Petitioner,
)
)
)
)
)
)
)
PCB No. 04-145
)
)
)
)
)
RECE~VE D
CLERK’S OFFICE
NOTICE OF FILING
TO:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA FIRST CLASS
MAIL)
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(VIA
FIRST CLASS MAIL)
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution Control Board an original and nine copies each ofan ENTRY
OF
APPEARANCE
OF J.
RANDLE
SCHICK
and AMENDED
PETITION FOR
REVIEW OF AGENCY DETERMINATION REGARDING THE CORRECTIVE
ACTION PLAN
AND
ASSOCIATED BUDGET,
copies ofwhich are herewith served
Respectftully submitted,
GREAT LAKES DREDGE &
DOCK COMPANY,
Petitioner,
Dated: March 26, 2004
J. Randle Schick
Of Counsel
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
By:
J.R~ndleSchick
BEFORE THE ILLINOIS POLLUTION CONTROL
92004
NO !S
GREAT LAKES DREDGE &
DOCK COMPANY, a New Jersey
Corporation,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
v.
Respondent.
upon you.
THIS FILING SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
I, J. Randle Schick, the undersigned, certify that I have served the attached
ENTRY OF APPEARANCE OF J. RANDLE SCHICK and AMENDED PETITION
FOR REVIEW OF AGENCY DETERMINATION REGARDING THE CORRECTIVE
ACTION PLAN AND ASSOCIATED BUDGET upon:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
by depositing said documents in the United States Mail in Springfield, Illinois, postage
prepaid, on March 26, 2004.
J.andle Schick
GLDD:OO1/Fi1INOF
—
Petition for Review-04-145
•
•
•
RECENVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAR 29 2004
GREAT LAKES DREDGE &
)
DOCK COMPANY, a New Jersey
)
P~’t~~
Corporation,
)
)
Petitioner,
)
)
v.
)
PCBNo.04-145
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ENTRY OF APPEARANCE OF J. RANDLE SCHICK
NOW COMES J. Randle Schick, of the law firm ofHODGE DWYER ZEMAN,
and hereby enters his appearance on behalfof Petitioner, GREAT LAKES DREDGE &
DOCK COMPANY.
Respectfully,submitted,
•
GREAT LAKES DREDGE &
DOCK COMPANY,
Petitioner,
By:______
J. Rai~(eSchick
Dated: March 26, 2004
J. Randle Schick
Of Counsel
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
GLDD:OO1/Fil/EOA
-
JIRS-04-145
~&~R2 ~2OO’~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~o~S
DREDGE &
)
~ol~Utt0~t)’OtT(COMPANY, a New Jersey
)
Corporation,
)
)
Petitioner,
)
)
v.’
)
PCB No. 04-145
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
•
Respondent.
)
AMENDED PETITION FOR
REVIEW
OF AGENCY DETERMINATION REGARDING THE
CORRECTIVE ACTION PLAN
AND
ASSOCIATED BUDGET
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 decisionby the Respondent, Illinois Environmental Protection Agency
(“Agency”), regarding Petitioner’s Corrective Action Plan and associated Budget. In
support of this Petition, the Petitioner states as follows:
1.
Petitioner is the owner of certain property located at 9320 South Ewing
Avenue, Chicago, Illinois, hereinafter referred to as “the site.”
2.
Petitioner is the owner ofunderground storage tanks (“USTs”) formerly
located at the site.
3.
On October 24, 2003, Petitioner submitted its Corrective Action Plan for
LUST Incident No. 921587.
4.
By letter dated February 9, 2004, the Agency rejected the Corrective
Action Plan and associated budget. (The Agency’s letter is attached as Exhibit A). The
letter further stated that “An underground storage tank system owner or operator may
appeal this decision to the Illinois Pollution Control Board.”
5.
