RECEIVED
BEFORE THE POLLUTION CONTROL BOARD
CLERK'S OFFICE
OF THE STATE OF ILLINOIS
DEC
i
2 2305
BASIC WIRE & CABLE CO .,
)
STATE
OF ILLINOIS
Petitioner,
Pollution Control Board
>
vG -/
v .
)
PCB No ..9~
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
PETITION FOR REVIEW
Pursuant to 35 Ill. Adm. Code 105.400
et seq.,
Basic Wire & Cable Co
. ("BWC")
hereby requests that the Illinois Pollution Control Board ("Board") review the Illinois
Environmental Protection Agency's ("IEPA") November 8, 2005 final decision rejecting
BWC's Corrective Action Completion Report. In support of this Petition, BWC states as
follows :
Background
1
.
BWC has an industrial facility located in Chicago at 3900 N . Rockwell St
.
(the "Site") .
2 .
In January 2005, BWC removed an old, unused gasoline UST at the Site
.
BWC's consultants observed a potential leak from the UST
.
3
.
BWC reported the potential release which received LUST Incident No
.
20050025
.
4
.
BWC then excavated contaminated soil from around the UST and did
post-excavation sampling. The post-excavation sampling data showed that the UST site
met residential Tier 1 criteria for the ingestion and inhalation pathways for all compounds
THIS FILING SUBMIT I ED ON RECYCLED PAPER
including lead and benzene. For lead and benzene, some of the data exceeded the
migration to groundwater pathway.
5
.
On March 3, 2005, based on the sampling, BWC submitted a Corrective
Action Completion Report ("Report) to the IEPA for the UST release at the BWC Site.
6 .
In a letter dated April 11, 2005 and received by BWC on April 14, 2005,
IEPA rejected BWC's Report because "[t]he extent of soil contamination for benzene and
lead has not been defmed." (See Exhibit A). The IEPA's letter cited no regulatory
authority for this decision.
7
.
Although its letter was conspicuously silent as to regulatory authority,
IEPA told BWC's consultant that the reason for rejecting the Report was based on the
Board's proposed Part 734 regulations (Proposed Amendments to Regulation of
Petroleum Leaking Underground Storage Tanks), which the IEPA staff interpret as
requiring the owner or operator of a site to investigate and delineate contamination in the
City of Chicago even if it is above the Tier 1 criteria only for the migration of
groundwater pathway but below those criteria for all the other remaining pathways
.
(See
Proposed Sections 734.300, 734.310, 734 .315, 734.320, 734.325 and 734 .335) .
8 .
On May 2, 2005, BWC's counsel, Raymond T . Reott, submitted
comments to the Board's Hearing Officer for the Proposed Part 734 regulations,
regarding a potential ambiguity with regard to the proposed requirements as they apply to
Chicago properties like the BWC Site, where the City of Chicago groundwater ordinance
provides for an institutional control, thus obviating the need to delineate soil
contamination which only is above Tier 1 criteria for the migration of groundwater
pathway. (See Exhibit B) .
2
9 .
BWC filed a Petition for Review of the IEPA's April 11, 2005 decision on
August 17, 2005, and the Board accepted this petition on September 1, 2005
.
Basic
Wire
& Cable v. IEPA,
PCB No. 05-198 (August 17, 2005). The Board has not yet ruled on
this appeal, and BWC agreed to extend the decision deadline until March 15, 2005
.
10 .
On August 10, 2005, R . J. Mustari and Associates, Inc
. ("RJM") sent
IEPA a letter urging it to reconsider its rejection of BWC's Report. (Exhibit C) .
11
.
IEPA treated this letter as another BWC Corrective Action Completion
Report .
12 .
In a letter dated November 8, 2005 and received by BWC on November
14, 2005, IEPA rejected the August 10, 2005 Report because "[t]he extent of
contamination has not been defined." (See Exhibit D)
.
13 .
The Proposed Amendments to Regulation of Petroleum Leaking
Underground Storage Tanks have not yet been completed, however the Board must
complete this rulemaking by February 2006 . (See Exhibit E)
Grounds for Appeal
14 .
BWC challenges the IEPA's rejection of BWC's August 10, 2005 Report
because the IEPA is attempting to apply regulations that have not yet been promulgated,
namely the Board's proposed Part 734 rules. The IEPA lacks the authority to require
compliance with the not yet promulgated Part 734 rules
.
15 .
BWC also challenges IEPA's rejection of BWC's August 10, 2005 Report
on the ground that BWC should not be required to investigate and delineate soil
contamination for its Chicago Site, where the only contamination above residential Tier I
standards is for the migration of groundwater pathway, which already is addressed by the
3
existing City of Chicago groundwater ordinance institutional control
.
See 35 111 .
Adm .
Code
742.1015
.
16 .
BWC further challenges IEPA's rejection of BWC's August 10,
2005
Report because there is no regulatory basis for the requirements stated in the IEPA's
November
8, 2005
letter.
