BEFORE THE ILLINOIS POLLUTION CONTROL BOAISERK'S

R

ECEIVEDOFFICE

NOV 0

8

2006

SANGAMON VALLEY FARM SUPPLY, )

Pollution

STATE OF

Control

ILLINOIS

Board

Petitioner

)

V .

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY and,

VILLAGE OF SAYBROOK,

Respondents .

RESPONDENT ILLINOIS EPA'S POST-HEARING BRIEF

NOW COMES the Respondent, ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY ("Illinois EPA"), by Joey Logan-Wilkey, one of its attorneys, and respectfully

submits its POST-HEARING BRIEF (`Brief') in the above-captioned matter . This Brief is

being filed pursuant to the schedule agreed to by the parties and the Hearing Officer for the

Illinois Pollution Control Board ("Board"), and memorialized in the Hearing Officer's Order of

September 21, 2006 . For it's Brief, the Illinois EPA states as follows:

I

. On September 19, 2005, the Petitioner, Sangamon Valley Farm Supply ("SVFS"), filed

its Petition for Water Well Setback Exception ("Petition") with the Board for its former

gasoline service station facility ("Facility") in Saybrook, McLean County, Illinois . The

water well setback exception is sought by SVFS to enable it to utilize direct push

technology to remediate a release of petroleum hydrocarbons to the ground at the

Facility.

PCB No. 2006-043

(Petition for Water Well

Setback Exception)

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2.

On October 11, 2005, the Illinois EPA filed its Response to Petitioner's Petition for

Community Well Setback Exception ("Response"), pursuant to 35 Ill . Adm. Code

106.306(a) . In its Response, the Illinois EPA recommended that the Board grant the

exception, subject to the following conditions

:

a). SVFS revise the Petition to include all of Saybrook's community wells, with all of the

wells having a 400-foot minimum setback zone ;

b). SVFS provide more recent monitoring results, demonstrating the effectiveness of

previous ORC injections ;

c)

. Provide a monitoring program and schedule for monitoring contaminants of concern

and other general water quality parameters ;

d). Include quarterly raw water monitoring from Saybrook's well #3, as part of the

monitoring program ;

e). Provide a revised economic analysis demonstrating that ORC injection is the most

economical means of achieving the required remediation ; and

f)

. Provide a plan for regular meetings with Saybrook public water supply personnel to

discuss any water quality complaints or treatment issues .

3 . On November 7, 2005, the Hearing Officer issued an order in this matter, requesting

additional information requested by the Illinois EPA in its Recommendation, as well as

written answers to questions posed by the Board

. In response to the Illinois EPA's

request in its Recommendation, and the questions posed by the Board in the November

7, 2005, Hearing Officer Order, on March 31, 2006, SVFS filed an Amended Petition for

Community Well Setback Exception .

-2-

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4 . On April 24, 2006,

the Illinois EPA filed a Response to the Amended Petition,

recommending that the Board grant the Petition filed by SVFS . On August, 9, 2006, the

Board held a public hearing in this matter

. At that time, SVFS presented the testimony

of one witness, and introduced into the hearing record the information concerning the

effectiveness of the direct push remediation technique, as well as the information

concerning the environmental impact/hazard to the potable water supply wells from the

remediation technique . That information was ultimately admitted into the record as

evidence . During the hearing, one Illinois EPA witness also responded to questions

posed by the Hearing Officer .

WHEREFORE, the Respondent Illinois EPA respectfully recommends that the Board

grant the water well setback exception request of the Petitioner SVFS, on the condition that

it continue the proposed remediation activities until such time as

a minimum of two (2)

consecutive quarters of sampling indicate no exceedance of a Class I : Potable Resource

Groundwater Standard (35 Ill . Adm. Code 620 .410),

or an applicable remedial objective

pursuant to 35 111 . Adm. Code 742,

after which bioremediation efforts may be considered

complete. The Illinois EPA notes that the information regarding the proposed

bioremediation plan the Illinois EPA requested of SVFS was ultimately entered into the

record at the hearing as evidence .

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Dated

: October 26, 2006

ILLINOIS EPA

1021 North Grand Ave . East

P.O

. Box 19276

Springfield, IL 62794-9276

217/782-5544

By

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

y Lo an- ilkey

Assistant Counsel

Division of Legal Counsel

THIS FILING IS SUBMITTED ON RECYCLED PAPER

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1, Joey Logan-Wilkey, certify that I have served the original and nine copi

I

OF ILLINOIS

attached Respondent Illinois EPA's Post-Hearing Brief, by first class mal , upon

:Control Board

Ms . Dorothy Gunn, Clerk

Illinois Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, IL 60601

And one copy each, to

Charles J

. Northrup

Mr . Ronald E . Stauffer, Mayor

Sorling, Northrup, Hanna,

Village of Saybrook

Cullen & Cochran, Ltd .

234 West Lincoln Street

Suite 800 Illinois Building

Post Office Box 357

P.O . Box 5131

Saybrook, Illinois 61770-0357

Springfield, IL 62705

(217)544-1144

via first class United States mail from Springfield, Illinois, on the 26 `h day of October

2006, with postage fully prepaid .

CERTIFICATE OF SERVICE

RECEIVEDCLERK'S

OFFICE

NOV 0 8 2006

Joe

SI'Loga

-Wil y

Assistant Counsel

Division of Legal Counsel

THIS FILING IS SUBMITTED ON RECYCLED PAPER