REc~vED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
JUN
242005
OF THE STATE OF ILLINOIS
STATE OF ILIJNOIS
POlj~ti~~
Control
B
13 EAST QUICK STOP,
)
oar
)
Petitioner,
)
)
v.
)
PCB05~-(~
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
TO:
John Kim
Special Assistant Attorney General.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box
19276
Springfield, Illinois 62794-9276
PLEASE
TAKE
NOTICE
that
on June
24,
2005,
filed with
the
Clerk of the Illinois
Pollution
Control
Board
of the
State
of Illinois
an
original,
executed
copy
of a
Petition
for
Review of Illinois Environmental Protection Agency Decision.
Dated:
June
24,
2005
Respectfully submitted,
13 East
Quick Stop
By:
~
~
One of Its Atto~eys
Carolyn S. Hesse
Barnes
& Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
277869v1
This
filing submitted on recycled paper as defined in 35
Ill. Adin. Code
101.202
CERTIFICATE OF SERVICE
I,
on
oath
state
that
I
have
served
the
attached
Petition
for
Review
of
Illinois
Environmental Protection Agency Decision by placing a copy in an envelope addressed to:
John Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield,
Illinois 62794-9276
from
One North Wacker
Drive,
Suite
4400,
Chicago,
Illinois,
before the hour of 5:00 p.m.,
on
this
24th
Day of June, 2005.
Carolyn S. He~e
This
filing submitted
on recycled paper as defined in
35
III.
Adm. Code 101.202
2
BEFORE
THE POLLUTION
CONTROL BOARD
OF THE
STATE OF ILLINOIS
JUN
2 42005
13
EAST QUICK STOP,
)
STATE
OF
lLL~4”(S
Pollution
Cori~roi
~~ra
Petitioner,
)
v.
)
PCB
05-a-_i~~
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PETITION FOR REVIEW
OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISION
13
East Quick
Stop,
by
its
attorney,
Carolyn S. Hesse of Barnes
&
Thornburg,
pursuant
to
the Illinois
Environmental
Protection Act,
415
ILCS
5/1
et.
seq.
(the
“Act”) and
35
Illinois
Administrative
Code
Section
105.400
et.
seq.,
hereby
appeals certain decisions
by the Illinois
Environmental
Protection Agency (the “Agency”).
1.
13
East Quick
Stop
is the owner of underground storage tanks (USTs)
at a
former gasoline
service station
located
on
Route
13
East,
Crab
Orchard,
Williamson
County,
Illinois
(the
“Station”).
The
address is
19200
Crab
Orchard Road.
The USTs stored
gasoline.
2.
LUST
Incident
Number
20030299
was
obtained
following
a
site
investigation.
The
site
has
also
been
assigned
LPC
#1998545006-
Williamson County.
3.
On January 24,
2005,
the Agency
received a
Corrective Action Plan
(the
“Plan”)
and
Corrective
Act
Plan
Budget
(the
“Budget”)
to
perform
corrective action at the
Station.
This
filing submitted
on recycled
paper
as
defined in 35
Ill. Adm.
Code
iO1.202j
4.
By letter dated May 23, 2005 (the “Letter”),
the Agency modified the Plan
and rejected the entire Budget.
See
Exhibit A.
5.
In
Attached
A
to
the
Letter,
the
Agency
requests
detailed
information
about
various
elements
of
the
Budget.
This
detailed
information
is
typically
not
obtained
when
a
Budget
is
developed.
Rather,
Petitioner’s
consultant
uses
its
experience
to
make
the
cost
estimates
necessary
to
develop the Budgets.
6.
The
Agency
.
has
historically
approved
budgets
containing
the
same
amount ofdetail as in the Budget.
7.
The Agency
is
not
authorized under the Environmental
Protection Act
or
current
regulations
at
35
Ill.
Admin.
Code
732
to
request
the
detailed
information
that
is
requested
in
the
Letter
and,
thus,
the
Agency
is
exceeding its statutory authority.
8.
The Agency’s
actions
are arbitrary
and
capricious
and
without authority
under the Environmental Protection Act.
This
filing submitted
on recycled
paper as defined in 35 III. Adm. Code
101.2021
2
WHEREFORE,
13
East Quick
Stop
respectfully requests
that
the
Board
enter an
order
requiring the Agency to
approve the Budget
that
was denied in the May 23,
2005
letter
and for
Petitioner’s attorneys’ fees and costs
in bringing this appeal.
Respectfully submitted,
13 East Quick Stop
By:
(~‘
~
~
~
O~ofIts Attor~
Carolyn S. Hesse, Esq.
