RECE

WED

C~-ERK’SOFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

DEC

01200k

MAC’S CONVENIENCE STORES LLC

Petitioner,

vs.

)

)

)

)

)

iLLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

)

STATE OF ILUNOIS

pollution Control Board

~/

L)

I

0

PCBNo.,O4~

(LUST Appeal)

)

)

NOTICE OF FILING

To:

JohnKim

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

DorothyM.

Gunn, Clerk

Illinois Pollution Control Board

James R.

Thompson Center

100 West Randolph Street

Suite

1

1-500

Chicago, Illinois 60601

PLEASE TAKE NOTICE that I have today, November 24, 2004, filed with the Clerk of

the Illinois Pollution Control Board a PETITION FOR REVIEW ofa certain final Illinois

Environmental Protection Agency Decision, acopy of which is herewith served upon you through

overnight courier or United States Mail.

Respectfully Submitted,

MAC’S CONVENIENCE STORES LLC

Petitioner

Matt McCure, Directorof Facilities

Mac’s Convenience Stores LLC

P.O. Box 347

Columbus, Indiana 47202

---

RECE~VED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

DEC

01

2004

OF

THE STATE OF ILLINOIS

STATE OF ILLINOIS

MAC’S CONVENIENCE STORES LLC,

)

Pollution Control Board

Petitioner,

)

)

PCBNo.,O4~

vs.

)

(LUST Appeal)

)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

)

PETITION FOR REVIEW OF FINAL AGENCY

LEAKING UNDERGROUND STORAGE TANK DECISION

The petitioner, Mac’s Convenience Stores LLC (“Mac’s”), pursuant to Sections 40(a)(I)

and

57.7(c)(4)(D)

of the Illinois Environmental Protection Act (415 ILCS

5/40(a)(l)

and

57.7(c)(4)(D))

and

35

111. Adrn. Code 105.400-4 12, hereby requests that the Illinois Pollution

Control Board (“Board”) reviewthe final decision of the Illinois Environmental Protection

Agency (“Agency”)

in the above-referenced case.

In support thereof, Mac’s respectfully states as

follows:

Facts

and Procedural History

1.

Mac’s owns and operates

a

gasoline service station on property located at

105

SouthFront Street, Braidwood, Will

County, Illinois (the “Site”).

On December

31, 2003, Mac’s reported arelease ofpetroleum at the Site and the Site was

assigned Incident No. 20031894

based on the presence of elevated concentrations

of gasoline constituents in groundwater andhydrocarbon odors in the

convenience store building.

Mac’s retained American Environmental

Corporation to complete Early Action and Site Investigation and Corrective

Action, including release investigation and confirmation,

preparation of a 45 Day

Report, andpreparation of a Site Investigation Plan.

2.

On February

12, 2004, American Environmental Corporation submitted on

behalf of Mac’s a

45

Day Report to document Early Action activities conducted

at the site.

1

---

3.

On June 21,2004, American Environmental Corporation submitted on behalfof

Mac’s aSite Investigation Plan (“SIP”) and Budget for investigation to determine

the nature,

concentration, direction of movement,

rate of movement and extent of

contamination as well as the physical

features ofthe site and surrounding area

that may affect contaminant transport

and risk to human health and safety and the

environment.

4.

On October 21, 2004. the Agency issued aFinal Decision to Mac’s in which the

SlIP and associated budget and the 45 Day Reportwere rejected, a copy of which

is attached hereto as Exhibit A.

5.

On November 11, 2004, Mac’s made written request to the Agency for an

extension of time by which to file apetition for review and on November 24,

2004 Mac’s forwarded a copy of the request via facsimile to the

Agency, copies

ofwhich are attached hereto as Exhibits B and C, respectively.

The Agency did

notjoin or respond to Mac’s request that the Board extend the thirty-five day

period for filingaPetition forReview by an additional ninety days.

The written

request, which contained additional information to support the SIP, also made

minor modifications to the SIP and budget and requested that the Agency re-

review the SIP.

6.

The grounds for the Petition for Review are as follows:

IL

The

SIP

and Budget

Mac’s consultant, Kenneth M Miller, P.E.,

P.G. of American Environmental

Corporation, prepared the June 21, 2004

SIP and Budget in accordance with the

Environmental Protection Act (“Act”), in addition to generallyaccepted engineering

practices.

Mr.

Miller is a Licensed Professional Engineer and Geologist with fourteen

(14) years experience in the environmental consulting industry.

The

SIP

detailed the

procedures necessary to determine the nature, concentration, direction of movement, rate

of movement and extent of contamination as well as the physical features of the site and

surrounding area that may affect contaminant transport and riskto human health and

safety and the environment.

In accordance with the Act 415 ILCS

5/57.7(a),

the Budget included an

accounting of all

costs associated with the implementation and completion of the SIP.

2

---

These costs were reasonable andwere necessary to perform the Site Investigation

activities included in the SIP.

LII.

Release Investigation and

Site Assessment

Mac’s contractors performed release investigation and confirmation

steps including UST

systems tightness testing in accordance with

35

Illinois Administrative Code

170.580.

American

Environmental

conducted

a

site

assessment

to

measure

for

the

presence

of a

release

where

contamination is most likely to be

present because environmental~-contarnination-was

the basis for

suspecting a release.

The

site

assessment consisted of air,

soil and groundwater sampling and

analysis.

Laboratory analyses confirmed the

presence of gasoline indicator

contaminants in soil

and groundwater in

concentrations

in excess of the

Tier

1

remediation objectives

at

35

Illinois

Administrative

Code Part

742.

Elevated concentrations

of hydrocarbons were also detected

by

laboratory analysis in air samples from inside the convenience store building and from a recovery

well installed for soil vapor extraction.

Based

on

the

absence

of

UST

system

leaks

and

the

presence

of

environmental

contamination

of

soil,

groundwater

and

air

near

the

current

UST

systems,

American

Environmental

concluded

the

release was

caused

by

overfilling of one or more of the existing

USTs.

The Agency asserted that an UST system release has not been confirmed and alleges that

the length of time betweenthe tank testing and the release reporting

is excessive

and there is no

report of a spill.

The absence of an UST system leak does not confirm there has not been a

reportable release.

The regulations acknowledge that situations exist where test results for an

UST system do not indicate that a leak exists

but environmental contamination is the basis for

suspecting arelease (41 IAC

170.580(b)(3)).

Although Mac’s is not aware of a specific event

involving aspill or overfill, either, or both may have occurred without Mac’s knowledge.

No

potential sources ofcontamination were identified on adjacent properties to the southeast or

southwest and roadways border the properly in the other two directions.

The

State Fire Marshal

routinely requires the reporting of releases based solely on environmental contamination

in the

absence of evidence of an UST system

leak when UST systems are removed.

3

---

In addition, the Agency rejected the SIP because the plan does

not include the

investigation of the area most likely to be contaminated (i.e. the UST fieJd and system).

This area

has already been investigated and evidence of a release has been identified and reported as

discussed herein.

Further investigation is proposed in the SIP to

identify the areas with the

highest concentrations andto

determine the extent of contamination.

Mr. Miller, other environmental consultants

from American Environmental Corporation,

and other qualified experts will testify that the release investigation and site assessment is in

accordance with industry norms.

WHEREFORE, Petitioner, Mac’s Convenience Stores LLC, for the reasons stated above

and others that may be discerned through the course of discovery, requests that the Board reverse

the Final Decision of the Agency and approve the SIP and associated budget.

