J Ra~idIeSchick,
ILLINOiS ENVIRONMENTAL PROTECTION AGENCY
Page 2
Re: LPC#0316525013--CookCounty

CLEHK’S

OFFICE

Ra~idIeSchick,

OlLCounsel

~S 26 200L

Hodge Dwyer Zeman

STATE OF ILLINOIS

3150 Roland Avenue

:I,Jtion Control Bo~r~.

Springfield, Illinois 62705-5776

Februrary24,2004

0(I~~

Clerk of the Board

Illinois Pollution Control Board

Attn: John Therriault

00 West Randolph Street

Suite

11-500

Chicago, Illinois 60601

Re: Exhibits to Great Lakes Dredge and Dock’s

Petition for Review

Dear Sir:

Thank you for alerting me to the missing exhibits by your phone call today. Ihave

enclosed an original Exhibit A and Exhibit B and nine copies of each to attach to the

Petition and copies we sent you.

Yours truly,

J. Randle Schick

1\.flr\

fr~I1~LI~4OT~ PbLLUTION CONTROL BOARD

GREATLAK~S±REI~8~,~\L-j)

DOCK COMIPAI’~Z, e~Jey

)

Corporation,

)

Petitioner,

)

PCBNo.

____

)

ILLiNOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

PETITION FOR

REVIEW

OF AGENCY DETERMINATION

REGARDING BUDGET AMENDMENT #001 OF THE SITE

INVESTIGATION BUDGET AND THE CORRECTIVE ACTION PLAN

NOW COMES Petitioner, GREAT LAKES DREDGE & DOCK COMPANY

(“Petitioner”), by and through its attorneys, HODGE DWYER ZEMAN, and pursuant to

Sections 40 and 57.7(c)(4)(D) ofthe Illinois Environmental Protection Act (“Act”) (415

ILCS

5/40

and 5/57.7(c)(4)(D)), and 35 Ill. Admin. Code Part 105, hereby requests

review ofthe decision by the Respondent, Illinois Environmental Protection Agency

(“Agency”), regarding Petitioner’s Amended Site Investigation Budget and Corrective

Action Plan. In support ofthis Petition, the Petitioner states as follows:

Petitioner is the owner of certain property located at 9320 South Ewing

Avenue, Chicago, Illinois, hereinafter referred to as “the site.”

Petitioner is the owner ofunderground storage tanks (“USTs”) formerly

located at the site.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021

NORTH GRAND AVENUE EAST,

P.O.

Box

19276,

SPRINGcIELD, ILLINOiS

62794-9276. 21 7-782~3397

JAMES

THOMPSON

CEr~rrER,100

WEST

RANDOLPH,

Suiii

11-300,

CHCACO,

IL 60601, 312-814-6026

ROD R.

BLACOJEVICH, GOVERNOR

RENEE

CIPRIANO, DIRECTOR

217/782-6762

CERTIFIED

MAIL

7002 3150 0000 1227 6198

JAN 1~2Ofl4

Great

Lakes Dredge & flock

Attention: Glenn Dawson

9320 South Ewing Avenue

Chi~ago,.Jllinois60617

Re:

LPC#031•6525013--CookCoun~

Chicago / Great Lakes Dredge & Dock

9320 South Ewing Avenue

LUST Incident No. #921587

LUST Technical File

Dear Mr. Dawson:

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the l~Amendment to

the Site Investigation Budget (budget) submitted for the above-referenced incident. This budget,

dated October 2003,

was

received by the Illinois EPA on October 14, 2003. Citations in this

letter are from the Environmenial Protection Act (Act), as amended by Public Act

92-0554

June 24, 2002, and 35 Illinois Administrative Code

(35

Ill. Adm. Code).

The budget is rejected for the reason(s) listed in Attachment A (Section

57.7(a)

and 57.7(c)(4) of

the Act and 35111. Adrn. Code 732.503(b)).

All future correspondence must be submitted to:

Illinois Environmental Protection Agency

Bureau of Land

#24

Leaking Underground Storage Tank Section

1021 North Grand Avenue East

Post Office Box 19276

Springfield, IL 62794-9276

Please submit all correspondence in duplicate and include the Re: block shown at the beginning

ofthis letter.

