CITY OF
SULLIVAN,
V.
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
RECEfl/ED
CLERK’S OFFICE
)
PCBNo.05-7~
)
(LUST Appeal
—
Ninety Day Extension)
)
)
)
)
Daniel A. King, 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,
Respondent
John~-
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: October 19, 2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
Petitioner,
OCT 212004
STATE OF ILLINOIS
PoIIut~on
Control Board
Respondent.
NOTICE
RECEIVED
CLERK’S
OFFICE
BEFORE
THE POLLUTION
CONTROL BOARD
OCT 21
2004
OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
Pollution
Control Board
CITY OF SULLIVAN,
)
Petitioner,
)
v.
)
PCB No.
05-
‘7
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal
-
Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent.
)
REQUEST
FOR NINETY DAY EXTENSION
OFAPPEAL 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
5140(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 forpetitioning for a
hearing to
January
18,
2005,
or any other date not more than a total of one hundred twenty-five
(125) days from
the date ofservice of the Illinois
EPA’s
final decision.
In support thereof, the
Illinois EPA respectfully states as follows:
1.
On September
13,
2004, the Illinois EPA issued a final decision to
the Petitioner.
(Exhibit A)
2.
On September 21,
2004, the Petitioner made a written request to the Illinois EPA
for an
extension of time by which to
file a petition for review, as~ngthe 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 September 14, 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 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
~
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: October 19,- 2004
This
filing submitted on recycled paper.
2
217/782-6762
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
CERTIFIED MAIL
7002
3150
0000
1113
6912
City ofSullivan
Mr. Rick Bennett
2 West Harrison
Sullivan, IL
61951
Re:
LPC #1390305024
--
Moultrie
County
Sullivan! City of Sullivan-Wyman Park
North Park Street
LUST Incident No. 20020216
LUST Technical File
Dear Mr. Bennett:
14.REC’U
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan Budget (budget) submitted
for the above-referenced incident.
This
budget, dated July 20, 2004, was received by the Illinois EPA on July 21, 2004.
Citations in
this
letter are from
the Environmental Protection Act (Act) and
35 Illinois Administrative Code
(35
Ill. Adm. Code).
The budget is approved for the amounts listed in
Section
1 ofAttachment A.
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)
oftheAct, as well as 35
Ill. Adm. Code
732.604,
732.606(s), and 732.611.
-
All
future correspondence must be submi~ttedto:
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 shown at the beginning
ofthis letter.
ROCKFORD
—
4302 North Main Street,
Rockford,
IL 61103
—(815) 9
ELGIN
—595 South State, Elgin,
IL 60123— (847)
608-
BUREAU OF
LAND
-
PEORIA
—7620 N. University St.,
Peoria,
IL 61614
—(3
SPRINGFIELD
—
4500 S. Sixth
Street Rd., Springfield,
IL 62706
—
(21
~
MARION
—2309 W.
Main
~
~1~
Harrison
St.,
Des Plaines, IL 60016
—
(847) 294-4000
sity
St..
Peoria, ft 61614 —(309) 693-5463
5 South First Street, Champaign,
IL 61820— (217) 278-5800
9
MalI Street, Collinsville,
IL 62234 —(618)
346-5120
18) 993-7200
EXHIBIT
Page
2
Ifyou have any questions orneed further assistance, please contact Dave Myers at 217/785-7491.
Thomas A.
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
-
Bureau ofLand
TAH:DM:drm\HPam4BUDapp.doC
Attachment:
Attachment A
C:
United Science Industries, Inc.
Division File
Sincerely,
Attachment A
Re:
LPC #1390305024
--
Moultrie County
Sullivan
City ofSullivan-Wyman Park
North Park Street
LUST Incident No. 20020216
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act)
and 35 Illinois
Administrative Code
(35
Iii. Adm.
Code).
SECTION
1
The budget was previously approved for:
$10,986.55
Investigation Costs
$14,640.00
Analysis Costs
$79,623.00
Personnel Costs
$28,252.00
Equipment Costs
$66,263.75
Field Purchases and Other Costs
-
$720.87
Handling Charges
The following amounts are approved as a part of a settlement agreement dated June 3, 2004 with
the Illinois Environmental
Protection Agency:
$195.00
Investigation Costs
$0.00
Analysis Costs
$3547.00
Personnel Costs
$1530.00
-
Equipment Costs
-
-
$7006.40
Field Purchases and Other Costs
$0.00
Handling Charges
The following amounts in this budget an~endment
are not allowed.
In accordance with Section
57.7(c)(4) of the Act, any action by the Illinois EPA to
disapprove or modify a plan or budget
submitted pursuant to
Title XVI ofthe Act shall be provided to the owner or operator in writing
within 120 days ofreceipt.
The Illinois EPA previouslynotified the owner oroperator ofits final action.
These amended
-amounts were not a part ofthe June 3, 2004 settlement agreement.
Further,
in accordance with
Section
57.7(c)(4)
ofthe Act, any action by the Illinois
EPA-to disapprove or modify a plan or
budget, or the rejection of any plan or budget by operation oflaw, shall be subject to appeal to
the Illinois Pollution Control Board within 35
days after the Illinois EPA’s final action.
$6808.00
Investigation Costs
$218.00
Analysis Costs
$1320.00
Personnel Costs
$165.00
Equipment Costs
$3 150.00
Field Purchases and Other Costs
$2224.64
Handling Charges
Therefore, the total cumulative budget is approved for:
$11,181.55
Investigation Costs
$14,640.00
Analysis Costs
$83,170.00
Personnel Costs
$29,782.00
Equipment Costs
$73,270.15
Field Purchases and Other Costs
$720.87
Handling Charges
DM:drm\RPam4BUDappA.doc
•RECEIVED
Division of Legal Counsel
SEP232004
Environmental Protection
Agency
P.O.
Box 360
-
Phone: (618) 735-2411
6295
East Illinois
Highway 15
Fax:
(618) 735-2907
Woodlawn, Illinois 62898-0360
E-Mail:
unitedscience@unitedscience.com
September 21, 2004
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield,
IL 62794-9276
Re:
LPC# 1390305024—Moultrie County
Sullivan / City of Sullivan
—
Wyman Park
North Park Street
LUST Incident No.
20020216
LUST Technical File
-
USI Project #1800038
United
Science
Industries,
Inc.
(USI),
on
behalf of our client,
-
the
City
of Sullivan,
is
requesting
a
90-day
extension
of
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 extension 131.
-
Sincerely yours,
UNITED
C1~4CEINDUSTRiES, INC.
Daniel A.
King
Project Manager
Enclosures
To Whom It May Concern:
UNITED SCIENCE
INDUSTRIES
DAK;jlr
CERTIFICATE
OF SERVICE
I, the undersigned attorney at law, hereby certify that on
October
19,
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
Daniel A. King, 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 ofLegal Counsel
1021
North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
