It E CE IV EL)

RECEIVED

RELEASABLE
RELEASABLE
-REVtEWER MM
Division File Information (Optional): (Arranged chronologically) REVIEVVER MM
RELEASARLE
~J 4S /))~ r’~J ~

It E CE IV EL)

CLEPK’~QFflfl~

BEFORE THE POLLUTION CONTROL BOARD

JUL

4 2003

OF THE STATE OF ILLINOIS

STATE OF

ILLINOIS

MICK’S GARAGE,

Pollution Control

Board

Petitioner,

)

PCB No. 03-126

ILLINOIS ENVIRONMENTAL

)

(UST Appeal)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

Dorothy M. Guim, Clerk

Curtis W. Martin

Illinois Pollution Control Board

Shaw & Martin

James R. Thompson Center

123 South Tenth Street

100 West Randolph Street

Suite 302

Suite 11-500

P.O. Box 1739

Chicago, IL 60601

Mt. Vernon, IL 62864

Carol Sudman, Hearing Officer

Illinois Pollution Control Board

600 South Second Street

Suite 402

Springfield, IL 62704

PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution

Control Board a MOTION FOR LEAVE TO FILE INSTANTER THE ADMINISTRATIVE RECORD

and ADMINISTRATIVE RECORD, copies ofwhich are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

John J.~rm

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: July 9, 2003

RECEIVED

BEFORE THE POLLUTION CONTROL BOARD

Ct.ERI(’S

JUL 1 4OFFiCE

2003

OF THE STATE OF ILLINOIS

MICK’S

GARAGE,

Petitioner,

))

PollutionSTATE

OFControlILLINOISBoard

)

PCB No. 03-126

ILLINOIS ENVIRONMENTAL

)

(UST Appeal)

PROTECTION AGENCY,

)

Respondent.

)

MOTION FOR LEAVE TO FILE INSTANTER THE ADMINISTRATIVE RECORD

NOW COMES the Respondent, the Illinois Environmental Protection Agency (“Illinois

EPA”), by one of its attorneys, John J. Kim, Assistant Counsel and Special Assistant Attorney

General, and, pursuant to 35 Ill. Adm. Code 101.500, hereby requests that the Illinois Pollution

Control Board (“Board”) grant the Illinois EPA leave to file instanter the Administrative Record

for this matter. In support ofthis motion, the Illinois EPA states as follows:

The Petitioner, Mick’s Garage, filed its appeal on or about May 16, 2003. The

Illinois EPA received notice ofthe Petitioner’s filing on May 19, 2003. Pursuant to 35 Ill. Adm.

Code 105.116, the Administrative Record (“record”) is to be filed with the Board within thirty

(30) days after the filing ofthe petition. Accordingly, the record was due to be filed on or before

June 15, 2003. That date was a Sunday, and the following business day was June 16,2003.

This appeal is linked to a number of other appeals involving a common

environmental consultant retained by the respective owners or operators that have filed petitions.

The Petitioner and the Illinois EPA have been in discussions regarding the

resolution of this and all other related actions. Further, the parties have been in contact with the

Hearing Officer assigned by the Board.

Following extensive discussions between the parties, the progress of which has

been consistently and periodically provided to the Hearing Officer, the parties have agreed that a

number of other related appeals can be considered as either settled or not in need ofa hearing at

this time. Specifically, of 10 appeals involving the common consultant originally set for hearing

in July, six have since been either resolved or will be stayed pending flirther efforts to resolve the

underlying issues.

The time spent negotiating the resolution of these appeals has delayed submission

of the Administrative Record, although the end results were certainly worth the effort expended.

The Illinois EPA nonetheless regrets the delay, and hopes that the Board will accept this late

filing.

WHEREFORE, for the reasons stated above, the Illinois EPA hereby respectfully

requests that the Board grant the Illinois EPA leave to file instanter the Administrative Record.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Resi

JoMfJ~Ki:

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: July 9, 2003

This filing submitted on recycled paper.

K~ Ct~IV ~

CLERK’S OFFICE

BEFORE THE POLLUTION CONTROL BOARD

JUL 1 4 2003

OF THE STATE OF ILLINOIS

Petitioner,

)

STATE

OF ILLINOIS

)

Pollution Control

Board

)

PCB No. 03-126

ILLINOIS ENVIRONMENTAL

)

(UST Appeal)

PROTECTION AGENCY,

)

Respondent.

)

ADMINISTRATIVE

RECORD

NOW COMES the Respondent, the Illinois Environmental Protection Agency (“Illinois

EPA”), by one of its attorneys, John

Kim, Assistant Counsel and Special Assistant Attorney

General, and, pursuant to 35111. Adm. Code 105.212, hereby files this Administrative Record

(“Record”) of the Illinois EPA’s decision in this matter. An original and requisite number of

copies ofthis Record are herewith filed with the Illinois Pollution Control Board (“Board”) and

the Petitioner, Mick’s Garage.

The Record consists of the following documents:

Document/Description

Page(s)

Letter from Illinois EPA to Mick’s Garage dated February 7, 1992

1-2

Letter from Illinois EPA to Mick’s Garage dated March 9, 1992

Letter from Illinois EPA to Mick’s Garage dated March 24,

1993

Letter from United Science Industries, Inc. to Office ofthe State Fire Marshal

datedMay 17, 2000

Underground Storage Tank Fund Eligibility and Deductibility Application

6-8

UST Information Sheets

9-10

LUST Technical Review Notes

11-12

Memorandum from John Barrett to Doug Oakley dated August 21, 2002

Letter from United Science Industries to Illinois EPA dated August 8, 2002

14-22

Letter from Illinois EPA to Mary Fincher Estate/Mick’s Garage dated

September 4, 2002

23-26

Letter from United Science Industries to Illinois EPA dated November 12, 2002

27-35

Letter from Illinois EPA to Mary Fincher Estate/Mick’s Garage dated January

10, 2003

36-38

MICK’S GARAGE,

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Special Assistant Attorney General

Division of Legal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: July 9,2003

This filing submitted on recycled paper.

