RECEIVED
BEFORE THE POLLUTION CONTROL BOARD
CLERK'S OFFICE
OF THE STATE OF ILLINOIS
Petitioner,
)
v .
)
PCB No. 06-
O
and PCB No. 06- ~~ D
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
L. KELLER OIL PROPERTIES / FARINA
NOTICE OF FILING
TO :
William Ingersoll
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
PLEASE TAKE NOTICE that on June 23, 2006, filed with the Clerk
of
the Illinois
Pollution Control Board of the State
of
Illinois an original, executed copies of two (2) Petitions
for Review of Illinois Environmental Protection Agency Decisions and Motion to Consolidate .
Dated: June 23, 2006
Carolyn S. Hesse
Barnes& Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
338811vI
By
:
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Respectfully submitted,
L. KELLER OIL PROPERTIES / FARINA
One of Its At
s
IThis filing submitted on recycled paper as defined in 35 111. Adm. Code 101.2021
JUN 2 3 2006
STATE OF ILLINOIS
Pollution Control Board
CERTIFICATE OF SERVICE
I, on oath state that I have served the attached two (2) Petitions for Review of Illinois
Environmental Protection Agency Decisions and Motion to Consolidate by placing a copy in an
envelope addressed to
:
William Ingersoll
Carol Webb
Illinois Environmental Protection Agency
Hearing Officer
1021 North Grand Avenue East
Illinois Pollution Control Board
P.O. Box 19276
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
P.O. Box 19274
Springfield, Illinois 62794-9274
from One North Wacker Drive, Suite 4400, Chicago, Illinois, before the hour of 5 :00 p.m ., on
this 23rd Day of June, 2006
.
Carolyn S . Hes
(This filing submitted on recycled paper as defined in 35 111 . Adm. Code 101 .2021
2
RECEIVED
CLERK'S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
JUN 2 3 2006
L. KELLER OIL PROPERTIES, Inc. / FARINA
)
STATE OF ILLINOIS
Pollution Control Board
Petitioner,
)
v .
) PCB 06-
and PCB 06-_tct
b
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
MOTION TO CONSOLIDATE
NOW COMES L. Keller Oil Properties, Inc . by one of its attorneys, Carolyn Hesse of
Barnes & Thornburg, pursuant to 35 111. Adm. Code 101 .406 and hereby moves to consolidate
the two appeals of Illinois Environmental Protection Agency ("Agency") decisions that are being
filed on this date. In support of this motion, Petitioner states as follows :
I
.
Both of the appeals filed at the same time as this Motion to Consolidate involve
similar letters from the Agency regarding the same former gasoline service station
located at 1003 West Washington Avenue, Farina, Fayette County, Illinois . This
property is owned by L. Keller Oil Properties, Inc
.
2
.
Both appeals are related to corrective action activities at that site
.
3
.
Because the factual basis of the petitions are closely related, consolidating the
petitions into one proceeding will be more convenient to the Board, the Agency
and Petitioner; consolidation will also result in a more expeditious and complete
determination of the issues and would not cause material prejudice to any party
.
Further, consolidation of the appeals will provide for a more efficient
administration of justice and reduce duplication of efforts that would be required
if the appeals were handled separately. The burden of proof for the appeals is
identical and will be based on nearly identical facts and background information
.
WHEREFORE, Petitioner, L. Keller Oil Properties, Inc. respectfully requests that the
Board grant its motion to consolidate the petitions filed on this date
.
Respectfully submitted,
L . Keller Oil Properties, Inc . / Farina
By :
-J
One of Its A rneys
Carolyn S. Hesse, Esq .
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
3387770
2
This filing submifed on recycled paper as defined in 35 III . Adm . Code 101.2021
RECEIVED
BEFORE THE POLLUTION CONTROL BOARD
CLERK'S
OFFICE
OF THE STATE OF ILLINOIS
JUN
2
3 2006
L. KELLER OIL PROPERTIES, Inc . / FARINA )
STATE OF
ILLINOIS
(Incident No. 20060153)
)
Pollution Control Boarn
Petitioner,
)
v
.
)
PCB No. 06-
I
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY DECISION
L. Keller Oil Properties, Inc. / Farina, 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
.
L. Keller Oil Properties, Inc. ("Petitioner"), is the owner of property where
a former gasoline service station was located at 1003 West Washington
Avenue, Farina, Fayette County, Illinois (the "Station")
.
This gasoline
service station had underground storage tanks (UST's) on the property,
which stored gasoline, diesel fuel and heating oil
.
2 .
LUST Incident Number 20060153 was obtained following a site
investigation during which it was determined that the diesel fuel and
heating
oil USTs leaked
.
The
site
has
also
been
assigned
LPC #0514155011 - Fayette County .
(This filing submitted on recycled paper as defined in 35 111 . Adm. Code 1111.2021
3
.
Petitioner
sent
to
the
Agency
a
45-Day
Report
("Report")
dated
March 23, 2006, in accordance with applicable regulations
.
(See Exhibit
1 .) The Agency received this document on March 24, 2006
.
4
.
On May 22, 2006, the Agency sent a letter to Petitioner (the "Letter") that
referenced the 45-Day Report and stated as follows
:
Based on the information currently in the Illinois EPA's
possession, this incident is not subject to Title XVI of the Act or
35111. Admin. Code 731
.
Therefore, the Illinois EPA leaking
underground storage tank section had no reporting requirements
regarding this incident
.