WHEREFORE, for the reasons stated above, BWC requests that the Board review
the IEPA's rejection of its August 10,
2005
Corrective Action Completion Report and set
this appeal for hearing
.
Respectfully submitted,
BASIC WIRE & CABLE CO .
4
By :
One of its attorneys
Raymond T. Reott
(#8440)
Jorge T. Mihalopoulos
Reott Law Offices, LLC
35
East Wacker Drive, Suite
650
Chicago, IL
60601
(312) 332-7544
Dated: December
13, 2005
Certificate of Service
I, Raymond T. Reott, hereby certify that on December 13, 2005, I caused the
original and nine (9) copies of the Petition for Review to be filed with the Clerk of the
Pollution Control Board and a true copy to be mailed by United States Mail postage pre-
paid to John Kim of the Illinois Environmental Protection Agency, 1021 North Grand
Avenue East, Post Office Box 19276, Springfield IL, 62794-9276, and also to Hearing
Officer Bradley P. Halloran of the Illinois Pollution Control Board, James R. Thompson
Center, 100 West Randolph Street, Suite 11-500, Chicago, IL 60601
.
yr y
lL,`ti~_
5
t
Raymond T. Reott
e
217(732-6762
An
1120
Basic Cable & Wire
Phil Garoon
3900 North RockweU Stect
Chicago, IL 60618
Re :
LPC 0316050007 - Cook County
Chica
c
Basic Cable & Wire
3900 North Rockwell Strnet
LUST Incident No. 20050025
LUST Technical File
Dear Mr. Garoon:
The IIlinois Environmental Protection Agency (Illinois EPA) has reviewed the Corrective Action
Completion Report (report) submitted for the above-referenced incident This report was dated
March 3, 2005 end was received by the Illinois EPA on March 4, 2005. Citations in this letter
are from the Environmental Protection Act (Act), as amended by Public Act 92-0554 on June 24,
2002, and 35 Illinois Administrative Code (35 IIL Adm. Code) .
Pursuant to 57.7(2)(4) of the Act and 35 Ill. Adm. Code 732.503(b), the report is rejected for the
reason(s) listed below :
The extent of soil contamination for benzene and lead has not been defined
.
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached.
RDSroao-4302 North Main Street, Roddord,
IL 61103 -(615) 967-776D
•
Do
PL
-9511 W. Harrison SL, Des %alms, (L 60)16-1647) ZS4-D))
tam- 595 South Slate, Elgin,
IL
6D12J -(647) 6D6-3131
•
Pr2raA- 5415 N. Unf'ersiq SL, Peoin, IL 61614 - (309) 693-5463
-Jp~
ea
L,ND-
P6o *- 7620 N. Un)verslty 5L, Peoria
IL 61614- (3D?) 693.5462
•
CHAwitH-2125 South Fro Street. Champaign, It 61620- (217) Z73.56DD
S.1CFThL
-e3D0 S. Sint Street Pd., Sprtngield, IL 62706- 717) tas-6682
CDLUCNUJ-2039 IAVII S MM Collireville, IL 62234- (616) 14&51 2D
MN:,DN- 2309 W. Main 5L, 5uIte 116, Melon, IL 62959 - (616) 993-720)
pzw.o oN Rg;raeo P,.raa
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 1Jorr Gz"D AVENUE EAST, P .O. Sec 19276, SPPJNCFED, 1WwDS 62784-9276, 217-782-3397
yu4PS
R THwsp.-ow Cesnnn, 100
W6sr
RANOOU
w, Surf
11-300, Cwcaeo, IL 6D601,
312-BI46026
ROD R . ELAGOJEVI04,
GOVERNOR
RENEE
CIrRwvo,
DIP.ecroR
CERTIFIEDMAIL.
70022 3150 DODO 1105 9143
Page 2
If you have any questioas or aced further assistance, please contact Scott Rothering at 217-785-
1858 .
Sinccrdy,
Clifford L. Wheeler
Unit Manager
Leaking Underground Storage Tank Section
Division of.RemediatianManagernent
Bureau of Land
CLW:SRR120D50025
r
RJ. mustari & Associates, Inc.
Division File
Appeal Rights
An uaderground 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 fling 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 ertPncion, a written rogvest that includes a statement of the
date the final decision was received, along with a copy of this decision, must be sent to the
nlinois EPA as soon as possible
.