Assistant Counsel

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on July 9, 2003, I served true and

correct copies of a MOTION FOR LEAVE TO FILE INSTANTER THE ADMINISTRATIVE

RECORD and ADMINISTRATIVE RECORD, by placing true and correct copies in properly

sealed and addressed envelopes and by depositing said sealed envelopes in a U.S. mail drop box

located within Springfield, Illinois, with sufficient First Class Mail postage affixed thereto, upon

the following named persons:

Dorothy M. Gunn, Clerk

Curtis W. Martin

Illinois Pollution Control Board

Shaw & Martin

James R. Thompson Center

123 South Tenth Street

100 West Randolph Street.

Suite 302

Suite 11-500

P.O. Box 1789

Chicago, IL 60601

Mt. Vernon, IL 62864

Carol Sudman, Hearing Officer

Illinois Pollution Control Board

600 South Second Sfreet

Suite 402

Springfield, IL 62704

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respon ent

JohnJ.Kim

Assistant Counsel

Special Assistant Attorney General

Division of Legal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

•

Illinois Environmental Protection Agency

P. 0. Box 19276. Springfield. IL 627~6

217/782—6761

Refer 

to:

LPC

#ll908S500~

Madison 

County

Pontoon Beach/Nick’s Garage

Highway 111 and 1—270

LUST Incident No. 911582

LUST/Fiscal

Certified 4 

p SBL 208 905

February 7, 1992

Flick’s Garage

Attn: Steve Fincher

103 Kutter Drive      

East Alton, Illinois 62024

Dear Mr. Fincher:

The Application for Reimbursement from the Underground. Storage Tank Fund

(Fund) for the above referenced site, received by the Agency November 15,

1991, has been reviewed. It has been detenitined that you are eligible to seek

reimbursement for corrective action costs associated with the occurrence

referenced by the above Incident number, accrued on or after July 28, 1989, in

excess of $50,000.00.

It has been determined that you are ineligible to seek reimbursement for

Corrective Action Costs associated with the two (2) 500 gallon heating

oil/kerosene tanks for the following reason:

The owner or operator has not registered the tank in accordance with

Section 22.18b(aH4) or the Gasoline Storage Act and paid into the Underground

Storage Tank Fund all fees required for the tank in accordance with Sections 4

and S of that Act and Regulations adopted by the Office of the State Fire

Marshal.

A $50,000.00 deductible applies to sites where the costs incurred were in

response to a release of petroleum which first occurred prior to July 28,

1989; and the owner or operator had actual or constructive knowledge that such

a release occurred prior to July 28, 1989. It shall be the burden of the

owner or operator to prove to the satisfaction of the Agency that the owner or

operator had no actual or constructive knowledge that the release of petroleum

for which the claim is submitted first occurred prior to July 28,1989.

(Section 22.18b(d)(3)(C)(ii) of the Illinois Environmental Protection Act).

The review of January 29, 1992 indicates that Application for Reimbursement

for the. above referenced sites indicates that the owner/operator knew of

release in 1980.. The contamination from this release has not been

addressed.

According to the application, both of the 20,000 gallon diesel fuel tanks were

taken out of service in 1980 due to a leak in line going from connecting tank

to pump.

RELEASABLE

DEC 23 2002

.--

—~~--

Illinois Environmental Protection Agency:

P. 0. Box 19276. Springfield. XL 62794-9276

Page2     

.me above decision relates only to your eligibility to seek reimbursement from

the Fund. Once submitted, the corrective action costs will be reviewed

separately to determine if they are allowable. To avoid delays, please insure

that you include all proper documentation in your submission; Professional

Engineer Certification form, legible copies of all invoices, proof of payments

(front and back of all checks), and Agency Standard Billing Forms documenting

all work performed.  

This constitutes the Agency’s final decision as it relates to your eligibility

and deductible amount. An underground storage tank owner or operator may

appeal this decision to the Illinois Pollution Control Board (Board) pursuant

to Sections 22.l8~(g)and 40 of the Illinois Environmental Protection Act. An

owner or operator who seeks to appeal the Agency’s decision shall file a

petition for a hearing before the Board within 35 days of the date of mailing

of the Agency’s final decision (35 Ill. Mm. Code 105.102(a)(2fl.

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

Scezj~

Angela A~eTin,- Manager

State Sites Unit

Leaking Underground Storage Tank Section

D9ision of Land Pollution Control

~/‘TAAT:JEH:jar/030l

r,58—59

cc: Division File

Collinsvllle Region

Ronald Schallawitz

Kyle Rominger

Jay Hamilton

2

Illinois Environmep.tal Protection Agency

P. 0. Box 19276. Springfield. IL 62794-9276

211/782—6761

March 9, 1992

M1d1s Garage

Attn: Steve Fincher

103 (utter Drive

-‘-

East Alton, Illinois 62024 .

Re:

LPC#1!90855cS”~

Madison..County

•

Pontoon

Beath/Wick’s Garage

Hfghway ill

1—270

LUST

Inc1dentC~oV’91l582

LUST/Fl scat

Dear Mr. Fincher:

The Application fôrReiaburs~entfro~athe Underground Storage Tank Fund

(Fund) for the. abovereferenced site has beenreviewed. It has been

determined that:yOU are eligible -to seek-rei~ursementfor corrective

action

costs

associated with the

occurrence

referenced by the

above

incident nu~er,

accrued

on or after

July 28,

1989, In

excess

$50,000.00.

$50,000.00

deductible applies to sites where the

costs

incurred were in

-i-espouse

to a release

petroletc

which

first

occurred

prior

July 28,

1989; and the owner or operator had actual

constructive kRowledge

that

such

‘a release occurred

prior

July 28, 1989. It.shall be

the burden of the

c~er or operator to prove to the satisfaction of the Agency that the owner or

operator

had

no actual or constructive knowledge that the

release

petroleum

~for

which

the ci

ala Is submitted

first

occurred prior to

July 28, 1989.

~(Section22i8b(4fl3)(C)(li) of the

Illinois. Environiiental

Protection

Act).

‘The

review of

January

29, 1992 indicates that

the

owner/operator was aware

release

train

the

liSt

system in 1980.

The contamination- from this

release

has

not been addressed.

According.

tosthe~application, both

-the 20,000

gal

Ion

diesel

fuel tanks were

.taken outof seryiceIn 1980 due-to a

leak-in

line

goingfrcw:connecting tank

~to pimp.

The above decision relates

only to

your

eli~tbility to

seek’ret~an~ent -from

-the

Fund.

Oacesubmitted,

the

corrective-action

costs

will

brreviewed

separately to~determine

if they are allowable. To avoid delays,

please insure

tthat-.you

include

all-’-proper tatentation in your submission; Professional

jngineerCertification-foni,

le9iDle copies

of all

invoices,--proof of payments

Ifrent 

.andbackof

all checks),and

-AgencyStandard

BlUing Forwsdoctaenting

all work-performed.

Sincerely,

Angela

Tin, Manager

RELEASABLE

State Sites Unit

Leaking

Underground

Storage Tank Section

n,ir,~1

32002

Division of Kemedlatlon Managtaent

Surepf

Land

REVIEWER MD

a1t..Ww—4a~mfl~s-

ç,

Illinois Environmental Protection Agency

tO.

Box

19276,

Springfield,

62794-9276

217/782-6761

-March

24, 1993

Micks Garage

Attn:

Steve Fincher

103

Kutter Drive  

East Alton, IL 62024

. -

Re: LPC#1I9O855O~--Madison County

Pontoon Beach/Micks Garage

Highway 111 and

1—270

LUST Incident #911582   

LUST/Fiscal -

Dear Mr. Fincher:   

The Illinois EPA is in receipt of your March 3, 1992 letter as sub-

mitted by ARDL Inc. The Agency has completed its review of the in-

formation submitted in 

regards

to eligibility from the Underground

Storage Tank Fund.

