$~kQNIC
FILING,
RECEIVED,
CLERK’S
OFFICE,
MAY
3,
±O’b’’~~h
___________________________________________
F 1?
I—/I
tc~iI
pho
~
www uriitecIscience
corn
May
3, 2005
Ms.
Marie
E. Tipsord
Hearing Officer
Illinois Pollution
Control Board
100
West
Randolph,
Suite
11-500
Chicago,
IL 60601
Re:
Prefiled Questions
and Availability
Dear Ms. Tipsord:
In
regard to the
April 20, 2005
Hearing
Order, please find
attached a copy of the prefiled
questions
submitted
on
behalt’ of United
Science
Industries,
Inc
(USI)
for
the
Agency’s
review,
USI
appreciates
the
opportunity
to
have
additional
hearings
in
the
Southern
Illinois
area.
Currently,
USI
is
unavailable
for hearings on
the following
dates:
6/6, 6/7,
6/8, 6/9, 6/14, 6/15, 7/I,
7/4,
7/5,
7/6, 7/28 and
7/29.
Ifyot
aveaiy questions, please feel free to contactmeat(618)735.2411.
Daniel A. King
Manager of Business Development
United Science Industries,
Inc.
Enel(l)
ELECTRONIC
FILING,
RECEIVED,
CLERK’S OFFICE, MAY
3, 2005
(I,.)
i
e
.s
t
I(
II S
(NOTE:
\ll
questi0i~s and
retztilalions
references
have
been
asked
relative
to
the
proposed
734
rcntilat
ions,
where applicable
qtlestions
would
also apply to
correspond mg
sections ol
732
and possibly
731
regulations
as
well)
Pursuant
to
734.2
I
0(a)
there are
activities
that arc
required
to
he perlormed
within
24
hrs of the confirmation
of’ the
release.
PursLtant
to
734.625(a)(
I)
Early
Action
activities
conducted
pursuant
to
Subpart
B
are
eligible
for
reimbursement.
I lowever,
Subpart
H does not
include
a pay
itern
inclusive
of’ these tasks.
Does
the
Agency
intend
to
revise
Subpart
II
to
inc hide
a
pay
item
for
the
completion
of’activities ptirsuant
to
734.21 0(a)’?
If the Agency
does
nct
intend
to
revise
Subpart
il
to
include
a
pay
item
Ibr these
costs, with what
current Subpart
II
pay
item
are these costs
associated’?
2.
Pursuant
to
734.210(b)
there
are
six
(6)
activities
that
are
reqtured
to
be
perfonned
wi tli in 20 days
of
the
aol
i
fication
of
the
release
to
I
EM A
734.2
I 0(h)( I
)
Remove
Petroleum
to pre~ei~t
further release
734.210(b)(2)
Visually inspect
Release
and prevent
further migration
734.2 I0(b)(3)
Monitor/mitigate
fire,
explosion,
& vapor
hazards
734.2
I 0(h)(4)
Remedy hazards
posed
by
excavated
or
exposed
soils
734.21
0(b)(5
)
Meastire
fbr the presence of
a
release
734.21 0(b)(6)
Determine
the
possible
presence of free product
However,
Subpart
H
does not include
a pay item
inclusive of these tasks.
Does
the
Agency
intend
to
revise
Stibpart
Li
to
include
a
pay
item
for
the
completion of activities pursuant
to
734.210(b)?
If the
Agency
does
not intend
to
revise
Subpart
H
to
include
a pay
item for
these
costs, with what current Subpart
H pay
item are these costs
associated?
3.
Pursuant
to
734.210(d)
the owner/operator
is required to prepare a
45-day
report.
In the event of an Early Action extension (734.210(g)) is
it
necessary and required
to
submit
a
45-day
report
within
45+14
days
from
notification
to
IEMA
if
all
Early Action activities
are not yet complete?
Doing
so
would
reqture
the
submission
of
an
amended
45-day
report
at
the
conclusion
of
early
action
activities
and
potentially
result
in
an
unnecessary
duplicated effort.
5/3/2005
Page
i
or
a
ELECTRONIC
FILING,
RECEIVED,
CLERK’S OFFICE,
MAY
3, 2005
Does
the
early
action
extension
pro~ided
hr
in
734.2
O(g)
also
extend
the
stibiniss ion
deadl i ic
fhr the
report
that
is
l’eclu
i i-ed
in
734.2
I 0(d)
to
the
end
of the
early action
Period?
