RECEIVED

CLERK’S

OFFT~

BEFORE THE

POLLUTION CONTROL BOARD

u

L

302003

OF THE STATE OF ILLINOIS

STATE OF ILLINOIS

Pollution

Control Board

WINSLOW

BOCO,

)

(STRATA GEOLOGIC SERVICES, INC.)

)

True Party in Interest,

)

Petitioner,

)

y.

)

PCB No. 03-213

)

(LUST Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

APPEARANCE

I hereby file my appearance for Strata Geologic Services, Incorporated, an Illinois

corporation, the Petitioner and true party in interest in this cause.

Vincent, Roth & Toepfer, P.C.

BY~4~

Michael A Toepfer

One ofthe attorneys for Petitioner

Strata Geologic Services, Inc.

Prepared by:

Michael A. Toepfer

Vincent, Roth & Toepfer, P.C.

Attorneys forPetitioner

125

East Main Street

P.O. Box

685

Warren, Illinois 61087

ARDC

#6220902

---

RECEIVED

CLERI’~

OFFT~’~

JUL

302003

BEFORE

THE

POLLUTION CONTROL BOAR1~TATE

OF ILLINOIS

OF

THE

STATE OF ILLINOIS

Pollution

Control

Board

WINSLOW BOCO,

)

(STRATAGEOLOGIC SERVICES,

INC.)

)

True

Party

in Interest,

)

Petitioner,

)

v.

)

PCB

No. 03-213

)

(LUST

Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

APPEAL

OF AGENCY LEAKING UNDERGROUND

STORAGE TANK (LUST) DECISION

Now comes, Petitioner, Strata

Geologic Services,

Inc. an illinois corporation by and

through its attorney, Michael A. Toepfer, Vincent, Roth &

Toepfer, P.C. and for

its

petitionfor

review and appeal states as follows:

1.

On March 28, 2003, the Respondent, Illinois Environmental Protection Agency

completed its review ofPetitioner’s March 7, 2003 application for payment from the

Underground Storage Tank Fund for LUST Incident No.

20000766.

The application for

payment covered the period form April

25,

2000 to December 18,2002.

The amount requested

was $35,982.85.

The amount paid was $16,261.00.

A copy ofthe Agency decision is attached

hereto as

Exhibit “A”

and

by reference made a

part

hereof

2.

The Agency decision

was served

on Petitionerand the parties filed a joint notice to

extend the periodto appeal the March 28, 2003 decision until

August

1, 2003.

A copy ofthe

correspondence and Order of

the

Board extending the appeal

period is attached hereto as Exhibit

“B”

and by reference made a part hereof

---

3.

Statement ofGrounds for Appeal.

Deductible:

Application ofthe $10,000.00

deductible to the payment request dated March 7, 2003.

There are two incident

numbers for the Winslow BOCO site.

There has beena double assessment ofthe

deductible for this site.

a.

The

$10,000.00 deductible has been applied twice to this site.

The problem

stems

from the factthat the original owner ofthe property and tanks, Bowen Oil

Company initially obtained IEMA #980649 for LPC#

1770555001

on March 25,

1998.

Initial action was taken from the notice ofrelease on March 30,

1998 to the

Agency receipt ofthe 45-day report addendum on October 16,

1998,

No further

activity occurred from October 1998 until Petitioner, Strata Geologic Services,

Inc. acquired the property and tanks in 2000.

b.

The 2000 number was obtained during the underground storage tank removal

when Petitioner, Strata Geologic Services, Inc. owned the property and tanks.

Petitioner undertook remediation activities under IEMA number20000766

assigned on April 26,2000 to

LPC#

1770555001.

c.

Petitioner, Strata Geologic Services

completed site classification activities under

JEMA ~2O000766.

d.

On October 1, 2001, Petitioner, Strata Geologic Services submitted a bill for site

classification under 1E.MA#20000766.

The amount requested

~

$22,449.00.

A deductible of$10,000.00 was applied and a voucher for $10,189.00 sent to

Petitioner.

e.

The deductible and payment was inadvertently listed underBowen Oil

Company’s IIBMA #980649.

The voucher and deductible should have been

applied to Strata Geologic Services Incorporated’s IBMA #20000766.

---

c.

The tanks were removed April

25,

2000

underthe second incident number

obtained by the Petitioner, Strata Geologic Services, Inc. (IEMA#20000766).

d.

Since thetanks were permitted and removed after the issuance ofIEMA

notification, this constituted an unplanned UST removal.

Unplanned UST

removals are eligible for reimbursement and furthermore, the costs for the

removal and personnel costs associated with the USTremoval

were approved

in Petitioner’s corrective action work plan and budget.

WHEREFORE, Petitioner respectfully requests that the requestfor $2,875.00 for the

removal and disposal ofthe underground storage tanks and the $730.00 for personnel

costs involved in this corrective action be approved and the amount ofpayment to

Petitioner adjusted and increased accordingly.

