BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE OF FILING
John Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box
19276
Springfield, Illinois 62794-9276
RECE~VED
CLERK’S OFFICE
OCT
2
112004
STATE OF ILLINOIS
Pollufion Control Board
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
1021
North Grand Avenue East
P.O. Box
19274
Springfield, Illinois
62794-9274
PLEASE TAKE NOTICE
that
on October
20, 2004,
filed with the Clerk of the Illinois
Pollution
Control
Board
of the
State
of Illinois
an
original,
executed
copy of a
Petition
for
Review ofIllinois Environmental Protection Agency Decision.
Dated:
October 20, 2004
Carolyn S. Hesse
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)
357-1313
206394v1
Respectfully submitted,
Robert and Tony Thompson
By:
~
On~
ofIts
Attorneys
ROBERT AND TONY THOMPSON,
)
)
Petitioner,
)
v.
)
PCBO5-___
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
TO:
IThis filing submitted on
recycled paper
as defined in
35
III.
Adm; Code
1O1.202J
CERTIFICATE OF SERVICE
I,
on
oath
state
that
I
have
served
the
attached
Petition
for
Review
of
Illinois
Environmental Protection Agency Decision. by placing a copy in an envelope addressed to:
John Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box
19274
Springfield, Illinois
62794-9274
from
One North Wacker
Drive,
Suite
4400,
Chicago, Illinois,
before the hour of 5:00
p.m.,
on
this
20th
Day of October, 2004.
f\f~~:~
Carolyn S. Hesse
This
filing submitted on recycled paper as defined in 35
ilL
Adm. Code
101.2021
2
RECEIvED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OCT
202004
OF THE STATE
OF ILLINOIS
STATE
OF ILLINOIS
ROBERT AND TONY THOMPSON,
)
Pollution
Control
Board
)
Petitioner,
)
v.
)
PCB 05-
/d~
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISIONS
Robert and Tony Thompson,
by their attorney,
Carolyn S. Hesse ofBarnes &
Thornburg,
pursuant
to the Illinois
Environmental Protection
Act,
415
ILCS
511
et. seq.
(the “Act”) and 35
Illinois
Administrative
Code
Section
105.400
et.
seq.,
hereby
appeals certain
decisions
by
the
Illinois Environmental Protection Agency (the “Agency”).
1.
Robert
and
Tony
Thompson
(“Thompson”)
are
the
owners
of property
located
at
4th
and
Jefferson,
Cairo, Alexander
County,
Illinois.
The site
had
underground
storage
tanks
(“USTs”)
on
the
property,
which
stored
gasoline.
2.
LUST
Incident
Number
20020881
was
obtained
following
a
site
investigation and LPC #0030055049
was assigned.
3.
On
May
19,
2004,
the
Agency
received
Thompson’s
Site
Investigation
Completion
Report
and
a
Corrective
Action
Plan
to
remove
the
contaminated soil identified in the Site
Investigation Completion Report.
jThis filing submitted
on recycled
paper as
defined in 35
III.
Adm. Code
101.2021
4.
The Agency
approved the Site Investigation Completion Report (“SICR”),
which
delineated
the extent of contamination in
a letter dated
September
13, 2004, a copy ofwhich is attached hereto as Exhibit A.
5.
The
Agency
denied
the
work proposed
in
the
Corrective
Action
Plan
(“CAP”)
to
remove the contaminated
soil
as delineated
in
the
SICR in
a
letter
dated
September
15,
2004,
a
copy
of which
is
attached hereto
as
Exhibit B.
6.
Thompson is appealing this September
15,
2004 denial.
7.
Thompson
disagrees
with
the
Agency’s
decision
and
believes
that
the
work described in the
CAP
are reasonable
corrective action
activities
and
are
necessary
to
meet
the
minimum
requirements
under
the
Act
and
implementing regulations.
8.
The
Agency’s
letter
denying
the
CAP,
Exhibit
B,
provides
no
further
explanation of the
Agency’s
reasons
or
bases
for
denial
that
could
aid
Petitioner
in
setting
forth
its
grounds
of
appeal.
Nevertheless,
the
Agency’s denial is a final decision that Petitioner must appeal to the Board
in order to
preserve and enforce Petitioner’s right to
reimbursement under
the UST Fund.
IThis
filing
submitted
on recycled
paper as defined
in
35
III.