(See
Exhibit 2 .)
The Letter also refers to Office of State Fire Marshall ("OSFM")
regulations at 41 111 . Admin. Code 170.580 regarding confirmation of
releases .
Although it is not clear from the Letter, it appears that the
Agency is claiming that the 45-day Report does not state that a release was
confirmed within 14 days of the initial release report, and as a result, the
incident is not subject to the Act or to rules regulating underground
storage tanks .
(See
Exhibit 2 .)
6
.
The Agency's Letter provides no additional information regarding [EPA's
decision
.
7
.
Although the Illinois EPA Letter of May 22, 2006, does not specifically
state Petitioner's right to file an appeal, the nature and tone of the Letter is
a final decision refusing Petitioner's request, which pursuant to Section 40
of the Act, 415 ILCS 5/40, and 35 Ill. Admin. Code 105 .400
et. seq .
provides Petitioner with appeal rights .
This riling submitted on recycled paper as defined in 35 111. Ad m. Code 101 .202
2
8 .
Petitioner is appealing the Agency's decision Letter dated May 22, 2006
.
The Agency's conclusions that the incident is not subject to Title XVI of
the Act or 35 Ill. Admin. Code 731 is in error and is contrary to
information in the Agency's file. Because the release was discovered and
reported in 2006, it is subject to Title XVI
.
10
.
Petitioner complied with the OSFM's regulations at 41 111 . Admin. Code
170 .
11
.
Because petroleum odor and discoloration were observed in soils
immediately adjacent to the diesel fuel UST and next to the heating oil
UST, a release was reported on February 10, 2006. A release of petroleum
products was confirmed at the site on the day of the initial release report to
the Agency .
Further, when the diesel fuel and heating oil tanks were
removed on March 22, 2006, the Office of the State Fire Marshall
reconfirmed the release
.
12 .
The Office of the State Fire Marshall determined that the subject
underground tanks were eligible for reimbursement from the Underground
Storage Tank Trust Fund
. See Exhibit 3 .
13 .
The Agency's decision is contrary to information in the Agency's files
.
14 .
An extension of the Early Action time period was requested from the
Agency and in a letter dated March 10, 2006, the Agency approved an
extension of the Early Action time period at this site
. (See Exhibit 4 .)
15
.
In a letter dated March 22, 2006, Petitioner's consultant advised the
Agency that when the tanks were removed, "[c]ontamination was evident
This filing submitted on recycled paper as defined in 35 111. Adm. Code 101.2021
3
within the excavation and it was attributed to the initial incident ."
(See
Exhibit 5 .)
16 .
By letter dated April 7, 2006, the Agency acknowledged receipt of the 45-
Day Report and a Stage I Site Investigation Plan and Budget . By that
same letter, the Agency approved the Stage 1 Site Investigation Plan
.
(See
Exhibit 6 .)
17 .
The Agency's decision set forth in the Letter from which this appeal is
being taken is without merit and is contrary to the Act and implementing
regulations.
WHEREFORE, L. Keller Oil Properties, Inc . / Farina respectfully requests that
the Board enter an order reversing the Agency's letter dated May 22, 2006 and requiring
the Agency to honor the Office of the State Fire Marshall's eligibility determination and
for L. Keller Oil Properties, Inc . / Farina's attorneys' fees and costs in bringing this
appeal
.
Carolyn S . Hesse, Esq .
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
342822vI
Respectfully submitted,
L . Keller Oil Properties, Inc ./Farina
B
cwl`
I
l1k
One of Its Atto
lk
e
s
This filing submitted on recycled paper as defined in 35 111. Adm. Code 101.2021
4
45-DAY REPORT
Farina 711
Farina, Illinois
LPC # 0514155011-Fayette County
Incident Number 06-0153
Submitted to:
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Leaking Underground Storage Tank Section, Bureau Of Land
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
Prepared by :
CW3M COMPANY, INC .
701 South Grand Avenue West
400 West Jackson, Suite C
Springfield, Illinois
Marion, Illinois
(217) 522-8001
(618) 997-2238
MARCH 2006
EXHIBIT
CW3M Company, Inc
.
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 06-0153
Project Manager: MKC
5/23/06 2:27 PM
I
DOCUMENT REVIEW
Incident Reported: 02/10/06
Due to IEPA: 03/27/06
Reviewer
Date
Distributed
Date
Completed
Date
Incorporated
Comments
Incorporated
Carol Rowe
3/15/06
3/19/06
3/23/06
3/23/06
Vince Smith
3/15/06
3/16/06
3/23/06
3/23/06
Jeff Wienhoff
3/15/06
3/17/06
3/23/06
3/23/06
ACTION ITEMS
X
Check LPC #
MKC
X
References, table of contents, tables, acronyms
MKC
X
Date site was inspected/mapped/waste characterization
MKC
X
All Maps Drawn (Location, Utility, Topo)
MKC
X
Request soil condition, reference, climate information
MKC
X
Tank status verified
MKC
X
45-Report form complete and updated
MKC
X
Cover letter & receipt
MKC
CW3M Company, Inc
.