5.

Statement ofGrounds for Appeal.

Objection is made concerning the following

remaining deductions from the subject application for payment or indemnification.

a.

Regarding the deduction of$4,290.00 for costs for an activity in excess ofthat

necessary to meet the mininium requirements ofthe Act, Petitioner

respectfully requests additional information as to why activities approved in

Petitioner’s budget plan should not be approved.

b.

The tasks for which reimbursement is requested were approved in the High

Priority Corrective Action Plan and consistent with the activities carried out

under that Plan and Budget.

A copy oftheHigh Priority Corrective Action

Plan and modified budget dated December 23,

2002 for this site is attached

hereto asExhibit

“Ct’ and by reference made a part hereof

4

---

WHEREFORE Petitioner respectfully requests additional information concerning

deficiencies in its budget and billing information and the opportunity to provide

additional information, either informally or by hearing.

Vincent, Roth & Toepfer, P.C.

By:

One ofthe attorneys for Petitioner

Strata Geologic Services, Inc.

Prepared by:

Michael A. Toepfer

Vincent, Roth & Toepfer, P.C.

Attorneys for Petitioner

125 East Main Street

P.O. Box 685

Warren, Illinois 61087

ARDC #6220902

5

---

aces

05/03/2693

14:31

915-369-212?

STRATA

~0L0GIC

PAGE

~2

ILLINOIS

ENVIRONMENTAL

PROTECTION

ACENCY

1021

NC~TH

C~AND

Avewue

EAST,

P.O~60i 19276, ,SpiuNcnao. ItuNois

627944276

JNAES

R.

TNCw1P~ON

CAP4WJI.

100 W~Er

RANDQLvH~SUITE

11

.3Qo~

CHCACa,

IL 60501

Roc R.

BLftcoJEvIcu, COVEItNOR

Rgwss

ClpRvoJ4o,

DIRECToR

217r7826762

CBRDPJE)

MAIL#

2003

Strata

Geologic Services,

bio.

Attw

Charles Miller

82E1

NorthUnity Road

Lena,lllinois

61048

Re:

Lit

#1770555001

—

Stephenson

County

WinsIowI

Winslow

Boco (Strata GeologicServices)

204

C~’vcr

Street

LUST bicldcnt No.

20000766

LUST P1SCALPXL~

-

DcarMr. Miller:

The Illinois

Environmental Protection Agency has

completed the

review of

your application for

payment

frOm

11*

Underground Storage Tanle fluidfor the ~bove-relbrenced

LUST

incident

puz-auanl to

Section

578(a)

ofthe

flhinois

EnvfrcwnientalPmtection Act

(Act), and

35111.

Adtn.

Code 73~,

Subpart

F.

This infonnationis dated

Febtusay 28~

2003 and

was

received

by

tbe

Agency

on March

7,

2003.

The

application lbr

payment

covers

theperiod from

April

25.

2000

to December 18, 2002.

The amount

requested

is S35,982.85~

The

deductible

azuount

to

be assessed on thisclaim is 510,000.00,

whIch Isbeing

deducted from

this

payment.

In addition tote

4sduotible, there az~e

costs from this claim that are not being

-

-

-

-

paid.

Listed

in

AttachmentA are the costs that are

not beingpaid amid

the reasons

these costs are

not’bcing paid.

On

March

7,2003,

the Agencyreceivedyourcomplete

applicatIon for payment fbr

this cWnt

Asa

result of

the

Agenc~a

review of’this application

for payment, avoucher for $1 6,26l~00

will

be prepared

for submission

to the Com$oflefs Office forpayment as funds

become available

based

upon the date the Agency received yourcomplcte request forpayment

of

this

application

forpayment.

Subsequetit applications

for

paymentthat have been/are submitted

will be

processed based upon the date complete

subsequent

application

for

paymentrcq~zcstsarc

rccived

by the Agency.

Thisconstitutes

the Agency’s final action with regard

to

the

above

application(s) forpayment,

An

~tndergmund

storage t~kowner or operator may appeal this.final

decision

to

the

Illinois

Pollution

Control Hoard (Boart~pursuantto Section

51.8(1)

and

SectIon

40 of

the.Act

by

filinga

Rwoato-

4302 North

MiIn

$patt. Kuckfutd,

ii

*1)1)1- ~51

5~

9$7~Y7fQ

Un

PLAINI—

9511 W. H$frI$QnSt.,

Des

Plalnes,

il

6001*

—

fy47)

294-4CX)0

Etcas~895

SOvthSt*e, EIyfn.

IL

401t3..f$40)Sba.3131

•

Pnrbc-5415N

Utth#cnrtyP~vfl~lt67O14—(5Vt)693.ssea

81s6PL, a~

tAlC

Paoxits.. ?S2~N.

