Lisa Madigan
A TORNEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
June 12, 2007
Re :
People v. Strata Geologic Services, Inc .
PCB No . 06-119
Dear Clerk Gunn :
Enclosed for filing please find the original and ten copies of Complainant's MOTION FOR
SUMMARY JUDGMENT in regard to the above-captioned matter . Please file the original and
return a file-stamped copy to me in the enclosed, self-addressed envelope .
Thank you for'your cooperation and consideration .
iff
rul yours,
ymond J . Callery
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
CLLtRK
RECEI VED
JUN i 5 2007
STATE OF ILLINOIS
Pollution Control Boor
RJC/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090 • TTY: (217) 785-2771 •
Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601 • (312) 814-3000 • TTY: (312) 814-3374 •
Fax : (312) 814-3806
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : June 12, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
VS .
)
PCB No. 06-119
STRATA GEOLOGIC SERVICES, INC .,
)
(Enforcement)
lV F
an Illinois corporation,
)
t~~~
CLARK'S OFFICE
)
JUN a
fi t'
Respondent.
)
STATE
OF ILLINOt ;
NOTICE OF FILING
pollution control goare
To:
Charles E . Miller III
Roseanne M . Miller
President
Registered Agent
Strata Geologic Services, Inc .
Strata Geologic Services, Inc .
8281 N. Unity Road
8281 N . Unity Road
Lena, IL 61048
Lena, IL 61048
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois Complainant's MOTION FOR SUMMARY JUDGMENT, a copy
of which is attached hereto and herewith served upon you .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
1
MATTHEW DUNN Chief
Environmen :
En orce
Litigation '¶ i ion
BY:
.. A
20
nt/Asbestos
ssistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on June 12, 2007, send by First Class Mail, with postage thereon
fully prepaid, by depositing in a United States Post Office Box a true and correct copy of the
following instruments entitled NOTICE OF FILING and MOTION FOR SUMMARY JUDGMENT
To :
Charles E. Miller III
Roseanne M
. Miller
President
Registered Agent
Strata Geologic Services, Inc .
Strata Geologic Services, Inc .
8281 N . Unity Road
8281 N . Unity Road
Lena, IL 61048
Lena, IL 61048
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s)
:
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
A copy was also sent by First Class Mail with postage thereon fully prepaid to
:
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
This filing is submitted on recycled paper .
RAYMOND J . CALLERY
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
vs.
)
STRATA GEOLOGIC SERVICES, INC ., )
an Illinois corporation,
)
Respondent .
)
1
No. PCB 06-119
RE
(Enforcement-UST)
KEQVS'
JUN 15 2007
pollution
STATE OF
Control
ILLINOISBoard
MOTION FOR SUMMARY JUDGMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney General of the State of Illinois, pursuant to Section 2-1005 of the Code of Civil
Procedure, 735 ILCS 5/2-1005 (2004), and Section 101 .516 of the Board's Procedural Rules,
35 III . Adm . Code 101 .516, hereby moves for Summary Judgment against the Respondent,
STRATA GEOLOGIC SERVICES, INC . ("Strata") . No Answer or responsive pleadings to the
Complaint or Amended Complaint have been filed and, therefore, no affirmative defenses have
been pleaded . Complainant relies upon uncontroverted facts in the attached exhibits and in the
Request for Admission of Facts Directed toward Strata mailed to Respondent on April 2, 2007 .
In support of this Motion, Complainant states as follows :
STATEMENT OF UNCONTESTED FACTS
1 .
Strata is an Illinois corporation in good standing .
2 .
Charles E . Miller III is president of the corporation and Roseanne M . Miller is the
corporation's registered agent . The address for both the president and registered agent is
8281 N . Unity Road, Lena, Illinois 61048 .
3.
On August 28, 2000, Strata reported to the Illinois Emergency Management
Agency ("IEMA") the release of gasoline from an underground storage tank owned by it and
located at 3801 14 th Avenue, Rock Island, Rock Island County, Illinois . During a tank removal,
it was determined that there had been a release of gasoline from one or more of four
underground tanks
. See Exhibit A (Affidavit of Wayne Zuehlke) and Exhibit B (Request for
Admission of Fact Directed toward Strata) .
4.
Strata did not submit the required 20-Day Certification concerning the August 28,
2000 release within 20 days after confirmation of the release. Illinois EPA did not receive from
Strata the 20-Day Certification until October 10, 2000 . See Exhibit A (Affidavit of Wayne
Zuehlke) and Exhibit B (Request for Admission of Fact Directed toward Strata)
.
5.
Strata did not submit the required 45-Day Report concerning the August 28,
2000 release within the 45 days after confirmation of the release
. Illinois EPA did not receive
from Strata the 45-Day Report until November 30, 2000 . See Exhibit A (Affidavit of Wayne
Zuehlke) and Exhibit B (Request for Admission of Fact Directed toward Strata)
.
6.
By letter dated May 30, 2001, Illinois EPA approved the Site Classification Work
Plan and notified Strata that the Site Classification Completion Report was due by no later than
August 28, 2001
. See Exhibit A (Affidavit of Wayne Zuehlke) and Exhibit B (Request for
Admission of Fact Directed toward Strata) .
7 .
By letter. dated February 26, 2002, Illinois EPA notified Strata that the Site
Classification Completion Report had not been received and that this report was now due by no
later than March 15, 2002
. See Exhibit A (Affidavit of Wayne Zuehlke) and Exhibit B (Request
for Admission of Fact Directed toward Strata) .
2
8.
On April 18, 2002, the Illinois EPA sent a Violation Notice ("VN") to Strata
concerning the August 28, 2000 release
. The VN requested a response by no later than June
2, 2002 . Strata never responded to the VN
. See Exhibit A (Affidavit of Wayne Zuehlke) and
Exhibit B (Request for Admission of Fact Directed toward Strata) .
9.