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 06-0153
CONTENTS
APPENDICES
ii
TABLES
ii
ACRONYMS AND ABBREVIATIONS
ii
1. INTRODUCTION
1
2. SITE LOCATION
2
3. BACKGROUND INFORMATION
2
4. EARLY ACTION ACTIVITIES
2
4.1 Tank Removal Activities
3
4.2 Soil Removal
3
4.3 Groundwater
4
4.4 Free Product
4
5. SITE CHARACTERIZATION
5
5.1 Nature and Quantity of Release
5
5.2 Surrounding Populations
5
5.3 Water Quality
5
5.4 Well Data
5
5.5 Subsurface Soil Conditions and Regional Geology
6
5 .5.1 Surficial Geology
6
5 .5.2 Bedrock Geology
6
5 .5.3 Distribution of Aquifers
6
5 .5.4 Soil Conditions
6
5 .5.5 Potential for Contamination of Shallow Aquifers 6
5.6 Climatological Conditions
7
5.7 Land Use
7
6. SITE ASSESSMENT ACTIVITIES
8
6.1 Initial Abatement Measures And Site Check
8
6.2 Free Product Investigation
8
6.3 Safety Procedures and Hazard Mitigation
8
7. CONCLUSIONS AND RECOMMENDATIONS
9
8. REFERENCES
10
CWWM Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 06-0153
APPENDIX A
45-Day Report Form
APPENDIX B
Site Maps and Illustrations
HAZWOPER
IDOT
IEMA
IEPA
ILCS
ISGS
ISWS
JULIE
OSFM
OSHA
UST
USDA
APPENDICES
TABLES
Table 4-1 . Underground Storage Tank Summary
3
ACRONYMS AND ABBREVIATIONS
Hazardous Waste Operations and Emergency Response
Illinois Department Of Transportation
Illinois Emergency Management Agency
Illinois Environmental Protection Agency
Illinois Code of Statutes
Illinois State Geological Survey
Illinois State Water Survey
Joint Utility Locating Information for Excavators
Illinois Office of the State Fire Marshal
Occupational Safety and Health Administration
Underground Storage Tank
United States Department of Agriculture
ii
CW3M Company, Inc.
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 06-0153
1. INTRODUCTION
L. Keller Oil Properties, Inc ., owner of the underground storage tanks (USTs) at the
Farina 711, reported a suspected release to the Illinois Emergency Management
Agency (IEMA). Incident Number 06-0153 was assigned on February 10, 2006 . L .
Keller Oil Properties, Inc., then requested CW3M Company, Inc. to proceed with the
reporting and early action requirements in accordance with the requirements of 35 Ill
.
Adm. Code § 734. This 45-Day Report is being prepared in response to Incident
Number 06-0153
.
The 20-Day Certification was submitted to the Illinois Environmental Protection
Agency (IEPA) on February 21, 2006 . This 45-Day Report has been prepared in
accordance with the requirements of 35 Ill . Adm. Code § 734. The 45-Day Report
Form is included in this document as Appendix A
.
The preliminary geological investigation presented in this document was performed
under the direction of an Illinois Licensed Professional Geologist and was completed in
accordance with the Professional Geologist Licensing Act and its Rules for
Administration
.
A request for extension of the early action period, through July 9, 2006, was submitted
to the Illinois Environmental Protection Agency on March 2, 2006, in order to allow
for additional time to complete the necessary clean-up and demobilization, receive and
evaluate all field samples analytical results, and assemble all corrective action
documentation . On March 10, 2006, the Agency approved the request through July 9,
2006 (IEPA, 2006) . The 45-Day Addendum Report will be submitted within the
approved time frame to document completion of the remainder of the early action
activities .
I
CW'M Company, Inc.
45-Day Repon
Farina/Farina 711
LPC #0514155011- Incident Number 06-0153
2. SITE LOCATION
Farina 711 is located at 1-57 & Rt 185, Farina, Fayette County, Illinois . The site is
located in the NE
1
/a
of the NE
'/a
of the NW
'/a
of Section 32, Township 5 North of the
Centralia Baseline and Range 4 East of the Third Principal Meridian
.
3. BACKGROUND INFORMATION
Farina 711 reported an apparent release to the IEMA and Incident Number 06-0153
was assigned to the notification
.
4. EARLY ACTION ACTIVITIES
Following IEMA notification of the apparent release, L . Keller Oil Properties, Inc .,
requested that CW'M proceed with reporting requirements and early action activities in
accordance with 35 Ill. Adm. Code § 734
.
While on site on February 13, 2006, in association with incident 2005-1539, CW'M
personnel inspected the USTs and mapped the site. The tanks were inspected to ensure
that as much of the regulated substance as possible had previously been removed
.
Additional inspections were conducted prior to UST removals to monitor for
recoverable liquids in the tanks
.
2
CW3M Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 06-0153
4.1 TANK REMOVAL ACTIVITIES
A description of the tanks is provided, detailing the conditions observed during
removal. Tank information is included in Table 4-1
.
Tank 4: This tank was found to be in good condition. OSFM Tank Specialist
Weedman determined that the piping and overfills contributed to the release
.
Tank 5: This tank was found to be in good condition . OSFM Tank Specialist
Weedman determined that the piping and overfills contributed to the release
.
Table 4-1 . Underground Storage Tank Summary
Prior to removal of the tanks, Joint Utility Locating Information for Excavators
(JULIE) will be contacted to locate all utilities on the site . The tanks will be inspected
again for any residual product that may have remained or water that may have
accumulated .
4.2 SOIL REMOVAL
Backfill material removal was initiated following removal of the USTs and is currently
underway
.