UnlvtnJty St., Pees, 3161614 ~flO9)693-5462

•

Cj.ssp,.jcs— iIU s~.thP~*

?t~et,

Chen.p4n

IL.

6UlEo—aIP~

Z764n00

SNltLt)—

45005.

SIxth Street

Rd..

Sorinsfisid, It.

62*)6—(217) 7864892

‘

Ccuinsvw

-2009 Mill

av#et

CeIlisv;IIe.

ii62Y24

-

~

3-4~-1!i0

-

Mareu..flQ9W.

MiIh St., Sultet

t6,

Metton,

U.

62959~.$1$~

993~72O0

Pwnw a’ Recyciso

PAfl*

—

A

---

05/05/03

10:3~

FA.~I

t~U04

- -:

aSieS/2583

14:31

615—3s9--21g7

STRATA

GEDLDGIC

PAGE

aa

Page 2

petition forahcarin~

withIn

35

days after

the date

of

issuance

ofthe final

decision.

Howover,

the

35-day

period

maybe

extended foraperiod

of

tiuie not to

uacocd 90 daysby wrfttennotioe

-

t~om

the owner or

operator

and the illinois

~FA

within

the

ixtiti.at 35-day appeal period.

If

the

applicantwishes to

receive

a

90-day cxtensio~.

a written request that lnclu4es

~

statement

ofthe

date the

final

dectafon was received, alongwith a

copy

of

this decision,

must

be

sent

to the

flilnois EPA as soon as possible.

For infonnatiomiregarding the

~1ing

of en

appeal, please contact

Dorothy Gurm, Clerk

-

Illinois Pollution Control Board

State ofIllinois Center

100

West Randolph,Suite I

1-500

Chicago,

Illinois 60601

312/814-3620

For

infomniatlon regarding

thefiling of

sit

e~deneion,

please contact:

Illinois &vimnmentai

Frotecticni

Agency

vision of

Legal

Counsel

1021 North Gzand

Avenue

Bast

SprIng~1d,

Illinois

62794-9276

217/782.5544

Ifyou

have

any

questions or reqoire further

assiat*nce,

please coutact Catherine

S.

El~ton

ofmystaffr or flrhut Baner

of harry Chappel’s staff

at

2Z7/182..6762.

Sin

ly,

DOU&?SE.

Oakley,

Manager

(

LUSt

Claims

Unit

l~isnurng

& Rcporthig

Sc~ilon

Bureau

ofLand

DEO:CSE;ct~O328Q7.doo

Attachment

---

05/05/03

10:35 FAX

S

S5/~/2683 14;~.

5-3&~-21~1

STRATA G~OLOCIC

PAGE

~4

Attwhincnt A

Accounting DednotJons

R~

LCPC #1

770~5O0

1.

—

Stephenson County

Winslow/Winslow &~co

(Strata

Geobgic Ser~ices)

204 Carver

Sb~eet

LUST

Incident

No.

2O0OO7~6

LUST

Fiac~i

~i~e

Citations

in this a

UnQ~~t

are from and the

Bn~anment2i

Protection

Act

(Act) and 3~

flhinois

Adx~istretivo

Code

(3$ ~11.

Adm~

Code)~

Item#

Description ofDeductions

1.

S606

85, dcduetiu~

for

handling charges

for

aubcoi~tractor

costs that 1~ave

been biU~d

direct’y to

the owneror

operator

(3~

III.

Mm,

Code 732.606(11)).

CSEt\032808.doc

---

55fS~/2~53~4:~t

STRATA

GWLC1~XC

S

Attachment A

S

Technical 1)eductioos

Rc~

LPC #i770555001

—

Stephenson County

S

Winslow/ Winslow

Boco Strata

Geologic

S

24CarvcrStmet

S

LUST Incident No.

2000C)766

LUST FisO~1

Pile

Citations In this

attachment

are from

and

the

En~PitowneritalPivtection

Act(Act) and

35

illinois

Administrative Code

(3$

ill.Adni.Code).

Item #

Description of

bcductlons

S

1.

$2,675.00,

deduction

fur

coatS

for

the

entovaL dlspcse1~

or

abandonment

ofart

underpound

storage

tank that

was

reri~oved~

or

ndottod,

or

permittedfor

r~møval

Or

abandonment,

by the

Office

ofthe

State Fixc Marshal be!ore

the owneror operator

provided notice

to

the illinois

Emergency

Management AgCIiCy of a

release of

petroleum (Section

51.8(j)

of

the Act

and 3~

W.

Adm. Code 732.606(k)).

2.

$730.00~

dednetion

for

costs for cotreetiveaction o~

In

w2ifisatiuza

thatweru

incux~ed

prior tothe

owner or

operator

providing

i~utiuicationofthe release to the

fllino~s

Enier~ency

Mai~gement

Agency (ffiMA~,

formerly EESDA)

(Section

57.8(k)

of

the

Actand

3~

LU.

Mm,

Code 732.6Q~(n)),

3.