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PAPER

FEB—~6--2O~41~:45

Page 2

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

Pollution Control Board. Appeal rights are attached.

Ifyou have any questions or need further assistance, please contact the Illinois EPA project

manager, Eric Kuhiman, at 217/785-5715.

Sincerely,

any A. Chappel, P.E.

Unit Manager

Leaking Underground Storage Tank Section

Division of Remediation Management

Bureau of Land

HAC:EK:EK\

Attachment: Attachment A

Appeal Rights

Remediatiort Technologies, LTD

Division File

FFPl—~R--2L’Ifl~

1fl:4~

P.04

Attachment A

Re:

LPC#0316525013--CookCounty

Chicago / Great Lakes Dredge & Dock

.9320 South Ewing Avenue

LUST Incident No. #92

1587

LUST Technical File

Citations in this attachment are from the Environmental Protection Act (Act), as amended by

Public Act

92-0554

on June 24, 2002, and 35 Illinois Administrative Code

(35

Iii. Adm. Code).

The Illinois EPA has determined that these costs are for activities in excess of those

required to meet the minimum requirements ofTitle XVI ofthe Act (Section

57.7(c)(3)

of the Act and 35 Ill. Adm. Code 732.505(c)). Costs for activities and associated

th~~ialsor services exceeding the minimum requirements necessary to comply with the

Act are not eligible forreimbursement from the Fund

(35

Ill. Adm. Code 732.606(o)). It

has also been determined that the costs are site investigation costs. In addition, Costs for

corrective action activities and associated materials or services exceeding the minimum

requirements necessary to comply with the Act are not eligible for reimbursement from

the Fund. (Section

57.7(c)(3)

of the Act and 35 111. Adrn. Code 732.505(c), 732.606(hh)

and 732.606(o)).

The budget includes costs for adiitional soil borings and groundwater monitoring wells.

These costs are for activities in excess ofthose required to meet the minimum

requirements of Title XVI of the Act (Section

57.7(c)(3)

of the Act and 35 Ill. Adm.

Code 732.505(c) arid 732.606(o)).

Costs for investigative activities and related services or materials for developing a

practicescorrectiveoractionunreasonableplan

thatcostsare unnecessaryforjustifiableor

activities,inconsistentmaterials,with

generallyor

servicesacceptedare

ineligible. The budget includes such costs. These costs are for activities in excess of

those required to meet the minimum requirements ofTitle XVI of the A.ct..(Sectio.n

57.7(c)(3) of the Act and 35 Ill. Mm. Code

132,505(c)

~.nd732.606(o)) and/or are not

re~onableas submitted (Section 57.7(c)(3) ofthe Act and 35 Ill. Adm. Code 732.505(c)

and 732.606(hh)).

EK:EK\

in:~

99~

P.03

ILLINOiS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST, P.O. 6o~19276~ SPRINOF~LD,ILLINOIS 62794-9276, 217-782-3397

JAMES

R.

THOMPSON

CENTER, TOO

W~rsr

RANDOLPH, SUITE 11-300, CHIcAGO,

II.

60601, 312-814-6026

ROD

BLA.GOJEVICH, GOVERNOR

RENEE CIPRIANO, DIRECTOR

217/782-6762

CERTIFIED

MAIL

7002 3150 

0000 1255 U’i53

FER0920a4.

Great Lakes Dredge & Dock

Attention: Glenn Dawson

9320 South Ewing Avenue

Chicago, Illinois 60617

Re:

LPC#0316525013--CookCounty

Chicago / Great Lakes Dredge & Dock

9320 South Ewing Avenue

LUST Incident No. #921587

LUST Technical File

Dear Mr. Dawson:

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Corrective Action

Plan (plan) submitted for the above-referenced incident. This plan, dated October 24, 2003, was

received by the Illinois EPA on October 30, 2003. Citations in this letter are from the

Environmental Protection Act (Act), as amended by Public Act

92-05

54 on June 24, 2002,

and

35 Illinois Administrative Code

(35

III. Adm. Code).

Pursuant to Sections 57,7(b) and

57.7(c)(4)

ofthe Act and 35111. Adrn. Code 732.503(b), the

Corrective Action Plan is rejected for the reasons listed in Attachrrient A.

