RECEIVED

CLERK’S OFFICE

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

Pollution Control Board

V.

PAUL PHELAN,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Dorothy M. Gunn, Clerk

flhinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Petitioner,

Respondent.

)

)

PCBNo.04-

I

)

(LUST Appeal

—

Ninety Day Extension)

)

NOTICE

Matt Cherry, Project Manager

United Science Industries

P.O. Box 360

6295

East fllinois Highway 15

Woodlawn, IL 62898-0360

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

John J.

Assistant

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: April 23, 2004

---

RECEIVED

CLERK’S OFFICE

BEFORE THE POLLUTION CONTROL BOARD

APR

272004

OF THE STATE OF ILLINOIS

PollutionSTATE

OFControlILLINOIS

Board

PAUL PHELAN,

)

Petitioner,

)

V ~

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)(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 July 22, 2004, or any other date not more than a total of one hundred twenty-five

(125)

days from the date of service of the Illinois EPA’s final decision. In support thereof, the

Illinois EPA respectfully states as follows:

1.

On March 18, 2004, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

2.

On April 13, 2004, the Petitioner made a written reque~tto 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

represented that the final decision was received on March 19, 2004. (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

~

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: April 23, 2004

This filing submitted on recycled paper.

2

---

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. BLAGOJEVICH, GOVERNOR

RENEE CIPRIANO, DIRECTOR

217/782-6762

CERTIFIED

MAIL

7002 3150 0000 1255 7~l5~

MAR 18 2OQ~

Paul Phelan

406 West Carpenter Street

RJ~CE1V~~i

Jerseyville, IL 62052

1

MAR

i

9 REC’D

Re:

LPC #1174165009 —Macoupin County

BrightonlPaul Phelan (Wayne’s Service)

1008 North Main Street

LUST Incident No. 983046

LUST Technical File

Dear Mr. Phelan:

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority

Corrective Action Plan and High Priority Corrective Action Plan Budget submitted for the

above-referenced incident. The Illinois EPA received the plan and budget, dated September

2003, on November 17, 2003. Citations in this letter are from the Environmental Protection Act

(Act) and 35 Illinois Administrative Code (35 Ill. Adm. Code).

Pursuant to Section 57.7(c)(4) of the Act and 35 Ill. Adm. Code 732.405(c), the High Priority

Corrective Action Plan is approved with the assumptions listed in Attachment A. The activities

proposed in the plan (when taken in conjunction with the assumptions listed in Attachment A)

are appropriate to demonstrate compliance with Title XVI ofthe Act and 35 Iii. Adm. Code 732.

Please note that all activities associated with the remediation of this release proposed in the plan

must be executed in accordance with all applicable regulatory and statutory requirements,

including compliance with the proper permits.

Pursuant to Section 57.7(c)(4) ofthe Act and 35 III. Adni. Code 732.405(c), the High Priority

Corrective Action Plan Budget is modified. Based on the modifications listed in Section 2 of

Attachment B, the amounts listed in Section 1 ofAttachment B are approved. Please note that

the costs must be incurred in accordance with the approved High Priority Corrective Action Plan.

Be aware that the amount ofreimbursement may be limited by Sections 57.8(e), 57.8(g) and

57.8(d) ofthe Act, as well as 35 Ill. Adm. Code 732.604. 732.606(s) and 732.611.

If the owner or operator agrees with the Illinois EPA~smodifications. submittal of an amended

High Priority Corrective Action Plan and/or High Priol-itv Corrective Action Plan Budget is not

required (Section 57.7(c)(4) of the Act and 35 Ill. Mm. Code

732.503(f)).

If reimbursement will

be sought for any additional costs that may be incurred as a result of the Illinois EPA’s

R~

~ ~4D — 4302 North M1i1 n Street, Rocklord, IL 61 (13 —

(31 Si 9

— .595 South St1iIe. Elgin. IL 60323 —

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EXHIBIT’l,

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---

Page 2

modifications, an amended budget must be submitted (Section

57.8(a)(5)

ofthe Act and 35111.

Adm. Code 73

2.405(e)).

Amended plans and/or budgets must be submitted and approved prior

to the issuance of a No FiirtherRemediation (NFR) Letter. Costs associated with a plan or

budget that has not been approved prior to the issuance ofan NFR Letter will not be

reimbursable.

All future correspondence must be submitted 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

ofthis letter.

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 or need further assistance, please contact Trent Benanti at 2 17/524-

4649.

Sincerely,

Michael

T.

Lowder

Unit Manager

Leaking Underground Storage Tank Section

Division ofRernediation Management

Bureau of Land

I

MTL:TLB:H :Wrojects\Paul Phelan\Letter6.doc

Attachments: Attachment A (Assumptions Necessary To Approve The Plan)

Attachment B (Budget Modification Attachment)

Appeal Rights

C:

‘

United Science Industries. Inc.