For information regarding the filing of an
appeal,
please contact:
Dorothy Gunn, Clerk
Illinois Pollulian Control-Board-
State of Illinois Center
10D West Randolph, Suite 11-SOD
Chicago, IL 60601
312/8143620
For information regarding the filing of an extension, please contact
Illinois Environmental Protection
Agency
Division ofLegal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
217/792-5544
Raymond T. Rot
Reott Law Offices, LLC
Jorge T. Mihaiopoulos
312-332-7544
35 East Wacksr Driva,Sufte 65D
312.546-5078
rreott@reottlaw.com
Chicago, Illinois 60601
jtm@reottlaw.com
312-332-7545, Fax 312.782-4519
May 2, 2005
Marie Tipsord
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Re :
In Re Proposed Amendments to Regulation of Petroleum Leaking Underground
Storage Tanks; R04-22 and R04-23 (Consolidated)
Dear Ms. Tipsord :
Pursuant to the March 11, 2005 hearing officer order in the above rulemaking, I am
submitting these comments on the proposed rules .
By way of background, I am an environmental lawyer with over 20 years of experience .
I have appeared before the Board and given oral and written testimony in a number of
rulemakings over the last ten years related to the U.S.T. program and TACO objectives
.
Recent discussions with Illinois EPA personnel have uncovered a potential ambiguity
which ought to be clarified in the pending Part 732 and 734 rules . At several points in
the proposed rules, the rules provide in substance something like the following : Unless
the owner of operator submits a report pursuant to Section 734 .2 10(h)(3) of this Part
demonstrating that the most stringent Tier I remediation objectives of 35 Ill . Adm. Code
742 for the applicable indicator contaminants have been met, the owner or operator must
investigate the site, conduct corrective action, and
. . .
. (See,e.g., Section 734.300.) The
ambiguity is created because some of the "most stringent Tier 1 remediation objectives
may be for pathways which have been severed by preexisting institutional controls . The
most important example would be in the City of Chicago where the Tier I soil criteria for
the migration to the groundwater pathway have been met throughout the City by the
City's adoption of (and the Illinois EPA's approval of) the City of Chicago groundwater
ordinance as an approved institutional control
.
With regard to a site in the City of Chicago, the Illinois EPA staff have expressed
concerns recently that the proposed Section 734 regulations would require the owner or
operator to investigate and delineate contamination which is above the Tier I criteria only
for the migration of groundwater pathway but below those criteria for all the other
EXHIBIT
remaining pathways. Essentially, the owner would be delineating contamination that
already is addressed by the existing City of Chicago groundwater ordinance institutional
control .
Similar provisions exist in other places in the regulations such as Sections
734.310, 734.315, 734 .320, 734.325 and 734.335 .
There is no regulatory basis to require an owner or operator to delineate contamination
where the only pathway for which the contamination exceeds the most stringent Tier 1
remediation objectives is a pathway which already is controlled by an existing approved
institutional control. In other provisions in the proposed regulations, and in the Board's
opinion in this matter, the regulations endorse the proposition that the failure to use
available groundwater ordinances as an institutional control may result in certain
corrective action costs being ineligible for payment from the fund . See the Board Note to
Proposed Section 734.410; Section 734.630 (ccc). According to the Board's February 17,
2005 opinion at page 21, the proposed regulations are intended to require owners or
operators to use a groundwater ordinance as an institutional control if the ordinance
already has been approved by the Illinois EPA . This prevents sites from seeking
reimbursement for costs which are unnecessary because of preexisting approved
institutional controls and would seem to be consistent with the overall purpose of the
rulemaking to streamline the UST reimbursement program and to reduce requests for
unnecessary costs .
I suggest that the Board amend the proposed provision at part 734 .300 to provide as
follows
:
"Unless the owner or operator submits a report pursuant to Section 734 .210(h)(3)
of this Part demonstrating that the most stringent Tier I remediation objectives of 35
lll.Adm.Code742 for the applicable indicator contaminants have been met for all
pathways not otherwise controlled by an approved institutional control,
the owner or
operator must investigate the site, conduct corrective action, and prepare plans, budgets,
and reports in accordance with the requirements of this subpart C
.
The additional language is shown as an underlined insert . The Board should make
similar parallel revisions to the other sections containing similar phrasing such as
Sections 734.310, 315 and 320
.
In addition, the exclusion from the recoverable costs contained in proposed Section
734.630(ccc) is too narrowly drawn. As currently worded, the exclusion relates only to
costs " associated with groundwater remediation" if a groundwater ordinance already
approved by the Agency for use as an institutional control in accordance with 35 Ill .
Adm. Code 742 can be used as an institutional control for the release being remediated
.
That provision ought to be slightly broader to make it clear that the excluded costs
include costs " associated with groundwater remediation or soil remediation if 1) the
only basis for the soil remediation is the migration to groundwater pathway and 2) a
eroundwater ordinance already approved by the Agency would make the remediation of
the soil pathway unnecessary." The current wording would appear to invite parties to
submit requests for reimbursement for soil remediation costs where the only basis for that
soil remediation would be the migration to groundwater pathway already addressed by an
approved institutional control. This could be a very frequent occurrence within the City
of Chicago as well as the other communities around IIlinois which have adopted
groundwater ordinances approved by the Agency as institutional controls pursuant to
Section 742.
