CLERK’S
OFFICE
S~P
02
2003
PCB No. 04-
STATE OF ILLINOIS
(LUST
—
Ninety Day
E~~’i~
Control Board
DorothyM. Gunn,
Clerk
Alan E.
Jones, Senior Project Manager
Illinois Pollution Control Board
The Environmental Solutions Group, Inc.
James R. Thompson Center
506
East Summit Street
100 West Randolph Street
Suite B
Suite 11-500
Crown Point, iN
46307
Chicago,
IL 60601
PLEASE
TAKE NOTICE that
I
have
today
filed
with
the
office of the
Clerk of
the, Pollution
Control Board a REQUEST FOR NiNETY DAY EXTENSION OF
APPEAL, PERIOD, copies of which
are herewith served upon
you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
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)
Dated: August 29
2003
GARY SVACINA,
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
NOTICE
R~C~~VED
CLERK’S
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE
STATE OF ILLINOIS
SEP
0
2
2003
GARY SVACINA,
)
STATE OF ILLINOIS
Pollution
Control Board
Petitioner,
)
(
v.
)
PCB No. 04-
~
ILLINOIS ENVIRONMENTAL
)
(LUST
-
Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent.
)
REQUEST FOR NINETY DAY EXTENSION
OF APPEAL PERIOD
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
Section
40(a)(1) of the
Illinois
Environmental
Protection
Act
(415
ILCS
5/40(a)(1))
and
35
Ill.
Adm.
Code
105.208,
hereby
requests
that
the
Illinois
Pollution
Control Board (“Board”) grant an extension ofthe thirty-five
(35)
day period for petitioning for a
hearing to November 27, 2003,
or any other date not more than a total of one hundred twenty-
five
(125)
days from the date of service of the Illinois
EPA’s final decision.
In support
thereof,
the Illinois EPA respectfully states as follows:
1.
On
July
23,
2003,
the
Illinois
EPA
issued
a
final
decision
to
the
Petitioner
regarding the Petitioner’s High Priority Corrective Action Plan and Budget.
(Exhibit A)
2.
On August
18, 2003, the Petitioner made a written request to the Illinois EPA for
an
extension of time
by
which
to
file a
petition
for review,
asking
the
Illinois
EPA join in
requesting that
the
Board
extend the thirty-five day period for filing
a petition to
ninety days.
The Petitioner represented that the final decision was received on July
25,
2003.
(Exhibit B)
3.
The additional 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
hearingthat may be necessary to resolve this matter.
1
WHEREFORE,
for the
reasons
stated
above, the parties
request that
the Board,
in
the
interest of administrative and judicial
economy, grant this request for a ninety-day extension of
the thirty-five day period for petitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
J(
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: August 29, 2003
This filing submitted on recycled paper.
2
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ett
ó~7,’.zg/o~
S
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
4
1021 Nogn’i
GRAND
AVENUE
EAST,
P.O.
Box 19276,
SPRINGFrELD,
IlLINOIS
62794-9276, 217-782-3397
JAMES
ft
THOMPSON
CEN1U.,
100
WEST
RfiNOOLPII,
Sum
11-300,
CHrc.’tco,
IL 6060),
312-814-6026
Roo
R.
BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
CERinnED MAIL
700?
31S0
0000
)JR24
0960
JUL232003
Gary Svacina
1373 Kenilwood Court
•
Riverwoods, illinois 60015
Re:
Lit
#0311955039
—
Cook County
Morton Grove/ Svacina, Gary
5944 Lincoln Ave
LUST Incident No. 871630
LUSTTechnical File
Dear Mr. Svaciua:
-.
The Illinois Environmental Protection Agency (illinois EPA) has reviewedthe High Priority
•~~:
jjjr’
Corrective Action Plan (plan) submitted forthe above-referenced incident
The Illinois EPA
received this plan, datedFebruary
19, 2003, on March 25, 2003.
Citations in this letter are from
the Environmental Protection Act (Act)
and 35 illinois Administrative Code
(35
111.
Adm. Code)
Pursuant to Section 57.7(c)(4) ofthe Act and 35
111. Ada Code 732.405(c), the plan is modified.
The modifications listed in AttachmentA are necessary, in addition to those provisions already
outlined in the plan, to demonstrate compliance with Title XVI ofthe Act and
35
flI. Adth.