Respectfully Submitted,

MAC’S CONVENIENCE STORES LLC

Petitioner

///~.

Matt Mc

ure, Dire~tor

of Facilities

Mac’s Convenience Stores LLC

P.O. Box

347

Columbus, indiana 47202

4

---

~LL!NOIS ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH GRAND

AVENUE EAST,

P.O.

Box 19276,

SPRINGFIELD,

ILLINOIS

62794-9276,

217-782-3397

JAMES

R.

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE 11-300,

CHICAGO,

IL 60601, 312-814-6026

ROD

R.

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

217/782-6762

CERTIFIED

MAIL

OCT 2l~~

~

~

O~C /~3~7d~

Mac’s Convenience Stores

Altu: Matt

McCure

Exhibit

P.O. Box

347

.

A

Columbus, Indiana

47202

Re:

LPC#

1.970155005

--

Will

County

Braidwood/Iviacs Convenience Store

105 South Front Street

LUST Incident No. 20031894

LUST Technical File

Dear Mr. McCure:

The Illinois Environmental

Protection Agency (Illinois EPA) has reviewed the Site Investigation

Plan (plan) submitted for the above-referenced incident.

This plan, dated June 21, 2004, was

received by

the

Illinois EPA

on

June 23, 2004.

Citations in this letter are from the

Environmental Protection Act (Act),

as amended by Public Act

92-0554

on June 24, 2002, and

35

Illinois Administrative Code (35 Iii. Adrn.

Code).

The plan and the associated budget are rejected for the reason(s) listed below (Sections

5

7.7(a)

and

57~7(c)(4)of

the

Act and

35

Ill.

Adm.

Code 732.503(b)).

The plan is rejected for the fo1~owing

reason(s):

1.

An UST system release has not been confirmed.

The

45-Day ~,eport

and

Site

Investigation Plan indicate the USTs did not have a rel~ase

and refer to

tank

tightness

testing conducted

on

March

10, 2003.

The

length of time between

the

testing and the

incident is too long to

support

tank

tightness at the time of

the

suspected incident.

Additional jnfoim~tionreceived by Illinois

EPA attributes

the

release to spills/overfilis.

However, there isflo report of a spill

or overfill of

the

magnitude

requiring

the actions

taken.

2.

Theplan does not include

investigation ofthe area most

likely to

be

contaminated (i.e.

theUST

fied

and system).

The plan budget

is rejected for the

folowing

reason(s):

R1CLrO~D

-

4302 Nuril, M~nSired,

RockinicI,

II. 61103

-

lOiS) 987-7760

•

DES

PLAINSS

-

9511

W.

Hsirison

St.,

Des Plaines,

IL 60010- (64?)

204-4000

ELGlI~—5~25Souili

State

Elgin, IL 60123 —(84?) 608-3131

•

PEORIA— 5415

N. University SI.,

Peorin,

IL 61614

—

309)

693-5463

81R1AU or

L,~ei:

-

Pto~es

—

7620

N.

University St., Peoria,

IL 61614

—

(309)

693-5462

•

Cii~\eiP~\icN

—

2125

SoLitIl

Firsl Sued, Ch~supsign,IL

61820— 1217)

275-5800

Sill

(FILl

—

-15(10

S

SRI),

NtrUJ

Rd

Spi

iii,Ei

Id

IL 6270L~

—12171 786

G89~

COLLU

~\ ILIE

—

2009 \4iII

S

r~cI

Coilsi

ilk

IL

62234

—(618) .46 5

20

MARION

—

23119 W.

64aipSI., Suite 116, MarIon,

IL 62959

—1618) 99 1-72C10

:

-

Psirsrsn

ON

Rtcyçi.tn

P~..iiII

---

Page 2

1.

Pursuant to

Section 57.7 ofthe Act and

35

Ifl.

Adm.

Code 732.503(b).

the

associated

budget is rejected for the following reason:

A full flnahcial review shall

consist of a detailed review ofthe costs associated with each

element necessary to accomplish the goals ofthe plan as required pursuant to

the

Adt and

regulations.

Items to be reviewed shall include,

but not be limited to, costs associated

with

any

materials,

activities, or services that are included in the budget plan.

The

overall goal of the financial review shall be to assure

that costs associated with materials,

activities,

and

services shall be reasonable,

shall be

consistent with

the

associated

technical plan, shallhe

incurred in the performance

ofcorrective action activities,

and

shall not be used for corrective action activities

in excess ofthose necessary to

meet the

minimum requirenients ofthe Act and regulations

(Section 57.7(c)(3) ofthe Act and 35

Ill. Adrn. Code

732.505(c)).

Without an approvable plan, the proposed budget cannot be

fully reviewed.

In addition, the

45-Day

Report was also reviewed in conjunction with this report.

The 45-Day

Report is rejected for the reason(s) listed in Attach.ment A (Section 57.7(c)(4) ofthe Act 35

III.

Adm. Code

732.503(b)).

This

action does not constitute any decision or determination regardingthe timeliness of

the

submittal of’the 45-Day Report.

This

decision does not waive or otherwise preclude any

enforcement action the Illinois

EPA

may

initiate

in

response to any apparent violation oftimely

submittal reqniremen~s.

Ifa release is

confirmed, the 45-Day Report items

listed

in Attachment A

must

be submitted

within 90 days ofthe date

ofthis letter.

A request to re-review the

Site Investigation Plan and

Budget submitted on

June 23,

2004 should also be

made at that

time or a revised Site

Investigation Plan and Budget should

be submitted for review.

These items should be submitted

to:

Illinois Environmental Protection Agency

Bureau of Land

-

~24

Leaking

Underground Storage Tank Section

1021

North Grand Avenue East

Post Office Box

19276

..

Springfield,

IL

62794-9276

Please submit all

correspondence

in

duplicate

and

include the

Re: block

shown

at the

beginning

of

this

letter.

.

---

Page 3

An underground storage tank system owner or operator may appeal this decision to

the Illinois

Pollution Control Board.

Appeal rights are attached.

Ifyou have

any questions or

need further assistance, please contact Lizz Schwartzkopf at

217/557-8763.

Sincerely,

~‘~any

A.

Chap~el,

P.E.

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau ofLand

HAC:LS

Attachment:

Attachment A

Appeal Rights

C:

American Environmental

Corp.

Division File

---

Attachment A

Re:

LPC 1970155005

--

Will County

Braidwood/Macs Convenience Store

105 South Front Street

LUST Incident No. 20031894

.

LUST Teclmièal File

Citations in this

attachmentare from the Enc’iromnental Protection Act (Act) and 35 Illinois

Administrative Code (35 Ill.

Adm.

Code).

1.

Pursuant to 35 Ill

Admn. Code 732.202(d) or 73 1.163(a), owners or operators shall assemble

information about time site

and

the nature ofthe release, including information gain~d

while

confirming the release or completing the initial abatement measures in 35

ilL Adm. Code

732.202(a) and

732.202(b) or 35 Ill. Adm.

Code 731.161

and 731.162.

This

information

must include, but is not limited to,

the following:

a.

-

Data on the nature and estimated quantity ofrelease;

b.

Data from available sources or site investigations concerning the following factors:

surrounding populations, water quality, use and

approximate locations of wells

potentially affected by the release, subsurface

soil conditions, locations of subsurface

sewers, climatological conditions, and land use;

c.

Results ofthe site check required at 35

III. Adm. Code 732.202(b)(5) or

731J62(a)(5).

Section 732.202(b)(5) or 731.162(a)(5) of35 Ill.