Because of the length of the proposed rule making and the various opinions and
submissions in this matter, it is possible that there are additional instances where the
same language ought to be conformed to the changes suggested above . I suggest that the
Board staff conduct a comprehensive search of the pending rulemaking proposal to
identify any such parallel provision which would need to be conformed .
Sincerely yours,
Raymond T. Reott
RTR/ld
CC
:
Jorge Mihalopoulos
Rulemaking Service List
A
H
Z
Q
F
File #04082TNK (05016TNK)
Z
v
Mr. Scott Rothering
a
Leaking Underground Storage Tank . Section
z
Illinois Environmental Protection Agency
Z
1021 North Grand Avenue East
P.O. Box 19276
0
Springfield, Illinois 62794-9276
August 10, 2005
9sJ&
y
Jnrl
12912 Forest View Road * Palos Heights, IL 60463
Phone: (708) 448-2910 Fax: (708) 448-8792
rmustari@sbcgiobaLnet
Re :
Incident No . :
H2005-0025
County:
Cook
z
City :
Chicago
Site Name :
Basic Wire and Cable
Site Address :
3900 North Rockwell Avenue
z
Dear Mr. Rothering :
v
In response to the rejection letter dated April 11, 2005, RJM is asking you to
consider our opinion regarding the additional investigation that would be
~
.
required to delineate the extent of benzene and lead contamination . There
;~
are contaminate levels in two (2) samples that exceed soil migration to Class
II groundwater for benzene, and there was one (1) sample that slightly
z
exceeded concentrations of inorganic chemicals in background soils within
metropolitan statistical areas for lead at 48 ppm but was below the
8
Residential Ingestion standard of 400ppm . Modeling with only one (1) point
z
is not statistically possible, with a delineation being based solely on an
unsupported estimation .
From the soil conditions seen, the lack of a
z
groundwater table in the proximity of the impacted soils and the relatively
low levels reported by the laboratory, it is RJM's opinion, based on the site's
conditions, that contamination below the above cited Site Remediation
z
Objectives (SROs) would be reached within a few feet of the previously
z
measured sampling points .
a
tCopyright 2005 R S. Mvstari and Associates, tar All rights reserved. -
Page I
-
Mr. Scott Rothering
August 10, 2005
RJM performed a RCBA R-26 calculation, using conservative assumptions,
even though R-26 applies to movement of contaminates through water, which
was not encountered, nor were there any indications that a water table was in
the proximity of the bottom of the excavation . RJM used the highest benzene
soil value as the source, which is an overly conservative value . With the
distance to the property line, there would be no measurable benzene migration
offsite, even if all of the detected benzene already was in the water
.
The
calculations were performed using Andrews Environmental Engineering, Inc .,
TACO Pro 2.0 software
.
See Attachment -Calculations .
Lastly, the site is Industrial / Commercial, and it will remain as such for the
foreseeable future, and the site is located in the City of Chicago, which has an
approved Groundwater Ordinance
.
Therefore, RJM would appreciate your
consideration in that the additional costs involved in further soil borings and
laboratory analysis would be unnecessary, based on the site's conditions, and
that a No Further Remediation letter could be approved with institutional
controls, as requested in the previously submitted 45 Day Report/Corrective
Action Report .
If you have questions or require further information, please feel free to contact
my office
.
Sincerely,
R. J. MUSTARI AND AS SOCIA'i ES,
INC .
Professional Design Firm
Professional Engineering Corporation
Robert J. Mustari II, PE
President
Enclosures
Copy to :
Mr. Raymond T. Reott, Attorney at Law
Mr. Philip Garoon, Basic Wire & Cable
Mr. Doug Clay, Illinois EPA
RJMUJts
Enviro Zip/05016TNK Letter 1 .DOC
®Copyright 20(5 R J. Mustari and Associates, Snc AD rights reserved .
-
Page 2
-
00
CONTINGENT AND LIMITING CONDITIONS
The certification, statements and values as stated in this report are expressly subject to the
following stipulations
.
RJM assumes that documents, drawings and information provided to them by other facilities
or persons are accurate and correct. RIM assumes no responsibility for the errors and
omissions of others. RJM assumes no responsibility for the legal contents or information
which may or could be provided by any governmental agency which affects matters stated
within this report .
RJM will not be required to testify in court on data contained herein, unless previous
arrangements and/or agreements have been made
.
The use of any fractional part of this report for purposes other than that described in the
purpose of this report makes it invalid . Neither all, any part of, any conclusions or values,
the identity of RJM, its employees or affiliates as pertaining to this report will be conveyed
to the public through advertising, public relations, news, sales or media, without the prior
written consent and approval of RJM .
The physical condition of the improvements described herein was based on visual
inspection, unless noted otherwise in this report. No liability is assumed for soundness of
members, equipment, mechanical or otherwise, or soil conditions, without proper and
adequate engineering tests being performed, evaluated and analyzed by persons being filly
knowledgeable and with proper educational background and expertise in the specific field
.