Adm.
Code
101.2021
2
WHEREFORE, Robert and Tony Thompson respectfully requests that the Board
enter an
order
ordering the Illinois
Environmental
Protection Agency
to
approve the
Corrective
Action
Plan and for their attorneys’ fees and costs in bringing this appeal.
Respectfully submitted,
Robert and Tony Thompson
-~
By:
~
—~
One of Their At~torneys
Carolyn S. Hesse, Esq.
Barnes
& Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
2422 15v1
IThis filing
submitted on recycled paper as defined in 35 III. Adm. Code
101.2021
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276,
21
7-782-3397
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE 11-300,
CHICAGO,
IL
60601,
312-814-6026
ROD
R.
BLAGOJEVICI-I,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED MAIL
71102
31.50
0000
1113
659~
Robert Thompson
R.R.
1
Cairo,
IL
62914
Re:
LPC #003 0055049
--
Alexander County
Cairo/Big
Tony’s Lounge
U.S. Route 37
LUST Incident No. 20020881
LUST Technical
File
Dear Mr. Thompson:
/
SEP1142004
/
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the
Site Investigation
Completion Report (report) submitted for the above-referenced incident.
This report, dated May
19, 2004, was received by the Illinois EPA on May 19, 2004.
Citations
i~i
this letter 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 determined that the requirements of Title XVI ofthe
Act have been
satisfied (Sections 57.7(a)(5)
and 57.7(c) ofthe Act and 35
Ill. Adm.
Code
732.503(b)).
Therefore, the report is approved.
Pursuant
to Sections 57.7(b)(2) and
(3)
and 57.12(c) and
(d) of the Act and
35111. Adm.
Code
732.100 and 732.105, the Illinois EPA requires submittal ofa Corrective Action Plan and budget
within ninety (90) days from the date ofthis letter to:
Illinois Environmental Protection Agency
Bureau ofLand
-
#24
Leaking Underground Storage Tank Section
1021
North Grand Avenue
East
Post Office Box
19276
Springfield,
IL
62794-9276
Please note that the Illinois EPA does not require the submission of a budget if the owner or
operator does not intend to
seek reimbursement from
the Underground Storage Tank Fund.
RocoO~
-1302
NorIh
Main
Street, Rock(ord.
6. 61103
—(815)
967-7760
•
DO
PLAINES
—9511
W.
Harrison
SI.,
Des
Plaines,
II.
—595 Soulh
State,
E)gin,
IL
60123
—
(847) 608-3131
•
PEOs~,s-5415
N.
Universily
St.,
Peoria,
IL 61614
—
(305
Bux~..oj
OF
I
AND
-
pcosIA
—
7620
N.
University
SI.,
Peoria,
IL 61614
—
(309) 623-5462
CH,wI’AICN
—
2125 South
First
Street, Champai~
SPFSNCFIELD
—
4500
S. Sixth
SIred
Rd., Springheld,
IL 62706— (217)
786-6892
COLLINSV!LLE
—
2009
Ma)) Street,
Coflinsvi)Ie,
IL
2309
\‘V.
Main
SI.,
Suile 116, Marion,
IL 62959 —(618) 993-7200
PrINTED
ON
RLCYCLED
P.~’EE
EXHIBIT
Page
2
Please submit all correspondence
in duplicate and
include the Re: block shown at the beginning
of this letter.
If you have any questions
or need further assistance, please contact Chris Covert at 2 17/785-
Thomas A.
HI
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau ofLand
TAH:CC\
cc:
CW3M Company,
Inc.
Division File
Sincerely,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
5,
~
1 021
NORTH
GRAND AVENUE
EAST,
P.O.
Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9276.
217-782-3397
JAMES
R.
THOMPSON
CENTER,
100 WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL
60601, 312-814-6026
RoD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED MAIL
~
f~~$
7002 3150
00110 1113 7322
Robert Thompson
R.R.1
Cairo,
IL
62914
Re:
LPC #0030055049-Alexander County
.
Cairo/Big Tony’s Lounge
•~~L-~~ 2004
4th
&
Jefferson
LUST IncidentNo. 20020881
~
LUST Technical File
Dear Mr. Thompson:
The Illinois
Environmental Protection Agency (Illinois
EPA) has reviewed the Corrective Action
Plan (plan) submitted for the above-referenced incident.
