RECE WED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S OFFICE
ILLINOIS STATE TOLL HIGHWAY
AUTHORITY (Lincoln South HPCAP/B)),
)
Petitiofler,
)
)
)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
To:
Renee Cipriano, Director
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794
John Kim, Esq.
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794
PLEASE TAKE NOTICE that on Mays~, 2004 we filed with the Clerk of the Illinois
Pollution Control Board the originals and nine (9) copies each, via personal delivery, of 1)
Appearance of Special Assistant Attorneys General and 2) Petition for Review of Agency
Modification of Budget for High Priority Corrective Action Plan for Des Plaines South for
filing the above-entitled cause, copies ofwhich are attached hereto.
Kenneth W. Funk
Special Assistant Attorney General
)
)
v.
MAY 1 0 200k
STATE OF ILLINOIS
PollutiOfl ContrOl Board
PCB
-
04-141
)
(UST Appeal)
- 179522.1
CERTIFICATE OF SERVICE
The undersigned hereby certifies that true and correct copies ofthe Notice ofFiling, together
with copies ofthe documents described above, were served upon the above-named Respondent by
enclosing same in envelope addressed to said Respondent, certified mail, return receipt requested,
and by depositing said envelopes in a U.S. Post Office Mail Box at Chicago, Illinois, with postage
fully prepaid on thejo±J...day ofMay, 2004
Kenneth W. Funl4
Special Assistant~AttomeyGeneral
Kenneth W. Funk, Esq.
Phillip J. Zisook, Esq.
Karen Kavanagh Mack, Esq.
Special Assistant Attorneys General
225 W. Washington Street, Suite 1700
Chicago, IL 60606
(312)346-1460
THIS FILING IS SUBMITTED ON RECYCLED PAPER
- 179522.1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~RECE~VED
ILLINOIS STATE TOLL HIGHWAY
)
CLERK’S OFFICE
AUTHORITY (Lincoln South HPCAP/B)),
)
MAY 1 U 2004
Petitioner,
)
STATE OF
ILLINOIS
)
Pollution
Control Board
v.
)
PCB-04-141
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)~
Respondent.
)
APPEARANCE
I, Kenneth
W. Funk, hereby file the appearance of Deutsch, Levy & Engel, Chartered in
this proceeding on behalf ofthe Illinois State Toll Highway Authority.
Kenneth W. Funk
/
Special Assistant Att~rneyGeneral
Kenneth W. Funk, Esq.
Phillip J. Zisook, Esq.
Karen Kavanagh Mack, Esq.
Special Assistant Attorneys General
225 W. Washington Street
Suite 1700
Chicago, IL 60606
(312) 346-1460
Firm No.
90235
- 179522.1
CE~VE~
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY
10 2004
ILLINOIS STATE TOLL HIGHWAY
)
STATE OF ILLINOIS
AUTHORITY (Lincoln South HPCAP/B)),
)
Pollution
Control Board
)
Petitioner,
)
)
v.
)
PCB-04-141
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)
Respondent.
)
PETITION FOR RE
VIEW
OF AGENCY MODIFICATION OF HIGH PRIORITY
CORRECTIVE ACTION PLAN AND BUDGET
Petitioner, the Illinois State Toll HighwayAuthority (“ISTHA”)by its attorneys,Kenneth W.
Funk, Phillip J. Zisook, and Karen Kavanagh Mack, as Special Assistant Attorneys General,petitions~
the Illinois Pollution Control Board, pursuant to 415 ILCS
5/57.7(c)(4)(D),
415 ILCS
57.8(I)
and
415 ILCS 5/40, for review of the final determination of Respondent, the Illinois Environmental
Protection Agency (the “Agency”), dated January 6, 2004, with respect to Petitioner’s High Priority
Corrective Action Plan and Budget, relating to its Lincoln Oasis South facility, and in support
thereof, states:
1.
ISTHA is the owner ofthe facility, including underground storage tanks and related
piping, commonly known as the Lincoln Oasis South located at milepost 1.1 on Southbound
Interstate 294 in South Holland, Illinois.
2.
In 1994, Wight and Company, on ISTHA’s behalf, notified the Illinois Emergency
ManagementAgency that gasoline, diesel and waste oil target analytes were detected above the Tier
I Remediation Objectives, to which the IEMA assigned Incident No. 94-1818.
- 179522.1
3.
On or about September
5,
2003, ISTHA submitted a High Priority Corrective Action
Plan (“Plan”), including a Budget, to the Agency; and, on or about January 6, 2004, the Agency
respondedby materially modifying both the Plan and the Budget (the “Final Determination”). A true
and complete copy of that Final Determination is attachedhereto as Exhibit “A”.
4.
On or about January 27, 2004, ISTHA contacted the Agency by letter, and advised
the Agency that it contested the Agency’s modifications and requested a 90 day extension ofthe 35
day appeal period pursuant to §40 ofthe Environmental Protection Act. (415 ILCS
5/40(a)(1).)
5.