Strata did not submit the required Site Classification Report concerning the
August 28, 2000 release within either the August 28, 2001 or the March 15, 2002 deadlines
.
Illinois EPA did not receive from Strata a Site Classification Completion Report until August 30,
2002
. This initial Site Classification Completion Report was rejected
. On October 24, 2002,
Illinois EPA received from Strata an Amended Site Classification Completion Report which was
approved
. See Exhibit A (Affidavit of Wayne Zuehlke) and Exhibit B (Request for Admission of
Fact Directed toward Strata) .
10 .
On October 30, 2002, the Illinois EPA sent Strata a Notice of Intent to Pursue
Legal Action ("NIPLA") concerning the August 28, 2000 release pursuant to Section 31(b) of the
Act
. Strata never responded to the NIPLA
. See Exhibit A (Affidavit of Wayne Zuehlke) and
Exhibit B (Request for Admission of Fact Directed toward Strata)
.
11 .
To date, Strata has not submitted to Illinois EPA the required Corrective Action
Completion Report concerning the August 28, 2000 release
. See Exhibit A (Affidavit of Wayne
Zuehlke) and Exhibit B (Request for Admission of Fact Directed toward Strata)
.
12 .
Concerning the August 28, 2000 release, Strata exceeded the applicable
deadlines for submitting the 20 Day Certification and the 45 Day Report and exceeded two
deadlines for submitting the Site Classification Complete Report
. See Exhibit A (Affidavit of
Wayne Zuehlke) and Exhibit B (Request for Admission of Fact Directed toward Strata)
.
3
13.
On June 12, 2003, Strata reported to the IEMA the release of gasoline from an
underground storage tank owned by it and located at 210 East 1s' Street, Milan, Rock Island
County, Illinois
. The extent of release was unknown, but the tank system at the site included
one 4000 gallon gasoline tank and one 6000 gallon gasoline tank, as well as a 4000 gallon
diesel tank and an 8000 gallon kerosene tank
. See Exhibit B (Request for Admission of Fact
Directed toward Strata) and Exhibit C (Affidavit of James Malcom)
.
14 .
Strata never submitted to Illinois EPA the required 20-Day Certification
concerning the June 12, 2003 release
. See Exhibit B (Request for Admission of Fact Directed
toward Strata) and Exhibit C (Affidavit of James Malcom) .
15 .
Strata never submitted to Illinois EPA the required 45-Day Report concerning the
June 12, 2003 release
. See Exhibit B (Request for Admission of Fact Directed toward Strata)
and Exhibit C (Affidavit of James Malcom) .
16 .
On October 8, 2003, Illinois EPA sent a Violation Notice ("VN")
to Strata
concerning the June 12, 2003 release . Strata never responded to the VN
. See Exhibit B
(Request for Admission of Fact Directed toward Strata) and Exhibit C (Affidavit of James
Malcom) .
17.
On June 14, 2003, Illinois EPA sent Strata a Notice of Intent to Pursue Legal
Action ("NIPLA") concerning the June 12, 2003, pursuant to Section 31(b) of the Act
. Strata
never responded to the NIPLA
. See Exhibit B (Request for Admission of Fact Directed toward
Strata) and Exhibit C (Affidavit of James Malcom) .
18.
On December 29, 2005, Complainant filed its complaint
.
19.
On April 2, 2007, Complainant mailed to Respondent a Request for Admission of
Fact .
4
20
.
Respondent has failed to respond to the Complaint or Amended Complaint . and
has failed to provide a valid, sworn response to the Request for Admission of Fact .
ARGUMENT
A. August 2000 Release-Count I of the Amended Complaint .
The Respondent violated Section 57 .6(a) of the Act, 415 ILCS 5/57 .6(a) (2004) and
Sections 732 .100(c), 732 .200, 732 .202(c), and 732 .202(e) of the Board's Underground
Storage Tank Regulations, 35 III . Adm . Code 732 .100(c), 732 .200, 732 .202(c), and 732
.202(e),
for failing to comply with the applicable statutory and regulatory reporting and response
requirements concerning the August 2000 release from Respondent's underground storage
tank located at 3801 14th Avenue, Rock Island, Illinois. There are no genuine issues of material
fact as to the following violations :
1)
Sections 57 .6(a) of the Act : Strata exceeded the deadline for the 20-Day
Certification, exceeded the deadline for the 45-Day Report, exceeded two
deadlines for the Site Classification Completion Report, and failed to
proceed in a timely manner to complete remediation .
2)
35 III . Adm . Code 732 .100(c): Strata exceeded the deadline for the 20-
Day Certification, exceeded the deadline for the 45-Day Report,
exceeded two deadlines for the Site Classification Completion Report,
and failed to proceed in a timely manner to complete remediation .
3)
35 III . Adm . Code 732 .200: Strata exceeded the deadline for the 20-Day
Certification, exceeded the deadline for the 45-Day Report, exceeded two
deadlines for the Site Classification Completion Report, and failed to
proceed in a timely manner to complete remediation .
4)
35 III. Adm . Code 732 .202(c): Illinois EPA did not receive a 20-Day
Certification from Strata concerning the August 28, 2000 release until
October 10, 2000 . The 20-Day Certification was due by no later than
September 17, 2000 .
5)
35 III. Adm . Code 732 .202(e) : Illinois EPA did not receive a 45-Day
Report from Strata concerning the August 28, 2000 release until
November 30, 2000
. The 45-Day Report was due by no later than
October 15, 2000 .
B . June 2003 Release-Count II of the Amended Complaint .
The Respondent violated Section 57
.6(a) of the Act, 415 ILCS 5/57 .6(a) (2004) and
Sections 732
.100(c), 732 .200, 732 .202(c) and 732 .202(e) of the Board's Underground Storage
Tank Regulations, 35 Ill . Adm . Code 732
.100(c), 732.200, 732 .202(c) and 732 .202(e), for failing
to comply with the applicable statutory and regulatory reporting and response requirements
concerning the June 2003 release from Respondent's underground storage tank located at 210
East 1st Street, Milan, Illinois
. There are no genuine issues of material fact as to the following
violations :
1)
Sections 57
.6(a) of the Act: Strata never submitted the 20-Day
Certification or the 45-Day Report, and failed to proceed in a timely
manner to complete remediation .