If’
not,
and
two
reports
are
required
to
be
submitted
tinder
this
circumstance.
would
the
preparation
of the
second
45—day
report
be
considered
an
extenuating
circ
ti
mstanec and
therelbre
rei inhursab Ic on
a
tine
and materi a Is hasis pursuant
to
734.850’?
4.
Pursuant
to
734.2
1 O(g
)
an
owner/operator
may
request
in
writing
that
activities
continue beyond
t
lie
45+1 4 day
period.
Are the
costs associated
~vith perfbrniing this activity
el igi He and reimbursable’?
If
yes,
is
this
activity
considered
an
extentiating
circumstance
and
therefore
reimbursable
on
a
t
i me and materia Is basis
ptirstiant
to
734.850’?
If not, what applicable
Stibpart
H
pay items
won Id apply
to pertorniing
this task’?
5.
Section
734.8
I 0
of
S itbpart
H
allows
for
reimbursement
of
tank
removal
and
abandonment
costs.
perfonned
pursuant
to
734.210(f).
on
a per
liST
basis
based
on
the
relative
size
of
the tank.
Is
it
the
Agency’s
intent
that
this
cost
would
include
the
cost
for
abandonment
sltirry?
6.
Taking
into
consideration that
a
waiver
of the
removal
requirements
set
forth
by
the Office of the State
Fire
Marshall
(OS FM) to allow abandonment—in—place may
only
be
granted
when
untistial
situations,
determined
by
OSEM,
are
present
that
make
it
infeasible
to
remove
the
UST(s),and
as
such
no
typical
situation
exists,
should
all
tank
abandonment
activities
he
considered
as
extraordinary
e ircuinstances?
7.
Section
734.845(e)
allows
for reimbursement of costs
associated
with travel
time,
per
diem,
mileage,
transportation,
vehicle
charges,
lodging
and
meals
for
professional
personnel.
However,
there
is
not
a
complimentary
section
within
Subpart H to allow for travel costs associated
with field personnel.
Would
the
Agency
consider
adding
a
Subpart
H
Pay
Item
for
field
equipment
mobilization charges
as
an hourly
rate,
by
the
mile,
or
a mileage scale in addition
to a field equipment mobilization
permitting item on
a time and materials basis?
If the
Agency does
not intend
to
revise Subpart
H
to
include
a
pay
item
for these
costs, with what current Subpart
H pay items are these costs associated?
5/3/2005
Page 2 of
it)
ELECTRONIC
FILING,
RECEIVED,
CLERK’S OFFICE,
MAY
3, 2005
S.
Section
734.545(ri)(
1)
allows
S960.Ot)
fbr
professional
sen ices
associated
with
the
Iiftiiartition
for
abandonment
or
reinova
I
of
U S’l’s,
however,
pro f’essiona
I
services are
also
reqtured
hut
not
I united
to the
fbI low
i rig:
Preparat ion for Early Action
Soil
Abatement
Preparatio
ii
fr
a
Drilling
Event
Preparation
for Implementation
of Conventional Corrective
Action
Prepa ration
hr
I niplementat
iO~
of Alternative Technologies
Would
the
Agency
consider
the
addition of 5960.00
for prej
ration
for
an
Early
Action
soil
abatement,
pr’epai’ation
for’
a
dr’illing
event.
preparation
fhr
implementation
of
conventional
corrective
action,
and
lireparatioli
or
inip I erne n tat ion
(if
alternative
teehno log ies?
If the
Agency does
not
intend
to
revise
Stibpa it
I-I
to
inc
I tide
a
pay
iteni
for these
costs. with what current Subpart
H pay
item
are these costs associated?
9.
Pursuant
to
734.845
costs
associated
~vith
pro fessional
consti Iting
services
iii
tist
include
pro ect
planning
and
oversight,
field
work,
field
oversight,
travel,
per
diem,
mileage,
tra nsportat io
ii.
vehicle
charges,
lodging.
inca Is.
a id
t
lie
preparation,
review,
certification,
and
submissioni
of
all
plans,
budgets,
reports,
and
applications
for
payment,
and
other
documentation.
Sections
734.45(a—f)
include
provisions
for
each
of
the
above
mentioned,
with
the
exception
of
costs
associated
with applications
for payment purstiant
to 734.625(a)(
I 4)
Does
the
Agency
intend
to
revise
Subpart
H
to
include
a
pay
item
for
the
owner/operators
reimbursement
of
the
costs
associated
with
the
preparation,
eertif’ication. and submission
of a payment application
fbr the
following?
