R E C

~1

V E D

CLERK’S OFHCE

BEFORE

THE ILLINOIS POLLUTION CONTROL

BOARDAPR

22

20Q4

STATE OF

~LUNOIS

WEWS, L.P., WITH RESPECT TO

)

Pollution

Contro’ Board

THE BOYE NEEDLE

FACILITY,

)

)

Petitioner

)

)

v.

)

PCB 04-128

)

(EJST APPEAL)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent

NOTICE OF FILING

TO:

Division ofLegal Counsel

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O.

Box

19276

Springfield, Illinois

62794-9276

PLEASE

TAKE NOTICE

that I have today

filed with the

Office of the

Clerk of the Illinois

Pollution Control

Board,

the undersigned’s APPEARANCE in the

above-captioned

matter and

Petitioner

WEWS,

L.P.

with

respect to

the

Boye

Needle

Facility’s

PETITION

FOR

APPEAL

OF

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

DETERMINATION

REGARDING

UST

FUN)

REIMBURSEMENT

AND

HEARING,

a

copy of both

of which

are

herewith

served

upon you.

SeanW.B

zark

for Greenberg Traurig, LLP

Date:

April

22, 2004

Sean

W.

Bezark

GREENBERG TRAURIG, LLP

77

West Wacker Drive

Suite

2500

Chicago, Illinois

60601

(312)

476-5027

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

WEWS, L.P., WITH RESPECT TO

)

THE BOYE

NEEDLE FACILITY,

)

)

Petitioner

)

)

v.

)

PCB 04-128

)

(UST APPEAL)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent

PROTECTION AGENCY DETERMINATION REGARDING

UST FUND REIMBURSEMENT AND HEARING

Petitioner, WEWS,

L.P.,

with respect to the Boye

Needle Facility, hereby

submits

this

Petition

For

Appeal

of

Illinois

Environmental

Protection

Agency

Determination Regarding UST Fund Reimbursement and

Hearing to

appeal

the Illinois

Environmental

Protection

Agency’s

(“Agency”)

final

determination

that

certain

expenditures

Petitioner

incurred

for activities

taken

in

response

to

a

confirmed

UST

release performed in compliance

with the Illinois Environmental Protection Act (“Act”),

Sections 415

ILCS

5/57,

5/58,

at 4343-4357 North Ravenswood, Chicago, Cook County,

are unreasonable

arid not reimbursable

from

the UST

Fund.

This

Petition

is

submitted

pursuant to

Section 40

and Section

57.8(i)

ofthe Act.

Petitioner requests

that the Board

find

that

the

$42,852.00

that

the

Agency

determined

is

unreasonable

and

not

reimbursable

from the UST Fund

is

in fact and

by law reimbursable pursuant to

the Act

and hold a hearing with respectto the issues discussed in this Petition.

Printed

on recycled paper.

---

I.

Procedural History

WEWS,

L.P.

has

engaged

Pioneer

Engineering

and

Environmental

Services, Inc.

(“Pioneer”) to

conduct response actions at 4343-4357 North Ravenswood,

Chicago,

Cook

County,

with

respect

to

a

confirmed

UST

release

at

that

facility.

Considerable

amounts of necessary response actions have been taken at the facility and

the

Agency

has

approved

of

numerous

UST

Fund

reimbursement

requests

and

the

Comptroller

of

the

State

of

Illinois

has

reimbursed

these

approved

reimbursement

requests.

On

April

17,

2003

and

June

16,

2003,

Pioneer,

on

behalf of Petitioner,

submitted to

the Agency

an

Early Action Billing

Package

and

an

Early Action Billing

Package

#2,

respectively,

both

of

which

contained

a

Request

for

Payment

of UST

Corrective Action Costs,

for response activities

performed

in

connection

with,

amongst

other activities,

the

operation

and

maintenance

of the

active

remediation

free product

recovery system to address the confirmed release at the facility.

The Early Action Billing

Packages are voluminous and are, therefore,

incorporated herein by reference (full copies

will be made available to the Board upon request).

On October 8, 2003, the Agency

sent

two

letters

to

Petitioner,

one

of which

deducted

$42,852.00

for Field

Technician

and

Project

Engineer’s

costs

for operation

and

maintenance

(0

&

M)

of the

free product

recovery

system

which

the

Agency

deemed

unreasonable.

A

copy

of that

letter

is

attached hereto as Attachment

1.

Item #1

on Attachment A to

this letter is

the only item

at

issue

in

this

Appeal.

Pioneer

sent

the

Agency

a

letter

dated

November

5,

2003

explaining that all costs

and fees were

appropriately incurred to address the release at the

facility.

A copy of this explanatory letter is

attached hereto as Attachment

2.

Note that

2

---

this November

5

2003 letter also

addresses other matters not at

issue.

On December

18,

2003,

the Agency

sent Petitioner a final determination letter which is

attached hereto as

Attachment

3

(this

letter was received by

Petitioner on December 22,

2003).

This

final

determination

letter

approved

an

additional

voucher

of

$3,267.00

and

contained

a

Technical

Deduction

of $42,852.00

for costs

which

were

“unreasonable as

submitted.”

The Agency’s determination that these $42,852.00

in incurred costs are unreimbursable is

inconsistent

with the

Act.

Consequently,

Respondent

is

submitting

this

timely Petition

for

Hearing

and

Appeal

of

that

portion

of

the

Agency’s

December

18,

2003

determination.’

II.

Grounds for Appeal

The grounds for appeal

in this matter are quite simple.

All

costs incurred

by

Petitioner

as

described

in

Pioneer’s

Early

Action

Billing

Packages,

including

the

$42,852.00

at

issue

here

and

referenced

above

were

reasonable,

were

for

costs

for

activities taken in response to a confirmed release and are properly reimbursable pursuant

to

415

ILCS

5/57

and

5/58.

Contrary to

the Agency’s determination, the

$42,852.00

in

costs at issue were reasonable as submitted.

The

Agency has

taken the

position

that

those

costs

were

unreasonable

because,

in

essence, the

Agency

believes

it

took

Pioneer too

many

hours

to

perform

certain

response

action

activities.

This

determination

does

not

take into

account

the

complexities

of

the

remediation

project

and

certain

other

factors

related

to

the

remediation activities.

‘On February

5,

2004, the

Board adopted an Order extending the

time period within which Petitioner must

file this Appeal with the

Board, a copy of which is attached hereto as Attachment 4.

3

---

First and

foremost, every dollar of the $42,852.00 at issue was incurred to

comply with the Act and to

operate and maintain the free product recovery system

at the

facility.

The presence

of free

product at

the facility

necessitated the

operation

of an

active treatment

system.

This

system included the installation of wells,

the pumping of

groundwater

and

the

pumping

and

disposal

of free

product.

A

summary of Pioneer’s

employee’s

field notes

were

provided to

the

Agency

to

document

and provide detailed

information regarding the services performed (and are included herein in Attachment 2).