On or about February 10, 2004, the Agency filed a request before the Board
requesting a 90 day extension of the 35 day appeal period.
6.
On or about February 19, 2004, the Board grantedthe Agency’srequest and extended
the period within which Petitioner may file its appeal through and including May 11, 2004.
7.
On April 14, 2004, ISTHA, the Agency approved ISTHA’s corrective action
completion report and issued a No Further Remediation Letter. A true and complete copy ofthe No
Further Rernediation Letter is attached hereto as Exhibit “B”.
8.
While ISTHA acknowledges the Agency’s No Further Remediation Letter (“NFR
Letter”), ISTHA accepts the NFR Letter with the reservation that ISTHA not be precluded from
appealing the Agency’s Final Determination of January 6, 2004 concerning the Corrective Action
Plan and Budget.
9.
ISTHA requests that the Board reverse the Agency’sFinal Determinatioriwithrespect
to its modification ofthe Lincoln Oasis South Corrective Action Plan and Budget, because
inter alia,
the Plan and remedial activities described therein are necessary and appropriate for the protection
ofhuman health and the environment and do not exceed the minimum necessary requirements ofthe
2
- 179522.1
Act or the regulations promulgated thereunder. Additionally, the Budget included investigation
costs, analytical costs, personnel costs, equipment costs and handling charges that were necessary
and reasonable to execute the approved Plan.
10.
With regard to the Plan, the Agency stated the following:
(1)
Additional information needsto be provided concernk~g-freeproduct’recovery
if product continues to be encountered at the site.
(2)
The owner/operator needs to clarify whether or not all of the incidents
reported at the site are to be addressed at the same time.
(3)
It is not acceptable to model the extent of contamination to surface water
quality standards. Tier 2 calculations should be based on Class I groundwater
objectives. All modeled off-site exceedences based on a Class I groundwater
designation must be addressed.
(4)
Tier2 migration to groundwater objectives should not be calculated basedon
soil inhalation and ingestion objectives.
(5)
All existing monitoring wells should be sampled six months after excavation
activities are completed to determine contaminant levels and verify that Tier
2 objectives will be met.
(6)
The Owner/Operator Property Summary form included in the submittal was
•
for a different site.
On behalf ofISTHA, Wight and Company submitted additional information to the Agency
on February 20, 2004, in response to the Agency’s comments regarding the Plan. Wight and
Company responded that:
(1)
Any free product had been removed on or before December 20, 2000; no
free product was detected during the UST removal in September of2003.
(2)
The remediation activities would address all ofthe incidents.
3
-179522.1
(3)
Equation R26 modeling can be used in accordance with the Tier 2
Groundwater Remediation Objectives in 35 Ill. Adm. Code 742.805 to show
that the concentration of any contaminant of concern in groundwater
discharging into a surface water will meet the applicable water quality
standard under 35 Ill. Adm. Code 742.805.
(4)
The Tier 2 Remediation Objective for the migration to groundwater for
Benzene and Toluenewere calculated independentlyofthe soil inhalation and
soil ingestion routes. Using the methods in the Plan, the calculated values of
the Migration to Class I Groundwater for Benzene and Toluene were
determined to be less stringent than those established for the Ingestion or
Inhalation Route forIndustrial/Commercial or Construction Worker standard.
Therefore, the site would be remediated to the Ingestion orInhalation Route
for Industrial/Commercial or Construction Worker standards, the more
stringent ofthe remediation objectives.
(5)
The existing monitoring wells will be sampled six months after the
excavation.
(6)
Wight and Company attachedthe correct Owner/Operator Property Summary
Form to the February 20, 2004 correspondence.
11.
ISTHA also appeals the Agency’s modifications to the Budget that found that
investigation, analysis, personnel and equipment costs were unreasonable. ISTHA asserts that the
costs for those categories were required to develop the Corrective Action Plan.
12.
ISTHA further appeals the Agency’s modifications to the Budget that seek to
apportion ISTHA’s corrective action costs. The Agency’s bases for apportionment were that (a)
ISTHA was deemed eligible to access the LUST Fund for payment of corrective action costs for
some, but not all of the USTs at the site; and (b) ISTHA failed to justify that all costs were
attributable to each eligible UST at the site. However, on information and belief, the amount of
contaminants from the eligible USTs exceeded the amount the Agency approved as eligible for
apportionment by the Agency. Additionally, ISTHA demonstrated that the corrective action costs
it incurred were attributable to the eligible USTs at the site. Accordingly, ISTHA’ s budget
4
-
179522.1
information provided to the Agency sufficiently demonstrated the costs that were necessary and
reasonable to execute the approved Plan, and the Agency erroneously apportioned ISTHA’s
corrective action costs. Therefore, the Agency’sdecision to apportionthe costs should be reversed.
13.
ISTHA reserves the right to present additional grounds for reversal ofthe Agency’s
determination, as they appear during the course of this Appeal.
