NOTICE OF FILING
TO:
Ms. Dorothy Gunn
Clerk of the Board
Illinois Pollution Control Board
100 W. Randolph Street
Suite 11-500
Chicago, IL 60601
~ut~on
~JA1E
OFContro’
~LUNC
Bo~.
-
PCB No.
(UST Appeal)
John Kim, Esq.
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, IL 62764-9276
PLEASE TAKE NOTICE that I have today filed with the Office of the
Clerk of the Illinois Pollution Control Board an original and nine copies of an
Entry of Appearance of Jeffrey W. Tock and Petition for Review of Illinois
Environmental Protection Agency’s Decision to Deny Petitioner’s Budget for Site
Investigation Activities, copies of which are herewith served upon you.
Respectfully Submitted
Dated: April 5, 2005
Jeffrey W. Tock
Harrington & Tock
201 W. Springfield Ave., Suite 601
P.O. Box 1550
Champaign, Illinois 61824-1550
Telephone: (217) 352-4167
WEBB & SONS, INC.,
Petitioner
BY:
Tock
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD~kY~ôFF~
WEBB & SONS, INC.,
)
)
Petitioner,
)
)
vs.
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
6 2O~5
vlb/Pleadings.jef/HDC/Webb-NoticeFiling
CL~~’S
OFFICE
~2R062005
STh\TE
OF
ILLINOIS
BEFORE THE ILLINOIS POLLUTION CONTROL
BO&BJilt~onControl Board
WEBB & SONS, INC.,
)
)
Petitioner,
))
PCBNo.O~
~—-tsc~3
vs.
)
(USTAppeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ENTRY OF APPEARANCE OF JEFFREY W. TOCK
NOW COMES Jeffrey W. Tock, of the law firm of Harrington & Tock, and
hereby enters his appearance on behalf of Petitioner, WEBB & SONS, INC., in the
above-referenced matter.
Respectfully Submitted
WEBB & SONS, INC.,
Petitioner,
By:________
/
J~f~e~
.
Tock
Dated: April 5, 2005
/ / /
Jeffrey W. Tock
Harrington & Tock
201 W. Springfield Ave., Suite 601
P.O. Box 1550
Champaign, Illinois 61824-1550
Telephone: (217) 352-4167
vlb/Pleadings.jef/HDC/Webb-EntryApp
CL.ERK’~OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL
BOARD
APR 0 o
2005
WEBB & SONS, INC.,
)
STATE OF ILLINOIS
)
Pollution Control Board
Petitioner,
)
~
3
)
PCBNo. 0
VS.
)
(TJST Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR
REVIEW
OF ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY’S DECISION TO DENY
PETITIONER’S BUDGET FOR SITE INVESTIGATION ACTIVITIES
NOW COMES the Petitioner,
WEBB &
SONS, iNC. (hereinafter “Petitioner”),
by and through its attorney’s, Harrington & Tock, and, pursuant to Sections 40 and
57.7
ofthe Illinois Environmental Protection Act (“Act”)
(415
ILCS
5/40, 5/57.7),
and
35
Ill.
Admin. Code Part 105, hereby requests review ofthe decision by the Respondent, Illinois
Environmental Protection Agency (“Agency”), to not approve as submitted the
Petitioner’s budget for Stage 2 site investigation activities. In support ofthis Petition, the
Petitioner states as follows:
1. Petitioner is the owner ofcertain property located at 1201 DeWitt Avenue,
Mattoon, Illinois, hereinafter referred to as “the Site”.
2. Petitioner is the owner of underground storage tanks (“USTs”) formerly located at
the Site.
3. Petitioner has submitted to the Agency its Site Investigation Stage 1 Completion
Report (the “Report”) dated January 18, 2005.
4. Part
5.0
ofthat Report contained a description offuture investigation needed to
delineate soil and ground water contamination (Site Investigation
—
stage 2). A
true and accurate copy ofpart
5.0
ofthe Report is attached hereto and made a part
hereof as Exhibit “A”.
5.
In conjunction with the Report, Petitioner also submitted to the Agency a Site
Investigation
—
Stage 2 Budget. A true and accurate copy ofthe Site Investigation
—
Stage 2 Budget is attached hereto and made a part hereof as Exhibit “B”.
6. By letter dated February 8, 2005, the Agency approved the site investigation plan
—
stage 2 contained in part
5.0
ofthe Report, but modified the proposed budget
(Exhibit “B”). The Agency made the following deductions from the budget:
(a) $1,500.00 for a professional survey from Other Costs as not eligible; and,
(b) $17,610.00 from Personnel Costs for lack ofsupporting documentation.
The Agency requested further justification ofpersonnel costs. (The
Agency’s letter is attached as Exhibit “C”.)
7. By letter dated February
15,
2005, Petitioner submitted justification ofsurveying
costs and a breakdown and justification ofpersonnel costs. (The Petitioner’s
letter is attached as Exhibit “D”.)
8. By letter dated February 25, 2005, Petitioner submitted a request that the Agency
reconsider its decision to modify the budget as submitted by Petitioner and
approve the budget as proposed. (The Petitioner’s letter is attached as Exhibit
9. By letter dated March 2, 2005, the Agency revised its February
5,
2005
modifications, stating that the Agency had made the following deductions:
(a) $1,500 for a professional survey from Other Costs as not eligible; and,
(b) $7,906 from Personnel Costs as unreasonable.
10. The Agency’s March 2, 2005 letter further stated that “An underground storage tank
owner or operator may appeal this final decision to the Illinois Pollution Control
Board... within
35
days after the date ofissuance ofthe final decision”. The
Agency’s March 2, 2005 letter is attached as Exhibit “F”.)
11. The Investigation of the Site requires the installation ofborings and wells on adjacent
properties. It is, therefore, necessary to identify property boundaries accurately. In
addition, the legal description for the site will ultimately be required for corrective
action completion. The only accurate and complete way to identify property
boundaries is to utilize a professional surveyor.
12. All investigations, plans and reports under sec.
57.7
ofthe Act shall be conducted or
prepared under the supervision ofa licensed professional engineer.
(415
ILCS
5/57.7.)
A Site Investigation Completion Report must be signed and sealed by a
professional engineer and must contain the following statement: “To the best ofmy
knowledge and belief, this report, supporting documents and all attachments are true,
accurate and complete.” The Professional Engineering Practice Act of 1989 states:
The use of a professional engineer’s seal on technical submissions constitutes a
representation by the professional engineer that the work has been prepared by
or under thepersonal supervision ofthe professional engineer or developed in
conjunction with the use ofaccepted engineering standards.
(225 ILCS
325/14)
This Act further states:
Signing, affixing theprofessional engineer’s seal orpermitting the professional
engineer’s seal to be affixed to any technical submissions notprepared as
required by Section 14 or completely reviewed by the professional engineer or
under the professional engineer’s direct supervision isprohibited and may result
in loss oflicense and/or civilpenalties.
(225 ILCS 325/24)
13. The Agency denied all professional engineer hours from the budget. As stated
above, a professional engineer cannot certify a technical submission that has not
been prepared under the professional engineer’s supervision and review. The
professional engineer hours are necessary to comply with the requirements ofthe
Professional Engineering Practice Act of 1989 and with the requirements ofthe
Agency.
14. All project manager hours were denied by the Agency. The project manager is a vital
part ofany project in the engineering and consulting industry. The use ofa project
manager is industry standard. Management personnel are utilized forpersonnel
scheduling, billing, technical reviews, and general project oversight. The use of
management hours is necessary to ensure a timely, cost-effective, and technically
accurate product.
15.
All work approved by the Agency in the Site Investigation Plan cannot feasibly be
completedby the number ofhours in the amended budget. Personnel costs of
$12,816 were approved by the Agency on March
5,
2004 for the previous Site
Investigation Plan work which proposed 36 feet ofsoil borings and 60 feet of
monitoring wells to be installed on-site. This averaged $133.50 per foot. The current
Site Investigation Plan dated January 18, 2005, approved by the Agency in a letter
dated February 8, 2005, proposed 132 feet of soil borings and 45 feet ofmonitoring
wells to be installed off-site. Off-site wells and borings require authorization of
adjacent property owners and city permits, which entails additional personnel hours.