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
277867v1
This
filing submitted on recycled paper as defined
in
35
III. Adm. Code 101.202
-
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03/20/1994
17:63
2175229099
CNN
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ENVIRONMENTAL
PROTECTION
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13 East Quick Stop
Attn:
James fl
Lawrence
.
.
-
P.O.
Box
3
Cambria, Illinois 62915
Rs:
LPC Th99854500$
--
Williamson County
Crab Orchard/i 3 East Quick Stop
L_.
..~..
-
Rt.
13
East
LIJST Incident No. 20030299
LUST Technical File
Dear Mn Lawrence:
The Illinois Environmental Protection Agency (Illinois
EPA) has
reviewed the Corrective
Action
Plan (plan) subrnirted for the above-referenced
incident.
This plan. dated January 24. 2005. 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 92-0554
00
June 24.
2002, and
35 Illinois Administrative
Code (35 III. Mm.
Code).
The Illinois EPA requires modification of the plan; therefore, the plan is conditionally approved
with the Illinois EPA7s modifications.
The following modifications are necessary,
in addition to
those provisions already outlined in the plan. to demonstrate compliance with Title XVI of the
Act (Sections
57.7(b)(2)
and 57.7(c) of the Act and 35
Ill.
Adm.
Code 732.503(h)):
I.
The plan proposes
installing two
15-foot monitoring wells and reinstalling
seven.
15-foot
tnonitoring wells; however, the groundwater level has been identified
as historically
being
12
feet below ground
surface. The generally accepted engineering practice has
been
to install the monitoring well screens so that it is bisected
by the groundwater table.
Based on tins practice the proposed depth of
15 feet may not be deep enough to achieve
the proper screen depth for the expected groundwater table.
2.
The plan proposes the removal
of seven monitoring wells from the
area
to
he excavated.
Once the
area is backfihied,
the plan proposes that these
seven monitoring wells he
reinstalled in the
approximatevicinity of the wells locations prior to thcir removal. The
Illinois EPA approves the installation of proposed
monitoring well MW-lR within the
backfilled area
as a reference point forthe source
area. This monitoring well must be
installed in
a location at the approxi~nate
center of the
excavation and screened
such that
the well monitors the groundwater and the native soil beneath the backfill material
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Monitoring well MW-9
is approved, to the west of the proposed location
outside the
excavation area. Monitoring well MW-SR is approved to the south east of the original
location, outside the excavation area.
Monitoring wells MW-2R, 4R. SR. 6R and
7R are
denied.
Please note that all activities
associated with the remediation
of this release proposed
in the plan
must he executed in accordance with
all
applicable regulatory and statutory
requirements.
including compliance with the proper pertnits
In addition, the budget
is rejected for the reason(s) listed
in Attachment
A (Sections 57.7(h)(3)
and 57.7(c)(4) of the Act and 35 iii. Mm.
Code 732.503(b)).
If the owner or operator agrees with the Illinois EPA’s modifications, submittal of an
amended
plan and/or budget. if applicable. is not required (Section 57.7(e)(4) of the Act and 35
Ill. .Adm.
Code 732.503(fl).
Additionally, pursuant to Section 57.8(a)(5l of the Act, if reimbursement will
be sought for any additional costs that may he
incutred
as a result of the
Illinois EPA’s
modifications, an amended budget must be submitted.
NOTE:
Punended plans andlor budgets must be submitted and approved prior to the issuance of
a No Further Remediation
(NFR)
Lerten
Costs associated with a plan or budget that have not
been approved prior to the issuance of an NFR Letter
will
not be reimbursable.
Pursuant to Sections 57.7(h)(5) and 57.12(c) and (d) of the
Act and
35
III.
Adm. Code 732.100
and 732.105, the Illinois EPA requires that a ColTective Action Completion Report that achieves
compliance with applicable rernediation
objectives be submitted within 30 days after completion
of the plan to:
Illinois Environmental Protection Agency
Bureau of Land
-
#24
Leaking Underground Storage Tank Section
1021
North Grand Avenue East
Post Office Box
19276
Springfield. IL
62794-9276
Please submit all correspondence
in duplicate
and include the
Re: block shown at the
beginning
of this letter.
Please note that, if within four years after the approval ofthis plan, compliance with
the
applicable remediation objectives has
not been achieved and a Corrective
Action Completion
Report has not been
submitted, the Illinois EPA requires the submission of n status report
pursuant to Section 57.7(b)(6) of the
Act,
as.a~~
~
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93/20/1994
17:53
2175229999
CWM
FAGE
04
P&ge
3
An
underground.storage tank system owner or operator ma’
appeal this decision
to
the Illinois
Pollution Control
Board.