WHEREFORE, the Petitioner, the Illinois State Toll Highway Authority, respectfully
requests that this Board grant a hearing in this matter, reverse the Agency’s January 6, 2004
determination (modification) of ISTHA’s High Priority Corrective Action Completion Plan and
Budgetfor Lincoln Oasis South, and remandthis matter to the Agencywith instructions to approve
the Budget as aforesaid, and for any other relief as the Board deems just and appropriate.
•
Respectfully submitted,
THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY
One oftheir atto4ieys
Kenneth W. Funk, Esq.
Phillip J. Zisook, Esq.
Karen Kavanagh Mack, Esq.
Special Assistant Attorneys General
225 W. Washington Street, Suite 1700
Chicago, IL 60606
(312) 346-1460
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
-
179522.1
61/69/2004 10;55 636—271—75b~
IyLLWMY L~ML u~ri
I,.’—
ILLINOIS.
ENVIRONMENTAL PROTECTION
AC~NCY
1021 NORTH GRAND AVENUE EAST,
P.O.
Box 19276,
SPitiNcriab,
ILLINOIS 52794L9276, 217-782-3397
JAMES
R.
THOMPSON CENtTER, 100 WEST RANDOLPH, SUITE 11-300, CHtc~co,IL 60601, 312-S14-6026
ROD K. BLACOJEVICH, GOVERNOR
RENEE
CIPRIANÔ, DzctEc-roR
CERniauD MALL
7002 3150 0000 1227 S2~0
minois
State Toll tlighway Authority
Attentiom Steve Cifflen
2700 Ogden Avenue
Downers Grove,
Illinois.
60515
Re:
LPC#0312975141
—CookCounty
South Holland
I
Lincoln Oasis
1-294, East Bound
LUST IncidentNo. 941818
LUST
Technical
Pile
Dear Mr. Gullen:
• The Illinois Envir mñental Protection
Agency
(Illinois
EPA)
has reviewed the High Priority
Corrective Action Plan (plan) submitted for the above-referenced meident This plan, dated
September 5, 2003F was
received by the
Illinois EPA
on
Septeniber 10,2003- Citations in this:
letter are from the Enviro±imentalProtection Act (Act) arid 35 Illinois Administrative Code
(35
III.
Acm.
Code).
Pursuant
to Section
57.7(e)(4)
ofthe Act
~nd
35
LU. Ada
Code 732.405(e), the
plan
is
modified.
The following modifications are
necessary,
in addition to those provisio~tsalready
outlined
in the
plan,
to demon~tratecompliance with Title XVToI th~Act
and 35111. AcIm.
Code 732:
1. Additional
information
needs to be provided concerning
free
product recovery
if
Foduct
cOntinues to be encountered at this site.
2. The owner/operator needs to clarify whether or not all of the incidents
reported
at the subject
site are to be addressed at the same time.
3’. Please note
that
it is not acceptaMe to model the extent of contamination to surface water.
quality standards. Tier 2 calculations should be based on Class I groundwater objectives.
All
modeled off-site exceedences based on a Class 1 groundwater
designation
must be addressed.
4. Tier 2 migration to groundwater objectives should not be calculated based on soil inhalation
and
ingestion objectives.
ROCYSORD —4302
North
Main Street, Rockford, IL 61103
—
(Si 5)
—
595 South
State,
Elgin, IL 60123
—
(847) 60
BUREAU OF
LAND -
PEOR~s
—
7620 N. Univer~iry5~.,
Peorig,
II 61614—
SPRINOnELD —45005. Sixth
Street
Rd,, Springfield, a 62706— (2
MARION
—
23Q9 W. Mat
w-
Harrison St., Qe~
PUdnes,
IL
60016—
(847)
294-4000
er.cItySt.,
Peoria, IL 61614 —(3051) 693-5463
~125South First Street, Charnpan, II. 61620 .-(217)27~-ssoo
009 MalI Street, ColIinsvilIe, IL 62234—(615) 346-5120
(618) 993.7200
217/782-6762
JAN06 2004
EXHIBIT
b
A
JAN. 09 ‘04 (FRI) .09:55
Un r4c(45
PAGE. 2
011651
2004, J.tJ:bb
biU—2(i—ItD~
JUL-LWMT
I.s~~jn_ ill_i I
. . .-—
-.
Page2
.
.
.
5. All
existing monitoring wells should be sampled six months after excavation activities are
completed to
determinecontaminant levels and verify
that Tier 2 objectives
will
be met.
6..
The Owner/Operator Property
Summary
font included
with
this snbApittal was
for a
different
site.
Please note that all activijies assoôiated with the reme4iation
of
this releas~
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 budget forthe HIgh Priority C recthcre .Aption:Plari is nsodifledpttrsüant to
Section 57+7(c)(4) ofthe Act and
35111,
Ada
Code732.405(c). Basecion’the
modific~tIons.
listed in Section 2
of
Attachment
A, the
amountsJisted
in Section 1 of
Attachment
A ate
approved.
