RECEIVED
A
C E
C
CLERKS OFFICE
AMERICAN (:OUNCI L OF
ENC IN Cl ti T’~t (0N1 ‘ANI F~
AUG 262005
of
Illinois
STATE OF ILLINOIS
Pollution Control Board
August 23, 2005
Ms. Marie Tipsord
Hearing Officer
Illinois Pollution Control Board
Thompson Center
,~
.-1+.t-
100 West Randolph, Suite 11-500
Chicago, IL 60601
Re: Written comments pertaining to R04-22 (UST Rulemaking) and R04-23 (UST
Rulemaking Consolidated)
Dear Ms. Tipsord:
I am writing on behalfof the American Council of Engineering Companies ofIllinois
(ACEC-Illinois), a statewide association of 230 engineering firms that together employ
over 8,500 engineers, architects, scientists and support personnel, regarding the proposed
rules for the Underground Storage Tank program. We have two issues. The first deals
with Qualifications Based Selection ofprofessional services, as opposed to price bidding.
The second pertains to the lack of a clearly defined scope ofwork to coincide with the
flat rate fee structure proposed by IEPA.
The Agency intends to bid the professional services as outlined in Subpart H 734.85
5.
This is not commensurate with federal and state policy wherein professional services of
this nature are procured from private firms based upon qualification factors. The federal
Brooks Act, dating to 1971, requires all federal agencies to use Qualifications Based
Selection when procuring design services. In many cases, other federal laws require the
same of state and local govermnents when using federal funds. The Illinois
Qualifications Based Selection Act requires state agencies, including IEPA, to use
Qualifications Based Selection when selecting design firms. The Local Government
Professional Services Selection Act requires local governments to use QBS.
The QBS process is recommended by the American Bar Association in their Model
Procurement Code. Most design professional associations and the major public works
associations recognize it. Thus, it appears unreasonable for the Agency to require
bidding by private tank owners when it clearly goes against public policy outlined for
government agencies. On behalf of ACEC-Illinois, I would request that professional
services be exempted from the bidding requirement outlined in Subpart 1-1 734.855 as it is
contrary to current law and practice.
522! South Sixth Street Road, Suite 120 • Sptingfield, Illinois 62703-5742
Phone: 217-529-7430 • Fax: 217-529-2742 • Email: acec-il@acec-i!.org • Website: www.acec-iLorg
Regarding definition of scope of work, ACEC-Illinois has a continuing concern with the
lack ofclear delineation ofthe scope of work Ibr professional services proposed at
732.845/734.845. In our opinion, discussion and agreement on a scope ofwork for each
work task during the rule development phase would greatly reduce time spent by
consultants, the Agency and the Illinois Pollution Control Board resolving related issues
during implementation ofthe rule. A defined scope ofwork would provide guidance for
evaluating whether a circumstance is unusual or extraordinary resulting in the submittal
offewer unwarranted demonstrations pursuant to 734.860. The number of appeals to the
Board would correspondingly be reduced. We request that the Board add “scopes of
work” to the rule as an Appendix using the detailed information provided in Attachment
B to Daniel J. Goodwin’s May II, 2004 Pre-filed Testimony and supplemental
information provided by other Testimony and Comments.
The maximum amounts are tow for some tasks based on the estimated hours provided in
Attachment B to Daniel J. Goodwin’s May Il, 2004 Pre-filed Testimony and the hourly
rates in the Proposed Rule. Specific examples include
$500
for the preparation of reports
pursuant to 734.845 (a)(3)(6), $160 for well surveys pursuant to 734.845 (b)(7) and $390
per half-day for fieldwork and oversight.
Report preparation includes the tabulation of data and preparation ofa site map showing
the property lines ofthe site, the adjacent sites and any.other sites that may be adversely
affected. Subcontracting of a registered land surveyor would often be necessary to
accurately determine the property line locations as required by rule and the cost for this
alone would be greater than $500.
The well survey includes obtaining records from the Illinois State Geological and Water
Surveys, tabulating the information and preparing a map to show the well locations.
Once the fees for records have been paid there is little time at the proposed personnel
rates for evaluating and reporting the results.