3
Tank
Number
Tank
Volume
(gallons)
Tank
Contents
Incident
Number
Release
Information
Current
Status
1
8,000
Gasoline
05-1539
Piping &
Overfill
Removed
2/7/06
2
8,000
Gasoline
05-1539
Piping &
Overfill
Removed
2/7/06
3
8,000
Gasoline
05-1539
Piping &
Overfill
Removed
2/7/06
4
12,000
Diesel
06-0153
Piping &
Overfill
Removed
3/22/06
5
1,000
Heating
Oil
06-0153
Overfills
Removed
3/22/06
CW3M Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 06-0153
4.3 GROUNDWATER
Groundwater was encountered at about eight to ten feet below the ground surface,
during early action
.
4.4 FREE PRODUCT
No free product has been found at the site
.
4
CW'M Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 06-0153
5. SITE CHARACTERIZATION
5.1 NATURE AND QUANTITY OF RELEASE
On March 22, 2006, OSFM Tank Specialist Terry Weedman was at the site to oversee
the tank removal activities conducted and coordinated by the CW'M Company, Inc
.
Removal of the tanks at the site confirmed the release and the factors that contributed
to the release. The quantity of the release is unknown. However, it was confirmed to
have migrated beyond the backfill materials into the surrounding native soil
.
5.2 SURROUNDING POPULATIONS
The population of Farina, Illinois is 575 (IDOT, 1999) . The site is surrounded by
commercial, residential, and agricultural properties
.
5.3 WATER QUALITY
According to the Illinois Pollution Control Board, three Class III Groundwater
contributing area exist; however, they are located in McHenry County, Monroe
County, and St . Clair County. Therefore, CW'M will consider the groundwater at this
site to be Class I unless demonstrated otherwise pursuant to 35 Ill . Adm. Code §
620.210 .
5.4 WELL DATA
A survey of water supply wells for the purpose of identifying and locating all
community water supply wells within 2,500 feet of the UST systems and all potable
water supply wells within 200 feet of the UST systems is in progress . The Illinois
State Water Survey (ISWS), the Illinois State Geological Survey (ISGS) and the IEPA
Division of Public Water Supplies were contacted via Source Water Assessment
Program online for information on water supply wells in the vicinity of the site on
February 21, 2006 . Additionally, the local unit of government with authority over the
site will be contacted to determine if there is a local ordinance or policy regulating the
usage of potable water supply wells . Information provided from the agencies will be
documented in a subsequent report .
5
CWM Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 06-0153
5.5 SUBSURFACE SOIL CONDITIONS AND REGIONAL GEOLOGY
5.5.1 Surficial Geology
According to the 1988 "Stack-unit map", the area consists of less than 6 meters (19 .7
ft) of the Glasford Formation underlain by less than 6 meters (19 .7 ft) of the shales
from Pennsylvania bedrock (ISGS, 1988) . The Glasford Formation classification is
consistent with the "G" classification from the "Berg Circular" discussed below in
Section 5 .5 .5 .
5.5.2 Bedrock Geology
Under at least 20 feet of surficial deposits, lies Pennsylvanian bedrock (ISGS, 1984)
.
The eastern Illinois Pennsylvanian rocks are largely composed of clastic rocks,
sandstone, and in certain parts of the system siltstone, shale, coal and limestone can be
found (ISGS, 1975) .
5 .5.3 Distribution of Aquifers
Fayette County is a favorable source for groundwater possibilities . Some of the water -
yielding deposits, for Fayette County, come from sand and gravel deposits at depths
below 50 to 150 feet, with a few occurring as deep as 200 feet (ISGS, 1957)
.
5.5.4 Soil Conditions
The Cisne land complex consists of poorly-drained, very slowly permeable soil with a
seasonal high water table of 0 to 2 feet below land surface . The Cisne land complex
has a low to high shrink-swell potential and a low organic matter content . (USDA,
1997)
.
5.5.5 Potential For Contamination Of Shallow Aquifers
This section provides a description of the anticipated regional geology . Specific data
on site soils will be developed if site evaluation is required for this site . The literature
that may be reviewed to determine consistency with ISGS Circular 532, also known as
the "Berg Circular," is identified in Section 8 of this document
.
ISGS Circular Number 532, the Berg Circular, indicates that the site is located in an
area classified as "G" . The area "G" is representative of a region composed of
relatively impermeable bedrock
.
6
CWM Company, Inc.
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 06-0153
The geologic limitations listed within the Berg Circular 532, concerning "G" sequence,
states that the potential for contaminating shallow aquifers is very low (ISGS, 1984)
.
5.6 CLIMATOLOGICAL CONDITIONS
Fayette County has typical south-central Illinois temperatures, with mild winters and
hot summers. The average annual precipitation is about 43 inches. The months of
January and February are usually the driest months, and spring and summer months of
March through June being the wettest. The warmest month is July and the coolest
month is normally January (Weather.com, 2006) .
5.7 LAND USE
The site is surrounded by residential, agricultural and commerical properties and is
near Interstate 57 .
7
CW'M Company, Inc .
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 06-0153
6. SITE ASSESSMENT ACTIVITIES
6.1 INITIAL ABATEMENT MEASURES AND SITE CHECK
The USTs were inspected to ensure that the tank contents had been removed to prevent
further release . The tanks were removed, contaminated backfill is being excavated and
removed for disposal in an attempt to remove the contamination source and to prevent
further migration of the contaminants
.