The recipient of this report has been informed of any tests which were made, including said
recipient's written approval for such testing. If no approval and/or test data are included in
this report, it is to be assumed that a visual inspection was the only basis for our opinion,
and that the findings herein are our personal opinion and only valid for the exact condition at
the time of the inspection
.
The improvement is assumed to be within the lot lines and, except as herein noted, is in
accordance with local zoning and building ordinances . Any plots, diagrams and drawings
found herein are to facilitate and aid the reader in picturing the subject property and are not
meant to be used as
references
in matters of survey
.
Ccoppright 2005R .L
Mustari
and Associates, Inc
. All rights resen'ed
.
-
Page 3
-
00
CONTINGENT AND LIMITING CONDITIONS
The costs set forth in this evaluation are effective as of the date of inspection as specified in
this report Due to the unstable cost of construction material and labor most suppliers have
included clauses in their estimates stating prices, including tax and freight, are effective the
date of shipment if action is not taken within 30 days after the date hereof, adjustment cost
factors should be added to make this report current .
The costs as calculated and stated in this report are final costs to the owner and include the
following:
O
contractors overhead and profit, (ii) sales tax, (iii) freight, (iv) workers'
compensation, and (v) fire, liability, and unemployment insurance . The costs also include,
unless specifically stated as a line item, architects and engineers fees and permits. They do
not include contract management fees . The contract manager is normally used on larger
projects, where special conditions exist or when requested by the owner. He represents the
owner and the owner's benefits and, hence, his fee is normally paid directly by the owner
.
RJM's assessment performed in conjunction with their assignment and the dates developed
is intended as a description and evaluation of the information available at that date and
location which is the subject of this report only
.
RJM does not warrant against future operations, conditions or findings nor do they warrant
against present operation or condition of a type or at a location not investigated and/or been
made aware of to them
.
RJM does not warrant against any change in the environmental characteristic change of the
site or surrounding property due to the passage of time .
RJM
performed
their
professional
services,
obtained
findings and
prepared
recommendations based on their professional opinion in accordance with standard and
customary practices and principles acceptable in the environmental science or engineering
fields at the time of the investigation
.
®Copyright 2005 R J. Mustari and Associates, Inc All rights reserved .
-
Page 4
-
10,00
CONTINGENT AND LIMITING CONDITIONS
RJM is not responsible for the independent conclusions, opinions or recommendations made
by others based on the field exploration and laboratory test data presented, if any, in this
report
The conclusions as set forth in this report are based on the documents specified in the
contingent and limiting conditions, with only the specified revisions and dates being
applicable to this report. Even though the reference plans and specifications have not been
physically included in this report in their entirety, RIM considers them an integral part of
this report and assumes construction will be/or is as described in the plans and specifications
unless specifically noted in this report .
In addition to setting forth the conditions, correlations and estimates of value, the report
contains a description of the property that is the subject of our report; a statement of the
various facts, assumptions and conditions upon which the report was based; the valuation
nor conditions as of the date of our inspection, and our limiting conditions which relate to
-the report. The portions; of the report referred
.to herein are-qualified in their entireties
by
reference to the complete report, a copy of which is in our file and will be known as the
master copy and is available for review upon request, in writing, to any person who has a
proper purpose in reviewing the same and should not be relied upon except in the context of
the entire master copy of the report which must be considered as a whole . The terms of our
engagement are such that we have no obligation to update this report or revise it in any
manner because of events or transactions occurring subsequent to the date of such report
.
®Coppri;ht 2005 R J. Mustari and Associates, lnc All rights reserved .
-
Page
0p
EDUCATION
University of Illinois : Bachelor of Science
- Civil Engineering
Two Years Graduate Work in Advance Structural/Geotechnical Engineering
One Year Graduate Work in Business Administration
ENGINEERING EXPERIENCE SINCE 1976
Full and part time design, technical illustration, project management, inspection and
evaluation of structures, evaluation and environmental engineering, equipment evaluation
and expert witness for the State of Illinois
CERTIFICATIONS
QUALIFICATIONS OF ROBERT J. MUSTARI H
Federal EPA and Illinois Department of Public Health - Asbestos Abatement Program,
Asbestos Inspector, Project Designer, Management Planner
OSHA Hazardous Waste Site Worker, Hazardous Waste Site Supervisor, Confined Space
Entry and Confined Space Entry Rescue
Lead Inspector, Radon Inspector
DESIGNATIONS& MEMBERSHIPS
Professional Engineer, State of Illinois, Indiana, Wisconsin, National Society of
Professional _Engineers; Illinois Society
of
Professional Engineers; American Society of
Civil Engineers; American Concrete Institute; ASTM; BOCA, National Fire Protection
Association
PARTIAL LIST OF CLIENTELE
(List furnished upon request)
Real Estate Appraisers & Consultants
Law Firms
Major Corporations & Companies
LENDING INSTITUTIONS
Bank One
New York Life Insurance
Evergreen Community Bank
Principal Financial Group
General Electric Investments Corp
.
