RcyE
BEFORE
THE
POLLUTION
CONTROL
BOARD
OF
THE
STATE
OF
ILLINOIS
MAR
092009
PRIME
LOCATION
PROPERTIES.
LLC
)
pjjEOF
ILLINOIS
Petitioner,
)
COntroj
9
oard
11
V.
)
PCBNo.
____
)
(LUST
Appeal)
ILLINOIS
ENViRONMENTAL
)
PROTECTiON
AGENCY,
)
Respondent.
)
PETITION
FOR
REVIEW
Pursuant
to
40
and
57.7
of
the
Environmental
Protection
Act
(“ACT”).
415
TLCS
5/40,
5/5
7.7,
to
Board’s
regulations
on
Leaking
Underground
Storage
Tank
(“LUST”)
decisions,
35
iLL.
ADM.
105.400
et
seq.,
and
to
the
decision
denying
continuance
of
the
filing
hereof
beyond
today’s
date,
petitioner
Prime
Location
Properties,
LLC
(“Prime”)
submits
this
Petition
for
Review
of
the
Illinois
Environmental
Protection
Agency
(“Agency”)
decision
attached
hereto
as
Exhibit
1
(“Decision”)
denying
approval
of
Prime’s
Amended
High
Priority
Corrective
Action
Plan
(the
“Plan”)
and
further
denying
approval
of
the
budget
associated
therewith.
Pursuant
to
57.8
(I)
of
the
Act,
Prime
further
requests
the
Board
to
order
the
Agency
to
pay
Prime’s
legal
costs
for
seeking
payment
in
this
appeal.
I.
THE
AGENCY’S
FINAL
DECS1ON
The
Decision
of
which
review
is
sought
to
contained
in
Exhibit
I
hereto.
IL
SERVICE
OF
THE
AGENCY’S
FINAL
DECSION
The
Decision
indicates
it
was
mailed
January
27.
2009.
It
was
received
by
Prime
January
29,
2009
and
this
appeal
is
timely
pursuant
to
Jeremy
VanScyoc
letter
dated
February
17,
2009
of
which
a
true
copy
is
attached
Exhibit
2.
III.
GROUNDS
FOR APPEAL
A. The
Agency’s
denial
of the
plan
because
during
the investigation
activities
associated
with Incident
# 200113
14 soil
and roundwater
contamination were
not
identified
in
the
vicinity
of
USTs #3
through
#7
is
eaToneous,
arbitrary,
and
capricious.
Five
years
later
while
during
the
removal
of these
USTs
and
remediating
soil contamination
in
these
areas under
an
approved
Corrective
Action
Plan
dated
December
20,
2005, an
additional
incident
was discovered
and reported
on December
13,
2006 as
a re-reporting
of Incident
#20011314.
The previous
soil and
groundwater
investigation did not
sample
and
test
immediately around
these existing
USTs prior
to discovering
the soil
contamination
around
the
USTs.
Because
not
enough
investigation
was
completed
prior
to the
corrective
action
activities
and
UST
removal
activities
soil contamination
was
discovered
in the
area of
the USTs
while
completing
these
activities.
Therefore,
Incident
#20061558
is
not
a new release
and
is should
be
considered
a re-reporting
of incident
#20011314.
The
USTs#3
through
#5 have
not
been in
service,
operated
or filled
with
petroleum
since
July
3,
1995
and
USTs
#6
and
#7 have
not been
in service,
operated
or filled
with
petroleum
since May
1 7,
1987 in
accordance
to the
Office
of the
State Fire
Marshal
records,
which
a true copy
is attached
as
Exhibit
3. Prime
purchased
this property
with
the
USTs still
in the
ground
on March
20,
2006
and
have
never
operated
them,
which
a
copy
of
the deed
is
attached
as
Exhibit
4.
B. The
Agency’s
request
Pursuant
to
35 Ill.
Adm. Code
734.210(c)
and 734.2
10
(e),
and
the 20
— and
45 — Day
reporting
requirements
must
be
fulfilled
is
erroneous.
arbitraiy
and
capricious
due
to
incident
#20061558
is
a
re-reporting
of
Incident
#20011314.
B.
The
Agency’s
denial
of
the plan,
pursuant
to 35111.
Adm.
Code
734.3
10
(a), prior
to
conduction
site
investigation
activities
pursuant
to Section
734.3
15,
734.320
or
734.325
of
this
Part, the owner
or
operator
must
submit to the
Agency for review a
site
investigation
plan is erroneous, arbitrary,
and capricious.
C.
The
Agency’s denial of the
budget
was erroneous,
arbitrary,
and
capricious,
in
that
the denial of the Plan with
which the
budget was associated
was
erroneous,
arbitrary,
and
capricious.
1V.