Adm.

Code requires

that the owner or operator measure for the presence of a release

where contamination

is most likely

to be present at the underground storage tank site,

unless

time presence

and source ofthe release have been confirmed

in accordance with regulations

promulgated by the Office ofthe State Fire Marshal.

In selecting sample types,

sample locations, and measurement methods, the owner or operator shall

consider

the nature ofthe stored

substance, the type ofbackfill, depth to groundwater,

and

other factors,

as appropriate, for identifying the presence and source of time release;

•d.

Results ofthe free product investigations

required at 35 Ill.

Adm.

Code

•

732.202(b)(6) or 731.1 62(a)(6), to be used by owners or operators to determine

whether free product must be recovered under

35

Li. Adm.

Code 732.203

or

731.164.

Section

732.202(b)(6) or 73l.162(a)(6) of 35 Iii. Mm.

Code requires that

the owner or operator investigate to

determine the possible presetice of free

pr~duct

and

begin free product removal

as soon as practicable

and in accordance with

35

Ill.

•

Adm.

Code

732.203

or 73 1.164.

The report

fails to meet the above

requirements and, therefore,

the requirenments of Section

57.6

ofthe

Act for the following reason(s):

---

2

The

items listed

above have not been met.

Specifically:

1.

The nature and amount of time release has not been investigated.

2.

The tank tightness test is not within

aim acceptable time frame to

support

system tightness.

A recent test

is required to determine whether the system

•

.

has a leak.

3.

There is no documentation supporting

spills and overfihls.

The activities

conducted to this point

would indicate the need for

a spill or overfill to have

been reported to

time

Office ofthe State Fire Marshall (Title 41

Illinois

•

Administrative

Code Part

1 70).

There is no

indication that a spill/overfill of

this magnitude was reported.

4.

Although the report indicates that a well survey was conducted,

no

supporting documentation or nmaps

indicating time well locations were

provided.

5.

It does not appear that all subsurface structures were iimd~cated. Specifically,

pipelines to the pumps were not indicated.

6.

Although results oflimited

testing was provided, measurements for time

presence ofa release where contamination is most likely to

be present at the

underground storage tank site was not conducted/provided.

Specifically the

areas surrounding the USTs and pumps have not

been investigated.

These

same areas ~hou1dbe investigated for free product.

2.

Pursuant to

35

Ill.

Adm. Code

732.202(d), owners or operators shall assehible information

about the site and the nature ofthe release,

including information gained while confirming

time release or completing the initial abatement nmeasures

in 35 III. Adm.

Code 732.202(a)

and

732.202(b).

Within 20 days after confirmation of a release of petroleum from an

•

underground storage tank (UST) system in accordance with regulations pronmulgated by the

Office of time State Fire Marshal,

the owner or operator shall remove as much ofthe

•

petroleum from

time UST system as is necessary to prevent further release into

time

•

environment

(35 Iii. Adm.

Code 732.202(b)).

•

•

•

Time 45-Day Report, fails to demonstrate that enough petroleum was removed from th~

UST

system

as

is necessary to prevent further release

into time environment.

HAC:LS

---

Appeal Rights

An underground

stom-age tank owner or operator may appeal

this final decision to

time Illinois

Pollution Control Board pursuant to Sections

40 and

57.7(c)(4)(D)

ofthe Act by filing

a petition

for a hearing within 35 days after time date ofissuance ofthe final deóision.

However, the 35-day

period may be extended

for a period oftime not

to exceed 90 days by written notice from time

owner or operator and the Illinois EPA within the initial 35-day appeal period.

Ifthe owner or

operator wishes

td receive a

90-day extension, a written requestthat includes a statement ofthe

date the final decision was received, along with

a copy ofthis decision, must be sent to

the

Illinois EPA as soon as possible.

For information regarding the

filing of an appeal, please contact:

Dorothy Gunn, Cleric

Illinois Pollution Control Board

•

State of Illinois Center

100 West Randolph, Suite 11-500

Chicago, IL

60601

312/814-3620

For information regarding the filing

ofan extension, please contact:

Illinois Enviro~mrnentalProtection Agency

Division ofLegal

Counsel

1021

North Grand Avenue East

Post Office Box

19276

•

•

Springfield,

IL

62794-9276

217/782-5544

•

•

---

•

Exhibit

A’t~r~

I

ILJ~

fl

~

Env~mnmentaI

From

~prJn~fiejd R~gi~~Qfflce

November ii,

2004

Illinois Environmental Protection Agency

Atm: John Kim

Division ofLegal Counsel

1021 North Grand

Avenue

East

P.O.

Box

19276

Springfield,

IL

62794-9276

Re:

Request

for

Extension

for

Petitioning time

U~CB

LPC#l970155005

—Will County

Mac’s Convenience Store #186- Braidwood/ivlac’s Convenience Stores LLC

105 South Front Street

LUST Incident No. 20031894

American Environmental

Project

Number

237021

DearMr.Kim

•

-

Mac’s

Convenience

Stores

LLC

(“Mac’s”),

requests

that the

illinois

Environmental Protection

Agency

(“Agency”) join them in requesting a 90-day extension to the 35-day deadline for filing a

petition for a bearing

before

the illinois Pollution Control Board ‘(“IPCI3”). This request is being

made to preserve Mac’s right to

appeal the

Agency

decision

contained in

an

October

21,

2004

letter regarding

a

June

21,

2004

Site

Investigation Plan

and Budget for the

above referenced

LUST incident.

A copy of the

Agency letter

is attached.

The additional

time is needed forthe Agency to review additional infonnaiion submitted

today by

American Environmental

and

reconsider

their rejection

of the

plan

and

associated budget.

If

necessary,

we

will participate

in a teleconference

and/or

meet with

the

Agency

in

an

effort to

resolve the issubs without the need to submit a formal petition request.

J.

Please

take

the

necessary

action

to

file this

extension

request

before

The

35-day

appeal

time

•

expires

on

N~vernber

25, 2004.

If you need additional information, please advise.

•

Sincerely,

~

CORPORATION

KerinethM.

Miller,

P.E.,

P.G.

Regional Manager

pc:

Kevin Merritt,

Macs Convenience Stores

LLC

Jacob

Smith

(cover letter only)

Enclosure

Corporate

Office

•

Regional

Qffice

Regional Office

8600

Georgetown

Road

3700

W.

Grand

Ave.

Ste.

A

•~

•

410 Production

court

IndianapoIi~,Indiana

46268-1647

Springfield

IL

62711

Louleojllie,

KY 40299

317-871-4090

217-585-9517

5O2~491~0144

317-971-4094

Fax

•

217-685-95~8Fox

502-491-9271

Fax

---

ILLNOIS

ENVIRONMENTAL

PROTECTiON

AGENCY

1021

NORTH

GRAND AVENUE EAST,

P.O. Box

19276,

SPRINGFIELD,

ILL(NO~S

62794-9276, 217-782-3397

JAMES

R.

THOMPSON

CENTER,

100 WEST

RANDOLPH,

SUITE

11-300,

CHICAGO,

IL

60601, 312-814-6026

•

Roo

R.

BLAGOJEVCH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

2171782-6762

CER’I’IFIIED MAIL

—

OCT212~

•

Mac’s Convenience Stores

Attim:

Mart

McCure

-

P.O. Box 347

Columbus, Indiana 47202

Re:

LPC#1970155005--WillCounty

BraidwoodtMacs

Convenience Store

•

105 South Front Street

LUST Incident No.