This plan, dated May
19, 2004,
was
received by the Illinois EPA on May 19,
2004.
Citations
in this
letter 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 plan and
the associated budget are rejected for the reason(s) listed below (Sections
57.7(b)
and 57.7(c)(4) ofthe Act and 35
Ill. Adm.
Code 732.503(b)).
The plan is rejected for the following reason(s):
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‘.
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~
DdSCQ opOfl
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Ifle
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)U’-t,
cU1u
IUILIiOS
review ofthe
Site Investigation Status
Report dated August 7, 2004
and Site Investigation Plan
dated January
13,
2003, the Agency has determined that the proposed plan exceeds the minimum
requirements for remediation as set forth by Public Act 92-05 54, and 35
Illinois Administrative
Code (35 Ill. Adm.
Code).
According to
analytical results presented in
the Site Investigation
Completion Report, no contamination was present in any of the soil borings advanced
at the
site.
The
Site Investigation Status Report indicated that contamination was present in three (3) grab
samples tai~en
from the former tank bed floor and the island pumps.
The Agency has determined
that analytical results from
3
grab samples doe~not adequatelyjusti~’
the removal of 935
cubic
yards ofsoil.
The plan budget is rejected for the following reason(s):
The budget must be associated with an approved plan.
—4302
North
Main
Street,
Rockford,
IL 61103
—
(815) 987-776t)
•
Dts
PLAINES
—9511
W.
Harrison
SI.,
Des Plaines,
IL
ELCIN
—595
South
State,
61gm,
IL 60123
v.1847)608-3131
•
PEORS\
—5415
N.
University
St.,
Peoria,
IL 61614.— )30~
BL,dI,,OI.~
LAND
-
PEOKIA
—
7625)
N.
University
St.,
Peoria,
IL
6164
—(3119)
693-5462
•
CHAMPAIGN
—2125
South
First Street,
Charnpai,
—
4500
S. Sixth
Street
Rd., SpringIie(d,
IL 62706
—
(217)
786-6892
COLL!NSVILLE
—
2009
MaIl
Street,
CoHinsvflle,
IL
6
6I,\ItIoN
—2309
W. Main
St.,
Suite
116, Marion,
IL 62959 —(618) 993-7200
EXHiBIT
L~.
L,
..J
PRINTED ON
RECYCLED
PAPISt
Page 2
Pursuant to
Sections 57.7(b) and 57.12(c)
and (d) of the Act and 35
Ill.
Adm.
Code 732.100 and
732.105, a plan
andlor budget must be
submitted within ninety (90) days of the date of this letter
to:
Illinois Environmental Protection Agency
Bureau ofLand
-
#24
Leaking Underground Storage
Tank
Section
1021
North
GrandAvenue East
Post Office Box
19276
Springfield, IL 62794-9276
Please submit all correspondence in duplicate
and
include the Re: block shown at the beginning
ofthis letter.
An underground storage
tank
system owner or operatormay appeal this decision to the Illinois
Pollution
Control Board.
Appeal rights are attached.
If you have any questions or need further
assistance, please contact
Chris
Covert at 217/785-
Thomas A. Henninger
Unit
Manager
Leaking IJnderground Storage TankSection
Division ofRemediation Management
Bureau ofLand
TAI-I:CC\
Attachment:
Appeal Rights
cc:
CW3M Company,
Inc.
Division File
Sincerely,
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) ofthe Act by filing a petition
for a hearing within 35 days after the date ofissuance ofthe final decision. However, the35-day
periodmay be extended for aperiod of time not to exceed 90 daysby written notice fromthe
owner or operator and the IllinoisEPA within the initial 35-day appeal period.
If the owner or
operatorwishes to receive a 90-day extension, a written request that
includes a statement ofthe
date the final decision was received, along with a copy of this
decision, must be
sent to the
IllinoisEPA as soon as possible.
For information
regarding the filing of
an appeal, please contact:
Dorothy
Gunn,
Clerk
.
.
.
...
,Y,.
.
Illinois Pollution Control Board
.
.,
State ofIllinois Center
.
2
2004
100 West
Randolph,
Suite 11-500
-
Chicago, IL 60601
~.
—,1,—,/oi
I
~ia/O1’E-~
For information regarding the filing ofan extension, please contact:
Illinois Environmental Protection Agency
DivisionofLegal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
217/782-5544