Fifth Third Bank
TCF Bank
The Northern Trust Company
Governmental Agencies
Federal Deposit Insurance Corporation
Resolution Trust Corporation
General Service Administration
United States Postal Service
United States Department of the Navy
Numerous City and Village Administrations
State of Illinois - Attorney General, Office of Chief Counsel
Department of Transportation, Land Acquisition, Specialty Appraiser
Department of Transportation, Division of Water Resources
tCopyright 2005 R J. Mastari and Associates, inc All ri;hts reserved .
-
Page 6 -
00
EDUCATION
QUALIFICATIONS OF ROBERT J. MUSTARI
University of Illinois: Mechanical Engineering
Graduate of Aeronautical University: Chicago, Illinois
Bachelor of Science - Aeronautical Engineering
Graduate Studies: Washington University, St. Louis, Mo . - Mathematics, Structural
Analysis, Engineering Management
ENGINEERING EXPERIENCE SINCE 1957
Full time design, evaluation and environmental engineering, engineering investigations,
structural analysis, building site inspections, property condition surveys, reserve cost
studies, equipment evaluation, project management, construction of processing systems,
and expert witness throughout the United States and Puerto Rico .
Previous U. S. Government Security Clearance
McDonnell Aircraft Corporation
Hurl etron Corporation
CERTIFICATIONS
Federal EPA and Illinois:,Department of Public Health - Asbestos Abatement Program,
Asbestos Inspector and ManagementPlanner .
OSHA Hazardous Waste Site Worker, Hazardous Waste Site Supervisor, Confined Space
Entry and Confined Space Entry Rescue
PARTIAL LIST OF CLIENTELE
(List furnished upon request)
Real Estate Appraisers & Consultants
Law Firms
Major Corporations & Companies
Lending Institutions
Bank One
New York Life Insurance
Evergreen Community Bank
Principal Financial Group
General Electric Investments Corp .
Fifth Third Bank
TCF Bank
The Northern Trust Company
Governmental Agencies
Federal Deposit Insurance Corporation
Resolution Trust Corporation
General Service Administration
United States Postal Service
United States Department of the Navy
Numerous City and Village Administrations
State of Illinois,- Attorney General, Office of Chief Counsel
Department of Transportation, Land Acquisition, Specialty Appraiser
Department of Transportation, Division of Water Resources
®Copprioht 2005 R J. Mustari and Associates, Inc All
rights
reserved .
-
Page 7 -
00
QUALIFICATIONS OF TERRYL C. SHEEHAN
EDUCATION
Benedictine University: Bachelor of Science - Environmental Science
CERTIFICATIONS
OSHA Hazardous Waste Site Worker
EXPERIENCE
Environmental consulting experience since 2003 including Phase I and Phase II
Environmental Site Assessment field investigations and site characterizations
.
PARTIAL LIST OF CLIENTELE
(List furnished upon request)
Real Estate Appraisers & Consultants
Law Firms
Major Corporations & Companies
Lending Institutions
Bank One
New York Life Insurance
Evergreen Community Bank
Principal Financial Group
Fifth Third Bank
TCF Bank
General Electric Investments Corp
.
The Northern Trust Company
Governmental Agencies
Federal Deposit Insurance Corporation
Resolution Trust Corporation
General Service Administration
United States Postal Service
United States Department of the Navy
Numerous City and Village Administrations
State of Illinois - Attorney General, Office of Chief Counsel
Department of Transportation, Land Acquisition, Specialty Appraiser
Department of Transportation, Division of Water Resources
®Copyright 2005 R J. Mustari and Associates, Inc. AD rights reserved
.
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Page 8 -
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Tier 2 Remediation Objectives Datasheets
A. Site Information
IEPA Gsnarator Number (10 Digit) :
03100500D7
IEMA Number (6 Digit) :
050025
Site Name :
BasicCable&Wire
Site Address :
3900NRockwellIStreet
City-
Chicago
County:
Cook
B. Signatures
I
hereby affirm that all information contained in this form
Is
true and accurate to the best of my lmowtedge and berief
.
I
am aware that there
are significant penalties for submitting false information, including the possibility of
fine and imprisonment for knowing violations
.
Owner (or Authorized Agent)
Name :
Mr.PhilGaroon
Title :
Signature :
Operator (or Authorized Agent)
Name :
Same
Title
:
Signature :
Consultant
Name: RobertJ .Mustari,P .E .
Consulting Firm: R.J.Mustari&Assoc .,Inc .
Signature :
Street:
129129ForestviewRoad
City/StateIZIP
:
PalosHeights, IL
60463
Phone Number.