20031894

•

•

LUST Technical File

Dear Mr. McCu.re:

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

Plan (plan)

submitted for the above-referenced incident.

This plan, dated June 21, 2004,

was

received by the Illinois EPA on June 23, 2004.

Citations in this letter are from the

Environmental Protection Act (Apt), as amended by Public Act 92-0554 on June 24, 2002, and

35 Illinois Administrative

Code (35 III.

Adm.

Code).

.

•

The

plan

and the associated budget

are rejected for the

reason(s) listed below (Sections 57.7(a).

•

and

57.7(c)(4) of

the

Act

and 35

Iii. Adm.

Code 732.503(b)).

-

The plan is

rejected for the following reason(s):

1.

Au USTsystem release

has

not been confinned.

The 45-Day P~eport

and Site

Investigation Plan

indicate the

USTs did nothave a re1~aseand refer to tank tightness

•

testing

conducted on March 10, 2003.. The length of time between the testing and the

incident

is too long to

support tank tightness at the time of the suspected incident.

Additional information received by Illinois EPA attributes the release to spills/overfihls.

However,

there is no

report of a spill or overfill of the magnitude iequiring the

actions

taken.

.

,

•

.

.

.

2.

Th~pIan

does not

include investigation of the ar~aolost likely to be

contaminated

(i.e.

theUST

field and system).

.

.

The plan budget

is rejected for

the

following reason(s):

.

.

-•

•

.

R:ico’nuD— 4302 Norih

Mum

Sireel, RockIcrcl,

II. 61103

—

(8151

9877760

•

Dis

PLA1NES

-

9511 W.

Harrison

Si.,

Dc-s

PJoine~,IL.6001 6

-

(847)

294-401)0

acirs—

595

South

Stole,8~in,IL

60123

—

(847) 608-3131

•

P0001A—

5415

N.

UnivoisIly

Si.,

P~orio,

IL 61614—

(3091

693-5463

Buoc~u

pr Lc-ait)

-

Po~urri,,

—

71~20N.

Linirersifi’

Si.,

P~orH,

IL

61814—

(309)

693-5462

•

Ci-iui.il’AiGI~

—

2125

.SOLiIII

First

Sirc-c-i,

Cli,rmpoic-n,

IL 61320

—

(2171 27C-5000

Spua~Gr1tLi —451105.

Si.Ih

Sirc—c-i Rd.,

Spri~g6

Id,

IL

82706 —(2171

786—6892

•

CDLLJNSVILLE

—

21300

MalI Shc-.c-i,

Culhiir.viUe,

IL 62234

—(618) 346-51 20

—

2300 W,

Main SO,

Suite

116,

Marion,

IL 62939—1618)00:1-72130

•

•

•

•

Pat,-rror’ ox

R5r:yr.Lriu

P’i’i~i’

---

Page2

1.

Pursuant to

Section

57.7 of the Act and 35 Ill.

Adm.

Code 732.503(b), the associated

budget is rejected for the following reason:

•

,

A

full

fnabcial review shall consist

of a

detailed review of the costs associated with

each

element necessary to accomplish the goals of

the

plan

as required pursuant to

the Aát

and

regulations.

Items to be reviewed shall include,

‘but

not be limited to, costs associated

with any

niaterials, activities, or services that are included

in thebudget plan.

The

overall goal ofthe financial review shall be to assure that

costs associated

with

materials,

activities,

andservices

shall be reasonable,

shall be

consistent with

the associated

technical plan, shall he incurred in the performance of corrective action activities, and

shall not be used for corrective action activities in excess of those necessary to meet the

•

minimum

requirements of

the Act and regulations (Section

57.7(c)(3)

of time Act and 35

Ill. Adnu.

Code 732.505(c)).

Without an approvable plan, the proposed budget cannot be fully reviewed.

In addition, the 45-Day Report was also

reviewed in conjunction with this report.

The 45-Day

•

Report is rejected for the reason(s) listed

inAttaclument A (Section 57.7(c)(4) ofthe Act 35111.

Adm.

Code 732.503(b)).

•

•

This

action does not constitute

any

decision or determination regarding the timeliness ofthe

submittal

ofthe 45-Day

Report.

Tins decision does not waive

or

otherwise preclude any

enforcement action the Illinois EPA may initiate in response to

any apparent violation

of timely

submittal requirements.

•

•

If a release is confirmbd, the 45-Day Report items listed

in Attachment A must be submitted

within 90 days of

the

date ofthis letter.

A request to re-review the Site Investigation

Plan

and

Budget submitted on

June

23,

2004 sho

ild also be

made at that time

or a revised Site

Investigation Plan and Budget should be

submitted for review.

These items shouldbe

submitted

to:

•

Illinois Environmental Protection Agency

Bureau of Land-#24

•

•

Leaking Underground Storage Tank

Section

1021

North

Grand

Avenue East

•

•

Post Office Box

19276

•

•

-•

•

•

•

Springfield,

IL

62794:9276

•

•

Please submit all

correspondence

in duplicate

and

include

the Re: block shown

at the beginning

of this letter.

•

•

---

Page3

An underground storage

tank

system

owner

or operator may

appeal this

decision to the

Ui

inois

•

Pollution

Control Board.

Appeal rights are attached.

Ifyou have any questions or need further assistance, please contact Lizz Schwartzkopf at

217/557-8763.

‘

•

Sincerely,

~

•

~~arry

A. Chapoel, PE.

Unit Manager

Leaking Underground Storage

Tank

Section

Dh’ision ofRemediation Management

Bureau ofLand

HAC:LS

Attachment:

Attachment A

•

AppealRights

•

C:

American Environmental

Co~.

Division

File

---

Attachment A

Re:

LPC

1970155005

--

Will County

Braidwood/Macs Convenience

Store

•

•

105 S6uth Front Street

LUST Incident No. 20031894

•

•

LUST

Technièal File

•

•

Citations in this

attachment are from the Euriiironmental Protection Act (Act) and 35 Illinois

Administrative

Code (35 Ill. Adm.

Code).

1.

•

Pursuant to

35111. Adm.

Code

732.202(d) or 731.163(a), owners or operators shall assemble

information about the site and the nature ofthe release, including information gained while

confirming the release or completing the initial abatement measures in 35 Ill. Adrn.

Code

732.202(a)

and 732.202(b) or35 Ill.

Adm.

Code 731.161

and

731.162.

This

information

must include, but is not limited to, the following:

a.

Data on the nature and estimated quantity ofrelease;

b.

Data from

available sources or site investigations concerning

the

following factors:

surrounding populations, ‘water quality, use and approximate locations of wells

potentially affected by the release, subsurface soil conditions, locations ofsubsurface

sewers, climatological conditions,

artd

land use;

c.

Results of

the

site check required at 35

Ill.

Adm.

Code

732.202(b)(5) or

731.162(a)(5).

Section 732.202(b)(5) or 731.162(a)(5)

of 35

Iii.

Adrn.

Code requires

that theowner or operator measure for the presence of a release where contamination

is most likely

to be present at the underground storage tank site, un1e~s

the presence

and

source of the release have been confirmed

in accordance with regulations

promulgated by

the

Office of

the

State Fire

Marshal.

In selecting sample types,

•

sample locations,

and

measurement methods, the owner or operator shall consider

the nature of

the stored

substance, the type ofbackfill, depth to

groundwater,

and

otherfactors,

as appropriate,

for identifying the presence and source of the release;

•d.

•

Results

ofthe free product investigations required at 35

Ill. Adrn.