After confirmation with the Office of the State Fire Marthal, the Agency

is reinstating the eligibility status of the two—five hundred gallon

heating oil tanks. These two tanks are now eligible to seek reimburse-

ment from the UST Fund.

The Agency apologizes for any inconvenience in regards to incorrectly

referencing the (2) 2,000 gallon diesel fuel USTs as (2) 20,000 gallon

diesel fuel ,USTs as stated in the Agency’s letter of February 7, 1992.

If you 

have any questions in regards to your eligibility, please call

JAY HAMILTON at 217/782—6761.            

.. -

Sincerely,

Bur Filson, Manager

Northern Sub—Unit

State

Sites 

Unit

Leaking Underground Storage Tank Section

Division of Remediation Management

Bureayf Land                  

bee: D-ivis Ion Ril

collinsville Region

Angela Aye Tin

L...~r

Jay Hamilton

Thelma xnoles

DEC

‘~ 32002

Karl Kaiser

•

REVIEVVEA MM

6295 East

IL Hwy 15

P.O. Box 360

Woodlawh, IL 62898

May 17, 2000

Office

the State Fire Marshal

Division of

Petroleum and Chemical Safety

1035

Stevenson Drive

Springfield, IL 62703-4259

Re:

Facility ID #6-011735

Mick’s Garage/Madison County

1251 E. Chain of Rocks Road

Pontoon Beach

Incident 911582

To Whom It May Concern:

I /

~55O~- ~2ao-’~

ThTCX

Phone (616) 735-2411

FAX (616) 735-2907

Please find the Eligibility and Deductibility Applicationforthe above site for your review.

I appreciate yourtime and consideration. Ifyou have any questions cr comments regarding this

enclosure, please contact me at (618) 735-2411. Thank you.

Very Truly Yours,

RELEASABLE

NOV 0 92000

-REVtEWER MM

United 

S&ence Industries, Inc.

ProjectManager

BR:bw

Enclosures

Underground Storage Tank Fund

- -

Eligibility and Deductibility Application

This

application 

must be submitted by all underground storage tank owners

or operators

planning to seek reimbursement of corrective action costs from the Underground Storage

Tank

(UST) Fund. Instructions 

and definitions to aid

in completing the application 

are

‘attached..  

The application must be completed in its entirety. 

All

signatures 

and

seals must be

originals signed in ink. 

Incomplete applications will be

returned 

to the applicant. Any

revisions to the original application mustbe dated 

and

initialed by the person entering the

new information. 

This

must be the sameperson who signs the application. If a facility is

not in compliance with registration requirements your application will be returned. 

not submit bills with the application.

To ensure proper routing, 

NOT submit the application with reports, with copies of

reports or inside reports. A duplicate copy of the application is not required.

Following the review of your application, you will receive a letter stating whether you 

are

eligible 

and

the applicable deductible amount.

OSFM

Facility

IL) #:

6—011735           

1. Name of Applicant:

Mary Fincher Estate

Tank Owner:

_._2

Tank Operator:

—

(Check those that currently apply)

Mailing Address of Applicant: ~) BOX

8025

City: Mitchell

State:

Zip:

62040

Contact Person:

Max-v Ann 

Williams

2. Current Owner: M~rv

Fincher

Estate

a.)

Tank:

.....X.

Property: ..L. 

Lessee:_

(Check those that currently apply)

Mailing Address: DO BOx

8025

City: Mitchell

State:

Zip:

62040

Phone:

(  618 )    931—4330

The OSFM is reque,ting

disclosure ofInformation to process your Eligibility and Deductibility Application in order to

accomplish the statutory purpose as stated in 415 IL.CS, ActS, Environmental Protection Act. This is REQUIRED because

failure to provide the requested information will result in this form not being processed, and there

Will

be no eligibility or

deductibility determination for purposes ofthe liST Fund. This form has been approved by the Forms Management Center.

REcEtvE~

~isy

182000

b.) Date Facility Property Purchased:

_____________________________

c.) Were tanks in the ground on date ofpurchase? Yes

—

d.)

If no, were they installed after your purchase?

e.) Have you ever operated these tanks; pumped product in or out during the ordinaiy

course of operation?

Yes........._

—

3. Previous owner/operator

Tank:

Property:

Lessee:

(Check those that currently apply)

Current mailing address: ____________________________________________________

City:

_________________________

State:

_______________

Zip:

Phone:

(

)

4. Facility Name: Mick’

Gatace

Facility Address: 1251 E. thain of Rocks Road

City: Writ-cnn Beach

County:

t~dison

Occurrence for which you intend to seek reimbursement: Incident #

911 582

Other incident numbers reported at the site: 990820 (~a~zd

I~!Xrt1n ~

tie ~ie ~za~)

(A separate application must be filed for each occurrence. Please indicate if any ofThe

additional incident numbers are enr,neously reported incidents, or a second reporting of the

same dccurrence for which you intend to seek reimbursement.)

6. Person and official title notifying IEMA (previously ESDA) ofthe occurrence

for

which you intend to seek

reimbursement:

Steve

Fincher              

Date IRMA notified of the occurrence for which you intend to seek reimbursement:

6—11 —91

7. NumberofUSTsatthesite:

(A UST includes USTS presently at the site and USTs that have been removed,),

8. Number of liSTs at the site that have had a release:

(An liST release includes a

leak

from

underground tank, a release from underground piping associated with the tank, plus overfihls ofthe lIST

during

filling).

9. Type ofrelease (check all that apply):

UST leak

Ovethll ofan liST during filling

X Underground piping leak

Other (please attach description)

ID. Is the UST owner or operator the U-S. government?

Yes

_______

IL Is the liST owner or operator a rail carrier registered pursuant to Section lSc-720 1 of the Illinois Vehicle Code?

____Yes

X No

12.

the liST located at an airpbrt with over

300,000

operations per year and in a city ofmore than 1,000,000

inhabitants?

Yes

____No

13. Has corrective action work began?.

______

_____

Date

Was corrective action work completed?

_______

Yes

______

Date

The following cenificalion

must be completed by the UST owner/operator:

Brad Richards

the OWner, Operator or designated agent, thereof, of

Garage

Leaking Underground Storage Tank site, do hereby certi~’under penalty of law, that this application and the supporting

documentation attached heretowere preparedunder my direction or supervision in accordance with a system designed to

assure that quality personnel properly gathered and evaluated the information-submitted therein. I affirm that the

information is, to the best ofmy knowledge and belief, true, accurate and complete. Such affirmation i~made under penalty

of perjury as defined in Section 32-2 of the Criminal Code, 720 ILCS 5/32-2. ram aware that there are significant penalties

for submitting false information, including the possibility of fine and imprisonment for knowingly committing violations.

