•
BEFORE THE ILLINOIS POLLUTION CONTROL BOARP.
~ECE1V&D
CLERK’S OFFICE
PAUL JOHNSON, INC.,
MAF~
25’
2005
Petitioner,
PCB
No. 05-109
STATE OF~LLINOIS
v.
(Water Well Setbac
t1~19tb01
Board
ILLINOIS ENVI1~ONMENTAL
..
PROTECTION AGENCY anil CITY OF
WATERMAN, ILLINOIS,
Respondents.
-
NOTICE OF FILING
To:
Tom Difasio
Director of?ublic Works
Village ofWaterman
Kevin
E.
Buick
Counsel
for Village.of Waterman
Cliff, Foster, Corneille & Buick
-
I
Lynn Dunaway
•
Charles Gunnarson
Illinois Environmental Protection Agency
.
-
Public
Water Supplies.- Field Operatioii Head~piarters
•
Bradley P. Halloran
-
~•
-
Hearing Officer
.
•
Illinois Ppllution Control Board
PLEASE TAKE NOTICE thai I have today filed with the Office ofthe Clerk of
The
Illinois
Pollution Control Board the Petitioner’s
Post-Hearing Brief, a
copy
ofwhich is herewith
served upon you.
Res
y submitted,
March
25,
2005
•
—
AKER & McKENZIE
Richard M. Sain~s
•
BAKER & McKENZIE
130
East Randolph Drive,
Suite 3500
•
Chicago, Illinois
60601
•
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(312)861-8000
THIS FILING IS SUBMITTED ON RECYCLED PAPER
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‘
PETITIONER’S POST HEARING BRIEF
•
NOW
COMES
the
Petitioner,
Paul
Johnson,
Inc.
(“PJI”),
by~
‘and
through
its
attorneys, Baker &
McKenzie, and pursuant to Part
101 ofthe Board’s Procedural Rules
• (35
Ill.
Adm.
Code
§
101.612(a)),
hereby
submits
its
Post
Hearing Brief in
the above
matter.
In supp9rt hereof, PJI statesas follows:
‘.
I.
BACKGROUND
•
•
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As
expressed
in
PJI’s
Petition,
PJI
is
seeking
this
waiver
frofn
the
setback
requirements
in
Section
14.2
of the Act
to
~nable PJI
to
remediate
existing
shallow
•
groundwater contarnination~The shallow groundwatet located within the setback zone’ Of
the Waterman, Illinois community water supply well
is contaminated with hydrocarbons,
most
likely residues
from
former underground~storage
tanks (“USTs~’)u~edto
store fuel
for
vehicles.
The preferred clean
up
method
is
the use of direct
push
technology
(i.e.
Geoprobe) to
inject microbes, nutnents,
and oxygen release compound (“ORC”)
directly
into the plume ofimpacted groundwater (referred to herein as “in-situ bioremediation”-).
On
March
8,
2005,
PJI
participated in
a
heanng on
its
Petition,
along with
the
Illinois
EPA,
Village
of Waterman
and
Illinois
Pollution
Control
Board’s
(“Board”)
•
BEFORE THE POLLUTION CONTROL BOARD
• •
•
OF THE STATE OF ILLINOIS
PAULJOHNSON
INC.,
)
•
•
•
Petitioner,
•
•
)
•
)
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• •
v.
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.
•.
)
PCB No. 05-109
ILLINOIS ENVIRONMENTAL
•:
•
-
PROTECTION AGENCY and
‘
)
CITY OF WATERMAN, ILLINOIS,
)
•
)
•
Respondent.
•
•
)
REC~VED
CLERK’S OFFICE
• ~4AR
25
2005
STATE OF ILLINOIS
Pollution
Control Board
1.
•
•
‘
technical
representatiVe.
During the hearing, PJf presented its technical
consultant,
Mr.
-
•
•
Steven Swenson of Clayton ‘Group
Services,
Inc.,
to
explain and entet into
the record
•
additional
data and
materials shared
amongst the parties subsequent
to
the
‘filing of the
•
.
Petition’and to
address any questions from
the parties and/or the public.
/
As noted by the
•
hearing
officer,
Mr.
Halloran,
no
members
of the
public
were
in
attendance
at
the
-
hearing.
(March 8, 2005 T~anscriptofProceedings
(“Tr.”)at 3.)
The
Board,
through
its
technical
consultant,
submitted
a
series of qu~stion~
on
-
March
7,
‘2005,
which
Mr.
Swenson
addressed
on
the
reco~?dat
hearing.’
Pu
also
requested that
it be allowed to
provide additional information ‘in
a post
hearing brief, if
~ippropriate,in
response
to
the
Board’s questions.
(Tr. ‘at
18.)
PJI has reviewed ~the
•
hearing
transcript
and
believes
that
the
questions
raised
by
the
Board,
‘Village
of
•
‘
•
I
‘
Waterman apd
Illinois
EPA
were
addressed at hearing and
that there are no ‘otustanding
•
concerns by the parties.
To be sure, PJI offers the followingadditiona1 response to onepf
“
the Board’s questions.
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II.
RESPONSETO
BOARD QUESTION
•
.
Ope of the Board’s pre-filed questions related whether PJI had’ discussed with the
Village of Waterman
a
contingency plan
in
the
event that
the
municipal
well showed
• contamination
as
a
result of the use of i6-situ
bioremediation to
clean
up
the
existing
shallow groun~lwater’
contamination.
(Tr1 at 34.)