Please note th.t
the costs must be
incurred in accordance with
the approvedplan. Be
aware that the
amount of reimbursement may
be
limited
by Sections 57.8(e), 57.8(g)
and
57.8(d)
ofthe
Act, aswell as
35111.
Ada
Code 732.604, 732.606(s),
and
732.611.
Please
note that,
if the owner or operator agrees with the flhinois EPA’s
moØi.flcations, stibmittal
of ai~
amended plan and/or budget, if applicable,
is not required (Section
51.7(c)(4)
ofthe Act
and
35
m. Mm. Code 732.503(1)). Additionally, pursuant
to
Section
57.8(a)(5)
ofthe Act
and,
35111. Adut Code
732.405(e),
ir reimbursement will
be
sought for any additional
costs that m~
be
incurred as a
result of the Illinois EPA’s modifications, an
amended
budget
must
be submitted.
NOTE:
Amended plans and/or budgets must be submitted and approved prior to the issuance of
a No Further Remediation (Nfl) Letter. Costs associated
with
a plan
or budget that have not
been approved
prior to the issuance ofan NFR
Letter
will not be reimbursable.
All future correspondence must
be submitted to:
:
Illikiois 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 show at the
beginning
of this letter.
.
An underground
storage tank system
Owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal
tights
are
attached.
JAN.09 ‘04 (FRI) 09:55
COMMUNICATION
Na:25
PAGE.
3
011
tIW2WW4 ,JM:bb
bit3—ZfL—lOD~
iut.a...wn, L..L~arft. s.i.a u
PageS
.
If yOu have any questIons, or neeil further assistance, please contact Melind’a Friedel,
P.E. at
217/782-6762.
.
.
Sincerely,
7i/7~~LQ27e0a~~
Michael
T. Lowder
Unit Manager
Leaking Underground Storage’Fank Section
Division of Remedlation Management
Bureau
of
Land
Attachment: Attachment A
Appeal Rights
cc:
Mary Kruk /
Wight & Company
Divisioi Fild
.
.
.
JAN. 09 ‘04 (FRI) 09:56 COMMUNICATION No:25 PAGE. 4
2004
10: 55,
530—271—7559
I t-flJL~
L~.j, ~
Re:
LPC
#0312975141
--
Cook County
South Holland
I
Lincoln Oasis
X-~294,
East
Bound
LUST
Incident
No. 941818.
LUST
Technical File
IULLWP,Y Lt.t~qL i~r-’i
Attachment A
Citations in
this attachment are from
the
Environmental
Protection Act (Act)
and 35 Illinois
Administrative
Code
(35
JR Adm. Code).
SECTION
1.
.
.
.
.
As a
result
of the hii~o~sEPM modification(s) in
Section 2 ofthis Attachment A, the following
amounts are4proved:
.
SECTION :2’
$209,076.18
for an
adjustment
in investigation, analysis,
personnel, equipnint costs, field
i3urcbases
and handling
charges. The illinois EPA has detemiined that these costs are not
reasonabld
as submitted (Section 57.7(c)(4)(C) of the Act
and
35
Itt. Adm.
Code
732.
606(hh)).
One of the overall goals of the financial
review
is to
assure that costs
associited
with
materigtls~activities, and services are reasdnable
(35.111.
Adm.
Code
732,505(c)).
Please note that additional information and/or supporting documentation may
be
provided
to
demonstrate the costs are reasonable.
Investigation costs
—.
$12,534.00 (adjustment made
based on borings
for
site classification activities that were not previou~lyapprdved; approvabl&
amounts were also exceeded)
Analysis costs
--
$6, 182.00 (adjustment made based on costs for site
classification activities, costs associated with bioremediationanalyses,
and
approvablo amounts were exceeded)
Personnal costs
--
$17,520.00 (excessive
hours
for the work being
performed)
.
Equipment costs
--
$7,092.00 (~xcessive
tjme
charged
for
the work to be
perfonned and approvable amounts were exceeded)
Field purchases/other
—
$162,133.00 (allowable
axnouztt exdeeded
for ice
and
disposable g1oves~
$128,443
-
above the allowable rate for excavation
and
backfill activities.
$33620
-.
above the allowable rate for pavement
removal/replacement activities.)
Handling charges
—
$3,615.18 (adjustment made based on previous cuts)
$2,083.33
$8,682.50
$13,850.00
$4,461.67
$284,949.58
$7,949.05
Investigation costs
Analysis Costs
Personnel Costs
Equipment Costs
Field
Purdhascs and
Other Costs
Handling Charges
JAN.09 ‘04 (FRI) 09:56 COMMUNICATION Na:25 PAGE. 5
a1/Q9/2004, 10:55
630—271—7559
IULLWMY LC.UML
JJC.rU
Page 2
2.
.
$450,766.57
for an apportionment of costs. The
Illinois
EPA
has determined
that the
apportionment shall
be based on seven ofthe twelve liSTs listed for
this
site were deemed
ineligible
for
reimbursement
(35.
ifi.