Code
732.
Plóase 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 budgetfor the High Priority Corrective Action Plan is modified pursuant to
Section
57,7(c)(4)
ofthe Act and 35111. Mm. Code 732.405(c).
Based on the modifications
listed in Section 2 ofAttachmentB,.the amounts li~ted
in Section
1 ofAttachmentB are
approved.
Please note that the costs must be incurred in accordance with the approved plan.
Be
aware that the amount ofreimbursement may be limited by Sections
57.8(e),
57.8(g) and 57.8(d)
of
the Act, as well as 35
111.
Adm. Code 732.604, 732,606(s), and 732.611.
Please note that, if the owuet or operator agreeswith the illinois EPA’s modifications,
submittal
of an amended plan and/or budget, if applicable, is not required (Section
57,7(c)(4)
ofthe Act
and 35
ill. Mm. Code 732.503(1)).
Additionally,pursuant to Section
57.8(aX5)
ofthe Act and
35 ifi. Ada Code ‘732.405(e), if reimbursement will be sought for any additional costs that may
be incurred as a resuit ofthe ILlinois EPA’s modifications,
an amended budgetmust he submitted.
NOTE:
Amended plans and/or budgets must be submitted and approved prior to the issuance of
ROCK#ORE,
—4302 North
Main
Street,
Rocktord, 1161103
—(315)987.7760
•
DES
PLAIMES
—
9511 W. Harrison St,,
Des Flames,
IL 60016—1847)
2944000
—595 South
state,
EI~in,
IL 60123— (347)608-3131
•
PEORIA
—
5415
N.
UnWersily St.. Peoria,
IL 61614— (309) 693-5463
Buetsj or Uno
-
Pri*IA
—
7620 N.
1)nivrrrsity
St., Peoria, 1161614—1309) 693-5462
•
CHAMPAICS
—212$ South
First Street,
Champaign,
IL
61820 —(217) 278-5800
SrRINc~pIon
—
4300 S.
Sixth
Street
Rd., Springfield,
II. 62706
—
(217) ?at—6892
•
Cou’nsvsu.S—2009 MaIl
Street,
CoIIinsviIle,
IL 61234
—
(616) 346-3120
—
23Q9 W. Main
St., Suite
116, Marion.
IL 62959 —(618) 993-7200
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a No Further Remediation (NPR) Letter.
Costs associated with a plan or budget that has not been
approved prior to the issuance of an NFR Letter will not be reimbursable.
All future correspondence nitist be submitted to:
illinois Environmental Protection Agency
Bureau ofLand
-
#24
Leaking Underground Storage TankSection
1021
North Grand Avenue East
Post Office Box 19276
Springfield, IL,
62794-9276
Please submit all correspondence in duplicateand include theRe: block shown at the beginning
ofthis letter.
An underground storage tank system owner oroperator may appeal this decision to the Illinois
Pollution Control Board.
Appeal rights are attached.
Ifyou have any questions orneed further assistance, please contact BrianBauer at 21717823335.
A. Chappel, P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau ofLand
HAC:BPB\
Attachment:
Attachments A and B
cc:
The Environmental Solutions Group, Inc.
Division File
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1704
Appeal Rights
An underground storage tank owner or operatormay appeal this final decision to the flhinois
Pollution Control Board pursuant to Sections 40 and 57.7(c)(4)(D) ofthe Act by filing a petition
for a hearing within
35 days after the date ofissuance 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. If the owner or
operator wishes to receive a 90-day extension, a written request that includes a statement of the
date thefinal decision was received, alongwith 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:
Dorothy Gunn, Clerk
fllinois Pollution Control Board
State ofIllinois Center
100 West Randolph,Suite 11-500
•
Chicago, IL
60601
312/814-3620
For informationregarding the filing ofan extension, please contact:
illinois Environmental Protection Agency
Division ofLegal
Counsel
•
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL
62794-9276
2171782-5544
as-
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Attachment
A
Re:
LPC#0311955039--Cook
County
Morton Grove / Svacina,
Gary
5944Lincoln Ave
LUST
Incident
No.871630
LUST Technical File
Citations in
this
attachment arefrom the Environmental
Protection Act
(Act) and 35 Illinois
AdministrativeCode
(35111.