A total of81 additional feet ofsoil borings and monitoring wells have been approved
by the Agency for this stage ofsite investigation which also entails additional
personnel hours. The Petitioner requested $17, 610 for personnel costs related to this
stage ofsite investigation. This averages $99.49 per foot
—
much less than previously
approved. The Agency
March 2, 2005. This cc
16. Petitioner is seeking re’~
the budget for the abov
arbitrary, capricious, an
WHEREFORE, for the
1NC., respectfully requests
relief:
1. Find that the Agenc
without statutory au
2. Reverse the Agency
3. Remand this matter
4. Award Petitioner re
this action.
5.
Award such further
Dated: April
5,
2005
Jeffrey W. Tock
Harrington & Tock
201 W. Springfield Ave., Si
P.O. Box 1550
Champaign, Illinois 61824-
Telephone: (217) 352-4167
~nlyapproved $9,704 ofpersonnel costs in its letter dated
t averages $54.82 per foot, which is not reasonable.
ew ofthe Agency’s March 2, 2005, determination rejecting
referenced costs. The Agency’s determinations are
without statutory authority.
bove and foregoing reasons, Petitioner, WEBB & SONS,
iat the Illinois Pollution Control Board grant the following
‘s March 2, 2005 decision is arbitrary and capricious, and
~ority.
s decision regarding the budget,
D the Agency with instructions to approve the budget,
~onab1econsulting fees and expenses incurred in bringing
~1iefas deemed just and equitable in these premises.
ite 601
550
WEBB & SONS, INC.,
Petitioner,
By:
Tock
EXHIBIT “A”
ENGINEERING
201 W. Springfield Ave., Suite 300
RO. Box
140
Champaign, Illinois
61824-0140
BUS.
(217) 352-6976
FAX
(217) 356-0570
January 20, 2005
James Malcom
Illinois Environmental Protection Agency
Bureau of Land
Leaking Underground Storage Tank Section
P. 0. Box 19276
Springfield, IL 62794-9276
-
RE:
Site Investigation Stage I Completion Report & Stage 2 Budget
LPC # 0290255079 - Coles County
Mattoon /Webb & Sons, Inc.
1201 DeWitt Avenue
LUST Incident No.: 931126
LUST Technical File
Dear Mr. Malcom:
The Site Investigation Stage I Completion Report and Stage 2 Budget for the referenced
site are enclosed for your review. If you have any questions or need additional
information, you may contact me at (217) 352-6976 orjason.jones@hdc-eng.com.
Respectfully Submitted,
HDC Engineering
Jason Jones
Environmental Professional
cc:
Doris Webb
file
Enclosures
Illinois Environmental Protection Agency
Leaking Underground Storage Tank Program
Site Investigation Stage I Completion Report
ENGINEERING
Site Location
Webb & Sons, Inc.
1201 DeWitt Avenue
Mattoon, Illinois
Coles County
IEMA Incident No. 20021577
931126
Prepared For
Doris Webb
1201 DeWitt Avenue
Mattoon, Illinois 61938
Prepared by
HDC Engineering
201 West Springfield, Suite 300
Champaign, Illinois 61820
Phone: 217.352.6976
Fax: 217.356.0570
HDC Project No. 01323
January 18, 2005
ENGINEERS . SURVEYORS•
PLANNERS ENVIRONMENTAL
The Agency is authorized to require this information underSection 4 and Title XVIofthe Environmental PrntcutienAot:(4:15:ILCS5/4;5/57- 57.17). Failure to disclosethis information
may result in a civil penaltyofnotto exceed $50,000.00 for theviolation and an additional civil penalty of:nottoexceed$t0,000~00foreach day dsrrvi.whichviolation-continuus-(4-15-
ILCS 5/42). Any perSonwho knowinglymakes afalse material statementorrepresentation in any label, a
e55-cocacpertt p-it~orl~cenoe-or-othorslocansoutf~iedtnaintcair.ed-or
used forthe purpose ofcompliance withTitle XVI commitsaClass4 felony. Any second orsubsequent offense-afterconviction hereunderisa Class 3 felony (415 ILCS 5/57.17). This
form hasbeen approved by the Forms Management Center.
illinois Environmental Protection Agency
Leaking Underground Storage Tank Program
LUST Technical Form Cover Page
IEMA Incident #: 20021577/931126
TEPA LPC# (10-digit):
0290255079
Site Name: Webb & Sons. Inc.
Site Address (Not aP.O. Box): 1201 DeWitt Avenue
City: Mattoon
County: Coles
ZIP Code: 61938
Please indicate below the type ofplan/report that is being submitted to the illinois EPA at this
time. Thisform must be attached to allplans and reports submitted to the illinois EPA pursuant
to 35111. Adm. Code 731, 732 and/or 415 ILCS 5/57-57.17. Please check all that apply.
20 Day Certification
______
45 Day Report
______
Free Product Removal Report
Owner/Operator Summary
______
Election to Proceed Under Title XVI
______
Initial
Amended
Submittal Submittal
Site Investigation Plan
______
______
Site Investigation Budget
/
______
Site Investigation Completion Report
1
______
Site Classification Plan
Site Classification Plan Budget
Site Classification Completion Report
Groundwater Monitoring Plan (Low Priority)
Groundwater Monitoring Plan Budget (Low Priority)
Groundwater Monitoring Results (Low Priority)
Corrective Action Plan
Corrective Action Plan Budget (HighPriority)
Corrective Action Completion Report
Professional Engineer Certification
Other(specif~’)_____________________________________
IL 532 2369
--
.-
.
LUST Technical
Form
CoverPage
LPC
533
Rev. June 2002
Site History
~
3
Site Description
3
Site Investigation Results
3
3.1 Soil Investigation Activities
3
3.2
Groundwater Investigation Activities
4
3.3 Groundwater Elevation and Flow Direction
5
3.2 Groundwater Flow Velocity
5
3.3 Vapor Investigation Activities
5
3.4 Community and Potable Well Survey
6
3.5 Surface Bodies of Water
6
4.0 Discussion of Subsurface Investigation
..~..
6
5.0 Future Investigation
6
Appendices
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
HDC Engineering
Project No. 01323
Site Investigation Report Form
Site Map
Soil Boring Logs
Monitoring Well Construction Diagrams
Laboratory Reports and Chain-of-Custody Forms
Analytical Results Table
Hydraulic Conductivity Test Data
1.0
2.0
3.0
Results of Subsurface Accesses Survey
Sampling Location
PID Reading (ppm)
storm sewer inlet (southwest corner of DeWitt and 12th St.)
1.6
storm sewer inlet (southeast corner of DeWitt and I 2th St.)
1.9
storm sewer inlet (northeast corner of DeWitt and 12th St.)
1.3
storm sewer inlet (northwest corner of DeWitt and ~12thSt.)
1.6
The PID readings do not appear to indicate elevated vapors due to the Site.
Additionally, to our knowledge, no petroleum vapors or odors have been reported in any
nearby buildings or utility conduits since the original report of the release.
3.4
Community and Potable Well Survey
The Illinois Environmental Protection Agency (IEPA), Bureau of Water, Division of Public
Water Supply, Illinois State Geological Survey (ISGS) and Illinois State Water Survey
(ISWS) were previously contacted to identify all community water supply wells within
2,500 feet and potable water supply wells within 200 feet of the former tank. This
information was provided in the 45 Day Report, dated March 13, 2003, and received by
IEPA on February 3, 2003. Refer to the 45 Day Report for the water well survey data.
The Village of Mattoon Public Works Engineering Department was contacted to
determine if a local ordinance or policy exists that regulates the use of potable water
supply wells. David Wortman indicated that no local ordinance or policy exists that
regulates the use of potable water supply wells in Mattoon.
3.5
Surface Bodies of Water
-
A site survey was conducted to identify any surface bodies of water within 100 feet of the
UST system. No such bodies of water were observed within the 100-foot radius.
4.0 Discussion of Subsurface Investigation
The laboratory results of the soil and groundwater samples indicate the presence of
petroleum contamination at concentrations above the applicable Tier I Cleanup
Objectives at BI, B2, MWI, and MW3 see tables in Appendix F for specific data. These
results provide evidence that there is migration of petroleum contamination through
natural and man-made pathways at the site.
