02-20-2009, 08:46 PM
In response to Wayne Motley's comments made under this topic, I have the following comments:
I think it is time that Motley and the Waukegan Park District Board stop trying to pretend that they completed their due diligence on the soccer/baseball complex in the two weeks that it took them to decide that they were walking away from the Johns Manville site on the lakefront to construct it at Orchard Hills. I work for an attorney who does real estate deals for people who develop shopping centers, and according to him, a due diligence investigation on a project of this scope takes at least a year to complete (usually more). Just because the Park District Board decided to move the project to Orchard Hills doesn't mean that they had done their due diligence on it. A due diligence investigation means checking with governmental authorities to determine what those agencies will or will not allow you to do at the site. Now remember, the Park District said that they had conducted their due diligence at Orchard Hills and was ready to move forward on this project over a year ago Letâs look at whatâs happened so farâ¦..
The Park District Board planned to build a bridge over the creek that runs through that property, but they found out the U.S. Army Corps of Engineers wasnât going to approve that. Then they planned on having a traffic light at the entrance, but the Illinois Department of Transportation wasnât going for that, necessitating a main entrance off Beach Road. Then I tell them that there is a high likelihood that there are environmental issues at Orchard Hills (based on what was found at the Timber Trails Country Club golf course in Western Springs, as well as other golf courses being re-developed across the country). I ask that they do proper testing at the site and, if needed, clean it up prior to moving any dirt out there, but I am not a government agency and I can't force them to take any action, so they pretend these issues donât exist and Motley calls me a liar for voicing them.
I am not an environmental expert. I am, however, a former reporter with a degree in Journalism, and I learned a long time ago that when I need information about something, I track down the best sources I can find. In this case, my sources include the Illinois Environmental Protection Agency, the United States Environmental Protection Agency, and the Lake County Health Department.
When I first talked to Wayne Motley after he called me a liar at the December 15th meeting, he told me that the Park District had done the environmental test at Orchard Hills to satisfy my concerns. Well, that would have been a fine idea, if they had done appropriate testing based on what they were likely to find out there - mercury, arsenic, and lead at the tees, greens and sand traps. After I read the Park Districtâs report, I was appalled that they only did 12 samples - 1 at 3 of the 18 tees, 1 at 3 of the 18 greens, 3 at the chemical storage building, and 3 test samples. I did not think that was enough samples, as approximately 400 samples were done at the Timber Trails site, so I sent the report to Stan Black of the IEPAâs Office of Community Relations (who dealt extensively with the Timber Trails remediation), asking him to review it and give me his opinion. Following is what he wrote back to me:
âIt took some time for me to respond to your message because I had to check with colleagues on both technical and policy questions to make sure my response would be accurate and complete.
âThe rules governing the Illinois Site Remediation Program do not allow Todd Hall or any other SRP Project Manager to formally review the report from the Park District that you supplied to us. As you noted in your January letter to the Park District, the SRP is a voluntary program. Illinois EPAâs involvement with the Timber Trails project was not possible until the project was formally brought into the SRP and the fees paid. There are some circumstances when the environment and public health are so clearly threatened that the Illinois EPA can use its very constrained emergency powers to protect the environment and the public. I should say that this rarely happens, and even more rarely when it would mean Agency intervention in the actions of another unit of government. In the present case, the Agency would need to have evidence of imminent environmental or public health threats in order to act. At this stage such evidence is lacking.