2)
35 III . Adm . Code 732
.100(c) : Strata never submitted the 20-Day
Certification or the 45-Day Report, and failed to proceed in a timely
manner to, complete remediation .
3)
35 III
. Adm . Code 732 .200 :
Strata never submitted the 20-Day
Certification or the 45-Day Report, and failed to proceed in a timely
manner to complete remediation
.
4)
35 III . Adm . Code 732 .202(c) :
Strata never submitted to Illinois EPA the
20-Day Certification concerning the June 12, 2003 release
. The 20-Day
Certification was due by no later than July 2, 2003
.
5)
35 Ill
. Adm . Code 732 .202(e) :
Strata has never submitted to . Illinois EPA
the 45-Day Report concerning the June 12, 2003 release
. The 45-Day
Report was due by no later than July 27, 2003
.
6
C. All Facts Stated Within the Request for Admission of Fact Are Admitted .
Supreme Court Rule 216 and Section 101
.618 of the Board's Procedural Rules, 35 III .
Adm . Code 101
.618, state that each of the matters of fact of which admission is requested is
admitted unless the party directed the admission files a sworn response within 28 days . A
denial must fairly address the substance of the requested admission . Charles E . Miller, the
Respondent's president, provided to Complainant ambiguous and unsworn handwritten
responses dated April 19, 2007 . See Exhibit B (Request for Admission of Fact Directed toward
Strata) .
The Board's procedural rules incorporate the requirement under Section 1 of the Illinois
Attorney Act (705 ILCS 205/1 (2004) and Section 1 of the Corporation Practice Law Prohibition
Act (705 ILCS 220/1 (2004), that anyone other than an individual "must appear through an
attorney-at-law licensed and registered to practice law." 35 III . Adm . Code 101
.400(a)(2) . No
Answer or responsive pleading to the Complaint or Amended Complaint has ever been filed on
behalf of the Respondent by counsel and Mr . Miller is prohibited from representing the
Respondent before the Board . Mr
. Miller's purported responses to the Request for Admission
of Fact Directed toward Strata are invalid and can not be considered as a denial of any
requested admission .
Moreover, both Section 101 .618 of the Board's Procedural Rules and Supreme Court
Rule 216 require that any denial of a request for admission be done with specificity
. Both
Section 101 .618 of the Board's Procedural Rules and Supreme Court Rule 216 further require
that any denial of a request for admission be sworn
. Ambiguous and unsworn responses to
requests for admission do not serve as a denial of any requested admission
. Robbins v .
Allstate Ins. Co ., 362 III . App
. 3d 540, 543-544, 841 N .E .2d 22, 25-26 (2n d Dist. 2005) .
In his purported response to requests 4 and 5 (misnumbered as 3 and 4), Mr
. Miller
does not deny that the 20-Day and 45-Day reports were late concerning the August 2000
release . For request 8 (misnumbered as 7) he admits that Respondent missed two deadlines
concerning the Site Classification Reports concerning the August 2000 release .' Mr . Miller's
responses to requests 13 and 14 (misnumbered as 10 and 11) are ambiguous . In his response
to request 14 he claims the reports were submitted but in response to request 13 states only
that the 20-Day Certification "does not show on computer." What does and does not show on
the Illinois EPA's computer system is clearly not something within Mr. Miller's personal
knowledge
. The response to request 14 further suggests that because a No Further
Remediation letter was issued three years later Mr . Miller assumes the reports were filed . That
these reports were not submitted is attested to in the sworn affidavit of James Malcom . See
Exhibit C (Affidavit of James Malcom) .
As the purported responses to the Request for Admission of Fact Directed toward
Strata are ambiguous, unsworn, and were not submitted by counsel authorized to represent the
Respondent, all facts stated within the request must be considered admitted .
VI. IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
After the Board finds a violation, the Board considers the factors set forth in Section
33(c) of the Act, 415 ILLS 5/33(c) (2004), to create an appropriate remedy . Those factors are :
1 Mr . Miller's claim that Respondent submitted a Corrective
Action Completion Report is simply false (par . 10) . A Corrective
Action Plan and Budget was submitted but no Corrective Action
Completion Report has been submitted for the August 2000 release .
8
1 .
the character and degree of injury to, or interference with the protection of the
health, general welfare and physical property of the people ;
2.
the social and economic value of the pollution source
;
3 .
the suitability or unsuitability of the pollution source to the area in which it is
located, including the question of priority of location in the area involved
;
4 .
the technical practicability and economic reasonableness of reducing or
eliminating the emissions, discharges or deposits resulting from such pollution
source ; and
5
.
any subsequent compliance .
In response to these factors, the Complainant states the following
:
1 .
Human health and the environment were threatened by Respondent's failure to
comply with the applicable statutory and regulatory reporting requirements and by its failure to
proceed in a timely manner to complete remediation concerning the August 2000 and June
2003 releases .
2 .
There was a social and economic benefit to the Respondent's business
. .
3.
Respondent's underground storage tanks were suitable for the area in which
they were operating .
4
. Complying with the applicable statutory and regulatory reporting requirements
and proceeding in a timely manner to complete remediation were technically practicable and
economically reasonable .
5.
Respondent has not subsequently complied with the Act and the Board
Regulations
. Respondent has still not completed remediation concerning the August 2000
release .