Code

•

732.202(b)(6) or 731.1 62(a)(6), to be used by owners or operators

to

determine

whether

fTee

product must be recovered under

35

III.

Adm.

Code

732.203 or

731.164.

Section

732.202(b)(6) or 731.l62(a)(6) of35

III. Adm.

Code requires

that

the owner or operator investigate to determine the possible presence of free product

and

begin free product removal as soon as practicable and in aqcordance

with

35

111.

Mm.

Code 732.203

or 731.164.

The report

fails to

meet tile abovu requirements and,

therefore, the requireittents

of Section

57.6 of

the

Act for

the

following reason(s):

•

---

2

The items listed above have not been met.

Specifically:

1.

The nature and amount

ofthe release has not been investigated.

2.

•

The

tank

tightness test is not within

an acceptable time frame to

support

system tightness.

A recent test is required to determine whether

time

system

•

•

has a leak.

3.

There is no

docun~entation

supporting spills and over.flhls.

The activities

conducted to this point would

indicate the need

for a

spill or overfill to

have

been reported to

time

Office ofthe State Fire Marshall (Title 41

Illinois

Administrative Code

Part

170).

There is

no indication that a spill/overfill

of

•

this magnitude was reported.

4.

Although the report indicates that

a well survey was conducted, no

supporting

documentation or maps indicating the well locations were

provided.

•

5.

It does not appear that all

subsurface structures were indicated.

Specifically,

•

pipelines to the pumps were not indicated.

6.

Although results of limited testing was provided, measurements for the

presence ofa release where contamination is most likely to be present at the

•

undergi’ound storage

tank

site was not conducted/provided.

Specifically the

areas surrounding the USTs and pumps have not been investigated.

These

same areas should be investigated for free product.

•

2.

Pursuant to

35 Iii. Adrn. Code

732.202(d). owners or operators shall assemble information

•

about the site

and the

nature of the release, including information gained

while cmifirrning

the release or completing the

initial abatement measures

in

35111.

Adrn~Code 732.202(a)

and 732.202(b),

Within 20

days afier confirmation of a release ofpetroleum from

an

• underground storage tank (UST) system in

accordance with regulations pronmigated by the

• Office of the State Fire Marshal,

the owner or operator shall remove as much of the

•

•

petroleum from the UST system as is necessary to prevent

further

release into the

environment (35 Iii. Adm.

Code 732.202(b)).

•

The

45-Day Report fails to

demonstrate that enough petroleum was removed

from

the UST

system as is necessary to

prevent further release into the environment.

HAC:LS

---

Appeal Rights

An underground storage

tank.

owner or operator may appeal this final decision to

the Illinois

Pollution Control Board pursuant to

Sections 40 and 57.7(c)(4)(D) ofthe Act

by filing

a petition

for a hearing within

35 days after the date ofissuance of the final de~ision.However,

time 35-day

period may be extended for a period oftime not to

exceed 90 days by written notice from the

owneror operator and the Illinois EPA within the initial 35-day appeal period.

If the owner or

operator wishes

td receive a

90-day extension, a written request that includes a statement of

the

date the final decision was received, along with

a copy ofthis decision, must be sent to

the

Illinois EPA as soon as possible.

For information regarding the

filling of an appeal, please contact:

Dorothy

Gunn,

Clerk

Illinois Pollution Control

Board

•

State of Illinois Center

100 West Randolph, Suite 11-500

Chicago, IL

60601

312/814-3620

For information regarding the filing

of’ art extension, please contact:

Illinois Environmental

Protection Agency

Division ofLegal

Counsel

1021 North Grand Avenue East

Post Office Box 19276

•

•

Springfield, IL

62794-9276

217/782-5544

•

---

3700

Springfield,

illinois

62707

Amen

can

Phone:

(217) 585-9517

Fax:

217-585-9518

~

Env~

ronmental

8500

Georgetown Road,

Indianapolis,

IN 46268

Phone:

(317)

8714090

Fax:

(317) 871-4094

American Environmental

410 Production

Court, Louisville, KY

40299

Corporation

Phone:

(502) 491-0144

Fax:

(502) 491-9271

Fa

To:

John

Kim

—

IEPA Legal Division

From:

Exhibit

Ken Miller

Fax:

(217) 782-9807

Pages:

1

‘~

Phone:

(217)782-5544

Date:

November 24,

2004

Re:

Mac’s

Convenience Store

??~~

~

Braidwood,

Illinois

Incident 20031894

CC;

Lizz Schwartzkopf (Fax:

524-4193)

o

Urgent

I~For Review

0 P’ease Comment

El Please

Reply

0

For information

CONFIDENTIALITY NOTICE:

The documents

conslituting

this

facsiiiilatransmittal

may contain

confidential

information belonging-to-the

sender

which

is

legaty

privileged and exempt

from disclosure under applicable law.

The informadon is intended only for

the

use of the individual(s) or entity named above,

If the reader is not the

intended recipient you are hereby notified that any disclosure,

copying, distributon or taking ofany action

in reliance upon the

cootentotthis

toceimile

lransmittal

is st~icUy

prohibited.

If

you have received this communication in

error, please immediately no~fy

us by telephone at thenumber above to arrange

for return of the original documents to us.

Thank

You.

Mr.

Kim;

-

A copy

of the letter

I

mentioned

in

my voice mail messages

is attached.

The deadline for

filing

a request for

extension of

the

Agency

10/21/04 decision is

tomorrow,

11/25/04.

Also attached

is a letter requesting a 90-day

extension

for appealing an 11/10/04 Agency decision

on the same

site.

Please advise of the status of the Agency review of this request.

Ken

---

ILLINOIS

ENVIRONMENTAL

PR0IEcTION

AGENCY

1021

NORTH GRAND

AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILuNOIS

62794-9276,

21 7-782-3397

JAMES R.THOMPSON

CENTER,

100

WEsT

RANDOLPH, SUITE

11-300,

CHICAGO,

IL

60601, 312-014-6026

Roe

R.

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

217/782-6762

CERTIFIED

MAIL

~cy2i2fl~’

~

~

j~7

~//

Mac’s Convenience Stores

Attn: Malt

McCure

P.O.

Box

347

Columbus, Indiana

47202

-

.

Re:

LPC#

1970155005

--

Will County

Braidwood/Macs Convenience

Store

105

South Front

Street

LUST Incident No.

20031894

LUST Technical File

Dear Mr. McCure:

The Illinois Environmental Protection Agency

(Illinois EPA) h~s

reviewed

the Site Investigation

Plan (plan)

submitted for the above-referenced incident.

This plan,

dated June 21, 2004, was

received by the Illinois EPA on June 23, 2004.

Citations in this letter are

from the

Environrnei~ital

Protection Act (Act), as amended

by Public Act

92-0554

on June 24, 2002, and

35

Illinois Administrative

Code (35 Ill. Adm.

Code).

The plan and

the associated budget are rejected for the reason(s) listed below (Sections 57,7(a)

and 57.7(c)(4) of the Act and 35

III. Adrn.

Code 732.503(b)).

-

The plan is

rejected for the following reason(s):

1.

Ai1 UST system release has not been confirmed. Th~

45-Day Report

and Site

Iitvestigation

Plan indicate the USTs did not have a release and refer to tank tightness

testing

conducted on

March

10,

2003.

The length of time between the testing

and the

incident is too long to support

tank

tightness

at the time ofthe suspected incident.

Additional information received by Illinois EPA attributes the release to

spills/overfihls.