CONCLUSION
For all the foregoing reasons,
petitioner
Prime
Location
Properties,
LLC respectfully
submits
that:
the
Decision
should
be
reversed and
the
Agency
ordered to
approve
the
Amended
High Priority Corrective
Action
Plan and the
budget associated
therewith,
and
order the Agency to pay
Prime’s attorneys’ •fees
for this appeal.
Prime requests
that
Incident
#2006
1558
be
approved
as
a
re-reporting
of the hrst
Incident
#20011314
and
be
allowed to
be
addressed and approved
by the Agency
under one assessed
deductible.
March
4, 2009
Prime
Location
Properties, LLC
‘
Property
Owner/Petitioner
Prime
Location
Properties,
LLC
Joe
Keebler
P.O. Box 242
Carbondale,
1L 62903
3
EXHIBIT
I
ILLTNOIS
ENvIRoNMEr’iTAL PRoTEcTIoN
AGENcY
-
,
1021 N0RmI
Gn,\ND
AVEFUE
EAST.
P.O. Box
19276, SPxII4GFIELD,
(LUNOIS
62794-9276
-(217) 782-2829
J.mits
R.
Tt-iotpsot.t
CElTER,
100 VVES
RANDoLPH,
SUITE
11-300,
CHilcAco,
IL
60601
(312)
814-6026
ROD
R.
BLAGO)EvlcI-i,
GovERNoR
DOUGLAS
P.
Scan,
DIRECTOR
217/782-6762
CERTIFIED
MAIL
JAN
70fl
i30
OUI]4
177
9E27
Prime
Location
Properties.
LLC
Attn:
Joe Keibler
P.O.
Box
242
CarbondalelL
62903
Re:
LPC
#1270155017
- Massac
County
Metropolis/Prime
Location
Properties,
LLC
600
West
I 0
Street
Leaking
UST
incident
No. 20061558
Leaking
UST
Technical
File
Dear
Mr.
Keibler:
The
Illinois
Environmental
Protection
Agency
(Illinois
EPA)
has
reviewed the
amended
Corrective
Action Plan
(plan)
submitted
for
the above-referenced
incident.
This
plan,
dated
November
10, 2008,
was
received
by the
Illinois
EPA
on
November
14, 2008.
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
Iii.
Adm.
Code).
‘The plan and
the
associated
budget
are
rejected
for the
reason(s)
listed
below
(Sections
57.7(b)
and 57.7(c)
of
the
Act and
35 Ill.
Adrn.
Code
734.505(b),
734.510(a)
and
734.510(b)).
‘The plan
is
rejected
for
the
following
reason(s):
A)
During
the
investigation
activities
associated
with
Incident #20011314
soil
and
groundwater
contamination
were
not identified
in
the
vicinity
of
USTs
#3
through
#7.
However,
three
years
later during
the removal
of
these
USTs.
soil contamination
was
identified
in these areas.
Therefore.
Incident
#20061558
is
a
new
release
and
is
not
considered
a re-reporting
of
incident
#200113
14.
B) Pursuant
to
35 Ill. Adm.
Code
734.2 10(c)
and
734.210(e),
the
20-
and
45-Day
reporting
requirements
must
be
fulfilled.
C) In
addition,
pursuant
to 35 111.
Adm. Code
734.310(a),
prior
to
conducting
site
investigation
activities
pursuant
to
Section
734.3
15, 734.320
or 734.325
of this
Part,
the
owner
or
operator
must
submit
to
the Agency
for
review
a site investigation
plan.
Roceroso
— 4302
Norlh
Main
Street, Rock(orcl,
IL 61103 — (815)
987-7760
.
Dre
PLAINES — 9511
W. Hairison
St., Des
PlaNes,
IL
60016
— (847) 294-4000
ELGIN
— 595
South
State, Elgin,
IL
60123
— (847)
608-3131
.
PsOiw — 5415
N. University St.,
Peoria,
IL
61614
— (309)
693-5463
BuREAu
OF
LAND
- PEORIA — 7620
N.
University
St.,
Peoria,
IL
61614
— 1309)
693-5462
CHAEIP,NGN
— 2125 South
First
Street, champaign,
IL 61820
— (217)
278-5800
COLLINSVILLE
— 2009-Mall
Street,
CoIIinsviIIe,
IL
62234
— (618)
346-5120
.
MAsON
— 2309
VU. Main
St.,
Suite
116, Marion, IL
62959
— (618)
993-7200
PRINTRD
ON
REcyclED
PAPER
Page
2
The
plan
budget
is
rejected
for
the
following
reason(s):
A).
Pursuant
to
Sections
57.7(c)
of
the
Act
and
35
Iii.
Adm.
Code
734.505(b).the
associated
budget
is
rejected
for
the
following
reason:
The
Illinois
EPA
has
not
approved
the
plan
with
which
the
budget
is
associated.