9
VII. CONSIDERATION OF SECTION 42(h) FACTORS
To impose a civil penalty, the Board must consider the factors contained within Section
42(h) of the Act, 415 ILCS 5/42(h) (2004) . Those factors are :
1
.
the duration and gravity of the violation ;
2 .
the presence or absence of due diligence on the part of the respondent in
attempting to comply with requirements of this Act and regulations thereunder or
to secure relief therefrom as provided by this Act ;
3.
any economic benefits accrued by the respondent because of delay in
compliance with requirements, in which case the economic benefits shall be
determined by the lowest cost alternative for achieving compliance
;
4.
the amount of monetary penalty which will serve to deter further violations by the
respondent and to otherwise aid in enhancing voluntary compliance with this Act
by the respondent and other persons similarly subject to the Act ;
5 .
the number, proximity in time, and gravity of previously adjudicated violations of
this Act by the respondent ;
6 .
whether the respondent voluntarily self-disclosed, in accordance with subsection
(i) of this Section, the non-compliance to the Agency ; and
7.
whether the respondent has agreed to undertake a "supplemental environmental
project," which means an environmentally beneficial project that a respondent
agrees to undertake in settlement of an enforcement action brought under this
Act, but which the respondent is not otherwise legally required to perform .
In response to these factors, the Complainant states as follows :
10
1 .
The Respondent failed to comply with the applicable statutory and regulatory
reporting requirements and failed to proceed in a timely manner to complete remediation
concerning the August 2000 and June 2003 releases . A No Further Remediation letter was
issued in October 2006 concerning the June 2003 release but remediation has not been
completed concerning the August 2000 release .
2 .
Respondent was not diligent in attempting to come back into compliance with the
Act, Board regulations and applicable federal regulations .
3.
There was a nominal economic benefit in Respondent's delay in coming into
compliance with the reporting requirements and completing remediation concerning the August
2000 and June 2003 releases .
4 .
Complainant has determined, based upon the specific facts of this matter, that a
penalty of Six Thousand Five Hundred Dollars ($6,500) will serve to deter further violations and
aid in future voluntary compliance with the Act and Board regulations.
5
.
To Complainant's knowledge, Respondent has no previously adjudicated
violations of the Act
.
6.
Respondent did self report the initial releases .
7.
The adjudication of this matter does not include a supplemental environmental
project.
WHEREFORE, Complainant, People of the State of Illinois, respectfully requests that
the Board enter a final order:
A)
Granting Complainant's motion for summary judgment
;
B)
Finding that the Respondent, STRATA GEOLOGIC SERVICES, INC
., violated
Section 57.6(a) of the Act, 415 ILCS 5/57
.6(a) (2004), and Sections 732 .100(c), 732 .200, and
11
732 .202 of the Board's Underground Storage Tank Regulations, 35 III
. Adm . Code 732 .100(c),
732 .200, 732 .202 ;
C) Order the Respondent, STRATA GEOLOGIC SERVICES, INC
., to complete
remediation concerning the August 2000 release and submit a Corrective Action Completion
Report to Illinois EPA .
D)
Order the Respondent, STRATA GEOLOGIC SERVICES, INC
., to cease and
desist from any further violations of the Act and associated regulations
;
E)
Award the Complainant a penalty of $6,500 for the violations of the Act
;
F)
Grant such other relief as the Board deems appropriate
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
Dated : June 12, 2007
12
MATTHEW J . DUNN, Chief
Environ ental Enfo
ent/
est s
Litigation Division
BY:
RAY ON
CALLERY
Environmen I Bureau
Assistant Attorney General
Wayne Zuehlke - affidavit of zuehlke MSJ DRAFT .w d
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,)
vs.
)
No . PCB 06-119
(Enforcement-UST)
STRATA GEOLOGIC SERVICES, INC,
)
an Illinois corporation,
)
Respondent .
)
AFFIDAVIT OF WAYNE ZUEHLKE
Upon penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in this instrument are true and
correct, except as to matters therein stated to be on information and belief and
as to such
matters the undersigned certifies as aforesaid that I verily believes the same to be true
:
1 .
I, WAYNE ZUEHLKE, am employed by the Illinois Environmental Protection
Agency ("Illinois EPA"), as an Environmental Protection Specialist III ("EPS III") in the Leaking
Underground Storage Tank ("LUST") Section of the Bureau of Land
. I have been employed by
the Illinois EPA for approximately six years and have been employed with the LUST Section for
approximately five and one-half years .
2.
As part of my duties as an EPS III for the LUST Section, I am responsible for
reviewing and acting upon all reports, correspondence, and notices required
by the Illinois
Environmental Protection Act and related regulations concerning LUST releases
for which I am
assigned. I am also responsible for being familiar with the pertinent statutes and
regulatory
provisions .
Exhibit A
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Wayne Zuehlke -affidavit of zuehlke MSJ DRAFT .wpd
Page 2
3.
1 have a Bachelor's of Science degree in chemistry from Grand Valley State
University in Michigan .
I am familiar with the Illinois Attorney General's case involving Strata Geologic
Services, Inc . ("Strata") and the reports, correspondence, and notices keep as Illinois EPA's
records concerning the August 28, 2000 release . In support of the People's Motion for
Summary Judgment, I provide the following factual statements, opinions, and conclusions
based upon my experience and expertise .
5 .
On August 28, 2000, Strata reported to the Illinois Emergency Management
Agency ("IEMA") the release of gasoline from an underground storage tank owned by it and
located at 3801 14t h Avenue, Rock Island, Rock Island County, Illinois . During a tank removal,
it was determined that there had- been a release of gasoline from one or more of four
underground tanks . Attached as Exhibit A is a true and correct copy of Illinois HazMat Report,
Incident # 2001644 .
6.
Illinois EPA did not receive a 20-Day Certification from Strata concerning the
August 28, 2000 release until October 10, 2000 . Pursuant to 35 III . Adm . Code 732 .202(c) (as
in effect prior to March 1, 2006) the owner or operator shall submit the 20-Day Certification
to
Illinois EPA within 20 days after confirmation of the release . The 20-Day Certification was due
by no later than September 17, 2000 .
7 .
