 IEPA 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:
S
(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-
m
02
Divisions
ARSON INVESTIGATION
217-7824855
BOILER
and PRESSURE
VESSEL SAFETY
FIRE
PREVENTION
~7.785.4714
MANAGEMENT
SERVICES
217.782.9889
INFIRS
~7.785.1OI6
PERSONNEL
217-785.1009
PERSONNEL STANDARDS
and EDUCATION
217.782.4542
PETROLEUM
and
CHEMICAL SAFETY
217.785.5878
PUBLIC INFORMATION
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
14.
Golf. Rd.
Skokie,
IL
60077
In
re:
Facility
No.
2——021982
IEMA
Incident
No.
93—1858
Vogue Tyre Center
4801
14. 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
packet
of Agency
billing
forms
for
submitting your
payment.
send
you
a
request
for
Genera? O~ic.
217.785.0969
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:
“Fuel”,
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
notified
the
Illinois
Emergency
Management
Agency
of
a
confirmed
release,
the
costs
were
incurred
after
the
notification
and
the
costs
were
a
result
of
a
release
of
a
substance
listed
in
this
Section.
Costs
of
corrective
action
or
indemnification
incurred
before
providing
that
notification
shall
not
be
eligible
for
payment.
6.
The
costs
have
not
already
been
paid
to
the
owner
or
operator
under
a
private
insurance
policy,
other
written
agreement,
or
court
order.
7.
The
costs
were
associated
with
“corrective
action”.
This
constitutes
the
final
decision
as
it
relates
to
your
eligibility and
deductibility.
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 West Randolph, Suite 11—500
Chicago, Illinois
60601
(312)814—3620
The following tanks are also listed for this site:
Tank #1
—S
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
m
:3-
52
oJ
JuN-15-95
THU
11:11
IL EPA-BUREAU OF
LflND
F~XNO.
2115244193
F.
fli
IWNOIS
ENVIRONMENTAL
PROTECTION AGENCY
P.O.Box 19276
2200
Churchill Road
Springfield, IL
62794-9216
LEAKIN C
UNDER CR0UND
ST 0RA GE
TANK
SECTI
PLEASE OELWER THESE
PAGES,
INCLUDING THIS COVER PACE TO:
NAME:—~.
4’Lb
C0
?&AIJ~
FIRM
or
LOCATION:
COMPANY PHONE
NUMBER~.
FAX
NUMBER:
3L&
‘i?7e
~-
‘~3~O
‘~3
~41F~01~
OFFICE PHONE
NUMBER:
2/~
~~2-fa741
IF YOU DID
NOT RECEIVE
ALL OF THE PAGES OR PAGES
ARE
ILLEGIBLE,
PLEASE CONTACT US AT ONE OF
THE
FOLLOWING
NUMBERSAS SOON AS POSSIBLE.
EPA
OFFICE USE
ONLY
OUR TELECOPIER NUMBER IS (217) 524-4193
OPERATORSPH~NE
NUMBER
IS (217)524-4648
PRINTED
QN RECYCLED
PAPER
O
Return to originator after sending
O
Discard
DATE:
TIME:
FROM:
JUN-15-95 THU 11:17
IL EPA-BUREAU OF
LAND
FAX NO.
2115244193
F.
(‘2
State ofIllinois
ENVIRONMENTAL PROTECTION AGENC(
Mary A.
Gade, DIrector
2200
ChurchIll
Road,
Springfield, II 62794-9276
217/782-6763.
Vogue Pyre &
Rubber Company
Attn:
Garry Goyak
4801
West Golf Road
S
Skokie,
IL
60077
Re:
LPC# 0312885218
--
Cook
Skokje/vogue
Tyre
& Rubb~rCo.
S
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,
Sit:e
Clag~ificationCompletion Report,
and the Corrective Action Plan
dated March 27,
1995 and received April
3,
1995;
the Correcti”e
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
IllinoDs
Administrative Code
(IAC),
Part
732
or
35
IAC,
Part
731.
?~o
technical review
of
the
above
documents
has been performed
1n
accordance
with
35
IAC,
Section(s)
732.202,
732.307,
732.3O~,
732.400,
732.402,
732.403,
‘732.404 and the Illinois Environmental
Protection Act, Section(s) 57.~
and
57.7.
Therefore, the Agency is
notifying the
owner
or operator that the following reports
aie
being denied:
20-Day Report,’ 45-Day Report,
Site Cla~sificatiCn
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,
ar.d
recommends
the
following
to
ensure
that
the
Groundwater
Standards/Objeotives
are
not
~xceeded and
the
remaining 80±1
contamination is addressed:
Priat~
~
1E~?JC11d
P~.r
JIJN—15—95ThLi
11:18
IL EPA—BUREAU OF LAND
FAX NO.
2115244193
F03
Letter to
Garry
Goyak
Page
2
1.
Reinstallation of ~ groundwater monitoring well in
t~ie
area
of
MW-2
which
Was
destroyed
during
excavatini
activities;
2.
Installation of
a groundwater monitoring well
in tie
alley in close proximity to borings B-13-16;
3.
Quarterly monitoring of
all monitoring wells
for
o.ie
year; and
4.
Installation of a passive vent system in the area of
tie
southeast corner of the building in the vicinity of
t~ie
S
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 Tara Laznbert of my
staff
at
217/782-6761.
~er~y,
BUT Filson, Manager
Northern Unit
Leaking Underground Storage Tank Section
DiviBion of Remediati.on Management
Bureau of Land
BF:TL:psk
Appendices:
1
I
JUN-15—95
THU
11:18
IL EPA—BUREAU OF
LAND
FAX NO.
2175244193
FJI4
Appendix
1
An underground storage tank owner or operator may appeal
this final declsicn
to the Illinois Pollution Control Board (Board) pursuant to Section 57.8(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 aftir
the notification of the final
Agency decision, petition for
a hearing befo:e
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
S
100 West Randolph, 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
19275
Springfield, IllInois
62794—9276
217/782—5544
I
I
CERTWICATE 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 EPA
Final Decision
to
be
served by messenger delivery before the hour of 4:30 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.
~