Until
such
time
as
the
plan
is
approved,
a
determination
regarding
the
associated
budget—
i.e..
a
determination
as
to
whether
costs
associated
with
materials,
activities,
and
services
are
reasonable;
whether
costs
are
consistent
with
the
associated
technical
plan; whether
costs
will
be
incurred
in
the
performance
of
corrective
action
activities;
whether
costs will
not
be
used
for
corrective
action
activities
in
excess
of
those
necessary
to
meet
the
minimum
requirements
of
the
Act
and
reu1ations,
and
whether
costs
exceed
the
maximum
payment
amounts
set
forth
in
Subpart
H
of
35
III.
Adm.
Code
734—cannot
be
made
(Section
57.7(c)(3)
of
the
Act
and
35
Iii.
Adm.
Code
734.510(b)).
In
addition,
please
note
most
of
the
costs
in
the
proposed
budget
will
have
to
be
submitted
as
Early
Action
costs.
Pursuant
to
Sections
57.7(b)
and
57.12(c)
and
(d)
of
the
Act
and
35111.
Mm. Code
734.100
and
734.125,
a
Stage
I
Site
Investigation
Plan
(Incident
#20061558)
and
a
Corrective
Action
Completion
Report
(Incident
#2001
13l4)must
he
submitted
within
60
days
of
the
date
of
this
letter
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
62794-927
6
Please
submit
all
correspondence
in
duplicate
and
include
the
Re:
block shown
at
the
beginning
of
this
letter.
An
underground
storage
tank
system
owner
or
operator
may
appeal
this decision
to
the
Illinois
Pollution
Control
Board.
Appeal
rights are
attached.
Page
3
If
you have
any
questions
or
need
rther
assistance,
please
contact
Jason
Donnelly
at
(217)
557-
8764.
Sincerely,
Harry
A.
Chappel,
P.E.
Unit
Manager
Leaking
Underground
Storage
Tank
Section
Division
of
Rernediation
Management
Bureau
of
Land
HAC:JD\061
558&Oi
131
4-sicap&hud
Attachment:
Appeal
Rights
c:
Environmental
lvi
anagement,
Inc.,
Jeremy
VanS
cyoc
BOL
File
Appeal
Rights
An
underground
storage
tank
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
afler
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
ovner
or
operator
wishds
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
request
for
an
extension,
please
contact:
Illinois
Environmental
Protection
Agency
Division
of
Legal
Counsel
1
021
North
Grand
Avenue
East
Post
Office
Box
19276
Springfield,
IL
62794-9276
217/782-5544
For
information
regarding
the
filing
of
an
appeal,
please
contact:
Illinois
Pollution
Control
Board,
Clerk
State
of
illinois
Center
100
West Randolph,
Suite
11-500
Chicago,
IL
60601
312/814-3620
EXHiBIT
2
4>
ENVRoNMENTAL
MANAGEMErr
Coroorate
Office
St.
Louis
016cc
1154
N,
Bradfbrdton
Rd.
Springfield,
IL
62711
12237
Rainhollow
Dr.
St.
Louis,
MO
63043
21
7/726-9468
21
7/726-9472
(Fax)
314/650-8268
Email:
mkeebler@envmont.com
February
17.
2009
Illinois
Environmental
Protection
Agency
Division
of
Legal
Counsel
1021
North
Graid
Avenue
East
Post
Office
Box
1.9276
Springfield.
Illinois
62794-9276
Re:
LPC
1270155017
—
Masaac
County
Metropolis/Metropolis
Oil
&
Gas
(Prime
Location
Properties’)
600
West
1016
Street
LUST
lncidentNo.
20011314
&20061558
LUST
Technical
File
Dear
Corresnondent:
Pursuant
to
Section
40
and
57.7(c)(’)
of
the
Environmental
Protection
Act.
Environmental
Managemeni
inc
E111)
01
beflalf
of
our
Thten
Prinie
Location
r
nnerues
i:
r
enuesur’s
90
day
extension
to
the
35-day
appeal
perioc1.
The
final
decision
was
dated
January
27.
2009.
As
required.
a
copy
of
this
final
decision
is
included
herein.
Thank
you
For
your
assistance
regarding
this
matter.
Please
contact
me
at
(217)
726-9468
if
you
have
any
questions
or
reQuire
anything
further.
Sincet
el\
-
-
-
V
-
-
k—’
‘
Jereirly
.
\‘anS’cyoc.<-P-E.
Sei$ifesiona1
.ingmeer
Enviriincntal
Management,
Inc.
Enclosure
EXHiBIT
3
Office
of
the
Illinois
217-782-1062
Divisions
ARSON
IN\’ESTIGATION
217-762-9116
BOILER
and
PRESSURE
VESSEL
SAFETY
217-762-2696
FIRE
PREVENTION
217-785-4714
MANAGEMENT
SERVICES
217-782-9888
INFIRS
217-785-5826
HUMAN
RESOURCES
217-785-1026
PERSONNEL
STANDARDS
and
EDUCATION
217-762-4542
PETROLEUM
and
CHEMICAL
SAFETY
217-765-5878
PUBLIC
INFORMATION
217-785-1021
WEB
SITE
wwn,-ataleilus/onirn
You
must
contact
the
Illinois
Environmental
Protection
Agency
to
receive
a
packet
of
Agency
billing
forms
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:
1.
