BEFORE
THE ILLINOIS POLLUTION
J .D . Streett & Company, Inc . )
Petitioner,
v .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
)
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1
Springfield,
North Old Capitol
IL 62701Plaza,
Suite 325
Phone
: (217) 528-2517
CONTROL BOARD
(UST Appeal)
PCB
NOTICE OF FILING AND PROOF OF SERVICE
TO : Division of Legal Counsel
Illinois Environmental
Protection Agency
1021 North Grand Avenue East
P .O . Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that on July 26, 2006, we sent to the
Clerk of the Illinois Pollution Control Board the originals and
nine (9) copies each, via U .S . Mail, of Petition for Review of
Underground Storage Tank Fund Reimbursement Determination, for
filing in the above-entitled cause, copies of which are attached
hereto .
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 Respondent by
enclosing same in envelopes addressed to said Respondent by U
.S
.
Mail by depositing said envelopes in a United States Post Office
Mail Box at Springfield, Illinois, with postage fully prepaid, on
the 26th of July, 2006 .
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERKS OFFICE
JUL 3 1 2006
STATE OF ILLINOIS
Pollution Control Board
Patrictti4
4~
.
~(~
Shaw
J .D . Streett & Company, Inc . )
Petitioner,
V .
ILLINOIS
PROTECTION
ENVIRONMENTALAGENCY,
Respondent .
PETITION FOR REVIEW OF
UNDERGROUND STORAGE TANK FUND REIMBURSEMENT DETERMINATION
NOW COMES Petitioner, J .D . Streett & Company, Inc
., by its
undersigned attorneys, and pursuant to 415 ILCS 5/40 and 57
.7,
hereby petitions the Pollution Control Board for review of the
final determination of Respondent, Illinois Environmental
Protection Agency ("Agency"), with respect to the Agency's June
21, 2006, rejection of the Petitioner's Corrective Action Plan &
Budget under the Illinois Underground Storage Tank Fund ("UST
Fund") . In support, Petitioner states :
1 . Petitioner is the owner of a gasoline service station
located at 510 East Linn Street, Canton, Fulton County, Illinois
.
This facility has been designated LPC #0570255125 by the Agency .
2 . Petitioner notified the Illinois Emergency Management
Agency ("IEMA") of a release of petroleum from an underground
storage tank ("UST") at the facility, to which IEMA assigned
Incident No . 930883 .
3 . On or about March 20, 2006, Petitioner filed a
corrective action plan and budget .
4
. On or about June 21, 2006, the Agency rendered its final
determination on Petitioner's plan
. A true and correct copy of
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDR
E CV
1=1 E
D
CLERK'S OFFICE
JUL 3 1 2006
2
STATE OF ILLINOIS
PCB
~1
Pollution Control Board
(UST Appeal)
the subject Agency decision is attached hereto and made part
hereof as Exhibit A .
6 . Petitioner prays that the Board reverse the Agency's
final determination and authorize the proposed injection of solid
metal peroxides containing calcium peroxide into the surface and
associated costs
.
8 . Petitioner reserves the right to present additional
grounds for reversal of the Agency's final determination, as they
may appear during the course of this appeal
.
WHEREFORE, Petitioner respectfully requests that this Board
grant a hearing in this matter and reverse the Agency's June 21,
2006 decision and remand this matter to the Agency with
instructions to approve the request as submitted, and grant such
other relief as the Board deems appropriate, including legal
costs for seeking payment under Title XVI of the Illinois
Environmental Protection Act, pursuant to 415 ILCS 5/57 .8(1) .
Respectfully submitted,
J .D . Streett & Company, Inc .,
Petitioner,
Patrick D . Shaw
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1 North Old Capitol Plaza
Suite 325
Springfield, IL 62701
Phone : (217) 528-2517
3
RE: LPC 0570255125 -
Fulton County
!(AI
2 2
Canton -
Canton Citgo; JD Streett & Company
510 East Linn Street
LUST Incident 930883
LUST TECHNICAL FILE
Gentlemen :
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
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 .
BLAGOJEVICH, GOVERNOR
DOUGLAS P
. SCOTT, DIRECTOR
217-782-6762
CERTIFIED MAIL
JUN 2 1
2006
JD Streett & Company
144 Weldon Parkway
Maryland Heights, Missouri 63043-3102
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Corrective Action
Plan & Budget (plan) submitted for the above referenced incident . This plan, dated March 20,
2006, was received by the Illinois EPA on March 24, 2006, and was prepared by CSD
Environmental Services . The report proposes the information which is summarized in
Attachment 1
. 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 .
The plan and the associated budget are rejected for the reasons which are explained in
Attachments 2 & 3 respectively (Sections 57.7(b)
and 57.7(c) of the Act and 35 Illinois
Administrative Code 734
.505(b), 734.510(a) and 734 .510(b)).
