BEFORE THE POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS
REQUEST FOR NINETYDAY EXTENSIONOF APPEAL PERIOD
Germantown/ Southern Farms Country Eggs, Inc.
810 Lake Park Drive
LUST Technical File
CERTIFICATE OF SERVICE

SOUTHERN FARMS COUNTRY EGGS,

INC.,

)

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite

11-500

Chiàago, IL 60601

Respondent.

)

PCBNo.04-

)

(Ninety Day Ektension)

)

NOTICE

Mark

Shelton, Project Manager

United Science Industries

P.O. Box 360

6295

East Illinois Highway

Woodlawn, IL

62898-0360

CLERK’S OFFICE

APR

1192004

STATE OF ILLINOIS

Pollu~jo,~

Control Board

PLEASE

TAKE

NOTICE

that

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

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

Special Assistant Attorney General

Division of Legal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, fllinois 62794-9276

217/782-5544

217/782-9143 (TDD)

.Dated: April

6, 2004

CL~p~,3

APR 09

20o

BEFORE

THE POLLUTION CONTROL BOARD

STAT

OF THE

STATE OF ILLINOIS

POllUtion

~~‘~~Llfvoi5

°‘BO~rd

SOUTHERN FARMS COUNTRY EGGS, INC.,

)

Petitioner,

)

PCBN0.04-j

ILLiNOIS ENVIRONMENTAL

)

(Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

REQUEST FOR NINETYDAY 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

Section

40(a)( 1)

of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/40(a)(1))

and

Iii.

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 July 6, 2004,

or any other date not more than a total ofone hundred twenty-five

(125)

days from the date of service ofthe Illinois EPA’s final decision.

The

125th

day is July 5, 2004,

a state holiday,

and the next business

day is

July 6,

2004.

In support

thereof, the

Illinois EPA

respectfully states as follows:

March

2004,

the

Illinois

EPA

issued

final

decision

the

Petitioner.

(Exhibit A)

On April 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

EPAjoin in requesting

that the Board

extend the thirty-five day period

for filing

petition to

ninety

days.

The final

decision indicates it was received on March 2, 2004.

(Exhibit B)

The additional time requested by the parties may eliminate the need for a hearing

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 administrafive

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 ENVIRONMENTALPROTECTION 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: April 6, 2004

This filing submitted on

recycled paper.

ROD

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DJREC-roR

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02

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NoRm

CItAND

AVENUE

EAST,

P.O.

Box

19276,

SPRIr’j~rI~~~,

ILUNOiS

62794-9276,

2 17782-3397

JAMES

IHOMPSON

CENTER,

100

WEST

RANDOLPH, SUITE

11-300,

CHICAGO,

II 60601, 312-814-6026

CERTIFIED MAIL

MAR 012094

?002

3150

0000

125S

3183

Southern Farm Couniry Eggs, Inc.

Attention:

Chris Dixon

810 Lake Park Drive

Germantown, IL

62245

Re:

LPC #02703

55004

—

Clinton County

•

Germantown/Southern Farms Country Eggs, inc.

810 Lake Park Drive

LUST Incident No.

972467

LUST Technical File

Dear Mr. Dixon:

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

February 6,2004, was received by the Illinois EPA on February 9,2004.

Citations in

this letter

are

from

the Environmental Protection Act (Act) and 35 Illinois Administrative COde (35111.

Adm. Code).

Pursuant to

Section $7.7(c)(4) ofthe Act and

III. 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 TitleXVI ofthe Act and 35 ill. Adni.

Code 732:

The Plan shall be modified to include the acquisition ofone groundwater analytical sample/result

from each ofthe

seven groundwater monitoring wells.

Please note that all activities associated with the rernediation ofthis Eelease proposed in the plan

must be e~ecuted

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)

ofthe Act and 35

III. Adm.

Code

732.405(c).

Based on the modifications

listed in Section 2 ofAttachment A, the amounts listed

in Section

1 ofAttachment A are

approved.

Please note that the

costs must be incurred in

accordance with the approved plan.

aware that the amount ofreimbursement may be limited

by Sections 57.8(e),

57.8(g) and

57.8(d)

ofthe Act, as well as 35 Ill. Ad.ru. Code 732.604, 732.606(s), and 732.611.