(708) 448-2910
Datasheet: RBCA Parameters
Parameter
Units
Value Used
ATn
yr
Residential = 30
IndusllaVCommemal = 25
Construction Worker= .115
ATc
yr
70
SW
kg
Residential = 70
ED
W
Residential = 30
IndustriallCommerdal= 25
Constuction Worker= 1
EF
dyr
Residenral= 35D
IndustriallCommerdal = 250
Construction Worker = 30
I (Infltrafion Rate)
Cm/yr
3D
tRair
mild
20
IRsol
mg/d
Residential = 10D
tndusfriaYCDmmerc al = 50
Construction Worker = 430
LRw
IJd
Residential = 2
IndusftaVCommardal = 1
Is
cm
100
M
mg/ant
S
Pe
gfcm2-s
.00000000DDOOD69
RAFd
unitess
Volatles=
.5
PI4As = D5
Metals= D
RAFo
unitless
1
SA
0112Jd
3160
THQ (Target Hazard QuotienQ
Linitless
I
TR (Target Cancer Risk)
unitless
ODDODI
Uair
cm/s
225
Ambient Air Mixing Zone Height
cm
20D
Groundwater Mi>dng Zone Thickness
cm
200
Averaging Time for Vapor Flux
s
946DODD00
Datasheet: Chemical Properties for the RBCA Equations
Chemical
Solubility in
Diffusivity
in Air
Difiusivity
in
Herxy's Law
Organic Carbon
First Order
Water (mg/-)
(=Vs)
Water (cm2ls)
Constant
Partition
Degradation
(uruHess)
Coefficient
Constant (lid)
(cm3/4)
Benzene
1750
.083
.DODDD98
.228
58.9
DDD9
Datasheet: Toxicological Properties for the RBCA Equations
Chemical
RiDo (mglkg-d) FM (mg/kgd)
RIDS (mg/kg-d) RfDis (mg/kg-d) SFo
SF (7l(mghcg-d)j
snare
-
-
-
.029
_029
Datasheet: Physical Soil Parameters for the RBCA Equations
Parameter
Units
Value Used
Soil Bulk Density
g/an3
1.7
Organic Carbon Content (Surface Soil)
gig (unilless)
.
DDS
Organic Carbon Content (Subsurface Soil)
g/g (unitless)
.D02
Total Sofl Porosity
cm3/an3 (unitiess)
.36
Volumetric Air Content in Vadose Zone Soils
(Surface)
an3lem3 (unitless)
.17
Volumetric Air Content In Vadose Zone Soils
(Subsurface)
crn3lcm3 (unitless)
.17
Volumetric Water Content in Vadose Zone Soils
(Surface)
am3lcm3 (unitless)
.17
Volumetric Water Content in Vadose Zone Soils
(Subsurface)
cm31m3 (unitless)
.17
Lower Depth of Surficial SON Zone
cm
100
Hydraulic Gradient
em/cm
D1
Hydraulic Conductivity
cm/d
.0864
Source Width perpendicular to Groundwater Flow cm
Direction in Vertical Plane
Source Width perpendicular to Groundwater Flow cm
Direction In Horizontal Plane
3048
3658
.0024
.31536
Specific Discharge
Groundwater Darcy Velocity
crn/d
cmlyr
Width of Source Area parallel to Wind Movement cm
7310
Width of Source Area parallel to Groundwater
Movement
cm
7310
Distance along centerilne of plume emanating
from the source
an
228BO
Longitudinal Dispersivity
cm
2286
Transverse Dispersivity
an
762
Vertical Dispersivity,
an
114.3
pH
unltess
6.8
Datasheet: RBCA Calculated Values - 1 of 2
Chemical
VFp (kg+m3)
VFss (kgfm3)
VFsamb (kglm3)
RSSLair (residential)
B>_r¢ene
1.120867E-11
2.9 191 RZE-05
2.86304E-D3
2436782
Datasheet: RBCA Calculated Values - 2 of 2
Chemical
ks (surface) (gig) ks (subsurface) (g/g)D
/s)
(surface)
D
Us(ef)
(subsurface) LFsw (mg&L)I(mgh._e))
Benzene
.3534
.1178
1859879E-03
1.859879E-03
4.155081
Datasheet: RBCA Source Concentration and Groundwater Impact
Chemical
Cscuroe (mg&)
Groundwater Impart C(x) (mg&) C(z)/Cscurce (urubess)
Bgene
33
11/14/05
11 :05
3`773 539 3500
1021
NORTH GRAND AVENUE
EAST, P.O. Box 19276,
SPRINgnELD,
ILLINOIS 627949276-( 217) 782-3397
JAMES
R .
