BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
JAN 0 3 2007
AUBURN REALTY COMPANY, INC.
)
Petitioner,
Pollution
STATE OFControl
ILLINOIS
Board
)
v.
)
PCB 07-
(LUST Appeal - Ninety Day
ILLINOIS ENVIRONMENTAL PROTECTION
)
Extension)
AGENCY,
)
Respondent
.
)
NOTICE
Dorothy Gunn
Robert J. Pulfrey
Clerk
United Science Industries, Inc
.
Illinois Pollution Control Board
P .O. Box 360
100 West Randolph Street, Suite 11-500
Woodlawn, Illinois 62898
Chicago, Illinois 60601-3218
PLEASE TAKE NOTICE that I have today caused to be filed a REQUEST FOR NINETY
DAY EXTENSION OF APPEAL PERIOD with the Illinois Pollution Control Board, copies of
which are served upon you
.
ILLINOIS ENVIRONM
NT L PROTECTION AGENCY
a0
ames G. Richardson
pecial Assistant Attorney General
Dated
: December 29, 2006
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUBURN REALTY COMPANY, INC . )
Petitioner,
)
V.
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
(LUST
PCB NoAppeal
. 07- S
- 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, James G
. Richardson, 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 of the thirty-five (35) day period for petitioning for a hearing to
April 4, 2007, or any other date not more than a total of one hundred twenty-five (125) days from
the date of receipt of the Illinois EPA's final decision
.
In support thereof, the Illinois EPA
respectfully states as follows
:
I .
On November 16, 2006, the Illinois EPA issued a final decision to the Petitioner
.
2.
On December 12, 2006, 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 to join in
requesting that the Board extend the thirty-five day period for filing a petition by ninety days
.
Upon information and belief the Petitioner did receive the final decision on November 30, 2006
.
RECEIVED
CLERK'S
JAN Q < 2r
;
Pol ut on
OControl
board
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
ames G . Richa son
-Special Assistant Attorney General
Dated: December 29, 2006
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
THIS FILING IS SUBMITTED ON RECYCLED PAPER
2
e
/f0 ~ /`//- is-
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORnH GRAND AVENUE EAST, P .O . Box 19276, SPRINGFIELD, ILLINOIS 62794-9276-( 217) 782-3397
JAMES R . THOMPSON CENTER, 100 WEST
RANDOLPH, SUITE 11-300, CHicAco,
IL 60601 -(312) 814-6026
ROD R . BLAGOJEVICH, GOVERNOR
DOUGLAS P . SCOTT, DIRECTOR
217/782-6762
RECEIVED
CERTIFIED MAIL
NOV 1 6 1006
7004
251D 0001 6593 6263
S .
;Y ^ . . (Jiln
Auburn Realty
,
Attention : Annette S
ebeam
Post Office Box 49
Auburn Illinois 62615
Re: LPC #0210455002
-- Christian County
Palmer/Auburn Realty
Hwy. 48 & 5°i St.
Leaking UST Incident No . 20010264
Leaking UST Technical File
Dear Ms . Stufflebeam :
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Corrective Action
Plan (plan) submitted for the above-referenced incident
. This plan, dated August 8, 2006, was
received by the Illinois EPA on August 17, 2006
. Citations in this letter are from the
Environmental Protection Act (Act), as amended by Public Act 92-0554 on June 24, 2002, and
35 Illinois Administrative Code (35 111 . Adm . Code).
Pursuant to Sections 57 .7(b)(2) and 57,7(c) of the Act and 3511I . Adm
. Code 734.505(b) and
734.510(a), the plan is approved
. The activities proposed in the plan are appropriate to
demonstrate compliance with Title XV 1 of the Act
. 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 is modified pursuant to Sections 57 .7(b)(3) and 57 .7(c) of the Act and 35
Ill. Adm. Code 734 .505(b) and 734 .510(b). Based on the modifications listed in Section 2 of
Attachment A, the amounts listed in Section 1 of Attachment A have been approved
. Pleasc note
that the costs must be incurred in accordance with the approved plan
. Be aware that the amount
of payment from the Fund may be limited by Sections 57 .8(d), 57 .8(e), and 57
.8(g) of the Act, as
well as 35111 . Adm. Code 734 .630 and 734.655
.