1—lowever, there is no report ofa spill or overfill ofthe magnitude requiring the actions

taken.

2.

The

plan

does not include

investigation of the area most likely to be

contaminated (i.e.

the

UST

field and system).

The

plan budget

is rejected for the following reason(s):

4302

Ncrrth 6~in

Sired,

Rockk,rd,

IL 61103

-

)815)

987-7760

DES

PLA~ES

-

9511

W.

Harrison SI.,

Des

Piers’s,

IL

6001 0-

((47)

294-40(10

ELGIN

595

South

State,

Elgin,

IL

00123 —847) 608-313

•

PEOriA

—

5415

N.

University

Si.,

Peoria,

161614— (309) 693-5463

Liurtesr

if

L,se’t:,

—

Pi,a~-s—7t,20N. Lniv~r4tv

St.,

Peoria,

IL 61614

—

(309)

603-5462

•

CI-s-v.,r,\lc;w —2125

SoisFi

First Street.

CHenrp~ugn,

IL

61820—12171

278-5800

Si’ieee;nuu,

—

4500

S.

Sixth

Striset

ltd., Spriirgiield,

IL 62706

—

217

706-0892

•

CCLLiN~vll.t.i

—

2009

MaIl

Sires,

Cofliervillis,

IL 82234

—

(6

81346-5121)

MARIoN’

—

2309

Vi’.

Main

Sr.,

Suite

116,

Marion,

IL

62959—16181 992-7200

---

Page 2

I.

Pursuant

to

Section 57.7 of the Act and

35 Ill. Adm.

Code 732.503(b), the associated

budget

is rejected

for

the following reason:

A full fina’ncial re~-iew

shall consist of a detailed review ofthe costs associated with

each

element necessary to accomplish the goals of the plan as required pursuant to

the Adt

and

regulations.

Items to be reviewed shall include, but not be limited to,

costs associated

with any materials, activities, or services that are included in the budget plan.

The

overall goal ofthe financial review shall be to assure that costs associated with materials,

activities,

and services shall be reasonable, shall

be

consistent with the associated

technical

plan, shall be incurred in the performance of corrective action activities, and

shall not be used for corrective action activities in excess

of those necessary to

meet the

minimum requirements of the Act and regulations (Section

57.7(c)(3)

of

the Act and

35

Ill. Adm.

Code

732.505(c)).

Without an approvable plan, the proposed budget cannot be fully reviewed.

In addition, the 45-Day Report was also reviewed in conjunction

with this report.

The 45-Day

Report is rejected for the reason(s) listed

in Attaclmient A (Section 57.7(c)(4) ofthe Act

35 Ill.

Adm.

Code 732.503(b)).

This action does not constitute any decision

or determination regarding the

timeliness of tile

submittal ofthe 45-Day Report.

This decision does not waive or otherwise preclude any

enforcement action the Illinois

EPA may initiate in response to any apparent violation oftimely

submittal requirements.

.

If

a

release

is

confirmed, the 45-Day Report items listed

in Attachment A must be submitted

within 90 days ofthe date of this

letter.

A request to re-review the Site Investigation Plan

and

Budget submitted on June 23,

2004 should also be

made at that time or a revised Site.

Investigation Plan and

Budget should be

submitted for review.

These

items should be submitted

to:

.

.

Illinois Environmental Protection

Agency

Bureau of Land

-

#24

.

-

Leaking Underground

Storage Tank Section

1021

North

Grand Avenue East

Post Office Box

19276

Springfield,

IL

62794-9276

Please submit all correspondence in

duplicate and

include tile Re: block

shown

at the

beginning

of this letter.

---

Page 3

An underground

storage tank system

owner or operator may appeal this

decision to the Illinois

Pollution ControlBoard.

Appeal rights are

attached.

i~

you have any questions or need further assistance, please contact Lizz Scliwartzlcopfat

217/557-8763.

Sincerely,

~~arry

A. Chappel, P.E.

Unit Manager

Leaking Underground Storage Tank Section

Division ofReniediation Management

Bureau of Land~

HAC:LS

Attachment:

Attachment .A

Appeal Rights

c:

American Environmental

Corp.

Division

File

---

Attachment A

Re:

LPC,1970155005

--

Will

County

Braidwood/Macs Convenience Store

105 South Front Street

LUST Incident No. 20031894

LUST Technièal File

-

-

Citations in this attachment are from the Environmental

Protection Act (Act) and 35 Illinois

Administrative Code

(35

Iii.

Adrn. Code).

Pursuant

to

35

III. Mm.

Code 732.202(d) or 73 1.163(a),

owners or operators shall, assemble

information about the site and the nature ofthe release, including information gained while

confirming the release or completing the initial abatement measures in 35

III. Adm.

Code

732.202(a) and 732.202(b) or35 Ill. Adm.

Code 731.161

and 731.162.

This

information

must include, but is not limited to,

the following:

a.

Data on the nature and estimated quantity of release;

b.

Data from available sources or site investigations concerning the following factors:

surrounding populations, water quality, use and approximate locations ofwells

potentially affected by

the. release, subsurface soil

conditions, locations of subsurface

sewers, climatological conditions, and land use;

c.

Results of the site check required at 35

III. Adm.

Code 732.202(b)(5) or

731.162(a)(5).

Section.732.202(b)(5) or731.l62(a)(5) of35 Iii. Adm.

Code requires

• that the owner or operator measure forthe presence of a release where contamination

is mpst likely to be

presentat the underground

storage tank site, unless tile presence

arid

source of the release have been

confirmed

in accordance with regulations

promulgated by the Office of the State

Fire Marshal.

In selecting sample types,

sample locations,

and measurement methods,

the owner or operator shall consider

the nature of the stored suhstanc~,the type ofbackfill, depth to

groundwater, and

other factors,

as appropriate, for identifying the presence and

source of tile release;

d.

Results -oftile free product investigations required at

35 Ill.

Adm.

Code

-

732.202(b)(6) or 731.162(a)(6), to be used by

owners or operators to determine

whether free product must be recovered under 35

Iii. Adm.

Code 732.203

or

731.164.

Section

732.202(b)(6) or 731.162(a)(6) of35 Ill.

AdnI.

Code requires

that

the owner or operator investigate to

determine the possible presence of free product

and begin free

product removal as soon

as practicable and in

accordance with

35111.

•

Adin.

Code 732.203

or 73 1.164.

•

-

The report

fails to meet

tile above requirerr~entsand, therefore,

the requirements of Section

57.6 of the Act

for the following reason(s):

---

2

The items listed above have not been met.

Specifically:

I.

The nature and amount of the release has not been investigated.

2.

The tank tightness test is not within an

acceptable time frame to support

system tightness.

A recent test is required to determine whether the system

-

has a leak.

3.

There is no documentation supporting spills and

overfihls.

The activities

conducted to this point would indicate the need for a spill or overfill to have

been reported to the Office ofthe State Fire Marshall (Title 41

Illinois

Administrative Code Part

170).

There

is no indication

that a spill/overfill of

this magnitude was reported.

4.

Although the report indicates that a well survey was conducted, no

supporting documentation or maps indicating the well locations were

provided.

5.

It

does not appear that

all

subsurface structures were indicated.

Specifically,

•

pipelines to tile

pumps

were

not

indicated.

6.

Although results of limited testing was provided, measurements for the

presence ofa release where contamination is most likely to be present at the

underground

storage tank site was not coriductedlprovided.

Specifically the

areas surrounding tile USTs

and pumps have not been investigated.