Pursuant to Sections 57.7(c)(4)(D) ofthe Act and 35 111. Adm. Code 73

2.503(b),

the associated

budget is rejected for the reasons listed in Attachment B.

Pursuant to Sections 57.7(b) and 57.12(c) and (d) of the Act and 35 Iii. Adm. Code 732.100 and

732.105, a plan andlor budget must be submitted within Days

days ofthe date ofthis letter to:

Illinois Environmental Protection Agency

Bureau zfL.and

#24

Leaking Underground Storage Tank Section

1021 North Grand Avenue East

Post Office Box 19276

Springfield, IL 62794-9276

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Page 2

Please submit all correspondence in duplicate and

include the Re: block

shown

the

beginning

of this letter.

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

Pollution Control Board. Appeal rights are attached.

Ifyou have any questions or need further assistance, please contact the Illinois EPA project

manager, Eric Kuhiman, at

217/785-5715.

ancere y,

arry A. Chappel, P.E.

tJntt Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau ofLand

HAC:EK:EK\

Attachment: A and B

Appeal Rights

Remediation Technologies, Ltd

Division File

~~_1l_)(~!7L’1

1A~~l

p~3

Attachment A

Re:

LPC #03 16525013

Cook

County

Chicago / Great

Lakes Dredge & Dock

9320 South Ewing Avenue

LUST Incident No.

#921587

LUST

Technical File

Citations in this attachment are from the Environmental Protection

Act

(Act) and 35 Illinois

Administrative Code (35 Ill. Adm. Code).

The

plan

does not

address the soil contamination encountered

by S-1O

beneath

the

former

puxt~pisland along the northern wall

the former paint shop. Therefore,

the Illinois EPA

will require the soil contamination beneath the former pump island

remediated.

The plan also includes investigative activities and related services

materials for

developing this corrective action plan, which are not necessary or inconsistent with

generally accepted practices. Since these activities are in excess ofthose required to meet

the minimum requirements of the Act, they are therefore, unreasonable and ineligible for

reimbursement from the Fund (Section 57.7(c)(3) of the Act and 35 Iii. Adm. Code

2.505(c),

732.606(o), and 732.606(hh)).

The plan also includes the excavation ofcontaminated soil that the Illinois EPA believes

to be unrelated to the above-referenced site. For the purpose.ofreimbursement, since

these activities are in excess ofthose necessary:to meet the minimum requirements of

Title XVI of the Act; costs for such activities are not reimbursable (Section

57.5(a)

ofthe

Act and 35 Ill. Adm. Code 732.606(o)).

EK:EK\

FFIR—11—2m4 

14:51

P.04

Attachment B

Re:

LPC#0316525013--CookCounty

Chicago / Great Lakes Dredge &

Dock

9320 South

Ewing Avenue

LUST Incident No. #921587

LUST

Technical File

Citations

this attachment are from the Environmental

Protection Act (Act), as amended by

PublicAct

92-0554

on June 24, 2002,

and

Illinois Administrative Code

(35 UI

Adm Code)

The Illinois EPA has not approved the plan with

which the budget is associated.

Therefore, the Illinois EPA

cannot determine

whether these costs are for activities in

excess ofthose required to meet the minimum requirements ofTitle XVI ofthe Act

(Section

57.7(c)(3)

ofthe

Act and

35 Ill. Adm. Code

732.505(c)).

Costs

for corrective

action activities and associated materials

or services exceeding the minimum

requirements necessary

to comply with the Act

are

not eligible for reimbursement from

the Fund

(35

III. Adm. Code 732.606(o)). It also

cannot

determined whether

the costs

are

corrective action costs. “Corrective action”

means an

aôtivity

associated

with

compliance with

the provision ofSection

57.6

and

57.7 of the Act

(Section 57.2

ofthe

Act and

Iii. Adm. Code 732.103). One

ofthe eligibility requirements for accessing

the Fund

that costs are associated with “corrective action” (Section

57.9(a)(7)

ofthe

Act and

Ill. Adm. Code

732.505(c)).

In addition, it cannot be determined whether

these costs are reasonable as submitted (Section

57.7(c)(3~

of the Act and 35 Ill. Adm.

Code

732.505(c)

and 732.606(hh)).

EK:EK\