RECE~VE~
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
CRAIG’S SERVICE STATION,
Petitioner,
V.
ILLINOIS ENViRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
NOTICE
PCBNo.04-
(LUST
—
Ninety Day Extension)
MAR 25 2004
STATE OF ILLINOIS
PoIIut~onControl Board
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Kevin Saylor, P.E.
HDC Engineering
201 West Springfield Avenue
Suite 300
P.O. Box 140
Champaign, IL 61824-0140
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
JohnJ~
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, flhinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: March 23 2004
•
RECEWED
CLERK’S OFFICE
MAR 252004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
Pollution Control Board
CRAIG’S SERVICE STATION,
)
Petitioner,
)
v.
)
PCB No. 04-
/
ILLINOIS ENVIRONMENTAL
)
(LUST
-
Ninety Day Extension)
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)(l) 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 June 21, 2004, or any other date not more than a total of one hundred twenty-five
(125)
days from the date of the Illinois EPA’s final decision. In support thereof, the Illinois EPA
respectfully states as follows:
1.
On February 17, 2004, the Illinois EPA issue4 a final decision to the Petitioner
regarding a request for reimbursement from the Underground Storage Tank Fund. (Exhibit A)
2.
On February
25,
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
tequesting that the Board extend the thirty-five day period for filing a petition to ninety days.
The Petitioner did not represent when the final decision was received. (Exhibit B)
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.
1
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,
Respondent
JOhflCc~~(
Assistant Counsel
Special Assistant Attorney General
Div~isionofLegal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: March 23, 2004
This filing submitted on recycled paper.
2
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. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
CERTIFIED
MAIL
?002 3150 0000 1255 1653
FEB ‘ii 2~O~
Craig Service Station
Attention: Harold Craig
1013 WestWoodSt.
Bloomington, IL 61701
ARe:
LPC #1130205258
--
McLean County
BloomingtonlCraig’s Service Station
905 South Morris
LUST Incident No. 990396
LUST Technical File
Dear Mr. Craig:
•
-
The illinois Environmental Protection Agency (illinois EPA) has reviewed the High Priority
Corrective Action Plan Budget (budget) Amendment submitted for the above-referenced
incident. This budget, dated November 18, 2003, was received by the illinois EPA on November
19, 2003. 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 35 111. 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
R(x~roiw-4302Noah Main Street, Rocklord, IL 61103 - (815) 9~
arrison St., Des Plaines, IL 60016— (847) 294-4000
ELCIN — 595 South State, Elgin, IL 60123 — (847) 608-31
St., Peoria, IL 61614— (309) 693-5463
BUREAU
OF
LAND- PEURR — 7620 N. University St., Peoria, II 61614 — (30~
uth First Street, Champaign, IL 61820 —(217) 278-5800
SPRINGFeID — 4500 S. Sixth SIreet Rd.. Springfield, IL 62706 —(217)
all Street, Collinsvil(e, IL 62234 —(618) 346-5120
MARION
— 2309 W. Main
993-7200
r
Page 2
An underground storage tank system owner or operator may appeal this decision to the illinois
Pollution Control Board. Appeal rights are attached.
Ifyou have any questions or need further assistance, please contact Robin McCain at
217/785-6309
Sincerely,
.~2’~z’4~iL-Q
Michael T. Lowder
~
Unit Manager
Ledking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
MTL:RMM\
•
--
Attachment: Attachment A
Appeal Rights
C:
Kevin Saylor, HDC Engineering
Division File
•
RECEIVED
UBC
EN6INEER!~JG
Attachment A
Re:
LPC #1130205258
--
McLean County
BloomingtonlCraig’s Service Station
905 South Morris
LUST Incident No. 990396
LUST Technical File
Citations in this attac-hment are from the Environmental Protection Act (Act) and 35 illinois
Administrative Code (35 111. Adm. Code).
SECTION 1
As a result of the illinois EPA’s modification(s) in Section 2 of this Attachment A, the following
amounts are approved:•
High Priority Site Investigation Corrective Action Plan budget, approved September 11, 2003
$7,730.50
Investigation Costs
S 14,462.22
Analysis Costs
S57,927.00
Personnel Costs
537,145.98
Equipment Costs
S 133,35 1.13
Field Purchases and Other Costs
S8.726.28
Handling Charges
As a result of the Illinois EPA’s modification(s) in Section 2 of this Attachment A, the following
amounts have been approved:
Modified High Priority Corrective Action Plan Budget Amendment, dated November 10, 2003,
received by the Illinois EPA on November 18. 2003
S6l0.95
Analysis Costs
S3. 100.00
Personnel Costs
S880.00
Equipment Costs
S14.l71.86
Field Purchases and OtherCosts
Sl.6l2.27
Handling Charges
Jotal Hi~hPriority Corrective Action Plan budget
S7.730.50
Investigation Costs
S
15.073.