Ada Code).
Pursuant to
35111.
Ada Code 732.404(d),in developingthe corrective action plan, ifthe
Licensed Professional
Engineer
orLicensed Professional Geologist selects soilor
•
groundwater remediation, orboth, to satisfy
any
of the criteria set forth in
35
Ill.
Adm.
Code 732.404(b),
remediation objectives
shall
be determined in accordance with35
III.
Adm.
Code
732.408. Groundwater monitoringwells
shall
satisfythe requirements of35
Ill.
Ada
Code 732.307(j)(3)
and
732.307(j)(4).
The plan fails tomeet the above requirements for the following reason(s):.
1.
Theused oil-screening sample
had
detectionlimits above the remediation
objective forthe following:
cadmium,
lead, mercury, selenium,
and
silver.
Therefore, thesemetals are indicator contaminants
andneed
to
be addressed.
Additional
investigation is
necessary
to
define the extent ofthese
metals.
Metal
analysis mustbe conducted forbothTCLP
and
total metals.
2.
PNAs
are indicator
contaminants for this site. The extent ofPNA soil
contaminationneeds tobe defined, Please note that naphthalene
exceeds
the
construction worker
remediation
objective.
34
TheR-26modelingdoesnot appear
accurate.
The source width value (Sw)is
under estimated. The source width mustbe
the entire width of theplume from
one clean well to another.
4.
The gradient (1) vaTSappears
under
estimated. Documentation as to how
this
value was calcnlatedmustbeprovided.
5.
The planproposes
the use
ofthe Village ofMorton Grove groundwaterordinance
to eliminate the groundwater pathwayhowever; the notification to
off-site
propertyowners
is not satisfactory.
a.
The
letterneeds to reference the sites
LPC
numberin addition to the incident
•
number.
b. The plan fails to
indicate
who willbe
receiving
the letter. All
property
owners
actually
affected or potentiallyaffected (through modeling) need tobe
notified. These properties need to be identified.
6.
The
useofthe
ordinance
does not address soil contamination above the migration
to groundwater pathwayon off-site properties. The excavation ofsoils off-site
should include
all
contarn.ination above the Class ITier 1
migration
to
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•
groundwater pathwayin addition
to
the inhalation and
ingestionpathways.
74
The Highway Authority Agreement (l-IAA) does not cover all applicable areas.
The HAA needs
to cover
all areanorth to MW-l3, south to B-2, east to SB-2A,
•
and
west to the extent ofcontamination.
The HAA must also cover the whole
width ofthe road, not just halfthe mad.
3.
The extent ofcontamination off-site to the northwest needs to be defined.
•
9.
Soil
contaminationand groundwater contamination
on the residence on
the
northwestcornermustbe
addressed.
10.
Documintarion that includes groundwater sampling in the same area must be
provided to document that the free product no longer exists.
11.
All monitoring
wells
need
to
be re-sampled at thecompletion ofthe remediation.
Additional modeling
maybe
necessary, particularly
wherethe freeproduct
presentlyexists.
BPB\
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AttachmentB
Re:
LPC
#0311955039
--
Cook County
Morton Grove
I
Svacina, Gary
5944
LincolnAve
LUST
Incident
No. 871630
LUST
Technical
File
Citations in this attachment are from
the
Environmental Protection Act
(Act)
and
35
illinois
Administrative
Code
(35
flI.
Adm. Code).
SECTION
1
As a
result
ofthe Illinois EPA’s modification(s) in Section
2 of
this Attachment B,
the following
amounts are
approved:
$6,432.30
Investigation
Costs
$16,240.00
Analysis
Costs
$17,125.00
Personnel Costs
$1,670.00
Equipment Costs
$67,109.10
Field Purchases and
Other Costs
$6319.63
Handling Charges
SECTION 2
1.
$245.00
for an adjustment in number
of
bags
ofsand
used.
The IllinoisEPA
has
determined
thatthese costs
are
not reasonable
as
submitted (Section
57.7(c)(4)(C)
ofthe
Act and 35
m.
Adm.
Code
732.606(hh)).
One of the overall goals of the financial review
is to assure that costs associated
with
materials,
activities,
and services are reasonable
(35
-•
lii.
Adm. Code 732.505(c)).