These

same areas should be

investigated for free product.

2.

Pursuant

to 35

III. Adm. Code 73 2.202(d), owners or operators shall assemble information

about the site and the nature ofthe release, including information gained while conflmiing

the i’elease or completing

the initial abatementnleasures j~

35 Iii. Adm.

Code

732.202(a)

and 732.202(b).

Within 20 days afler

confinllatioll

of a release ofpetroleum from an

-

underground

storage tank

(UST)

system in accordance with regulations promulgated by

tile

Office ofthe

State Fire Marshal, the owner or operator shall remove as much of the

petrol erii’n from

tile

UST system

as is necessary

to prevent furtherrelease into the

environment

(35

Ill.

Adm. Code 732.202(b)).

The

45-Day Report

fails

to demonstrate that enough petroleum was

removed from tile

UST

-

system as is necessary to prevent further release into tile environment.

HAC:LS

---

Appeal Rights

An underground

storage

tank owner or operator may appeal this final decision to

tile Illinois

Pollution Control

B’oard pursuant

to

Sections

40

and 57.7(c)(4)(D) of the Act by tiling

a petition

for a hearing within 35

days after the date of issuance of the final decision.

However,

the 35-day

period may be

extended for a period of time not to exceed 90 days by written notice

from the

owner or operator and

the Illinois EPA within tile initial 35-day appeal period.

Ifthe owner or

operator wishes t~

reOeive a 90-day extension, a written requestthat includes a statement of tile

datethe final decision was

received, along with a copy ofthis decision, must be sent to the

flhnois EPA as soon as possible.

For information regarding tile filing of an

appeal, please contact:

Dorothy Gunn,

Clerk

Illinois Pollution Control Board

•

State ofIllinois Center

-

-

100 West Randolph, Suite 11-500

-

Chicago, IL

60601

•

-

3 12/814-3620

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

Illinois Environmental

Protection Agency

Division ofLegal Counsel

1021

North Grand Avenue East

Post Office Box

19276

Springfield,

IL

62794-9276

217/782-5544

---

Amer~c

~

From Springfield Regional

Office

VIA FACSIMILE (217-782-9807)

illinois Environmental Protection Agency

Atth:JohnKim

•

November24, 2004

Division ofLegal Counsel

1021 North Grand

Avenue East

P.O. Box 19276

Springfield,

IL

62794-9276

Re:

Request for Exteüsion for Petitioning the ll~CB

LPC #1970155005

—

Will County

Mac’s Convenience Store

#186-

BraidwoodlMac’s Convenience Stores LLC

105 SouthFront

Street

•

LUST

Incident No.

20031894

-

American Environmental Project

Number 237021

Dear

Mr. Kim

Mac’s Convenience

Stores

LLC

(“Mac’s”),

requests

that tile

illinois

Environmental

Protection

Agency (“Agency”) join them in requesting a 90-day extension

to the 35-day deadline for filing a

petition

for a

hearing before the Illinois

Pollution Control

Board

(“IPCB”).

This request

is being

made to preserve Mac’s right to

appeal the

Agency decision contained in

a November U,

2004

letter regarding

a

July

15,

2004

application

for

payment

from the

Underground Storage Tank

Fund

forthe above referenced

LUST’ incident.

A

copy of the Agency letter is

attached.

The

additional

time

is

needed

for

the

Agency

to

review

additional

information

submitted

November

11,

2004

by

Ameriôan

Environmental

and

reconsider

their

deductions

to

tile

application amount,.

It appears

the reasons for the

deductions

are

similar to the reasons

stated in

tile

Agency’s

October 21,

2004 letter for rejecting

the

Site Investigation

Plan,

If necessary, we

will participate in

a teleconference

and/or meet with the Agency in an effort to resolve the issues

without

the

need to submit a formal petition request.

Please

take

the

necessary

action

to

file this

extension

request

before

the

35-day

appeal

time

expires on December

15,

2004.

If you need additional information, please advise.