Petitioner is seeking review ofthe Agency’s February 9, 2004,
determination rejecting Petitioner’s Corrective Action Plan and associated budget forthe
above-referenced LUST incident. The Agency’s determination is arbitrary, capricious,
and without statutory authority. Furthermore, the Agency is bound on review by its cited
reasons.
6.
On March 4, 2004, the Illinois Pollution Control Board entered an order
reserving docket PCB 04-145 for the review of the Agency’s February 9, 2004,
determination, and directed Petitioner to file an amended petition under this docket
number by April 8, 2004.
WHEREFORE, for the above and foregoing reasons, Petitioner, GREAT LAKES
DREDGE & DOCK COMPANY, respectfully requests that the Illinois Pollution Control
Board grant the following relief:
1.
Find that the Agency’s February 9, 2004, decision is arbitrary and
capricious, and without statutory authority;
2.
Reverse the Agency’s decision rejecting Petitioner’s Corrective Action
Plan and associated Budget;
2
3.
Remandthis matter to the Agency with instructions to approve the
Corrective Action Plan and associated Budget as submitted, as provided by the Act, but
not inconsistent with the Illinois Pollution Control Board’s Order;
4.
Award Petitioner reasonable attorney’s fees and expenses incurred in
bringing this action; and
5.
Award such further relief as deemed just and equitable in these premises.
Respectfully submitted,
•
GREAT LAKES DREDGE &
DOCK COMPANY,
Petitioner,
By:___
J. RandiTe Schick
Dated: March 26, 2004
J. Randle Schick
Of Counsel
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
GLDD:OO1/FiI/Petition for Review-04-145
3
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 N0~THGRA~o
Av~U~EAST,
P.O. ~
19276,
SPR:NCFI?LD,
ILLINO~562794-9276,217-7823397
JAMES
R;
TH0MPSOt~CEN’iER,
100
WES1~RAND0LPH,
SUITF.
1
1-300, CIilcAco, ~L60601, 312-814-6026
Ron R.
BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO1 DRECTOR
217/782-6762
•
CERTIFkED
MAIL
•
70.0~ 3150 0000 1255 0953
•
V.E~O92OQ4
•
Great Lakes Dredge & Dock
Attention: Glenn Dawsoñ
•
9320 South Ewing Avenue
•
I ‘
Chicago, Illinois 60617
Re:
LPC~03165250l3--CookCounty
•
Chicago / Great Lakes Dredge & Dock
•
•
9320 South Ewing Avenue
LUST Incident No~#921587
•
•
LUST Technical File
Dear Mr. Dawson:
The Illinois Environmental Prote~ionAgency (Illinois EPA) has revi~wedthe Co~ctiveAction
•
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 ProtectionAct (Act), as amended by Public Act 92-05
54
on June 24, 2002, and
35 Illinois Administrative Code.(35 Ill. Adm. Code).
“
• Pursuant to’Sectioris 57.7(b) and 57.7(c)(4) ofthe Act and 35111. Adm. Code
732.503(b),
the
•
Corrective Action Plan is rejected for the reasons listed in Attachment A.
Pursuant to Sections 57.7(c)(4)(D) of the Act and 35111. Adrn. Code 732.503(b), the associated
•
•
budget is rejected for the reasons listed in Attachment B.
‘
Pursuant to Sectionz 57.7(b) and 57.12(c) and (d) ofthe Aôt and 35 U. Adm. Code 732.100 and
732.105, a plan andlor budget must be submitted within (Days
days of the date of this letter to:
Illinois Environmental Protection Agency
‘
Bureau ~,fLand
-
#24
•Leaking Undergroun4 Storage Tank Section
‘ .‘
‘
‘
•
‘
1021 North Grand Avenue East’
S
•
PostOfficeBox 19276
• S
Springfield, IL’ 62794-9276
5
5
5 ‘
-. 4302 Nc)r)h M3 ~ S1c~’c; ~ncki~id. IL 611 (‘r) -
I 5) 937.~
•
))r.,
‘~.\~Nj
— 95)) \V. Iirri~n SI..