Early
Action?
Site Investigation
Stage
I?
Site Investigation
Stage 2?
Site Investigation
Stage 3?
Corrective
Action?
If
the Agency does not intend to revise Subpart H to include a pay item for these
costs,
with what current Subpart
H pay item
are
these costs associated?
10.
In
accordance
with
section
734.845(a)(2)(A-C)
owner/operators
may
be
reimbursed
for
professional oversight
of
field activities
when one or
more
of the
following
circumstances
is
taking
place:
removal/abandonment
of
UST’s,
ETD&B
of contaminated
backfill,
soil
sampling
around
abandoned
liST’s, and
when
a
liST
line release is
repaired.
5/3/2005
Page
3 of
to
ELECTRONIC
FILING,
RECEIVED,
CLERK’S OFFICE,
MAY
3, 2005
Ihis
nlIo\\ance (hoes
not
accounii
hr
professional
stipervrsnou
or
the
conifin’uiation
of
the
release,
the
i nninediate act ions
hi
ken
to
prevent any
fin rther
release,
and
the
identification
arid
nniti gation of tire,
explosion and vapor hazards.
\Votild
the Agency
entertain
the
addition
of
langtiage
to
section
734.845(a)(2 )( B)
which
would
allow
br
the
reimbursenienit
of
prof’cssiona
I
oversight
of
these
activities
on
a
time and
materials basis ptirsttant to
734.850?
II.
Pursuant
to
section
734.605(h)(3).
an
Eligibility
&
Deductibility
letter is
reqtured
to
complete
an
“application
for
liiiy’nient’.
Pursuant
to
734.625( a )(
I 5)
the
costs
associated
with
obtaining an
Eligibility
& Deductibility
letter are considered
to he
eligible
and
reimliursahle.
However,
Sulipa
it
H
does
not
inc
Itide
a
pay
item
inclusive
of
this task.
Does
the
Agency
i ntenid
to
revise
Subpart
H
to
inch ude
a
pay
item
for
the
preparation and submission
of an
Eligibility
&
Deductibility
letter’?
If the
Agency
(toes
not
intend
to
revise
Subpart
I-I
to
include
a
pay
item
for these
costs. with
what current Subpart
I-I
pay
item
are
these costs
associated’?
12.
Pur’suant
to
734.345(14,
an
owner/operator
as
a
minimum
requirement
nitrst
conduct
“best
efforts’’
to
obtain
off—site
access
iii
accordance
with
734.350.
However.
Stubpart
H does not
include
a pay
item
inclusive of this task.
Does
the
Agency
intend
to
revise
Subpart
I—I
to
include
a
pay
item
for conducting
“best efforts’’
to obtain
oil—site
access?
If the
Agency
(toes
not
intetid
to
revise
Subpart
H
to
incltide
a
pay
item
for these
costs,
with what current Subpart
H
pay
item
are these costs associated?
1 3.
Pursuant
to
734.210(1)
the owner/operator
may, as
a
part of early action,
perform
ex—situ
treatnient
of
contaminated
till
material.
Will
the
owner/operator
be
reimbursed
for
these
activities
in
accordance
with
734.850,
on
a
time
anti
materials basis?
14. What
technologies
does
the
Agency
consider
“conventional”
for
the
ex-situ
treatnient of contaminated fill material?
IS.
In
our
experience,
UST
removal
rates
vary
depending
upon
the
equipment
required to
remove said UST.
For instance,
tanks
from
110-2000
gallons may
be
removed
with
a
backhoe,
however,
tanks
with
capacities
from
2,001
-
10,000
gallons
require
a
larger piece of equipment,
such
as an excavator,
to
be renioved.
Any tanks
larger than
10,000 gallons must be removed with a crane.
Each of these
graduations increase
the
cost
for
the
required
personnel
and
equipment
to
carry
out the
removal.
5/3/2005
Page
4 of
ii
ELECTRONhC
FILING,
RECEIVED,
CLERK’S OFFICE,
MAY
3, 2005
\Votrld the
Agency
be
\villimig to
mestrurcttrre
the
IJS1
vohuriie
pay
item scliedtile
to
acco
Ii it
for
the se
eq
urn p
lien
t
Ii miii tat iomis?
16. The
titles
listed
\vitiimi
734.APPENDIX
E
do
riot
imichtrde
a
job
(lescription
for the
persomine I.