Please note that additional information and/or supporting
documentation maybe provided
to demonstrate the costs
are reasonable.
2.
$2 17MG for an adjustment in number
ofbags of
bentonite chipE used.
The llinois
EPA
has dçtermined that
these
costs are
notreasonable as submitted (Section 57.7(c)(4)(C) of
the Act
and
35111.
Adm.
Code 732.606(1±)).
One
of the overall
goals
ofthe
financial
review is to assure that costs associated with materials, activities,
and services are
reasonable (35 111. Adm. Code 732.505(c)).
Please note that additional information
and/or supporting documentation maybe provided to demonstrate the costs are
reasonable.
3.
$60.00 for costs associated with the analysis for TPH.
Costs associated
with the
analysis
oflaboratory samples forconstituents otherthan applicable indicator contaminants or
groundwater objectives are ineligible forpaymentfrom the
Fund
(35 Ill.
Admn. Code
732.606(r)). These costs are for activities in excess ofthose
necessary to meet the
AUG—26—2003
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~O8
minimum requirements ofTide XVI oftheAct (Section 57.5(a) ofthe Act
and
35 Ill.
Mm. Code 732.606(o)).
4.
$30,541.00
for costs
that lack supporting documentation
(35 fli.
Adm.
Code
732.606(gg)).
A
corrective
action
plan budget for
a site classified as high priority
must
include, but
not
be
limited to, an accounting of all costs
associated
withthe development,
implementation,
and
completion of the applicable activities (Section 57.7(c)(1)(B) ofthe
Act
and 35111. Adm.
Code 732.405(b)).
Since there is no supporting documentation of
costs, the Illinois EPA cannot determine
that costs will
not be
used
for activities in excess
ofthose
necessary
to meet the minimum requirements ofTide
XVI
oftheAct.
(Section
57.5(a)
ofthe Act
and 35111;
Ada
Code 732.606(o)).
In
addition,
the Illinois EPA
has
determined
that
these costs are
not reasonable as submitted (Section
57.7(c)(4)(C)
ofthe
Act
and
35
m.
Adm.
Code
732.606(hh)).
One
of the overall goals ofthe
financial
review
is to
assure
that costs associated with materials,
activities, and
services
are reasonable
(35
Ill. Adm. Code 732.505(c)).
Please
note that additional information
and/or
supporting
documentation may
be provided to demonstrate thecosts are reasonable.
The
above deduction
relates
to the personnel
charges,
many
oftheline items appeared to
be duplicative e.g. the
same personnel
doing the same task.
In addition the total amount
of hours proposed to conductthe tasks proposed appears to be
unreasonable.
5.
$250.00 for costs that lack supporting
documentation
(35
III. Ad.m. Code 732.606(gg)).
A corrective action
planbudget
for a site
classified as high priority must include,
but not
be
limited to, an accounting
of all costs associatedwith the development,
implementation,
and
completionofthe applicable activities (Section 57.7(c)(l)(B) ofthe
Act
and
35
Ill. Adm. Code
732.405(b)).
Since there is no supporting documentation of
costs,
the
Illinois
EPA
cannot determine that
costs will not be
used
for
activities
in excess
of those necessary to meet the minimum requirements ofTide XVI ofthe Act.
(Section
57.5(a)
ofthe Act
and
35
111.
Acm, Code 732.606(o))
The above deduction relates to
taxes.
6.
$111.90 for an
adjustment
in
gloves.
The
Illinois
EPA has
determined~that
these costs
are
notreasonable as submitted
(Section
57.7(c)(4)(C)
oftheAct
and 35111. Ada Codc~
732.606(lth)).
One
of the
overall goals
ofthA
financial
review.is to
assure
that costs
associated
with
materials,
activities, and services are reasonable (35111. Mm. Code
732.505(c)).
Please note that additional information and/or supporting documentation
may be provided to demonstrate thecosts are reasonable.
7.
$100.00 forMorton Grove License.
Costs related to activities, materials, or services not
necessary to stop,
rninnnxze7 eliminate, or clean up a release ofpetroleum or its effectsin
accordance with the minimum requirements ofthe Act and
regulations
are ineligible for
payment from the Fund (35 111.
Adin. Code 732.606(y))
This cost is not a corrective
action cost.
