BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE
BEFORE THE POLLUTION CONTROL BOARD
OF APPEAL PERIOD
SECTION 2
Re: Request for Extension for Petitioning theIPCB
CERTIFICATE OF SERVICE

RECE~V~D

CLERK’S OFFICE

MAR 082004

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

STATE OF ILLINOIS

Pollution Control Board

PONTIAC CASEY’S, INC.,

Petitioner,

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

)

‘—C)

))

PCBNo.04-(LUST

—

Ninety

DayExtension)

)

NOTICE

James R. Nelson, P.G.

American Environmental Corporation

3700 West Grand Avenue

Suite A

Springfield, IL 62707

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: March

2004

CLERK’S OFFICE

MAR 082004

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

STATE OF

ILLINOIS

Pollution Control Board

PONTIAC CASEY’S, INC.,

)

Petitioner,

)

-~0

)

PCBNo.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)(1) of the Illinois Environmental Protection Act (415

ILCS

5/40(a)(1))

and 35 Ill. Adm. Code 105.208, hereby requests that the Jllinois Pollution

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

(35)

day period for petitioning for a

hearing to June 3, 2004, or any other date not more than a total ofone 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:

On January 29, 2004, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

On March 3, 2004, the Petitioner made a written request to the Illinois 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

has subsequently confirmed that the final decision was reôeived no earlier than January 30,

2004.. (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 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

JL~~Th

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: March

2004

This filing submitted on recycled paper.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

102i

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. BLAGOIEVICH, GOVERNOR

RENEE OPRIANO, DIRECTOR

217/782-6762

CERTIFIED MAIL

7002 3150 0000 1255 0243

IAN / 9

2O1j~

Casey’s General Stores. Inc.

Attn: Glen Norgart

One Convience Blvd

Ankeny, Iowa 50021

Re:

LPC #1050605089

Livingston County

Pontiac!Pontiac Casev~sInc.

703 East Howard Street

LUST Incident No. 20030495

LUST Technical File

Dear Mr. Norgart:

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

Pl~inBudi.~ct(budget)

submitted for the above-referenced incident. This budget, dated November

13. 2L103. was received b~’the Illinois EPA on November 18, 2003. Citations in this letter are~

ir~inthe Environmental Protection Act (Act). as amended by Public Act 92-0554 on June 24,

2()()2.

and 35 Illinois Administrative Code (35 III. Adm. Code).

The bLldget is denied for the following reason:

S5. II S.0() deduction in Personnel Costs. Costs for corrective action activities and associated

nijtcri~ilsor ser~ices exceeding the minimum requirements necessary to comply with Title XVI

olthc Act arc uieligihle for payment from the Fund (Section

57.5(a)

ofthe Act and 35 Ill. Adm,

Code

2~(o)).

The Illinois EPA has reviewed the activities to be completed as part ofthe plan and made the

above overall cut so that the approved amount of personnel costs is reasonable for the tasks

involved. It was determined that the total amount approved for personnel costs should be

sufficient to accomplish the tasks involved. While the number ofhours or type ofpersonnel

expected to complete the proposed activities is not specified, a reasonable total amount is

specified. Flow a consultant chooses to use this amount (type ofpersonnel used and number of

hours) is discretionary so long as the approved total amount is not exceeded and the personnel

hourly x~ai.~esarc reasonable.

s..

‘it

(847) 2’~4-4O0(I

L ~..•

I’ ~

“a”

\ L ~

Champaign, IL 61820—12171 278-5800

Si ‘.

it..4.’’

~sth

~‘r,-

‘:t’ —

nsvilie, IL 62234— (618) 346-5120

P~r~.iin,,’.

Rcvcitn PAPER

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. Ifthe 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 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 ~\‘estRandolph, Suite 11-500

Chicago, IL 60601

312/814-3620

For inloniiation regarding the filing of an extension, please contact:

Illinois Environmental Protection Agency

Division of Legal Counsel

(C I North Grand Avenue East

Post Office Box 19276

Sprin~field.IL 62794-9276

21 T 7S2-5544

nvironmentat

From Springfield

Regional

Office

Certified Mail: 7000 0520 0015 7111 2060

1’~ovember13, 2003

Illinois Environmental Protection Agency

Leaking Underground Storage Tank Section

Attn: Scott McGill

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

Re:

Site Investigation

Plan and Budget

LPC #1050605089

—

Livingston County

PontiaciPontiac Casey’s Inc.

703 EastHoward Street

LUST Incident No. 20030495

LUST Technical File

Dear Mr. McGill:

This letter is a specific request for reconsideration of the budget reductions enumerated in your

October 10, 2003 letter.

Our concerns center on the ‘$5,118.00 for excessive personnel costs’, reduction. We feel that the

costs set forth in the original budget, submitted on September 19, 2003, are appropriate to

adequately undertake the plan as approved by your office.

Our office has made repeated attempts to contact you regarding questions we have, relative to the

approved Site Investigation Plan and Budget, referenced above. We consider the budget

reductions to the personnel costs, to be significant and unwarranted. We question, where, in

particular, these reductions have been made. We take great care in the preparation of our budget

proposals and are confident that they represent a reasonable cost to carry out the work effort as

described in the Site Investigation Plan.

Corporate Office

Regional Office

8500 Georgetown Road

3700 W. Grand Ave. Ste. A

410 Production court

Indianapolis,

Indiana

46268-1647

SpringfieidjL

62707

LouIsville,

KY 40299

American Environmental Corporation requests that the Agency allow us to further discuss the

costs associated with this project, and, if necessary, provide justification in support of our

proposed budget.

If you need additional information, please contact me at (217) 585-9517.

Please send

correspondence regarding this site to me at the Springfield address below.