When
performing
a
task
where
payment
will
he
ff1
accordance
with Appendix
E,
wil
I
reim1ibursemnent
be
based
solely
on
the
edtmcationah
degree
amid
experience
of
the person
perfbrmnimig
the
task,
m’egardless of
the
task
pertormed.
the
el’ficiemiey
of
coriipleting
the
task,
amid/or
the
success of
regulatory
conipliamrce
achieved
by the
owner/operator
liv
perfom’mni rig the task’?
If not,
would
the
Agency
consider
adding
a
section
which
would
briefly
describe
the
tasks
to
be pem’Iormned by
each
of
tIre personnel
listed in
Appem’rdix
F?
1 7.
Ptnrstiant
to
Sectiomi
734.340(
(I)
remote
momiitoring
may
lie
reqti
ired
during
an
altermiati ‘cc techno logy.
How
will
costs
associated
with
Agency
required
remote
mnonitormg
be
reimhtr rsed’?
I S.
In accordance with section
734.3
I 5(a)(2)(E)
a
hydr’atrlic conductivity
test riiust he
completed
during
Stage
I
Site Investigatiomi activities. However. Subpart H does
riot
include
a
pay
i
teni
for
costs
associated
with
performing
and
amialyv.ing
a
hydrau lie
conductivity
test.
Does
the
Agency
mmitemid
to
revise
Stibpart
H
to
include
a
pay
item
for
costs
associated
with
perf’otining
amid
amialyzirig a hydnrtmlic
comidtictivity
test?
If the Agency
does
riot
intend
to
revise
Subpart
H
to
include
a
pay
item
for these
costs, with what
current Subpart
H
pay item are
these costs
associated?
19.
Pursuant
to
734.31 5(a)(3)
an
initial
water supply
well
survey
must
be conducted
in
accordance
with
734.445(a).
Currently
734.845(14(7) of
Subpart
H
provides
for
the
reimbursement
of
costs
associated
with
water
supply
well
surveys
conducted
pursuant to
734.445(b
& c).
However,
there
is no
Subpart
H
pay
item
associated
with activities
conducted
in accordance with
734.445(a).
Does
the
Agency
intend
to
revise
Subpai’t
H
to
include
a
pay
item
for
costs
associated
with conducting
an initial water supply well survey?
If the Agency
does
not
intend
to
revise
Subpart
H
to
include
a
pay
item
for these
costs, with what eur’rent Subpart
H
pay
item
are these costs
associated?
20.
In
accordance
with
section
734.845(14(7),
a
lump
sum
rate
of
$160
will
he
allotted
for
potable
water
well
surveys
which
mnust
he
conducted
pursuant
to
5/3/2005
Page
5 of It)
ELECTRONIC FILING,
RECEIVED,
CLERK’S OFFICE,
MAY
3, 2005
sections
734,445(h)
or
(c).
‘1
lie
cxfcrmial
costs’,mssociated
with
comiipIerni~a
typical
well
survey
are
approximately
S
I
Ut)
fr
h
5(15
amid
ISW S
provided
imifhrmnatmon.
Given
this
typical
sittmatiomi,
labor
costs
associated
with
thus
task
would
amiiotimit
to S6U.
Does
the
Agency
feel that $60 is sufficient for the professional labor to comply
with the requirements
set forth
in section
734.445?
Is
it
also
c.xhiected
that
thus
amount
would
account
for
timuie
allotted
for
th’re
Professioniah
Engineer’ s review
and certificatiom’r.
as required
by 734.445(d)(4)’?
2
1
.
Pursuant
to
734. 825(a )( I),
for
the
ptmrposes of reimbursement.
the
volume
of so
i
I
remiioved
amid
disposed
of mtist
he
deternuiimied by
the dimensions of the
excavatiom’r
plus
5.
~Vilha
site
map with
a
cross
section showing varying
depths
he
sufficient to verify
this volume’?
If yes. will
it
continue
to lie
necessary to
provide the
flit lowing to
the Agency:
a.
Copies ol
the weight
tickets
fromiu
the
laud fill
accepting
tIre waste’?
b.
Copies of the special waste
manifest?
c.
Copies
of
the
landfill
invoice
(provided
that
tIme
landfill
acted
as
a
suhcontractor to the primary
contractor)’?