Illinois EPA did not receive a 45-Day Report from Strata concerning the August
28, 2000 release until November 30, 2000 . Pursuant to 35 III
. Adm . Code 732 .202(e) (as in
effect prior to March 1, 2006) the owner or operator shall submit the 45-Day Report to Illinois
2
Wayne Zuehlke
- affidavit of zuehlke MSJ DRAFT .wpd
Page
EPA within 45 days after confirmation of the release
. The 45-Day Report was due by no later
than October 15, 2000 .
8 .
By letter dated May 30, 2001, Illinois EPA approved the Site Classification Work
Plan and notified Strata
that the Site Classification Completion Report was due by no later than
August 28, 2001, pursuant to 35 III . Adm . Code 732
.301 . Attached as Exhibit B is a true and
correct copy of the May 30, 2001 letter .
9.
By letter dated February 26, 2002, Illinois EPA notified Strata that the Site
Classification Completion Report had not been received and that this report was now due by no
later than March 15, 2002 . Attached as Exhibit C is a true and correct copy of the February 26,
2002
10 .
On April 18, 2002, the Illinois EPA sent a Violation Notice ("VN") to Strata
concerning the August 28, 2000 release
. The VN requested a response by no later than June
2, 2002 . Strata never responded to the VN
.
11 .
On August 30, 2002, Illinois EPA received a Site Classification Completion
Report from Strata concerning the August 28, 2000 release
. On September 27, 2002, the
Illinois EPA rejected the report
. On October 24, 2002, the Illinois EPA received
an Amended
Site Classification Completion Report
. The amended report was approved on December 10,
2002 .
12 .
Strata exceeded the deadline for the 20-Day Certification, exceeded the deadline
for the 45-Day Report, and exceeded two deadlines for the Site Classification
Completion
3
Wayne Zuehlke -
affidavit of zuehlke MSJ DRAFT
.wpd
Report .
Completion Report concerning the August 28, 2000 release
.
FURTHER AFFIANT SAYETH NOT .
Subscribed and Sworn to before me
this
I0day of 11
-)
'i Q,
, 2007 .
OTARY PUBLIC
13 .
To date, Strata has not submitted to Illinois EPA the required Corrective Action
OFFICIAL SEAL
CATHERINE R
. HUNTER
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION
EXPIRES 3-14
.2008
4
Page 4
Incident
5~
i
Incident Recorter
Entered
Illinois
by
HazMat
Jack DeHavo
Report
on 0aJ2
Incident
at 10:57
# : H 2000 1644
Illinois HazMat Report
Q Open • Close
•
Main Incident C Sub-Incident
Incident Type
:
Data Input Status:
incident Level :
21 . Namuiva / Comments :
Illinois HazMat Repon Inci4ent#
: 1644
Exhibit A
wh
/. a
RELEASABLE
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1 . Caller
:
CHARLR& MTI_LE&
14 . On S=e Contact : 01
., .
Call backphonall : 8151369
.214'1
Or! Scenc Phone! : t12
- .
Caller Pcpre5ente : STRATA 62OLOGTC
SERVICES INC .
15 . No . Injured : 14ONE
4 . Tyoc of lncidcm: LEAK OR SPILL
Where Taken :
5 . Incident Locatioa
Street : 3801 14TH AVE-
City : KOCK ISLAND IN
County : ROCK ISLAND
U
Sccmilepost
:
. :
Twp . :
Rangc:
16
. Public hoalch risks and/or precautions taken .
including
;i evacuated
: NONE
17 . As.-ia=co
noede4 from. Sine Agunc~E+s: NONE
6 Area Involved : FIXED eACII.ITY
7 . Malarial (0 Involved
: GASC}L1NE
_
Material Type : LIQUID
CAS# :
UN~NAf :
is this a 302 (a) kxtrernely Hazardous Substance?
Ix rhix a
RCRA H zarous Waste?
15 this a RCRA ra"ulated facility?
I S
. Conrairttn nt/cIem= actions and plans : NOT A T
THIS POINT
19
. Weather. NONE
Temp .
: deg . U Wind Dir. / 5peea m.p.b
.
8 . Container: UNDF.RGXOUND
TANK
Conrainer Size
: '1-1,000, 1-3,000 . 1-4,000 & 1-500
20 . Responatblc Parry : #3
ContavtPerson :
r1
GALS
-
Phode #: 42
Mailing Addrcas : 8281 N . UNIITY RD, LENA, IL
.
61048
~9 . Amount Released : UNKNOWN
Rate of
Release : N/A/min .
10. Cmu.:e of Retaa.ee : LUST
11, Estimated Spill E.Xtent : N/A
Notiflaaaoos : M-PA, OSFM, REG 2
12 .
.
OccurredDate
: Time :
Diioov¢rad - pate
: 02/:251/2000 Time , 04:33
13 . Emergency Units Canntactrd - NO
Firc : -
?011cc:
5hcrifh
: -
ESDA: -
other
: -
On Scene - N
Fire : -
Potioc : -
Shorii -
MA; -
Oth
217/782-6762
MAY 302001
Strata Geologic Services, Inc .
Attn Charles Miller
8281 N. Unity Road
Lena, 1161048
Re
: LPC# 1610656036- Rock Island
Rock Island / Strata Geologic Services, Inc .
3801 14th
Avenue
LUST Incident No . 20001644
LUST Technical File
Dear Mr. Miller.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAT, P .O .
Box
19276, SPRINGFIELD, ILLINOIS 62794-9276
THOMAS V . SKINNER, DIRECTOR .
CERTIFIED MAIL
6
o4
i57 6'04
The Illinois Environmental Protection Agency (Illinois EPA)
bas reviewed the Physical Soil
Classification and Groundwater Investigation Plan (Plan) submitted for the above-referenced LUST
incident pursuant to 35 Illinois Administrative Code (35 IAC) Section 732
.305(a) or 732 .312(c) and
Section 57 .7(a) of the Illinois Environmental Protection Act (Act) . This information was dated 13
February 2,001 and was received by the Illinois EPA on 26 February 2,001
.