Petroleum vapors or odors have not been reported in nearby dwellings or utility conduits
since the original report of the release. The storm sewer survey indicated no locations
with significant detectable organic vapors. Based on this information, it appears unlikely
that an immediate threat to human health or safety, or a risk of explosions, exists at the
Site.
5.0 Future Investigation
Based on analytical results to date, soil and groundwater contamination has not been
fully delineated. Current data suggest extensive soil contamination on-site. It should be
HDC Engineering
Project No. 01323
noted that the distance between and lack of data points on-site creates a large margin of
error when predicting contamination migration. Future investigation activities will focus
on minimizing this margin of error by increasing the number of data points, thereby
reducing the cost of remedial activities.
Additional monitoring wells are required to
delineate BTEX contamination to the north and northeast of the site. Additional soil
borings are required to delineate on-site contamination. MTBE contamination has been
fully delineated. Therefore, analysis of this constituent need not be addressed in this
stage of the investigation. Future investigation at the site will include the following:
• Three monitoring wells will be installed to the north and northeast of the site to
delineate the contamination present in MW3.
-
MW5 will be installed off-site on the northwest corner of DeWitt Ave. and 12th
St.
-
MW6 will be installed off-site on the northeast corner of DeWitt Ave. and 12th
St.
-
MW7 will be installed off-site on the southeast corner of DeWitt Ave. and 12th
St.
• Groundwater samples will be collected from monitoring wells MWI — MW7 and sent
to an accredited laboratory for BTEX analysis. A total of 7 groundwater samples will
be collected. One groundwater field blank will be collected and analyzed for BTEX.
• Eight soil borings will be advanced to a depth of 12 feet on-site and three soil borings
will be advanced to a depth of 12 feet off-site and sent to an accredited laboratory for
BTEX analysis. A total of II soil borings will be advanced to delineate contamination
of the site.
-
B4 will be advanced approximately 40 feet west of PTS4.
-
B5 will be advanced approximately 7 feet south of the north sidewalk and 118
feet west of the east sidewalk.
- B6 will be advanced approximately 20 feet east of B5 and 15 feet south of
MW2.
- B7 will be advanced south of tank bed #5, approximately 40 feet east of the
west property boundary.
-
68 will be advanced 25 feet north of MW4.
-
B9 will be advanced approximately 15 feet west of MW4 and approximately
45 feet south of PTS 1.
-
BI 0 will be advanced approximately 20 feet east of MWI.
-
BI I will be advanced approximately 20 feet south of MWI.
-
B12 will be advanced approximately 15 feet west of MWI.
-
B13 will be advanced approximately 20 feet north of MWI.
-
B14 will be advanced approximately 45 feet north of PTS2 on the north side
of DeWitt Ave.
•
In addition to the samples collected from soil borings 64 — B13, soil samples will also
be collected from MW5, MW6, and MW7. The zone exhibiting the highest PID
reading from each boring will be selected for laboratory analysis. A second sample,
deeper than the first, also will be selected for laboratory analysis in order to define
the vertical extent of contamination. In the absence of definitive PID readings,
samples will be collected based on similar depths of known contamination. Soil
sample collection will follow SW-846 Method 5035 for BTEX.
HDC Engineering
Project No. 01323
• Permission to access adjacent properties to the north, northeast, and southwest for
investigation will be requested from the property owners. If access is granted
groundwater and soil investigation will be performed on these properties.
Soil borings, well installation, and sample collection will follow procedures described in
Section 3.0 of this report. Wells are expected to be 15 feet deep and soil borings are
expected to be 12 feet deep.
However, depths may be increased based on field
screening results. Boring locations as shown in Appendix B are approximate. Actual
locations may vary based on physical barriers such as utility lines, utility poles, trees,
and ground cover (e.g., concrete drives).
A budget for the next phase of delineation is being submitted with this plan.
If the data gathered from this proposed phase of investigation is sufficient to delineate
soil and groundwater contamination, a corrective action plan and budget will be
developed.
If groundwater contamination is not fully delineated, an additional
investigation plan and budget will be submitted for approval.
HDC Engineering
Project No. 01323
EXHIBIT “B”
Illinois Environmental Protection Agency
Leaking Underground Storage Tank Program
E N G
I
N E E R I N G
Site Investigation
—
Stage 2 Budget
Site Location
Webb & Sons, Inc.
1201
DeWitt
Avenue
Mattoon, Illinois
Coles County
IEMA Incident No. 20021577
931126
Prepared For
Doris Webb
1201 DeWitt Avenue
Mattoon, Illinois 61938
Prepared by
HDC Engineering
201 West Springfield, Suite 300
Champaign, Illinois 61820
Phone: 217.352.6976
Fax: 217.356.0570
HDC Project No. 01323
January 18, 2005
ENGINEERS
• SURVEYORS~
PLANNERS . ENVIRONMENTAL
LIST OF CONTENTS
Site Information Form
Proposed Budget Summary and Budget Total Form
Investigation Costs Form
Analysis Costs Form
Personnel Form
Equipment Costs Form
Field Purchases and Other Costs Form
Handling Charges Form
Owner/Operator and Professional Engineer Budget Certification Form
Eligibility and Deductibility Determination
BUDGET
AND
BILLING FORM FOR
LEAKING UNDERGROUND STORAGE
TANK
SITES
A. SITE
INFORMATION
Site Name: Webb & Sons, Inc.
Site Address: 1201 DeWitt Avenue
City: Mattoon
Zip: 61938
County: Coles
JEPA Generator No.: 0290255079
JEMA Incident No.: 931126 and 20021577
IEMA Notification Date: May 7, 1993
Date this Form was Prepared: January 2005
This form is being submitted asa:
X. Budget Proposal
Budget Amendment (Budget Amendments must include only the costs
over the previous budget.).
Amendment Number:__________
_____
Billing Package for costs incurred pursuant to 35 Illinois Administrative
Code (LAC), Part 732 (“new program”).
This form is being submitted for the Site Activities indicated below (checkone):
______
Early Action
_____
Site Classification
______
Low Priority Corrective Action
_____
High Priority Corrective Action
X
Other (indicate activities) Site Investigation
—
Stage 2
DO NOT
SUBMIT “NEW PROGRAM” COSTS AND
“OLD
PROGRAM”
COSTS AT THE
SAME TIME, ON
TIlE SAME FORMS.
A-i
This form must be submitted in duplicate.
IEMANo. 931126, 20021577
B. PROPOSED BUDGET SUMMARY AND BUDGET TOTAL
1.
Investigation Costs:
$
7,916.10
2.
Analysis Costs: $ 2,143.92
3.
Personnel Costs:
$
17,610.00
4.
Equipment Costs: $~740.00
5.
Field Purchases and Other Costs:
$
2,650.00
6.
Handling Charges: $ 147.08
TOTAL PROPOSED BUDGET =
$ 31,207.10
B-i
This form must be submitted in duplicate.
IEMA No. 931126, 20021577
E. INVESTIGATION COSTS
Method I_______
Method II
Method III
Not Applicable
X
1.
Drilling Costs
-
This includes the costs for drilling labor, drill rig usage, and other drilling equipment.
Borings which are to be completed as monitoring wells should be listed here. Costs associated with
disposal of cuttings should not be included here. An indication must be made as to why each boring is
being conducted (i.e., classification, monitoring wells, migrationpathways).
3 borings to
15
feet =
45
feet to be bored for
monitoring wells
11 borings to
12
feet
=
144
feetto be bored for
soil borings
borings to
_______
feet
= _________
feet to be bored for___________________________________
borings to
_______
feet
= _________
feetto be bored for_________________________________
borings to
_______
feet
_________
feet to be bored for_________________________________
Total Feet to be Bored:
165
Borings: 189
feet x
$
14.00
per foot
=
$
2,646.00
(or)
Hours:______________ x
$_______________
per hour
= $___________________
_____borings through________ ft ofbedrock
=___________
Ft bedrock to be bored
_____borings through________ ft ofbedrock
=___________
Ft bedrock to be bored
Total Feet bedrock to be Bored:____________________
Borings:________ Ft bedrock x
$______________
per ft bedrock
=
$____________________
(or)
_______Hoursx$___________ perHour=$
3
# ofMobilizations
@ $
250.00
per mobilization
= $
750.00
Other Costs
Number
of Units
Unit Cost
Total Cost
decon equipment—per day
3
$190.00
$570.00
decon/drumming labor
—
per hour
5
$38.00
$190.00
per diem, 3 man crew
—
per man-day
3
$100.00
$300.00
concrete cores
—
each, for wells
I
$50.00
$50.00
well installation
—
rig time
3
$75.00
$225.00
well installation
—
labor, 2-man crew
—
per hour
I
3
$76.00
$228.00
E-1
This form must be submitted in duplicate.
