BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS STATE TOLL HIGHWAY )
AUTHORITY (Lincoln Oasis South), )
)
Petitioner, )
)
v. ) PCB - 06-37
) (UST Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY, )
)
Respondent. )
NOTICE OF FILING
To: Douglas Scott, Director John Kim, Esq.
Illinois Environmental Protection Agency Special Assistant Attorney General
1021 North Grand Avenue East Illinois Environmental Protection Agency
P.O. Box 19276 1021 North Grand Avenue East
Springfield, IL 62794 P.O. Box 19276
Springfield, IL 62794
PLEASE TAKE NOTICE that on December 19, 2005 we filed with the Clerk of the Illinois
Pollution Control Board, via the Clerk’s Office On-Line (COOL) System, the following :
1) Appearance
of Deutsch, Levy & Engel, Chartered and 2) Petition for Review of Agency Rejection of High
Priority Corrective Action Completion Report for Lincoln Oasis South
for filing the above-entitled
cause, copies of which are attached hereto.
?S?
Special Assistant Attorney General
CERTIFICATE OF SERVICE
The undersigned hereby certifies that true and correct copies of the Notice of Filing, together with
copies of the documents described above, were served upon the above-named Respondent by enclosing
same in envelope addressed to said Respondent, certified mail, return receipt requested, and by depositing
said envelopes in a U.S. Post Office Mail Box at Chicago, Illinois, with postage fully prepaid on the 19th
day of December, 2005.
S?
Kenneth W. Funk, Esq.
Phillip J. Zisook, Esq.
Karen Kavanagh Mack, Esq.
Special Assistant Attorneys General
225 W. Washington Street, Suite 1700
Chicago, IL 60606 • (312) 346-1460
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- 214165.1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS STATE TOLL HIGHWAY )
AUTHORITY (Lincoln Oasis South), )
)
Petitioner, )
)
v. ) PCB -06-37
) (UST Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY, )
)
Respondent. )
PETITION FOR REVIEW OF AGENCY REJECTION OF HIGH PRIORITY
CORRECTIVE ACTION COMPLETION REPORT
Petitioner, the Illinois State Toll Highway Authority ("ISTHA") by its attorneys, Kenneth
W. Funk, Phillip J. Zisook, and Karen Kavanagh Mack, as Special Assistant Attorneys General,
petitions the Illinois Pollution Control Board, pursuant to 415 ILCS 5/57.7(c)(4)(D) and 415
ICLS 5/40, for review of the final determination of Respondent, the Illinois Environmental
Protection Agency (the "Agency"), with respect to Petitioner's High Priority Corrective Action
Completion Report, dated April 8, 2005, relating to its Lincoln Oasis South facility, and in
support thereof, states:
1. ISTHA is the owner of the facility, including underground storage tanks and
related piping, commonly known as the Lincoln Oasis South located on the I-294 Tollway (East
Bound), in South Holland, Illinois (the “Oasis”). Mobil Oil Corporation (“Mobil”) and its
successor entity, ExxonMobil Oil Corporation (“ExxonMobil”), during all times relevant herein
leased portions of the Oasis premises and operated the various tank systems located thereon,
selling gasoline products to the public patrons of the Oasis.
2. On or about August 12, 1994, Wight and Company (“Wight”), on ISTHA’s
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behalf, notified the Illinois Emergency Management Agency (“IEMA”) that gasoline, diesel and
waste oil target analytes were detected above the Tier I Remediation Objectives at the Oasis, to
which the IEMA assigned Incident No. 94-1818.
3. On or about March 1, 1999, Mobil conducted a precision line test at the Oasis due
to a variance of one thousand, one hundred (1,100) gallons of special grade gasoline in its
monthly reconciliation at the Oasis. The precision line test indicated that the Mobil special
grade line was leaking. Thus, on or about March 1, 1999, Tanknology - NDE, on behalf of
Mobil, reported the release which was assigned Incident No. 99-0490.
4. In March, 2000, ExxonMobil, initiated an investigation at the Oasis after its UST
gauging measurements and reconciliation indicated a variance in the regular unleaded fuel for
the periods of January and February 2000. A line test was conducted on or about March 12 and
14, 2000, which indicated that the regular unleaded gasoline product piping was not maintaining
pressure. On or about March 14, 2000, the incident was reported to IEMA and assigned Incident
No.2000-0446.
5. On or about March 15, 2000, following a failed line test, Tanknology-NDE, a
contractor working for ExxonMobil, reported a release to the IEMA which was assigned
Incident No. 2000-0450. Incident No. 2000-0450 was apparently a re-reporting of Incident No.
