V
.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
.
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
DOWNTOWN SHELL
(G REEN V IL.LE),
Petitioner,
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 Wednesday, December 7, 2005, we 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
.
Respectfully submitted,
Downtown Shell/Greenville
ne of Its Atta neys
Dated: December 7, 2005
By
:
Carolyn S . Hesse
Barnes & Thornburg LLP
One North Wacker Drive, Suite 4400
Chicago, Illinois 60606
(312) 357-1313
PCB 06-38
(UST Appeal)
NOTICE OF FILING
Dorothy Gunn
Clerk of the Board
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
[This filing submitted on recycled paper as defined in 35 III. Adm. Code 101 .103(d).l
RECE IVED
DEC 0 7 2005
STATE OF ILLINOIS
Pollution Control Board
CERTIFICATE OF SERVICE
It is hereby certified that a true copy of the foregoing Petition for Review of
Illinois Environmental Protection Agency Decision was mailed, first class, to the following on
December 7, 2005
:
John Kim
Carol Webb
Special Assistant Attorney General
Hearing Officer
Illinois Environmental Protection Agency
Illinois Pollution Control Board
Division of Legal Counsel
1021 North Grand Avenue East
1021 North Grand Avenue East
P.O. Box 19274
P.O. Box 19276
Springfield, IL 62794-9274
Springfield, IL 62794-9276
It is hereby certified that a true copy of the foregoing Petition for Review of
Illinois Environmental Protection Agency Decision was hand delivered to the following on
December 7, 2005
:
Dorothy Gunn
Clerk of the Board
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
Carolyn S . Hesse
Barnes & Thornburg LLP
One North Wacker Drive, Suite 4400
Chicago, Illinois 60606
(312)357-1313
[This filing submitted on recycled paper as defined in 35 111. Adm. Code 101.103(d) .]
CHDS01 CSH 307855v!
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
DOWNTOWN SHELL
)
(GREENVILLE)
Petitioner,
)
v .
)
PCB 06-38
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
(UST Appeal)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISION
Downtown Shell (Greenville) ("Downtown Shell"), 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
.
Downtown Shell ("Petitioner"), is the owner of a former gasoline service
station located 317 W. College Avenue, Greenville, Bond County, Illinois
(the "Station") .
This gasoline service station had underground storage
tanks (UST's) on the property, which stored gasoline, used oil and
kerosene
.
2
.
LUST Incident Number
982949
was
obtained
following
a
site
investigation. The site has also been assigned LPC #0050055056-Bond
County .
3
.
On April 7, 2005, CW 3M, the contractor hired by Downtown Shell to
assist it with corrective action at the Station, sent to the Agency a High
RER
K,'S
VIE D
DEC 0 7 2005
STATE OF ILLINOIS
Pollution Control Board
(This filing submitted on recycled paper as defined in 35 III . Adm. Code
1 0 1 .202/
Priority Corrective Action Plan and Budget to perform corrective action at
the Station .
4
.
On August 5, 2005, the Agency sent a letter to Petitioner rejecting the
April 7, 2005, High Priority Corrective Action Plan and Budget (the
"Letter") . The Letter included a list of additional information requested
by the Agency and acknowledged that the corrective action included
bioremediation
.
(See
Exhibit A .)
5
.
The Letter listed a number of questions/comments, including questions
about the contents of the bioremediation slurry and level of oxygen in it
.
6 .
CW3M, on behalf of Petitioner, had already provided to the Agency
information relating to the bioremediation slurry and the Agency's Letter
acknowledged that a list of materials that may be in the slurry had been
provided
.
7 .
CW3M on behalf of Petitioner had explained to the Agency previously that
the exact concentrations of ingredients and other specifications for the
bioremediation slurry vary from site to site and from time to time at the
same site .
The specifications for a particular bioremediation slurry
mixture to be injected are determined only after testing and analyzing site
conditions, which change over time and vary between sites .
8 .
The Agency's letter of August 5, 2005, provides no additional information
regarding why IEPA disapproved a remediation technology that it had
approved previously
.
This filing submitted on recycled paper as defined in 35 111. Adm. Code 101 .2021
2
9
.
The Agency's August 5, 2005, letter includes an attachment labeled appeal
rights as the Agency's decision is a final decision, appealable to the
Illinois Pollution Control Board .
10
.
Petitioner is appealing the Agency's decision Letter dated August 5, 2005
.
11 .
On September 12, 2005 the parties timely filed a joint notice to extend the
35 day period to appeal the Agency's August 5, 2005 decision
.
On
September 15, 2005 the Board issued an order extending the time to
appeal to December 9, 2005
.
(See Exhibit B) .
WHEREFORE, Downtown Shell (Greenville) respectfully requests that the Board
enter an order requiring the Agency to approve the Corrective Action Plan and Budget to
allow the cleanup to proceed at this facility and for Downtown Shell's attorneys' fees and
costs in bringing this appeal .
Respectfully submitted,
Downtown Shell (Greenville)
Carolyn S. Hesse, Esq .
Barnes & Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
CHDS01 CSH 301806v1
By:
One
of*
o
ys
[This filing submitted on recycled paper as defined in 35 III. Adm. Code 101.2021
3
08/10/2805
09:54
2175228012
io
217/782-6762
1021
NORTH CRANO AVENUE
6A57,
P.O .
Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9276-( 217) 782-3397
IAMES
R .
THOMPSON CENTER,
100
WEST RANOOLPH, SUITE
11-300, CHICACO, 160601 -012) 814-6026
Roo.R-
BLAGO)EVICH, GOVERNOR
DOUGLAS
P .
Scam,
DIRECTOR
AUG 0 5 2Art
Downtown Shell
Attention: Mr. Don McCray
Route 3, Box 58
Greenville, Illinois 62246
Re :
LPC # 0050055056 - Bond County
Greenvllle / Downtown Shell
317 West College Avenue
LUST Incident 982949
LUST Technical File
Dear M± McCray:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan (plan) submitted for the above-referenced incident . This information,
dated April 7, 2005, was received by the Illinois EPA on April 7, 2005 . Citations in this letter
are from the Environmental Protection Act (Act) and 35 Dlinois Administrative Code (35 I11-
Adm. Code)
.
Pursuant to Section 57.7(c)(4)(D) of the Act and 35 Ill. Adm. Code 732.405(c), the plan is
rejected for the following reasons
:
1
.
Item Number 2 of Illinois EPA's denial letter comments in the December 12, 2003 letter
have not been adequately addressed .
Specifically;
a.
Item 2.a asked for the contents of the bioremediation slurry. While Illinois EPA
acknowledges that a list of materials that ",may be included" has been provided, a
list of what is actually in the biological slurry and at what quantities has
not
The
actual contents of this slurry must be provided
.
b .
Item 2.b asked for the impact that the bioremediation slurry will have on
groundwater quality. It is stated "There is no long term risk to groundwater
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ELGIN- 595 South Slate. Elgin, IL W123-(047) 608-3131
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to,nw _ 3415 N. University St.. Peoria . 1 61614- 1309) 693-5463
3uR[eu cw LANO-PEORV-7620 N . University St. Peoria.
IL 61614-(309)693-
South First Street. Champaign. [L 61620-(217 270-5800
Srmnc:Iao-4500 S. Sixth Sheet Rd., Sprin INd, IL 62706-(21
5462
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)
mail 577207 . CoIlIn5N111e, IL 62236 _ (678) 346-5720
M
ARION - 2309
W. Mai
8)
993_7200
C-43M COMPANY
PACE 02
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
CERTIFIED MAIL
7004 2510 0001 8647 4399
'AUG
~
1
t"I
I
08/10/2005
09:54
2175228012
CW3M COMPANY
PAGE
04
page 3
Whiles full review ofthe budget has not been conducted, it is noted that the budget includes
3,320 square feet of 4" concrete replacement . The areal extent of the concrete to be replaced
should be provided, as well as documentation that 4" of concrete currently exists over this area_
Please note that only the replacement of concrete over those areas-which .have been excavated
will be considered reasonable. In addition, it is noted that a line item
of"Injection Point
(Trench)", quantity of four, at a rate of $500 per item . What this line item includes should be
provided .
Pursuant to 35 El. Adm. Code 732.401, the Illinois EPA requires submittal of a revised plan, and
budget if applicable, within 120 days of the date of this letter 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
.
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached.
If you have any questions or need further information, please contact Michael A . Heaton at
217/524-3312 .
Sincerely,
M
ael T. Lowd
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
MTL:mh\982949f9 .doc
cc
:
.
Ms. Carol L. Rowe, PG - CW3M Company (Springfield, Illinois)
Division File
08/10/2005
09:54
2175229012
CW3M COMPANY
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 filing a petition
for a hearing within 35 days after the date of issuance of the final decision . However, the 35-day
period may be extended for a period of time not to exceed 90 days by written notice from the
owner or operator and the Illinois EPA within the initial 35-day appeal period, If the owner or
operator wishes to receive a 90-day extension, a written request that includes a statement of the
date the final decision was received, along with a copy of this decision, must be sent to the
Illinois EPA as soon as possible .
For information regarding the filing of an appeal, please contact
:
Dorothy Guns, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
312/814-3620
For information regarding 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
PACE
05
ILLINOIS POLLUTION CONTROL BOARD
September 15, 2005
DOWNTOWN SHELL,
)
Petitioner,
)
V .
)
PCB 06-38
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
(90-Day Extension)
PROTECTION AGENCY,
)
Respondent
.
)
ORDER OF THE BOARD (by J .P. Novak) :
On September 12, 2005, the parties timely filed a joint notice to extend the 35-day period
within which Downtown Shell may appeal an August 5, 2005 determination of the Illinois
Environmental Protection Agency (Agency)
. See 415 ILCS 5140(a)(1) (2004); 35111. Adm. Code
105.402, 105.406 . Because the postmark date of the joint request is within the time for filing, the
joint request was timely filed. 35 Ill. Adm. Code 101 .300(b)(2), 105.404. The Agency rejected
the high priority corrective action plan for Downtown Shell's leaking underground petroleum
storage tank facility located at 317 West College Avenue, Greenville, Bond County.
The Board extends the appeal period until December 9, 2005, as the parties request
. See
415 ILCS 5/40(a)(1) (2004) ; 35 Ill. Adm. Code 105 .406. If Downtown Shell fails to file an
appeal on or before that date, the Board will dismiss this case and close the docket
.
IT IS SO ORDERED .
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on September 15, 2005, by a vote of 5-0
.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
EXHIBIT
I
