RECEIVED
BEFORE THE POLLUTION CONTROL BOARD
CLERK'S OFFICE
OF THE STATE OF ILLINOIS
DEC 2 8 2005
MAHR'S SALES & SERVICE,
)
STATE OF ILLINOIS
Pollution Control Board
Petitioner,
)
v .
)
PCB No . 06-
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal - Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent
.
)
NOTICE
Dorothy M. Gunn, Clerk
Rachel Morgan, Project Manager
Illinois Pollution Control Board
United Science Industries
James R. Thompson Center
P.O. Box 360
100 West Randolph Street
6295 East Illinois Highway 15
Suite 11-500
Woodlawn, IL 62898-0360
Chicago, IL 60601
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution
Control Board a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD, copies of which
are herewith served upon you
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Res
t
Jo
Assistant Cou el
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: December 23, 2005
MAHR'S SALES & SERVICE,
Petitioner,
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
.
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
PCB No . 06-
I
RECEIVED
CLERKS
DEC 2 8 2005
STATE OF ILLINOIS
Pollution Control Board
(LUST Appeal - Ninety Day Extension)
REQUEST FOR NINETY DAY EXTENSION
OF APPEAL PERIOD
NOW COMES the Respondent, the Illinois Environmental Protection Agency ("Illinois
EPA"), by one of its attorneys, John J . Kim, Assistant Counsel and Special Assistant Attorney
General, and, pursuant to Section 40(a)(1) of the Illinois Environmental Protection Act (415
ILCS 5/40(a)(1)) and 35 I11. Adm. Code 105.208, hereby requests that the Illinois Pollution
Control Board ("Board") grant an extension of the thirty-five (35) day period for petitioning for a
hearing to March 27, 2006, or any other date not more than a total of one hundred twenty-five
(125) days from the date of service of the Illinois EPA's final decision . The 125th day is March
26, 2006, a Sunday, and the next business day is March 27, 2006 . In support thereof, the Illinois
EPA respectfully states as follows :
1
.
On November 18, 2005, the Illinois EPA issued a final decision to the Petitioner
.
(Exhibit A)
2 .
On December 7, 2005, the Petitioner made a written request to the Illinois EPA
for an extension of time by which to file a petition for review, asking the Illinois EPA join in
requesting that the Board extend the thirty-five day period for filing a petition to ninety days
.
The Petitioner's request included information that represented that the final decision was
received on November 21, 2005 . (Exhibit B)
3 .
The additional time requested by the parties may eliminate the need for a hearing
in this matter or, in the alternative, allow the parties to identify issues and limit the scope of any
hearing that may be necessary to resolve this matter
.
WHEREFORE, for the reasons stated above, the parties request that the Board, in the
interest of administrative and judicial economy, grant this request for a ninety-day extension of
the thirty-five day period for petitioning for a hearing
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Jo
im
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: December 23, 2005
This filing submitted on recycled paper
.
2
IIOY i 8 20
Mahr's Service & Sales
Attention: Mr. Bruce Mahr
8810 East IL Hwy 9
Ellisville, Illinois 61431
Re :
LPC # 0570405002 - Fulton County
Ellisville / Mahr's Sales & Service
8810 East 119 Hwy
LUST Incident No. 20001742
LUST Technical File
Dear Mr. Mahr :
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan (plan) submitted for the above-referenced incident . This plan, dated July
20. 2005, was received by the Illinois EPA on July 22, 2005 . Citations in this letter are from the
Environmental Protection Act (Act) and 35 Illinois Administrative Code (35 III . Adm. Code) .
Pursuant to Section 57 .7(c)(4) of the Act and 35 Ill. Adm. Code 732.405(c), the plan is modified
.
The following modifications are necessary, in addition to those provisions already outlined in the
plan, to demonstrate compliance with Title XVI of the Act and 35 Ill . Adm. Code 732
:
The following two areas should be excavated to a depth of ten feet below ground surface :
a .
The area identified as Area 2 ; and
c
.
The eastern half of the right-of-way area to the south of the property line and
between Areas I and 2 .
The remainder of the proposed excavation should be excavated to the proposed depth of
fifteen feet below ground surface .
2
.
Since the base of excavation will be below the groundwater table throughout the
excavation, no more than five confirmatory soil samples should be collected from the
base of the excavation .