The “Eligibility and Deductibility Deterrninatiort” decided pursy~ntto thj~docuwent is subject to the costs being associated

with “Corrective Action” of Title XVI. Petroleum US

// r77 /

Signawre (Owner, Operator or designatedagent):

~J (~k-ks

Title: Project Mariaeer (United

Science 

Industries. Inc.)

Date:

_________________

Subscribed and sworn to before me this

day of

Y’flCtc4ç—.

(Application must be notarized when the certificate is signed. )¼.)

Notaiy

Public,

State of illinois

Commission

Exp#-~12-28-2QQ~

Note: Original signatures in ink and seals are required for the certification and notarization. Attach

the liST information sheet behind this page. This form may be reproduced on a copier but cannot be altered

in any way. 130 NOT reproduce on a computer; this will be grounds for rejection.

UST Information Sheet

The information below must be provided for each UST at the site (USTs presently at the site and USTs that have been removed).

Please photocopy this page if

more space

is needed.

All spaces must be completed for-each tank. If you have any questions, please refer to the instructions.

OSFM Facility ID ii:

64)11735.

- -

IsUST

Has UST

Legally

Size

Date

Date Out of

Date

Date    

IBMA

Date

IEMA

Regisiration Had a

Abandoned-

Tank

Product Code

(Gallons)

Installed

Service

Removed.

Registered

NUMBER

Notified

Fees Paid

Release

In-Place

-. -

(Fitted)

1.000

Est.

1983

4—1—99  

5—5—66

.911582

6—11—91~IT’~N

4.000

Est.56

1989

4—7—99

5—5—66

911562

6—11—91

t•

________

4.000

Est. 56

1969

4—7—99

5—5—86

911582

6—11—91

4,000

Est.

1989

.4—7—99

5—5—86

911582

6—11—91

_G__~ 44IflSL

1st. 11

1989

4-8—99

.fli5~2

6—11—91

n-~ 2~Oo&_ ~

g.g.~

911582

6-11-91

C~)

(~)

_____

~ftfl

J~_ J~_ 

911582 6-11-91

(~j

(3~)

6.CO0

Est.17

1990-

4-5-99

5-5-86

911582

6-11-91

(5?j

(?Ij

_____

FIX)

F~h 67

4—7-99

s~iiaa

911532

6-11-91

(?J

5(1)

~t. 67

Est. 73

J~5-99.

5-13-86

911582

6-11-91

(j)

Qi)

Product Codes

(Refer to instructions for definitions): C

Gas,

Diesel, A

Aviation fuels, K

Kerosene or

Used oil; H

Heating oil;

UAZ

Hazardous Substance;

Any product not included

under another code.

Comments:________________________________________________

________

lIST Information Sheet

The information below must be provided for each UST at the site (liSTs presently at the site and liSTs that have been removed).

Please photocopy this page

more space is needed.

All spaces must be completed for each tank. If you have any questions, please refer to the instructions.

OSFM Facility ID #:

6—011735

. -

-- -

IsUST.

Has

liST

Legally

Size

Date

Date Out of

Date

JEMA

Date

IEMA

- -

Registration

Had a

Abandoned-

Tank

Product

Code

(Gallons)

Installed

Service

Removed

Registered

NUMBER

Notified

Fees

Paid

Release

In-Place

500

tht.

1975

4-5-99

5-13-66

911582

6-11-91

(Filled)~

—

___

‘1

‘IN

___

-..

‘I

___

-.-~-

___

‘I

___

‘IN

___

‘I

___

YNVN

Product Codes

(Refer to instructions for definitions):

Gas, D

Diesel, A

Aviation

fuels,

Kerosene

Used oil;

Heating oil;

HAl- Hazardous Substance;

Any product not included under another code.

Comments:

LUST

TECHNICAL 

REVIEW

NOTES

Reviewed by:

John

Barrett

File Heading~EPA # 1190855002

Madison

Date Reviewed:

February

15,

2002

City/Site

Name

Pontoon Beach/Mick’s Garage

Address

Hwy

111 &

Chain ofRocks

LUST

Jncident#   

911582-990820

LUST 

Technical

File

Document(s) Reviewed:

Site Classification 

Report and Corrective Action

Plan

General Site Information:

IEMA date(s): 06/11/1991

Size & Product of 

Tanks: 11 tanks

UST System removed (Y/N): Y

Encountered Groundwater (Y/N):

Free Product (YIN):

Current/Past Land Use:

Reimbursement(Y/N/unknown): Y

RELFASARLE

OSFM Facility ID

#6-011735

Consultant:

United Science Industries

JAN

13 ~OU3

Division File Information (Optional): (Arranged chronologically)

REVIEVVER

Review Note Comments:

Site is 

OLD LAW that hasnot elected to proceed under

Title 16.

CAP

Form states that a budget is attached but I am unable to locate it in the package. Since this is

731, a budget is not required.

The cover 

letter

for the package includes documentation that the 

$50,000

deductible is in error.

Their contention is that the 

two

deductibles assessed by the OSFM 

are

the ones to collect.

Proposed methods of remediation:

Soil 

—

Chemical Oxidation & Soil Abatement

Groundwater— Chemical Oxidation

To-Date there have been 36 borings ofwhich26 have been completed as monitoring wells.

Plan is to excavate 

and

dispose of the contaminated soil, place a chemical oxidation 

compound on

the base of the excavation 

and

backfill 

with

sand 

and

soil 

with

a gravel cap to grade. After

backfill is complete five new/replacement wells will be place in the 

areas

of

highest

floor

contamination. If shown effective, chemical oxidation will be proposed for the off-site

groundwater contamination 

via

either direct push injection or horizontal 

drilling

injection.

Estimated 

amount

of soil to be removed is 19,965 to 21,666 yd3 on-site with the possibility of an

additional 7,060 to 7,064 yd3 off-site.

Although a budget is not included, the plan estimates a cost of $800,000 for excavation 

and

disposal

of the soil on-site or $35.00 

per

yd3.

Plan estimates 33 days to complete excavation and backfilling.

11

PM’s Recommendation/Comments:

Although it is not specifically stated, this site is classified

High Priority because of

contamination

off-site.

Approve the Corrective Action Plan maintain the Agency’s position that the $50,000 deductible

applies.

Response Due:

Memorandum

To:

Doug Oaldey

Froni:

John Barrett

Date:

August 21,2002

Subject:

Attached memo from consultant requesting reduction in deductible.

LPC # 1 WO&53~M4dison County

Pontoon Beach / Mick’s Garage

1251 East Chain of Rocks Road

LUST Incident#911582&990820

LUST Technical File

I don’t think that I can reduce a deductible. Tom asked me to forward a

copy to 

you

and

see if you want to have another meeting about this site.