IEMANo. 931126.20021577
2.
Professional Services (e.g., P.E., geologist)
-
These costs must be listed in Section I, the Personnel
section ofthe forms.
3.
Monitoring
Well Installation Materials
-
Costs listed here must be costs associated with well casing,
well screens, filter pack, annular seal, surface seal, well covers, etc. List the items below in a time and
materials format.
Material
Number
ofUnits
Unit Cost
Total Cost
10’ x 2” PVC screen
3
35.00
105.00
5’
x 2” PVC riser
3
15.60
46.80
2” PVC bottom plug
3
8.00
24.00
locking cap
.
3
17.60
52.80
8” aluminum manway
3
82.00
246.00
filter sand
21
8.00
168.00
bentonite grout
.
6
12.00
72.00
concrete
5
8.50
42.50
4.
Disposal Costs
-
This includes the costs for disposing ofboring cuttings and any water generated while
performing borings or installing wells.
Disposal of Cuttings:
6
drums x $
220.00
per
drum = $
1,320.00
Disposal of Water:
4
drums x $
220.00 per gallon
= $
.
880.00
Transportation Costs: $_____________________
Describe how the water/soil will be disposed:
removedby licensed waste handler to be.recycled.
Incinerated, or landfilled
Total Investigation Costs: $
7,916.10
E-2
This form must be submitted in duplicate.
IEMANo. 931126, 20021577
F. ANALYSIS COSTS
1.
Physical Soil Analysis
-
This must only include
analysis
costs for classification ofsoil types at the site.
______Moisture Content samples x
$____________________
per sample
=
$______________________
______Soil Classification samples x
$____________________
per sample
= $________________________
Indicate method to be performed:
______Soil Particle Size samples x
$_____________________
per sample
= $_______________________
_____Ex-situ Hydraulic Conductivity/Permeability samples
x$____________________ per sample=$_
Indicate the method to be performed:
_____Rock Hydraulic Conductivity/Permeability samples
per sample
$.
_____Natural Organic Carbon Fraction (foc) samples
per sample$_
Indicate the ASTM or SW-846 method to be performed:
______
_______________________
samples x
$______________
per sample =
______
_________________________ samples x
$_______________
per sample
=
samples x
$______________
per sample
= $~
samples x
$______________
per sample
=
samples x
$______________
per sample = $_
2.
Soil Analysis Costs
-
This must be for laboratory
analysis
only.
28 BTEX samples x $ 48.75
per sample = $
1,365.00
_____PNA samples x
$__________
per sample =
$__________
_____LUST Pollutants samples x
$____________
per sample
=
$__________
F-i
This form must be submitted in duplicate.
IEMANo. 931126. 20021577
pH Samples x
$____________
per sample
=
$___________
______Paint Filter samples x
$_____________
per sample
=
$____________
_____TCLP Lead samples x
$__________
per sample
=
$__________
_____Flash Point samples x
$___________
per sample =
$__________
_____Lab and/or Field Bank samples x
$___________
per sample
=
$___________
28. Dry Weight
samples x $ 12.50
per sample
= $
350.00
28
Handling & Disposal
samples x $ 3.00
per sample
= $ 84.00
samples x
$______________
per sample
=
$_______
samples x
$______________
per sample
=
$_______
samples x
$______________
per sample
=
$_______
3.
Groundwater Analysis Costs
-
This must be for laboratory
analysis
only.
7 BTEX samples x $ 40.31
per sample
= $
282.17
_____PNA samples x
$__________
per sample
=
$__________
______LUST Pollutants samples x
$_____________
per sample
=
$___________
pH Samples x
$____________
per sample
=
$___________
1 Lab and/or Field Bank samples x $ 38.75
per sample
= $
38.75
______Flash Point samples x
$____________
per sample
=
$___________
8
Handling & Disposal
samples x $ 3.00
per sample
= $
24.00
samples x
$_______________
per sample
=
$______
samples x
$______________
per sample
=
$______
samples x
$_______________
per sample
=
$______
samples x
$_______________
per sample
= $______
samples x
$______________
per sample
=
$______
TOTAL ANALYSIS COSTS =
$
2,143.92
F-2
This form must be submitted in duplicate.
IEMANo. 931126,20021577
G.
PERSONNEL
All personnel costs that are not included elsewhere in the budget/billing form must be listed here. Costs must
be listed per task, not personnel type. The following are some examples of tasks: Drafting, data collection,
plan, report, or budget preparation for
_______
(i.e., site classification work plan, 45 day report, or high
priority corrective action budget), sampling, field oversite for
___________
(i.e., drilling/well installation,
corrective action, or early action), ofmaintenance of
.
The above list is not inclusive of all
possible tasks.
Project Manager
: 16
hours x
$ 99.00
per hour
= $ 1,584.00
(Title)
Task to be performed forthe above hours: project supervision, administration, and review
Professional Engineeer
: 28
hours x
$
90.00
per hour =
$
2,520.00
(Title)
Task to be performed for the above hours: PE preparation and certification of reports. project oversight
Environmental Professional IV
: 28
hours x $ 77.00
per hour
= $
2,156.00
(Title)
Task to be performed for the above hours: work plan development, report preparation
Environmental Professional III
: 70
hours x $ 75.00
per hour
= $
5,250.00
(Title)
Task to be performed for the above hours: logging, soil and water sampling, survey, report writing
Environmental Professional II
: 90
hours x $
65.00
per hour
=
$
5,850.00
(Title)
Task to be performed for the above hours: well development, water sampling, survey
Draftsperson
:
5
hours x
$
50.00
per hour
= $
250.00
(Title)
Task to be performed for the above hours: technical drawings for report
______________________________
hours x
$____________
per hour
=
(Title)
Task to be performed for the above hours:______________________________________
______________________________
_______
hours x
$____________
per hour
= $~
(Title)
Task to be performed for the above hours:_______________________________________
______________________________
- _______
hours x
$____________
per hour
=
(Title)
.
G-1
This form must be submitted in duplicate.
IEMA No. 931126. 20021577
Task to be performed for the above hours:______________________________________
______________________________
_______
hours x
$____________
per hour
=
$
(Title)
Task to be performed for the above hours:____________________________________
______________________________
_______
hours x
$____________
per hour
= $
(Title)
Task to be performed for the above hours:______________________________________
______________________________
_______
hours x
$____________
per hour
=
(Title)
Task to be performed for the above hours:______________________________________
__________________________
______
hoursx$___________ perhour=$
(Title)
Task to be performed for the above hours:____________________________________
______________________________
_______
hours x
$____________
per hour =
$~
(Title)
Task to be performed for the above hours:_______________________________________
_______________________________
- _______
hours x
$_____________
per hour
=
$
(Title)
Task to be performed for the above hours:________________________________________
_______________________________
hours x
$_____________
per hour
= $~
(Title)
Task to be performed for the above hours:______________________________________
__________________________
______
hoursx$___________ perhour=$
(Title)
Task to be performed for the above hours:_______________________
TOTAL PERSONNEL COSTS: $17,610.00
G-2
This form must be submitted in duplicate.
H. EQUIPMENT COSTS
IEMA No. 931126, 20021577
All equipment used must be listed below in a time and materials format. Handling charges should not be
added here; use Section J.
H-I
Subtotal Page H-I: $740.00
Equipment
Own or
Rent?
Time Used
Unit Rate
.
Total
Cost/Item
Photoionization detector
own
3 days
$100.00
$300.00
Water level meter
own
2 day
$30.00
$60.00
Submersible Pump
own
2 days
$40.00
$80.00
Generator
own
iday
$100.00
$100.00
Survey Equipment
own
1 day
$50.00
$50.00
Environmental Support Vehicle
own
3 days
$50.00
$150.00
This form must be submitted in duplicate.
