KRAMER’S SERVICE STATION,

Petitioner,

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

Respondent.

V.

)

RECE~V~

CLERK’S OFFICE

OCT 25 20U4

STATE

OF ILLINOJS

Pollution Control !3oarc

)

)

PCBNo.05-

)

(LUST Appeal

—

Ninety Day Extension)

)

)

NOTICE

Tyler Sink, 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 NThTETY DAY EXTENSION OF APPEAL PERIOD, copies of which

are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

JohnJ. Kit

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 21, 2004

OF THE STATE OF ILLINOIS

---

RECE~V~

CLERK’S OFFICE

OCT 252004

BEFORE THE POLLUTION CONTROL BOARD

STATE OF

ILUNCI~

OF THE STATE OF ILLINOIS

Pollution

Control

Bo~r

KRAMER’S SERVICE STATION,

)

Petitioner,

)

v.

)

PCB No.

05-

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

—

Ninety Day Extension)

PROTECTION AGENCY,

)

-

Respondent.

)

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 January 20, 2005, or any other date not more than a total of one hundred twenty-five

(125)

days from the date of service of the Illinois EPA’s final decision. In support thereof, the

Illinois EPA respectfully states as follows:

1.

On September

15,

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, 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 September 16, 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 forpetitioning for a hearing.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

JohnJ.

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: October 21;2004

This filing submitted on recycled paper.

2

---

T5

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST,

P.O.

Box

19276, SPRINGAELD, ILLINOIS

62794-9276, 21 7-782-3397

JMIE5

R. TI-I0MPs0N CENTER,

100

WEST

RANDOLPH,

SurrE 11-300, CHICAGO, IL

60601,

312-814-6026 (~/(~~

-

ROD R. BLAGOJEV1CH, GovERNoR

RENEE CIPRIANO, DIRECTOR

CERTIFIED

MAIL

7002 3150 0000 11137254

SEP 1 5 ZflØA

Kramer’s Service. Station

John

Kramer

3107 Perrysville Road

Danville, Illinois 61834

Re:

LPC #1830205099

-

Vermillion

County

Danville

I

Kramer’s Service Station

-

1015 E.

Main Street

LUST incident No. 961668

Dear Mr. Kramer:

rRECE.IV’E~

Z~-’

1 6 REG’EJ

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the amended Site

Classification Work Plan Budget (plan) submitted for the above-referenced incident. This plan,

dated July 16, 2004, was

received by the

illinois EPA

on July 19, 2004.

Citations in this letter

are

from the

Environmental

Protection Act (Act)

and 35 Illinois Administrative Code

(35 Iii.

Adm.

Code).

--

--

The amended budget requested a re-review ofcosts previously reviewed and denied

by the

Agency. In accordance

with

Section

57.7(c)(4)

of

the Act and

35 Iii. Adm. Code 732.503(b),

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 oroperator in writing

within 120 days ofreceipt.

The Illinois

EPA previously notified

the owner or operator

of

its final action. Further, in

-.

accordance with

Section

57.7(c)(4) of

the Act and 35

Ill.

Adm.

Code

732.503(f),

the Illinois

EPA’s action to reject or require modification ofthe plan or budget, or the

rejection

of

any

plan

or budget by operation oflaw,

was

subject to appeal to the illinois Pollution Control Board

within

35 days after the Illinois

EPA’s final action.

Pursuant

to 35 Ill. Adm. Code 732.301 a Site Classification Completion

Report must

be

submitted

within

90 days ofthe date of

this

letter to:

ROCKFORD —4302 North

Main

Street,

Rockford,

IL 61103 —(815)9

ELGIN

—

595 South State, Elgin, IL 60123 —(847)

608-3

BUREAU OF-LAND- PEORIA — 7620 N. University St., Peoria, IL 61614 —(30

SPRINGFIELD —4500 S.

Sixth Street Rd., Springfield,

IL 62706 —(217

MARION —2309W. Main 1

Harrison St., Des Plaines, IL 6016—

(847) 294-4000

ity

St., Peoria, IL 61614— (309) 693-5463

5

South

First

Street, Champaign, IL 61820— (217) 278-5800

Mall Street, Collinsville, IL 62234— (618) 346.5120

217/782-6762

I

EXHIBIT

---

Page 2

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.

Ifyou have any questions or need further assistance, please contact Brian Bauer at 217/782-3335.

Sincerely,

Harry A. Chappel, P.E.

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau of Land

HAC:BB\

cc:

United Science Industries

Division File

---

UNITED SCIENCE INDUSTRIES

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

Attn: John Kim

Re:

LPC# 1830205099

—

Vermillion County

DanvillelKramer’s Service Station

LUST Incident No. 961668

LUST TECHNICAL FILE

Dear Mr. Kim:

United Science Industries, Inc. (USI), on behalfof our client, Kramer’s Service Station, is

requesting a 90-day extension of the 35-day appeal period in regards to the IEPA

correspondence of September 15, 2004, included herein.

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. 170.

Sincerely yours,

UNITED SCIENCE INDUSTRIES INC.

Tyler Sink

Proj ect Manager

Enclosures

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on October 21, 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

Tyler Sink, 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)