The Illinois EPA is approving the Physical Soil Classification and Groundwater Investigation
Plan
. The Illinois EPA has determined that the activities proposed in this plan are appropriate to
demonstrate compliance with 35 IAC Part 732 and Title XVI of the Act (35 IAC Section
732.305(c) or 732 .312(j) and Section 57 .7(a)(1) of the Act) .
In addition, the Illinois EPA is modifying the proposed budget for the Physical Soil Classification
and Groundwater Investigation Plan (35 IAC Section 732 .305(c) or 732
.312(j) and Section
57.7(a)(1) of the Act) . Based on the modifications listed in Section -2 of Attachment A, the
amounts listed in Section 1 of Attachment A have been approved
. Please note that the costs must
be incurred in accordance with the Illinois EPA approved plan. Be aware that the amount of
reimbursement may be limited by 35 IAC Sections 732 .604, 732.606(s), and 732 .611 as well as
Sections 57 .8(e), 57.8(g), and 57 .8(d) of the Act.
.IUI_ 1
2 2(101
Exhibit B
. V .L VVL
I
PRINTED ON RECYCLED PAPER
Page 2 .
An owner or operator may elect to incorporate modifications required by the Illinois EPA and
sh,i1l do so by submitting an
amended plan and associated budget within 35 days of receipt of this
letter
. If the Illinois EPA does not receive an amended plan and associated budget, the Illinois
EPA will deem the Illinois EPA modified plan and budget the approved plan and budget
. Please
note that if the owner or operator agrees with the Illinois EPA's modifications, an amended plan
and/or budget does not need to be submitted (Section 57.7(c)(4)(D)
of the Act and 35 IAC Section
732.503(f)) .
Please note if additional costs will be incurred as
a result of the Illinois EPA's modifications, an
amended budget must be submitted with the amended plan pursuant to 35 IAC Section 732 .305(e)
or 732.312(1) and Section 57.8(a)(5) of the Act
.
Pursuant to 35 IAC Section 732 .301 the Illinois EPA is requiring a Site Classification Completion
Report be submitted within 90 days of the date of this letter to :
Illinois Environmental Protection Agency
Bureau of Land - #24
LUST Section
1021 North Grand Avenue . East
Post Office Box 19276
Springfield, Illinois 62794-9276
Please submit all correspondence in duplicate
and include the "Re:"
block 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
312/8143620.) 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 2171782-
5544.)
Page 3 .
If you have any questions or need further assistance, please contact the Illinois EPA project
manager, George Lambert, at 217/557-6937
.
Sincerely,
x
Clifford
L. Wheeler
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation
Management
Bureau of Land
CLW : GL
cc: Division File
Attachment : 1
Re
: LPC# 1610656036-Rock Island
Rock Island / Strata Geologic Services, Inc .
3801 14'h Avenue
LUST Incident No. 20001644
LUST Technical File
NOTE
: Citations in this attachment are from 35 Illinois Administrative Code (35 IAC) and the
Environmental Protection Act .
SECTION 1
As a result of the Illinois EPA's modification(s) in Section 2 of this Attachment, the following
amounts have been approved :
SECTION2
$990.00 for an adjustment in costs from the total Investigation costs . The Illinois EPA has
determined that these costs are not reasonable as submitted (Section
57.7(c)(4)(C) of the Act and
35 IAC Section 732.606(hh)) . One of the overall goals of the financial review is to assure that
costs associated with materials, activities and services are reasonable (35 IAC Section
732.505(c))
. Please note that additional information and/or supporting documentation may be
provided to demonstrate the costs submitted are reasonable .
Attachment A
Investigation Costs
$ 8,800 .00
Analysis Costs
$ 2,250.00
Personnel Costs
$13,400.00
Equipment Costs
$ 1,000.00
Field Purchases_& Other Costs
Handling Charges
$ None
$ None
Total
$25,450.00
Page 2.
$2,215 .00 for an adjustment in total personnel costs
.
The Illinois EPA has determined
that
these
costs are not reasonable as submitted (Section 57.7(c)(4)(C)
of the Act and 35 IAC Section
732.606(hh)). One of the overall goals of the financial review is to assure that costs associated
with materials, activities and services are reasonable (35 IAC Section 732
.505(c)). Please note
that additional information and/or supporting documentation may be provided to demonstrate the
costs submitted are reasonable .
$210.00 for an adjustment in costs from the Equipment costs
. The Illinois EPA has determined
that these costs are not reasonable as submitted (Section 57.7(c)(4)(C)
of the Act and 35 IAC
Section 732 .606(hh)). One of the overall goals of the financial review is to assure
that
costs
associated with materials, activities and services are reasonable (35 IAC Section 732 .505(c)).
Please note that additional information and/or supporting documentation may be provided to
demonstrate the costs submitted are reasonable .
217/782-6762
TB 2 r'
Stratra Geologic Services
Attn: Charles Miller
8281 North Unity Rd.
Lena, 1161048
Re:
LPC #1610656036 - Rock Island
Rock Island/Strata Geologic Services
3 801 North Utility Rd
LUST Incident No
. 20001644
LUST Technical File
Dear Charles Miller
The Illinois Environmental Protection Agency (Illinois EPA) is in receipt of the Site
Classification Work Plan dated February 13, 2001 and received by the Illinois EPA
February 26, 2001 regarding the above-referenced incident .
The incident was reported to the
Illinois Emergency Management Agency on August 28, 2000
. As a result, corrective action for
this incident shall be performed in accordance with Title XVI
:
Petroleum Underground Storage
Tanks of the Environmental Protection Act (Act) and 35 Illinois Administrative Code (35 IAC)
Part 732.
The Site Classification Work Plan was approved in the IEPA Letter dated May 30, 2001
. To date,
no Site Classification Completion Report has been submitted to the Agency
. The Agency is
requesting a Site Classification completion Report for the above referenced incident
.