IEMANo. 2~3ll26,20021577
Subtotal Page 11-2: $0.00
Total (Pages H-I and H-2): $740.00
Own or
Total
Equipment
Rent?
Time Used
Unit Rate
Cost/Item
H-2
This form must be submitted in duplicate.
I.
FIELD PURCHASES
AND
OTHER COSTS
IEMANo. 931126, 20021577
All field purchases must be listed below in a time and materials-format Handling charges must not be added
here; use Section
J,
Handling Charges to calculate the handling charges.
Do Handling
Field Purchases
Quantity
Price/Item
Total Cost
Charges
.
Apply?
Subtotal Page I-i: $0.00
I-1
This form must be submitted in duplicate.
IBMANo. 931126, 20021577
Other Costs
-
A listing and description of all other costs which will be/were incurred and are not specifically
listed on this form should be attached. The listing should include a cost breakdown in a time and materials
format.
Other Costs
.
Quantity
Price/Item
.
Total Cost
Do Handling
Charges
Apply?
Mileage—per mile
500
$0.38
$190.00
no
Disposable bailers
—
each
7
$10.00
$70.00
no
Drums
10
$60.00
-
$600.00
no
Prints
12
$1.00
$12.00
no
Baggies—per box
2
$3.00
$6.00
no
Ice
—
per bag
3
$2.00
$6.00
no
Latex gloves
—
per box
2
$10.00
$20.00
no
Terracore samplers
—
each
28
$2.00
$56.00
no
Shipping (to client / IEPA)
4
$10.00
$40.00
yes
City Boulevard Cut Pennit
3
$50.00
$150.00
yes
Survey
1
$1,500.00
$1,500.00
no
TOTAL OTHER COSTS
=
$ 2,650.00
1-2
Subtotal Page 1-2:
$2,650.00
Total Pages I-i and 1-2:
$2,650.00
This form must be submitted in duplicate.
J.
HANDLING CHARGES
IEMANo. 931126,20021577
Handling charges are eligible for payment on subcontractor billings and/or field purchases only ifthey are
equal to or less than the amounts determined by the following table:
Subcontractor or Field
Purchase Cost
$1- $5,000
$5,001 -$15,000
$15,001
-
$50,000
$50,001
-
$100,000
$100,001 -$1,000,000
A.
Subcontractor Charges
Eligible Handling Charges as a
Percentage of Cost
12
$600
+
10 of amt. Over$5,000
$1,600
+
8 of amt. Over$15,000
$4,400
+
5
ofamt. Over $50,000
$6,900
+
2 of amt. Over $100,000
~1-1
Subtotal Page J-1: $7,164.02
Subcontractor
Section in these
Forms where
Cost is Listed
Subcontract Amount
Western Environmental Services
investigation
$2,820.10
RS Used Oil
investigation
$2,200
Great Lakes Analytical
analysis
$2,143.92
This form must be submitted in duplicate.
IEMANo. 931126, 20021577
B. Field Purchase
Field Purchase
Field Purchase Amount
City of Mattoon
$150.00
UPS
$40.00
Subtotal Page J-2: $190.00
Total Pages J-1 and J-2: $7,354.02
Handling Charge*: $147.08
*Use chart at top ofPage M-1 to calculate the allowable handling charge.
Copies of invoices for subcontractor costs and receipts for field purchases are required for billing submissions.
J-2
This form must be submitted in duplicate.
Illinois Environmental Protection Agency
Owner/Operator and Professional Engineer Budget
Certification
Form for
Leaking Underground Storage Tanks Sites
In accordance with
415
ILCS
5/57,
ifan owner or operator intends to seek payment from the UST Fund, an
owner or operator must submit to the Agency, for the Agency’s approval or modification, a budget which
includes an accounting of all costs associated with the implementation of the investigative, monitoring
and/orcorrective action plans.
I hereby certify that I intend to seek payment from the UST Fund for performing Site Investigation
_______________________ activities at Webb & Sons, Inc.
LUST site. I further
certify that the costs set forth in this budget are necessary activities and are reasonable and accurate-to-the
best of my knowledge and belief. I also certify that the costs included in this budget are not for corrective
action in excess ofthe minimum requirements of415 ILCS
5/57
and no costs are included in this budget
which are not described in the corrective action plan. I furthercertify that costs ineligible forpayment from
the Fund pursuant to
35
Illinois Administrative Code Section 732.606 are not included in the budget
proposal or amendment. Such ineligible costs include but are not limited to:
Costs associated with ineligible tanks.
Costs associated with site restoration (e.g., pump islands, canopies).
Costs associated with utility replacement (e.g., sewers, electrical, telephone, etc.).
Costs incurred prior to IEMA notification.
Costs associated with planned tank pulls.
Legal defense costs.
Costs incurred prior to July 28, 1989.
Costs associated with installation of new USTs or the repair of existing USTs.
Owner/Operatoj,~oisWebb
Signature:
-
Title: Owner
Date: /~-~-
/,~2OS
OF~~$LSEAL
TheAgen’~~
(Not’~j)iPublic)
c~’i~iiiIfi~izedto require this information under
415
ILCS
5
Thisrequired.
form Failure
has beentoapproveddo so maybyresultthe Formsin theManagementdelay or denialCenter.of anybudg
IL
532
2273
LPC 499 Rev. Mar-94
BB:jk\BUDCERT.WPD
:1
Subscribed and sworn to before me the
~ ~)~~day of___________________________
______
(Budget ~posals and ~udget Amendments mart be notarized whe~rtiic~tin is
igned.)
20
2
day o
________________
be notarized when t
a
c r4flcat o is signed)
ARSONINVRST1OATIOt4
2l7.782-9~16
sOILE~andPRESSURE
VfSSEL SAI’ElY
217.712-2556
FRE PRSV~411ON
217.7O5-471~
MANAOeMSNT8ERV~c~S
217-7124559
~R5
217-155.8526
HUMAN øssouacss
2~7-7a6.1O28
PaR$cNN~LSTANDARDS
and EDUCATION
217-752.4552
PETROLFUM and
CH5MICA1.&~FTY
217-765-1878
PUSLIC INFOIU4ATION
217-?U.lml
wn an~
Office of Us. Illinois
State Fire Marshal
CEi~.TIFIEDMAIL
-
RECEIPT
REQUESTED
#7002
1000
0004 8741
6800
COP.RECTEI)
July 12. 2002
Webb & Sons, Inc.
1201 DewittAvenue
MattoonIL
61938
-
In Re~
Facility
No.
4-028243
IEMA
Incident
No. 93-1126
-
Webb & Sons, Inc.
1201 DewittAvenue
Ittattoon Colea Co., IL
Dear Applicant:
The
Relnibursomcnt Eligibilityend Deductible Application received
on
June 12, 2002 forthe above
referenced occurrence hisbeen reviewed. The following detennlnadons have been-made based upon
this
review.
-
It has been detennined that
you
are
eligible to seek payment ofcosts in excess of$15,000.
The
costs
must be in response to the occurrence referenced above and associated with the followingtanks:
Eligible Tanks
Tank 1 10,000-gallon Diesel
-
Tank 2 5,000-gallon Kerosene
Tank 3 2,000-gallon Heating
Oil
Tank 42,000-gallon Diesel
TankS 4,000-gallon
Diesel
Tank.6 1000-gallon-Diesel
You must
contacttheillinois Environmental Protection Agency to receive a packet ofAgencybilling
forms for submitting yourrequest for payment
An owneror operator is eligible to access the Underground Storage-Tank Fund Ifthe eligibility
requirements are
sathtlcd
1.
Neitherthe owner nor the operator is the United States Goveinment~
-
2.
The tank does
~Qt
contain fuel that ii exempt from die Motor Fuel Tax Law,
3.
The costs
were incurred as a result ofa confirmed release
of
any ofthe
following
substances:
“Fuel”, as definedin Section 1.19 of the Motcr .Fuel Tax Law
Aviation fuel
1035 Stevenson
Dtive Springfield,
Illinois 62703-4259
POitnd
on Ric~’ci.g~
Pnper
G.n*ril
OtSas
212-755-0950
FAX
Heating
oil
Kerosene
Usedoil, whlchhasbeenxeflnedfromcrude oilusedinarpotorvehicle, as deflnedlnSeciion
1.3 ofthe Motor
Fuel
Tax Law.
