NOTICE
REQUEST FOR NINETY DAY EXTENSION
OF APPEAL PERIOD
CERTIFIED MAIL
ELIAS, MEGINNES, RIFFLE & SEGRETTI, P.C.
CERTIFICATE OF SERVICE

BEFOREOFTHETHEPOLLUTIONSTATE

OFCONTROLILLINOIS

BOARD

CLT?~~

2 ~

OFHL~~

2003

KRESSER MOTOR SERVICE, INC.,

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 1 1-500

Chicago, IL 60601

SThTE

OF ILLINOIS

)

pollution Control

Board

PCBNo.04-

)

(LUST Appeal

—

Ninety Day Extension)

)

NOTICE

Robert M. Riffle

Elias, Meginnes, Riffle & Seghetti, P.C.

416 Main Street

Suite 1400

Peoria, IL 61602-6000

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 ofwhich

are herewith served upon you.

Respectfully submitted,

ILLiNOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

John J.

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: September 23, 2003

RE CE Ui/ED

CL1~RK’SOFFICE

BEFORE

THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

SEP 2 ~ 2003

KRESSER MOTOR SERVICE, iNC.,

)

STATE

OF ILLINOIS

PollutIon Control Board

Petitioner,

)

ILLINOIS ENVIRONMENTAL

)

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 Iii. Adm. Code 105.208, hereby requests that the jillinois Pollution

Control Board (“Board”) grant an extension ofthe thirty-five

(35)

day period for petitioning for a

hearing to December 22, 2003, or any other date not more than a total of one hundred twenty-

five (125) days from August 19, 2003, the date of the Illinois EPA’s final decision. In support

thereof, the Illinois EPA respectfully states as follows:

On August 19, 2003, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

On September 19, 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.

(Exhibit B)

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.

PCB No. 04-

(LUST Appeal

—

Ninety Day Extension)

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

John

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: September 23, 2003

This filing submitted on recycled paper.

SEP 19 03 15:57 10-12177829801       

FROH-

1-791 P. 03/05 F-013

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NoRTH GRAND AVENUE EAST, P.O. Box 19276,

Si’~INcFlELo,

ILLINOIS 62794-9276

JAMES R. TriOMNON CENTER, 100 WEST RANDOLPI~,SUITE 1 1-31)0,

CHICAGO,

IL 60001

ROD R. BLAGOJEVICH. CC)V~RNOR

R~j-iti~

CIPRIANO, DIRECTOR

CERTIFIED MAIL

AUG

132j3fj3J

?ll~

2~10 0002 52?? ~2~?

Kresser Motor Service, Inc.

Attention: Jim Kresser

4110 Progress Boulevard

(do Jim Andreonj Perona Law Offices)

Peru, IL 61534

Re:

LPC #09908050F~5

LaS~lleCounty

Ottawa/Kresser Motor Service, inc.

3072 North IL Route 71

LUST Incident No. 20021722

LUST Technical File

Dear Owner/Operator:

The Illinois Environmental Protection Agency (Illinois EPA) has received the 45-Day Report for the

above-referenced release. The report was dated July 28, 2003 and was received by the Illinois EPA

on August 11, 2003. Citations in this letter are from the Environmental Protection Act (Act), as

amended by Public Act 92-0554 on June 24, 2002, and

Illinois Administrative Code (35 111. Adm.

Code).

The 45-Day Report is rejected for the following reason (Section 57.7(c)(4) ofthe Act and 35 III.

Adm. Code 732.503(b)):

Pursuant to 35 Ill. Adm. Code 732.202(d), owners or operators shall assemble information about

the site and the nature ofthe release, including information gained while confirming the release

or completing the initial abatement measures I~

111. Mm. Code 732.202(a) and 732.202(b).

Within 20 days after confirmation ofa release ofpetroleum from an underground storage tank

(UST) system in accordance with regulations promulgated by the Office of the State Fire

Marshal, the owner or operator shall remove a~much ofthe petroleum from the UST system as

is necessary to prevent further release into the environment (35 UI. Adm. Code 732.202(b)).

The 45-Day Report fails to demonstrate that enough petroleum was removed from the UST

system as is necessary to prevent further release into the environment.

Please note that the 45-Day Report may be deficient forreasons other than the one noted above. The

Illinois EPA will conduct a full technical reviewofthe 45-Day Report and any other report submitted

pursuant to 35 Ill. Adm. Code 732.Subpart

in conjunction with any other plan or report selected for

review (35 111. Adm. Code 732.504(a)(7)).

l~C)CjIl0RD

4302 North M~nStreet,

Rocki

2~4-40CO

BU~AUO~LANO

- I’EcRi.~

—

7b20 N.