The contemporaneously-prepared field notes clearly

show the

significant time Pioneer’s

employees

spent

in

appropriately

and

reasonably conducting

response

actions

at

the

facility.

These

activities

were

not

in

excess

of those

necessary to

meet

the minimum

requirements ofTitle XVI ofthe Act (Section 57.5(a) ofthe Act and 35

Ill. Admin.

Code

732.606(o)).

35111.

Admin. Code 732.203

required removal of free product to the extent

practicable.

Costs incurred to comply with that section (and the Act) are reasonable.

In addition,

the facility has physical constraints which makes free product

recovery difficult

and time consuming.

The free product

is located underneath the floor

in

the

basement

at

the

facility

with

limited

access

for

investigative

and

treatment

equipment.

Also,

the

cold

winter

weather

necessitated

additional

response

action

activities

to

operate

and

maintain

the

free product

treatment

equipment

and

to

keep it

from freezing.

While

the Petitioner understands

and

appreciates

the Agency’s authority

and

need

to

review

reimbursement

requests

to

make

certain

the

costs

incurred

are

reasonable,

that

reasonableness

determination

should

be

made

on

a

case-by-case

basis

taking

into account

whether the

costs

were

incurred

to

comply with

and

in

compliance

4

---

with

the

Act

and

were

necessary under

the

circumstances.

In fact,

Petitioner’s

Site

Investigation Plan,

Site Investigation

Completion Report and

all

Quarterly Free

Product

Removal Reports

specifically document the recovery efforts

portions of the

costs which

are

at

issue

here.

The

Agency has

approved of these

documents,

all

of which

were

submitted to the Agency.

The $42,852.00

at issue

was incurred by

Petitioner to comply

with and in

compliance

with

the

Act

and

were

reasonable

under

the circumstances of the response

actions at the facility.

The Agency’s determination that the Field Technicians and

Project

Engineer’s

costs

for operation

and

maintenance (0

&

M) of the free product recovery

system

were

unreasonable

was

arbitrary

and

capricious.

The

Act

authorizes

the

reimbursement from

the

UST Fund

costs

incurred

for activities

taken

in

response

to

a

confirmed UST release; the $42,852.00

in costs

at issue

were

exactly that type of costs.

The

Agency

has

provided

no

rationale,

and,

in

fact,

there

is

no

rationale

that

these

remediation

costs

are

“unreasonable

as

submitted.”

As

such,

the

costs

are

properly

reimbursable by the UST Fund via the Comptroller of the State ofIllinois and

the Agency

should prepare a voucher for $42,852.00

for submission

to the Comptroller’s Office for

payment as funds become available.

III.

Conclusion

and Prayer for Relief

In reliance upon,

pursuant to

and

in

accordance with the

Act,

Petitioner

incurred costs

for activities

to

respond

to

a

confirmed

UST

release.

These

costs

are

properly reimbursable pursuant to

the Act and

the Agency has provided no

rationale or

basis

for its

determination that the costs

are unreasonable.

The response actions simply

could not have

been appropriately performed

without the

services

at

issue

having been

5

---

performed.

The

costs

were

properly incurred,

were

necessary

and justified

under

the

circumstances and were (and are) reasonable.

WHEREFORE,

for

the

foregoing

reasons

and

the

reasons

set

forth

in

correspondence

with

the

Agency,

the

Petitioner

respectfully petitions

the

Board

for

a

hearing

to

address

the

issues

addressed

in

this

Appeal

or

to

find

that

the

Agency’s

determination

was

in

error

and

the

$42,852.00

was

incurred

by

the

Petitioner

for

reasonable response actions and is properly reimbursable to the Petitioner.

Respectfully

submitted,

WEWS,

L.P., with respect to

the Boye Needle Facility

By:_______________

One ofits

ttorneys

Sean W.Bezark

GREENBERG TRAURIG, LLP

77 West Wacker Drive

Suite 2500

Chicago, Illinois

60601

(3 12) 476-5027

6

---

ATTACHMENT

1

October

8 2003 Illinois Environmental Protection Agency Letter

---

JLUNO~SENVIRONMENTAL

PROTECTION

AGENCY

1021

r~OP.T1~’

C~n’.o

AVENUE

E~sT,P.O.

Box

19276.

S~.C~CLD,

IWNOtS

62~4~)276

JA.~4ts

~

T-fO~’P5o~

CEJ~iR,

100 W~s~

R~NDOI.PFt.surE

1

1—300,.

CHJC~G~),

L

60601

ROD R.

9LAGOIEVICH,

CcJVE~NOR

R~NEEC,p~,u~NO,

DIREco~

217/782-6762

OCT

0

8

20U3

WEWS. LP.

Attn:

.Rocco Martino

70 West Madison Street, Suite 5710

Chicago, Illinois

60602

Re:

LPC#0316005S67~C00~~0thtflY

ChicagoIBOye Needle Facility

4343-.4357 North. Ravenswood

LJJST Incident Number 20010347

Lt2ST FISCAL Ffl~E

Dear Mr. Martino:

On July

21,

2003, the Agency sent you. a letter regarding the site referenced above,

Upon further

review, an additional voucher for 526,000.00 will be prepared for submission to the

Comptroller’s

Office for payment

as funds become available.

An underground

storage tank owner or operator mayappeal this decision

to the Illinois Pollution

Control Board (Board) pursuant to Section

57.8(i)

and Section 40 ofthe illinois

Environmental

Protection Act,

An owner or operator who

seeks

to

appeal the Agency’s decision may, within 35

days afler the

~

petition-f~a

earing before.th&Board;~...

however, the 35-day period maybe extended

for a period oftime not to exceed 90 days by written

notice provided to the Board from the applicant and the Agency within the 35-day initial appeal

period.

For information regarding the filing ofan

appeal~

please contact:

Dorothy Gunn, Clerk

Illinois Pollution

ControlBoard

State ofIllinois Center

100 WestRandolph, Suite 11-500

Chicago, Illinois 60601

312/814-3620

For inform

ation regarding the filing ofan extension, please contact:

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Page

2

illinois

Environmental Protection Agency

Division ofLegal

Counsel

1021. North GrandAvenue East

Springfield, Illinois

62794-9276

2j717g2.5544

if you

have any questions~

please coutact Jason Donnelly of Harry Chappel’s staff at

2171782-6762.

Si

nc~ely,

~

i~4~L~

Dci~g1~s

E. Oakley, Manager

(

LUST Claims

Unit

Planning & Reporting Section

Bureau ofLand

DEO:LH:ct\03914.dOC

cc:

Pioneering Engineering Environmental Services. Inc.

---

-

-

Attachment A

Technical Deductions

Re:

LPC #031605567

—

Cook County

ChicagolWilliam

Wright

Ltd.,

Partnership

4343

North Rarenwood

LUST Ilcident No. 20010347

LUST Fiscal F~ile

Citations

in

this

attachment

are

from and the Envi~anmental

Protection

Act

(Act) and 33 illinois

Administrative Code (35 III. Mm.