4.
The owneror operator registered the tank and paid all Ihes In accordance with the statutory and
regulatory requirements
of
the Gasoline Storage Act
5.
The
owner
or
operatornotified the Illinois Emergency Management Agency
ofa confirmed
release, the
costswere incurred after the notificationand the costs were aresult ofarelease ofa substance listedin
this Section. Costs
of
correctiveaction
or indenutification incurred before
providing that notification
shall not
be
eligible forpayment.
6.
The costs have not already beenpaidto the owner
or
operator under aprivate insurance policy,.other
written agjeenient or coutt order.
7.
The
costs were associated with “corrective action’.
This constitutes the final dec~siqnas itrelates to your eligibilityand deductibility.
We
reserve the right to
change the dcductlbl~detennfnation should additional information that would change the determination become
available.
Art
underground storage tankowner
or
operator mayappeal the decision to the Illinois Pollution
Control Board (Board), pursuant to SectIon
57.9 (c) (2). An
owneror operator
who
secks to appeal the decision
shall file
a petition for a hearing
before the Board wIthin
35 days of
the date
of
nialling
ofthe
final deci~iou,(35
Illinois A4niinisttadve Code
105.102(a)
(2)).
Per information regarding the
filing
ofan
appeal, piease contact
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State
ofIllinois Center
100 WestRaudoiph, Suite 11-500
Chicago, illInois 60601
(312)814-3620
IIyou have any questions regarding the eligibility
or deductibility
determinations,please contact our.Office
at~
(217) 785-1020 or (237)
785-5978
and ask for Deaune Lock.
Sincerely,
Melvin H. Smith
-
Division Director
Division
of
Petroleum and Chemical Safety
MES/di
cc:
IEPA
Facility
File
EXHIBIT
“C”
ILLINOIS ENVIRONMENTAL PROTECTION- AGENCY
1021 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
CERTIFIED
MAIL
7002 3150 0000 1253 3918
Mrs. Doris Webb
8687E. 150 N.
Lerna, Illinois 62440
Re:
LPC#
0290255079
--
Coles County
Mattoon! Webb & Sons, Inc.
1201 DeWitt Avenue
LUST Incident No. 20021577 & 931126
LUST Technical File
-
Dear Mrs. Webb:
RECEIVED
FEB
-92005 -
HDC EN6INEERINC
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Site Investigation
Plan (plan) submitted for the above-referenced incident. This plan, dated January 18, 200-5, was
received by the Illinois EPA on January 24, 2005. Citations in this letter are from the
Environmental Protection Act (Act), as amended by Public Act 92~0554on June 24, 2002, and
35
Illinois Administrative Code
(35
Iii. Adm. Code).
The Illinois EPA has determined that the activities proposed in this plan are appropriate to
demonstrate compliance with Title XVI ofthe Act (Sections 57.7(a)(1) and
57.7(c)
ofthe Act
and 35 Ill. Adm. Code 732.503(b)). Therefore, the plan is approved.
In addition, the budget is modified pursuant to Sections
57.7(a)(2)
and
57.7(c)
of the Act and
35
Ill. Adm. Coda
~ I
~ ~3(b). Based on the modilicajions listed in Section 2 of Attachment A, the
amounts listed in Section 1 of Attachment A have been approved. Please note that the costs must
be incurred in accordance with the approved plan. Be aware that the amount ofreimbursement
maybe limited by Sections
57.8(d), 57.8(e)
and 57.8(g) of the Act, as well as 35 Ill. Adm. Code
732.606(s) and 732.611.
.
-
NOTE: Amended plans andlor budgets must be submitted and approved prior to the issuance of
a No Further Remediation (NFR) Letter. Costs associated with a plan or budget that have not.
been approved prior to the issuance of an NFR Letter will not be reimbursable.
i~
iir~—411)2 North Main Street. Roiktord. II 61103— 815i 987-77W) • Drs
Pi~eos—
9511 W. Harrison St., Des Plaines, IL 60016 —1847) 294-4000
Etc~
— 595 South Stale. Elgtn. IL 60121 — 847 (,0R- lIlt
•
PIfRIA — 5415 N. University St., Peoria, IL 61614 —(309) 693-5463
BURF.AI
‘I 1.’,.’,i
- P0
Ri-’,
— 7621) N. UnpverS,Iv SI.. Peoria. IL 61614 — 109
h91-~4h2
•
CH~MI’AICN— 2125 South First Street, Champaign, IL 61820—1217) 278-5800
—45005. Sixth Street Rd.. Springtteld. IL 6271)6 —
2I7i
786-6892 • Coiii~sviiir — 2009 MaIl Street, CoIlinsviIIe, IL 62234 —(618) 346-5120
— 2309
~N.
Main St.. Suitc’ 116. Marion, IL 62959 —(6181 993-7200
217/782-6762
~
U~ 20U~
P~i~.riii
‘,.. Rn
vcLrr) PACtS
Page 2
Pursuant to Sections
57.7(a)(5)
and 57.12(c) and (d) of the Act and
35
Iii. Adm. Code 732.100
and 732.105, the Illinois EPA requires submittal ofa Site Investigation Completion Report
within 30 days after completing the site investigation to:
Illinois Environmental Protection Agency
Bureau of Land
-
#24
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield,..JL 62794-9276
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 James R. Malcorn, III at
217/524-9140.
~ncerely,~~~
Harry A. Chappel, P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau of Land
HAC: jrm
cc:
HDC
Division File
Attachment A
Re:
LPC# 0290255079
--
Coles County
Mattoon! Webb & Sons, Inc.
1201 DeWitt Avenue
.
-
LUST Incident No. 20021577 & 93.1126
LUST Technical File
Citations in this attachment 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).
SECTION 1
As a result of the Illinois EPA’s modification(s) in Section 2 ofthis Attachment A,
the following
amounts have been approved:
$7,916.10
Investigation Costs
$2,143.92
Analysis Costs
$0.00
Personnel Costs.
$740.00
Equipment Costs
-
$1,150.00
Field Purchases and Other Costs
$1 47.Q8
Handling Charges
SECTION 2
-
1.
SI.500.00 for surveying. These costs are for activities in excess of those required to meet
-
the minimum requirements of Title XVI of the Act (Section 57.7(c)(3) of the Act and
35
III. Adm. Code 732.505(c) and 732.606(o)).
The excessive costs submitted for surveying indicates that a professional surveyor is
being utilized which is not required by the Agency.
2,
$17,610.00 for costs that lack supporting documentation
(35
Ill. Adm. Code
732.606(gg)). A site investigation plan budget must include, but not be limited to, an
accounting of all costs associated with the development, implementation, and completion
of the site investigation plan (Section
57.7(a)(2)
of the Act). Since there is no supporting
documentation of costs, the Illinois EPA cannot determine if the minimum requirements
necessary to comply with Title XVI have been exceeded (Section
57.7(c)(3)
of the Act
and 35111. Adm. Code 732.505(c) and 732.606(o)).
The Agency is requesting that the proposed personnel costs be further broken down to
provide sufficient justification for the proposed personnel cost. The Agency is requesting
information regarding the task performed by each person and the amount of time for each
task performed. The Agency is requesting justification for the estimated amount of time
to complete each task.
For example, the professional engineer is requesting 28 hours for P.E. preparation and
certification ofreports and project oversight. The Agency is requestingjustification as to
why it takes 28 hours to perform these tasks? If28 hours is simply a budgeted guess,
why was 28 hours proposed?
TOTAL AMOUNT APPROVED FOR SITE INVESTIGATION AND CORRECTWE
ACTION ACTIVITES TO DATE:
-
$13,390.90
Investigation Costs
$5,029.67
Analysis Costs
$12,816.00
Personnel Costs
$1,574.00
Equipment Costs
$1,685.64
Field Purchases and Other Costs
$306.53
Handling Charges
jnn
EXHIBIT “D”
ENGINEERING
201 W. Springfield Ave., Suite 300
P.O. Box 140
February 15, 2005
Champaign, Illinois 61824-0140
BUS. (217) 352-6976
FAX (217) 356-0570
James Malcom
Illinois Environmental Protection Agency
Bureau of Land
Leaking Underground Storage Tank Section
P. 0. Box 19276
Springfield, IL 62794-9276
RE:
Site Investigation Plan
Justification of Personnel Costs
LPC # 0290255079 - Coles County
Mattoon / Webb & Sons, Inc.