Would
the
additional
cost of cot leetimig
G PS
coordinates
to
deterniine
the
volume
of
the
excavated
material
be
considered
reimbursable
on
a
time
and
materia Is
basis pursuant
to section 734.850?
22.
It
is
l.,JSI’s
experiemice that offsite
investigations otien
require widely
vamying
and
unknown
scopes of work.
Would
the
Agency
consider
revising
the
Stihpart
H
pay
iteni
associated
wmth
preparation
and
suhniittal
of
a
Site
Investigation
Completion
Report
pursuant
to
734.845(b)(8)
to
T&M
if
completed
during
Stage
III
due
the
variability
and
inconsistencies
within this stage of work?
23.
Pursuant
to
734.320(b)(3)(A)
the
owner/operator
is
required
to
include
within
their
Stage
2
Site
Investigation
Plan
one
or
more
maps
detailing
hydraulic
gradient and
groundwater
flow
direction.
In
order
to obtain
this
inforniation,
an
additional
site
visit,
apart from
the
installation
of groundwater monitoring
wells,
is required
to collect the necessary
data.
Does
the
Agency
intend
to
revise
Subpart
H
to
include
a
pay
item
for
costs
associated
with
completing
a
survey of groundwater flow direction and gradient?
5/3/2005
Page 6 of
it)
ELECTRONIC
FILING,
RECEIVED,
CLERK’S OFFICE,
MAY
3, 2005
If
thic
Agency
hoes
not
initemid
to
n’c~ise
Stihhiart
H
to
inchude
a
pay
tern
for
these
costs, with what
current
Subpart
II pay
i tern are
these costs
associated’?
24.
I
mi
add
i tion
to
the
ia
If—day’
for
each
nioni toring
weh
I
tlril led
in
accordance
with
section
734.545(h)(2)( B)
arid
734.845(h)(6)( B),
would
the
Agency
em’ntertain
the
addition of one
(I)
additional
ha If—day
for each
requmired
trill to
the
site
inicludi rig:
well developmiient,
well
surveying,
amid
well
sauiiph inig’?
25.
It
is
mentioned
withini
the
Illinois
Pollutioni
Control
Board’s
‘‘Disctmssioui’’
notes,
page
80,
that
section
734.845(h)(5)
amid
(6)
will
he
deleted
fronu
the
regtnlatiouis
and
that
t
he
I a nguage
‘‘pay nient
lor
costs
associated
w ithi
Stage
3
site
i mivestigations
will
lie
reimbursed
pursuant
to
Section
734.850’’
~vi
I
I
he
added
in
its
place,
however,
this
hanguage
has
not
heeu’u
included
in
the
Board’s
proposed
section 734,545
(h).
Is
this
(iuui5sion
an error?
26.
In
Brian
Batuer’s
Prcfnled
Testimony
suhmi’mitted
Marchi
5.
2004.
Mr.
Batuer
indicates
that
‘‘neither
incidental
expenses
nor
dccontan’n
ination
charges’’
were
necessary,
thus the rate
for direct push
injeetiomis
is
siubstantial ly lower
thiami direct
ptnsh
soil
borings
(SI 5/ft
vs.
S
I 5/ft).
Based
on
(iur
exhierience.
costs
associated
witf’n
expenidahhe
items
will
not
chianuge
drastically
between
inivestigation
amid
injection
activities,
Althiotrgh
investigation
activities
utilize
expendable materials
used
only
for
sample collection,
injection
activities
utilize
expemidafile
points
to
prevent
soil
from
clogginig
the
injection
rod.
As
a
result,
the
cost
differential
between
these
two
activities
is
insignificamit.
Additionally,
decontauuiiuiation
between
imujection points is still
necessary to prevent cross contamination.
Wotild
the
Agency
he
willing
to
increase
the
per
foot
rate
for
Direct
Push
injections listed
in 734.820(a)
to SI 8.00/foot.
27.
Is
the
cost
for
the
placement
of
an
engineered
barrier
pursuant
to
742.1105
eligible
for reimbursement?
For the purposes
of reimbursement,
is it
required
that
the
design
of said barrier he
approved
by
the Agency prior
to
implementation?
If
yes, why
then
would
the
same proposed
rates not apply for
engineered barriers as
they do
for replacement of surface materials?
28.
It
is
our
understanding
that
conventional
groundwater
remediation
strategies
include the use of institutional controls.
What
other
groundwater
remediation
mechanisms
are
characterized
as
“conventional”
by
the
Agency?