Neither
the
owner
nor
the
operator
is
the
United
States
Government,
2.
The
tank
does
not
contain
fuel
which
is
exempt
from
the
Motor
Fuel
Tax
Law,
3.
The
costs
were
incurred
as
a
result
of
a
confinned
release
of
any
of
the
following
substances:
1035
Stevenson
Drive
Springfield,
Illinois
62703-4259
State
Fire
Marshal
“Partnering
With
tile
Fit-c
Service
to
Protect
Iflinorc
Genaral
OPine
217-785-0969
FAX
CERTIFIED
MAIL
-
RECEIPT
REQUESTED
#7003
3110
0004
1274
7329
April
17,
2006
Prime
Location
Properties,
LLC
P.O.
Box
242
Carbondale,
IL
62903
In
Re:
Facility
No.
7-009479
IEMA
Incident
No.
01-1314
Mertopolis
Oil
&
Gas
600
W.
10
th
Stteet
Mertopolis,
Massac
Co.,
IL
Dear
Applicant:
The
Reimbursement
Eligibility
and
Deductible
Application
received
on
April
4,
2006
for
the
above
referenced
occurrence
has
been
reviewed.
The
following
determinations
have
beers
made
based
upon
this
review.
It
has
been
determined
that
von
are
eligible
to
seek
payment
of
costs
in
excess
of
S1S,000
-
The
costs
must
be
in
response
to
the
occurrence
referenced
above
and
associated
with
the
following
tanks:
Eligible
Tanks
Tank
1
2,000
gallon
Gasoline
Tank
2
3.000
gallon
Gasoline
Tank
3
1,000
gallon
Gasoline
Tank
4
550
gallon
Kerosene
Tank
5
2,000
gallon
Gasoline
Tank
6
2,000
gallon
Gasoline
Tank
7
1,000
gallon
Gasoline
Printed
on
Recycled
Paper
“Fuel”,
as
defined
in
Section
1.19
of
the
Motor
Fuel
Ta
Law
Aviation
fuel
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
fmal
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
Illinois
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
hearing
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
if
you have
any
questions,
please
contact
our
Office
at
(217)
785-1020
or
(217)
785-5878.
Sincerely.
Deanne
Lock
Adntinisrmtive
Assistant
Division
of
Petroleum
and
Chemical
Safety
cc:
1EPA
Facility
File
[L
Notification
for
Underground
Storage
Tanks
OFFICE
USE
ONLY
• A
separate
form
must
be
used
for
each
site.
D
NUMBER
If
you
have
more
than
five
tanks,
photocopy
pages
1-5
DATE
REOEIVED
and
attach
to
this
notification form.
•
Please
type
or print
in
ink;
the
signature
under
“certification”
(section
IX)
must
be
signed
in
ink.
—-
Facility
ID.
4 (if
known)
7—
‘-77
Owner
ID.
4
(if known)
TYPE
OF
NOTIFCATON
New
Facility
Amended
(Changes/Corrections/Additional
Tanks)
Mark
all
that
apply:
Owner
Address
Change
(this
facility
only)
Tanks
Relined
(Permit
4
)
Owner
Address
Change
(all
facilities
owned)
Tanks
Installed
(Permit
#_
New
Owner
Tanks
Upgraded/Repaired
(Permit
4
__)
—
.X
Tank(s)
Removed
(Permit
4
Abandonment
Notice
(Permit
4
Other
I, Ownership
of Tank(s)
IL
Location
of
Tank(s)
(ii
same
as
Seonon
I,
Mark
box)
Owner
Name
(Corp.,
Individual.,
Public
Agenv
or other
Enthy)
Facility
Name
o
Company Sits
identifier,
as
applicable
/
c
l_t
-
Mailing
Address
Street
Address
or
State
Road,
as
applicable
(exact
address)
:t:t.
c3
.
.
.
City
State
Zip
City
State
Zip
-\s
County
County
()
S3
Contact
Name
(Area
Code)
Phone
Contact
Name
(Area
Code)
Phone
L
III.
TYPE
OF
OWNERSHIP
(mark
all
thatapply)
Current
Owner
of
Tanks
Ownership
Uncertain
Date
Purchased
D
Former
Owner
D
Other
IV.
TYPE
OF
FACILITY
Type
of
Facility:
(Circle
correct
code)
A.
Service
Station
G.
Industrial/Manufacturing
M.
City/Town
S.
Port
District
B.
Bulk
Plant
H.
Private
Institution
N. County
T.
Utility
District
C.
Petroleum
Distributor
I.
