RECEIVED

CLERK’S OFFICE

June

25,

2005

JUN 29 2005

STATE OF ILLINOIS

Pollution Control Board

Ms. Marie E. Tipsord

Hearing Office

Illinois100

W.

PollutionRandolph,ControlSuite

11-500Board

~)

C~~L4

Chicago, IL 60601

RE: Proposed Revisions to Leaking Underground Storage Tank Regulations R04-22 and

R04-23

Dear Ms. Tipsord:

We are writing you today because we are concerned aboutproposed revision by the

Illinois Environmental Protection Agency (JEPA) to the regulations that govern leaking

underground storage tanks (LUSTs).

My brother and I operated a marina in Oquawka, Illinois and a portion ofourbusiness

was selling gasoline to boaters. We complied with the State regulations for registering

underground storage tanks. In 1991 it was found that we had some leakage from the

tanks and at that time the tanks were removed. We hired an environment engineering

finn and had the soil and ground water tested to document the contamination. We have

paid out the required deductible of$10,000, which was a considerable sum ofmoney for

our small business.

We have continued to retain and environmental engineer and are now working with our

third environmental firm, United Science Industries, Woodlawn, Illinois. Over the past

fourteen (14) years our engineers have submitted several remediation plans to the IEPA

and all have been rejected. In once instance, it took so long to receive a response from

IEPA that the proposed technology became obsolete. At the present time our engineer is

revising our latest proposal so that it can be resubmitted to IEPA.

The proposedrevisions to the LUST Fund Regulations are grossly unfair to the

individuals that have LUST sites. We complied with all ofthe requirements and were

approved for LUST Fund reimbursement for cleanup costs over and above the $10,000

deductible. Ifthe revisions proposed by the IEPA increase the amount ofnon-

recoverable costs from the LUST Fund beyond ourdeductible, we are adamantly opposed

to those revisions. To increase our non-recoverable costs from the LUST Fund will be a

significant hardship, for both ofus. We are both retired ‘and are 64 and 68 years ofage

living on fixed incomes.

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Ifthe intent ofthe proposed revisions is to contain remediation costs thenthere must be

other considerations than shifting unreimbursed costs to the backs ofthe private property

owners. We would suggest that EPA revisit this matter and identify a better means to

achieve their goals. We would strongly suggest that IPCB reject the current proposal and

demand that any future proposedrevision be appropriately supported by scientific and

statistical data to ensure that cost are controlled without posing fmancial threats to the

private individuals who are unfortunate enough to own LUST sites.

We would appreciate your careful review and consideration ofthis matter.

Sincerely,

Kent Devore

Hal Devore

Former owners of:

Devore Marina, Inc.

P0 Box 216

Oquawka, IL 61469