VIA CERTIFIED MAIL
February 3, 2006
Ms. Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
RE :
Petition for Hearing
IEPA LUST Section
Corrective Action Plan Budget Decision Letter Dated December 29, 2005
On behalf of the property owner, per Sections 40 and 57 .7 (c)(1)(B) and (c)(4)(D) of the Act,
Newman and Boyer has prepared a Petition for Hearing for the above referenced IEPA LUST
Budget determination letter and the Approved Amounts identified in the letter (enclosed)
.
The fee for the Petition is also enclosed
.
If you have any questions, please do not hesitate to contact us .
Sincerely,
Environmental Protection Industries
Robert L. Mankowslci
Vice President
Enclosure
Petition for Hearing
Fee - $75 .00
Environmental Engineering
•
Assessment
•
Remediation
Brownfield Redevelopment
•
Grant Assistance
ENVIRONMENTAL PROTECTION INDUSTRIES
RECEIVED
CLERKS OFFICE
FEB 0 6 2006
STATE OF ILLINOIS
Pollution Control Board
Corporate Office 16650 South Canal
•
South Holland, IL 60473
•
tx 1 .800,526.1788
•
fax 1 .708.225.1117
•
office
1 .708.225.1115
website :www.environmental-epi.com
ENVIRONMENTAL PROTECTION,
INDUSTRIES, INC .
Petitioner,
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
Newman, Boyer & Statham, Ltd
.
900 Maple Rd
.
Third Floor
Homewood, Illinois 60430
708-957-5500
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 W. Randolph, Suite 11-500
Chicago, IL 60601
LPC #0430455024
(UST Fund Appeal)
NOTICE OF APPEAL AND
PETITION FOR HEARING
NOW COMES, petitioner, ENVIRONMENTAL PROTECTION INDUSTRIES, INC .,
by and through their attorneys, NEWMAN, BOYER & STATHAM, Ltd ., and on behalf of
Mr. Nediyakally, the property owner, and hereby notifies the respondent of its intention to
appeal the agency determination dated December 29, 2005 (Attached as exhibit A), contesting
the modifications to the proposed corrective action budget .
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Notice of Appeal and Petition for
Hearing, by certified first class mail, on February 3, 2006, upon the following persons
:
Respectfully submitted,
LkAh.o
k
M&z
c
1
6
RECERVED
CLERK'S OFFICE
FEB 0 6 2006
STATE OF ILLINOIS
Pollution Control Board
1021
NORTH GRAND AVENUE EAST,
P.O. Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276-( 217) 782-3397
JAMES
R .
THOMPSON CENTER, 1
00
WEST RANDOLPH, SUITE
11-300,
CHICAGO,
IL 60601
- (312) 81 4-6026
ROD
R .
BLAGOJEVICH, GOVERNOR
DOUGLAS
P. SCOTT,
DIRECTOR
217/782-6762
Gas Depot Oil Company
Attention : George Nediyakally
8700 N. Waukegan Rd., Suite 103
Morton Grove, Illinois 60053
Re :
•L
PC #0430455024 -- Du Page County
Glen Ellyn / Barge Way Oil Co
.
701 Roosevelt Rd .
LUST Incident No. 932568, 992852 & 20000305
LUST Technical File
Dear Mr. Nediyakally :
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
CERTIFIED MAIL
7004 2510 0001 8653 7827
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Amended High
Priority Corrective Action Plan (plan) submitted for the above-referencedd incident . This plan,,
dated November 16, 2005, was received by the Illinois EPA on November 18, 2005
. Please note
that the November 2005 plan replaced the. Amended High Priority Corrective Action Plan and
Budget dated September 16, 2005
.
Citations in this letter are from the Environmental Protection
Act'(Act) and 35 Illinois Administrative Code (35 Ill. Adm. Code) .
Pursuant to Section 57 .7(c)(4) of the Act and 35 111. Adm. Code 732.405(c), the plan consisting
of excavating accessible on and off-site soils to meet Tier 1' objectives based on a Class II
groundwater designation is approved. The activities proposed in the plan are appropriate to
demonstrate compliance with Title XVI of the Act and 35 Ill . Adm. Code 732. Please note that
all activities associated with the remediation of this release proposed in the plan must be
executed in accordance with all applicable regulatory and statutory requirements, including
compliance with the proper permits
.
In addition, the budget for the High Priority Corrective Action Plan is modified pursuant. to
Section 57.7(c)(4) of the Act and 35 Ill. Adm. Code 732.405(c). Based on the modifications
listed in Section 2 of Attachment A, the amounts listed in Section I of Attachment A are
approved. Please note that the costs must be incurred in accordance with the approved plan . Be
aware that the amount of reimbursement may be limited by Sections 57.8(e), 57.8(g) and 57.8(d)
of the Act, as well as 35111. Adm. Code 732 .604, 732 .606(s), and 732.611
.