This is the site that questioned the assessment of two deductibles when there was only

one release. When we looked at the file a third (older) deductible was found. You spoke

with

the OSEM and it was decided that the oldest deductible would rule. I do not see

anything in this memo that would change that assessment. Should the consultant send

this to the OSFM?

RELEASARLE

VIEWeR

im’cL3 ~or~e

P.O. Box 360

Phone: (618) 735-2411

6295 East Illinois Highway 15

Fax: (618) 735-2907

Woodlawn, Illinois 62898-0360

E-Mail: unitedscieneCunitedscience.com

August 8, 2002

Mr.

Joim Barrett

IEPA-Bureau .of Land

Division of Remediation Management

LUST Section

1021 North 

Grand

Ave. East

P.O. 

Box 19276

Springfield, IL 62794-9276

Re: Mick’s Garage

(JEMA

~ 911582)-LUST Deductible Determination

Dear Mr. Barrett.

0’~-

United Science Industries, Inc. currently represents Mick’s Garage at 1251 Chain-of-

Rocks Rd. in Pontoon Beach, Illinois in the Leaking Underground Storage Tank

(LUST)

program. Following a file review 

and

client interview, 

this letter will hope to clari~’the

information regarding the deductible amount. Supporting documentation is also provided

as

Attachments

A, B 

and C.

The LUST site 

known

as Mick’s Garage, a truck maintenance facility, reported a

“suspected” release on June 11. 1991 to IESDA and incident no. 911582 was assigned.

Please note that a “suspected release” was first reported. In 1991, it was a standard

practice to report a suspected release and to later 

confirm

a release either by a site

investigation and/or a UST removal. An Application for Removal of eleven UST’s was

received by the OSFM on November 2, 1998 

and

the OSFM approved the Application on

February

2. 1999. Bruce. Trucking and Excavating, Inc. from Granite City, IL in the

presence of 

Art

Jacobs, the OSFM Representative, removed the UST’s on April 5, 7, 

and

8.1999. The OSFM representative requested a second 

reporting ofthe same occurrence

on

April

5 and JEMA assigned a second incident no. 990820 to the site.

According to both the OSFM Inspectofs Log of Removal and the 45 Day report, releases

were noted from three 

(3)

4.000 gallon gasoline UST’s (tanks #2, 

4,5),

one (1) 500

gallon diesel UST 

(tank#9), and two

(2) 500 gallon heating oil UST’s (tanks # 10 

and

11). In a letter from IEPA, a question arose about a release from two (2) 2,000-gallon

diesel tanks (see Attachment A). According to the best information available to 

our

client.

it was a “suspected” leak in a line connecting the tank to the pump that caused the

UNITED SCIENCE INDUSTRIES

thetankstimeto

beoftakenthe

tank

outrethovalofserviceunder(Attachmentthe

directionB). ofHowever,the OSFMnorepresentative,releases

were evidentas

the

Removal Log indicates (Attachment C).

We hereby ask you to consider the information provided when reaching a final decision

on the deductible for this

site.

Respectfi~llyYours,

UNITED SCIENCE INDUSTRIES, INC.

Attachments

Project Manager

ATTACHMENT A

Illinois Environmental Protection Agency

‘

P. 0. Box 

19276. Springfield. IL 62794-9276

217 fl82—6761

March 9, 1992

Mick1s 

Garage

Attn: Steve Fincher

103 Kutter Drive

East Alton, Illinois 62024

Re:

LPC

#119085501

—

Madison County

Pontoon Beach/Nick’s Garage

Highway 111 & 1—270

LUST lncldentU4oJ’911582

LUST/Fiscal

Dear

Mr. Flncfler:

The

Application fbrReimburse~zent

frua the Underground Storage Tank Fund

(Fund) for the above referenced site has

been reviewed. It has been

determined tnat 

you are eligible

to seek reimbursement for corrective

action

costs associated 

with

the occurrence referenced by the above incident .nuater,

accrued on or after

July 28, 1989, in 

excess of

$50,000.00.

$50,000.00 de4uctlble

applies

to sites

where

the

costs incurred were

response

to

release of petroleum which first

occurred

prior to July 28,

1989; and the owner or operator had

actual 

constructive knowledge that such

a release occurred prior to July 28, 1989. It shall be the burden

the

owner 

operator 

to prove to the

satisfaction of the Agency that the owner or

operator

had

no actual or constructive knowledge that the

release of

petroleum

for

which

the claim is submitted first occurred

prior to July 

28, 1989.

(Section 22.18b(d(3)(C)(li)

the

Illinois

Environmental Protection

Act).

The

review 

of January 29, 1992 indicates

that the owner/operator was aware of

release from the liST system in 1980. The contamination from this release

has

not

been addressed.

According to

the

application,

both

of the

20,000

gallon diesel

fuel

tanks

were

taken out of service in 1980

due to a leak in line going from 

connecting

tank

ptnp.

The above decision relates only to your eligibility to seek

reimbun~ientfrom

the Fund.

Once 

submitted, the correctiveaction costs will be reviewed

separately to determine if they

are

allowable. To avoid delays, please

insure

•that you include

all

proper

docrentation in

your 

submission; Professional

Engineer

Certification forti, legible

copies of all

Invoices, 

proof

payments

(front

and

back of all checks),

and Agency Standard Billing Forms documenting

all

work 

performed.

Sincerely,

Angela Aye

Tin,

Manager

State Sites Unit

Leaking Underground Storage Tank Section

a.,

Division of R~ediation Managent

Bure~of

Land

£&T-ifll4nIflC7C,-

~‘

ee~ciEV’

ATTACHMENT B

IVIiCk’S Garage Inc..

IL 82040

July 31, 2002

Bob Puifrey

United Science Industries

6925 East IL 

Hwy 15

P.O. Box 360

Woodlawn, IL 62898

Dear Sir

Enclosed is a copy of log 

from the

onsfte State Fire Marshal in reference to the previously 

reported

leaking 

tank.

Please let me explain our position on 

this matter.

Wtien Mick’s Garage was required to register our underground storage tanks, I was the one elected to

fill out all the paperwork. The information provided in that 

paperwork

was to the best of my knowledge,

even though some of theinformation 

needed

predated my employment at the garage. I  was told to do

the best that I could do but I made flagrant 

error

in describing the reason for taking one of our tanks 

out

of

service.

In the 80’s we had one diesel island in operation 

with two diesel

pumps on the island. One pump 

was

connected to 

two 2000-gallon underground fuel tanks

and one pump was 

connected

to one 6000 

—

gallon underground 

fuel tank. In

or around 1980, a tractor-trailer had come through our driveway and

then proceeded to back up and backed up over our 

one diesel fuel pump that

was

notln ijswatlhat

moment. It pushed the pump sideways. The 

vehicle we had to 

fuel, I fried

to use the pump, but it

would not dispense any 

fuel. I erroneously concluded that a line had been broken going to the pump

and a leak had developed even though I had not seen either.