The $390 per half-day for field work and oversight for Early Action, Stages I through 3
and Corrective Action is not adequate to cover a field geologist, oversight by more
experienced personnel for critical elements and the necessary equipment and materials.
Equipment and materials costs are typically on the order of $100 to $200 per day and
include rental of a photo ionization detector and water level indicator, bailers, protective
clothing and decontamination materials. If a Geologist I at $70 per hour (Appendix E)
performs the drilling oversight and logging, then there would be little or no remaining
money for a more senior person.
There is no discussion in
734.845
about well development, aquifer testing or groundwater
sampling, all ofwhich are necessary site investigation activities. Clarification is needed
on the whether these activities will be reimbursed pursuant to 734.850 or will have
maximum payment amounts. A trip should be allowed for well development after the
concrete has set. Another trip should be allowed for sampling at least a couple days after
well development, depending on the aquifer, to obtain representative ground water levels.
Aquifer testing can typically be done during the groundwater sampling trip.
2
Finally, 734.845(a)(5) indicates that Stage 3 site investigations will be reimbursed
pursuant to Section 734.850 (Payment on Time and Materials Basis), yet 734.845(b)(6)
specifies maximum payment amounts for Stage 3 fieldwork and oversight.
Thank you for this opportunity to comment. Please feel free to contact us if you have any
questions.
Sincerely,
David E. Kennedy
Executive Director
/dek
Attachment
3
ATTACHMENT B
Early Action Task
List
-
Other Direct
20 Day Certification and 45
Day Repat
Preparation
Tasks
Expenses
Set
up project
file
(obtain general project
data address, contact
info,
etc.)
Set up project
status
tracking sheet
Prepare
site health and
safety
plan
Prepare 20 Day
certification
Call J.U.L.I.E and
I
or municipality for utility locate
Prepare CAD
map(s)
Copy charges /
FOR IEPA
and
for OSFM records
postage
Obtain well
records
from ISGS
and
ISWS
Record costs / postage
Review well records
and
prepare well location map
Obtain
local
information (i.e.. Sanborn
maps,
Aerial overlays, etc.)
Document costs
Determine
expected
local site geology (subsurface soil conditions)
Prepare cross section
Draft
45 Day report (tables and narrative), provide data concerning:
Naturn
and estimated quantity
of release
Surrounding populations
General water
quality
Use and appmx. location of wells potentially affected by the rn/ease
General subsurface soil conditions
Locations ofsubsurface
sewers
Climatological conditions
Past, presentand potential Mum land
use
What was done to evaluate presence ofcontamination
Actions taken to prevent further release of substance into
environment
Analytical/screening
results
(in tabular format)
USrlnfom,ation (in tabular
format)
Word processing
Prepare and describe
photos
Film / photo finishing
45
Day
report
review by PM or other senior staff
General correspondence with client and Agency
Postage
Project update to client
Mail draft 45 Day
report
to 0/0 for review and signature
Postage
Make Copies of final 45 Day report fordistribution
Copy charges
Deliver completed 45 Day
report
to IEPA and
0/0
Postage
Initial site vIsIt by PM or other senior staff
Daily
charges
Site vlsft by technIcian or scientist to
prepare
site
map(s)
Daily charges
Ad Hoc
Committee’s Total
Office Labor
Hour Estimate: 60
Other
Direct
Early Action UST
Removal/Excavation
Tasks
Expenses
Prepare
waste
profile
(arrange
for
landfill approval)
Determine EA excavation
limits
14
Arrange for excavator (tank removal contractor)
Prepare
waste manifests
(or tracking forms)
Project scheduling
Collect
sample
for waste
profile (landfill approval)
Daily charges
FIeld
oversight
and
sampling(LIST
removal!
EA excavation)
Daily charges
I
Ad
Hoc Commits’s
Total
OfficeLabor
Hour
EstImate:
12
Free Product Recovery
Task List
Time &
Free Product Recovery Preparation Tasks
Material
Free Product Recovery Fieldwork
Daily chargis
Direct
Free Product Recovery Report Preparation Tasks
Expenses
Draft tree product recovery report (tables and narrative), provide data
conceming:
Name(s) ofperson(s) responsible for implementing free product recovery
Estimated quantity, type and thickness of free product observed
Type of free product recovery system used andjustification for method
Whether discharge will take place during recover, and location of discharge
Treatment type applied to any discharge and effluent quality expected
Steps taken /
required
to obtain necessary permits for discharge
Final disposition of recovered free product
Table showing dates of free product recovery and quantityrecovered
Copies of waste manifests
Site map(s) to scale and oriented north showing:
USTsystem(s) and excavation
Product and dispenser fines
Pumps and islands
Underground utility lines (sewer, gas, water, etc.)