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board
. Appeal rights are explained in Attachment 4.
ROCRFORO-4302
ELGIN-595
North Main
South
Street,
State,
Rockford,
Elgin, IL
IL
60123-18471
61103-(815)
608-3131987-7760
• DES PLAINES-9511 W. Harrison St
., Des Plaines, IL 60016-(847) 294-4000
BUREAU OF LAND- PEORIA-7620 N . University St.,
Peoria, IL 61614-13091 693-5462
• PEORIA
- 5415 N
. University St ., Peoria, IL 61614-(309) 6935463
SPRINGFIELD-4500 S . Sixth Street Rd
., Springfield, IL 62706-(217) 786
.6892
CH,vnPAICN-2125 South First Street, Champaign, IL 61820-(217) 278
.5800
COLLINSVILLE-2009 Mall Street, Collinsville, IL 62234-(618) 346-5120
MARION -
2309 W . Main St.,
Suite 116, Marion, IL 62959 -(618) 993-7200
PRINTED ON RECYCLED PAPER
7004 2510 0001 8655 4497
006
Any questions regarding this letter should be directed to Michael Piggush via phone
(217-782-3101), fax (217-524-4193), or e-mail (epa4200@epa.state.il
.us).
Sincerely,
Michael T . Lowder
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
Attachments (4) :
1 .
Summary of Report Proposal.
2.
Corrective Action Plan Disapproval Reasons .
3 .
Corrective Action Budget Disapproval Reasons
.
4.
Appeal Rights .
cc:
CSD Environmental Services
Division File
ATTACHMENT I
SUMMARY OF REPORT PROPOSAL
RE:
LPC 0570255125 -
Fulton County
Canton - Canton Citgo
; JD Streett & Company
510 East Linn Street
LUST Incident 930883
LUST TECHNICAL FILE
The report proposes the following information
:
1 .
The report proposes that releases have occurred from the following underground storage
tank systems :
a.
1-12,000 gallon gasoline underground storage tank system
. (The report proposes
that the release was from the piping only
.)
2.
The report proposes that the indicator contaminants would be the following: BETX
.
3 .
The report assumes a Class 1 groundwater designation, in accordance with 35 Illinois
Administrative Code 620 .210.
4.
The report proposes that a remediation system was in operation, consisting of soil vapor
extraction, air sparging & groundwater extraction .
5.
The report proposes that additional site assessment activities were performed in October
& November 2003.
6.
The report requests approval of a Corrective Action Plan, in accordance with 35 Illinois
Administrative Code 734
.335(a), as follows :
a.
The report proposes that up to 35,568 pounds of a slurry of solid metal peroxides
containing calcium peroxide (manufactured by Solvay America) would be
injected into the subsurface .
7 .
The report requests approval of a Corrective Action Budget, in accordance with 35
Illinois Administrative Code 734.335(b),
for an amount of $302,387.61 .
ATTACHMENT 2
CORRECTIVE ACTION PLAN DISAPPROVAL REASONS
RE:
LPC 0570255125 -
Fulton County
Canton - Canton Citgo; JD Streett & Company
510 East Linn Street
LUST Incident 930883
LUST TECHNICAL FILE
The Illinois EPA does not approve of the Corrective Action Plan, for the following reasons
:
1 .
The report does not contain the technical specifications of the slurry of solid metal
peroxides containing calcium peroxide (manufactured by Solvay America) .
2 .
Injection of the slurry of solid metal peroxides containing calcium peroxide
(manufactured by Solvay America) may result in exceedences of the groundwater
remediation objectives for the chemicals contained within the material
. The report does
not address this issue .
3 .
The plan diagrams do not illustrate the area of influence of the horizontal injection points
.
4.
The Illinois EPA does not agree with the method which was used to calculate the total
distance of horizontal injection (2,124 feet) (Table (10) of the report)
. This information
should be based upon the actual distance of horizontal injection, rather than an equivalent
number of vertical injection points .
ATTACHMENT 3
CORRECTIVE ACTION BUDGET DISAPPROVAL REASONS
RE:
LPC 0570255125 -
Fulton County
Canton -
Canton Citgo
; JD Streett & Company
510 East Linn Street
LUST Incident 930883
LUST TECHNICAL FILE
The Illinois EPA does not approve of the Corrective Action Budget, for the following reasons
:
1 .
The Illinois EPA cannot approve of a budget without a corresponding Illinois EPA
approved technical plan, The Illinois EPA has not approved of the Corrective Action
Plan, for the reasons which were previously explained in Attachment 2
.
2.