84.290.00,

dediictien for

coats for en

nativity

In excess of

that nccessa~y

to meet the

Uiintu~

ruqui~enwrzts

ofThic XVI

oftheAct (SectIon

57.5(a) of

the Act;

35

Xli.

Mm. Code 732.505(c) and

732.606(o)).

Costs

forcorrective

action

activities

and

z~od2~d

mete~iaIs

orservices exceeding the mirtioxim tequixaxncets necessary

to

coniply

with the

Act arc

not

eligible

for

paynuntflum the

Fund

(35

lii. Adzn~

Code

732.606(o)).

In

*ddltioo~these costs

axe

not

concctive

action costs.

“Con~ctive

sctionhwmeaIIs an activity

associated

with cinaplisnee with ü

provisions Of

Sections

57.6

and5’1.loftheAct(Section57.2 oftheActand35Bl.

Mm.

Codc732,103).

On~

ofthe eligibility

requirements

for accessing the Pend

is

that

costs arc

assocLatcd

S

with ‘uoncctive actIon”

(Sectiop 57.9(a)(7)

of the

Act).

S

Pursuant to

3$

m.

A.din, Code 732.602(c). the flhinois EPA requires

that the owner or

operator

submitafull

accounting supporting all

claims as

provided in

35 Il.

Adnx.

Code 732.602(d),

Any lnfoi±nation

collected

pursuant

to

35111.

Adm. Code

S

732.202(b) and (~)

must be submitted as required

In

~5

Ill.

Adm. Code

732.202(e) and

(e).

Pursuant to

35

fli. Admn.

Code 7~2.6O2(d).

the Iflinois

EPA

has

reviewed

afl’the

snfonnationpzvvioualy submiued

for the

site to ensure that the application

for

payment

is

consistent with

early action

wox~

actuallyperformed in

conjunction

with

the

Site.

The $4,290.00

l.u

costs is

being deniedbecause this

info~jxiation

provides

no

---

!~Ioo7

~/B3/2es314~t

815-269-22,97

STRATA

GE~LCGIC

PAGE

~6

supporting

documentation, which demonstrates that

these

coats

~c consistent

with

WOIi~

actually performedin conjunction with the

site.

4.

$1,220.00,

deduction

for costs associated with

duplicate billings.

(Section

57.7(c)(4)(C)

of the

Act

and

35111.

Adnt.

Code

732.606(o))

Pursuant

to

35111.

Mm.

Code

732.602(c),

the

IllinOis

EPA. requires that

the owneror

operatorsub~r~r

afull

accounting supporting

all claims as provided

in

3510. Adm.

Code

732.602(d).

Any

information collected

pursuant

to

35111. Mm.

Cede

132.202(b)

and

(d)

must be submitted as required

in 35

IlL

Adxn

Code 732.202(c)

and

(e).

Pursuant

to

~45

MI.

Mm. Code 732.602(d). the Illinois

BPA has reviewed all

the

information previously

aubxthtted

for

the site toensure that the

application

forpayment

~is

consistent with eadyaction

work

actually

performed

In

conjunction with

the

site.

The

$1,220.00 In costs is being dmied because

this

information

provides

no

supporthig documentation,

which

demonstrates that these costS axe consistent with

work

actually

performed

in

conjunction

with thesite.

In

addition, these

costs are

for en

activity ip

excess

ofthat

necessary

to meet the

minimum

requirements

of

TitleXVIof

the Act

(Section

57.5(a)

ofthe Act; 35

111.

Adm. Code

732,505(c)

and732606(o)).

Costs for

corrective

actto~

activities and

assocIate~I

materials or

services

exceedingthe nththnum requirements necessary to

comply with the Act arc not

eligible fur paymentfrom the Ptmd

(35111.Mm.

Code

7~32.606(o)).lxi addition,

these

costs ~c not corrective action coats.

‘Conective

actlon’~

means an

activity associated

with

compliance with the provisionsof Sections

51.6

and

57.7.

of

the

Act

(SectIon

57.2

of

the

Act and

35111.

Atim. Code

732.103).

One of

the

cligibilicy

requirements

foraccessing the Fund ~s

that costs are associated

S

(Section

51.9(a)(7)

of

the

Act).

BPB\

TOTRL

P.~7

---

ILLINOIS

POLLUTION CONTROL

BOARD

S

Mayl5,2003

RECEIVED

DivisIon of Legal

Co

MAY

21~

Envjronm~tai

Protection

S

)

PCB

03-213

Aency

S

)

(LiST

Appeal)

ILLINOIS ENVJ1~ONMENTAL

)

(90-Day Extension)

PROTECTION AGENCY,

)

S

)

Respondent.

)

ORDER

OFTEE

BOARD (byT.E.

Johnson):

On

May

7,

2003,

the

parties

timely

filed

ajoint

notice

to extend

the

35-day

period

within

which Winslow

Boco

may appeal

a March 28, 2003

determination

ofthe

illinois Environmental

Protection Agency (Agency).