UnIversity Si_

___Champa~n,IL 61820—1217)

2713-5800

SP~INGFIEL0

— 4500 S.

Sixth Street Rd., Spr

~vIIIe,162234—1618)346.5120

217/782-6762

PRINTED

C~NR CYCUJ)

PAPER

SEP 19 03 15:57 10-12177829807       

FROM-                      

1-791 P.04/05 F-013

Page 2

This action does not constitute any decision or determination regarding the timeliness ofthe submittal

ofthe 45-Day Report. This decision does not waive or otherwise preclude any enforcement action the

Illinois EPA may initiate in response to any apparent violation oftimely submittal requirements.

The Illinois EPA has determined that, pursuant to Sections 57.7(a) and 57.12(c) and (d) o-fthe Act

and 35 III. Adm. Code 732.100 and 732.105, a site investigation plan and budget must be submitted

within sixty clays ofthe date ofthis letter. Please note the Illinois EPA does not require the

submission ofa budget if the owner or operator does not intend to seek reimbursement from the

Underground Storage Tank Fund (Fund).

In addition, an owner or operatormay choose to remedlate soil and groundwater in accordancc with

the remediation objectives at 35 lii. Adm. Code 742 without conducting a site investigation. Ifthe

owner or operator chooses not to investigate the site in accordance with-the procedures established in

Section 573(a) of the Act, the owner or operator may not be entitled to full payment if a request for

reimbursement from the Fund is submitted.

Submit all future correspondence to:

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 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.

Should you have any questions, please contact the project manager on-call in the Leaking

Underground Storage Tank Section at the above number.

gt~sW

Leaking Underground Storag~ankSuction

Division ofRernediation Management

Bureau ofLand

DWC:DKS:jk\03 I357.doc

Attachment: Appeal Rights

Midwest Environmental Consulting & Remediation Services

Division File

(

SEP 19 ‘03 15:57 10-12177829807       

FROM-                        

1-791 P.05/05 F-013

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 of issuance 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 owneror operator and

the Illinois EPA within the initial 35-day appcal period. Ifthc owncr 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 of this decision, must be sent to the Illinois EPA as soon as possible.

For information regarding the filing ofan 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 Avenuc 

East

Post Office Box 19276

Springfield, IL 62794-9276

217/782-5544

SEP 19 ‘03 15:57 10-12177829807

FROM-                        

1-791 P.02/05 F-013

ELIAS, MEGINNES, RIFFLE & SEGRETTI, P.C.

AT7ORNEYSATL.4W

JOHNS. ELIAS

416 MAIN STREET, SUiTE

1400

KipSiI~Lev

BRIAN J.

MEOINNF.S

PEORIA. ILLINOIS 61602.161-I

OAvl~

N. SCHSLLEWI~ER~

ROaERT M. RIFFLE

TELF.PHONl~:

(309)

637-6000

J4~.j~’I

NMR

MICNAEL R.

SEcHI~rn

FACSl~LE:

(30Q)637-R514

CYNTHIA L. ELMS, OF COUNSEL

TR0Y N. PuDig

www.cmrslaw.com

FikNo,:

31091-001

September 19, 2003

VIA

FACSIMILE &

REGUL4R

MAIL

Mr. John Kim

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021 N. Grand Avenue East

P.O.Box 19276

Springfield, IL 62794-9276

Re:

LPC# 0990805085

—

LaSalle County

OttawalKresser Motor Service, Inc.

3072 North IL Route 71

LUST Incident No. 20021722

LUST Technical File

Dear John:

In follow-up to our phone conversation, please be advised that the undersigned counsel

has been retained to represent Kresser Motor Service, Inc. in connection with the above-

referenced matter. We hereby request a 90 day extension of the appeal deadline relating

to

the

August 19, 2003 letter (a copy of which is enclosed herewith) which rejected a certain 45 day

report submitted by Midwest Environmental Consulting & Remediation Services, Inc. Please

feel free to call me with any questions regarding this request.

Thank you in advance for your attention to this matter.

Very truly ours,

Robert M. Riffle

R~R:tIj

cc:  James Andreoni, Esq.

603- 1055

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on September 23, 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              

Robert M. Riffle

Illinois Pollution Control Board

Elias, Meginnes, Riffle & Seghetti, P.C.

James R. Thompson Center

416 Main Street

100 West Randolph Street

Suite 1400

Suite 11-500                    

Peoria, IL 6 1602-6000

Chicago, IL 60601

ILLiNOIS ENVIRONMENTAL PROTECTIONAGENCY,

Respo

John

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)