Pursuant to 35 IAC Sections 732
.301 and 732.309 and Section 57
.7(a) of the Act, the Illinois
EPA is requiring a Site Classification Completion Report to be submitted by March 15, 2002 .
The plan must be prepared in accordance with 35 IAC Part 732, Subpart C and should be
submitted to:
Illinois Environmental Protection Agency
Bureau of Land
- #24
LUST Section
1021 North Grand Avenue East
tF A
~,
^ LE
Post Office Box 19276
Springfield, Illinois 62794-9276
. M M ,M
Exhibit C
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 (NORTH GRAND AVENUE EAST, P
.O
. Box 19276 . SPRINGFIELD, ILLINL)L 62-94-Y_ 6
RENEE CIPRIANO, DIRECTOR
CERTIFIED MAIL
0 p4.
PRINTED ON RECYCLED PAPER
- - Page 2
Please submit all correspondence in duplicate and include the
"Re:" block shown at the beginning
of this letter.
Further, take notice that non-compliance with the requirements of the Environmental Protection
Act and the rules and regulations adopted thereunder may be the subject of enforcement action
pursuant to the Environmental Protection Act 415 ILCS 5 et s q
. or the Federal Resource
Conservation and Recovery Act (RCRA), 42 U.S .C. Sec. 6991 et seq.
If you have any questions or need further assistance, please contact Wayne Zuehlke at
217/557-6937 .
Sincerely,
CC4~4w4 7,
Clifford L. Wheeler
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
CLW: WZ\20001644SCCRrequest.doc
cc
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
vs .
)
No. PCB 06-119
(Enforcement-UST)
STRATA GEOLOGIC SERVICES, INC ., )
an Illinois corporation,
)
Respondent .
)
REQUEST FOR ADMISSION OF FACT
The PEOPLE OF THE STATE OF ILLINOIS, ex rel . LISA MADIGAN, Attorney General
of the State of Illinois, pursuant to Supreme Court Rule 216 and Section 101
.618 of the Board's
Procedural Rules, 35 III
. Adm . Code 101 .618 submits to STRATA GEOLOGIC SERVICES, INC .
("Strata") this request for the admission of the truth of the following specified relevant facts
within 28 days after service hereof . Failure to respond to the following requests to admit within
28 days may have severe consequences . Failure to respond to the following requests will result
in all the facts requested being deemed admitted as true for this proceeding . If you have any
questions about this procedure, you should contact the hearing officer assigned to this
proceeding or an attorney :
1 .
Strata is an Illinois corporation in good standing .
.-r-
2 .
Charles E . Miller III is president of the corporation and Roseanne M . Miller is the
corporation's registered agent . The address for both the president and registered agent is
8281 N
. Unity Road, Lena, Illinois 61048 .
A..~
2 .
On August 28, 2000, Strata reported to the Illinois Emergency Management
1
Exhibit B
yL'
/9
/ L
Agency ("IEMA") the release of gasoline from an underground storage tank owned by it and
located at 3801 14" Avenue, Rock Island, Rock Island County, Illinois .
3 .
Strata did not submit a 20-Day Certification concerning the August 28, 2000
release within 20 days of notifying IEMA of the release .
4 .
Strata did not submit a 45-Day Report concerning the August 28, 2000 release
within 45 days of notifying IEMA of the release .
5.
By letter dated May 30, 2001, Illinois EPA approved the Site Classification Work
Plan and notified Strata that the Site Classification Completion Report was due by no later than
August 28, 2001 .
6.
By letter dated February 26, 2002, Illinois EPA notified Respondent that the Site
Classification Completion Report had not been received and that this report was now due by no
later than March 15, 2002 . x?
7.
Strata did not submit a Site Classification Completion Report concerning the
August 28, 2000 release within either the August 28, 2001 or March 15, 2002 deadlines .
8 .
On April 18, 2002, Illinois EPA sent a Violation Notice ("VN") to Strata concerning
the August 28, 2000 release . The VN requested a response by no later than June 2, 2002 .
,
/J1
D
Strata never responded to the VN
.
a'
, Tf9 ~~
tr~~fs-._
,u
s f car
t .
-/7)
t,
: r
/'
/C:!'/Z-
Ct ...9seFeCsi~T/=
On October 30, 2002, Illinois EPA sent Strata a Notice of Intent to Pursue Legal
Action ("NIPLA") concerning the August 28 . 2000 release . Strata never responded to the
i
10 .
To date, Strata has not submitted to Illinois EPA a Corrective Action Completion
G1 ,
i 1 f+
9.
On June 12, 2003, Strata reported to the IEMA the release of gasoline from an
underground storage tank owned by it and located at 210 East 1" Street, Milan, Rock Island
County, Illinois .
NIPLA .
Report concerning the August 28, 2000 release .
2
10.
Strata has never submitted to Illinois EPA a 20-Day Certification concerning the
June 12, 2003 release
.
11 .
Strata has never submitted to Illinois EPA a 45-Day
_Report concerning the June
,. ')
t...
7-,,
-r-T O
Z94,
12, 2003 release .
12 .
On October 8, 2003, Illinois EPA sent a Violation Notice ("VN") to Strata
concerning the June 12, 2003 release . Strata never responded to the VN
.
13.
On June 14, 2003, Illinois EPA sent Strata a Notice of Intent to Pursue Legal
Action ("NIPLA") concerning the June 12, 2003 release . Strata never responded to the NIPLA .
L-
' u'2J Lc'
C~
f
Respectfully Submitted,
500 South Second Street
Springfield, Illinois 62076
(217) 782-9031
Dated
: March 30, 2007
PEOPLE OF THE STATE OF ILLINOIS,
ex rel . LISA MADIGAN,
Attorney General of the State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/
Asbesto Litig ion vision
By :
RA MO D J
. CALLE
Assistant Attorney General
Environmental Bureau
3
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
V
.