See

415

ILCS

5140(a)(1)

(2002);

35

Ill.

Mm.

Code 105.402,

105.406.

Because the

postmark date

ofthe

joint request

is

within

the

time for

filing,

the

joint

request was

timely filed.

35

111.

Adxn.

Code

101 .300(b)(2), 105.404.

At issue is the Agency’s

approval

of

the

reimbursement

of requested corrective action costs,

with

modifications,

fbr

Winslow Boco’s leaking

underground petrolewn storagetank facility located

at

204

Carver

Street,

Winslow,

Stephenson County.

The Board extends the

appeal period until August

1,2003,

as

the

parties request.

See

415

ILCS

5/40(a)(1)

(2002):

35

III.

Adm,

COde

105.406.

IfWinslow

Boco fails to file an

appeal

on or before that

date,

the Board will dismiss this

case and

close

the

docket.

IT IS

SO

ORDERED.

S

I~

Dorothy M.

Gurm

Clerk ofthe Illinois Pollution ControlBoard~

certify that

the

Board

adopted

the

above

order on May

15, 2003, by a vote of7-0.

Dorothy M.

Gunri,

Clerk

Illinois

Pollution

Control

Board

---

Q.J~_

~JL)

C~.JtJ..J

~

BEFORE THE

POLLUTION CONTROL BOARD

OF TUE

STATE

OF

ILLINOIS

WINSLOW

BOCO,

S

)

S

Petitioner,

)

v.

)

PCBNO. 03-

ILLINOIS

ENVIRONMENTAL

)

(LUST

Appeal

‘-

Ninety Day

Extension)

PROTECTION AGENCY,

)

S

S

Respondent

)

S

REO1J1~ST

FOR

NINETY

D~ EXENSli)N

OF APPEAL

FERIO1)

NOW

COMES the

Respondent,

the

illinois

Environmental

Protection Agency

(“Illinois

EPA”),

by

one of

its attorneys)

John

J.

Kiui,

Assistant Counsel and Special Assistant

Attorney

General,

and, pursuant

to

Section

40(a)(l)

of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/40(a)(l))

and

33

Iii.

Adin~

Code

105,208,

hereby

requests

that

the

Illinois

Pollution

Control

Board

(“Board”) grantan extensionofthe thirty-five

(35)

day

period for

petitioning

for a

hearing to August

1, 2003,

or

any

other

date

riot

more

than

a total ofone

hundred twenty-five

(125) days from the date ofthe illinois EPA’s final decision.

In support thereof; the Illinois

EPA

respectfully states as follows:

1.

On

March

28,

2003,

the

Illinois

EPA issued

a

final

decision

to

the

Petitioner.

(Exhibit A)

S

2.

On

May

3, 2003, the

Petitioner made a written

request to the

Illinois EPA

for an

extension oftime

by

which

to

filea petition for review, asking

the Illinois EPA join

Inrequesting

that the

Board extend

the thirty-five

day

period

for filing a

petition

to

ninety

days.

Th~

Petitioner

did not

represent

when

the

final

decision

was

received,

However,

in

a

subsequent telephone

conversation,

the

Petitioner

represented

that

the

final

decision

was

received

no

earlier

than

Mazth 29,2003.

(Exhibit

B)

---

3.

The additior~a1

time requested by the parties

may eliminate the need for a

hearing

in this matter or, in the

alternative, allow

the parties to identify issues and limit the scope

of any

hearing that

may

be necessary

to

resolve

S

S

for the

reasons

stated

above,

the

parties

requeSt

that

the

Bøard,

in

the

interest

of

administrative and judicial economy, grant this request

for

a

ninety-day extens~on

of

the

thirty-five day period forpetitioning

for a hearing.

Respecthilly

submitted,

S

ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY,

Respondent

S

S

Assistant Counsel

S

Special Assistant Attorney General

Division ofLegal

Counsel

1021

North Grand Avenue, East

P.O. Box

19276

Sprin8field,

lllinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated:

May

5,

2003

This filing

subimtted

on

re~ya1ed

paper.

2

---

—-

-—-.-—.

14100t

I3IO’~!~~

815-362-2a97

STRATA

~OLQGIC

P~~GE

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STRATA GEOLOGIC SERVICES,

INC.

?A.re.

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---

CERTIFICATE OF

SERViCE

I, the

undersigned

attorney.at

law,

hereby

certify

that

on May

5, 2003,

I

served

true and

correct

copies of a REQUEST

FOR NINETY

DAY EXTENSION

OF

APPEAL

PERIOD,

by

placing

true and

correct copies

in

properly

scaled and addressed

envelopes

and

by

depositing

said sealed envelopes

in a U.S. mail drop box located within Springfield.

