3~40Finley Road

Downers Grove, IL 60515

630.795.3200

Fax: 630.795.1130

VIA U.S. MAIL

August 2, 2005

Marie E. Tipscord

Hearing Officer

Illinois Pollution Control Board

100

West Randolph, Suite 11-500

Chicago, IL 60601

Subject:

Dear Ms. Tipscord:

4Claytoif

GROUP SERVICES

RECEIVED

CLEBK’S OFFICE

AUG g3 2005

STATE OF ILLINOIS

Pollution control Board

Proposed Revisions to Leaking Underground Storage Tank Regulations at

Part 732 and New Regulations for Leaking Underground Storage Tanks at

Part 734, R04-22 and R04-23.

Clayton Group Services, Inc. (Clayton) has prepared this correspondence in regards to the

illinois Environmental Protection Agency’s proposed and new regulations referenced

above. Clayton has reviewed the proposed maximum payment amounts for eligible

corrective action costs and has found many of the amounts, especially subcontracted

services (e.g., UST removal, soil excavation and disposal), substantially lower than

competitive prices for the Chicago area. The bidding process described in the regulations

where three competitive bids from subcontractors or for portions of the work that cannot

be completed for the maximum amount would be an extremely cumbersome process. In

addition, it is unclear whether the costs associated with preparing the bid specifications,

conducting associated pre-bid site visits, and reviewing the bids would be eligible for

reimbursement. Clayton would not bid a LUST project if payment were based on the

maximum payment amounts or be subject to the bidding process. Clayton is an

environmental consulting firm that has been in business for over 50 years, and has been

operating in illinois since before the first illinois LUST regulations were enacted in 1988.

If you would like additional feedback, please contact me at 630/795-3209.

Sincerely,

Gary

It Pcrkowitz, P.G.

Manager

Environmental Services

7e.

LUST Reimbursentnt

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