"That being said, I will tell you that I have looked over the report you sent (I am not constrained by the limits of the SRP staff), and your concern - the number of samples - is not the key flaw. Though the levels of metals and pesticides reported are not alarming from a health standpoint, there is a problem with the study. I checked with the agency toxicologist who handled the Timber Trails project to make sure my first reaction was correct. She indicated that no more than three to six inches is the appropriate depth for samples of soils where protection of people from contact (ingestion & inhalation) with surface soils is the issue. To composite soil samples from a three-foot interval below ground surface will âdiluteâ any contamination that might be found in the surface soils that would be contacted during sports activities. As our toxicologist pointed out, many of the metals and pesticides that might have been applied at the golf course have a strong tendency to cling to soil particles, and could be expected to remain close to the surface. Therefore, the sampling technique used in the study you supplied probably would have understated the levels of the chemicals analyzed. It is my opinion (though not a formal finding of this agency - I am neither qualified nor authorized to make such findings) that if the study were to be submitted for Agency approval, a Project Manager would require re-sampling (which would be relatively cheap and easy) of similar locations at the shallower depths appropriate for evaluating surface soils. The analytical costs would be the primary expenses in such a study, since no extensive sampling equipment is required. Since the chemical concentrations found were low, there is no certainty that re-sampling would indicate a serious chemical hazard in the surface soils, but we would not know for sure without further sampling.
âI wish the Agency could do more for you in response to your request. However, if the Park District would choose to enter the SRP, they could get the full attention of our staff.â
In my comments to the City Council on December 15th, I noted that levels of arsenic 30 times the IEPAâs acceptable levels were found at the Timber Trail site. According to a technical person from the Health Department who prefers to remain unnamed, if youâre looking for arsenic, you test for it in the top 3 to 6 inches of soil, not at the 3-foot depths used for the Park District report. To me that indicates that the Park District needs to go back and do sampling at the shallower depths, as well as more of them. That was all I asking for at the December 15th City Council meeting - that the City push the Park District to do appropriate testing. I certainly never expected the response that I got from Wayne Motley.
If the park district does do additional testing, and if there are issues at the golf course that would require extensive and expensive remediation, the Park District could leave it as it is, don't move any dirt and the golf course could continue to be used as a golf course without requiring remediation, according to the IEPA. Perhaps at that point the Park District Board would consider other sites (such as Yeoman Creek, and, maybe with a little negotiating, the Johns Manville site) which could be used for construction of that complex.
On another note, I have an update on the Timber Trails site, which was purchased by a developer for construction of homes and required remediation due to pesticide and herbicide applications made to it over its 77-year life. The remediation began in 2005 under the guidance of the IEPA and, to date, over $5 million in remediation costs have been incurred and the developer still has not received its âno further remediationâ letter from the IEPA. In an interesting turn of events, the developer, Western Springs One, LLC, filed a lawsuit on January 27, 2009, as Cook County Case No. 09 L 964, against Marlin Environmental for concluding in its Phase I environmental report that its assessment revealed no evidence of recognized environmental conditions in connection with the site, with the exception of a leaking underground storage tank. That âcleanâ report prompted the developer to purchase the site for $45,675,000. The lawsuit goes on to state that additional soil sampling contracted by the developer after purchase revealed the presence of hazardous substances, including, but not limited to, arsenic, lead and mercury, at concentrations exceeding the IEPAâs standards deemed safe for human exposure. The developer is asking that the court award compensatory damages of at least $5 million, declare Marlin Environmental liable for any further remediation costs at the site, and award punitive damages and costs.
As I have maintained from the beginning, if you do not do appropriate testing, you will not get accurate results.
And once again Motley personally attacks not only me, but my son and my son's friend, by stating that we three make "it clear that they intend to demean me for my outburst by posting it on the internet in violation of the City of Waukegan Copy Right Disclaimer" (he has since removed this portion of his comments, but he made them nonetheless). I posted the clip on You Tube entitled "Waukegan City Council Ryckman/Motley" that showed both my comments and Motley's comments. with technical help from my son and his friend. I fail to see how letting people see how Motley treated me at the city council meeting results in me demeaning him - he demeaned himself. And an FYI, even if the City Council meeting DVD was protected by Illinois copyright law (which it isn't), I contacted Mayor Richard Hyde prior to copying and showing it, and he said that since I had purchased the DVD, I could use it any way i wanted to.
Motley has managed to slander me once again, only this time he has included my son and his friend in his defamatory accusations. I hope he's proud of himself.