THOMPSON CENTER,
100
WEST RANOrxPH,
SUITE
11-300, CHCcO,
IL 60601 - (312) 814.6026
ROD R. BLACOIEviCH, GOVERNOR
DOUGLAS P. SCOTT, DIRECTOR
217/782-6762
CERTIFIED MAIL
Nov o a
2005
Basic Cable & Wire
Phil Garoon
3900 North Rockwell Street
Chicago, IL 60618
Re:
LPC# 0316050007- Cook County
Chicago/Basic Cable & Wire
3900 North Rockwell Street
LUST Incident No, 20050025
LUST Technical File
Dear Mr. Garoon :
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Corrective Action
Completion Report (report) submitted for the above-referenced incident . This report was dated
August 10, 2005 and was received by the Illinois EPA on August 15, 2005 . Citations in this
letter are from the Environmental Protection Act (Act), as amended by Public Act 92-0554 on
June 24, 2002, and 35 Illinois Administrative Code (35 Ill . Adm. Code) .
Pursuant to 57.7(c)(4) of the Act and 35 111. Adm. Code 732.503(b), the report is rejected for the
reason(s) listed below :
Pursuant to Section 57 .7 (a)(1) of the Act, for any site investigation activities required
by statute or rule, the owner or operator shall submit to the Agency for approval a site
investigation plan designed to determine the nature, concentration, direction of
movement, rate of movement, and extent of the contamination as well as the
significant features of the site and surrounding area that may affect contaminant
transport and risk to human health and safety and the environment. The extent of
contamination has not been defined .
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached
.
ROCaoRD- 4302 North Main SIreeL Rockford, IL 61103 -(815) 987-77E,0
•
Des PLMNLS-9511 W. Harri9un SI„ Des Plainer, IL 60016-(647) 294-7000
ELGIN-59S South State. Elgin, IL 60123 - 1647) 608-3131
NrIel,,-5415 N, Univel+iry SL. PLOria, IL G1614-1109) 693.5463
Buxau
OI
LAND
- PN
OKIA-7620 N. Unlversily St., Peoria, IL 61614 - (309) 693-5462
•
Con
IIAIGN -
2125 Somh First Weal, Champaign, IL 61820-(217) 276.5600
SPRINGFIELD - 45D0 S. Sixth 51rccc Rd., Springfield,
IL
62706- (217) 786-6692
•
CcLUNev4.u - 2DD9 Mal[ Sired, CoBInyvIlle, IL 62234- (615) 346-5120
M,RION- 2309 W. Main St., Suite 116, MariDf,
IL
62959 - IS 181 993-7200
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
7004 2510 0001 8648 3681
Z001/003
PNINILO'IN RICYGrn
PIPER
EXHIBIT
17
11/14/05
11 :05
0'773 539 3500
Page 2
If you have any questions or need fiuther assistance, please contact Scott Rothering at 217-785-
1858 .
Sincerely,
Clifford L. Wheeler
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
CLW:SRR
Attachment:
Appeal Rights
C :
Rob Mustari & Associates, Inc
.
Division File
Z002/003
11/14/05
11 :06
0'773
539 3500
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 Gunn, 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
1003/003
IN THE MATTER OF :
)
PROPOSED AMENDMENTS TO:
)
R04-23
REGULATION OF PETROLEUM LEAKING)
(UST Ru emrkng)
UNDERGROUND STORAGE TANKS (35
)
(Consolidated)
ILL. ADM. CODE 734)
)
HEARINGOFFICER ORDER
On July 27, 2005, the Board held a hearing in this matter in Carbondale, Illinois .-Atthat
hearing, substantial testimony that had not been profiled was submitted by Mr. JayP. Koch-with
United Science Industries (USI). Both the Board and the Illinois Environmental Protection
Agency (Agency) indicated that after reviewing the testimony, seen for the first time at bearing,
there may be additional questions for USL
Therefore, before the close of hearing, the parties
agreed that the Board and the Agency will file any additional question for USIbyAugust .l2,
2005. The mailbox rule does not apply. USI will file any response by August 26, 2005, and the
mailbox rule will not apply. In addition, USI will file by August 3, 2005 a copy of USrs
suggested rulemaking language changes, marking the changes in the text of the document . The
mailbox rule does not apply .
All final comments in this rulemaking must be filed by September 23, 2005 . The
mailbox rule does not apply. The Board must complete this -rulemaking by February, 2006, and
therefore must proceed to second notice under the Administrative Procedure Act (5 ILCS 100/5
et. seq. (2004)) no later than the November 3, 2005 Board meeting . Because of the tight
timefiame for Board action, extensions of the final comment period will not be.ranied.
IT IS SO ORDERED .
ILLINOIS POLLUTION CONTROL BOARD
August 1, 2005
IN THE MATTER OF:
)
PROPOSEDAMENDMENTS TO:
)
R0422
REGULATION OF PETROLEUM LEAKING)
(UST Rulemaking)
UNDERGROUND STORAGE TANKS (35 )
ILL. ADM. CODE 732)
)
arie E. Tipso
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(312) 814-4925
CLERICS
l FFP
D
Am 0 IM
pollutionnoort
BDWO
