ROY STROM BUILDING
CORPORATION,
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
)
RECEIVED
CLERK’S OFFICE
STATE OF ILLINOIS
Pollution Control Board
)
PCBNo.04-~7~
)
(LUST Appeal
—
Ninety Day Extension)
)
)
NOTICE
Thomas R. Carey
Bell, Boyd & Lloyd, LLC
Three First National Plaza
70 West Madison Street
Suite 3300
Chicago, IL 60602-4207
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
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: September 10, 2003
BEFORE THE POLLUTION CONTROL BOARD
SEP 15 2003
OF THE STATE OF ILLINOIS
)
)
Petitioner,
V.
Respondent.
CLERK’S
OFFICE
BEFORE THE POLLUTION CONTROL
BOARD
s
OF THE STATE OF ILLINOIS
STATE
EP
OF
1
ILLIN
5 2003
ROY STROM BUILDING
)
‘~OllUtIOflControj
OIS
CORPORATION,
)
Card
Petitioner,
)
v.
)
PCBNo.04-~~~
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal
—
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)(1) of the Illinois Environmental Protection Act
(415
ILCS 5/40(a)(l)) 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 December 11, 2003, or any other date not more than a total of one hundred twenty-
five
(125)
days from the date ofservice ofthe Illinois EPA’s final decision. In support thereof,
the Illinois EPA respectfully states as follows:
1.
On August
5,
2003, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On September 4, 2003, 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 represented that the final decision was received on August 8, 2003. (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 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,
Respondent
Johns
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: September 10, 2003
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
Roo R.
BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
.
cERTIFIED MAIL
7OO~ 3l~SEI EIUGEJ 1a2422~s
A~J’
~J5
2t3U~
Roy Strom Building Corporation
1201 GreenwoodAvenue
Maywood,IL 60153
Re:
LPC #0978995 120— Lake County
Russell/Roy Strom Building Corporation
43410 Kilbourne Road
LUST Thcident No. 981697
LUST Technical File
Dear Sir/Madam:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Corrective Action
Completion Report submitted pursuant to 35 Illinois Administrative Code (35 111. Adm. Code)
732.300(b). The Illinois EPA received the Corrective Action Completion Report, dated April 4,
2003, on April 7, 2003.
Pursuant to 35 111. Adm. Code 732.300(b)(1), an owner or operator may choose to remediate soil
and groundwaterin accordance with the remediation objectives in 35 III. Adm. Code 732.408.
without conducting a site classification. If the owner or operator chooses not to characterize the
site in accordance with the procedures established in Title XVI of the Environmental Protection
Act and 35 Ill. Adm. Code 732,
~
to proceed under 35 Ill. Adm. Code 732.300(b)(1), he/she
may not be entitled to full payment if a request for reimbursement from the Underground Storage
Tank Fund is submitted.
Pursuant to 35 Iii. Adm. Code
732.503(b),
the Corrective Action Completion Report is rejected
for the reasons described below:
1.
The extent of benzene contamination exceeding the Tier 1, Class I soil component ofthe
groundwater ingestion remediation objective has not been defined to the east ofsoil
boring SB28.
2.
A “default” laboratory hydraulic conductivity was utilized in the Tier 2 groundwater
component ofthe groundwater ingestion exposure route evaluation. Please note that the
in-situ hydraulic conductivity shall be utilized.
ROCKrORO
—4302 North
Main
Street,
Rockford, IL 61103— (615)987-7760
•
DEs
PLAINES
—9511 W. Harrison St.,
Des
P(aines, IL 60016— (847) 294-4000
—
595 South State, Elgin, IL 60123 —(847)608-3131
•
PEORIA —5415 N. Universily SI.,
Peoria,
IL 61614 —(309) 693-5463
8UREAU OF LAND
-
PEORIA
—
7620 N. tJniversfty St., Peoria, IL 61614 —(309)
693-5462
•
CHAMPAIGN
—
2125 South First Streel Champaign IL 61820 —(217) 278-5800
SPRINCPIEI.D
—
4500 S. Sixth Street Rd., Springfield, IL 62706 —(217) 786.6892
•
COLLINSvILIE
—
2009 Mat) Street, Coliinsville, IL 62234 —(618) 346-5120
MARION —2309W.