Illinois, with

sufficient

First

Class

Mall postage

affixed

thereto, upon the following named persons:

S

DorothyM. Gunn, Clerk

Chaiks Miller

Illinois Pollution Control Board

Strata Geologic Services, Inc.

James R Thompson Center

8281

North

Unity Road

100

West

Randolph Street

Lena,

IL

61048-9645

Suite 11-500

Chicago,

IL 60601

5

5

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY.

S

Respon

ant

S

ThhnLI~im

S

Assistant

Counsel

special Assistant Attorney General

DivisionofLegal Counsel

1021 North

Grand

Avenue, East

P.O.

Box

19276

Springfield,

illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

TOTAL

P.i.2

---

~LUNOIS

ENVIRONMENTAL

PROTECTION AGENCY

1021

NORTH Git.~r.~o

AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276

JAMES

R.

THOMPSON CENTER,

100 WEST

RANDOLPH,

SurrE 11-300, CHICAGO,

IL

60601

GEORGE

H.

RYAN, GOVERNOR

RENEE Cu’RIANO,

Du~cToR

CERTIFIED MAIL

DEC

722030

0001

)~B75 1179

Strata Geologic Services

Charles Miller

8281

North Unity Road

Lena, Illinois 60148

Re:

LPC#1770555001

—StepbenEonCol.mty

Winslow/Strata

Geologic Services

204 Carver

St.

LUST Incident No. 20000766 & 980649

LUST

Technical

File

S

Dear Mr. Miller:

The Illinois

Environmental

Protection Agency (Illinois EPA) has reviewed the

High Priority

Corrective Action

Plan (plan) submitted

for the above-referenced incident.

This plan, dated

August 26,2002, was received by the

illinois

EPA on

September

16,2002.

Citations in

this

letter

are

from the

Environmental

Protection Act (Act)

and

35 Illinois Administrative Code

(35

Ill. Adm. Code).

S

Pursuant

to Section

57.7(c)(4)

of

the

Act

and

35

Ill.

Adm.

Code 732.405(c), the Illinois

EPA

is

modifying

the

plan.

The following modifications

are

necessary,

in addition to those provisions

already outlined

in the plan, to demonstrate compliance

with

Title XVI of

the

Act

and

35111.

Adm. Code 732:

The proposed plan contains four

parts:

Vapor abatement, free product investigation, plume

delineation ofsoil

and groundwater

contamination

and

bioremediation.

Dueto the presence of

free product

and

the lack ofa

fully

defined

contaminant

plume, bioremediation cannot be

implemented at this

time.

Therefore,

the planis modified to remove

all

activities

and costs

associated with

bioremediation

Please note that all

activities

associated

with

the remediation of

this

release proposed in the plan

must

be executed

in accordance with all

applicable regulatory

and statutory

requirements,

including

compliance

with

the

proper

permits.

In

addition,

the Illinois EPA is

modifying

the proposed budget for the High

Priority

Corrective

Action Plan pursuant to Section

57.7(c)(4)

ofthe Act

and

35111. Adm.

Code 732.405(c).

Based

on the modifications listed

in Section 2 of

Attachment

A, the amounts listed in Section

1 of

RocRFoftD

—4302

Norh Main

Street, Rockford,

IL 61103— (815)

987-7404

•

Das

PLAJNES

—9511

W.

Harrison

St.,

Des Plaines,

IL

60016—

(847)

294—4073

—595

South State,

Elgin

60123 —(847)608-3!

31

•

PE0I1IA

—

54)4

N. University St., Peoria,

IL 61614 —(309) 693-5462

CHAMPAiGN

—2125

South

First

Street, Champaign, IL

61820—(217)

333-6907

•

Si’aiNcFlEw

—45005.

Sisth Street

Rd.,

Springfield, II 62706 —(217) 786-6892

C0LuNSvHiE

—

2009 MalI Street, Coflinsville,

1L

62234—

(618)

346-5120

•

MMJ0N

—

2309

W.

Main

St., Suite

1

EXHIBIT

PRINTED ON

RECYCtEG

Pect’ER

C

217/782-6762

---

Page 2

Attachment A

have

been approved.

Please note

that

the costs

must

be

incurred in

accordance

with the

approved plan.

Be aware that the

amount

of

reimbursement

may

be limited by

Sections

57.8(e),

57.8(g)

and

57.8(d) ofthe Act as well as 35111. Adm.

Code 732.604,732.606(s),

and

732.611.

Please note that, if the owner or operatoragrees

with

the Illinois EPA’s

modifications, submittal

of an amendedplan

and/or

budget, if applicable, is not

required (Section

57.7(c)(4) ofthe Act

and

35

III.

Adni.

Code 732.503(f)).

Additionally,

pursuant

to Section

57.8(a)(5)

ofthe Act

and

35111. Adm.

Code 732.405(e), if

reimbursementwill be sought

for

any additional costs

thatmay

be incurred

as a

result

ofthe Illinois

EPA’s

modifications, an amendedbudget must be

submitted.