Residence
(Non-Farm)
0.
State
U.
Fire
Dept.
D.
Convenience
Store
J,
Farm
P.
Federal
(Military)
V.
Other
Special
E.
Auto
Dealer
K.
Airport
Q.
Federal
(Non-Military)
Service
Districts
F.
Commercial/Retail
L.
Marina
R.
School
District
W.
Other
(Please
Specify)
V.
Description
of
Underground
Storage
Tanks
(Complete
entire column
for
each
tank)
Tank
Identification
Number
Tank
No.
Tank
No.2
Tank
No.3
Tank
No,
Tank
No.,.5
1.
Status
of
Tanks
Currently
in
use
Temporarfly
out
of
use
(Secton
2
must
be
completed)
Permanently
out
of
use
(Secton
2
must
be
completed)
Removed
(Secton
3
must
be
completed)
Abandoned
in
place
(Seofion
4
must
be
completed)
2.
Tanks
Permanently
&
TemporarilyOutof
Use
,
1?
7
,l7
Estimated
date
last
used
1
Jo
/((,
7
i
/c
‘/
3/
‘i
3,
Tanks
Removed
Datetank(s)
removed
3
/
iz/i/o
L/3
,
t2/i3/
iz
/
/
Estimated
date
last
used
-‘
/3/’)5
7/cs
/
7
k3/tc-
7/
7/c/
4.
Abandoned
in
P’ace
Date
tanks
filled
/
/
//
//
//
//
Tank
filled
with:
Inert
materials
(sat-id,
etc.)
Vater
Unknown
.
Other
(please
specify)
S.
Age of
Tank
C-.
Date
tank
installed
/
/‘
o
ei/c
/
//
/r/’
5//zy
Date
product
placed
ri
tank
//‘i
//y
/c/,y
j-
/5”
/,.,
.
Estimated
Tot&
Capacity
(gallons)
7.
Substances
Currently
or
Last
Stored:
Petroleum
Diesel
Kerosene
Gasoline
Used
oil
Other
(Please
specify)
Petroleum
Use
(if
applicable):
Heating
oil
(ccnsumpve
use
on
premises)
Back-up
generator
Other
(please
specify)
Hazardous
Substance:
Name
of
principal
CEPcLA
substanCE
Chemical
Abstract
Service
(CAS
No
-
I
_____
VL
Description
of
Underground Storage
Tanks
(Complete
entire
column
for
each
tank)
1.
ateriai
of
Construction
(mark
all
that
apply)
Asphalt
coated
or
bare
steel
Cathodically
protected
steel
Dielectric
coated
steel
Composite
(steel
with
ftergiass)
Fiberglass
reinforced
plastic
Lined
interior
Double-walled
Secondary
containment
Steel
STl-P3
Other
(please
specify)
2.
Piping
Materials
(mark
all that
apply)
Bare
steel
Galvanized steel
Fiberglass
reinforced plastic
Cathodically protected
Double-walled
Secondary
containment
Dielectric coating
Other
(please
specify)
3.
Piping
Type
(mark
all that
apply)
European
suction
American suction
Pressure
Gravity
feed
Other
(please
specify)
El
El
El
El
El
El
El
El
El
El
Tank
Identification Number
Tank
No.?
Tank
No.2.
Tank
No.3
Tank
No.SL
Tank
No.S
El
El
Li
El
El
El
El
El
El
El
El
El
El
El
El
El
El
El
El
El
El
El
El
El
El
El
El
lank
identification
Number
Tank
No./
Tank
No.Z
Tank
No.3
Tank
No.
[
Tank
NoS
4ReIease
Detection
Tank
Piping
Tank
Piping
Tank
Piping
Tank
Piping
Tank
Png
(Mark
all
that
apply)
Manual
tank
gauging
Li
Li
Li
Inventory
controls
Li
Li
Li
Li
Li
Automatic
tank
gauging
Li
Li
Li
Li
Li
Vapor
monitoring
Li
Li
Li
Li
Li
Li
Li
L_J
LI
LI
Groundwater
monitoring
Li
Li
Li
Li
Li
Li
Li
Li
Li
Li
Interstitial
monitoring
Li
Li
Li
Li
Li
Li
Li
Li
Li
double-walled
tankipiping
Li
Interstitial
monitoring
Li
Li
Li
Li
Li
Li
Li
Li
Li
Li
/secondary
containment
Tank
tightess
testing
Li
Li
Li
Li
Li
Automatic
line
leak
detector
Li
Li
Li
Li
Li
Line
tightness
testing
Li
Li
Li
Li
Li
Automatic
shut-off
device
Li
Li
Li
Li
Li
Continuous
alarm
system
Li
Li
Li
Li
El
No
requirements
Li
Li
Li
Li
(european
suction)
Li
Other
(please
specify)
5.