Code).

Item #

Description of Deductions

$42,852.00,

deduction forcosts

which are

unreasonable as

submitted.

(Section 57.7(c)(4)(C)

of

the

Act

and

35

Dl.

Mm.

Code 732.606(hh))

The above deduction is

associated

with Field Technician and Project Engineer costs

that were

unreasonable for operation and maintenance (O&.M~

of the free

product recovery system.

2.

$1,657.50,

deduction for costs associated with

demurmage charges.

(Section

57.7(c)(4)(C) of

the Act

and 35

£11.

Adrri. Code

732.606(rin)).

In addition, these costs

that lack supporting

documentation (35 DI. Mm.

Code 732.606(gg)).

Since

there is no supporting documentation

of costs, the illinois EPA cannotdetermine that costs

were riot used foractivities in excess of

those

necessar)’

to

meet the minimum requirements ofTitle XVI of the Act (Section

57.5(a)

of the Act and

35

IlL Adm. Code 732.606(o)).

The proper invoices must

be submitted if the above costs were for actual loading of free

product.

3

~

1in~(s’

exceed

the

handling

charges set forth in

Section

.57.8(f) of the

Act.

Handling charges are eligible

for payment on yi

or less than the amount determined by

the following table (Section

57.8(1) of the Act and 35

Ui.

Adm.

Code

732.607):

Subcontract cr

Eligible

Handling Charges

Field Purchase Cost

as a

Percentage of Cost

$0-S5,000

12

S5.00-S15,000

$600÷10

of amount over $5,000

$l5,00l-550,000

$1600+8

of

amount overSl5,000

S50,00i-Sl00,000

S4400÷5

of amount over

$50,000

Sl00,00l-$l,000,000

$6900

+

2

of amount

over $100,000

HAC:JD’O

1 0347-bi

U

ing.pack#3

.A

---

ATTACHMENT 2

November

5,

2003 Pioneer Lefter Providing Additional Information

---

~r~~EiI

700 North

Sacranwnto

Boulevard, Suite

101

•

Chicago, flt~nois

(506fl

112.557.1021

• Fax: 3i2.557.~3210

www.piom?erenvixonmentai

.cont

November

5,

2.003

Illinois Environmental Protection Agency

Bureau

ofLand ~24

-

RAPAIJ

1021

North Grand Avenue East

P.O. Box

19276

Springfield~.IL

62794-9276

Attn.:

Lieurafiackman,

RAPAU

Jason l)onneliy, LUST Technical

Re:

LPC #0316005.567

--

Cook County

Chicago/ Boyc

Needle Facility

4343 North Ravenswood

LUST Incident No. 20010347

Dear Ms. Hackrnan and Mr. Donnelly:

This letter is an

appeal to

two Agency letters,

dated October 8, 2003,

regarding the reimbursement

of early action corrective action

costs at

the above captioned subject property.

As

specified in

the

Agency’s letters,

this

appeal

is

being

filed

within

35

calendar

days

of

the

mailing

date

of

the

Agency

letters.

A

copy

of the

Agency’s

letters

have

been

included

as

Attachment A

of

this

submittal for yourcortvenietice.

As described in

Attachment A of the Agency’s letters, certain

technical

deductions associated with

laboratory

analysis

and

operation/maintenance

costs

associated

with

the

free

product

recovery

effot~s

were excluded from reimbursement.

The amounts excluded are properly reimbursable.

The

following is intended to

provide additional

documentation to support a request for a

re-evaluation of the deductions outlined

in the

Agency’s

letters.

For your

convenience,

this

appeal

has been

structured in

a

format to

correspond

to

the

~points outlined in yourletter.

:t~i~ical

ductiqnicjlUiingpackage

#Z)

1.

A

deduction

in

the

amount

o

S3,267.00

was

made

for

costs

associated

with

waste

scan

analysis.

Due to the presence of free

product at

the site, ~tive remediation

was

necessary in

order to pursue closure of the LUST incident.

This remediation

included the

installation of

wells, the pumping of groundwater, and

the pumping of free

product.

As

a

result of these

activities,

three

separate

waste

streams

were generated

(i.e.

soil,

water,

and

product)

which

required proper

off-site disposal.

A copy

of the

actual

subcontractor

laboratory

invoice

is

attached for

your reference in

Attachment B.

The

soil

waste

scan

was

conducted

for

the

disposal of soil

cuttings generated during

the installation of monitoring and

recovery

wells.

The

purge

water waste

scan was

conducted for the disposal of purge

water generated

during

well

sampling and

free product recovery efforts

at the

monitoring

and

recovery wells.

The

‘free product waste scan

was conducted forthe disposal of the free product

from

the site

which

---

.LPC ~U’~i

6OO5~67

Cook

Cotir;~y

Cbka~ft

/ Boyd

N~1k

Fa~iity

43434357

North Rav~r~wood

LUSTIncident

N~o.2~)0IO347

Novcint,c~

5.

Page 2

is

generated

during

free

product recovery effbrts.

In

order

to

obtain

permits

for

off-site

disposal,

site-specific

information

was

reviewed and

evaluated arid

the

waste

streams

were

analyzed accordingly.

As a result, these costs were

necessary and reasonable,

and the Agency

should

modify

the

amount

of reimbursement

to

include

the

$3,267.0()

deducted

by

the

Agency.

Techntcitl l~eduction~JhUling

paclgjgc

#3’)

2.

A

deduction

in

the

amount

of

$42,852.00

was

made

for

costs

associated

with

Field

Technician

and

Project ‘Engineer costs associated

with the operation and maintenance of the

free

product

recovery

system.

Due

to

the

presence

of

free

product

at

the

site,

active

rernediation was necessaty in order to pursue closure ofthe LUST incident.

This

remediation

included numerous activities, including the installation of w~lls,the pumping of groundwater.

and the pumping of free product.

Due

to

the physical properties of heating

oil,

the

recovery of this

product

is

difficult.

In

addition,

the cold

weather conditions

during

the

period of

the

operation

and

maintenance

efforts

resulted in

significant

labor

associated

with

pumping

heating

oil

and

groundwater

during cold weather conditions.

All ofthe labor

costs

for which reimbursement is sought

are

for

actual work performed at the

subject property

to

recover

free

product

and

therefore are

appropriately reimbursable.

A

summary of the

field notes collected

by

Pioneer personnel

have

been

summruized

and

are

included

as

Attachment

C

to

provide

the

Agency

with

documentation and additional information regarding descriptions ofthe work performed.

Given

the

above

information,

Pioneer

respectfully

requests

that

the

approved

amount

for

reimbursementbe

modified by S46, 119

to

include the costs described above.

Pioneer appreciates

your time in

review of this

matter and

if you

have

any

questions

or need

additional

information,

please contact rue at (312) 587-1021.