Nearby structures (buildings, roads, etc,)
Soil boring(s)
Monitoring well(s)
Locations where free product was encountered& estimated thickness
Location of recoverypoints
Location of the treatment unit
Location of discharge points
Property boundaries
Word processing
Free
product recovery report
review by PM or other senior staff
General correspondence with client and Agency
Postage
Project update to client
Mail draft free product recovery
report
to 0/0 for review and signature
Postage
Make Copies of final free
product
recovery report for distribution
Copy charges
Deliver completed free product recovery
report
to IEPA and 010
Postage
15
Ad
Hoc
Committee’s Total
Office Labor
Hour
EstImate:
32
Low
Priority Corrective
Action Task
List
Low Priority Ground Water Monitoring Plan Preparation Tasks
Draft LI’ SW monitoring plan (tables
and narrative), provide data
concerning:
Proposed time table for well installation, sampling and report submittal
Discussion of monitoring well development procedures
Discussion of monitoring well sampling procedures
Activities that will be taken to prevent samplecross-contamination
Adequacy of the monitoring well configuration to detectcontaminant
migration
~Site
map(s)
to scale and
oriented north showing:
UST system(s) and excavation
Product and dispenser llnes
Pumps and islands
Underground utility lines (sewer. gas, water, etc.)
Nearby strictures (buildings, roads, etc,)
Location of soil boring(s)
Location ofmonitoring well(s)
Properly boundaries
Radius of200 feet from the excavation
Word
processing
Prepare budgetforms
LP
SW
monitoring plan
& budget review by PM or other senior staff
General correspondence
with client
and
Agency
Project update to client
Mail draft LP SW monitoring plan & budget to
0/0
for review and signature
Make Copies of final LP SW monitoring plan & budget for distribution
Deliver completed LI’ (3W monitorina
clan
& budget to JEPA and 0/0
f
Ad
Hoc
Committee’s Total Office Labor
Hour
EstImate: 40 I
Low Priority Ground Water Monitoring Fieldwork
Direct
Expenses
Postage
Postage
Copy charges
Postage
Daily charges
Low Priority Ground Water Monitoring Report Preparation Tasks
Draft LP SW monitoring plan
(tables and narrative),
provide data concerning:
Description of implementation & completion of all elements ofplan
Description of well development, sample collection, presentation & analysis
Analytical results in tabular format
Copies of laboratory reports
Copies of laboratory certifications
Ground water elevations in tabular format
Monitoring well logs
Completed chain-of-custody form(s)
Site
map(s) to scale
and
oriented north showing:
UST system(s) and excavation
Product and dispenser lines
Direct
Expenses
16
Pumps and islands
Underground utility lines (sewer, gas, water, etc.)
Nearby structures (buildings, roads, ow,)
Location ofmonitoring
well(s)
Direction ofgroundwater flow
(groundwater
contouring)
Property boundaries
Radius of200 feet from the excavation
Word processing
LI’ SW monitoring
report review by PM or other senior staff
General correspondence with
client
and
Agency
Postage
Project update
to client
Mail
draft
LP SW
monitoring report
to 0/0 for review and
signature
Postage
Make Copies of final LI’ SW monitoring report for distribution
Copy charges
Deliver completed LI’ GW monitoring report to IEPA and 0/0
Postage
Ad Hoc Committee’s Total
Office
Labor Hour Estimate:
32
High Priority Corrective Action Task List
Conventional (Dip & Haul) Corrective Action Plan and Oversight Tasks
Direct Expense~
Prepare waste profile (arrange for landfill approval)
Mall waste profile to 0/0 forreview and signature
Prepare (update) site health and safety plan
Determine limits of excavation
Estimate quantity
of contaminated soil to be disposed of
Estimate quantity of “clean’ overburden to be stockpiled (if any)
Draft
Corrective
Action Plan (tables and narrative), provide:
Description of activities performed to define extent of contamination
Analytical results and cleanup objectives in tabular format
Laboratory reports
Boring logs
Monitoring well logs
Discussion of how corrective action plan shallremediate the release
List of sampling parameters and corresponding remediation objectives
Basis for determining sampling parameters and remediation objectives
Media sampling plan to verify completion of remediation
Current and Mum use of property
Proposed preventive, engineering and institutional controls
Schedule for implementation and projected completion of the plan
Engineering diagrams, calculations, site maps, etc.