Corrosion
Protection
Tank
Piping
ank
Piping
Tank
Piping
Tank
Piping
Tank
PiDing
(mark
all
that
apply)
Cathodic
protection
Li
Li
Li
Li
Li
Li
Li
Li
Li
Impressed
current
Li
Li
Li
Li
Li
Li
Li
Li
Li
Li
Li
Secondary
containment
Li
Li
Li
Li
Li
Li
Li
Li.
Li
Exterior
coating
Li
Li
Li
Li
Li
Li
Li
Li
I
Li
Li
Fiberglass
reinforced
plastic
Li
Li
Li
Li
Li
Li
Li
Li
I
Li
Li
Double-walled
Li
Li
Li
Li
Li
Li
Li
Li
Li
Li
Li
Interior
lining
Li
Li
Li
Li
Li
Other (please
specify)
.
SpW
&
Overfill
Prevention
(Mark
all
that
apply)
Overfill
device
Li
Li
Li
Li
Li
Automatic
shut-off
Li
Li
Li
Li
Li
Overfill
Alarm
LI
Li
Li
Li
Li
Ball
float
valve
Li
Li
Li
Li
Li
Spill
containment
device
Li
Li
Li
Li
Other (Please
specify)
Li
VII.
Certification
of
Compliance
(Complete
for
all
new,
upgraded
and
relined
tanks
at
this
location)
Installation
(mark
all
that
apply)
Installer
certified
by
tank
and
piping
manufacturers
installer
certified
or
licensed
by
implementing
agericy
installer
registered
by
implementing
agency
Installer
is
the
owner
of
the
tank(s)
Installation
inspected
by
a
registered
engineer
Installation
inspected
&
approved
by
implementing
agency
Manufacturers
installation
checklists
have
been
completed
I
Another
method
allowed
by
state
agency
(please
specify)
OATI-t:
I
certify
the
information
that
is
provided
in
section
VII
is
true
to
the
best
of
my
knowledge,
and
certify
that
the
installation
was
performed
in
accordance
with
all
applicable
state
and
federal
laws
and
regulations.
(THIS
SECTION
P/lAY
ONLY
BE
COMPLETED
BY
THE
CONTRACTOR.
SEPARATE
OATH
MUST
BE
SUBMITTED
FOR
EACH
ACTIVITY
PERFORMED
BY
DIFFERENT
CONTRACTOR.)
Tank
No.
Permit
No.
Contractor:
Name
Signature
(must
be
original)
Date
Positon
Company
VI1L
FinaucaL
Responsibility
Mark
all
that
apply:
Self-Insurance
Guarantee
Certificate
of
Deposit
Commercial
Insurance
Surety
Bond
Trust
Fund
Risk
Retention
Group
Letter
of
Credit
Other
Method
Allowed
(please
specify)
IX.
Certification
(Read
and
sign
after
completing
all
sections)
I
certify
under
penalty
of
law
that
I
have
personally
examined
and
am
familiar
with
the
information
submitted
in
this
and
all
attached
documents,
and
that
based
on
my
inquiry
of
those
immediately
responsible
for
obtaining
the
information,
I
beiieve
that
the
submitted
information
is
true,
accurate
and
complete.
-
.
-
.
______
Name
and
official
title
of
owner
or
Signatiré-.,
Dates
Signed
owner’s
authorized
representative
(must
be
original)
(print)
V.
Description of Underground
Storage
Tanks (Complete enfire column for
each
tank)
Tank dentification
Number
]
TankNo._ TankNo. TankNo.
IankNo,
TankNo,
tStatus of
Tanks
1
Currently
Temporarily
in
use
out
of
use
I
(Section
2 must be
completed)
Permanently
out of use
(Secon
2 must be
completed)
Removed
El
El
El
(Section
3 mustbe completed)
Abandoned
in
place
El
El
El
El
El
(Section
4 must be completed)
2.
Tanks Permanenty &
Temporarily
Out
of
Use
—— /
Estimated
date
last used
• I
i1
i
i
/
?
/
/
/
/
/
/
3.
Tanks Removed
I
— -
Date
tank(s) removed
z
/t
/
a/
i/
/
/
/ /
/
/
Estimated
date
last used
ç
/ /
i
;
/
i
- /
/
/
//
/ /
4. Abandoned
in
Place
Datetanksfilled
)
/
II
/
/
/
/
/
/
/
/
Tank filled with:
lne materials (sand,
etc.)
Water
Unknown
Other (please specify)
&Age
Date
of
tank
Tank
installed
//
9/5/;J
/
/
/
/
—
/ /
Date produd placed in tank
j
/5
/5
/J
/
/
/ /
/
. Estimated Total Capacity
(gallons)
7.