Sincerely,

PJOI’/EER

ENGINEERING

&

ENVIRON&(ENTAL SERViCES, INC.

~

7..~

Eric Ttrrmuehlen, P.E.

Senior Project Manager

Auachmentsj

cc:

Rocco Martian,

WEWS, L.P. (w/Attach.)

Sean Bezark, Esq., GreenbergTraurig, LLP (wlAttach.)

---

ATI~ACHM13NT

A

AGENCY LEITERS

OCTOBER 8, 2003

---

tLLINO!S

ENVIRONMENTAL

PROTECTION

AGENCY

021

NoRm

CRAr.C

Avr~1u?

E.~sr,

P.O

Box 19276,

5pRp~icF~ao,

ILLINOIS

62794-927&

21

7.782-3397

LAMEs

~.

T~psi~CE”~TER,100

WEST

RANDOLPH,

Su:TE

i i..300. Ch:c~co,

It. 601,

312-814-6026

Ron

R.

8l.AGOIEvICH,

Cov~RNoR

RENEE

CIP~UANO,DIREcTOR

2171782-6762

OCT08

20U3

WEWS, L.?.

Artention:

Rocco Martino

70

West Madison Street, Suite

5710

Chicago. IL

60602

Re:

LPC#0316005567--Cook

County

Chicago/Boye Needle Facility

4343-4357

North

Ravenswood

LUSTiriciden~Number 20010347

LUST FISCAL FILE

Dear

Mr. Martino;

On

May 19. 2003, the Agency sentyou a letter regarding

the site referenced above.

Upon.

further

review, an additional voucher for $5,015.02

will

be prepared for submis.~ionto the Comptroller’s

Office for

payment as funds become available.

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

Control Board (l3oard)

pur.suant to

Section 57.8(i) and Section

40 of the Illinois Envirotunental

Protection Act.

An owner or operator who seeks to appeal the Agency’s decision may, within 35

days after the notilkation

of

the

finalAgency decision, petition fora

hearing before the Board;

however,

the

35-day period

may be extended for a period oftime

not to exceed

90 days by

written notice provided to the Board from the

applicant

and the Agency

within the35-day initial

appeal period.

For information regarding the filing ofan appeal, please

contact:

Dorothy

Gun.n,

Clerk

Illinois Pollution

Control Board

State of Illinois Center

100 West Randolph, Suite

11-500

Chicago. lilinois 60601

.12~8i4-~620

kccj~oar~

-.

43Q3

NOrth

Main Street

R~ck(ord.It

61

03 —(5?

5

9a7.7760

•

Ot~

P~

~

-

9511

W.

Nwrisor

Si.. Oer, PIair,~,

IL

60016

—(84712944000

S.iwh S~aze.

El~ui.

II. 6C1

23 —(647) 60~.3

131

•

PEOrn.~

—

54

5

N.

IJniversir~

Sr.,

Peoria.

IL 61614

(309j

6935463

~

—

7620 N.

J

ver~i~.

5~.,

Peoria.

IL 61614

—

(3~9~

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CH~il.~c-~

2W

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Street Charr~pa?n.

IL

6I~0~

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Collirrawdle, ft

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IL

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____

I

.......

Page 2

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021

North

GrandAvenue East

Springfield., Illinois 62794-9276

21 7/782-5544

If you

have any questions, please contact

Lieura ilackman, or Jason

Dotineliy ofHarry

Chappel’s staff, at 2:17/782-6762.

DEO:LH:jk”.03 0936.doc

Attachment

E.

Oakley. Manager

LUST Claims Unit

Planning & Reporting Section

Bureau

ofLand

cc:

Pioneer Engineering

Environmental Services, Inc.

---

—-

-

Attachment A

AccounEingDeductions

Re:

LPC

#0316005567

--

Cook County

Chicago/Bcye Needle Facility

4343-4357

North

Ravenswood

LUST Incident Number

20010347

LUST Fiscal File

Citations

in this attachment are from and the Environmental Protection Act (Act) and

35

Illinois

Administrative

Code

(35

lU. Adm. Code).

Item #

Description of

Deductions

1,

$2,679.50, deduction for costs associated with demurra~

charges.

(Section

577(c)(4XC) ofthe Act and 35 Iii. Adm. Code 732.606(nn))

This deduction, was made for deinurrage charges requested on the SET

Environmental

invoice.

:2.

$3.16.47, adjustment

in the

handling

charges due to the deduction(s) ofineligible

costs

(Section

57.8(f)

ofthe Act and

35

111.

Mm.

Code 732.607).

This deduction for handling

charges

associated with the ineligible dernurrage charges.

DEO:LH:j k\0.3

0936.

doc

---

~IT

---.~-.~

~

.~-

Attachment A

Technical Deductions

Re:

LPC ~O31605567

--

Cook County

Chicago/William WrightLtd., Partnership

4343

North Ravenwood

LUST incident No. 20010347

LUST Fiscal File

Citations

in

this attachment

are

from and the

Environmental Protection Act (Act)

and 35 flhjnojs

Adrnirdstrative Code (35 Ill.

Mm.

Code).

Item

#

Description of Deduct.ions

I.

$3.267.0O, deduction in waste scan

analysis costs, which are unreasonable as

submItted.

(Section

57.7(c)(4)(C)

of the Act

and

35

lii. Adm.

Code 732..606(hh). In

addition, these costs

that lack supporting documentation

(35 lii.

Adm. Code

732.606(gg)). Since

there

is no supporting documentation of costs, the illinois EPA

cannot determine that costs were

not used for activities in

excess of those

necessaty to

meet the minimum

rec~uirernentsof TitleXVJof theAct (Section

57.5(a)

of

the

Act

and 35

ill.

Adm.

Code 732.606(o)).

Based on the inforniat.ion submitted to date, the above costs

are

unreasonable. Before

the costS

can

be justified, each individual analyses performed must

be broken out

separately.

When alt tests

are

lumped together, the illinois EPA cannot determine

if

the rate and/or amount per analyses is reasonable.

HAC:JD\0 10347-bi1ling,pack~2

---

-

!

~

ILUNOIS

ENV~RONMENTALPROTF.CTIONAGENCY

1021 No~r~

G~r~o

AVE.~LtJ~

EAST,

P.O.

l3o~

19276.

S~JNCF~ELO.

1u.:NQtS

62794-9276

JAM~5

~.

THO~.p~)N

CEt~tR,I 00 WES~R,~r~oo~’ii,

SUITL

1

1.300..

CHJCACD,

IL

60&)~

Roo

R.

BL~GOIEvIcH,GcNE~NOR

R~NE~

Cp~I,~No,

DI~EC~o~

217/782-6762

OCT

0

8

2003

WEWS.

LP.

Attn:

.Rocco Martino

70 WestMadison Street, Suite 5710

Chicago, Illinois 60602

Re:

LPC~03l60O55~7--CookCoun~i

Chicago/Boye Needle

Facility

4343-4357 N~tb.