Appeal rights are
attached.
If you have any questions
or need
ftsrther assistance, please contact Jay F.
Gaydosh at 217-785-
0231.
Sincerely,
~M44~
4 ~43a~
Hernando
A-
Alban-acin
Unit Manager
Leaking Iindes-ground
Storage Tank Section
Division of Remediation Management
Bureau of Land
HA.A:JFG\2003 0299
CAP
& Budget
Review Letter
Attachment:
Attachment A
Appeal Right~
cc:
CW3M Company
Division
File
4-
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~
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03/20/1894
17:53
2175228983
CWM
FA’3E
as
Appeal Rights
An underground storage tank owner or operator may appeal this final decision
to the
Illinois
Pollution Control Board pursuant to
Sections 40 and 57.7(c)(4)(D)
of the Act by flling
a petition
for a hearing within
35
days after the date of issuance of the
final decision.
However, the
35-din’
period may be extended for
a period of time not
to exceed 90
days
by written notice front
the
owner or operator arid the
Illinois EPA within
the initial 35-day appeal period,
lithe owner or
operator wishes to reQeive a 90-day
extension. a written request that includes a statentent of the
date the final decision was received.
along with a copy of this decision. must
‘no sent
to the
Itlinois EPA as soon as possible.
For information regarding the filing nian
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 informationregarding the filing of an 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
83/28/1994
17:53
2175228889
OWM
FAGE
SE
Attachment A
Ike:
LPC
#1 998545006
—
Williamson
County
Crab Orchard/i 3 East
uick Stop
Rt
13 East
LUST Incident No. 2003(12 99
LUST Technical File
Citations in this attaciment are front the Environmental
Protection Act (Act).
as
amended by
Public
Ae.t 92-0554 on June 24, 2002.
and 35 Illinois Administrative
Code (35
Ill. Adm.
CndeY
The plan budget is rejected for the
following
reason(s):
The
budget includes costs
that
lack supporting documentation (35 Ill. Adn’i.
Code
732.606çg)).
A corrective action plan budget
must
include. hut not he
limited to.
an
accounting of all
costs associated with the implementation
and completion of
the
corrective
action plan (Section 57.7(11(3) of the Act).
Since there is no supponmn~
documentation of costs. the Illinois
EP.A cannot detennine that costs will
not
he used
for
activities in excess of those required
tn meet the minimum requirements
of Title XVIof
the Act (Section 57.7ox’S) of the Act and 35 Ill. Adm.
Code 732.505(c) and
732.606(o)).
In order to
conduct a full
financial review ofproposed costs for corrective uction. the
Agency
requests the following information he submined:
1.
Provide an explanation for each personnel
n-tie the responsibilities
involved with
“Site Investigation/MW Replacement’Sarnple/Sun’ey”. “Excavation
Activities”.
‘Packfill Activities”. “1EPA Rep.’Data Management/CAPICAR/Bls’WCRS’.
and
“Reimbursement Claim Preparation”.
2.
Provide an explanation for each personnel title regarding the number oihnurs
proposed for the
completion ofthe
tasks identified
in number
1.
3.
Provide a copy of the subcontractor cost estimates for excavation, transportation,
disposal and hackfilling activities.
Explain what factors were used in detennining
the
subcontractor’s cost. estimate,
This explanation must be provided
in
a ‘dine
and materials format.
4.
Provide the address of the landfill
to be contracted for soil
disposal along with
a
cost estimate from the landfill for disposal
of 5.856.l1
tons of soil.
5.
Provide a copy of subcontractor cost estimates associated
with
concrete
replacement in
a time and materials format.
6.
The plan proposes
mileage, Per Diem and overnight accomntodations for CW3M
personnel. Provide documentation justi.fi’ing the proposed
mileage costs in
addition to per diem and motel stays.
Equipment operator costs
are nonnally
~b
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87
83/28/1994
17:53
21 /5228885
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addition to per diem and motel stays. Equipment operator costs are normally
included
within the estimates for subcontractor quotes regarding
the completion
ofsubcontracted work. Explain, to the Illinois
EPA, why operator mileage, per
diem and motel costs
are
included Other Costs.
7.
Provide documentation supponing the use and quantity of truck liners for hauling
clean
backfill.
HAA:JFG\20030299
CAP & Budget Review Letter Attaclunent A
