RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD FEB 2 6 2007
STATE OF ILLINOIS
Pollution Control Board
RUSS TAYLOR,
)
Petitioner,
)
)
V .
b
)
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 .
ILLINOI NVIR
• PROTECTION AGENCY
mes G
. R rdson
pecial Assistant Attorney General
Dated : February 22, 2007
1021 North Grand Avenue East
P.O . Box 19276
Springfield, Illinois 62794-9276
217/782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB 2 6 2007
RUSS TAYLOR,
)
Petitioner,
)
v.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
PCB No. 07-
(LUST Appeal -
Ninety Day Extension)
Pollution
STATE OF
ControlILLINOISBoaro
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 5/40(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
May 23, 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 :
1 .
On January 10, 2007, the Illinois EPA issued a final decision to the Petitioner
.
2.
On January 29, 2007, 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 January 18, 2007
.
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
1
ames G
. Richardson
Special Assistant Attorney General
Dated : February 22, 2007
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
1021
NORTH GRAND AVENUE EAST, P
.O . Box 19276, SPRINGFIELD, ILLINOIS
62794-9276-( 217) 782-3397
JAMES R . THOMP5ON 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
~~~
ZO~~
7004
2510
0001
8586
7871
RECEIVED
Mahomet Hen House
Attn: Ms. Jacqueline Taylor
J;,fl i <
iuui
P. 0. Box 110
Mahomet, IL 61853
BY..
Re: LPC #0190455025
-- Champaign County
Mahomet/ Taylor, Russ
Route 47 & Eastwood Drive
LUST Incident No . 20010722
LUST Technical File
Dear Ms Taylor:
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
11d1p_~9
~P
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 December 5, 2006, was received by the Illinois EPA on December 6, 2006
.
Supplemental information was received by electronic mail on January 2, 2007 . Citations in this
letter are from the Environmental Protection Act (Act) and 35 Illinois Administrative Code (35
Ill. Adm
. Code) .
The budget is modified pursuant to Section 57
.7(c)(4) of the Act and 35 Ill . 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 Ill . Adm . Code 732.604,
732 .606(s), and 732.611
.
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 the beginning
of this letter.
ROCKFORD-4302 North Main Street, Rockford, IL 61103 -(815) 987-7760 • DES PLAINES
- 9511 W
. Harrison St.,
Des Plaines, IL 60016-(847) 294-4000
ELGIN-595 South State, Elgin, IL 60123 - (847) 608-3131
• PEORIA-5415 N . University St., Peoria, IL 61614-(309) 6935463
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 -(217) 786-6892 • COLLINSVILLE- 2009 Mall Street, Collinsville, IL 62234- (618) 346-5120
MARION - 2309 W . Main St., Suite 116, Marion, IL 62959 -(618) 993-7200
Page
2
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 Dave Myers at 217/785-7491
.
Sincerely,
Thomas A . Henninger
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
TAH:DM
:DM\I-IPCAPam2BUDmod .doc
Attachment :
Attachment A
Appeal Rights
c:
United Science Industries, Inc .
Division File
Re: LPC #0190455025
--
Champaign County
Mahomet/ Taylor, Russ
Route 47 & Eastwood Drive
LUST Incident No . 20010722
LUST Technical File
SECTION1
The budget was previously approved for :
Attachment A
$0.00
Investigation Costs
$0.00
Analysis Costs
$27,600.00
Personnel Costs
$180.00
Equipment Costs
$4381 .00
Field Purchases and Other Costs
$1 .38
Handling Charges
As a result of review of the budget at-hand and the Illinois EPA's modification(s) in Section 2 of
this attachment, the following amounts are approved :
$0.00
Investigation Costs
$0.00
Analysis Costs
$3993.37
Personnel Costs
$60.00
Equipment Costs
$5178.00
Field Purchases and Other Costs
$0.00
Handling Charges
Therefore, the total cumulative budget is approved for :
$0.00
Investigation Costs
$0.00
Analysis Costs
$31,593.37
Personnel Costs
$240.00
Equipment Costs
$9559.00
Field Purchases and Other Costs .
$1 .38
Handling Charges
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 Ill
.
Adm
. Code) 732 .607.
SECTION2
1 .
$5748
.76 for corrective action costs for personnel costs associated with development of
institutional controls that are not reasonable as submitted
. Such costs are ineligible for
payment from the Fund pursuant to Section
57.7(c)(4)(C) of the Act and 35 Ill . Adm .
Code 732.606(hh)
.
Sufficient amounts were previously approved in Agency review letters dated August 15,
2005 and March 5, 2004
. In addition, the request for additional personnel hours
associated with institutional controls lacks supporting documentation pursuant to 35 Ill.
Adm. Code 732 .606(gg) .
2 .
$534.48
for corrective action costs for personnel costs associated with measurements for
asphalt replacement that are not reasonable as submitted
. Such costs are ineligible for
payment from the Fund pursuant to Section 57.7(c)(4)(C)
of the Act and 35 III. Adm .
Code 732.606(hh)
.
Measurements for asphalt replacement could have been taken during any visit to the field
during early action or the investigation
. These costs, therefore, also exceed the minimum
requirements pursuant to Section 57 .7(c)(4)(C)
of the Act and 35 Ill . Adm. Code
732 .606(o) .
3.
$267.26
for corrective action costs for personnel costs associated with billing package
review by the Professional Engineer that are not reasonable as submitted . Such costs are
ineligible for payment from the Fund pursuant to Section 57.7(c)(4)(C) of the Act and 35
Ill. Adm . Code 732 .606(hh).
Costs for three billing packages have been previously approved in Agency letters dated
August 15, 2005 and March 5, 2004
. This budget allows for only one of the three
proposed billing packages .
4.
$452.24 for corrective action costs for personnel costs associated with billing package
review by the Account Technition that are not reasonable as submitted
.
Such costs are
ineligible for payment from the Fund pursuant to Section 57.7(c)(4)(C) of the Act and 35
Ill. Adm . Code 732 .606(hh).
Costs for three billing packages have been previously approved in Agency letters dated
August 15, 2005 and March 5, 2004 . This budget allows for only one of the three
proposed billing packages .
5 .
$60.00 for corrective action costs for equipment costs associated with measurements for
asphalt replacement that are not reasonable as submitted . Such costs are ineligible for
payment from the Fund pursuant to Section 57 .7(c)(4)(C) of the Act and 35 Ill. Adm ..
Code '732.606(hh) .
Measurements for asphalt replacement could have been taken during any visit to the field
during early action or the investigation . These costs, therefore, also exceed the minimum
requirements pursuant to Section 57 .7(c)(4)(C) of the Act and 35 Ill
. Adm . Code
732.606(o)
.
dm:DM\HPCAPam2BUDmodA.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
es G. Ri rdson
pedal 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 February 22, 2007 I 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 ENVIRONMENTAL PROTECTION AGENCY
3