Ravenswood

LUST Thcident Number 20010347

LUST FISCAL

FILE

Dear Mr. Martino:

On July

21, 2003, the Agency sent you

a

letter

regarding the site referenced above, U~onfurther

review, an additional voucher for $26,000.00 willbe prepared for submission

to

the Comptroller’s

Office for

payment as funds become available.

An

underground

storage

tank owneror operatormay appeal this

decision to

the Illinois PollWion

Control Board

(Board) pursuant to Section 57.8(i) and

Section 40 of

the illinois Environmental

Protection Act,

An. owner or operator who seeks

to

appeal the Agency~s

decision may, within 35

days after the notificatIon ofthe final Agency decision, petition for a hearingbefore the Board;

however,

the

35-day

period

may

he extended

for a period oftime not to

exceed 90 days by written

notice provided to

the. Board from the

app hcant and the Agency within the

3

5-day initial appeal

period.

Forinforniatior. regarding the filing ofan appeal. please contact:

Dorothy Gtmn,

Clerk

illinois Pollution

Control Board

State ofillinois Center

100 WestRandolph, Suite

11-500

Chicago, Illinois 60601

312/8 14-3620

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

~

.‘.j.

~

‘

.~4.

~

~

i~4:~r~i.

fL~1

-

:HI~

:.~t~I

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st.,

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(4

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---

--.--

~—---~-

Page 2

flhinois Environmental Protection Agency

Di~dsioriofLegal

Counsel

j()~

North Grand Avenue East

Springfield. Illinois

62794-9276

217/Th2-.5544

If

you

have any questions, please contact

Jason

Donnelly of

Harry Chappel’s staff at

21 7/782-6762~

Sin~r~ly,

,,

/_•

Dot~g~s

F.

Oakley, Manager

(

LUSTClaims Unit

Planning & Reporting Section

Bureau ofLand

DF.O:LH:ct\03914.doc

cc:

Pioneering Engineering Environmental Services, Inc.

---

-

~

Attachment

A

Technical Deductions

Re:

LPC

#031605567

—

Cook County

Chicago/William

Wright

Ltd., Partnership

4343

North Ravenwood

LUST Incident No. 20010347

LUST

Fiscal File

Citations

in

this attachment

arefrom

and the Environmental Protection Act (Act) and 35 Illinois

Administrative Code

(35

El. Mm. Code).

Item ~

Description of Deductions

542,1352.00,

deduction for costs which are unreasonable as submitted.

(Section 57.7(c)(4)(C)

of the Act

and

35

ill. Adm.

Code 732.606(hh))

The above deduction is associated with Field Technician

and

Project Engineer costs that were.

unreasonable for operation and maintenance (O&M)

of

the free product recovery system.

$1,657.50,

deduction for costs associated with demurrage charges.

(Section

57,7(cX4)(C)

of

the Act and 35 Ill. Adm.

Code 732.606(nn)). In addition, these costs chat lack supporting

documentation

(35

111. Adm.

Code 732.606(gg~).Since there is

no supporting documentation

of costs, the

Illinois

EPA cannot determine that costs were not used for activities

in excess of

those necessary to meet the minimum requirements of Title XVI ofthe Act (Section

57.5(a)

of the Act and

35111.

Adm.

Code

732.606(o)).

The proper invoices must

be submitted if the above costs were for actual

loading of free

product.

3

$165.75

action for handling charges in the billing(s) exceed the handlIng

charges

set forth

in

Section .57.S(f~of the Act.

Handling charges are eligible

for

payment only if they are equal to

or less

than the amount determined by the following table (Section 57.8(f) of the Act and

35

Ill. Adm.

Code

732.607):

Subcontract or

Eligible

Handling Charges

Field Purchase Cost

as

a Percentage of Cost

50-55,000

12

S5.00-$t5,000

$600

+

10

ofamount

over 55.000

$15,00J-550,000

$1600+8

ofamount overSl5.000

$50,001 -SI 00,000

54400

+

5

ofamount

over

$50,000

SI00,00l-$l,000,000

$6900

+

2

o1~mounE

over $100,000

HAC:JD~’O

10347-biUing.pack#3 .A

---

A11~ACHMENT

B

SUB CONTRACTOR INVOICE

---

invoice

LABORATQ~JES,INC.

Invoice Number~

011412

invoice

Date:

7/i0,~1

1

450

S4thStreetSW

~

Grand

Rapids,

MI

~

Pag

Numbet~

I

Phone:

616.538-8700

I

Fax:

616.538-9055

ç

~

Federal

1.0.

38-3441920

.

-

$cIrJ

To’

V~

~

Ship

Ta.

Pioneer En*onrnantal, Inc.

~

02

Chicago

IL

60822

~

Chicago,

IL

80622

fTIA’1H

CLIeM No~

~T~II~I

~

.

100

007950

Ter

Net300ays

1.5LateFsa

Project Managel

Ship

od:

~tr

~amon

Davra

Fax(MaiI

Sample

Received

Due

Date:

8~9J01

Quantity

Test

Requested

Unit Puce

Amount

3 SAMPLES

FROM

WM. E.

WRIGHT

1

HEAT OF COMSUSTION (ETU)

.

80.00

80.0C

I

CHLORiNE

25.00

25,OC

3

~F001

-

P002

SOLVENTS,

P003

PU)

&

VOLATILE

SOLVENTS,

P004

382.00

1~14S.0(

5OLV~NT8,

F005

PlO

&

VOLA11LE

SOLVENTS

3

FLASH

POINT

25.00

75.0(

3

TCLPMETALSANALYSES-

LOW’LEVEL

152.00

456.OC

2

PAINT

FILTER

.

15,00

30.00

3

POLYCHLORINATED

BIPHEI’4YLS

60.0Oj

180.00

3

TOTAL PHENOLS

50.00

3

p1-I

.

10.00

30.0C

3

REACTIVITY

lAS

INTERACTION

WITh WATER

60.00

iao.oc

3

REACTIVE SULFIDE

40.00

120.04

3

SPECIFIC

GRAVITY

45.00

135.0C

3

TCLP

LEACHATEMItALYSIS

FOR

SEMI-VOt.ATILES

230.00

3

:TCLP

LEACHATE ANALYSIS FOR

VOLATILES

180,00

540.OC

3

TOTAL CYANIDE

45.00

135.01

3

TOTAL

SOLIDS

25,00

75.0~

3

TOTAL SULFIDE

40,00

120.0(

3

TOTAL ORGANIC HALOGENS

~0.0C

270.Qt

Thank You for

Your

Patronag&

Subtotal

4,417.00

Sales

Tax

Total

Invoice Amount

$4,417.00

Payment ReceIved

0.00

Check No:

TOTAL DUE

$4,417.00

~Y4~L~

in

‘hgarwii,”~of

~neaI,..ejc~

---

~

AUACHMENT C

SUMMARY OFPIELD NOTES

---

007950

Wm.