~
Pj,i~,,,,,Ii. 600 6 ..)34
7)
294..~)i
•
~ (~IN
—
595 ~itj)hS:atL’
EI~’I~,
II 60123 —
)347)
,0~(.3131
I’w~~ 5 1 ~ N UN”~~lySI.. P~)flA.IL 6)
(,1 4
— (3(19)
.~.53IY3
I
~‘..i) )‘i0I’~ 7620 N .3’
~‘Iv SI
3 II I, 6).~ I ~ I I
I
‘
~
~
N
)3~‘,,utI, I tr~l
~,lr~T
C harnplibn 1( 6)570
—1217)
SIKI~.I
fIHI)
_4
,00 ~ix))i ~Ir ‘~1I~I ‘. u~t..1~IdI)
F 7~’I
— 21,) )~ I ))
(i
~
— 100’)
Mi)) SIF~U C
vl) ,, ~‘iII~ I).
622
~4
— (61 ~) 3
•
‘
— 230’) W.
M,Ufl
S.. Shill 1 I~,;Mvicui.
It
62459 —1116 ~9’1 ~200,
•~lrc
v~tics
P...c’ci
‘ ‘
j
Page 2
Please submit all correspondence in duplicate and include the Re: block shown at the
beginning
ofthis 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
rn.anager, Eric ‘Kuh.lman, at 217/785-5715.
incere y,
arryA.Chappel,P.E.
UnitManager
‘
‘
S
,,,
Leaking Underground Storage Tank Section
‘
Division ofRemediation Management
‘
Bureau ofLand
•
S
,
HAC:EK:EK\
‘
S5
,
Attachment: A and B
Appeal Rights
c:
Remediation Technologies, Ltd
S
DivisionFile
S
S
S
‘
/
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 11. Adm. Code).
1.
The plan does not address the soil contamination encountered by S-lU beneath the former
pump island along the northern wall of the former paint shop. Therefore, the Illinois EPA
will require the soil contamination beneath the former pump island be remediated.
2.
The plan also includes investigative activities and related servic.es or 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 ofthe Act, they are therefore, unreasonable and ineligible for
reimbursement from the Fund (Section
57.7(c)(3)
ofthe Act and 35 Iii. Adm. Code
732.505(c), 732.606(o), and 732.606(hh)).
5
3.
The plan also includes the excavation ofcontathinated soil that the Illinois EPA believes
to be unrelated to the above-referenced site. For the purpose ofreinibursement, since
these activities are in excess ofthose necessary.to meet the minimum requirements of
•
Title XVI ofthe Act; costs forsuch activities are not reimbursable (Section
57.5(a)
of the
A& and 35 III. Adm. Code 732.606(o)).
.
5’
5
EK:EK\
•
5
• Attachment B
Re:
LPC#0316525013--CookCounty
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), as amended by
Public Act
92-0554
on June 24, 2002, and 35 Illinois Administrative Code
(35
Ill. 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 of those required to meet the minimum requirements of Title XVI of the Act
• (Section
57.7(c)(3)
ofthe’ Act and 35 Xli.. 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 73 2.606(o)). It also cannot be determined whether the costs
are corrective action costs. “Corrective action” means an activity associated with
compliance with the provision of Section 57.6 and 5:7~of the Act (Section 57.2 of the
Act and 35 Ill. Adm. Code 732.103). One ofthe eligibility requirements for accessing
the Fund is that costs are associated with ~correctiveaction’ (Section
57.9(a)(7)
ofthe
Act and 35 111. Adm. Code
732.505(c)).
In addition, it cannot be determined whether
these costs are reasonable as submitted (Section
57~7(c)(3)
ofthe Act and 35 fll.Adm.
Code 732.505(c) and 732.606(hh)).
S
‘ • •
5
EK EK\