BECKMAN SERVICE,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
)
)
)
ED
MAY
102005
STATE OF ILLINO S
u on Control Board
PCBNo.05-
)
(LUST Appeal
—
Ninety Day Extension)
)
)
NOTICE
Beth Giacomo, Project Manager
United Science Industries
P.O. Box 360
6295
East Illinois Flighway 15
Woodlawn, IL 62898-03 60
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
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: May 6,
2005.
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
Assistant Counsel
BEFORE THE POLLUTION CONTROL BOARD
~j
OF THE STATE OF ILLINOIS
“SAY
1.02005...
STATE OF iLLINOIS
BECKMAN SERVICE,
)
.
POIlUtlOfl Control Board
Petitioner,
)
v.
.
)
PCBNo.05-
)cj
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal
—
Ninety DayExtension)
PROTECTION AGENCY,
)
Respondent.
)
REQUEST
FOR NINETY DAY 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 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 August 4, 2005, or any other date not more than a total of one hundred twenty-five
(125)
days from the date of service ofthe Illinois EPA’s final decision. In support thereof, the
Illinois EPA respectfully states as follows:
1.
On March 31, 2005, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On April 19,
2005,
the Petitioner made a written request to theIllinois EPA for an
extension oftime 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
April 1, 2005. (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 maybe 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 f~ra ninety-day extension of
the thirty-five day period for petitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
JohnCJ. Kim
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: May
6, 2005.
This filing submitted on recycled paper.
2
7002 3150 0000 1110 2115
0’
APR OiREC’~
I
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. BLAGOJEVICHI GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
CERTIFIED
MAIL
Beckman Service
_______________________________________
Stan Beckman
639 East Main
Salem, II 62881
Re: LPC1210455042--MarionCounty
Salem/Beckman Service
638 East Main
LUST Incident No. 983044
LUST Technical File
Dear Mr. Beckman:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority Corrective
Action Completion Report (report) for the above-referenced incident. The report was dated December 1,
2004 and was received by the Illinois EPA on December 3, 2004. Citations in this letter are from the
Environmental Protection Act (Act) and 35 Illinois Administrative Code
(35
Ill. Adm. Code).
Pursuant to
57.7(c)(4)(D)
ofthe Act and
35
Iii. Adm. Code 732.409(c) and 732.503(b), the report is
rejected forthe reasons listed in Attachment A.
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 orneed further assistance, please contact Jim Ransdell at 217/557-6938.
Sincerely,
Thomas A. Hennij~~
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau ofLand
TAH:JSR
Attachment:
AttachmentA
c:
United Science Industries.
Division File
RocKFoRo —4302
North Main Street,
Rockford, IL 61103
—
(815)
EXH!BIT
.
Harrison St., Des Plaines, IL 60016
—
(847) 294-4000
ELGIN
— 595 South
State, Elgin, IL 60123
—
(847 608
rsity St., Peoria, IL 61614— (309) 693-5463
BUREAU OF LAND
-
PEORIA
—7620 N. University St., Peoria, IL 61614—
(3
b
25 South First Street, Champaign, IL 61820— (217) 278-5800
SPRINGFIELD
—4500 S. Sixth Street Rd., Springfield, IL 62706 —(21 ~
09 MalI Street, ColIinsvilIe, IL 62234 —(618) 346-5120
MARION —2309 W. Main
~
__________________
618)993-7200
.~
Attachment A
Re:
LPC# 1210455042 --Marion County
Salem/Beckman Service
638 East Main
LUST Incident No. 983044
LUST TECHNICAL FILE
Citations in this attachment are from the Environmental Protection Act(Act) and
35 Illinois
Administrative Code
(35
Iii. Adm. Code).
Pursuant to 35 Iii. Adm. Code 732.411(b), in conducting best efforts to obtain off-site
access, an owner or operator must, at a minimum, send a letter by certified mail to the
owr~erofany off-site property to which access is required, stating:
a.
Citation to Section 57 ofthe Act stating the legal responsibility ofthe owner or
operatorto remediate the contamination caused by the release;
b.
That, if the property owner denies access to the owner or operator, the owner or
operator may seek to gain entry by a court order pursuant to Section 22.2c ofthe
Act;
c.
That, in performing.the requested investigation, the owner or operator will work
so as to minimize any disruption on the property, will maintain, or its consultant
will maintain, appropriate insurance and will repair any damage caused by the
investigation;
d.
If
C
6ntamination results from a release by the owner or operator, the owner or
operator will conduct all associated remediation at its own expense;
•
e...
.
That threats to hum an. health and the environment and diminished property value
may result from failure to remediate contamination from the release; and
f.
A reasonable time to respond to the letter, not less than 30 days.
The plan fails to meet the above requirements for the following reason(s):
You have failed to provide criteria pursuant to Section 732.411(b) per Agency letter
ofFebruary 20, 2001.
Pursuant to 35 Ill. Adm. Code 732.411(c), an owner or operator, in demonstrating that the
requirements of35 III. Adm. Code 732.4 11 have been met, must provide to the Illinois
EPA, as part ofthe corrective action completion report, the following documentation:
a.
A sworn affidavit, signed by the owner or operator, identif~ringthe specific off-
site property involved by address, the measures proposed in the corrective action
plan that require off-site access, and the efforts taken to obtain access, and stating
that the owner or operator has been unable to obtain access despite the use of best
efforts; and
b.
A copy ofthe certified letter sent to the owner ofthe off-site property pursuant to
35 Ill. Adm. Code 732.411(b).
.
The plan fails to meet the above requirements for the following reason(s):
You have failed to provide criteria pursuant to Section 732.411(b) as required
with the Corrective Action Completion Report.
A Professional Engineer Certification must accompany the Corrective Action
Completion Report certifying the document is true, accurate, and complete
Pursuant to 35 Ill. ADM
Code 732
TAH:JSR
.
.
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)
ofthe Act by filing a petition
for a hearing within 35 days after the date.ofissuance ofthe final decision. However, the 35-day
period may be extended for a period oftime 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 ofthe
date the final decision was received, along with a copy ofthis 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 ofIllinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
312/814-3620
For information regarding the filing ofan 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
www. unitedscience. corn
United Science Industries, Inc.
P0. Box 360
6295 East IL Highway 15
Woodlawn, IL 62898
t~Lfree 800.372.8740
phone
618,735.24?
- fax 618.735.2907
April
19,
2005
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, IL 62792-9276
Attn: John Kim
Re:
LPC# 1310455042--Marion Co.
Salem/Beckman Service
638 East Main
LUST Incident No. 983044
Dear Mr. Kim,
United Science Industries, Inc. (USI), on behalf of our client,
requesting a 90-day extension to the 35-day appeal period
IEPA correspondence included.
I appreciate your time and consideration in this matter.
questions or comments regarding this matter please contact
2411 ext. 189.
Sincerely yours,
UNITED SCIENCE INDUSTRIES, INC.
Beth
&~
Giacomo
Project Manager
RECEIVED
Division of
Legal Counsel
i-~.~:
~
Env~rrmmenf~.l
Pr~t~r’~1—~r1
Stan Beckman, is
in regards to the
If you have any
me at (618) 735-
Encldsures
CERTIFICATE OF SERVICE
- -
I, the undersigned attorney at law, hereby certify that on May 6, 2005, 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 Spring~ie1d,Illinois, with sufficient
First Class Mail postage affixed thereto, upon the following named persons:
Dorothy M. Gunn, Clerk
Beth Giacomo, 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)