We did not 

need the pump as our fuel sales were very slow, so we considered the pump out of service

and never used it, or the 

tanks connected to it, again. Only at a later date, after I had filled out our tank

registration, did I  find 

out that the diesel pump was indeed a suction pump and when it was pushed

sideways, the line cracked going to the suction pump, so ft would not draw any fuel through the line.

This made it impossible 

for

the line to leak, as the pump could not 

draw

any fuel through the line.

This was in evidence at the excavation and removal of the 

two

2000-gailon fuel tanks. We had taken

photographs of the line going to the suction pump from the tanks and the surrounding soil. We have

tried to locate these photographs, but at this time have been unable to find them. It was clearly plain to

see that there was never a leak at this area. Mr. 

Art

Jacobs, the State Fire Marshal on site, concurred

with our findings and states that in his log (see enclosed document).

We are asking to have the deductible determination reduced due to our inaccurate 

reporting of-aleak

that never existed. Thank you for your time.

• Page2

July3l,2002

Sincerely,

~-m

Steve Fincher

President

AflACHMENT C

OfficE

-THE-STKTEtTREMARSHAL

FACILnY#__________

DIVISION OF

PETROLEUM 

AND CHEMI

1035

STEVENSON

PERMIT ~ f’4’c’,2

7-,979 £e..j

SPRINGFIELD.

ILLINOIS

b~-4259

RDO

221999

DATEREMOVED

*c~

LOG OF UNDERGROUND STORAGE TRNKBLMOVAL

_____________________

piv.

iav~. ~

QWNER

aeL~~~4tt

FACILITY

,J~.Alay

NAML

111k

ADbR.ss:JD. 

A*S~

...

ADDaESS:g41y

i/I

•#~

.1)

7°

CITY:

~11fl~je//

CITY:

,t1L~

iS~~4

STATE:

ZIP:_________ 

COUNTY:

6l~4eec.e.J

ZIP:

PHONE:__________________________

PHONE:

b’~

931

933b

STATUS: 

MTNOR

SIGNIFICANT

MAJOR

APPEARS TO BE NO RELEASE

AgEA OF CONTAMINATION: TANK

FLOOR

PIPE TRENCH______ OTHER_______

GROUND WATER CONTAMINATED: YES__-“NO___

ANY WATER WELLS (N ARIA? YES

NUMBER 

IANXS REMOVZD:__________

SIZEOFEACH

TANKREMOVED:

M_7f7’-M-_7pM-

M ____M

___

PgCDUaSTOKED:

Asrcajc 

jT7.’~S I Lr

____

DOES THIS TANK APPEAR

T0HAVELEAKZD?(yoRro:

____

_____

____

NIJMBEROFTANICSTOREMAZNINGRO(JNP:_________

SIZEOFEACHTAMK: 5

M ____M

NI ____M ____M ____NI

prtonua STORED:

______

COMMENTS:

1EMOVAL

CONTRACTOR:

AME;

/3gt:t?.

7~rcA~1

~. (.rc.

DDRESS:44”p/

liz

r/:

STATE:

~ONE:bS fY/ i?fl

ZIP:

6~Oc’O

GtST~T1ON#:

“

‘~~‘

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST, P.O.

Box

19276,

~RINCFIELD, ILLINOIS

62794-9276

RENEE CIPRIANO, DIREc-roR

217/782-6762

CERTIFIED

MAIL

SEP 0 14 ZflIQ

Mary

Fincher Estate/Mick’s Garage

Mary Ann Williams. Executor

5804

BangertDrive      

Edwardsville, Illinois 62025

Re:

LPC # 119085502-- Madison County

Pontoon Beach / Mick’s Garage

1251 East Chain of Rocks Road

LUST Incident #911582 & 990820

LUST Technical File

Dear Ms. Fincher:

The Illinois Environmental Protection Agency (Illinois 

EPA) has reviewed the material provided

in a letter dated August 8, 2002, submitted for the above-referenced incident. This material was

received by the Illinois EPA on August 12, 2002. The material was prepared by United Science

Industries. Citations in this letter are from the

Environmental Protection Act (Act) and 35

Illinois Administrative Code

(35

IAC).

This material was discussed with a representative of the Leaking Underground Storage Tank

Claims Unit and a representative ofthe Office of the State Fire Marshall. From this discussion,

the decisiQn was made that the proper deductible amount is the $50,000 that was originally

assessed for this site.

An underground storage tank owner or operator may appeal this final decision to the Illinois

Pollution Control Board (Board) pursuant to Section 57.7(c)(4)QJ) and Section 40 ofthe Act by

filing a petition for a hearing within

days after the date of issuance ofthe 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 the initial 35-day appeal

period. If the owner or opezator 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 the filing of an appeal, please contact:

RELEASABLE

GEORGE

f-I.

RYAN, GOVERNOR

t’JflV

“2

£ -~

Page2

Dorothy 0mm, Clerk

flhinois Pollution Contro~Board

State of Illinois Center

100 West Randolph, Suite 11-500

•

Chicago, IL 60601

312/814-3620

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

Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

Springfield, IL 62794-9276

217/782-5544

If you have any questions or need further assistance, please contact John Barrett at (217) 782-

4869.

Sincerely,

Thomas A. Henninger

Unit Manager

Leaking Underground Storage Tank Section

Division of Remediation Management

Bureau ofLand

TAR/TB

cc:

United Science Industries

Division File

‘~c~-

-44~-±t~.~t

house

Bill 4471 is now

Pnbfr kct 920554

•

Governor George

Ryan

signed House Bill 4471 into

law as PubfIC Act

92-0554

on June

24,2002. Public

Act

92-0554

amends

the Environmental

Protection

Act

Sections

57.1,

57.2, 57.5, 57.6, 57.7,

57.8. 57.10,

and

57.13 and adds Section

57.14A.

The

Act includes

some

significant changes to

the

handling

ofunderground

storage tank releases. Owners

or

operators who report a release

on or after

June

24,2002

will

no longer be able to

perform Site

Classification,pursuant

to 35111.

Adm.

Code 732.307

and

35111. Mm. Code

732312, and must

now

perform Site Investigation.

However, if a release

was reported

prior to June 24,2002, owners

operators

may

elect to perform

Site

Investigation.

Public Act

92-0554 

also raised the maximum amount that

may be 

reimbursed from

the

Underground Storage Tank Fund.

The Illinois 

EPA will request

that the Illinois Pollution

Control Board chatige the Illinois 

Administrative

Code to reflect Public Act 

92-0554.

This change is expected to occur in 2003.

Public Act

92-0554

may

be viewed at:

http://www.1egis.stateiI.us/pubIicacts/pubact9~?acts/92-O554.htrn1

The effective date ofPublic Act

92-0554

was June 24. 2002.