1201 DeWitt Avenue
LUST Incident No.: 931126
LUST Technical File
Dear Mr. Malcom:
In response to your letter dated February 8, 2005, HDC Engineering (HDC) has prepared a
breakdown and justification of the personnel hours that were denied from the Site Investigation
Budget dated January 18, 2005. Please refer to Attachment A for-justification of surveying costs
and Attachment B for a complete breakdown and justification of personnel hours.
HDC would like to point out that the IEPA increases personnel costs every time it requires HOC
to submit additional information. The IEPA required HOC to justify every line item of the last
Site Investigation budget as well. Furthermore, the IEPA originally denied approval of the first
Site Investigation Plan, submitted in September 2003, stating that the number of borings was
unreasonable. However, four of the borings included in the approved Stage 2 plan are in similar
locations on the Site as proposed in the denied plan, showing that the original plan was
reasonable in the first place. Costs for the project would have been reduced had the original
plan been approved in September 2003.
HOC has a highly qualified staff of environmental professionals, with many years of experience
with underground storage tanks. This recurring requirement by the IEPA for micro-justification
of personnel costs is redundant and time consuming, and is viewed as an affront to HOC’s
professionalism and experience, It also has the unfortunate result of increasing the overall
costs and duration of the project. As your office has told HOC, one of the charters of the IEPA
is to ensure the LUST fund is well spent. However, you consistently require HDC to duplicate
effort in justifying cost when, in fact, the cost and work are.already justified and reasonable.
James Malcolm
February
15, 2005
Page 2 of 2
If you have any questions I can be reached at 217.352.6976 or kevins©hdc-eng.com.
Respectfully Submitted,
HOC Engineering
Kevin Saylor, PE
Environmental Division Manager
cc:
DorisWebb
file
Enclosures
EXHIBIT “E”
ENGINEERING
201 W. Springfield Ave., Suite 300
RO.Box 140
February 25, 2005
Champaign, Illinois 61824-0140
BUS. (217) 352-6976
FAX (217) 356-0570
James Malcom
Illinois Environmental Protection Agency
Bureau of Land
Leaking Underground Storage Tank Section
P.O. Box 19276
Springfield, IL 62794-9276
RE: Site Investigation Plan
Justification of Personnel Costs
LPC # 0290255079 - Coles County
Mattoon /Webb & Sons, Inc.
1201 DeWittAvenue
LUST Incident No.: 931126
LUST Technical File
Dear Mr. Malcom:
HOC Engineering (HOC) has been
in contact with Sue Rennels of Representative Chapin
Rose’s office. As you are aware, Ms. Rennels has been in contact with the IEPA on behalf of
Doris Webb, who is a constituent of Mr. Rose. In response to the recent Site Investigation (SI)
budget, Ms. Rennels informed HOC that your office does~notintend to approve the personnel
requested as part of this budget, even considering the justification letter prepared by HDC and
dated February 15, 2005. Ms. Rennels stated that your position is that SI personnel costs are
limited to a range around $12,000.
HOC agrees that this amount of personnel costs, depending on the site-specific scope of work,
may be adequate for the first stage of SI. However, many sites, such as Webb’s, require
additional stages of SI. Each stage of investigation will require additional personnel costs. The
personnel costs for additional stages may be greater than the first stage of investigation, as the
work generally tends to incorporate adjacent properties, necessitating property boundary
identification and right-of-entry agreements. Additionally, subsequent costs and associated work
are not known until the each preceding stage is completed.
HDC would also like to point out that we have two other projects in the second stage of SI which
are under the review of other IEPA units. Personnel costs for both of these projects were
approved for each stage of SI as follows:
Stage I
Stage 2
Total
$14,972
$16,710
$31,682
$13,974
$12,333
$26,307
James Malcolm
February
25, 2005
Page 2 of 2
It
would appear that your unit’s interpretation of SI is inconsistent with at least two other units in
your section.
HOC maintains that additional stages of SI logically require additional personnel costs. The
personnel costs approved for the first stage of SI were to perform and report on the field work
for that stage, including three soil borings and four monitoring wells. The second stage will
include personnel costs to perform and report on an additional eleven soil borings and three
monitoring wells, several of which are off site. The technical portion of the work plan was
approved, as well as all investigation, analytical, equipment, and most other costs. It is not
reasonable that all of the work and non-personnel costs were approved, but the personnel costs
to actually perform the work was not.
Your review
letter dated February 8, 2005, does not refer to itself as a final decision or state that
the decision can be appealed. HOC requests that you reconsider your decision
and approve
the proposed costs. In lieu of approval, HDC requests that you issue a final decision letter with
the appeal attachment that is standard for budgets that have, been approved with modifications.
If you have any questions I can be reached at 217.352.6976 or kevins~hdc-eng.com.
Respectfully Submitted,
HDC Engineering
Kevin Saylor, PE
Environmental Division Manager
cc:
Doris Webb
Sue Rennels
Attachment A
$1,500 were deducted from the budget for surveying costs with the reasoning that a
professional survey is not required by the Agency. The requirements of Title XVI do not
specifically require a professional survey as part of a LUST incident. However, it has been
HDC’s experience that professional survey’s are ultimately necessary to delineate and obtain
No Further Remediation status for LUST projects.
During the course of delineation, it is necessary to identify the site’s property boundaries. The
location of these boundaries is used to identify the extents of the property and to place off site
boring locations.
The letter to request off site access to perform delineation and/or remediation on adjacent
properties is essentially a contract between the LUST owner/operator and the adjacent property
owner.
Therefore, a professional boundary survey is crucial in identifying the site’s and
adjacent parcel’s property limits to insure that the necessary access is obtained and that the
necessary involved parties are protected by the off site access letter~
The accurate location of property boundaries is necessary for the use of highway authority
agreements. These agreements require scaled maps identifying the impacted area and the
extents of the agreement.
Environmental land use controls require the legal description of the property subject to the
control. The professional. boundary survey is used for this purpose.
The Property Owner Summary required for corrective action completion also requires a legal
description. Again, the professional survey is used for this purpose.
In general, the reporting requirements of the LUST program require the accurate presentation of
the site and adjoining properties, including utilities, roadways, and property boundaries. To fulfill
these requirements, a professional survey is conducted. Sources such as county plat and aerial
composite maps are not always of sufficient detail to accommodate the requirements to close a
LUST incident. In some instances, a foot can mean the difference between a highway authority
agreement and an environmental land use control. Additional land use controls requires a
significant amount of additional consulting time and additional liability for the owner;
Required technical reports, such as the Site Investigation Completion Report and the Corrective
Action. Completion Report, require certification by a licensed Professional Engineer or
Professional Geologist. The certification includes the following statement:
To the best ofmy knowledge and belief, this report, supporting documents and all
attachments are true, accurate and complete.
The only accurate
and complete way to identify property boundaries is to utilize a professional
surveyor.
Because of these reasons, HDC
requests that the Agency. approve the $1,500 for. professional
surveyor’s costs. These
costs have been approved on numerous other LUST budgets and
billing packages.
.
Attachment B
Environmental Professional 11(90 hours)
Work Description
Number of Hours
Work plan preparations (Stage
2 Site
22
Investigation Work Plan and Budget)
Sample and.log soil borings
20 (one EPII for two 10 hour days)
Pre-drill / Post-drill
.
4
(JULIE locate, package and ship samples, etc.)
Off-site access
12
(Obtain property and adjacent property tax cards,
contacting and coordinating off-site access,
including both IDOl and city right of ways)
Well development and survey
18 (two EPII’s for one 9 hour.day)
Well purging and sampling
10 (one EPII for one 10 hour day)
Miscellaneous*
4
(Contact with client, IEPA, local municipality,
IDOT, subcontractors, laboratory etc.)
Environmental Professional III (70 hours)
Work Description
Number of Hours
Prepare Site Safety and Health Plan
2
Pre-drill
I
Post-drill
.