Site map(s) to scale
and oriented north showing:
Soil sample locations
Monitoring welllocations
Plume ofsoil and groundwater contamination
Word
processing
Prepare
budget forms
CAP & budget
review
by PM or other senior
staff
Prepare RE. / P.G. & 0/0 Budget Certification
General correspondence
with
client and Agency
Postage
Project update to client
17
Mail draft
CAP & budget to
0/0
for
review
and signature
Make Copies
of final CAP & budget for
distribution
Deliver completed CAP &
budget
to
IEPA
and 0/0
Arrange
for
excavator
Arrangefor trucking (transportation)
An’ange
for backfill
Prepare waste manifests (or tracking forms)
Project scheduling
Call J.IJ.L.I.E and / or municipality for
utility locate
Prepare
(finalize) field notes
Prepare
and describe
excavation photos
Collect sample for waste
profile
(landfill approval)
Field
oversight
and excavatIon sampling
Ad Hoc Committee’s Total Office
Labor
Hour Estimate:
64
Postage
Copy chaises
Postage
Film
I
photo
finishing
Daily charges
Daily charges
Alternative Technoloq’j Corrective Action Plan Tasks
Time & Material
TACO Tier Il or Tier Ill Evaluation / Calculation Tasks
Time &
Material
Conventional (Dig and Haul)Corrective Action Completion Report Preparation
Tasks
Prepare CAD map(s)
Draft
Corrective Action Completion Report (tables and narrative), provide:
Chronological narrative of corrective action activities
Explanation of how the corrective action activities remediated the release
Discussion of how the remediation objectives were determined
Media sampllng and analytical procedures to verify completion of remediation
Analytical results and remedlation objectives in tabular format
Laboratory reports
Soil boring logs
Monitoring well logs
Laboratory certification
Professional Engineer CertIfication
Owner! Operator & Property Summary
Photographs documenting corrective action activities
Word processing
Prepare and
describe
photos
Obtain legal description of property
Obtain property tax identification number
CACR review by PM or other senior staff
General correspondence with dient and Agency
Project update to client
Mail
draft
CACR to 0/0 for review and signature
Make Copies of final CACR for distribution
Deliver completed CACR to IEPA and 0/0
Record NFR letter
Make Copies of recorded NFR letter for distribution
1$
Direct
Expenses
Film / photo
finishing
Postage
Postage
Copy charges
Postage
Recording
costs
Copy charges
Deliver recorded
NFR letter to IEPA and
0/0
Site visit
by
technician
or
scientist to prepare site map(s)
Daily c
je
I
Ad
Hoc
Committee’s
Total
Office Labor
Hour
Estimate:
64 I
Reimbursement
Request Preparation
Task
List
Direct
Reimbursement Request
Preparation Tasks
Expenses
Prepare OSFM eligibility and deductible application
Mail draft eligibility and deductible application to 0/0 for review
and
signature
Postage
Deliver completed eligibility
and
deductible application to OSFM and 0/0
Postage
Setup reimbursement file
Review & process subcontractor
invoices
Cost
and budget tracking
Draft
LUST reimbursement claim request
Reimbursement claim review by PM or other senior
staff
Prepare P.E. / P.G. & 0/0 Billing
Certification
General correspondence
with
client and Agency
Postage
Mail draft reimbursement claim to 0/0 for review and signature
Postage
Make Copies of completed reimbursement claim for distribution
Copy charges
Deliver completed reimbursement claim to IEPA and 0/0
Postage
p
Ad Hoc Committee’s Total Office
Labor
Hour Estimate:
32
I
19