Sincerely,

-~RICAN

ENV

ONMENTAL CORPORATION

-

~~~.Mi1len.E.,

P.G.

•

-

Regional

Manager

-

pc:

Kevin

Merritt,

Mac’s Convenience

Stores LLC

Jacob

Smith (cover letter only)

Enclosure

Corporate

Office

Regional

Office

Regional

Office

8500

Georgetown

Road

3700

W,

Grand

Ave.

Ste.

A

410

Production

court

Indianapolis,

Indiana

46268-1647

Springfield,

IL

62711

Louisville,

KY 40299

317-871-~O9D

217-585-9517

602-491-0144

R17-R71-4flq4 Fs~

2’17-685-9518

Fax

502-4g1-6271

Fax

---

(LLINOIS

EN’--JI~ONMENTALPRLTECTION

AGENC~~

~

1021

NORTH

GRAND

AVENUE

EAST,

P.O.

Box

‘19276,

SPRINGI-tELD,

ILLINCIS

62794-9276, 217-782-3397

JAMES

R.

THOMPSON

CENTER,

100

WEST

RANDOLPH, SUITE

11-300,

CHICAGO,

IL 60601, 312-814-6026

RoD

R.

BLACOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

217/782-6762

~rl1

~0

2U(~

Mac’s

Convenience Stores,

LLC

Attention:

Matt McCure

Post Office Box 347

Columbus,

IN

47202

Re:

LPC#1970155005---WillCounty

•

-

Braidwood/Mac’s Convenience Stores

105 South Front Street

LUST Incident No.

20031894

-

LUST FISCAL FILE

-

Dear Mr. MeCure:

-

The Illinois Environmental Protection Agency has completed the review of your application for

payment-from the Underground Storage Tank

Fund for tile above-referenced LUST incident

pursuant

to

Section 57.8(a) of the Illinois Environ.mental

Protection Act

(Act), and 35

Ill.

Adrn.

Code 732,

Subpart F.

This information is dated July

15, 2004

arid,

was received by the Agency

on July

16, 2004.

The appi~cationfor payment covers the

period from January

9, 2004

to

•

May 28, 2004.

The amount requested is $8,787.43.

The deductible amount for this claim

is

$1 5,000.00, which

was previously

deducted

from the

billing submittal

received by the Agency on June 4, 2004 for $43,750.11.

There are costs from

-

this claim that are not being paid.

Listed in Attachment A are the’ costs that are not

being paid

and the reasons these costs are not

being paid.

On July

16, 2004, the Agency received your complete application for payment for this claim.

As

a

result

ofthe Agency’s review of this application

for payment, a voucher

cannot be prepared for

submission to the Comptroller’s office for p~yment.Subsequent applications for payment that

have beenlare submitted will be

processed based upon tile

date complete

subsequent application

forpayment requests

are

received

by

the Agency.

This constitutes

the Agency’s final action with

regard to the above application(s) for payment.

•

An underground

storage tank owner or operator rñay

appeal this final

decision to the Illinois

Pollution Control Board (Board) pursuant to

Section 57.8(i)

and Section 40

of the Act by filing

a

petitioriforahearing within

35 days afler’~thedate of issuanceof the

final decision.

However,

the35-day period-maybe extended for a period oftime not to exceed 90 days by

written

notice

from the owner or operator and the Illinois EPA within the initial

35-day appeal period.

Ifthe

Roc~rogu

—

4302

NoOh

Maio

Sireel,

Rock~ord,IL 61103 -8151

987-77615

Do

PL,vNO—

9511

W.

Harrison

Si,, D~s

Plaines,

IL

60016-

1847)

29’1-41I00

ELGIN

—

595

Souih SIaIe,

Elgiri,

IL 601 23

—

0471

808-3131

•

PEORiA

—

5’(lS

N.

Univer5iIv

St.,

Peoria,

IL 61614

—(309)

693-5463

BUREAU

OF

LANO

-

Proni-~

—

7620 N. University

SI.,

Peoria, II. 61614

—

1309i

693-5462

CHAM1’AIUN

—

2)2.5 South Fir~I

SIreel,

Champaign,

IL

61821)

—

(21 71

270-3800

SPEoGFIELD

—4500 S. Sixth

SIreeI

Rd., Springlielci, IL 62708

—(21

7i

706-6892

•

CULLINSV,LL1

—

2009 MalI

Street,

CoIlinsvilIe, IL

62234

—

(6181 34b-51 20

M.-wIoN—

2309

W.

t4ain

St.,

Suite

116, Marion, IL 62959—

(615) 903-7200

PaNTED CN

RECYCLED

PA1vR

,

-

---

Page

2

applicant wishes to receive a 90-day extension, a written request that includes a statement of the

date the final decision was received, along

with

a copy of this

decision, must be sent to the

Illinois EPA as

soon as possible.

For information regarding tile 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

For information regarding the filing ofan extension, please contact:

Illinois Environmental Protection Agency

Division ofLegal

Counsel

‘1021

North

Grand Avenue East

Springfield, Illinois

62794-9276

217/782-5544

Ifyou have any questions

or require further assistance, please contact Doug Tolan

of my

staff

and/or Lizz Schwartzkopf at

2 17/782-6762.

DEO :DT:jk\040642.doc

Attachment

E.

Oakley, Manager

LUST Claims Unit

Planning

& Reporting

Section

•

Bureau of Land

cc:

American Environmental

Corporation

---

Attachment A

•

Technical Deductions

Re:

LPC #1970155005

--

Will

County

BraidwoodlMac’s Convenience Store

105

South Front Street

LUST Incident No. 200318941

LUST Fiscal File

Citations in this

attachment are from and the Environmental Protection Act (Act)

and 35

Illinois

Administrative

Code (35111. Adm.

Code).

-

Item #

Description of Deductions

$2,992.56,

deduction for costs that lack supporting documentation (35 Iii. Adm.

Code

732.606(gg)).

Since there is no

supporting documentation ofcosts,

the Illinois EPA cannot

determine that costs

were not used for activities in excess ofthose necessary to meet the

minimum requirements ofTitle XVI ofthe Act (Section

57.5(a)

of the Act and

35 Ill. Adm.

Code 732.606(o)).

Documentation of measurements/methods used to confirm the release have not been provided.

In addition,

tile

release has not been demonstrated to be from the USTs.

Please note these costs are also deducted for additional reasons listed below.

Only one

deduction was made.

2.

$2,992.56,

deduction for costs in

which the owner or operator failed to justify that all

costs

were attributable to

each underground storage tank at the site.

(Section 57.8(m)(2) of the Act

and 35 Iii. Adm.

Code

732.608)

•

-

A determination ofwhich USTs

are related to

this release has not been made.

Illinois

EPA

cannot determine the eligibility ofthese costs without this information.,

This

reason would also

apply

to

other costs submitted in relation

to this incident.

3.

52,992.56;

deduction for costs for corrective action

activities for underground storage tanks for

•

which the owner or operator was deemed ineligible to

access tile Fund (Section 57.8(m)(l) of

the Act and 35

Ill. Adm.

Code 732.608).

Six of the nine USTs on-site have been determined ineligible to

access the LUST Fund.

All

costs related to

this incident may

be ineligible if

the

release is

determined

to be from tile

ineligible USTs,

or costs may be required to be prorated

according to

established procedures.

4.

52,992.56, deduction for costs associated with

sites

that have not reported a release to tile

Illinois Emergency Management Agency (IEMA) or are not required to report a release to

JEMA (35

II.

Adm. Code

732.606(x)).

An owner or operator is eligible

to access

tIle Fund if

the owner or operator notified the JEMA of

a confirmed

release and the costs were incurred

after the notification was made (Section 57.9(a)(5) of the Act).

---

Page 2

Iftl’ie spills and/or overfills were less than the required quantity,

a reporting of a release would

not

have been required.

If the spills andloverfills were equal to or greater than the required quantity

a release may not

have been reported in the required time frame.

Either

case may affect the eligibility oftile release/incident to access tile UST Fund.

(Please

see 41

IAC Part 170.)

-

5.

52,992.56,

deduction for costs related to

activities, materials, or services not necessary to

stop,

minimize,

eliminate, or clean up a release ofpetroleum or its effects in accordance with tile

imnimurn

requirements ofthe Act and regulations (35

lU. Adm. Code

732.606(y)).

These costs

are not corrective action costs.

“ColTective action” means an activity associated with

compliance with tile provisions

of Sections 57.6

alld

57.7 of the Act (Section 57.2 of the Act

and 35 Ill. Adm. Code 732.103).

One

of tile

eligibility requirements for accessing tile ~u~idis

that

costs are associated with

‘corrective action”

(Section 57.9(a)(7) of the Act and 35

Ill. Adm.

Code 732.505(c)).

Without additional

information,

Illinois EPA cannot determine ifthese costs exceed minimum

requirements.

6.

$2,992.56,

deduction for costs ofalternative tecimology that exceed the costs ofconventional

technology

(35

Ill.

Adin. Code

732.606(bb)).

These costs are for activities

in

excess of those

necessary to meet the minimum requirements ofTitle XVI ofthe Act (Section 5 7.5(a) ofthe

Act and

35 Iii. Adm.

Code 732.606(o)).

-

-

Without additional

information,

illinois EPA cannot determine if these costs

exceed minimum

requirements.

7.

52,992.56,

dthducti6n

for costs due to

excessive early action activities.

(Section 57.6(b)

of tile

Act and 35 Iii. Adm.

Code’ 73 2. 606(o))

8.

512.75,

deduction for Ace Hardware receipt #00717849

21.

These items

do not

appear to’ be

related to the work at the site

and also

appear to exceed the minimum requirements.

9.

5860.75,

deduction for costs

associated

with concrete andlor asphalt replacement.

Tile

Illinois

EPA will only reimburse concrete and/or asphalt replacement once for this

occurrence.

Until,

the above-referenced site has received a No Further Reniediation

Letter, the Illinois

EPA

cannot determine

if

these costs are unreasonable

or

if they are for activities in

excess of those

necessary

to meet the minimum requirements ofTitle XVI of the Act,

since at this

time it is

unclear whether additional remediation may be required.

(Sections

57.5(a)

and57.7(c)(4)(C)

ofthe Act; 35 Iii.

Adrn. Code 732.505(c)

and

732.606(o))

Once the above-referenced site has received

a No Further Ren’iediation

Letter, a resubmission

with

additional

information oftile

costs associated with

concrete and/or asphalt replacement (as

well as

any supporting documentation,

including a copy ofthe No Further Remediation Letter)

may be

submitted to the Illinois

EPA.

---

iPage3

10.

The billing(s) submitted includes costs that lack supporting documentation.

Since there is no

supporting documentation of costs, the Illinois EPA cannot determine that the costs were not

used foractivities

in excess of those necessary to meet tile minimum requirement~

ofTitle XVI

of the Act (Section

57.5(a)

of

the Act and 35 Ill. Adm.

Code 732.606(o)).

-

-

HAC:LS

‘