E.

Wrigil

4343

North

Ravenswood

Ave.

Chicago,

IL

Summary

of Availabla

Fold

Notes

Engineer

F;eld

Tech

Dale

0~M

Dsscrip~on

Hours

Hours

1

21h/02

Measure DIP ~r:tank.

6

P.eplace/adjust

valves

at

RW..4.

Adjus~pumps.

Check/drain passive baiter

assembl~e.s.

1

2/9/02

Tack almost ~uIl.

7

Schedule

Vac

Truck

event.

Check/ad~ust

pumps.

Adjust

pumps.

Replace/adjust vaives

at

RW-4.

12/11/02

OiW

separator not

operational.

10

Adiust

0/W

separator discharge.

Check(adjust

pumps.

Filter/regulator

leakir.g

at

RW-4.

Order replacement

regulator.

Pump at RW-6 leaking into discharge -adjust.

1

2/1

2/02

Vac

Truck

Event.

1

0

Appro~.

350 gal

in tank

(20 gal

product)

Pump

out

tank

and product

tank.

Remove alt pumps.

Install

all

drop pipes.

Vac

total

of

2286

gallons.

1

211

6/02

Measure DTP/DTW in

all

walls

1

0

Remove

all

drop pipes.

lns~aIlall

pumps.

Restarl

and

adjust pump

heights.

Check

operation of

all

pumps.

1

2/1 8/02

Document

recovery

levels.

1

0

Replace filter/regulator at RW-4.

Pump

RW-6

has

water in discharge vent.

Disassemble RW-6 pump.

Leak in internal

discharge

tine.

Repair

RW-6

internal

tubing.

Reiristail

RW-6 and

check

operation.

Check/drain

passive

bailer assemblies.

Change pump timer.

1

2/1

9/02

Document

recovery

rates.

$

Develop

passive

bailer wells to

allow

Cap Install.

Install

vacuum

breaker on

discharge trap of

01W

Separator.

12/2

3/02

Check ooeration

of

all

pumps.

6

Clean

discharge

valves

as necessary.

12/27/02

Measure Product thickness and move pumps.

6

Skim

epprox.

5 gal

product from

OiW

Separator.

Clean/drain

passive bailer assemblies.

---

-

-—

~

——

~

.-:—--—-——~--

~

00795D

Wm.

E.

Wright

4343

North

Raveriswood Ave.

Chicago,

IL

Summary

of Available Field Notes

1

2/30/02

Measure prduct lhickness

in

separator.

7

Msasure

Product thickness.

Adjust

pumps.

Repair

detective AW-lo

discharge valve.

Check/drain passive

baiier

assemblies.

1/2/03

Vac.

Truck

event.

1 0

9.25

Approx.

350 gal

in

tank

(10

gai

product)

Remove all

pumos.

Install

all

drop

pipes.

Vac.

total

of

1991

gallons.

i /13/03

Measure

DTP/DT\W

in all wells

8

Aensiall

all

pum~s& check coeration.

Drain/check a~l

passive bailers.

1/9/03

Check

operation

of

all

pumps.

1

0

7

Adjust

pumps.

Rernovefctean/reinstall check

valve at

RW-4.

Hepiaco check valve at

RW-6.

Check/drain passive bailer assemblies.

1/15/03

Measure

product

in

0mW

Separator.

1

0

Check operation

of

all pumps..

Adjust

pumps.

Cleai pi.rnip at

RW-4,

Check/drain

passive baHer

assemblies.

1)16/03

RW-8

is fouled

with

iron bacteria.

10

Attempt

well

surge/purging.

Order

anti-biofouling agent.

Check/adjust

pumps.

1/20/03

Check/adjust

pumps.

I

0

Disassemble RW-6 pump.

Clean

valves

in

RW-6.

Check/drain passive bailer assemblies,

Appox.

7

gal

product

in

0/W

Sep.

1/22/03

Chock/adjust

pumps.

1

C)

7

Two

regulators seized due

to

cold

temp.

RW-6 pump discharge

Is frozen.

Add

LBA

to

RW-~.

Develop & surge RW-8.

‘1/23/03

System frozen

on

arrival.

4

5

Heat discharge and air

lines.

‘1/27/03

fnslaU

portable

heater.

5

7

Atcempt

to

restart

system.

1/29/03

Start

heater.

10

Oothaw

frozen discharge lines.

Heal ladividual well heads with heat

gun.

Attempt

to

restart

system.

---

007950

Wm.

E.

Wright

4343

North

Ravenswood

Ave.

Chicago,

IL

Summary of Ava~labieField

Notes

Pumped

discharge

begins

in some wells.

1/30/03

Heat

lank,

5

Restart ~ystern.

Remove

ice

from

tank.

Five pumps

o

eratng properly

on

completion.

1 / 3 1/03

All

pumps

brought

into operation.

t

0

6

Sample

MW-B, 9,

10.

Check

operation of pumps.

Adjust

pumps

2/5/03

Dethaw fr~zondischarge

line.

10

Dethaw

RW-6

and it

discharge

lines.

Restart

system.

Check operation

of

pumps.

Adjust

pumps.

2/7/03

Dethaw RW~6

and

11

dIscharge

lines.

10

6

Check operation

of

pumps.

Adjust

pumps.

2/1 0(03

Dethaw

RW-6 arid

11

discharge

fines.

1

0

S

Check operation

of

pumps.

Heat

0/W Separator.

Dethew discharge line.

Heat

all

pumnpe.

2/1

3/03

Dethaw

all

pump

discharge lines.

10

Dothaw

01W

Separator,

Northern

pumps

fully

operational.

2/14/03

Dethaw

P1W-S and It

discharge tines.

1

0

6

Restart

system.

Dethaw

0/W

Separator.

Adjust pumps.

Remove

ice

from

tank.

Repair

broken

discharge hoses.

Order tank heater

(or

0/W

Separator.

NJ pumps

brought

into operation.

2/18/03

Dethaw

0/W

Separator.

10

Restart

system.

Check operation

of

pumps,

Adjust

pumps.

2/1 9103

Install

tank heater.

1

a

Check

operation

of

pumps.

Adjust pumps,

Heat

tank to

temp which dethaws

ice.

2/21/03

Vac.

Truck

event.

7

9.25

Approx.

350

gal

in

tank

(20 gal

product~

Rec’iave all

pumps.

Install

all

drop

pipes.

Vac

total

of

1500

gallons.

---

007950

Win.

E.

Wright

4343

North

Ravenswood

Ave.

Chicago,

lL

Summary

of

Available Field Notes

2/24/0

3

Measure DTP/DTW

in

all wells

1 0

ReiristaU

al: pumps.

Dethaw

~~mpdischarge lines.

Adjust

pumps.

Check operation of

pumps.

2/25/03

Dethaw

five

frozen

pump discharge liriea.

1

0

Adjust

pumps.