Linda Ryckman
I think it is time that Motley and the Waukegan Park District Board stop trying to pretend that they completed their due diligence on the soccer/baseball complex in the two weeks that it took them to decide that they were walking away from the Johns Manville site on the lakefront to construct it at Orchard Hills. I work for an attorney who does real estate deals for people who develop shopping centers, and according to him, a due diligence investigation on a project of this scope takes at least a year to complete (usually more). Just because the Park District Board decided to move the project to Orchard Hills doesn't mean that they had done their due diligence on it. A due diligence investigation means checking with governmental authorities to determine what those agencies will or will not allow you to do at the site. Now remember, the Park District said that they had conducted their due diligence at Orchard Hills and was ready to move forward on this project over a year ago Letâs look at whatâs happened so farâ¦..
The Park District Board planned to build a bridge over the creek that runs through that property, but they found out the U.S. Army Corps of Engineers wasnât going to approve that. Then they planned on having a traffic light at the entrance, but the Illinois Department of Transportation wasnât going for that, necessitating a main entrance off Beach Road. Then I tell them that there is a high likelihood that there are environmental issues at Orchard Hills (based on what was found at the Timber Trails Country Club golf course in Western Springs, as well as other golf courses being re-developed across the country). I ask that they do proper testing at the site and, if needed, clean it up prior to moving any dirt out there, but I am not a government agency and I can't force them to take any action, so they pretend these issues donât exist and Motley calls me a liar for voicing them.
I am not an environmental expert. I am, however, a former reporter with a degree in Journalism, and I learned a long time ago that when I need information about something, I track down the best sources I can find. In this case, my sources include the Illinois Environmental Protection Agency, the United States Environmental Protection Agency, and the Lake County Health Department.
When I first talked to Wayne Motley after he called me a liar at the December 15th meeting, he told me that the Park District had done the environmental test at Orchard Hills to satisfy my concerns. Well, that would have been a fine idea, if they had done appropriate testing based on what they were likely to find out there - mercury, arsenic, and lead at the tees, greens and sand traps. After I read the Park Districtâs report, I was appalled that they only did 12 samples - 1 at 3 of the 18 tees, 1 at 3 of the 18 greens, 3 at the chemical storage building, and 3 test samples. I did not think that was enough samples, as approximately 400 samples were done at the Timber Trails site, so I sent the report to Stan Black of the IEPAâs Office of Community Relations (who dealt extensively with the Timber Trails remediation), asking him to review it and give me his opinion. Following is what he wrote back to me:
âIt took some time for me to respond to your message because I had to check with colleagues on both technical and policy questions to make sure my response would be accurate and complete.
âThe rules governing the Illinois Site Remediation Program do not allow Todd Hall or any other SRP Project Manager to formally review the report from the Park District that you supplied to us. As you noted in your January letter to the Park District, the SRP is a voluntary program. Illinois EPAâs involvement with the Timber Trails project was not possible until the project was formally brought into the SRP and the fees paid. There are some circumstances when the environment and public health are so clearly threatened that the Illinois EPA can use its very constrained emergency powers to protect the environment and the public. I should say that this rarely happens, and even more rarely when it would mean Agency intervention in the actions of another unit of government. In the present case, the Agency would need to have evidence of imminent environmental or public health threats in order to act. At this stage such evidence is lacking.
