1. THIS FILING IS SUBMITTED ON RECYCLED PAPER
      2. CERTIFICATE OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PAUL JOHNSON, iNC.,
)
)
Petitioner,
)
ILLINOIS ENVIRONMENTAL
)
PROTECTIONAGENCY and
)
VILLAGE OF WATERMAN, ILLINOIS,
)
)
Respondents.
)
)~
)
PCBNo.05-109
)
REC~VE~.
CLERK’S OFFICE
NOTICE OF FILING
To:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center, Suite
11-500
100 West Randolph Street
Chicago, Illinois
60601
Richard M. Saines, Esq.
Baker
& McKenzie
130 East Randolph Drive, Suite 3500
Chicago, Illinois
60601
(312) 861-8000
BradleyP. Halloran, Esq.
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, Illinois
60601
(312) 814-8917
Kevin E. Buick, Esq.
Cliffe, Foster, Corneille, Buick & Buick
331 West State Street
Sycamore, fllinois
60178
(815) 895-7411
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk ofthe Pollution
Control Board the
Post-Hearing Briefof the
Illinois Environmental Protection Agency in the
above-captioned matter, copies ofwhich are herewith served upon you.
March 24, 2005
Respe
fully submitted,
I
aries W.
Gunnarson
Assistant Counsel
Charles W. Gurmarson
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East, Post Office Box 1976
Springfield, illinois
62794-9276
(217)782-5544
v.
MAR 29
2005
STATE OF ILLINOIS
Pollution Control Board
THIS FILING IS
SUBMITTED
ON RECYCLED PAPER
RECEIVED
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
MAR 29
2005
PAUL JOHNSON,
INC.
)
STATE OF ILLINOIS
Petitioner
)
Pollution Control Board
)
)
v.
)
PCB No.
05-109
)
(Petition for WaterWell
ILLINOIS ENVIRONMENTAL
)
Setback Exception)
PROTECTION AGENCY and
)
VILLAGE OF WATERMAN,
)
Respondents.
)
POST-HEARING BRIEF OF RESPONDENT ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
NOW COMES the Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
(“Illinois EPA”), by Charles W. Gunnarson, one of its attorneys, and respectfullysubmits
its
POST-HEARiNG BRIEF
(“Brief’)
in the above-captioned matter.
This Brief is being filed
pursuant to the schedule agreed to by the parties and the Hearing Officer for the Illinois Pollution
Control Board (“Board”) at the March
8, 2005 hearing in this matter, and memorialized in the
Hearing Officer’s Hearing Report ofMarch 21, 2005.
For itsBrief, the Illinois EPA states as
follows:
1.
On December
10, 2004 the Petitioner, PAUL JOHNSON, INC. (“P11”) filed its Petition
for Water Well SetbackException (“Petition”) with the Board for its former trucking leasing and
repair facility (“Facility”) in Waterman, DeKaib County, Illinois.
The water well setback
exception is sought by PiTto enable it to utilize direct-push bioremediation techniques to
remediate
arelease of petroleum hydrocarbons to the ground atthe Facility.
2.
On January 27, 2005 the Illinois EPA filed its Response to Petitioner’s Petition for
Community Well Setback Exception (“Response”), pursuant to 35
111. Adm. Code
106.306(a).
In
its Response, the Illinois EPA recommended that the Board grant the exception, subject to three
conditions:
a).
The data provided by PJI to the Illinois EPA subsequent to the filing of its Petition
demonstrating the effectiveness ofthe direct pushbioremediation technique be entered
into the record of thisproceeding and made available to the Board and other concerned
parties for review prior to the Board’sfinal order in this matter;
b).
The data provided by PJI to the Illinois EPA subsequent-to the filing of its Petition
addressing the environmental impactlhazard to the potable water supply well of the
direct push bioremediation technique be entered into the record of thisproceeding and
made available to the Boardand other concerned parties for review prior to the
Board’s final order in this matter; and
c).
The Board orders PJI to continue groundwater remediation efforts for petroleum
hydrocarbons for aminimum oftwo (2) consecutive quarters with no exceedence of a
Class I: Potable Resource Groundwater standard
(35
Ill. Adm. Code 620.410) or an
applicable remedial objective pursuantto
35
Ill. Adm. Code 742, before
bioremediation is considered complete.
3.
During the hearing in this matter held on March 8, 2005, PJI introduced into the hearing
record the information concerning the effectiveness ofthe direct push bioremediation technique,
as well as the information concerning the environmental impact/hazard to the potable water
supply well from the direct push bioremediation technique, that was supplied to the Illinois EPA
subsequent to the filing of its Petition.
That information was ultimately admitted into the record
as evidence.
(Tr. pg. 61)
4.
During closing arguments atthe hearing, counsel for PJI noted for the record that PSI
did not object to the condition that it continue its proposed remediation of petroleum
hydrocarbons for a minimum of two (2) consecutive quarters with no exceedence-ofa-Class I:-
Potable Resource Groundwater standard
(35
fll. Adm. Code 620.410) or an applicable remedial
objective pursuant to 35 Ill. Adm. Code 742, before bioremediation may be considered complete..
(Tr. pg. 63)
2
WHEREFORE, the Respondent, Illinois EPA, respectfullyrecommends that the Board grant
-
the water well setback exception request of the Petitioner PJI, on the condition that it continue the
proposed remediation activities until such time as a minimtim-of two (2) consecutive quarters of
sampling indicates no exceedence of a Class I: Potable Resource Groundwater standard
(35
ill.
Adm. Code 620.410) or
an applicable remedial objective pursuant to 35-ill. Adm. Code 742, after
which bioremediation efforts may be considered complete.
The Illinois EPA notes that the
information regarding the proposed bioremediation plan the Illinois EPA requested of PIT
subsequent to its filing of its Petition was ultimately entered into the record atthe hearing as
evidence.
Respectfully submitted:
ILLINOIS ENVIRONMENTAL
-
Assistant Counsel
Division of Legal Counsel
Dated:
March 24, 2005
ILLINOIS ENVIRONMENTAL
-
PROTECTION AGENCY
1021 North Grand Avenue East
-.
PostOffice Box 19276
Springfield, Illinois
62794-9276
-
(217) 782-5544
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
3
CERTIFICATE OF SERVICE
I, Charles .W.
Gunnarson, certify
that I have served the attached
Post Hearing Brief
of the Illinois Environmental Protection Agency, by first class mail, upon the
following
persons:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center, Suite
11-500
100 West Randolph Street
Chicago, Illinois
60601
Richard M. Saines, Esq.
-
Baker & McKenzie
130 East Randolph Drive, Suite 3500
Chicago, illinois
60601
(312) 861-8000
Bradley P. Halloran, Esq.
Hearing Officer
illinois Pollution Control Board
James R. Thompson Center, Suite
11-500
100 West Randolph Street
Chicago,
Illinois
60601
(312)
814-8917
Kevin E.
Buick,
Esq.
Cliffe, Foster, Corneille, Buick & Buick, LLC
331
West State Street
Sycamore,
Illinois
60178
(815)
895-7411
aries W.
Gunnarson
Assistant Counsel
Illinois Environmental Protection Agency
A~/~A.
~
DATED:
March 24, 2005
-
THIS FILING IS
SUBMITTED ON RECYCLED PAPER

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