6.2 FREE PRODUCT INVESTIGATION
No free product has been observed during CW'M site investigation activities . The free
product investigation will continue, as necessary, throughout the early action period .
6.3 SAFETY PROCEDURES AND HAZARD MITIGATION
To ensure the health and safety of site workers and neighboring residents and
properties during excavation and tank removal activities, the on-site supervisor was an
Occupational Safety and Health Administration (OSHA) Certified Excavation
Competent Person. All site workers have completed the OSHA 40-Hour Hazardous
Waste Operations and Emergency Response (HAZWOPER) Site Safety training and
refreshers. Persons who have not completed the necessary safety training were
prevented from entering the work area
.
8
CW3M Company, Inc
.
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 06-0153
7. CONCLUSIONS AND RECOMMENDATIONS
It was determined that a release had occurred from the USTs on the property . To
avoid further migration of contamination, removal of the USTs was deemed prudent
.
As stated previously, the removal of the USTs was conducted on March 22, 2006,
under the supervision of OSFM Tank Specialist Terry Weedman . Removal of the
contaminated backfill material and backfilling is currently underway at the site
.
9
CW3M Company, Inc.
45-Day Report
Farina/Farina 711
LPC #0514155011- Incident Number 06-0153
8. REFERENCES
IDOT, 1999. Illinois Department of Transportation, Official Highway Map, 1999-
2000 .
IEPA, 2006 .
Illinois Environmental Protection Agency,
Early Action
Correspondence,
Farina 711, March 10, 2006 .
ISGS, 1957 . Lidia F. Selkregg, Wayne A. Pryor, and John P . Kempton,
Groundwater Geology in South-Central Illinois,
Illinois State Geological Survey,
Circular 225, 1957
.
ISGS, 1975 . H . B. William, et al ., Handbook of Illinois Stratigraphy, Illinois State
Geological Survey, Bulletin 95, 1975
.
ISGS, 1984. R. Berg,
et al, Potential for Contamination ofShallow Aquifers in
Illinois,
Illinois State Geological Survey, Circular 532, 1984
.
ISGS, 1988. R. Berg, and J. Kempton, Illinois State Geological Survey Circular
542, Stack-Unit Mapping of Geologic Materials in Illinois to a Depth of15 Meters,
1988
.
USDA, 1997. United States Department of Agriculture, Soil Conservation Service,
in cooperation with Illinois Agricultural Experiment Station,
Soil Survey ofFayette
County, Illinois,
July 1997
.
Weather.com, 2006. Temperature and Precipitation Annual Averages,
www.weather.com, accessed February 9, 2006
.
1 0
APPENDIX A
45-DAY REPORT FORM
45-DAY REPORT
FARINA 711
FARINA, ILLINOIS
APPENDIX B
SITE MAPS AND ILLUSTRATIONS
45-DAY REPORT
FARINA 711
FARINA, ILLINOIS
INDEX OF DRAWINGS
Drawing
Number
Description
File Name
0001
Location Map
SiteMap.doc
0001a
Topographic Map
TopoMap.doc
0002
Site/Utilities Map
site.dwg
03/13/1994
04:08
2175228009
1021 NORTH GRAND AVENUE EAST, P.O .
Box
19276, SPRINOnELD, ILLINOIS 62794-9276 -( 217) 782-3397
JAMES
R .
THOMPSON CENTER, 100 WEST RANDOLPH,
SUITE 11-300,
CHICAGO,
IL
60601 -(312)
814-6026
Roo R
.
BLAGOJEVICH, GOVERNOR
DOUGLAS
P. SCOTT,
DIRECTOR
217/782-.6762
CERTIFIEDMAIL
7004 2S10 0001 8590 3913
MAY 2 2 2006
L. Keller Oil Properties
Attention: Charles Keller
P.O. Box 70
Effingham, IL 62401
Re :
LPC #0514155011 -- Fayette County
Farina / L. Keller Oil Properties
1003 West Washington Avenue
Leaking UST Incident No, 20060153
Leaking UST Technical File
Dear Mr. Keller :
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the 45-day Report
(report) submitted for the above-referenced incident
.
This report, dated March 22, 2006, was
received by the Illinois EPA on March 24, 2006 . 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 (35 111. Adm. Code) .
Based on the information currently in the Illinois EPA's possession, this incident is not subject to
Title XVI of the Act or 35111 . Adm. Code 731. Therefore, the Illinois EPA Leaking
Underground Storage Tank Section has no reporting requirements regarding this incident.
According to the information contained within the 45-day Report and other information
in the
division file, the above-referenced Incident number was assigned as a report of a suspected
release of petroleum from the UST system pursuant to 41 IAC Section 170 .560. Pursuant to 41
IAC, Section 170.580(b), owners and operators shall investigate and confirm all suspected
releases within 14 days by conducting a site assessment pursuant to 41 IAC Section 170.580(c) .
Additionally, pursuant to 351AC 734.210(a), early action and other reporting duties are required
upon confirmation of a release . Pursuant to 35 IAC, Section 734 .115 "confirmation of a release"
means the confirmation of a release of petroleum in accordance with regulations promulgated by
the Office of the State Fire Marshal at 41 IAC Section 170 . It does not appear as though a release
was confirmed within 14 days as required by the Section 170 regulations
.