Ada
Code 732.608(b)). The illinois EPA may
apportion payment
of’costs for
plans submitted under, Seôtion
57.7(c)(4)(E)(iii) of the Act
if: (1) the owner or operator
was
deemed eligible to access the
Fund
for
payment of,
coinctive action costs
for some, but not all, of
the underground storage tanks,
at
the
site;
and (2) the owner or operator
failed
tojustify all costs
attributable
to each underground
storage tank ‘at the site (Section 57:8(m) of the Act
and
35
JIlL Mm. Code 732.608).
JAN, 09
•
04 (FRI) 09:57 COMMUNICATION No:25 PAGE.
6
011,0912304, 10:55
53U2F1—(bb~
IULLWMY LflUML
iJtri . ‘
..
•
-‘~is-
Appeal
Rights
‘
An underground storage
tank
owner or operator may appeal this .final decision to the
illinois
Pollution Control Board pursuant
to
Sections’
40
and
57.7(c)(4)(D) of the Act by
filing apetition’.
for a hearing within
35
days after the thte of
issuance of the final decision. However, the 35—day
period
maybe extended for a period of
time
not to exceed90 days by
written
notice
from the
owlaer oroperator and
the’
Illinois
EPA within the initial
35-dat
appeal period,,
If the owner or
operator wishes to receive a 90-day extension, a written
request that includes a statement of the
date the final decision was received, along with a copy ofthis decision, must be sent to the
Illinois
EPA
as soon as possible.
..
, .
.
For information retarding the filing ofan appeal, please contact:
Dorothy Gunu, Clerk’
.
.
Illinois Pollution Cont~olBoard
“
,
,
State ofIllinois C~nter
100 West Randolph, Suite
l1-SOQ
Chicago, IL.
60601
312/814-3620
‘
For
information
regarding the filing of an extension, please contact:
JlUxnois Environmental
Protection Agency
Division of
Legal
Counsel
, ‘
‘
“
‘
‘
1021 North Grand Avenue East
‘Post Office Box 19276
Springfield, IL” 62794-9276
217/782-5544
‘
JAN. 09 ‘04 (FRI) O9;57 COMMUNICATION No:25 PAGE. 7
:t By: Tera Byte,Ltd.;
630 969 7520;
Apr-19-04 11:52AM;
Page 2
illinois State
Toll
Highway
Authority
AtIn:
John
Wagner
2700
Ogden Avenue
DownersGrove,1L60515
Re~ LPC
#03106~5373
---Cook County
Des Plaines/Des Plaines Oagis (Des Plaines South)
Northwest
ToUway (1-90), East Bound, Mile Post
4.5
LUST
In~ide~t
~o. 941812 & 20021210
LUST
Technical File
Dear Mr. Wagner
ILLINO1S
ENVIRONMENTAL PROTECTJON AGENCY
1021
NOR1H
Giw.~oAvrNtj~EAST.
P.O.
Box
19276,
SpRlNcruto,
JJNOi~62794-9276, 217-782-3~97
JAMES R. THOMPSON CtNTrR, 100 WEST RANDOLPH, Suirr
11-300,
CHic~O,IL 60601. 312-814.6026
ROD
R.
BLACOIEVICH,
GOVERNOR
RENEEC~PRIANO.
D~R~cToR
2171782-6762
CERT1i~’IkUMAIL
70023150 W~0fl
1257
iI~45__
Back to top
APR ~4 ZOO~5
Back to top
AFR ~
~
The
Illinois Environmental Protection
Agency (illinois
EPA) has reviewed
the
Corrective
Action
Completion
Report
Addendum submitted for
the above-referenced
incident
This information
is
dated
January
14,
2004
and
was received
by the
illinois EPA
on
January
20,
2004~
Citations in this letter
are from theEnvironmental Protection Act
(Act)
and
35
illinois Administrative Code
(35111. Adm.
Code).
The High Priority Corrective Action Completion
Report and associated
Professional
Engineer
Certification indicate
corrective action
for the above~referenced
sitewas conducted in accordance
with the
Corrective Action Plan approved by the Illinois EPA.
The
Corrective Action
Completion
Report demonstrates that
the
requirements
of
Section
57.7(c)(l)(E)
of
the
Act and
35
111. Adm. Code
732.4O9(a)(Z) have
been satisfied.
Based upon the cercitication. by
Jinan;Yan,
a Licensed Professional Engineer,
and
pursuant to
Section
57.10 ofthe Act
(415
ILCS ~/57,.lO),your
request
for a no further remediation
determination
is
granted
under the conditions
and terms
specified in this
letter.
Issuance ofthis No
Further R,nmodjation Letter (Letter), based
on the
certification
of the
Licensed
Professional Engineer, signifies
that:
(1) all statutory
and
regulatory corrective action requirements.
applicable to
the occurrence
have
been
compiled with; (2)
all corrective action concerning the
reniediation of the
Occurrence has been
completed;
and
(3) no further
corrective action
concerning the
occurrence
is necessary
for
the protection of
human health, saf~ty,,
and the environment.