"That being said, I will tell you that I have looked over the report you sent (I am not constrained by the limits of the SRP staff), and your concern - the number of samples - is not the key flaw. Though the levels of metals and pesticides reported are not alarming from a health standpoint, there is a problem with the study. I checked with the agency toxicologist who handled the Timber Trails project to make sure my first reaction was correct. She indicated that no more than three to six inches is the appropriate depth for samples of soils where protection of people from contact (ingestion & inhalation) with surface soils is the issue. To composite soil samples from a three-foot interval below ground surface will âdiluteâ any contamination that might be found in the surface soils that would be contacted during sports activities. As our toxicologist pointed out, many of the metals and pesticides that might have been applied at the golf course have a strong tendency to cling to soil particles, and could be expected to remain close to the surface. Therefore, the sampling technique used in the study you supplied probably would have understated the levels of the chemicals analyzed. It is my opinion (though not a formal finding of this agency - I am neither qualified nor authorized to make such findings) that if the study were to be submitted for Agency approval, a Project Manager would require re-sampling (which would be relatively cheap and easy) of similar locations at the shallower depths appropriate for evaluating surface soils. The analytical costs would be the primary expenses in such a study, since no extensive sampling equipment is required. Since the chemical concentrations found were low, there is no certainty that re-sampling would indicate a serious chemical hazard in the surface soils, but we would not know for sure without further sampling.
âI wish the Agency could do more for you in response to your request. However, if the Park District would choose to enter the SRP, they could get the full attention of our staff.â
In my comments to the City Council on December 15th, I noted that levels of arsenic 30 times the IEPAâs acceptable levels were found at the Timber Trail site. According to a technical person from the Health Department who prefers to remain unnamed, if youâre looking for arsenic, you test for it in the top 3 to 6 inches of soil, not at the 3-foot depths used for the Park District report. To me that indicates that the Park District needs to go back and do sampling at the shallower depths, as well as more of them. That was all I asking for at the December 15th City Council meeting - that the City push the Park District to do appropriate testing. I certainly never expected the response that I got from Wayne Motley.
If the park district does do additional testing, and if there are issues at the golf course that would require extensive and expensive remediation, the Park District could leave it as it is, don't move any dirt and the golf course could continue to be used as a golf course without requiring remediation, according to the IEPA. Perhaps at that point the Park District Board would consider other sites (such as Yeoman Creek, and, maybe with a little negotiating, the Johns Manville site) which could be used for construction of that complex.
On another note, I have an update on the Timber Trails site, which was purchased by a developer for construction of homes and required remediation due to pesticide and herbicide applications made to it over its 77-year life. The remediation began in 2005 under the guidance of the IEPA and, to date, over $5 million in remediation costs have been incurred and the developer still has not received its âno further remediationâ letter from the IEPA. In an interesting turn of events, the developer, Western Springs One, LLC, filed a lawsuit on January 27, 2009, as Cook County Case No. 09 L 964, against Marlin Environmental for concluding in its Phase I environmental report that its assessment revealed no evidence of recognized environmental conditions in connection with the site, with the exception of a leaking underground storage tank. That âcleanâ report prompted the developer to purchase the site for $45,675,000. The lawsuit goes on to state that additional soil sampling contracted by the developer after purchase revealed the presence of hazardous substances, including, but not limited to, arsenic, lead and mercury, at concentrations exceeding the IEPAâs standards deemed safe for human exposure. The developer is asking that the court award compensatory damages of at least $5 million, declare Marlin Environmental liable for any further remediation costs at the site, and award punitive damages and costs.
As I have maintained from the beginning, if you do not do appropriate testing, you will not get accurate results.
And once again Motley personally attacks not only me, but my son and my son's friend, by stating that we three make "it clear that they intend to demean me for my outburst by posting it on the internet in violation of the City of Waukegan Copy Right Disclaimer" (he has since removed this portion of his comments, but he made them nonetheless). I posted the clip on You Tube entitled "Waukegan City Council Ryckman/Motley" that showed both my comments and Motley's comments. with technical help from my son and his friend. I fail to see how letting people see how Motley treated me at the city council meeting results in me demeaning him - he demeaned himself. And an FYI, even if the City Council meeting DVD was protected by Illinois copyright law (which it isn't), I contacted Mayor Richard Hyde prior to copying and showing it, and he said that since I had purchased the DVD, I could use it any way i wanted to.
Motley has managed to slander me once again, only this time he has included my son and his friend in his defamatory accusations. I hope he's proud of himself.
Linda Ryckman