ROCKFORD-4302
North Main Street, Rockford, ILO 1103 -ISIS) 967-7760
•
DES
PLAINSU-9511 W. Harrison St ., De, Plainer,
IL 60016 -(847) 294-4000
ELGIN-595 South State,
Eight,
IL60123-(847)608-3131
•
PEORIA-54T5N. University St., Peoria,It.61614-(309)693 .5463
Bux1AU OP LAND-
PEORIA- 762014, University St ., Peoria, It 61614-(309) 693-5462
•
C,-E
WPNCN-21 25 South First Street, Champaign, IL 61520 - (117) 2785600
SPRNCrIESO-45005 . Sixth Street Rd., Springfield, IL 62706-(217) 786-6092
•
COWN$VItIP-2009 Mall Street CdOnsville, II, 62234 -(618) 346-5120
MARION-2309 W. Main SL Suite 116, Marion, IL 62959 -(618) 993-7200
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PAGE
02
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
RECEIVED
MAY 2 9
2006
BY:
EXHIBIT
Ud/ 1 J/I"1
h4 :00
2175220009
Page 2
If you have any questions or require further assistance, please contact Carol Hawbaker at
217/782-5713
Sincerely,
Harry A. Chappel, P.E .
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
HAC:CLH
c :
CW3M Company
BOL File
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PAGE 03
04/06/1994 02:16
Sasnl ONlo.
217-7950999
217-792-2894
FIRE PREVENTION
241-18"714
MANAGEMENT SERVICES
217-782-0999
INFIRS
217-785-5828
NUMMI RESOURCES
217-785-IO2e
PERSONNEL STAND&RDS
Fnd EDUCATION
217.792.4512
PETROLEUM and
CHEMICAL SAFETY
277-795
.5878
PUBLIC INFORMATION
217.7961021
WED BITE
.slate.e
m
L. Keller Oil Properties, Inc
.
c/o CW3M Company
P.O. Box 571
Carlinville,IL 62626
lnlte :
Facility No. 6-007996
IEMA Incident No. 06-0153
Farina 711
I-57 & Rt. 185
Farina, Fayette Co., IL
Dear Applicant ;
The Reimbursement Eligibility and Deductible Application
received
on March 27, 2006 for the above
referenced occurrence has been reviewed . The following determinations have been made based upon
this review.
It has been determined that you are eligible to seek payment of costs in excess of $15,000 . The costs
must be in response to the occurrence referenced above and associated with the
following tanks :
EligibleTanks
Tank 4
12,000 gallon Diesel
Tank 5
1,000 gallon Heating Oil
You must contact the Illinois Environmental Protection Agency to receive a packet of Agency billing
farms for submitting your request for payment .
An owner or operator is eligible to access the Underground Storage Tank Fund
if the eligibility
requirements are satisfied :
217522B009
Office of the Illinois
State Fire Marshal
"Partnering With the Fire Service to Protect Illinois"
CERTIFIED MAIL
- RECEIPT REQUESTED
#7003 3110 0004 1274 7244
APR 2 62006
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PAGE
09
Neither the owner nor the operator is the United States Government,
The tank does not contain fuel which is exempt from the Motor Fuel Tax Law,
The costs were incurred as a result of. a confirmed release of any of the following substances ;
'Duet', as deftned in Section 1 .19' of the Motor Fuel Tax Law
Aviation fuel
1035 Stevenson Drive
•
Springfield, Illinois 62703-4259
Pla Nd ee Recycled rape,
EXHIBIT
FAY
217-782-1082
OMelona
ARSON INVESTIGATION
217-7824118
April 6,2006
BOILER end PREBauRE
VESSEL SAFETY
04/06/1994
02:16
2175228009
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PAGE
10
Heating oil
Kerosene
Used oil, which has been refined from crude oil used in a motor vehicle, as defined in Section 1
.3
of the Motor Fuel Tax Law .
4 .
The owner or operator registered the tank and paid all fees in accordance with the statutory and regulatory
requirements of the Gasoline Storage Act
.
5 .
The owner or operator notified the Illinois Emergency Management Agency of a confirmed release, the
costs were incurred after the notification and the costs were a result of a release of a substance listed in this
Section Costs of corrective action or indemnification incurred before providing that notification shall not
be eligible for payment.
6 .
The costs have not already been paid to the owner or operator under a private insurance policy, other
written agreement, or court order-
7 .
The costs were associated with "corrective action"
.
This constitutes the final decision as it relates to your eligibility and deductibility . We reserve the right to change
the deductible determination should additional information that would change the determination become available .
An underground storage tank owner or operator may appeal the decision to the Iliuois Pollution Control Board
(Board), pursuant to Section 57 .9 (c) (2). An owner or operator who seeks to appeal the decision shall file a petition
for
a heating before the Board within 35 days of the date of mailing of the final decision,
(35 Illinois Administrative
Code 105 .102(a) (2)).
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, Illinois 60601
(312) 814-3620
The following tanks are also listed for this site
:
Tank 1
8,000 gallon Gasoline
Tank 2
8,000 gallon Gasoline
Tank3 8,000 gallon Gasoline
Your application indicates that them has not been a release from these tanks under this incident number . You may
be eligible to seek payment of corrective action costs associated with these tanks if it is determined that there has
been a release fmm one or more of these tanks . Once it is determined that there has been a release from one or more
of these tanks you may submit a separate application for an eligibility determination to seek corrective action costs
associated with this/these tanks
.