2000-0446.
6. On or about August 16, 2000, during a portion of Wight’s ongoing investigation
of the Oasis conducted for ISTHA, free product was identified in a vapor well located adjacent
to the existing UST field. Wight notified ISTHA, who subsequently notified ExxonMobil. On
August 16, 2000, ExxonMobil reported the release to IEMA and Incident No. 2000-1562 was
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assigned. In the 45-Day Report for this incident, Handex (a consultant for ExxonMobil)
indicated that the free product may be the result of Incident No. 2000-0450, since two (2)
separate UST system tightness tests indicated that the UST systems were operating within
normal ranges.
7. In September of 2003, the Mobil station was demolished to prepare for site
redevelopment. The site redevelopment included the replacement of the existing tanks. During
tank removal activities, soil and groundwater was determined to contain concentrations of target
analytes above IEPA Tier I Remediation Objectives for Industrial/Commercial Properties set
forth in 35 Ill. Admin. Code 742. Under the direction of the Office of the State Fire Marshall,
Wight, reported a release to IEMA on September 24, 2003 and Incident No. 2003-1416 was
assigned to the site. Since the release was reported during the removal of the existing tank
system associated with Incident No. 94-1818, Wight considered Incident No. 2003-1416 to be a
re-reporting of Incident No. 94-1818.
8. On or about April 8, 2005, ISTHA submitted a High Priority Corrective Action
Completion Report (“Report”) to the Agency.
9. On or about August 10, 2005, the Agency responded by rejecting the Report. A
true and complete copy of that rejection is attached hereto as Exhibit “A”.
10. The Oasis has been remediated to a level which is protective of human health and
the environment and complies with, but does not exceed, the minimum necessary requirements
of the Act and the regulations promulgated thereunder.
11. The Report submitted by ISTHA sufficiently addresses and meets or exceeds all
statutory and regulatory requirements of a high priority corrective action completion report,
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including (but not limited to): the incident reporting history of the Oasis; ISTHA’s investigation
of the Oasis; the remedial objectives established for the Oasis; exposure route analyses; the
remedial action taken; and a summary of the corrective action results.
12. Accordingly, ISTHA requests that the Board reverse the Agency’s determination
to reject the Lincoln Oasis South Report, because
inter alia
, the Report was completed in
accordance with the requirements of Title XVI of the Act and complied with 35 Ill. Adm. Code
732.409 and the bases asserted by the Agency for rejecting the Report are: a) inadequate and do
not form a sufficient basis for rejecting the Report; and /or b) are inaccurate because the
requested information is contained within the Report or has previously been provided to the
Agency in prior submissions thereto.
13. ISTHA reserves the right to present additional grounds for reversal of the Agency's
final determination, as they appear during the course of this Appeal.
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- 214165.1
WHEREFORE, the Petitioner, The Illinois State Toll Highway Authority, respectfully
requests that this Board grant a hearing in this matter and reverse the Agency's August 10, 2005
rejection of ISTHA's High Priority Corrective Action Completion Report for the Lincoln Oasis
South and remand this matter to the Agency with instructions to approve the Report as submitted,
and for any other relief as the Board deems just and appropriate.
Respectfully submitted,
THE ILLINOIS STATE TOLL
HIGHWAY AUTHORITY
By:
??S???????????????????
One of Its Attorneys
Kenneth W. Funk, Esq.
Phillip J. Zisook, Esq.
Karen Kavanagh Mack,Esq.
Special Assistant Attorneys General
Deutsch, Levy & Engel, Chtd.
225 W. Washington Street, Suite 1700
Chicago, IL 60606
(312) 346-146
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS STATE TOLL HIGHWAY )
AUTHORITY (Lincoln Oasis South), )
)
Petitioner, )
)
v. ) PCB - 06-37
) (UST Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY, )
)
Respondent. )
APPEARANCE
I, the undersigned, hereby file the appearance of Deutsch, Levy & Engel, Chartered in
this proceeding on behalf of the Illinois State Toll Highway Authority.
?S??
Special Assistant Attorney General
Kenneth W. Funk, Esq.
Phillip J. Zisook, Esq.
Karen Kavanagh Mack, Esq.
Special Assistant Attorneys General
Deutsch, Levy & Engel, Chtd.
225 W. Washington Street
Suite 1700
Chicago, IL 60606
(312) 346-1460
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 19, 2005