The
surcharges
costs associated
($100
.00)
with
(Sectionmobilization
(E)(1) of
($250the
proposed
.00), concrete
budget)
coring
are not
($138approved
.00) &
as
fuelpart
of
this budget
. These charges are included in the drilling rate, for which a maximum rate of
$18 .00 per foot applies
. The costs exceed the maximum payment amounts set forth in
Subpart H, Appendix D, and / or Appendix E of 35 Illinois Administrative Code 734
.
Such costs are ineligible for payment from the Fund pursuant to 35 Illinois
Administrative Code 734
.630(=)
. In addition, such costs are not approved pursuant to
Section 57
.7(c)(3) of the Act because they are not reasonable .
3.
The costs associated with soil BETX sample disposal fees ($18
.00) & laboratory energy
surcharges ($6.00)
(Section (F)(2)
of the proposed budget) are not approved as part of this
budget
. These charges are included in the BETX soil sample analysis rate, for which a
maximum rate of $85
.00 per sample applies . The costs exceed the maximum payment
amounts set forth in Subpart H, Appendix D, and / or Appendix E of 35 Illinois
Administrative Code 734
. Such costs are ineligible for payment from the Fund pursuant
to 35 Illinois Administrative Code 734
.630(zz). In addition, such costs are not approved
pursuant to Section 57
.7(c)(3) of the Act because they are not reasonable .
4.
The costs associated with groundwater BETX sample disposal fees ($24 .00) & laboratory
energy surcharges ($24
.00) (Section (F)(3) of the proposed budget) are not approved as
part of this budget
. These charges are included in the BETX groundwater sample analysis
rate, for which a maximum rate of $81
.00 per sample applies . The costs exceed the
maximum payment amounts set forth in Subpart H, Appendix D, and / or Appendix E of
35 Illinois Administrative Code 734
. Such costs are ineligible for payment from the Fund
pursuant to 35 Illinois Administrative Code 734
.630(zz)
. In addition, such costs are not
approved pursuant to Section 57
.7(c)(3) of the Act because they
are not reasonable,
5 .
In accordance with 35 Illinois Administrative Code 734 .630(v), indirect costs may not be
charged as direct costs
. The proposed costs for mobilization ($1,000 .00), lodging
($2,560.00)
& per diem ($992 .00) for the remediation subcontractors (Section (1) of the
proposed budget) are indirect costs charged as direct costs
.
6.
In accordance with 35 Illinois Administrative Code 734 .630(dd), all costs must be
reasonable
.
a.
The Illinois EPA is concerned with the proposal for 18 soil borings for closure
soil samples. If the soil contamination is below the water table, then only
groundwater monitoring may be necessary for purposes of closure . For purposes
of reimbursement, the Illinois EPA does not feel that the proposal is reasonable
.
35 Illinois Administrative Code 734 .630(dd).
b.
It appears that the oxygen requirements for Zone 2 were calculated using a factor
of safety of 10 .1 . For purposes of reimbursement, the Illinois EPA does not feel
that the proposal is reasonable. 35 Illinois Administrative Code 734 .630(dd)
.
c.
The proposed cost for pH analyses ($15 .00 per sample) (Section
(F)(3) of the
budget) is not reasonable . In accordance with 35 Illinois Administrative Code 734
Appendix D, the Illinois EPA does not reimburse for these costs in excess of
$14.00
per sample.
7.
Not all of the costs in Section (F)(3)
of the proposed budget are mathematically correct.
8.
With regard to Section (J)(A) of the proposed budget, it is not clear how the proposed
subcontract amounts for the Environmental Drilling Contractor ($222,588
.36) were
derived from the other sections of the'budget .
9.
Budget Certification Forms must be signed & notarized on the same date
.
The report does not demonstrate compliance with these requirements, for the following
reasons:
a.
The Budget Certification Form was signed by the owner / operator of the
underground storage tank systems on March 20, 2006, but was notarized on
March 14, 2006.
10.
The Illinois EPA is concerned that some costs havg increased significantly in the current budget (as compared with the
previous budget). Please refer to the following table :
The report does not contain adequate supporting documentation with regard to why these costs have increased significantly
.
35 Illinois Administrative Code 734 .630(cc).
Item
Previous Budget
(Dated October
7, 2005)
Current Budget
(Dated March
20, 2006)
Section of the
Budget
% Increase
BETX soil
samples
$70.00
per
sample
$85.00 per
sample
Section (F)(2) of
the Budget
21 .4 % Increase
BETX
groundwater
samples
$60.00 per
sample
$81 .00 per
sample
Section (F)(3)
of
the Budget
35.0 % Increase
PID meter
$78.00 per day $98.00 per day Section (H) of
the Budget
25.6 % Increase
ATTACHMENT 4
APPEAL RIGHTS
An underground storage tank system owner or operator may appeal this final decision to the
Illinois Pollution Control Board pursuant to Sections 40 and 57 .7(c)(4) 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, Illinois 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, Illinois 62794-9276
217-782-5544