Subpart
H
does not
include
a pay
item
inclusive
of these tasks.
Does
the
Agency
intend
to
revise
Subpar’t
H
to
include
a
pay
item
for
the
completion of activities pursuant
to 734.2 10(a)?
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ELECTRONIC
FILING,
RECEIVED,
CLERK’S OFFICE,
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3, 2005
If the
Agency
(hoes
riot
intend
to
revise
Stubpam’t
If
to
include
a
pay
item
ibm
these
costs, wit Ii
what ctrrrenl
Subpart
H
pay
item are these
costs assoc iatech’?
29,
Pursuant
to
734.340
an
owner/operator
may
choose
to
use
an
alternative
technology
for con’rective aetiomi
in
response to a
release,
In
the
event
the
c leantup
strategy
utilizes
both
comiventiona
I
and
alter-native
remedial
methods,
amid
the
o\vmier/operator
elects
to
strhmit
a
single
corrective
action
plan
(CAP)
inic htusive
of
both
technologies,
~viII
the
costs
associated
w itli
the preparation
and
stihmnission of the CAP
he
reimhitnn’sed
pLrrstuanit
to
734,85t)
(in
a
time and niaterials
basis’?
(Jr ~vil
I
the
owniem’/operator he required
to submit
two (2) (‘A Ps’?
If
two
(2)
CAPs
must
he
submitted,
will
die
Agenc~’consider
the
cost
for
the
conventional
technology
CA P
reimbursable
ptrrstna nt
to
734, 845(c )( I)
and
consider
the
cost
for
i lie
a hternative
technology
CA P
rei miihursalile
purstiant
to
734,850’?
30,
It
is
USI ‘s experienice
that
an Agency project manager may request
a groundwater
remuiediation CA P
be
proPosed
a fter
soil
remediationu
has
beemi
counpleted,
Would
the
strhmissioui ol
two
(2)
separate CAPs
he
reiuiuhtmrsed
purstranit
to
734. 845(e)( I)
for eac
I’m
stnhni it
Ui
I
independently’?
3
I
.
In accordance
‘with
734,355(c) any action by
the
Agency
to
require
a revised CAP
pursuant
to
734.355(b)
must
he subject
to
appeal
to
the
board
with
35
days
after
the Agency’s
final
actioni.
Should 734.355(c)
he revised to
include
budgets
as well as plans?
32. The
competitive
bnddung
requirements
provided
in
734.855
provide
an
alternative
means
for
establishing
the
maximum
payment amounts.
One
of the
requirements
of 734.855
(a)
is
that
any
hid
solicited
under
734.855
he
based
upon
the
same
scope of work as the
applicable
Subpart
H maximum payment
amounts.
Since
the
scopes
of work
have
not
been
defined
as
part
of
Subpart
H,
maximum
payment
amounts,
how are
the owners/operators to use
734.855 as
a
reasonable alternative
to determine
maximum payment amounts?
33.
Section
734.860
provides
that
the Agency may reimhurse an amount
in excess of
Subpart
H,
maximum
payment
amounts,
if
an
owner
or
operator
incurs
or
will
incur
eligible
costs
that
exceed
the
maximum
payment
amounts
set
forth
in
Subpart
H.
Since
no scope of work
is defined
in relation to
Subpart
H, niaximuni
payment
aniounts,
is
an
owner/operator
to
assume
that
all
costs
incurred
in
response
to
a
release
above
the
maximum
payment
amount
are
extraordinauy
or
unusual
in the definition of eligible under 734.675?
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ELECTRONIC
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3, 2005
34.
I-low
will
tIme Agenc
deteru’nine prevailing
u’narket
rates
purrsuamit
to
734,875?
35.
How does
the Agency
intend to collect the data
needed
to
require with 734,875’?
36.
Woumld
the Agency consider adjusting the
unaxiuntim
payment
amounts on January
I
of
each
year
mislead
ol’ July
1
of
each
year
so
that
it
wotuld
be
niore
cor’msistent
with
the
fiscal
year
most
often
Liti
I ized
by
private
huusiuiesses
( owmiers/operators
a mid
constn
I ta
its)’?
37,
Ii
the
iii
flaf ioui
flictor
in
a
given
year
is
greater than
it
1
the
adj tustrnent
in
the
nuaxi mu nfl
paymemit
aunount
unider 734. 57t
f
would
lie
Ii mu iled
to
5,
\Vh
not
adjust
by
the
increase
in
the
(TI
since
it
is
reflective
of
actual
market
c(in d
it
i
I
mis’?