For additional 

informaflon, please

call the Illinois EPA, 

Leaking Underground Storage

Tank

Section at (217) 782-6762.

.~__~:-•.•--~_

U.S. Pnstal

Service

CERTiFIED MAIL RECEiPT

(flnmcstic Mail Only;

Insurance C~~vcmgePrt~viderf)

~jf~f‘Its

Postage $

CertafledFn

SE~

Return

PocefpIFee

(Endorsement

Required)

Total

Mary Fincher Est~k~&~Gnge

sent To

Mary Ann

Williams, Executor

5804 Bangert

Dr.

po Box No.

Edwardsville, IL 62025

~&)~~sta

zip.-.

PS Form 3800 J~ri

U35

?OO1

S~ rioverse jar Lnstr~chnns

-D

I1~

I-n

fl-I

u-I

UNITED SCIENCE INDUSTRIES

P.O.

Box 360

Phone: (618) 735-2411

6295 East

Illinois Highway 15

~ ~

Fax: (618) 735-2907

Woodlawn,

Illinois 62898-0360

—

E-Mail: unitedscience@unitedscience.com

November

12,2002

flhinois Environmental Protection Agency

Bureau ofLand

Division ofRemediation Management

•LUSTSection

1021 North 

(hand Avenue East

Springfield, IL

62792-9276

Attn: John Barrett

Re:

LPC# 1190855002— Madison Co.

Mick’s Garage

1251 East Chain of Rocks Road

RELEASABLE

LUST Incident No’s. 911582& 990820

Project #1899158

DEC 2 2

zgo?

LUST Technical File

REVIEWER

Mr. Barrett:

Enclosed 

herewith, is the Site Characterization

Report/Corrective Action Plan for the

above 

referenced

LUST site. The Site Characterization Report describes 

all the

work

performed

to date to determine both the degree 

and

extent of contamination. The

Corrective

Action Plan describes the proposed Corrective Action

activities to reinediate

soil

and groundwater.

Due to

very

high levels of soil

~ontamination, the close proximity of the Roxanna

Landfill 

and taking an opportunity

of a special price 

of $10.50 per ton for disposal of

contaminated soil 

and

$25

per load for backfill,

United Science Industries (USI) is

recommending excavation 

and disposal

as the preferred remediation method. Based on

the above factors, USI 

has

estimated the cost té be less 

than $35.00 per

cubic yard. In

conjunction with excavation, chemical 

oxidizing compound

will be applied to the floor to

remediate the groundwater, which has been shown to be effective at 

several other USI

LUST sites.

USI, on behalf of Mick’s Garage, is requesting a resolution of the deductible

determination. Attachment A is a record of conversation with

the Office 

r~t

~tJVED

IgUV   

2002

27

Marshall

(OSFM), which maintains; 

two

deductibles $10,000 

and $15,000 are the proper

amounts

to be applied to 

this

site. Attachment B is the OSFM Removal Log observing

that 

the two

diesel tanks in question 

did

not have releases “as suspected” 

and attachment

~ is a valid explanation of the reporting of these “suspected” releases from the

Owner/Operator.

With the submission of these documents, USI 

maintains

that the Owner/Operator has

provided the burden of proof necessaiy to resolve 

the

deductible. We hope 

this matter

can be resolved 

quickly, so we can

move fonvard 

with

the important 

task

of protecting

humanhealth

and the environment.

USI,

upon receipt ofOwner/Operator Certifications, will

be

submitting costs incurred

to

date from the Site Investigation Plan and Plume Identification Activities.

These 

will be

sent to Doug Oakley’s attention for review.

appreciate your time 

and

consideration in 

this matter.

If you have 

any

questions or

comments

regarding 

this matter

please contact me 

(618) 735-241

br e-mail at

bpulftey~unitedscience.com.

Sincerely

yours,

UNITED

SCIENCE INDUSTRIES, INC.

Bob

Puifrey

Project Manager

cc: Doug Oakley

John Kim, EPA Attorney

ATTACHMENT A

ZLa~JflLP.

tjr

)NVERSATION.

“Telephone

Call (tottrom)

Meeting

Route

To:

ization

~e~•

Dale

Title

-O

Time

tzte~Zip

RENCE

Telephone Number

(21?

71C—/o~?c

~onSumma~

~~Si2f/CL

OLCM

~ ~

c~gcLju

4r

,& ;:4.

ht~’

4/-

/)4L45 ti~’-

~J4I

jLCAá

a)I,Itl

¼~J~

//~oo~d2//s~7O~

~J 4S

/))~

r’~J ~

~4d-

?e~ ~

~tL

~j~o4’s2J

.~ik~t

A ,A+~cot

ch

‘~—,

•

~c.

By__

A&4i

J44.~4

ProjedNumber

/j99ftf

±--

ATTACHMENT B

P.O.

Box 8025

Mitchell, IL 62040

flog 

from the onsite State Fire Marshal in reference to the previously reported

et me

explain our position on this matter.

was required to register our underground storage tanks, I was the one elected to

rk. The information provided in that paperwork 

was

to The best of my knowledge,

the

information

needed predated my employment at the garage. I was told to do

a

but

I made flagrant error in describing the reason for taking one of our tanks out

e diesel island in operation with 

two diesel pumps on

The island. One pump 

was

)O-gallon underground fuei tanks and one pump was connected to one 6000 

—

el

tank.

In or around 19801 a tractor-trailer had come through our driveway and

ok up and backed up over our one diesel fuel pump that was not in use at that

e pump sideways. The next vehicle we had to fuel, I tried to use the pump, but it

iy fuel. I erroneously concluded that a line had, been broken going to the pump

ped even though I had not seen either.

urnp as our 

fuel

sales were very slow, so we considered the pump out of 

service

he

tanks

connected to it, again. Only at a Later date, after I had filled out our tank

out that the diesel pump was indeed a sucthn pump and when it 

was

pushed

cked

going to 

the suction pump, so

it would not draw any fuel through the line.

e for the line to leak, as the pump could not draw any fuel through the line.

at the excavation and removal of the 

two

2000-gallon fuel tanks. We had taken

e going to the suction pump from the tanks and the surrounding soil. We have

~otographs,but at this time have been unable to find them. It 

was

clearly plain to

,er a leak at this area. Mr. 

Art

Jacobs, the State Fire Marshal on 

site,

concurred

tates that in his fog (see enclosed document).

the deductible determination reduced due to our inaccurate reporting of a leak

~nkyou for your time.

July 31, 2002

ATTACHMENT C

NAME:

~4.