Main
St., Suite 116, Marion, 1162959 —(618) 993-7200
I’~tINTEDON RECYCLED PAPER
d~~o:t,OED TI ~
~
Page 2
The owner or operator must submit a Corrective Action Completion Report within 120 days of
the date of this letter 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
The Corrective Action Completion Report shall include:
1.
The Corrective Action Completion Report Form,
2.
The analytical results and Tier 1 remediation objectives in tabular format,
3.
Site maps showing the plumes of contamination as defined by laboratory analysis
(minimum of one for each exposure route
—
soil component of the groundwater ingestion
exposure route, inhalation exposure route, soil ingestion exposure route, groundwater
component of the groundwater ingestion exposure route...),
4.
A discussion of how the final remediation objectives were determined (including
supporting Tier 2 calculations, etc.),
5.
A list of the engineered barriers andinstitutional controls that are to be incorporated into
the No Further Remediation (NFR) Letter,
6.
Site maps showing the extent of the on-site groundwater use restriction (including the
setback zone of the on-site potable water supply well) and the extent of the engineered
barrier,
7.
The Owner/Operator Property Summary Form, and
8.
The Professional Engineer Certification Form.
Please submit the Corrective Action Completion Report in duplicate and include the Re: block
shown at the beginning of this letter.
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached.
dLQ:~O
ED IT ~~EJ
B
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
dLD:~”D CO II 2~U
Page 3
If you have questions or need further assistance, please contact Trent Benanti at 217/524-4649.
Sincerely,
Michael T.
Low der
Unit Manager
Leaking
Underground Storage Tank Section
Division of Remediation Management
Bureau of
Land
MTL:TLB:H:\Projects\Roy Strom Building Corporation\Letter7 .doc
Attachment: Appeal Rights
cc: K-Plus Environmental Services
Division File
dBg:.t,.O CO II ~
B
LLC
THREE70 WESTFIRSTMADISONNATIONALSTREET,PLAZASUITE 3300
CHICAGO, ILLINOIS 60602-4207
THOMAS R. CAREY
312.372.1121 FAX 312.372.2098
312.807.4365
tcarey@bellboyd.com
OFFICES IN CHICAGO
DIRECT FAX: 312.827.8059
AND WASHINGTON, D.C.
BY FAX & U.S. MAIL
September 4, 2003
John
Kim, Esq.
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
RE:
LPC#0978995120
Russell/Roy Strom Building Corporation
43410 Kilbourne Road
LUST Incident No. 981697
Dear Mr. Kim:
This law firm represents Roy Strom Company (“Strom”). Attached please find a letter
dated August
5,
2003, reflecting the Illinois Environmental Protection Agency’s (“IEPA”)
decision concerning the above-captioned matter. The attached letter was received by Strom on
August 8, 2003. On behalfof Strom, we request a 90-day extension to file an appeal before the
Illinois Pollution Control Board. We hope to resolve our outstanding differences with IEPA
during this time period in order to avoid filing an appeal, if possible. Please feel free to call me
if you have any questions.
Very truly yours,
Thomas R. Carey
TRC :tyh
359602
Enclosure
. RECEIVED
Copies to Dale L. Brooks (by fax w/o enclosure)
DMS~0n
~f
LG9B.! Counsel
Daniel Caplice (by fax w/o enclosure)
SEP
08
2003
~nvironmenta~
Protectiofl
Agency
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on September 10, 2003, 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
Thomas R. Carey
Illinois Pollution Control Board
Bell, Boyd & Lloyd, LLC
James R. Thompson Center
Three First National Plaza
100 West Randolph Street
70 West Madison Street
Suite 11-500
Suite 3300
Chicago, IL 60601
Chicago, IL 60602-4207
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
Resp
t
John 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)