Check ooerat~onof pumps.

RW-3

filter/regulator

not

tunctioning.

2/26/03

D&haw all

pump discharge lines,

6

Restart

system.

Check

operation of

pumps.

2/28/03

Deihaw

pumps

RW~6

and

11,

10

Compressor tails

to cycle

properly.

Troubleshoot

compressor

&

order parts.

Shut system

down

to

prevent

failure.

3/3103

Install

compressor

switch

&

filter/regulator.

9.25

315103

Dethaw

P1W-B and

11

discharge

lines.

10

Check operation

of pumps.

Adjust

pumps.

Dethaw

0/W

Separator.

3/7/03

Check operation ot

pumps.

6

Clean exterior check valves.

Adjust

pumps.

3/1 1/03

Dethaw compressed air

lines.

a

Dethaw pump discharge lines,

Check operation of

pumps.

Adjust

pumps.

3/I

2/03

D&haw RW-6

and

11 discharge

tines.

6

Dethaw

01W

Separator.

Check operaton

of

pumps.

Adjust

pumps.

3/1 3/03

Repair/clean

RW~11pump.

8

3

Check

operation

or

pumps.

Adjust

pumps.

3/1 7/03

Approx.

350

gal

in

tank

(20

gal

product)

7

Compressor tails

to

cycle properly.

Compressor motor draws excessive current.

Order

new

compressor.

Check operation of

pumps.

Adjust

pumps.

3/1 8/03

Pickup/Install

new compressor.

Restart

system.

Check

operahon of pumps.

Adjust

pumps.

Replace

detective

pressure guage

at

RW-6.

---

0079 SD

Wm.

E.

Wright

4343

North

Raveriswood Ave.

Chicago,

IL

Summary

of

Availalle Field Notes

3/19/03

Check operation

of

pumps.

4

Check

comnpres5or operation.

3/25/03

Approx~~00g~l

in

tank (20

gal

product)

6

Check operation

of

pumps.

Adjust

pumps.

Clear:

check valves on

AW4 1.

Check/drain

pasafve

recovery

cardslers.

3/27/03

Vac.

Truck event.

5

•10.5

Approx.

400

~alin

tank ~20gal

product)

Remove all

pumps.

Install ~il drop

pipes.

‘Treat

PW-9

with

LBA.

Surge

well.

3/31/03

Measure

DTP/DTW

in

alt

wells

8

5.5

Reinstall

alt

pumps.

Adjust

pumps.

Check operation

ol pumps.

‘Treat

RW4J

with IRA.

Surge well.

4/3/03

Check

operation

of

pumps.

6

6

Adjust

pumps.

flemove pump at

RW-1 1.

MjusVcleari

valves

in

RW-l 1

pump.

Check/drain

passive

recovery canisters.

4/4103

Chec~operation of

pumps.

8

6

Adjust pumps.

4/8/0.3

Check operation

of

pumps.

6

6

Adjust pumps.

4/1 0/03

Check

operation

of

pumps.

1

0

8

Adjust

pumps.

Treat RW-8 with L9A.

Surge

well.

4/11/03

Check

operation of

pumps.

8

2.5

Adjust

pumps.

4/28103

Check operation of

pumps.

10

10.25

Adjust

pumps.

Adjust/clean valves

in

RW.4

pump.

Treat

RW-9

with

LBA. Surge well.

Check/drain

passive

recovery

canisters.

4/30/03

Check

operation of

pumps.

6

8

Adjust

pumps.

Clean

check valves

on

RW-4.

5/1/03

Check operation of

pumps.

10

11

Treat RW-8

& RW-~

with

LBA.

Surge wells.

Shut

system down

to

document

product.

5/5/03

Measure DTP/DTW

in all

wells

1 0

20.25

Check operation

of

pumps.

Dissassable

RW-2

pump and clean.

---

007950

Wm.

E.

Wright

4343

North Ravenswood

Ave.

Chicago,

IL

Summary

of

Available Field Notes

AdjusI

pumps.

SiS/03

Check operation

of

pumps.

10

10

Adjust pps.

Replace nrokeri well

riser

at

RW-3.

5/~/03

Check operation

of

pumps.

a

Adjust

piimps.

Cliecki~rainpassive

recovery

canisters,

5/1 2/03

Check operation

of

pumps.

10

1 2

Adjust

pumps.

1rea~RW-8 &

RW~9

with

IRA.

Surge

wells.

5/1 5/03

Check operation

of

pumps.

1 0

1

2

Adjust

pumps.

Drain

condenser water.

Shut

system

down

to

document

product.

SI

9/03

Moasura

DTPID7W

in all

wells

1 0

11.2 S

flainstrall ail

pumps.

Check operation

of

pumps.

Adjust pumps.

Sf20103

Check

operation

of pumps.

8

3

Adjust pumps.

Reclace well

riser

at

AW-1

1

and MW-I.

5/2

1 /03

Check operation of

pumps.

8

Adjust

pumps.

Check/drain

passive

recovery

canisters.

5/23/03

Check

operation

of pumps.

1 0

1 4

Adjust pumps.

5/27/03

Check

operation of

pumps.

8

8

Adjust

pumps.

5/28/03

Check operation

of

pumps.

8

9

Adjust

pumps.

Switch

pump locations.

---

ATTACHMENT

3

December

18, 2003

Illinois Environmental Protection Agency Final Determination Letter

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH GRAND

AVENUE

EAST,

P.O. Box 19276,

SPRINGFIELD,

ILLINOIS

62794-9276, 217-782-3397

jAMr,s

R.

THOMPSON

CENra,

100

WtSi

RANI3OLI~H,

SurrE 11-300,

CHICAoo,

IL 60601,

312-614-6026

Roo

R.

BIAGOJEVICH,

GOVERNOR

RENEE

CIPRi,~No,

DIREcTOR

217/782-6762

CERTIntD MAIL

70&Q

~

DEC

1 8

2003

ViEWS, Li?.

Attention:

Rocco Martino

70 WestMadison Street,

Suite

5710

Chicago, IL

60602

Re:

LPC #03 16005567

—

Cook

County

Chicago/BoyeNeedle Facility

4343-4357 NorthRavenswood

LUST

Incident Number

20010347

LUST FISCAL FILE

Dear Mr. Martino:

On

July

21,2003,

the Agency sent

you a

letter regarding the site referenced above.

Upon further

review, an additional voucher

for $3,267.00

will be prepared

for

submission

to the

Comptroller’s

Office for payment as

funds

become available.

An underground storage

tank

owner

or

operator may appeal

this

decision

to the Illinois Pollution

Control Board (Board)

pursuant

to

Section 57.8(i) and Section 40

of’ the Illinois

Environmental

Protection

Act.

Anowner

or

operator

who

seeks to appeal

the

Agency’s decision

may, within

35

days after thenotification ofthe

final Agency decision, petitionfor a hearing before the Board;

however, the

35-day

period may be

extended for aperiod

oftimenot

to exceed

90

days

by

written

notice provided to the Board from the applicant

and

the Agency

within the 35-day initial

appealperiod.

