CLERK’S OFFICE

MAY

2

7

2004

BEFORE THE

ILLINOIS

POLLUTION

CONTROL

BOARD

STATE OF

ILLINOIS

Pollut~onControl Board

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

PCB No.

02-3

v.

)

(RCRA

-

Enforcement)

CHEVRON ENVIRONMENTAL SERVICES

COMPANY,

a Delaware Corporation,

Respondent.

TO:

ATTACHED

SERVICE

LIST

NOTICE OF FILING

PLEASE

TAKE

NOTICE

that

on.

May

27,

2004,

we

filed

with

the

Illinois

Pollution

Control

Board

a

MOTION

FOR

LEAVE

TO

SUPPLEMENT

STIPULATION

AND

PROPOSAL FOR SETTLEMENT a true and correct copy of

which is attached and hereby served upon you.

BY

Respectfully submitted,

LISA

MADIGAN

Attorney

General

State of

Iljjiois

Environmental

Bureau

188

W.

Randolph

St.,

20th

Floor

Chicago,

Illinois

60601

(312)

814-3532

Christo

Ass ±

sta~ttorii~—

~eneral

---

SERVICE LIST

Dorothy M.

Gunn

John A. Urban,

Civil Chief

Clerk of the Board

Will County State’s Attorney’s

Illinois Pollution Control

Office

Board

121 N.

Chicago Street

100

W.

Randolph St.,

11th

Floor

Joliet,

Illinois 60432

Chicago,

Illinois 60601

Barbara Magel

Karaganis,

White

& Magel

North Orleans Street

Suite 810

Chicago,

Illinois 60610

---

RECE~VED

CLERK’S OFFICE

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

MAY 272004

STATE OF ILLINOIS

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

)

POlIut~onControl Board

Complainant,

PCB No.

02-3

v.

)

(RCRA

-

Enforcement)

CHEVRON ENVIRONMENTAL SERVICES

COMPANY,

a Delaware

Corporation,

Respondent.

MOTION FOR LEAVE TO SUPPLEMENT

STIPULATION AND PROPOSAL FOR SETTLEMENT

NOW COMES the Plaintiff,

by LISA MADIGAN,

Attorney General

of the

State of Illinois,

and,

pursuant

to 35 Ill. Adm.

Code 101.500, moves

the Board for leave to supplement the Stipulation and Proposal for

Settlement,

and,

in support thereof,

states as follows:

1.

As

filed

on.

May

5,

2004,

the Stipulation and Proposal for

Settlement

(“Stipulation”)

in

this

matter

contemplated the inclusion

of

an

Attachment

D

to

the

Stipulation.

Stipulation

at

Section

VII.D.l.

Some

or

all

of

the

copies

of

the

Stipulation

filed

with

the

Board

on

May

5,

2004 inadvertently omitted the Attachment

D.

Attachment

D,

as stipulated to by the parties,

is attached to this

motion.

The Board issued an order dated May 20, 2004 directing the

Clerk of the Board to publish notice of the Stipulation.

2.

The Complainant,

therefore,

requests that the Board

supplement the Stipulation with Attachment

D,’

as attached to this

motion and that the Board modify its order of May 20,

2004 to ensure

that the public notice reflects the entirety of the Stipulation.

Counsel for the Respondent has authorized theComplainant to state

that the Respondent has no objection to this motion.

WHEREFORE,

the Complainant,

PEOPLE OF THE STATE OF ILLINOIS, by

---

LISA

MADIGAN,

Attorney General of the State of Illinois,

requests

leave to supplement the Stipulation and for a modification of the May

20,

2004 order,

as described herein.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

By~~

£~ristopher

.

zan

Assistant

to n y General

Office

of

the

Attorney

General

Environmental

Bureau

188

W.

Randolph Street,

20th

Floor

Chicago,

Illinois

60601

312

814-3532

---

Attachment D

Permit

Condition

Activity

Date

I-A.E.l

Submission of construction

certification report for CAMU

Within 30 days after

completing

construction and

prior to placement of

waste

in any of

the

5

phases of the CANU

I-A.H.5

Certification

of Closure

CANU

Within sixty

(60)

days after closure,

or by December

31,

2009

I-A.H.2

Filing of the CAMU survey plat

with the local zoning authority

or authority with jurisdiction

over local land use and records

with land titles

No later than the

date the

certification of

closure of the

CAIvIU

us submitted to the

Illinois

EPA

11.1.2;

II-A.H.2

Submission

of

ground

water

data

from

RCRA

Permit detection

monitoring program and

corrective action program

By

July

15

and

January 15 each year

the RCRA Permit

remains in effect and

requires such

submissions

I.F.1.d

Submission of LF-2

leachate

monitoring data

Semi-annually as

required by the

RCRA

Permit

I.F.2.b

Submission of LF-2 gas

management data

Annually

or

within

30

days after

occurrence(s)

identified in

Conditions F.2.a.(l)

and/or F.2.a.(2)

of

the

RCRA

Permit

IV.I.4

Submission of Effectiveness of

Interim

Ground

Water

Measures

July15 of each year

IV.I.5

Submission

of

Report

of

Interim

Ground

Water

Measures

Monitoring

Results

July

15

of

each

year

---

II-A.H.ll.a

Notify

the

Illinois

EPA

if

determination

is made that

groundwater flow

is not being

adequately controlled

Within

7

days

of

the

date that

determination

is made

IV.N.1.

Completion of corrective

measures

for

the

fourteen

investigation

areas in

accordance with approved

corrective measures plans.

Per date in approval

from

Illinois

EPA

for.

each investigation

area

Submission of Completion of

Corrective Action Report for

soils in Area 8B

September

1,

2004

Submission of Completion of

Corrective Action Report for

Soils

in Areas

4C

/

711

November

1,

2008

---

CERTIFICATE OF SERVICE

I,

the undersigned,

on oath state that

I have served on the date

of

May

27,

2004,

the attached MOTION FOR LEAVE TO SUPPLEMENT STIPULATION

AND PROPOSAL FOR SETTLEMENT,

by U.S. Mail upon the persons

on the

attached Service List.

he

P.

er

n

Dated:

May 27,

2004

---