Sincerely,

AMERICAN ENVIRONMENTAL CORPORATION

James R. Nelson, P.G.

Proj ectManager

pc:

Gleim Norgart, Casey’s General Stores, Inc

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

7002 3150 0000 1224 8522

OCT

1O21~ -

Casey’s General Stores, Inc.

Attn: Glen Norgart

One Convience Blvd.

Ankeny, Iowa 50021

Re:

LPC #1050605089

Livingston County

Pontiac/Pontiac Casey’s, Inc.

703 East Howard St.

LUST Incident No. 20030495

LUST Technical File

Dear Mr. Norgart:

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

Plan (plan) submitted for the above-referenced incident. This plan, dated September 19, 2003,

was received by the Illinois EPA on September 22, 2003. Citations in this letter are from the

Environmental Protection Act (Act), as amended by Public Act

92-0554

on June 24, 2002, and

35 Illinois Administrative Code

(35

Ill. Adm. Code).

The Illinois EPA has determined that the activities proposed in this plan are appropriate to

demonstrate compliance with Title XVI ofthe Act (Sections

57.7(a)(1)

and 57.7(c) of the Act

and 35 Iii. Adm. Code 732.503(b)). Therefore, the plan is approved.

In addition, the budget is modified pursuant to Sections

57.7(a)(2)

and

57.7(c)

ofthe Act and 35

Ill. Adm. Code 732.503(b). Based on the modifications listed in Section 2 ofAttachment A, the

amounts listed in Section 1 ofAttach.ment A have been approved. Please note that the costs must

be incurred in accordance with the approved plan. Be aware that the amount ofreimbursement

may be limited by Sections

57.8(d), 57.8(e)

and

57.8(g)

ofthe Act, as well as 35 Ill. Adm. Code

732.606(s) and 732.611.

ROCKFORD —4302

North

Main Slreet, Rockford, IL 61103

—

(815) 987-7,760.

•

DES PLAINES

—

9511

W. Harrison St., Des Plaines, IL 60016— (847) 294-4000

ELGIN —595 South State, Elgin, IL 60123— (847) 608-3131

•

PEORIA —5415 N. University St., Peoria, IL 61614— (309) 693-5463

BUREAU OF LAND

PEORIA

—

7620 N. University St., Peoria, IL 61614—1309) 693-5462

•

CHAMPAIGN —2125 South First Street, Champaign, IL 61820— (217) 278-5800

SPRINGFIELD —4500 5. Sixth. Street Rd., Springfield, IL 62706 —(217) 786-6892

•

COLLINSvIU.t —2009 MalI Street, CoIIinsviIle, IL 62234

—

1618) 346-5120

MARION

—

2309 W. Main St., Suite 116, Marion, IL.62959 —(618) 993-7200

0,~-..~, .~‘,

Attachment A

Re:

LPC # 1050605089 -- Livingston County

Pontiac/Pontiac Casey’s, Inc.

703 East Howard St.

LUST Incident No. 20030495

LUST Technical File

Citations in this attachment are from the Environmental Protection Act (Act), as amended by

Public Act 92-0554 on June 24, 2002, and 35 Illinois Administrative Code (35 Ill. Adm. Code).

SECTION 1

As a result ofthe Illinois EPA’s modification(s) in Section 2 ofthis Attachment A, the following

amounts have been approved:

~$4,703.44

Investigation Costs

$1,020.00

Analysis Costs

$9,300.00

Personnel Costs

v’

$615.00

Equipment Costs

‘

i/$

1,365.84

Field Purchases and Other Costs

‘/$735.71

Handling Charges

SECTION 2

$5,118.00 for excessive personnel costs. These costs are for activities in excess of those

required to meet the minimum requirements of Title

X\TI

ofthe Act (Section 57.7(c)(3)

ofthe Act and 35 Ill. Adm. Code 732.505(c) and 732.606(o)).

nvironmental

From

Springfield Regional Office

March 3, 2004

Illinois Environmental Protection Agency

Attn: John Kim

Division ofLegal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

Re:

Request for Extension for Petitioning theIPCB

LPC #1050605089

—

Livingston County

Pontiac/Pontiac Casey’s Inc.

703 East Howard Street

LUST Incident No. 20030495

LUST Technical File

Dear Mr. Kim

Casey’s General Stores, Inc., requests that the Agency join them in requesting a 90-day extension

to the 35-day deadline for filing a petition for a hearing before the Illinois Pollution Control

Board (IPCB). This request is being made to preserve Casey’s right to appeal the Agency

decision contained in a October 10, 2003 letter and a subsequent Agency letter datedJanuary 29,

2004, regarding, Casey’s Site Investigation Plans and Budgets for the above referenced LUST

incident. Copies ofthe letters are attached.

The additional time is needed for American Environmental to submit information and a request

for the Agency to reconsider some of their budget deductions. If necessary, we will also meet

with the Agency in an effort to resolve the issues without the need to submit a formal petition

request.

Please take the necessary action to file this extension request before the 35-day appeal time

expires on March 4, 2004. Ifyou need additional information, please advise.

Sincerely,

AMERICAN ENVIRONMENTAL CORPORATION

~-‘---~-‘~--

/‘

James R. Nelson, P.G.

ProjectManager

pc:

Glenn Norgart Casey’s General Stores Inc

Enclosure

Corporate Office

Heglonal Uthce

Regional Office

8500 Georgetown Road

3700 W. Grand Ave. Ste. A

410 Production Court

Indianapolis, Indiana 46268-1 647

Springfield, IL 62707

Louisville, KY 40299

7-871-4090

217-585-9517

502-491-0144

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on March 5, 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

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

James R. Nelson, P.G.

American Environmental Corporation

3700 West Grand Avenue

Suite A

Springfield, IL 62707

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

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)