~~H—~-

ADDR.ESS

/~~

~S~1

:cITY:

OFFiCE OF THE STATE FIRE MARSHAL

_____________

DIVISION OF PETROLEUM ANDCHEMIcAL_S

1035

STEVENSON

___________

SPRINGFIELD, ILLINOIS

~~-4259

22 I999

LOG OF

1JNDERGROUT~~D

STORAGE T~NkT~EMOVAL

—

_______

STATE:

/1-

ZIP:

2~’yc,

__________—

PHONE:

STATUS: MINOR

—

SiGNIFICANT________ MAJOR

..—~

APPEARS TO BE NO RELEASE________

AREA OF CONTAMINATION: TANK FLOOR

.—~WALLS

—~

PIPE TRENCH______ OTHER_______

GROUNDWATER CONTAMINATED: YES__.7’NO___

A.N WATER WELLS IN

AREA? YES____ NO_..—‘~

NUMBER OF

TANKS REMOVED:__________

SIZE OFEACH

TANK

REMOVETh

.g.

~ M ~

M 7S~

-M 7t~~4-

PRODUCT STORED

A~Le&~~

/7, ~-

S I

_____

DOES TIlTS TANK APPEAR

TO HAVE LEAKED? (Y OR N)”

‘

______

_____

‘

_____

NUMBER OF

TANKS

TO REMAIN

GROUND:__________

SIZE OF EACH

TANK:

M _____M ______M

PRODUCT STORED~

V’

______

_______

COMMENTS:

‘

FACILITY

rn’

735~

PERMIT

~7ç’,2

7-~9fg~

DATE REMOVED

~-9g

Ct~$W.~-

~‘-~

FACILiTY

ADD~LESS:

/~4~y

1/) ~ 2’

7”

CITY:’

Li~~‘&~~J

COUNTY:

D’ s~i

PHONE:

bi~

~‘I

9~35Z)

-e

REMOVAL CONTRA~OR:

~DDRESS:~4”O(

‘1-~~

~4J

ft~

‘HONE:~ ~!3”/

~~53’

STATE:

ZIP:

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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

NORTH

GRAND

AVENUE

EAST P 0

Bc~x19276 SPRINGFIELD ILLINOIS

62794 9276

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~:‘JAMES

R.THOMPsON CENTER,

100 WEST

RANDOLPH, SuITE

11300,

CHICAGO~

IL 60601

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GEORGE H. RYAN, GOVERNOR

RENEE OPRIANO, DIRECTOR

217/782-6762

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JAN 1

((2003

Mary Fincher Estate/Mick’s Garage

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Steye Fincher

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1251 E Chain ofRocks Road’.

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Pontoon Beach, Illinois 62040

Re:

LPC #119085502--Madison County

Pontoon Beach / Micks Garage

1251 East-Chain OfRocks Road

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LUSTlncident#911582&990820

LUST Technical File

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~I~LEASABLE

•J~N

132003

DearM±.Fincher:

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REVIEWER

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

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Characterization Report/Corrective Action Plan (plan) submitted for the above-referenced

incident. This information

was

dated November 2002 and was received by the Illinois EPA on

November 13,2002. Citations in this letter are from the Environmental Protection Act (Act) and

illinois Administrative Code (Ill. Adm. Code).

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The activities proposed in the plan are appropriate to demonstrate compliance with

111. Adm.

Code 731; therefore, the plan is approved. Please notethat all activities associated with the

remediation ofthis release proposed in the planmust be -executed in accordance with all

.applicable regulatory requirements, including compliance with the proper permits. In addition,

this approval does not constitute payment approval for costs associated with the performance of

the activities in the plan. The illinois EPA will review your complete request forpartial orfinal

payment from the Underground Storage Tank Fund after it is submitted.

The Agency appreciates the information provided with the cover letter for the’Site Classification

Report/Corrective Action Plan received November 13, 2002. The infor~nationprovided does

seem to indicate that the two diesel tanks did not have a release. However, the information

provided at the time ofthe release indicates that the release reported on June 11, 1991 was for a

gasoline tank.. The Corrective Action1Proposed Plan ofRemediation prepared by ARDL and

ROCKFORO—4302 NorthMa,inStreet, Rockfurd,

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‘id5987-7404

• DEsP~INEs—9511W. l-~arrison5t.,DesP~.~—~Lu~J(Ii6—(847)294-4O73

ELCIN

—595 South State, Elgin 60123 —18471 608-3131

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PEORIA

—

5415

N. University St., Peoria,

1. -

:3~jb93-5460

BURIAU o~

1..ANO -

PEORIA

—7620 N.

University

St.,

Peoria, IL 61614 —.(309) 693-5462 •

CHAMPAIGN

—2125 South First Street, Champaign, IL 61820 —(217) 333-6907

SPRII’JGPELO

—4500 S. Sixth Street Rd., Springfield, IL 62706— (217) 786-6892 •

COWNSVILLE

— 2009 MaIl Street, Collinsville, IL 62234— (618) 346-5120

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Page2

received by the Agency on August 8, 1991 ad the Application for-Reimbursern~tfrom the’

Underground

Storage Tank Fund dated September 17, 199,1 further supports this. The

Application for Reimbursement indicates that ofthe, eleven tanks identified for removal one (1)

was a Waste Oil tank, two (2) were Heating Oil/Kerosenetanks, one(1) was a Gasohol tank,

three (3) were Diesel Fuel tanks, three (3) were Regular

Gasoline

tanks and one (1)‘was an

Unleaded Gasoline tank. All tanks were indicated as having had releases from both the tank and

the piping sys~emsconnected to theim Based on the information stated above, the Agency

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continues to believe that the $50,000.00 deductible originally assessed applies at this site.

If you have ~ny questions or need further assistance, please contact JOhn Barrett at (217) 782-

4869.

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Sincerely,

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Thomas A. Henninger

Unit Manager

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Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau ofLand

TAHJJB

cc:

United Science Industries

Division File

Governor

an signed House

Bill

ui~..

‘as

—

24, 200T Public Act

92.0554

amends the Enviromnen~jProtect on ct.Secjjo~-571,

572,

575,576, 57

573,5?

10, ~id S7 I3 and adds Section

14A The Act includes

some significant ch’~ngesto the ~ar~Iurg ofundergrouijd storaje tani.. releases Owners

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opei~torswho re~o~ta ~leas~ oi~rafler June 24,’2002 iill r~longer be able

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perform S1’e Classiflcatjo~pu~aztto 35111 Adm Code ~32 307 and

35 IlL

Adm. Code

732 312, and must now perform Site Jnv~tigation However,

ifa

release was reported

prior to June 24, 2002, owners or operators may elect to perform Site Investigation

Public Act

92-0554

also raised the maximum amount that may be reimbursed from the

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Underground Storage Tank Fund.

The Illinois EPA will request that the Illinois Pollution

Control

Board change the Illinois Administrative Code to reflect Public Act

92-0554.

This changeis expectedto occurin2003.

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Public Act

92-0554

may

viewed

at:

-_ :

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The effective date ofPublic Act

92.0554

was June 24, 2002.

For ad.ditioiiaj infomiat~onple.tse call the illinois EPA, Leaking Undergroun(j S cc rage

Tank Section at (217) 782—6762.

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