Substances
Currently or
Last
Stored:
Petroleum
Diesel
Kerosene
Gasoline
Used oil
Other (Please specify)
Petroleum Use (if
applicable):
Heating oil
(consumptive use on premises)
Back-up
generator
Other (please
specify)
Hazardous
Substance:
Name of principal CERcLA
substanc
Chemical
Abstract
Service (CAS
No
El
El
El
El
VL
Description
of
Underground
Storage
Tanks
(Complete
entire
column
for
each
tank)
1.
fillaterial
of
Construction
(mark
aN
that
apply)
Asphalt
coated
or
bare
steel
Cathodically
protected
steel
Dielectric
coated
steel
Composite
(steel
with
fiberglass)
Fiberglass
reinforced
plastic
Lined
interior
Double-walled
Secondary
containment
Steel
STI-P3
Other
(please
specify)
2.
Piping
Materias
(mark
all
that
apply)
Bare steel
Galvanized
steel
Fiberglass
reinforced
plastic
Cathodically
protected
Double-walled
Secondary
containment
Dielectric
coating
Other
(please
specify)
3. Piping
Type
(mark
all
that
apply)
European
suction
American
suction
Pressure
Gravity feed
Other
(please
specify)
Tank
Identification
Number
Tank
No.
Tank
No.J
Tank
No.
Tank
No.
Tank
No.
-J
1ank
Identification
Number
Tank
No.
Tank
No./
Tank
No.
Tank
No.
Tank
No.
4.
Release
Detection
Tank
Piping
Tank
Piping
Tank
Piping
Tank
Piping
Tank
Piping
(Mark
all
that
apply)
Manual
tank
gauging
l
El
El
El
Inventory
controls
El
El
El
El
El
Automatic
tank
gauging
El
El
El
El
El
Vapor
monitong
El
El
El
El
El
El
El
El
El
El
Groundwater
monitoring
El
El
El
El
El
El
El
El
El
I
El
Interstitial
monitoring
El
El
El
El
El
El
El
El
El
El
double-walled
tanklpiping
Interstitial
monitoring
El
El
El
El
El
El
El
El
El
El
isecondary
containment
Tank
tightness
testing
El
El
El
El
El
Automatic
line
leak
detector
El
El
El
El
El
Line
tightness
testing
El
El
El
El
El
Automatic
shut-off
device
El
El
El
El
El
Continuous
ala
system
El
El
El
El
El
No
requirements
El
El
El
El
El
(european
suction)
Other
(please
specify)
5.
Corrosion
Protection
Tank
Piping
Tank
Piping
Tank
Piping
Tank
Pipg
Tank
Piping
(mark
all
that
apply)
I
Cathodic
protection
El
El
El
El
El
El
El
El
El
El
impressed
current
El
El
El
El
El
El
El
El
El
El
Secondary
containment
El
El
El
El
El
El
El
El
El
El
Exterior
coating
El
El
El
El
El
El
El
El
El
El
Fiberglass
reinforced
plastic
El
El
El
El
El
El
El
El
El
El
Double-walled
El
El
El
El
El
El
El
El
El
El
Interior
iining
El
El
El
El
I
El
Other
(please
specify)
6.
Spill
&
Overfill
Prevention
(Mark
all
that
apply)
Overfill
device
El
El
El
El
El
Automatic
shut-off
El
El
El
El
El
Overfill
Alarm
El
El
El
El
El
Ball
float
valve
El
El
El
El
El
Spill
containment
device
El
El
El
El
El
Other
(Please
specify)
VII.
Certification o CompUanc (Complete for
all new,
upgraded and relined tanks at th
is
location)
instaiation
(mark all
that apply)
Installer
certified
by tank
and
piping
manufacturers
Installer
certified
or
licensed by
implementing
agency
installer
registered
by
LJ
implementing
agency
Installer
is the
owner
of the tank(s)
El
El
Installation
inspected by
a
registered
engineer
Installation
inspected
&
approved
by
implementing agency
Manufacturers
installation
El
El
El
El
El
checklists have been completed
Another
method allowed by state
agency
(please specify)
OATH: I
certify
the inforniation that is
provided
in section VII is true to the best of
my
knowledge,
and
certify
that
the
installation was
performed
in accordance with all applicable
state and federal laws and regulations.
(THIS
SECTION
IVIAY ONLY
BE COMPLETED BY THE
CONTRACTOR.
SEPARATE OATH MUST
BE SUBMITTED
FOR
EACH
ACTIVITY PERFORMED
BY DIFFERENT
CONTRACTOR)
Tank No.
Permit No.
Contractor:
Name
Signature (must be original)
Date
PosNon
Company
VHL Financia
Responsibility
Mark all that apply:
LE
Self-Insurance
[]Guarantec
Certificate of Deposit
El
Commercial Insurance
EZSurety
Bond
El
Trust Fund
El
Risk Retention Group
El
Letter of Credit
El
Other Method
Allowed
(please specify)
IX. Ce
fication
(Read
and
sign
after completing all sections)
1
certify under penalty of law that
I
have
personally examined
and am familiar with the
information
submitted
in this
and
all
attached documents,
and that based on
my
inquiry of those immediately
responsible
for
obtaining the
information, I believe
that the submitted information
is true,
accurate
and complete.
j
S...\.