Please note that, if the owner or operator agrees with the Illinois EPA's modifications, submittal
of an amended plan and/or budget, if applicable, is not required (Section 57 .7(c)(4) of the Act
and 35 Ill. Adm. Code 732.503(f)). Additionally, pursuant to Section 57 .8(a)(5) of the Act and
ROCKFORD-4302 North Main Street, Rockford . IL 61103-18151987-7760
•
DES PLAINES-9511 W. Harrison St., Des Plaines, IL 60016-(847) 294-4000
ELGIN-395 South Stale . Elgin, L6(1123-68471 608-3131
•
PEORIA-5415 N. University St., Peoria, IL 61614 - (309) 693.5463
BUREAU
Or
LAND - PEORIA-,'6 20 N . University St., Peoria, IL 61614-13091 693-5462
•
CHAMPAIGN - 2125 South First Street, Champaign . IL 61820- 1 22171 278-5800
SPRINGFIELD-45005 . Sixth Street Rd., Springfield. IL 62, 06-12171 786-6892
•
COLLINSVIILE- 2009 Mall Street, Collinsville. IL 62234-1618) 146-5120
Mgglo,'!3.09W ..Again.5t .. .. Suite_11.6,MarionJL-62959-(618)993-7--200
U 1„`
Ill. Adm . Code 7 _' .405(e), if reimbursement will be sought for any additional costs that mad
be incurred as a result of the Illinois EPA's modifications, an amended budget must be submitted
.
NOTE: Amended plans and/or budgets must be submitted and approved prior to the issuance of
a No Further Remediation (NFR) Letter . Costs associated with a plan or budget that have not
been approved prior to the issuance of an NFR Letter will not be reimbursable
.
All future correspondence must be submitted 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 assistance, please contact Melinda Friedel, P .E. at
217/782-6762
.
Sincerely,
Michael T. Lowder
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
Attachment :
Attachment A
Appeal Rights
c
:
Anthony Negri / Environmental Protection Industries
Division File
ttacnm e
Re
:
LPC #0430455024 -- Du Page County
Glen Ellyn Barge Wav Oil Co
.
701 Roosevelt Rd .
LUST Incident No . 932568, 992852 & 20000305
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code (35 Ill. Adm. Code) .
SECTION 1
The budget was previously approved for
:
$8,861 .50
Investigation Costs
$19,150.00
Analysis Costs
$47,654 .00
Personnel Costs
$3,086.00
Equipment Costs
$318,273.00
Field Purchases and Other Costs
$11,745.73
Handling Charges
As a result of the Illinois EPA's modification(s) in Section 2 of this Attachment A, the following
amounts are approved
:
$3,072.00
Investigation Costs
$4,525 .00
Analysis Costs
$2,300.00
Personnel Costs
$236.00
Equipment Costs
$241,745.42
Field Purchases and Other Costs
$9,886.85
Handling Charges
Therefore, the total cumulative budget is approved for :
$11,933.50
Investigation Costs
$23,675.00
Analysis Costs
$49,954 .00
Personnel Costs
53,322.00
Equipment Costs
$560,018 .42
Field Purchases and Other Costs
$21,632.58
Handling Charges
SECTION 2
In accordance with Section 57.7(c)(4) of the Act and 35 111. Adm. Code 732 .503(b), any
action by the Illinois EPA to disapprove or modify a plan or budget submitted pursuant
to Title XVI of the Act shall be provided to the owner or operator in writing within 120
days of receipt
.
The Illinois EPA previously notified the owner or operator of its final action . Further,
in accordance with Section 57.7(c)(4) of the Act and 35 Ill. Adm. Code 732.503(f), the
Illinois EPA's action to reject or require modification of the plan or budget, or the
rejection of any plan. or budget by operation of law, was subject to appeal to the Illinois
Pollution Control Board within 35 days after the Illinois EPA's final action
.
$167,125.98 adjustment in field purchases is being made including $114, 312.00
associated with the previouslv approved budget for excavation activities that was
approved as being reasonable for completion of the proposed work along with
$52,813.98 associated with the additional excavation activities being approved at
this time .
The Illinois has determined that these costs are not reasonable as submitted (Section
57.7(c)(4)(C) of the Act and 35 Ill. Adm. Code 732.606(hh)). One of the overall goals
of the financial review is to assure that costs associated with material, activities, and
services are reasonable (35 Ill. Adm. Code 732 .505(c)). Furthermore, documentation
has not been provided demonstrating that $94 .75 per cubic yard for soil excavation,
transportation, disposal and backfill is reasonable
.
2
.
$3,342.52 for an adjustment in handling charges based on the previous deductions
.
Apnea! Rights
An undercround storacc tanl: owner or operator ma} anneal this final decision to the Illinois
Pollution Control Board pursuant tc Sections 40 and 5- .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 he 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