4
(prepare soil log templates, load/unload sampling
supplies, jar samples, ship samples, etc.)
Monitoring Well Installation
10
(Supervise subcontractor, sample and log soil,
etc.)
Well purging and sampling
10 (one EPIII for one 10 hour day)
Miscellaneous*
.
8
(Contact with client, IEPA, local municipality,
lOOT, subcontractors, laboratory etc.)
Report writing (Stage 2 and Stage 3 Site
36
Investigation Work Plans and Budgets, including
soil boring logs, analysis tabulation, and
reimbursement)
Attachment B (continued)
Environmental Professional IV (28 hours)
Work Description
Number of Hours
Budget preparations
12
Report preparation and oversight
8
MisceUaneous*
8
(Contact with client, IEPA, local municipality,
lOOT, subcontractors, laboratory etc.)
Project Manager (16 hours)
Work Description
.
Number of Hours
Work plan preparation
3
Budget preparation and review
.
2
Site Safety and Health Plan preparation and
I
review
Pre-drill oversight
. .
i
Monitoring well drilling oversight
I
Report preparation and oversight
2
General project management
.
6
Project Engineer (28 hours)
Work Description
Number of Hours
Work
plan preparation for Stage 2
4
Budget preparation for Stage 2
3
Technical supervision for field activities
5
Stage 3 Site Investigation Work Plan and Budget,
8
reimbursement request)
Miscellaneous*
8
(Contact with. client, IEPA, local municipality,
IDOT, subcontractors, laboratory etc.)
*Miscellaneous time includes communication with the owner/operator, local municipality, lOOT,
subcontractors, and the IEPA which does not necessarily fall within a specific task. HDC has
found that many times, especially with this site, that the IEPA requires additional information
and justification for the approval of budgets, reimbursements and reports. When the IEPA
requests additional information/justification, additional consultant fees are incurred. HDC feels
that the costs requested in this budget are reasonable and are consistent approved funds for
several other LUST projects.
EXHIBIT “F”
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 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,
CHIc,aco,
IL 60601, 312.814-6026
ROD R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
CERTIFIED MAIL
7002 3150 0000 1253 70&4
MARC
22OU~
Mrs. Doris Webb
8687E. 150N.
Lerna, Illinois 62440
Re:
LPC# 0290255079
--
Coles County
Mattoon! Webb & Sons, Inc.
1201 DeWitt Avenue
LUST Incident No. 20021577 & 931126
LUST Technical File
Dear Mrs. Webb:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the amended Site
Investigation Plan Budget(budget) submitted for the above-referenced incident. This budget,
dated February 15, 2005, was received by the Illinois EPA on February 16,
2005.
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 Iii. Adm. Code).
The budget is modified pursuant to Sections 57.7(a)(2) and
57.7(c)
ofthe Act and
35 Iii.
Adm.
Code
732.503(b).
Based on the modifications listed in Section 2 ofAttachmentA, the amounts
listed in Section 1 ofAttachment A have been approved. Please note that the costs must be
incurred in accordance with the approved plan. Be aware that the amount ofreimbursement may
be limited by Sections 57.8(d), 57.8(e) and 57.8(g) ofthe Act, as well as 35 Ill. Adm. Code
732.606(s)
and 732.611.
An underground storage tank system.owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached.
ROCKFORD —4302
North
Main Street,
Rockford, IL 61103 —(815) 987-7760 •
DES PLAINES
— 9511 W. Harrison St., Des Plaines, IL 60016— (847) 294-4000
ELGIN
—595 South State, Elgin, IL 60123— (847) 608-3131
•
PEORIA
—5415 N. University St., Peoria, IL 61614— (309) 693-5463
BUREAU OF LAND -
PEORIA
—7620 N. University St., Peoria, IL 61614— (309) 693-5462 •
CHAMPAIGN
— 2125 South First Street, Champaign, IL 61820— (217) 278-5800
SPRINGFIELD
—4500 S. Sixth Street Rd., Springfield, IL 62706— (217) 786-6892 •
COLLINSVILLE
— 2009 MalI Street, Collinsville, IL 62234 —(618) 346-5120
MARION
—2309 W. Main St., Suite 116, Marion, IL 62959 —
(618) 993-7200
PRINTED ON RECYCLED PAPER
Page 2
If you have any questions orneed further assistance, please contact James R. Malcom, III at
217/524-9140.
Sincerely,
A. Chappel, P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau ofLand
HAC: jrm
Attachment: Budget Modification
cc:
HDC Engineering
Division File
Page2
The following personnel work hours are being approved based on the work plan provided
in the plan received January 24,
2005:
Environmental Professional II (82 Hours approved, 8 hours denied as unreasonable)
$5,330.00 approved in budget
The 4 hoursforpre-drilL(post drill were deducted as these cost are considered
part
of
sample and soil boring log hours. The 4 hours for miscellaneous task was deducted as
these tasks are being approved under Off-site access hours.
Environmental Professional III (46 Hours approved, 24 hours denied as unreasonable)
$3,450.00 approve in budget
The hours associated with the safety and health plan were deducted as this task was
approved under
the
previous budget. The hoursforpre-dril4 post drill, wellpurging
and sampling, and miscellaneous were deducted as they were approved under the
Environmental Professional II hours.
Environmental Professional IV (12 Hours approved, 16 hours denied as unreasonable)
$924.00
The hours associated with reportpreparation & oversight and.miscellaneous were
deducted as these tasks were approved under the Environmentalprofessional II.
All hours associated with the project manager were deducted as these hours were
approved under the environmental professional II hours. All hours for the project
engineer were deducted as these hours were approved under the environmental
professional II. The costs for the stage ifi site investigation work plan and budget was
deducted as this report is not required at this time.
TOTAL AMOUNT APPROVED FOR SITE INVESTIGATION AND CORRECTIVE
ACTION ACTIVITES TO DATE:
$13,390.90
Investigation Costs
$5,029.67
Analysis Costs
$22,520.00
Personnel Costs
$1,574.00
Equipment Costs
$1;685.64
Field Purchases and Other Costs
$306.53
Handling Charges
Page 3
Appeal ~~ts
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 afterthe date of issuance ofthe final decision. However, the 35-day
period may be extended for a period oftime not to exceed 90 days by written notice from the
owner or operator and the Illinois EPA within the initial 35-day appeal period. Ifthe owner or
operator wishes to receive a 90-day extension, a written request that includes a statement ofthe
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 regarding the filing ofan appeal, please contact:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
312/814-3620
For information regardingthe filing ofan extension, please contact:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office
Box
19276
Springfield, IL 62794-9276
217/782-5544
Attachment A
Re:
LPC# 0290255079
--
Coles County
Mattoon! Webb & Sons, Inc.
1201 DeWitt Avenue
LUST Incident No. 20021577 & 931126
LUST Technical File
Citations in this attachment 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).
SECTION 1
As a result ofthe illinois EPA’s modification(s) in Section 2 of this Attachment A, the following
amounts have been approved:
$0.00
Investigation Costs
$0.00
Analysis Costs
$9,704.00
Personnel Costs
$0.00
Equipment Costs
$0.00
Field Purchases and Other Costs
$0.00
Handling Charges
SECTION 2
1.
$1,500.00 for surveying. These costs are for activities in excess ofthose required to meet
the minimum requirements ofTitle XVI ofthe Act (Section 57.7(c)(3) ofthe Act and
35
Ill. Adm. Code 732.505(c) and 732.606(o)).
The excessive costs submitted for surveying indicates that a professional surveyor is
being utilized which is not required by the Agency. The Agency’s February 8, 2005
decision remains in effect forthis item.
2. $7,906.00 for an adjustment in personnel costs. The Illinois EPA has determined that
these costs are not reasonable as submitted (Section 57.7(c)(3) ofthe Act and 35 flI.
Adm. Code 732.606(hh)). One ofthe overall goals ofthe financial review is to assure
that costs associated with materials, activities, and services are
reasonable
(35 Iii. Adm.
Code
732.505(c)).
Please note that additional infonnation and/or supporting
documentation may be provided to demonstrate the costs are reasonable.
Based on the amount ofwork proposed in the approved site investigation plan,
the
Agency has reduced the proposed personnel costs by $7,906.00.