Pursuant
to
Section
57.10(d)
~f
the
Act,
this
Letter shall apply in favor of thefollowing
parties:.
1.
illinois State
Toll Highway
Authority, the owner
or
operator
ofthe underground storage tank
system(s).
~
4302
North Main St,eet, R~dJod,U. &1
103 —(011
1
W.
11arri~or’St.,
~ PlaIrie~,IL 00016 —(847)
~I4-4VUO
-
~9SSouth
5z~t~,
Elghi, IL £0123
—
4847)6
~r~ity51,, Peoria, IL 61614— (309)
f~93.546S
~c
LANO - P~ot~
—
7620 N.
Univi~rsity
St.,
Peoil.a,
IL 61614
-
2125
South
Fir~
Street,
Champaign. 11
61820 —
(2 7j
2711—5800
Sp~lNGnt1D
—
45005.
Suth Str~tRd.1 Springficld, IL
62706 .~-
009
MaIl Slre~t,
CollInsvlIIe,
IL
62234
—
(610) 346-51 ~0
MaRioN —2309W.
(618)
993.7200
-~
Sy: Tora Byte,Ltd.;
630 969 7520;
Apr-19-04 11:52AM;
Page 3
Page 2
2.
Any parent co~orationor subsidiary of such owner or
operator.
3.
Any co-owner or
c&operator,
either by joint
tenancy, right~-ôf-survivorship,
or any otherparty
sharing
a
legal relationship, with’
the owner or operator towhom the
Letter
is issued.
4.
Any holder ofa
beneficial
interest ofa
land trust
or inter vivos
trust
wheth& revocable or
irrevocable.
5.
Any
mortgagee
or
trustee
of a
deed
of
trust
of such owneror
operator.
6,
Any successor-in-interest of such
owner
or
operator.
7.
Any transferee
ofsuch owner or
operator
whether
the transl~rwas
by sale,
bankruptcy
pro~eeding,
partition, dissolution of
marriage, settlement
or adjudication of any civil action,
charitable gift,~
or
bequest..
8.
Any heir
or devisee ofsuch owneror
operator.
This
Letter and all attachments, including
but not
limited
to
the Leaking Underground
Storage Tank
Environmental Notice,
must be filed within
45
days of
receipt as a -singleInstrument
with the
Office
of the Recorder or
Registrar
of
Titles
in
the county
in which the
above-referenced
site is located. This
Letter
shall not be
effectivà
until officially recorded by the
C)ffice
ofthe Recorder Or
Registrar
of
Titles of the applicable
county
in
accordancewith
illinois law so it-forms a permanent
part
Of
the
-
chain
oftitl0 for the
above-referenced
property.
-Withiti~C)days o iis,.Letter being recorded,
an
accurate
and official copy
ofthis Letter, as
recorded, sha~Jbe obta ned and
submitted to
the Illinois
EPA.
For recordingpurposes,
it is
recommended
that the Leaking Underground Storage Tank
Environmental Notice
of
this
Letter be the
first
page of the
insirumnent filed.
-
CoNDmoN~ pTJ~RM
SOF ~~PR0VAL
LeVEL.
OF
REMEDIATION AND
L&r4D Us~
LIMITATIONS
1.
This
site
was classified
as High
Priority
in accordance with Section 57,7(b)(3) ofthe Act and
35 III. Adm. Code 732.304. In
accordance
with 35111. Ads.
Code
732.404(a), the owner or
operator
has
remediated or eliminated each of the
criteria
that caused the
site
to be classified
as High
Priority.
The
remediation
objectives
for
the above-referenced
site described
in the
Leaking
Underground Storage Tank Environmental Notice of this Letter were
established
in
accordance
with
the requirements of theTiered Approach to Corrective Action Objectives
(35
ill.
Ads. Code
742) rules.
-
2.
As a result of
the
release
from
the underground storage
tank system(s) associated
with the
above-referenced
incident, the above-referenced site, more
particularly described
in the
attached Leaking
Underground Storage Tank Environmental NOtice of this
Letter, shall
not be
used
in a manner
inconsistent
with the following land use
limitation:
The land use
shall be
industrial/commercial.
The
groundwater under the site shall not be used as a potable water
supply.
t
By: Tera
By.te,Ltd.;
530 960 7520;
Apr-19-04 11:53AM;
Paoe 4
Page 3
3.
The
land use
limitation specUied
in this Letter may be
revised
•if~
-
a.
-
Further
investigation
or
remedial
action has
been
conducted
that documents the
-
attainment of objectives appropriate
forthenew-lánd.use; and
-
b.
A
new
No
Further Remediation Letter
is
obtained
and -recorded i~accordance
with
Title XVII of the
Act
and regulations adopted thereunder.
-
PREV~11VE.ENG1NI~lNG1AND INSTITIrHONALCONTROLS
4.
Preventive:
Prior to commencementof
any future
excavation
and/or
consttuctipn in or
near
the
contaminated zone
of
the remediatlon site,
a
safety plan
forthis
-.