Division File

---

‘I

Attachment A

Re:

LPC #1174165009—Macoupin County

Brighton/Paul Phelan (Wayne’s Service)

1008 North Main Street

LUST Incident No. 983046

LUST Technical File

The High Priority Corrective Action Plan is approved with the following assumptions:

1.

The remedial approach, proposed in the High Priority Corrective Action Plan, includes

the following elements: (a) removal of all accessible impacted soil (approximately 6,610

cubic yards), (b) removal ofa 30-foot by 30-foot canopy, (c) replacement ofgroundwater

monitoring wells destroyed during the soil removal, (d) collection of soil samples from

the walls and floor ofthe soil excavation, (e) collection ofone round of groundwater

samples following completion ofthe soil removal activities and (f) use of engineered

barriers and highway authority agreements to address the inaccessible impacted soil. The

performance of any activities beyond those described above (unless otherwise noted

below) is not approved at this time.

.

-

2.

The owner or operator will remove all accessible impacted soil, including all impacted

soil beneath the water table.

3.

Removal ofall impacted soil beneath the water table will reduce the concentrations of

indicator contaminants in the groundwater to Tier I levels.

4.

The owner or operator will not need to replace all seven of the groundwater monitoring

wells destroyed during the soil removal. The Illinois EPA believes that the replacement

ofthree groundwater monitoring wells (MW-I, MW-4 and MW-6) will be sufficient.

5.

The owner or operator will sample all ofthe accessible on-site and off-site groundwater

monitoring wells, including the replacement groundwater monitoring wells, no sooner

than 30 days following completion of the soil removal activities.

6.

The Illinois EPA may not approve the remedial approach, proposed in the High Priority

Corrective Action Plan, in the future. The Illinois EPA is granting approval ofthe

remedial approach on a trial basis in the interest ofmoving forward with this project.

7.

Costs related to biofeasibility testing. pathway exclusion testing (organic carbon content.

pH, etc...) and preparation of a full-scale groundwater remediation plan by Orin

Technologies will not be reimbursed until the owner or operator demonstrates that full—

scale groundwater remediation will be necessary.

IvITL:TLB:l—l :Projects\Paul Phelan\6a.doc

---

Attachment B

Re:

LPC #1174165009

—

Macoupin County

Brighton/Paul Phelan (Wayne’s Service)

1008 North Main Street

LUST Incident No. 983046

LUST Technical File

-

Citations in this attachm6nt are from the Environmental Protection Act (Act) and 35 Illinois

Administrative Code (35 Ill. Adm. Code).

SECTION 1

As a result ofthe Illinois EPA’s modifications in Section 2 of this Attachment B, the following

amounts are approved:

$

13,373.33

Investigation Costs

$

23,232.00

Analysis Costs

$

36,340.00

Personnel Costs

$

1,284.75

Equipment Costs

-

$509,961.12

Field Purchases and Other Costs

$

1,051.00

Handling Charges

Please note that additional information and/or supporting documentation may be provided to

demonstrate the costs are reasonable.

SECTION 2

1.

$335.00 for an adjustment in the investigation costs (drilling). The Illinois EPA has

determined that these costs are not reasonable as submitted (Section 57.7(c)(4)(C) ofthe

Act and 35 Ill. Adrn. Code 732.606(hh)). One of the overall goals of the financial review

is to assure that costs associated with materials, activities and services are reasonable

(35

Ill. Adm. Code 732.505(c)).

2.

$1,920.00 for an adjustment in the investigation costs (drilling). These costs are

inconsistent with the associated technical plan. One of the overall goals of the financial

review is to assure that costs associated with materials, activities and services shall be

consistent with the associated technical plan (35 Ill. Adrn. Code 732505(c)).

3.

$2.00 for an adjustment in the investigation costs (disposable camera). The Illinois EPA

has determined that these costs are not reasonable as submitted (Section 57.7(c)(4)(C) of

the Act and 35 III. Mm. Code 732.606(hh)). One of the overall goals of the financial

review is to assure that costs associated with materials, activities and services are

reasonable (35 lii. .Adm. Code 732.505(c)).

---

4.

$9.60 for an adjustment in the investigation costs (latex gloves). The Illinois EPA has

determined that these costs are not reasonable as submitted (Section

57.7(c)(4)(C)

of the

Act and 35 Iii. Adm. Code 732.606(hh)). One ofthe overall goals of the financial review

is toassure that costs associated with materials, activities and services are reasonable

(35

Ill. Adm. Code 732.5

05(c)).

5.

$195.00

for an adjustment in the investigation costs (VOA sample kit). The Illinois EPA

has determined that these costs are not reasonable as submitted (Section

57.7(c’)(4)(C)

of

the Act and 35 111. Adrn. Code 732.606(hh)). One ofthe overall goals ofthe financial

review is to assure that costs associated with materials, activities and services are

reasonable

(35

Ill. Adm. Code 732.505(c)).

6.