NOTE:

Amended

plans and/or

budgets must be submitted

and

approved prior to the issuance of

a No

Further

Remediation (NFR) Letter.

Costs associated

with

a plan or budget that have not

been approved prior to the issuance ofan

NFR Letter will

not be reimbursable.

All future correspondence

must

be

submitted

to:

Illinois

Environmental

Protection Agency

Bureau

ofLand

-

#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.

An

underground

storage tank owner or operatormay

appeal this fmal

decisionto 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 of

issuance

ofthe final decision.

However,the 35-day

period

may be 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 owner or

operator wishes to receive a 90-day extension,

a

written

request

that

includes

a statement ofthe

date the final decision

was

received, along

with

a copy of

this

decision, must be sent tothe

illinois

EPA as soon as possible.

For information

regarding

the

filing

ofan appeal, please contact:

---

Page 3

Dorothy

Gunn, Clerk

Illinois

Pollution Control Board

State

ofIllinois

Center

100 West

Randolph, Suite

11-500

Chicago, IL

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

Post Office Box

Springfield, IL

62794-9276

217/782-5544

Ifyou have

any questions

or need further assistance, please contact Jay F. Gaydosh at 217-785-

Sincerely,

Hernando A. Albarracin

Unit Manager

Leaking Underground Storage Tank Section

Division ofReniediation

Management

Bureau

of

Land

HAAJFG~20000766

CAP

Review

Letter

Attachment:

Attachment A

cc:

Division

File

---

AttachmentA

Re:

LPC #

1770555001

—

Stephenson County

Winslow/StrataGeologic Services

204

Carver

St.

LUST IncidentNo.

20000766

LUST

Technical

File

Citations in

this

attachment are from

the

Environmental

Protection

Act

(Act)

and 35 Illinois

Administrative Code

(35 IlL

Adm. Code).

SECTION 1

As a

result

ofthe Illinois EPA’s modification(s) in

Section 2 of

this

AttachmentA,

the

following amounts

have

been approved:

$

7,240.00

$

450.00

$

48,752.00

$

3,550.00

S 16,990.00

$

SECTION 2

Investigation Costs

Analysis Costs

Personnel Costs

Equipment Costs

Field

Purchases and Other Costs

Handling

Charges

$5,650.00

for Equipment

Costs.

Indirect corrective

action costs for

personnel,

materials,

service

or

equipment charged as

direct

costs

are ineligible for payment from

the Fund (35 Iii. Adm. Code

732.606(v)).

Costs listed fordrilling support trailer, Geoprobe plastic sampletubes are

considered

part

ofthe

per-foot

costs

for

drilling.

Computer/CADD activities

are

included

in the costs hourly

rates

for

the CADD Operator.

2.

$1,754.00 for an adjustment in handling charges.

Handling charges are eligible for

paymentonly

if

theyare equal to or less than the amount

determined

by the following

table (Section

57.8(g) of

the

Act

and 35

III.

Adm. Code

732.607):

Subcontract

or Field

Purchase

Cost:

$0- $5,000

$5,001 -$15,000

$15,001- $50,000

$50,001

-

$ 100,000

$100,001

-

$1,000,000

Eligible

Handling Charges as a

Percentage

ofCost:

12

$600

Plus

10

of

amount

over $5,000

$1,600

Plus

8

ofamount over $15,000

$4,400 Plus

5

of

amount over

$50,000

$6,900

Plus 2

of

amount over

$100,000

Reductions in activities

and costs related

to Great

Lakes- Remediation and TestAmerica resulted

in a

reduced

base used

to calculate handling charges.

3.

$3,410.00 for an

adjustment

in Investigation Costs.

The Illinois EPA

has

determined

that

these

costs

are

not reasonable as submitted (Section 57.7(c)(4)(C)ofthe Act

and 35 III. Adin. Code

---

(

Ii

Page 2

732.606(bh)).

One

oftheoverall goals ofthe

financialreview is to assure that costs associated

with materials, activities and services are reasonable

(35

III.

Adm.

Code

732.505(c)).

Please note

that additional information arid/or supporting

documentationmay be provided to

demonstrate the

costs submitted are reasonable.

Costs

associated

with

five

borings related

to

bioremediation activities

were

deducted

from the

budget

because

the use of

bioremediation

was not

approved.

In

addition, the-per-foot ratefor

advancing borings was determined to be excessive.

4.

$200.00 for an adjustment in Analysis Costs.

The

Illinois EPAhas determinedthat these costs

are

not reasonable as submitted (Section

57.7(eX4XC) of

the Act

and 35111. Adm.

Code

732.606(hh)).

One

of

the

overall goals ofthe fmancial review is to

assure

that costs associated

with

materials,activities and services are reasonable

(35 Iii.

Adm. Code

732.505(c)).