1.7
Analysis Costs
S61.027.00
Personnel Costs
S38.025.98
Equipment Costs
S 147,522.99
Field Purchases and Other Costs,
S 10,338.55
Handling Charges
Page 2
SECTION 2
The
Illinois EPA has determined that the following costs are not reasonable as submitted
(Section 57.7(c)(4)(C) of the Act and 35 IAC Section 732.606(hh)). One ofthe overall
goals of the financial review is to assure that costs associated with materials, activities,
and services are reasonable (35 IAC Section
732.505(c)).
A.
•
Deduct $20,675.25 from Personnel Costs Section. Personnel costs are
unreasonable as submitted.
B.
Deduct $480.00 from Field Purchases and Other Costs Section, under Abandon
Wells. Rate is unreasonable as submitted.
2.
The following costs are for activities in excess of those necessary to meet the minimum
requirements of Title XVI of the Act (Section 57.5(a) of the Act) and 35 Ill. Adm. Code
732 (Section 732.505(c)). Costs for corrective action activities and associated materials
or services exceeding the minimum requirements necessary to comply with the Act are
•
not eligible for payment from the Fund (35 Ill. Adm. Code 732.606(o)). in addition,
these costs are not corrective action costs. “Corrective action” means an activity
associated with compliance with the provisions of Sections 57.6 and
57.7
of the Act
(Section 57.2 of the Act and 35 ill. Adrn. Code 732. 103). One of the eligibility
requirements for accessing the Fund is that costs are associated with “corrective action.”
(Section
57.9(a)(7)
of the Act)
In addition, the following costs related to activities, materials, or services not necessary to
stop, minimize, eliminate, or clean up a release of petroleum or its effects in accordance
with the minimum requirements of the Act and regulations are ineligible for payment
from the Fund
(35
Ill. Adm. Code 732.606(y)). This cost is not a corrective action cost.
“Corrective action” means an activity associated with compliance with the provisions of
•
Sections 57.6 and 57.7 ofthe Act (Section 57.2 of the Act and 35 Ill. Adm. Code
732.103). One of the eligibility requirements for accessing the Fund is that costs are
associated with “corrective action” (Section 57.9(a)(7) of the Act and 35 Ill. Adm. Code
732.505(c)).
Deduct $1,075.56 from Field Purchases and Other Costs Section, under Sewer Repair
Materials and Sewer Repair.
•
3.
Deductions from the following sections of the budget, make it necessary to recalculate
the sales tax and handling charges less the deducted amounts.
A.
Deduct S80.67, from Field Purchases and Other Costs Section, under Sales Tax
on Fill, Concrete, and Sewer Materials. Given that Sewer Repair Materials and
Page 3
Sewer Repair are not eligible for reimbursement, the lump sum sales tax amount
was recalculated and reduced accordingly.
B.
Deduct $130.89, from Handling Charges. Deductions from the sections of the
•budget which handling charges are calculated, make it necessary to recalculate the
handling charges less the deducted amounts.
RMM\.
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 ofthe 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 recejve 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 regardingthe filing of an extension, please contact:
-
Illinois Environmental Protectior. Agency
•
•
•
Division ofLegal Counsel
•
1021 North Grand Avenue East
•
Post Office Box 19276
Springfield, IlL 62794-9276
217/782-5544
• •
ENGINEERING
201 W. Springfield Ave., Suile 300
P.O. Box 140
February 25, 2004
Champaign Illinois 61824-0140
CERTIFIED MAIL 7002 0510 0002 7979 3626
BUS. (217) 352-6976
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
RE:
LPC #1130205258 — McLean County
Bloomington/Craig’s Service Station
905 South Morris
LUST Incident No. 990396
Sir/Madame:
On behalf of Craig’s Service Station, HDC Engineering is requesting a 90 day extension
to the initial 35 day filing period regarding the reimbursement decision notice dated
February 17, 2004. A copy of this decision is enclosed. If you have any questions or
need additional information, I can be reached at (217) 352-6976.
Respectfully,
HDC Engineering
Kevin Saylor, PE
Environmental Engineer
cc:
File
EXHIBIT
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on March 23, 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
.
Kevin Saylor, P.E.
Illinois Pollution Control Board
‘
HDC Engineering
James R. Thompson Center
201 West Springfield Avenue
100 West Randolph Street
Suite 300
Suite 11-500
P.O. Box 140
Chicago, IL 60601
•
Champaign, IL 61824-0140
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)