V.

APS

PROPERTIES,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago,

IL 60601

Petitioner,

Respondent.

CLERK’S OFFICE

NOV

1

6

200k

STATE OF ILUNOIS

PoUUtiOfl CofltrO~board

)

PCBNo.05-

(LUST Appeal

—

Ninety Day Extension)

)

)

)

NOTICE

Beth Giacomo, Project Manager

United Science Industries

P.O. Box 360

6295

East Illinois Highway

15

Woodlawn, IL

62898-0360

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,

~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)

Dated: November 12, 2004

BEFORE

THE POLLUTION CONTROL BOARD

OF THE

STATE OF ILLINOIS

---

RECE~~!~

CLERK’S OFFICE

NOV

16

2004

BEFORE THE POLLUTION CONTROL BOARD

STATE OF

ILUNDIS

OF THE

STATE OF ILLINOIS

pollution

Controt Board

APS

PROPERTIES,

)

Petitioner,

)

v.

)

PCBNo.05-

I

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

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

Ill.

Adm.

Code

105.208,

hereby requests

that

the

Illinois

Pollution

Control Board (“Board”) grant an extension ofthe thirty-five

(35)

day period for petitioning for a

hearing to February 9,

2005,

or any other date not more than a total of one

hundred twenty-five

(125) days from the date of service ofthe Illinois

EPA’S

final decision.

In support thereof, the

Illinois EPA respectfully states as follows:

1.

On

October

6,

2004,

the

Illinois

EPA issued

a final decision to

the

Petitioner.

(Exhibit A)

2.

On November 2,

2004,

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 October 7, 2004.

(Exhibit B)

1

---

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 ofany

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

-

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021

North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: November 12, 2Q04

This filing submitted on recycled paper.

2

---

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

RENEE

CIPRIANO,

DIRECTOR

217/782-6762

OCT 06

2flO~

APS Properties

Attention:

Bill Parr

751

Hope Drive

Forsyth, IL

62535

Re:

LPC

1150155451

--

Macon County

Decatur/APS Properties

3055

North Brett Avenue

LUST Incident No. 992093

LUST Technical File

Dear Mr.

CERTIFIED MAIL

7002

3150

0000

1250

8169

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority

Corrective Action Completion Report (report) for the above-referenced incident.

The report was

dated June 2004 and was received by the Illinois EPA on June

15,

2004.

Citations in this letter

are from the Environmental Protection Act (Act) and

35

Illinois Administrative Code

(35

fli.

Adm. Code).

Pursuant to

57.7(c)(4)(D)

of the Act

and

35

III.

Adm.

Code 732.409(c)

and

732.503(b),

the report

is rejected for the reasons listed in Attachment A.

Pursuant to 35 Ill. Adm. Code 732.401, information in Attachment A must be submitted within

120 days from receipt ofthis letter to:

Illinois Environmental

Protection Agency

Bureau ofLand

-

#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 at the beginning ~f this

letter.

ROCKFORO

—4302 North Main

Street,

Rockford, II 61103

—(813

-

ELGIN

—

595 South State, Elgin,

IL 60123

—

(847) 60

BUREAU

OF LAND

-

PEORIA

—7620

N.

University St., Peoria, 1161614—

SPRINGFIELD

—4500 S. Sixth

Street Rd.,

Springfield,

IL 62706—

(

~

M~ION

—

2309

W. Md

~

W. Harrison St.,

Des

Plaines,

IL

60016—

(847) 294-4000

rersity

St.,

Peoria, IL 61614—

(309)

693-5463

2125 South First

Street, Champaign,

1161820— (217) 278-5800

t009 Mall

Street, Collinsville, 1162234— (618) 346-3120

-(bItt)

993-1200

EXHIBIT

---

Page 2

The Illinois EPA does not require the submission or approval ofa budget if the owner or operator

will not seek payment of corrective action costs from the Underground Storage Tank Fund.

An underground storage tank system owner or operator may appeal this decision to the Illinois

Pollution Control Board.

Appeal rights are attached.

If you. have any questions or need further assistance, please contactJim ~.ansdel1at

217/557-6938.

Sincerely,

.

-

Thomas A. Henninger

,

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

-‘,

Bureau of’Land

.

TAH:JSR:jk\041 194.doc

Attachment:

Attachment A

Appeal Rights

c:

US!

Division File

---

Attachment A

Re:

LPC

1150155451-- Macon County

Decatur/APS Properties

3055 North Brett Avenue

LUST Incident No. 992093

LUST TECHNICAL FILE

Citations in this attachment are from the Environmental Protection Act (Act)

and 35

Illinois

Administrative Code

(35

Ill. Adm. Code).

1.

The Agency is requiring off-site groundwater and soil sampling for BTEX, Lead Totals,

and TCLP Lead to the North onto the wooded tree-line and onto the property North of the

wooded area parallel to existing monitoring wells MW-2,.3

and 4

so as to

further evaluate

contaminants that may have migrated there.

2.

In addition the full extent ofsoil and groundwater contamination must be defined prior to

any modeling to be effective for any Tier II soil and groundwater ~ya1uationpursuant to

Section 742.700 and 742.800.

TAH:JSR:jk\041 194.doc

-

—1

---

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)

ofthe Act by filing a petition

for a hearing within 35

days after the date of issuance ofthe final decision.

However, the 35-day

period may be extended for a period oftime not to exceed 90 days by written notice from the

owner or operator and the Illinois EPA within the initial 35-day appeal period.

Ifthe owner or

operator wishes to receive a 90-day extension, a written request that includes a statement ofthe

date the final decision was received, along with a copy ofthis decision, must be sent to the

Illinois EPA as soon as possible.

For information regarding the filing ofan appeal, please contact:

Dorothy Gunn, Clerk

Illinois Pollution Control Board..

State ofIllinois

Center

100 West Randolph, Suite 11-500

Chicago, IL

60601

312/814-3620

For information regarding the filing ofan extension, please contact:

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021 North Grand Avenue East

Post Office Box

19276

Springfield, IL

62794-9276

217/782-5544

---

P.O. Box 360

6295

East Illinois

Highway 15

Woodlawn, Illinois 62898-0360

November 2,

2004

Illinois Environmental Protection Agency

Division of Legal Counsel

1021

North Grand Avenue East

Springfield.~IL 62792-9276

Re:

LPC# 1150155451--Macon

Co.

Decatur/APS

Properties

3055

North

Brett Ave.

LUST Incident No. 992093

Dear Mr.

Kim,

Phone: (618) 735.2411

Fax:

(618) 735-2907

E-Mail: unitedscience@unitedscience.com

RECE WED

Division

of

Legal

Counsel

NOV

04

2OO~

Environmental

Protection

Agency

United

Science

Industries,

Inc.

(USI),

on

behalf of our c~ient,APS

Properties,

is

requesting

a

90-day

extension

to

the

35-day

appeal

period

in

regards

to

the

IEPA correspondence

included.

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.

189.

Sincerely yours,

UNITED SCIENCE

INDUSTRIES,

INC.

Beth

Giacomo

Project Manager

UNITED SCIENCE

INDUSTRIES

Enclosures

---

CERTIFICATE OF SERVICE

I,

the undersigned attorney

at

law, hereby certify

that

on

November

12,

2004,

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

Beth Giacomo, 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,

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)