04/06/1994
02:16
2175228009
If you have any questions, please contact our Office at (217) 785-1020 or (217) 785-5878
.
Sincerely,
Deanne Lock
Administrative Assistant
Division of Petroleum and Chemical Safety
CC :
IEPA
Facility File
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11
179/Ob/1344
02:lb
21/b22B009
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PAGE
02
A
217/782-6762
MAR 1 0 20M
L. Keller Oil Properties
P.O. Box 70
Effmgham,IL 62401
Re :
LPC # 0514155011-Fayette County
Farina/L. Keller Oil Properties
1003 West Washington Avenue
LUST Incident No. 20060153
LUST Technical File
Dear Sir or Madam :
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the correspondence
submitted for the above-referenced incident. This Early Action Extension was received by the
Illinois EPA on Match 2, 2006 . 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
(35111. Adm. Code) .
1021
NORTH
GRAND AvENUE EAST,
P.O. Box
19276, SPRINGFIELD, ILLINOIS 62794-9276, 217-782-3397
JAMES
R.
THOMPSON CENTER,
100
WEST RANDOLPH, SUITE
11-300,
CHICAGO,
IL 60601,
312-814-6026
ROD R. BLAGOIEVICH, GOVERNOR
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
CERTIFIED MAIL
7004 2510 0001 8591 2456
MAP ((
2006
The correspondence requested that the period for which early action costs be considered
reimbursable be extended beyond the initial 45-day period . The Illinois EPA has determined that
early action activities for the above-referenced incident may be conducted beyond the initial 45-
day period. The initial 45-day period for which early action costs shall be considered
reimbursable is extended to July 9, 2006 .
Please note the Illinois EPA cannot extend the date on which the 45-Day Report is due
.
However, the 45-day period during which underground storage tank (UST) removal and early
action activities are to be completed for reimbursement purposes may be extended pursuant to 35
III. Adm. Code Section 732.202(g). Therefore, the 45-Day Report must be submitted within 45
days of release confirmation .
An amended 45-Day Report or other report documenting the activities conducted during the early
action extension period must also be submitted to the Illinois EPA. Please note 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 .
Rocxfpap-4302 North Main Street, Rockford, IL 61103 .- (6151967-7760
•
DES PLAmos-9511 W . Harrison St ., Des Plainer, IL 60016- (847) 294-4000
L aN-.595 South State, Elgin, IL 60123-(847) 6063131
•
PEORIA-5415 N . University St., Peoria, IL 61614-(309) 693-5463
BUREAU of LAND - PEORIA-7620 N
. University St., Peoria, IL 61614-(309) 693-5462
CHAMPAIGN-2125 South First Street, Champaign, IL 61820- (217) 278-5800
SPRINONELb- 45005 . Sixth Street Rd ., Springfield, IL 62706-(217) 786-6592
••
COLUNEVIUE-.2009 Mall Street, Collinsville, IL 62234 - (616) 346.5120
MARION- 2309 W. Main St., Suite 116, Marion, IL 62959 -(618) 993-7200
PR,NTED 0r+ Rtcrctto PAFR
EXHIBIT
04/06/1994 02 :16
2175228009
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Page 2
Submit all future correspondence to :
Illinois Environmental Protection Agency
Bureau of Land -#24
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield. Illinois 62794-9267
Please submit all correspondence in duplicate and include the Re : block shown at the beginning
of this letter.
Within 35 days after the date of mailing of this final decision, the owner or operator may petition
for a hearing before the Illinois Pollution Control Board (Board) to contest the decision of the
Illinois EPA. (For information regarding the filing of an appeal, please contact the Board at
312/814-3620.) However, the 35-day period for petitioning for a hearing may be extended for a
period of time not to exceed 90 days by written notice provided to the Board from the owner or
operator and the Illinois EPA within the 35-day initial appeal period . (For information regarding
the filing of an extension, please contact the Illinois EPA's Division of Legal Counsel at 217/782-
5544) .
If you have any questions or need further assistance, please contact me at the telephone number
listed above .
PAGE 03
Zif~
Douglas
. Clay, P.E.,Man
Leaking Underground Storage ank Section
Division of Remediation Management
Bureau of Land
cc :
Carol Rowe
Division File
04/06/1994
02:16
2175228009
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PAGE
04
CW®M Comnanv
L
Environmental Consulting Services
March 22, 2006
Mr. Douglas W. Clay, P.E., Manager
LUST Section, Bureau of Land
Illinois Environmental Protection Agency
1D21 North Grand Avenue East
Springfield, Illinois 62794-9276
701 W. South Grand Avenue
400 W. Jackson, Suite C
Springficld, IL 62704
Marion, IL 62959
(217) 522-8001
(618) 997-2238
701 W. South
Grand
Avenue
Springfield, IL 62704
RE :
LPC #0514155011-Fayette County
Farina/L. Keller Oil Properties, Inc . (Farina 711)
1-57 & Illinois Route 185
LUST Incident Number: 2006-0153
LUST Technical Reports-Release Confrrmation/Incident Re-Reporting (06-0346)
Dear Mr. Clay
On behalf of L . Keller Oil Properties, Inc./Farina 711 please be advised that UST
removals were completed on March 22, 2006 under the supervision of OSFM Tank
Specialist, Terry Weedman at the above referenced site. The tanks were removed from
service in response to Incident Number 2006-0153 . Contamination was evident within
the excavation and it was attributed to the initial incident
.