“Corrective action” means an activity associated with compliance with the
provisions ofSections 57.6 and 57.7 ofthe Act (Section 57.2 ofthe Act and
35
ill. Mm.
Code 732.103),
One ofthe eligibility requirements for accessingthe Fund is that costs
~th
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P09
are associated
with
“corrective action”
(Section 57.9(a)(7) ofthe Act
and
35
lii. Mm.
Code 732.505(c)).
8.
$14,173.80 for
an adjustment in
asphalt
barrier.
The Illinois EPA
has
determined
that
thesecosts
are
not reasonable as
submitted
(Section 57.7(c)(4)(C) of theAct
and
35
Dl.
Adm. Code 732.606(hh)). Oneofthe overall goals ofthe
financial
review is to
assure
that costs
associated
with materials,
activities,
and services arereasonable (35 Ill.Adm.
Code
732.505(c)).
Pleasenote thatadditional
information
and/or supporting
documentation
may
beprovided to demonstrate the
costs
are reasonable.
9.
$5,260.00 for an adjustment in the excavation of 1035cubic yard. These
costs
are
inconsistentwiththe associated
technical
plan.
One
ofthe overall goals ofthe
financial
review is to assure that costs
associated
with materials,
activities,
and services shallbe
consistent
with
the associated
technical
plan
(35
111.Adm, Code 732.505(c)).
10.
$64.00 for an
adjustment in film and
processing. The
illinois
EPAhas determined that
these costs
are
not reasonable as submitted (Section
57.7(c)(4)(C)
ofthe Actand35111.
Mm.
Code
732.605(hh)).
One
ofthe overall goals ofthe financialreview is to assure
thatcosts
associated
with
materials,
activities,
and
services
are
reasonable (35111. Adm.
Code 732.505(c)). Please note that additional information
and/or
supporting
documentationmay be providedto demonstrate the
costs
arereasonable.
11.
$767.34 for an adjustment in
handling
charges. Handlingcharges
are
eligible for
payment only if
they
areequal to orlessthanthe
amount
determined by the
following
table (Section 57.8(g) ofthe Act
and
35
III. Adin. 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
plus8
of
amount
over
$15,000
$4,400
pLus
5
ofamount over
$50,000
$6,900
plus2
ofamount over
$100,000
This adjustment
is
made based
on the deductions made above.
cPMTnitials’~cBPB\
AUG—26—2003
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15: ~5
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TOTAL
P.09
THE ENVIRONMENTAL
SOLUTIONS
GROUP,
INC.
506
East Summit Street,
Suite
B
Crown
Point, IN 46307
(800)
392-5474
e
Fax (219) 661-341 1
(219)661-3400
August
18, 2003
Tracking #1ZX4994W0341659832
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021
North Grand Avenue East
Post0fflceBoxl9276
RECE~V~D
Springfield,
IL 62794-9276
DiV~siE~r1
bf
Le~
Cbtm~I
AUG
2
1
~
RE:
Request for 90-Day Extension
Envlronmentai
Po~o~n
LPC #031195539
-
Cook
County
Agency
Morton Grove / Svacina, Gary
5944
Lincoln Avenue
LUST Incident No. 871630
To
Whom
It May Concern:
On behalfof Gary Svacina,
The Environmental Solutions Group, Inc., is requesting a 90-day
extension ofappeal rights for the above referenced facility. The final decision ofthe attached
IllinoisEnvironmental ProtectionAgency letter dated July 23, 2003 wasreceived on July
25,
2003. The owner wishes to extend the appeal period to October 23, 2003.
Ifyouhave any questions regarding this submittal, or require additional information, please feel
free to call our office at (219) 661-3400.
Sincerely,
TH~EN RONM
TALSOLUTIONS GROUP, INC.
//
Alan E.Jon
s
Senior Proj
ct
anager
E:\REPORTS\Cap\Svaciua\extension.doc
CERTIFICATE OF SERVICE
I, the undersigned attorney
at law, hereby certify
that on
August 29
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 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
Alan E.
Jones, Senior Project Manager
Illinois Pollution Control Board
The Environmental
Solutions Group, Inc.
James R. Thompson Center
506 East Summit Street
100 West Randolph Street
Suite B
Suite 11-500
Crown Point, iN
46307
Chicago, IL
60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
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)