Pursuant to Sections 57
.7(b)(5) and 57
.12(c) and (d) of the Act and 35 I11 . Adm. Code 734
.100
and 734 .125, the Illinois EPA requires that a Corrective Action Completion Report that achieves
compliance with applicable remediation objectives be submitted within 30 days after completion
of the plan to:
BUREAUROCKFORD-4302
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(847) 294-4000278.5800
PRINTED ON RECYCLED PAPER
Page 2
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 the beginning
of this letter.
Please note that, if within four years after the'approval of this plan, compliance with the
applicable remediation objectives has not been achieved and a Corrective Action Completion
Report has not been submitted, the Illinois EPA requires the submission of a status report
pursuant to Section 57 .7(bX6) of the Act .
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 contact Jim Ransdell at 217/557-
6938.
Thomas A . Henninger
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
TAH :JSR
Attachment : Attachment A
c :
United Science Industries
BOL File
SECTIQN 2
$18,670.35
for corrective action costs for the total budget (see below for deductions) that
are not reasonable as submitted
. Such costs are ineligible for payment from the Fund
pursuant to Section 57 .7(cX4)(C) of the Act and 35 Ill
. Adm. Code 734
.630(dd) .
1 . The Agency is allowing a total of forty (40) days for the ET&D and backfill of
19,500 cubic yards of soil
. A deduction of 132 hours from Senior Environmental
Technician, 44 hours from the Senior Project Manager, and 32 hours from the
Scientist 11 for a total deduction of $15,145
.55
. Twenty-eight (28) days or 280 hours
were allotted for the initial ET&D/Backfill (see November 3, 2006 Corrective Action
Plan/Budget), hence 12 days or 120 hours remain
. Personnel were pro-rated
accordingly.
2. A total deduction of $2,204
.80 was deducted from the Equipment Costs for the P1D
aad the Utility Vehicle to 12 days usage
.
3
. With the 2,622 cubic yards of remaining soil to be excavated an allowance of 5 days
were allowed for Motel and Per Diem for a deduction of $1,320.00
.
TAH
:JSR
Re:
LPC # 0210455002 -- Christian County
Palmer/Auburn Realty
Hwy. 48 & 5" St
.
Leaking UST Incident No
. 20010264
Leaking UST Technical File
SECTION 1
The budget was previously approved for .
$13,779 .75
$27,090 .00
$79,635
.00
$6,560 .00
$1,110,761 .80
$206.64
As a result of review of the budget at-band and the Illinois EPA's modification(s) in Section 2 of
this attachment, the following amounts are approved
:
$3,408 .00
$0.00
$16,805
.67
$2,477 .19
$135,076.51
$17,187.75
$27,090.00'
$96,440 .67 -
$9,037 .19 '
51,245,838 .31
Attachment A
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
Therefore, the total cumulative budget is approved for
:
Investigation Costs
Analysis Costs
Personnel Costs
Equipment Costs
Field Purchases and Other Costs
Handling charges will be determined at the time a billing package is reviewed by the Illinois
EPA
. The amount of allowable handling charges will be determined in accordance with Section
57.8(f)
of the Environmental Protection Act (Act) and 35 Illinois Administrative Code (35 I11
.
Adm. Code) 734 .635.
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) 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
es G
. Rich son
ecial 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)
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on December 29, 20061 served true and
correct copies of a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD by first
class mail of the United States Postal Service upon the persons as follows
:
Dorothy Gunn
Robert J . Pulfrey
Clerk
United Science Industries, Inc .
Illinois Pollution Control Board
P.O. Box 360
100 West Randolph Street, Suite 11-500
Woodlawn, Illinois 62898
Chicago, Illinois 60601-3218
ILLINOIS ENVIRONMENT PROTECTION AGENCY
THIS FILING IS SUBMITTED ON RECYCLED PAPER