Please note

that

additional information

and/or supporting documentation

maybe provided to

demonstrate the

costs

submitted are reasonable.

Four oxygen/pH analyses

were deducted as they

were related

to

bioreinediation activities.

5.

$10,438.00 for an adjustment

in Personnel Costs.

The Illinois EPA

has determinedthat these

costs are not reasonableas

submitted (Section

57.7(cX4XC) of

the Act and

35111.

Adm. Code

732.606(hh)).

One

ofthe overall goals of

the financial

review is to

assure

that

costs associated

with

materials,activities and services arereasonable

(35 111.

Adm. Code

732.505(c)).

Please note

that additional

information and/or supporting documentation

maybe provided to demonstrate

the

costs submitted are reasonable.

177

hours were deducted

from the

plan budget as directly related

to bioremediation activities.

6.

$7,900 for an adjustment in Equipment Costs.

The Illinois EPA has

determined

that

these costs

are

not reasonable as

submitted (Section

57.7(CX4XC) of

the

Act

and

35111. Adm.

Code

732.606(hh)).

One ofthe overall goals ofthe financial review is to assure

that costs associated

with materials, activities

and

services are reasonable (35 III.

Adm. Code

732.505(c)).

Please note

that additional information and/or supporting documentatiOmflaYb~Pmv1de0-m0~Thte

the

costs

submitted are

reasonable.

Costs associatedwith vehicle

use,

disposable bailers,

and

sampling gloves were determined to be

excessive.

7.

$6,760.00 for an adjustment in Field Purchases & Other Costs.

The illinois EPA

has determined

that these costs are not reasonable as submitted

(Section 57.7(CX4XC) ofthe Act

and

35111. Adm.

Code 732.606(hh)).

One

oftheoverall goals of

the financial

review is to assurethat costs

associated

with

materials, activities and

servicesare reasonable

(35 Ill.

Adm.

Code 732.505(C)).

Please notethat additional information

and/or supporting documentation

may be provided to

demonstratethe costs submitted are reasonable.

Costs associated with

the

time.

HAA:JFO/20000766

CAP

Review

LetterAttachmefltA

---

WINSLOW BOCO,

(STRATA GEOLOGIC SERVICES,

INC.)

True Party in Interest,

ILLINOIS ENVIRONMENTAL

Respondent.

)

CLERK’S

OFFICE

JUL

302003

)

STATE OF ILLINOIS

)

PCB No. 03-213

Pollution

Control Board

)

(LUST Appeal)

)

)

)

NOTICE OF

FILING

To:

Mr. John

J. Kim

Special Assistant Attorney General

Division ofLegal Counsel

1021 North

Grand Avenue, East

P.O. Box 19276

Springfield,

Division ChiefofEnvironmental

Enforcement

Office ofthe Attorney General

188 West Randolph Street,

20th

Chicago, Illinois 60601

Division ofPetroleum and Chemical Safety

1035 Stevenson Drive

Springfield, Illinois 62703

Office ofLegal Services

Illinois Department ofNatural Resources

524 South Second Street

USEPA, Region V

77 West Jackson

Pollution Control Board my Appearance and

the Underground

Storage Tank Appeal of

Petitioner, Strata Geologic Services, Incorporated, an Illinois

interest, copies ofwhich are herewith served upon

Date: July 29, 2003

Michael A.

Toepfer, Vincent, Roth & Toepfer, P.C.

125 E. Main

Street, P.O. Box 685

Warren, Illinois 61087

Tel:

(815)

745-2624

Michael A. Toepfe~heofthe attorneys for

Petitioner,

Strata

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

)

)

---

BEFORE THE POLLUTION CONTROL BOARD

OF THE

STATE OF ILLINOIS

WINSLOW BOCO,

True Party in Interest,

V.

ILLINOIS ENVIRONMENTAL

PROOF OF SERVICE

I the undersigned, hereby certify that I have served a true copy ofthe attached

Appearance and Underground Storage Tank Appeal was served upon:

Mr.

John J. Kim

Assistant Counsel

Special Assistant Attorney General

Division ofLegal

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

Division Chief ofEnvironmental

Enforcement

Office ofthe Attorney General

188 West Randolph Street,

20th

DOT AdministrationBuilding

Division of Petroleum and Chemical Safety

1035 Stevenson Drive

Springfield, Illinois 62703

Office ofLegal Services

Illinois Department ofNatural Resources

524 South Second Street

Springfield, Illinois 6270 1-1787

USEPA, Region V

77 West Jackson

Chicago, Illinois 60604

by placing a true and correct copy of the same in the U.S. Postal Service at Warren,

Illinois, this

29th

agencies at the addresses given above

with the proper postage fully prepaid.

Date: July 29, 2003

I-,

Michael A.

Toepfer, iii~f~ihe

Petitioner, Strata Geologic Services, Inc.

)

)

)

)

)

PCB No. 03-213

)

(LUST Appeal)

)

)

)