\,-.
ft
I
-
_\
—
Name
an official title of owner
or
-
Signat
‘\
Date
Signed
owners authorized representative
(must be original)
(print)
EXHIBIT
4
TillS
INDENThIE, W1TNESSETH,
that the
GRANTOR,
METROPOLIS
TIRE
&
OIL
CO.,
flC.,
an Illinois
corporation, for
and
in consideration of
the sum
of $10.00
(TEN
AND
00/100
DOLLARS) and
other
good
and
valuable
consideration, the receipt
of which
is hereby
acknowledged,
CONVEYS
AND
QUIT
CLAIMS
to
GRA1’TEE,
PRIlv[E
LOCATION
PROPERTIES
LLC.
an illinois
limited
liability
company,
the
following
described
real
estate.
1owit:
THE
NORTH
50
FEET
OF LOT
I
AND
THE
NORTH
60 FEET
OF
LOT
2 IN
BLOCK
20
OF
THE
MCBANE
ADDiTION
TO ThE
CiTY
OF
IvEETROPOLIS,
AS
PER
RECORDED PLAT
THEREOF.
Situated
in
MASSAC
COUNTY.
ILLINOIS.
PIN.
08-02-220-001
StreetAddress:
600
W.
10
th
Street,
Metropolis,
illinois
Subject
to
2006
real estate
taxes
and
special
assessments
payable
in
2007
and
subsequent
years,
standard
general
exceptions
normally
contained
in title
commitments,
matters
of
survey,
all taxes
arid
special
assessments now a
lien,
levied
or
confirmed
after
the
date
hereof,
building
use
and
occupancy
restrictions,
if any,
zonin
laws and
ordinances,
easements
of record
and
iii
place
affecting
the
Property;
if
any,
drainage
ditches,
feeders
and
laterals,
if
any,
conveyances
or
reservations
of coal,
gas and
other
minerals
and
mining
rights,
if any
of
record.
II’
WITNESS
WHEREOF,
GRANTOR
has
caused
its
hand
and
seal to
be
affixed
hereto
this.2gay
of
—
2006.
MJIITROPOLIS
TIRE
& OiL
CO.,
INC.,
an
Illinois
corporation
QUIT
CLAIM
DEED
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STATE
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)
)
55
COUNTY OF
(cL
(
)
I,
the
undersigned,
a Notary Public,
in
and for
said
County and
State
aforesaid, J.)o Hereby
Certify
That
Marie
Faulkner,
peisonally
known
to me
to be the
President of
METkOPOLIS
TilU & OIL
CO.,
ThTC,
an
illinois
corporation,
who
is the
grantor,
personally lcnowu to me
to
be
the same person
whose
name
is
subscribed
to
the foregoing
instrument,
appeared
before
me this
day
itt person and acknowledged that she
signed
and
delivered the
said
instrument
as
President of said
coiporation, and
caused
the
corporate seal of said
corporation
to
be affixed
thereto,
pursuant
to
authority,
given by the
Board of Directors of
said corporation,
as
her free
and
voluntary
act,
and as
the free and voluntary act and deed
of said corporation, for
the
forth.
My Commission Expires:_____
STATE
OF
ILLINOIS
)
I
)
SS
COUNTY OF__________
)
I,
the
undersigned, a Notary Public,
fti
and for said County
and
State aforesaid,
Do Hereby
Certify
That
Elizabeth Lefferts,
personally
known to me
:o
be
the
Secretary of
METROPOLIS
TIRE
&
OIL CO.,
INC.,
Illinois corporation, who is the grantor,
persnally
known to
me to be the
same
person whose name
is subscribed
to the foregoing instrument, appeared
be
óre
me this
day
in
person
and acknowledged
that
she
signed and
delivered the said
instru.ment as Secretary of said
corporation, and
caused
the
corporate seal of said
corporation to
be affixed
thereto,
pursuant to authority, given by
the
Board of
Directors of said
corporation,
as her
free
and
voluntary
act, and as
the
free
and voluntary act
and
deed
of
said
corporation, for
the uses and
purposes
therein
set
forth.
Given
under
my hand and
Notarial Seal this
, 006.
My
Commission
Expires:Z:.1
TillS
INSTRUMENT PREPARED
BY:
RETURN
TO
ANJ
MAIL
TAX
BILL TO:
Creighton R. Castle
Giffin,
Winning, Cohen & Bodewes, P.C.
Prime
Location
Properties LLC
I
West
Old
State
Capitol Plaza
3453
S.
Illinois
Avenue
Myers
Building,
Suite 600
Carbondale,
IL
62903
P.O.
Bo, 2117
Springfield, illinois
62705
2I7525-.l57l
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