-
remediatioxt site-is rcquiredthat
is consistent with National
Institute
for
- -
-
Occupational
Safety and Health GuidanceManual forHazardous
Waste
Site
•
Activities; Occupational Safety
and
Health Administration regulations,
particularly
in 29
CFR
1910
and
1926;
state and
local regulations;
and
other
U.S.
EPA guidance as provided.
At
a minimum,
the
plan
should address
possible
worker
exposure
if any future excavation and construction activities
occur within the-contaminated
soil. The
areas
t~be addressed by
the
safety
-
plan
is
indicated
on the
attached Site
Base Map.
The groundwater
under the
site described iii
the
attached Leaking-
- -
-
Underground Storage Tank
Piivironmental
Notice
of this
Letter
shall
not be
-
used as a potable supply of
water. No
person
shall
construct,
install,
maintain,
-
or
utilize
a
potable waxer
supply
well,
In
accordance
with Section
3.65
of the
Act, ~potable”means generally
fit for
human
consumption in accordance with
accepted water
supply
principles and
practices.
Engineering: A
building that is
sufficient
in thickness
to inhibit
the
inhalation and
ingestion
of
the contaminated media
must
remain
over thc
contaminated-soil as-outlined
• in
the
attached
Site
Base
Map.
This
building
is to be
properly maintained
as
an engineered barrier
to
inhibit
inhalation and ingest-ion
ofthe
contaminated
-
media.
-
-
-
---
Institutional: This
Letter
shall be recorded
55
a
permanent part
ofthe
chain
oftitle for
the
abov~—roferencedsite,
mcre
particularly
described
in theattached Leaking.
Underground
Storage
Tank
Environmental
Notice of
this
Letter.
5.
Failure to establish, operate, and maintain
controls in
full compliance with the Act, applicable
regulations, and the approved
Corrective
Action Plan, if applicable, mayresult in
voidance
of
this
Letter.
--
-
OTHr~RTeRMS
6.
Any
contaminated
soil or groundwater
removed
or
excavated
from, or
disturbed at.
the
above-
referenced
site, more particularly
described in the
Leaking
Underground
Storage Tank
~t By:
Tera Byte,Ltd.;
•
o~u
~y
fbdu;
Apr-1~-u~
i;z~lv1~
Page4
-
-
-
Environmental Noticeof this Letter, must
be
handled
in
accordance with all
applicable laws
and regulations
under
35
111. Adm.
Code Subtitle Ci.
-
-
7.
Further information regarding
the
above-referenced
site-
can be obtained through a written
request
under the Freedom
of
Information
Act
(5
JLCS 140)
to:
-
-
llhin0is
Environmental Protection Agency
Attention: Freedom
ofinformation Act
Officer
-
BureanofLand-~#24
1021 North GrandAvenue East
Pest Office Box 19276
-
Springfield, IL
62794-9276
-
8.
Pursuant
to 35111. Adm. Code 732.704, should the Illinois EPA
seek
to void this Letter,
the
Illinois
EPA shall
provide notice to the owner
or
operator
of
the
leaking underground storage
tank system(s) associated with the above-referenced incident and
the
current titleholder
ofthe
real estate on which the tanks were located, at their last known addresses.
The notice
shall
specify
the
cause for
the
voidance, explain
the
provisions for appeal, and describe
the
facts
in
support of the
voidance. Specific acts
or omissions that may result in the
voidance-of this
•
Letter
include, but shall not be
limited to:
-
.
•
-
a
Any
violation of institutional
controi~
or
industnal/comxnercial land
use
restrictions,
b.
The
failure to operate and maintain
preventive or
engineering controls or to coinply
with any
applicable groundwater
monitoring plan;
c.
The disturbance or removal of
contamination
that
has been
left in-place in accordance
•
with the
Corrective
Action Plan or Completion
Report;
d.
The failure to comply
with
the
recording requirements
for the
Letter;
e.
Obtaining the
Letter
by
fraud
or
misrepresentation;
or
-
-
-
f.
Subsequent
discovery
of
contaminants,
not
identified as pan
of the
investigative or
remedial activities upon
which the issuance of the
Letter was based,
that pose a
threat
to human health or the environment.
Submit
an accurate and official copy of this Letter, as recorded, to:
Illinois Environmental
Protection
Agency
Bureau
of
Land—#24
Lealdng Underground Storage Tank Section
-
1021
North
Grand Avenue East
Post Office Box 19276
Springfield,
IL 62794-9276
it By: bra
Byte,Ltd.;
-
~
i~u;
ii
~
r-~.i~ -~i
Page
5
-
-
-
if
you
have
any questions
or
need further assistance, please
contact the Illinois
EPA
project manager
Steve
Jones, at
2171524-1253.
-
Sincerely,
-
--
-
-
-
•
--
-
-•-
I’Iernando
A.