Please note that, ifthe owneror 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)

ofthe Act

RocttroRo—4302

North

Main Street.

Pockford,

IL 61103

1815)

ELOtN

—

595 South State,

Elgin.

60123— (847) 608’

GustAv OF LAM)-

PtORrA

7620

University St.,

Peoria,

IL 61614--i:

SPRINQntlO —45005. 5i,Ih

Street

Rd.,

Springfield

62706—

(21

MARIQN

—

2309 W.

Harrison

St.,

Des Plaines,

IL 60016— (847! 294-4000

y SI,, Peoria,

IL 61614—1309) 693-5463

South

First

Street.

Champaign,

IL 61820 —1217) 278-5800

Mall

Streel, Collinsvil(e,

IL 62234 —(618) 346.5120

IS) 993~7200

217/782-6762

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83

Page2

and

 35 Iii. Adrn. Code

732.503(f)).

 Additionally,

pursuant

 to Section

57,8(a)(5)

 of theAct and

Ill.

Adm.

Code

732.405(é),

 ifreimbursement will be sought for

any

 additional costs

that

may

be incurred as a result ofthe 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 Reinediation (NFR) Letter.

Costs associated with a planor budget that have not

been approved prior to the issuance ofan NFR Letter

 will

not be reimbursable.

All future correspondence must be submitted to:

Illinois Environmental Protection Agency

Bureau ofLand-#24

Leaking Underground Storage Tank Section

1021 North Grand Avenue East

Post Office Box

19276

Springfield, it

62794-9276

Please submit all correspondence in duplicate and include the Re: block shown at the beginning

ofthis letter.

Anunderground storage tank system owner or operatormay appeal this decisionto the Illinois

Pollution Control Board.

Appeal rights are attached,

Ifyou have any questions orneed further assistance, please contact Sam Hale, ifi at

217/782-6762.

Sincerely,

bz:

Clifford L. Wheeler

Unit Manager

Lealcing Underground Storage Tank Section

Division ofRemediation Management

Bhreau ofLand

CLW:SH:jk\043095.doc

Attachment:

Attachment A

Appeal Rights

United Science Industries, Inc.

Division File

2177829807

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—.

Attachment A

Re:

LPC

#0270355004

Clinton County

Germantown/Southern Farms Country Eggs, Inc.

810 LakePark Drive

LUST Incident No.

972467

LUST Technical File

Citations in this attachmentare from the Environmental Protection Act (Act) and 35 Illinois

Administrative

Code (35 Ill. Adm. Code).

SECTION

The following amounts have been approved:

$250.00

Investigation Costs

$2,821.00

Analysis

Costs

$4,700.00

Personnel Costs

$160.00

Equipment Costs

$161.80

Field Purchases and Other Costs

$6.00

Handling Charges

The amount approved forthe Amended High Priority Corrective ActionPlan is $8,098.80.

Therefore, the following amounts have been approved:

$3,718.00

Investigation Costs

$6,510.00

Analysis Costs

$1 1,548.00

Personnel Costs

$340.00

Equipment Costs

$161.80

FieldPurchases and Other Costs

$6.00

Handling Charges

Thetotal approved budget for the High Priority Corrective Action Plan is $22,283.80.

SECTION 2

$1,500.00 for an adjustment in Investigation Costs.

The Illinois EPA has determined that

these costs are not reasonable as submitted (Section

57.7(c)(4)(C)

ofthe Act and

35

Ill.

Adni. Code 732.606(hb)).

One ofthe overall goals ofthe financial review is to assure

that costs associated with materials, activities, and services are reasonable (35 Ill. Adrn.

Code

732.505(c)).

Please note that additional inf’orrnation andlor supporting

documentation may be provided to

demonstratethe costs are reasonable.

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05

Page 2

$8,636.00 for an adjustment in Personnel Costs.

The Illinois EPA has determined that

these costs are not reasonable as submitted (Section

577(c)(4)(C)

ofthe Act and 35

III.

Adin.

Code 732.606(hh)).

One ofthe overall goals ofthe financial review is to assure

that costs associated with materials, activities, and services are reasonable (35 III. Adm.