For information regarding the filing ofan

appea~

please contact:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

State ofillinois Center

100

West

Randolph,

Suite

11-500

Chicago, Illinois 60601

•

312/814-3620

Roc~roiw

—4302

Noilh

Main

Street,

Roth~rd,

IL 61103— (815)

987-7760

•

Dts

PLAINES

—9511

W. Harrison St.,

Des

Plaines, IL 60016— (847) 294.4000

ELGIN

—595

South

State,

E1&n,

IL 60123 —(847)608-31St

•

PEC*IA

—5415 N.

Unlveri.ity

St., Peoria,

IL 61614— (309) 693-5463

uugt.’~u

or

LAMO

-

PEOmA

•7620 N.

University St.,

Peoriu,

IL

61614 —(309) 693-3462

•

CHMWAIUN

—2125 South

First Sweet, Champaign,

IL 61820 —(217) 278-5800

Snarjc,riEW —45005. Sixth

Street

Rd.,

5prin~Vletd,

IL

(i2706 —(117) 786-6892

•

COLLINSVILLt

—

2009

MalI Sheet,

Collinsville, IL

62234 —(618) 346-5120

MARION

—

2309W. MainSt., Suite

116, Marion,

IL 62959 —(618) 993-7200

PRINTED ON

RccYabc3

PAnS

---

-

-:

:-~sL:

-:

--

-

—

Page 2

For

information regarding

the

filing

ofan extension, please

contact:

illinois

Environmental

Protection Agency-

Division ofLegal Counsel

1021

North Grand Avenue East

Springfield,

illinois

62794-9276

217/782-5544

Ifyou have

any

questions, please contact Jason Donnelly ofHarry Chappel’s staff or

myself

at

217/782-6762.

Sincerely,

Dou$s B. Oakley,

Manager

LUST

Claims

Unit

Planning &

Reporting

Section

Bureau

of

Land

DEO:LH:jlc\030157.doc

Attachment

cc:

Pioneer

Engineering and Environmental Services, Inc.

---

-~

AttacbmenLA

Technical Deductions

Re:

LPC

#031605567

.-

Cook County

Chicago/William

Wright

LUL, Partnership

4343

North Ravenwood

LUST Incident No- 20010347

LUST

Fiscal

File

Citations

in this attachment are

from

and the Environmental

ProtectioL)

Act (Act)

and

35

flhin~is

Administrative

Code

(35

111. Adm. Code).

Item #

Description

ofDeductions

1.

$42,852.00, deduction

for costs which are unreasonable as

submitted.

(Section

57.7(c)(4)(C)

of the Act

and

35 fit. Adm. Code 732.606(hh))

The

above deduction is associated with Field Technician and

ProjectEngineer costs thar were

unreasonable

for operation

and maintenance (O&M) ofthe

free

product recovery system.

HAC:JD\0

10347-billing.pack#4.A

---

ATTACHMENT 4

February

5,

2004 Illinois Pollution Control Board Order

---

ILLiNOIS POLLUTION CONTROL BOARD

February

5,

2004

BOYE NEEDLE FACILITY,

Petitioner,

V.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

)

)

)

PCBO4-128

(UST Appeal)

)

(90-Day Extension)

)

)

)

ORDER

OF THE

BOARD (by J.P. Novak):

On

January

26, 2004, the

parties timely filed a joint notice to extend the 35-day period

within which Boye Needle Facility may appeal a December 18, 2003 determination ofthe

Illinois Environmental Protection Agency

(Agency).’

See 415

ILCS

5/40(a)(

1) (2002);

35

Ill.

Adm.

Code 105.402,

105.406.

Because the

postmark

date ofthejoint request is within the time

for filing, the joint request

was

timely filed.

35 Ill.

Adm.

Code 10l.300(b)(2), 105.404.

The

Agency approved petitioner’s request for reimbursement from the UST Fund, with

modifications,

for Boye Needle

Facilitys’

leaking underground petroleum storage

tank

facility

located at 4343-4357

North

Rávenswood, Chicago, Cook County.

The Board extends the appeal

period until April 22, 2004, as the parties

request.

See

415 ILCS 5/40(a)(1) (2002); 35

Ill.

Adm.

Code

105.406.

If Boye Needle Facility fails to file an appeal on or before that date, the Board

will dismiss this case

and

closethe docket.

IT IS

SO

ORDERED.

I, Dorothy M.

Gunn,

Clerk of

the

Illinois Pollution Control Board, certif~’

that the

Board

adopted the above order on February

5,

2004, by a vote of4-0.

‘Pioneer

Engineering

& Environmental Services filed with

the Board on

January

20,2004,

a

copy

ofits request to the Agency on behalf ofBoye Needle

Facility

for an extension ofthe

35-

day

filing period.

Dorothy M.

Gunn,

Clerk

Illinois Pollution Control Board

---

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

WEWS, L.P., WITH RESPECT TO

)

THE BOYE NEEDLE FACILITY,

)

)

Petitioner

)

)

v.

)

PCB 04-128

)

(UST

APPEAL)

ILLINOIS

ENVIRONMENTAL

)

PROTECTIONAGENCY,

)

)

Respondent

CERTIFICATE OF SERVICE

I, the undersigned, certify that I have served

the attached APPEARANCE

and

PETITION

FOR

APPEAL

OF

ILLiNOIS

ENVIRONMENTAL

PROTECTION

AGENCY

DETERMINATION

REGARDING UST

FUND

REIMBURSEMENT

AND

HEARING by U.S. Mail, upon the followingpersons:

Division ofLegal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box

19276

Springfield, Illinois

62794-9276

SeanW.Be

ark

for Greenberg Traurig, LLP

Date:

April

22, 2004

Sean W. Bezark

GREENBERG TRAURIG, LLP

77 West Wacker Drive

Suite 2500

Chicago, Illinois

60601

(312) 476-5027

\\chi-srvO 1\228075v01

---

RECE~VE

D

CLERK’S OFFICE

BEFORE

THE ILLINOIS POLLUTION CONTROL

BOARD

APR 222004

STATE OF ILLINOIS

Pollution Control Board

WEWS,

L.P., WITH RESPECT TO

)

THE BOYE NEEDLE FACILITY,

)

)

Petitioner

)

)

v.

)

PCB 04-128

)

(UST APPEAL)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent

APPEARANCE

I hereby file

my

appearance

in

this

proceeding,

on behalf of Petitioner,

WEWS,

L.P. with respect to

the Boye Needle Facility.

Sean

W. BezØ

for Greenberg Traurig, LLP

Sean W. Bezark

GREENBERG TRAURIG, LLP

77

West Wacker Drive

Suite 2500

Chicago, Illinois

60601

(312) 476-5027

\\chi-srvO 1\228074v01