ROCKFORD-4302 North Main Street, Rockford, IL 61103- (815) 987-7760
DES
PLAINES- 9511 W. Harrison St., Des Plains, IL 60016- (847) 294-4000
ELGIN-595 South State, Elgin, IL 60123-(847) 608-3131
•
PEORIA-5415 N. University St., Peoria, IL 61614-(309) 693-5463
BUREAU OF
LAND
-
PEORIA - 7620 N. University St., Peoria, IL 61614 - (309) 693-5462
•
CHAMPAIGN - 2125 South First Street, Champaign, IL 61820- (217) 278-5800
SPRINGFIELD-4500 S. Sixth Street Rd., Springfield, IL 62706- (21
Mall Street, Collinsville, IL 62234-1618) 346-5120
MARION- 2309 W. Main
) 993-7200
I
I
RM
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST,
P.O. Box
19276, SPRINGFIELD, ILLINOIS 62794-9276 - ( 217) 782-3397
JAMES R . THOMPSON CENTER,
100
WEST RANDOLPH, SUITE 11-300, CHICAGO,
IL
60601 - (312) 814-6026
ROD R . BLAGOJEVICH, GOVERNOR
DOUGLAS P. SCOTT, DIRECTOR
217/782-6762
CERTIFIED MAIL
7004 2510 0001 8648 4480
Page 2
Please note that all activities associated with the remediation
of
this release proposed in the plan
must be executed in accordance with all applicable regulatory and statutory requirements,
including compliance with the proper permits
.
In addition, the budget for the High Priority Corrective Action Plan is modified pursuant to
Section 57.7(c)(4)
of
the Act and 35 III . Adm. Code 732.405(c). Based on the modifications
listed in Section 2
of
Attachment A, the amounts listed in Section 1
of
Attachment A are
approved . Please note that the costs must be incurred in accordance with the approved plan. Be
aware that the amount
of
reimbursement may be limited by Sections 57 .8(e), 57.8(g) and 57 .8(d)
of the Act, as well as 35 111 . Adm. Code 732 .604, 732.606(s), and 732 .611
.
Please note that, if the owner or operator agrees with the Illinois EPA's modifications, submittal
of an amended plan and/or budget,
if
applicable, is not required (Section 57 .7(c)(4)
of
the Act
and 35 111. Adm. Code 732.503(f)). Additionally, pursuant to Section 57 .8(a)(5)
of
the Act and
35 111. Adm. Code 732.405(e),
if
reimbursement will be sought for any additional costs that may
be incurred as a result
of
the Illinois EPA's modifications, an amended budget must be submitted
.
NOTE: Amended plans and/or budgets must be submitted and approved prior to the issuance
of
a No Further Remediation (NFR) Letter . Costs associated with a plan or budget that have not
been approved prior to the issuance of an NFR Letter will not be reimbursable
.
All future correspondence must be submitted 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 62794-9276
Please submit all correspondence in duplicate and include the Re : block shown at
Alit;
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 further assistance, please contact Michael A . Heaton at
217/524-3312
.
Sincerely,
Michael T. Lowder
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
MTL:mh\001742f7.doc
Attachment
:
Attachment A
Appeal Rights
cc
:
Ms. Rachel Morgan - United Science Industries (Woodlawn, Illinois)
Division File
Re :
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code (35 III . Adm. Code) .
SECTION1
The budget was previously approved for
:
$3,620.60
$8,740.00
$16,790.00
$595.00
$653.60
$30.60
As a result of the Illinois EPA's modification(s) in Section 2 of this Attachment A, the following
amounts are approved
:
$2,353 .20
$16,504 .00
540,320.00
$3,500.00
$244,248.55
$44 .40
Therefore, the total cumulative budget is approved for:
$5,973 .80 '
$25,244 .00 '
$57,110.00'
$4,095.00/
$244,902 .15
$75.00
Attachment A
LPC # 0570405002 - Fulton County
EIIisville / Mahr's Sales & Service
8810 East 119 Hwy
LUST Incident No . 20001742
LUST Technical File
Investigation Costs
Analysis Costs
Personnel Costs
Equipment Costs
Field Purchases and Other Costs
Handling Charges
Investigation Costs
Analysis Costs
Personnel Costs
Equipment Costs
Field Purchases and Other Costs
Handling Charges
Investigation Costs
Analysis Costs
Personnel Costs
Equipment Costs
Field Purchases and Other Costs
Handling Charges
SECTION2
$3.510.00 for an adjustment in Analytical Costs. The Illinois EPA has determined that
these costs are not reasonable as submitted (Section 57.7(c)(4)(C) of the Act and 35 111
.