Mr. Swenson indicated that PJI had not
• discussed such’a
contingency
plan.
Id.
Pu
indicated
that
it would
be
willing
to take
•
reasonable additional
measures within the context of the ongoing
Leaking Underground
Storage Tank (“LUST”) clean up efforts at the
site.
(Tr. at
42-45.)
•
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PJI believes that
the Ii~elihoodof contatuinafing the municipal well ~s a rçsult of-
/
•
using
in-situ bioremediation
is- remote for~~the
reasons expressed
in
its
Petition
and
at
2•
•
•
hearing.
Namely,
the
existing
contamination ‘is
located
‘in
the
shallow
groundwater,
within• approximately
10
to
15
feet ‘of the
surface,
whereas ‘the municipal
well
draws
water
from
a depth of approximately 400 feet.
(Tr.
at 31.)
In addition, there does not’’
appear to
be a hydraulic connection between to the two aquifers, as demonstrated by
(1)
no evidence
df
hydrocarbon contamination
from
the existing municipal
well, monitoring
•
data (Tr.
at 30-31.); and (2) the lithology ofthe impacted area, which evidences a layer of
shale in between the shallow and deep aquifers
(Tr
at
15-16,
Heanng Ex
2
)i
•
Nonetheless,
to
address the
Board’s
concern,
PJI
is
proposing
as
an
additional
-
measure to
install
a monitoring well between the area ofcurrently impacted groundwater
and
the municipal
well
The
proposed monitoring
well
will allow
PJI
to
monitor the
•
•
groundwater’ quality
between
the
treatment
area
and
the
municipaLwell.
This w~u1d
•
enable
PJI
to
identify
any
‘
bioremediation
cOnstituents
that
would
migrate beyond the
•
•
treatment area prior to
impacting the municipal well.
•
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•
The
monitoring
well’
would
be
sampled
and
analyzed
for
the
presence
of
hydrocarbon degrading bacteria,
dissolved
oxygen,
ammoma, mtrate-rntnte,
and
ortho-
•
•
.‘
phosphate prior
to
the
first
treatment to establishment background ground~vater
~ua1ity.
•
Following
the
first treatment, the monitoring well would~be
sampled on a monthly basis
-
for
hydrocarbon
degrading
bacteria,
dissolved
oxygen,
ammonia,
nitrate-nitnte,
and
ortho-phosphate
for
a
period
of
three
months
following
the
final
treatment.
The
analytical results ofthe groundwater samples would be submitted to the Illinois EPA and
~theVillage ofWaterman on a mOnthly basis.
‘
I
•
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~At hearing,
the Village of Waterman engineer noted that the
Village had installed a~
new well located
approximately
1500. feet North/Northwest (andaway from the existing contamination) of the current
municipal well at issue.
According to the
Village engineer,the well
logs for this new well did not evidence
a shale layer,, but rather approximately
95
feet of clayey material between the surface and the bottom of the
well depth. ‘(Tr. at 51,
58;
Hearing Ex.
5.)
•
3
•
•
‘
PJI’ believes
this
proposed
monitoring
well
shOuld.~provide
the
Village
with
an
early sign ofpotential future impacts to the municipal well
and enable appropriate a~tions
~‘
to be taken to in advance’ df any impacts to the well.
PJI reiterates that the use ofin-situ
bioremediation is intended to
clean up existing contamination and thus any nsk posed to
the
municipal
well
from
in-situ
bioremediation
already
exists,
from
the
hydrocatbon
•
contamination
in
the
shallow
groundwater.
(Tr.
at
36.)
PJI
believes
the best way to
reduce any nsk to the Municipal Well is to clean up the contamination
•
‘‘
WHEREFORE, for the foregoing reasons, PJI
respectfully requests
the’ Board to
grant an exception from the setback requirements containe4 in Section 142 ofthe Act
•
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PAUL JOHNSON INC..
‘
•
4I~±of~AUorney~
•
•
Richard M.
Saines
•
•
‘
•
•
•
BAKER & McKENZIE
(
‘130 East Randolph Drive’
‘
•
•
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•
Suite3500’
•
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•
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•
•
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•
Chicago, Illiflois
60601
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(312) 86! -8000
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CHIDMSI/5266671
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/
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4
CERTIFICATE OF SERVICE
I, Richard M.
Saines, certify that on March
2’5,
2005, th~
attached PetitiOner’s Post-Hearing
Brief was served, by first-class mail, upon the followingpersons:
-
Tom Difasio
Director ofPublic Works
• Village of‘Waterman
•
•
215 Adams Street
-
Waterman, IL
60556
•‘
“
(815)264-3652
“
Kevin E. Buick
•
•
Cliff, Foster, Comeille & Buick
•
•
331 West-State Street
~ycamore, IL
60178
•
•
(815)264-3340
•Lynn Dunaway
•
•
•
charles Gunnarson
Illinois Enviroiimental Protection Agency
-
Public Water Supplies
-
Field Operation Headquarters
10~
1 North Grand Ave., East
•
P.O. Box 19276
-
Springfield,
IL 62794-9276
•
•
-
(217)782-1020
•‘•
•
•
:..‘
Bradley P. Halloran
•
-
Hearing Officer
•
•
Illinois Pollution Contro~J
Board
-
-
•
James R. Thompson Center, ‘Suite” 11-500
•
100 W. Randolph Street
•
Chicago, Illinois 60601’
•
-
• (312)814-8917
•
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BAKER & McKENZIE