35.
Wheni
enginieering
a
remedial
strategy
for
ami
active
station,
coniventional
technologies
are
often
not
applicable
(cx.
a dig
and
hitul
is
miot
possible
wheni
a
live
system
is
in
place),
therefore
one
mist
look
to
alternative
remedial
designs.
I
mu
rel’crence
to
Section
734.340(h),
an
owner/operator
must
suhnmit
a
buudget
that
denuonslrates
that
the cost
for
said
alternative
technology
will
not
exceed the
cost
of conveuitiona
I technologies.
Is
it
the
Agency’s intent to
hold an owner/operator
liable for
costs
in excess
of the
convemitional
technology
au’nount when a
convem’mtional
technology
is
not
feasible?
Wotuld
thus
cimcuimstance lie considered
extraordiuiary?
39.
Purstmant to
section 734.340(c)
what
is the Agency’s
inutent
iii
rendering
an
owuier/
operator
‘‘ineligible
to
seek
payment
for
the
sumhsequuent
performance
of
a
corrective
action
using
conventional
technology”
when
prior
approval
for
implementinig an alternative
technology
is not
first
attained?
Would
the
owner/operator
be
considered
ineligible
to
seek
payment
for
the
subsequent performance of an alternative
technology as
well?
40.
Pursuant
to
section
734.320(b)(3)(A-D)
and
734.325(b)(2)(A-D)
an
owner/operator is
required
to produce
one (I) or
more maps,
however,
no
limit is
placed
on
the
number
of maps
which
may
he
required.
Is
it
assumed
that
map
preparation
costs
are
to
be
included
within
the primary
reporting
lump sum
task
for each phase
(cx. EA-$4800,
Sl-Sl600/$3200,
CA-55l20)?
lfso,
how
can a lump sum
amount
be determined
if the scope of work (one (I) or
more maps) cannot he determined?
41.
Pursuant
to
734.835
Sample
Handling
and
Analysis~, costs
associated
with
transportation,
deliveny,
preparation,
analysis
and
reporting
of
samples
are
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ELECTRONIC
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CLERK’S OFFICE,
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3, 2005
ucinuhursahhe
costs
amid
shioumid
IlL’
Hilled
iii
accordamice
\\
tb
the
i’aics
listed
iii
734.A PPEN DIX
D.
Is
mu
the
Agency’s
imutenit that
the
per
sample rates
listed
may
lie
divided
uup
betweemu
the
entity doing
uhue transportationu, deliver. analysis,
etc.’?
42.
Whemu
determining
acceptable
depths
for
well
installationu
activities,
what
enitity,
Agemicy or consuluanut,
decides
\vhuat depth
is
stuff’icieuut?
43.
Ane
Subpart
I—I
unuit
rate
rei nuliursahle
amouunts
hi
I
lable
wi
thu
n
all
applicable
phuases of work’?
44.
Punstuauit
to
734.315
Stage
I
Site
Investigation,
734.320
Stage
2
Site
I n\cstigation.
and
734,325
Stage
3
Site
Investigation,
an
o\vner/operator
may
he
requu red
to advance soil
hon
mugs
iii
an attempt
to
lilly
del
immeate soil conitamunnation
present
on—site.
As
a
result,
what
conustitumtesa’’soil
boring’’’?
i.e
are
niuiuuinnuuuuu
(lepuhis
reqtuired or
mumst
specific
tool i mug
lie
umf il ized’?
45.
Ptumstmant
to
734.5
I
5
Free
Product
or
C roumuudwater
Remuiova
I
and
Disposal
and
734.83t)
Druun
Disposal.
anu
owner/operator
may
lie
reinuhuursed
for
costs
associated
with disposal
of petro leumun
couutaniiuated
soil
and/or
groummudwater
as
a
resumlt
of
drilling
activities.
Who
detenuuinues,
huowever,
whether
niuedia
shoumld
druiuuimned or disposed
of
imu
hun 1k?
46.
Pursuant
to
734.845
ProI’essional Consulting
Services.
luow
uiauuy
stubnunttahs
are
included
ia each
uun it rate report
i
mug pay
itemiu?
47.
Have
all
mates
associated
with
Suihpart
H
pay
items
heeni
historically
evalrmated
against
actuta
I
reimbu rscnuueiut
suubnuittahs’?
5/3/2005
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