)
PCB 06-119
(Enforcement - UST)
STRATA GEOLOGIC SERVICES, INC .,
)
an Illinois corporation,
)
Respondent.
)
AFFIDAVIT OF JAMES MALCOM
Upon penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure,
the undersigned certifies that the statements set forth in this instrument are true and correct, except as
to matters therein stated to be on information and belief and as to such matters the undersigned
certifies as aforesaid that I verily believe the same to be true :
1 .
I, James Malcom, am employed by the Illinois Environmental Protection Agency
("Illinois EPA") as an Environmental Protection
Specialist III ("EPS III") in the Leaking
Underground Storage Tank ("LUST") Section of the Bureau of Land
. I have been employed by the
Illinois EPA for eight years and have been employed as an EPS III with the LUST section for six
years.
2.
As part of my duties as an EPS III for the LUST Section, I am responsible for
reviewing and acting upon all reports, correspondence, and notices required to be kept by the Illinois
Environmental Protection Act and related regulations concerning LUST releases for which I am
assigned .
I am also responsible for being familiar with the pertinent statutes
and regulatory
provisions .
3 .
I have a Bachelor's Degree in Biology from the University of Illinois
.
Exhibit C
4.
I am familiar with the Illinois Attorney General's case involving Strata Geologic
Services, Inc
. ("Strata") and the reports, correspondence, and notices kept as Illinois EPA's record
concerning the June 12, 2003 release
. In support of the People's Motion for Summary Judgment, I
provide the following factual statements, opinions, and conclusions based upon my experience and
expertise.
5 .
On June 12, 2003, Strata reported to the Illinois Emergency Management Agency
the release of gasoline from an underground storage tank owned by it and located at 210 East 1
St
Street, Milan, Rock Island County, Illinois
. The extent of release was unknown, but the tank system
at the site included one 4000 gallon gasoline tank and one 6000 gallon gasoline tank, as well as a
4000 gallon diesel tank and an 8000 gallon kerosene tank . Attached as Exhibit A is a true and
correct copy of Illinois HazMat Report, Incident #20030870
.
6.
Strata has never submitted to Illinois EPA the 20-Day Certification concerning the
June 12, 2003 release . Pursuant to 35 Ill . Adm . Code 732 .202(c) (as in effect prior to March 1,
2006) the owner or operator shall submit the 20-Day Certification to Illinois EPA within 20 days
after confirmation of the release
. The 20-Day Certification was due by no later than July 2, 2003
.
7 .
Strata has never submitted to Illinois EPA the 45-Day Report concerning the June 12,
2003 release . Pursuant to 35 Ill . Adm
. Code 732.202(e) (as in effect prior to March 1, 2006) the
owner or operator shall submit the 45-Day Report to Illinois EPA within 20 days after confirmation
of the release
. The 45-Day Report was due by no later than July 27, 2003 .
8 .
On October 8, 2003, Illinois EPA sent a Violation Notice ("VN")
to Strata. Strata
never responded to the VN
.
On October 5, 2006, Illinois EPA received from Strata a Corrective Action
Completion Report concerning the June 12, 2003 release
.
10.
On October 23, 2006, Illinois EPA issued a No Further Remediation Letter
concerning the June 12, 2003 release
.
FURTHER AFFIANT SAYETH NOT
.
Subscribed and sworn to before me this 26
th
day of March, 2007 .
Y PUBLIC
;..;.;.;.
.;
;
..
.
.
OFF! Cil~,L
a
CATHER N'
' .TER
°
NOTARY P1
i
.
,i yr 1Wt101S '
~,My COMMISS~(, . ;TIRES
314 .2008 f
OFFICIAL
SEAL
CATHERINE R
. HUNTER
NOTARY PUBLIC, STATE OF ILLINOIS
:_ My COMMISSION EXPIRES 3. 14
.2008
3
9
1
I
I
I
JUN
- 1? - ~UU
. lriu u
..
.oi rn
o
Incident
Illinois HazMat Report Incident # : H 20030870
Entered by Hugo Sultan on 06112/2003 at 15 :48
Incident Type:
Data Input Status :
Incident Level:
21 . Narrative / Comments :
Illinois HazMet Report
( ) Open • Close
•
Main Incident
(,)
Sun-Incident
Exhibit A
G11°~L4' - 4U30
T-418
P .002/002
F-540
PS --`-
g
L~/~
Incident
E
ReccMorOQ
JUN G 5 (00
HEVIEVVf--R
MM
1 . Caller ; CHARLES MILLER
14 . On Scene Contact
: N/A
On Scene Phone #
: N/A
15. No. Injured: 'NONE
2. C41 back ..'one#: 815/369-2197
3. Caller Represents ; STRATA GEOLOGIC
SEIVICES INC.
4.
.e of Incident
: LEAK OR SPILL
Where Taken :
.,
16
. Public health risks and/or precautions tak
including # evacuated: NONE
S
_
17 . Assistance needed from State Agencies
: NONE.
18 . Cansaimnent/o1oanup actions and plans : CALLFk
TS CONTRACTOR
19
.
Waster, SUNNY
Temp .: 70 deg, f/ Wind Dir. UNK I Speed U1*
M.p.h.
20, Responsible Party: STRATA GEOLOGIC
_-
SERVICES INC.
Contact Person- CHARLES MILLER
Phone #: 815/369-2197
Mailing Address : 8281 NORTH UNITY ROAC .
LENA, IL 61048
11
. Estimated Sill Extent: UNKNOWN
Notifications : )EPA/OSFM/NRTP/REGION 6
12. Occurred - Deter
.
Time :
Discovered- Date: 06/1212003
Time
: 09 :00
13 . Emergency Unite Contacted - NONE
On Scans
-
NONE
Fire : -
Fire : -
Police: -
police
: -
Sheriff
: -
Sheriff -
ESDA; -
ES DA: -