Mr. Weedman stated that standard OSFM procedure was to require owners/operators to
report a release regardless of status of a premisting release . The UST system removal
was conducted in response to Incident Number 2006-0153 as part of the early action
measures
.
The second incident, Incident Number 2006-0346 was reported on March 22, 2006 . As
there was no indication or evidence of a new release, on behalf of L. Keller Oil
Properties, Inc ., we respectfully request that the re-reported incident or release
confirmation incident and all associated reporting requirements be dismissed
.
Phone: (217) 522-8001
Fax: (217) 522-8009
EXHIBIT
s
04/06/1994
02:16
217522B009
CWM
PAGE
05
The 45-Day Report will be submitted to the Illinois Environmental Protection Agency
within 45 days of the reported release. Information on activities performed during the
time period beyond the initial 45 days will be submitted to the IEPA in an addendum
.
If you have any questions or require additional information, please contact Mr. Vince
Smith or me at (217) 522-8001 . Your attention to this matter is greatly appreciated
.
Caro
. Rowe, P.G .
Senior Environmental Geologist
xc :
Mr. Charles F. Keller, L. Keller Oil Properties, Inc.
Mr. William T. Sinnott,
CW°M Company, Inc
.
t:/KdlerO"153/[EPACor
1WConf2ndlnc.doc
217/782-6762
April 7, 2006
L. Keller Oil Properties
Charles Keller
P.O. Box 70
Effingham, IL 62401
Re :
LPC #0514155011 -- Fayette County
L. Keller Oil Properties
1003 West Washington Avenue
Leaking UST Incident No. 20060153
Leaking UST Technical File
Dear Owner/Operator
:
The Illinois Environmental Protection Agency (Illinois EPA) has received the 45-Day Report,
which included a Stage 1 Site Investigation Plan and Budget certification, for the above-
referenced release. The report was dated March 23, 2006 and was received by the Illinois EPA
on March 24, 2006. 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) .
At a later time, the Illinois EPA will conduct a full technical review of the 45-Day Report and
any other report submitted pursuant to Section 57 .6 of the Act and 35 Ill . Adm. Code
734. Subpart B, in conjunction with any other plan or report selected for review (35 Ill . Adm .
Code 734.505) .
Pursuant to your certification, the Stage 1 Site Investigation Plan is approved and must be
conducted in accordance with 35111. Adm. Code 734.315. The budget, if applicable, is approved,
and costs must not exceed the amounts set forth in 35 111. Adm. Code 734.Subpart H, Appendix
D, and Appendix E. Please be advised that, if you do not meet the eligibility requirements as
determined by the Office of the State Fire Marshal, you may not be entitled to payment from the
Underground Storage Tank Fund for costs incurred . You must proceed with the Stage I site
investigation in accordance with 35 Ill. Adm. Code 734.315
.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1 4021
NORTH GRAND AVENUE EAST,
P.O . Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276 - ( 217) 782-3397
JAMES
R
.
THOMPSON CENTER,
100
WEST RANDOLPH, SUITE
11-300,
CHICAGO,
IL 60601 - (312) 814-6026
ROD R .
BLAGOJEVICH, GOVERNOR
DOUGLAS
P. SCOTT,
DIRECTOR
ROCKFORD - 4302 North Main Street, Rockford, IL 61103 - (815) 987-7760 -
DES PLANES-9511 W. Harrison St., Des Plaines, IL 60
ELGIN- 595 South State, Elgin, IL 60123 - (847) 608-3131
•
PEORIA- 5415 N. University St., Peoria, IL 61614 - (309)
BUREAU
Of
LAND
- PEOR1
- 7620 N. University Se, Peoria, IL 61614- (309) 693-5462
CHAMPAIGN- 2125 South First Street, Champaign
SPRINGFIELD -4500 S. Sixth Street Rd., Springfield, IL 62706-(217) 786-6892
••
COLLINSVILLE-2009 Mall Street, Col linsviIle, IL 62
MARION -2309 W-Main St., Suite 116, Marion, IL 62959-(618) 993-7200
PRINTED ON RECYCLED PAPER
EXHIBIT
Page 2
The Illinois EPA has determined that, pursuant to Sections 57 .7(a) and 57.12(c) and (d) of the
Act and 35 Ill. Adm. Code 734.305, a site investigation plan and budget for the subsequent stage
of investigation (including the results of the Stage 1 site investigation and a summary of actual
costs) or a site investigation completion report (if the extent of contamination is defined) must be
submitted within 90 days of the date of this letter . Please note that the Illinois EPA does not
require the submission of a budget if the owner or operator does not intend to seek payment from
the Underground Storage Tank Fund (Fund) .
In addition, an owner or operator may choose to remediate soil and groundwater in accordance
with the remediation objectives at 35 Ill. Adm. Code 742 without conducting a site investigation
.
If the owner or operator chooses not to investigate the site in accordance with the procedures
established in Section 57 .7(a) of the Act, the owner or operator may not be entitled to full
payment. if a request for payment from the Fund is submitted .
Submit all future correspondence 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
.
If you have any questions or need further assistance, please contact the project manager on-call in
the Leaking Underground Storage Tank Section at the above number .
Sincerely,
D
Clay,P.E.,Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
DWC:DKS :dks\
c :
CW„33vI, Co
:
BOL File