Code

732.505(c)).

Please notethat additional information andlor supporting

documentation maybe provided to demonstrate the costs are reasonable.

3.

 $5.00 for

an adjustment in Equipment Costs.

The Illinois EPA has detennined that these

costs are not reasonable as submitted (Section

57.7(c)(4)(C)

ofthe Act and 35

Ill. Adm.

Code 732.606(bh)).

One ofthe overall goals ofthe financial review is to assure that costs

associated with materials, activities, and services are reasonable

(35

Ill.

Adm.

Code

732.505(c)).

Please note that additional information and/or supporting documentation

maybe providedto demonstrate the costs arereasonable.

$1 041)0 foran adjustment in Analysis Costs.

The Illinois EPA has determined that these

costs are not reasonable as submitted (Section 57.7(c)(4)(C) ofthe Act and 35

Ill. Adm.

Code 732.606Qth)),

One ofthe overall goals ofthe financial reviewis to assure that costs

associated with materials, activities, and services are reasonable

(35

Ill. Adm.

Code

732.505(c)),

Please note that additional information and/or supporting documentation

may be provided to demonstrate the costs are reasonable.

CLW: SH:jk\043095.doc

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Appeal Rights

Anunderground storage

tank

 owner or operatormay appeal

this

 final decision to the Illinois

Pollution Control Board pursuant

 to Sections 40

and 57.7(c)(4)(D)

 oftheActby

filing a

 petition

for a hearing within 35 days after the dateofissuance ofthe final decision. However, the 35-day

periodmaybe extendedforaperiod oftime not to exceed 90

days

by

written notice from the

owner or operator andihe Illinois EPA within the initial

 35-day

appeal period.

Ifthe owneror

operator wishes to receive a

90-clay 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

IllinoisEPA as soonas possible.

For information

regarding the filing

 ofan appeal, please contact:

Dorothy Gurm, Clerk

Illinois Pollution Control Board

State ofIllinois Center

100 West Randolph, Suite 11-500

Chicago, IL

60601

312/814-3620

Fofinformationregarding

the

 filing ofan

extension, please contact:

Illinois Environmental Protection Agency

Division ofLegal

 Counsel

1021 North Grand Avenue East

Post OfficeBox 19276

Springfield,

62794-9276

217/782-5544

TOTAL P.06

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81

JJNITEIT)

SCIENCE

INDUSTRIES

P.O. Box

860

Phone: (618) 735-2411

5295

East

Illinois HIghway 15

Fax: (618)

735-2907

Woodlawn, Illinois 62898.0380

E-Mail: unltadsclance@unftedscience.com

April 2, 2004

Illinois Environmental

Protection Agency

Division of Legal Counsel

1021

North Grand Avenue East

Springfield,

IL 62792-9276

Re:

LPC#

0270355004

—

Clinton Co.

Germantown/ Southern Farms Country Eggs, Inc.

810 Lake Park Drive

LUST Incident No. 972467

LUST Technical File

Mr.

Kim:

With regard to Agency letters dated

March

‘1, 2004,

and attached as exhibit A for

the

above

referenced

project,

United

Science

Industries,

Inc.

behalf of our

client, Southern

Farms Country

Eggs,

is requesting an extension of the

current

petition for

hearing filing deadline of April

2004,

to July 7,

2004, an extension

of 90 days beyond the current 35 day petition filing deadline.

Contact me with questions or comments at (618) 735-2411 ext. 176.

Sincerely yours,

UNITED SCIENCE INDUSTRIES,

INC.

Mav4 ii’. S4sStoM

Mark W. Shelton

Project Manager

Enclosures

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on April 6,

2004, I served true and

correct copies of a

REQUEST

FOR

NINETY

 DAY EXTENSION OF

APPEAL

PERIOD,

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:

DorothyM. Gunn, Clerk

Mark W. Shelton, Project Manager

Illinois Pollution

Control Board

United Science Industries

James R. Thompson Center

 P.O. Box 360

100 WestRandolph Street

6295

East Illinois Highway

Suite 11-500

Woodlawn, IL

62898-0360

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Assistant Counsel

Special Assistant AttorneyGeneral

Division ofLegal Counsel

1021North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)