Adm. Code 732 .606(hh)). One of the overall goals of the financial review is to assure
Attachment A
Page 2
that costs associated with materials, activities, and services are reasonable (35 III . Adm
.
Code 732 .505(c)). Please note that additional information and/or supporting
documentation may be provided to demonstrate the costs are reasonable
.
This reduction is due to a reduction of the number of confirmation soil samples necessary
following excavation. Twenty confrrmatory soil samples remain, if more are necessary
then these should be included in a future budget
.
2
.
$34,610.00 for an adjustment in Field Purchases and Other 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 Ill. Adm. Code 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
111. Adm. Code 732 .505(c)). Please note that additional information and/or supporting
documentation may be provided to demonstrate the costs are reasonable
.
Per Diem and Motel Stay for the ten men x 16 nights is a cost that should be a part of the
excavation, transportation, and disposal costs
.
In addition, the volume of soil to be excavated, transported, and disposed of has been
reduced by 450 yards to reflect the portion of the excavation for which excavation should
not extend below ten feet
.
3
.
$602.60 for an adjustment in handling charges. Handling charges are eligible for
payment only if they are equal to or less than the amount determined by the following
table (Section 57 .8(g) of the Act and 35 III. Adm. Code 732 .607) :
Subcontract or Field
Purchase Cost
:
$0
1-S5.000
$5,001 -$15,000
$15,001 -$50,000
$50,001 -$100,000
$100,001
- $1,000,000
Eligible Handling Charges as a
Percentage of Cost
:
12%
$600 plus 10% of amount over $5,000
$1,600 plus 8% of amount over $15,000
$4,400 plus 5% of amount over $50,000
$6,900 plus 2% of amount over $100,000
As previously indicated, motel stays are not eligible for handling charges . Thus the field
purchases on page J-2 have been reduced by $60.00, $4,800.00, and $240.00 (three motel
stay line items) .
MTL:mh\001 742a7 .doc
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)(D) of the Act by filing a petition
for a hearing within 35 days after the date of issuance of the final decision . However, the 35-day
period may be extended for a period of time not to exceed 90 days by written notice from the
owner or operator and the Illinois EPA within the initial 35-day appeal period . If the owner or
operator wishes to receive a 90-day extension, a written request that includes a statement of the
date the final decision was received, along with a copy of this decision, must be sent to the
Illinois EPA as soon as possible .
For information regarding the filing of an appeal, please contact
:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
312/814-3620
For information regarding the filing of an extension, please contact
:
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
217/782-5544
UNITED SCIENCE INDUSTRIES
December 7, 2005
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, IL 62792-9276
Attn: John Kim
Re :
LPC# 0570405002 - Fulton Co.
Ellisville/Mahr's Sales & Service
8810 East IL HWY 9
LUST Incident No20001742
Mr. Kim
:
United Science Industries, Inc. (USI), on behalf of our client Mahr's Sales & Service, is
requesting a 90-day extension to the 35-day appeal period in regard to the IEPA
correspondence included. USI received this correspondence from the IEPA on November
21. 2005, that was dated November 18, 2005, in regards to a final decision for the
incident referenced above . A copy of the decision letter is attached
.
I appreciate your time and consideration in this matter
.
If you have any questions or
comments regarding this matter please contact me at (618) 735-2411 ext. 172 .
Sincerely yours,
UNITED SCIENCE INDUSTRIES, INC .
/11
Rachel Morgan
Project Manager
Enclosures
www.unitedscience corn
RECEIVED
Division of Legal Counsel
DEC 0 8 2005
Environmental Protection
Agency
United Science Industries, Inc
PO. Box 36(
6295 East IL Highway I'
Woodlawn, IL 6289
:
toll free 800 .372.874(
phone 618 .735.241
fax 618.735.290,
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on December 23, 2005, I served
true and correct copies of a REQUEST FOR NINETY DAY EXTENSION OF APPEAL
PERIOD, by placing true and correct copies in properly sealed and addressed envelopes and by
depositing said sealed envelopes in a U .S. mail drop box located within Springfield, Illinois, with
sufficient First Class Mail postage affixed thereto, upon the following named persons
:
Dorothy M. Gunn, Clerk
Rachel Morgan, Project Manager
Illinois Pollution Control Board
United Science Industries
James R. Thompson Center
P.O. Box 360
100 West Randolph Street
6295 East Illinois Highway 15
Suite 11-500
Woodlawn, IL 62898-0360
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respo
John J. Kim
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