Albarracin
Unit
Manager
Leaking Underground Storage Tank Sccion
-
Division of
Rernediation Management
Burea~t
of
Land
-
HAA~\1STHADesPlaines
South Oasis 941g12 & 20021210 CACR 2~doe
Attachments: Leaking Underground Storage
Tank Environmental Notice
Site Base Map
-
C:
Wight &Company
- -
Division File
t Sv-~ Tena B~yte,Lt~.;
630 969 7520;
Apr-19-04 11:53AM;
Pege 7/10
PREPARED
BY:
Name:
JohnWagner
-
-
-
- -
illinois StateToll Highway
Authority
-
•
-
Address:
Northwest
Tollway (1-90), East Bound Mile Post
4•5:
-
-
-
-
Des
Plaines, IL
-
RETURN
TO:
-
Name:
John Wagner
-
illinois
State
Toll Highway
Authority
Address: 2700
Ogden Avenue
-
Downers Grove, IL~60515
-
(THE ABOVE
SPACE FOR RECORDER’S OFFICE)
LEAKING
UNDERGROUND
STORAGE TANK
ENVIRONMENTAL
NOTICE
THE
OWNER AND/OR OPERATOR
OF
THE LEAKINGUNDERGROUND STORAGE T~K
SYSTEM(S)
ASSOCIATED wrrn TIlE RELEASEREFERENCED BELOW, WITW~4
45
DAYS OF
RECEIVING THE
No
FURTHER REMEDIATION LETFER CONTAINING-T L~14O1~CE,MUST SUBMTF TIllS NOTICE AND THE
-
REMAINDER OF THE-NO FtYR~ERREMEPIATION
LETrER
TO THE OFFICE OF -TIlE RECORDER OR
REGISTRAR OP TITLES OF
COOK CoUNTY
IN wmcn THE SITE DESCRiBED BELOW
IS
LOCATED.
ftlinoi~EPA
Number: 0310635373
LUSTlncideniNo.:
941812 and 20021210
-
-
illinois State Toll Highway
Authority,
the owner
and/or
operator ofthe leaking underground storage
tank
system(s)
associated
with the above-referenced
incident,
whose address is
2700
Ogden Avenue,
Downers Grove,
flhinois,
has performed investigative andlor remedial
activities for the
site
identified
as
follows
and
depicted
on the
attached Site
Base Map:
-
1.
Legal Description or Reference to
a
Flat Showing the
Boundaries:
That
part
of
Section
25,
Township 41 North, Bange
I
I
East of theThird Principal
Meridian in Cook County, Illinois
described as føllqws: Commencing at the Northeast Corner of the Southeast
Quarter
of said
Section
25; thence
South
88°56’37”West, on the
North line
of
the said Southeast Quarter,
403.15
feet thence North
70°37’56~West. 1165.76
feet; thence
South
65°59’5W”
West,
735.21
feet; thence
South 51
037r3
~ West. 222.39
feet
to thepoint of beginning; thence South
5l037F3l~West, 91.27
Feet;
thence South
55~53’05~
East,
253.®
feet; thence
South
-
32~4312l~t
East,
595.70
feet;
thence South 70°37’03’~’
East 280.00 feet;
thence South
I
9~22’57’~
West, 30,00 feet; thence
South 70°37’03”
East 24000 feet, thence
North
64°45’53~’
East,
165.34
feet; thence
North
65°41’l1”
East,
104.00
feet; thence North
30°53’20’~’
East,
194.60
feet; thence North S9°00’48~
East.
278.25
feet;
thei~ce
North
13049~3WV East, 69.38
feet; thence North
72°12’27’~’
West,
53.33
feet; the~ce
North 72°39”26”
West,
36.02 feet;
Leaking
Underground Storage Tank Environmental Notice
t
By.:.
Tera Byte,Ltd.;
630 969 7520;
Apr-19-04 11:54AM;
?U9CV a,iu
Page 2
thence
North
75°33’4rWest, 27.66 feet thence
North 78°04’iS”
West, 43.96
feet;
thence
North 4O04O135t~’West
5.59
feet;
thence North 70037103w West,
1445.38 feet; thence South
19°2Z’57
West.
7.29 feet thence
North
62°59’30”
West,
61.78 feet to the point of the
beginnIng.
2.
Common Address: NorthwestTollway (1-90), East Bound, Mile Post 4.5
3.
Real
Estate Tax Index/Parcel Index Number: 08-25-400-010-8002
4.
Site
Owner: illinois
State ToIl Highway Authority
5.
Land
Use
Limitation: The land
use
shall
~
industrial/commercial.
The &oundwater under
the site
shall
not be
used as a potable
water supply.
6.
See the
attached
No Further
Remediatien Letter
for other terms,
S1~THA
DesPlaines South Oasis 941812 &
20021210 CACR 24oc
Leaking Underground
Storage
Tank Environmental Notice
t By: Tore Byte,Ltd.;
630969 7520;
Apr~19604 11:54AM;
Page 9/10
5ritB&s~M~e
LPC.#0310635313
.-
CooscCóvwrr,
DES Prarm~sOAsis (DES PLAn4EsS6StE)
s~
of
• flEr*eáS
9w~tcr