$313.50 for an adjustment in the investigation costs (monitoring well installation

materials). The Illinois EPA has determined that these costs are not reasonable as

submitted (Section 57.7(c)(4)(C) ofthe Act and 35 Ill. Adm. Code 732.606(hh)). One of

the overall goals ofthe financial review is to assure that costs associated with materials,

activities and servicesare reasonable (35 111. Adm. Code 732.505(c)).

7.

$1,260.57 for an adjustment in the investigation costs (monitoring well installation

materials). These costs are inconsistent with the associated technical plan. One ofthe

overall goals of the financial review is to assure that costs associated with materials,

activities and services shall be consistent with the associated technical plan

(35

Ill. Adm.

Code 732.505(c)).

8.

$160.00 for an adjustment in the analysis costs (moisture content, soil particle size, bulk

density, total organic carbon and pH). These costs are inconsistent with the associated

technical plan. One ofthe overall goals ofthe financial review is to assure that costs

associated with materials, activities and services shall be consistent with the associated

technical plan

(35

Ill. Adm. Code 732.505(c)).

9.

$232.00 for an adjustment in the analysis costs (PNA samples (soil)

—

preparation of

CAP). The Illinois EPA has determined that these costs are not reasonable as submitted

(Section 57.7(c)(4)(C) of the Act and 35 Ill. Adm. Code 732.60~(hh)).One of the overall

goals ofthe financial review is to assure that costs associated with materials, activities

and services are reasonable (35 III. Adm. Code 732.505(c)).

1 0.

$400.00 for an adjustment in the analysis costs (PNA samples (soil)

—

excavation &

disposal). The Illinois EPA has determined that these costs are not reasonable as

submitted (Section 57.7(c)(4)(C) ofthe Act and 35 Ill. Adm. Code 732.606(hh)). One of

the overall goals ofthe financial review is to assure that costs associated with materials,

activities and services are reasonable (35 III. Adni. Code 732.505(c)).

11.

$136.00 for an adjustment in the analysis costs (PNA samples (groundwater)

—

preparation of CAP). The Illinois EPA has determined that these costs are not reasonable

as submitted (Section 57.7(c)4uC) of the .Act and 35111. Adm. Code 732.606(hh)). One

ofthe overall 2oals 0 the financial review is to assure that costs associated with

materials, activities and services are reasonable (35 III. Adni. Code 732.505(c)).

---

12.

$260.00 for an adjustment in the analysis costs (BTEX samples (groundwater)

—

groundwater remediation). These costs are inconsistent with the associated technical

plan. One ofthe overall goals ofthe financial review is to assure that costs associated

with materials, activities and services shall be consistent with the associated technical

plan

(35

Ill. Adm. Code’732.505(c)).

13.

$640.00 for an adjustment in the analysis costs (PNA samples (groundwater)

—

groundwater remediation). These costs are inconsistent with the associated technical

plan. One ofthe overall goals ofthe financial review is to assure’that costs associated

with materials, activities and services shall be consistent with the associated technical

plan (35 Ill. Adm. Code 732.505(c)).

14.

$80.00 for an adjustment in the analysis costs (PNA samples (groundwater)

—

groundwater remediatiori). The Illinois EPA has determined that these costs are not

reasonable as submitted (Section

57.7(c)(4)(C)

ofthe Act and 35 Iii. Adm. Code

732.606(hh)). One ofthe overall goals ofthe financial review is to assure that costs

associated with materials, activities and services are reasonable (35 111. Adm. Code

732.505(c)).

15.

$174.00 for an adjustment in the analysis costs (heterotrophic plate count, dissolved

oxygen, biochemical oxygen demand and chemical oxygen demand). These costs are

inconsistent with the associated technical plan. One ofthe overall goals of the financial

review is ‘to assure that costs associated with materials, activities and services shall be

consistent with the associated technical plan

(35

Ill. Adm. Code 732.505(c)).

16.

$39,065.00 for an adjustment in the personnel costs. The Illinois EPA has determined

that these costs are not reasonable as submitted (Section 57.7(c)(4)(C) of the Act and 35

Ill. Adm. Code 732.606(lTh)). One ofthe overall goals ofthe financial review is to assure

that costs associated with materials, activities and services are reasonable (35 Ill. Adrn.

Code

732.505(c)).

17.

$90.00 for an adjustment in the equipment costs (imperial trailer— plume ID). The

Illinois EPA has determined that these costs are not reasonable as submitted (Section

57.7(c)(4)(C) ofthe Act and 35 Ill. Adni. Code 732.606(hh)). One ofthe overall goals of

the financial review is to assure that costs associated with materials, activities and

services are reasonable (35 111. Adm. Code 732.505(c)).

1 8.

$10.00 for an adjustment in the equipment costs (PID

—

plume ID). The Illinois EPA has

determinedAct

and 35 Ill.thatAdm.these Codecosts 732.606(hh)).are

not reasonableOneasofsubmittedthe

overall(Sectiongoals of57.7(c)(4)(C)the financial reviewofthe

is to assure that costs associated with materials, activities and services are reasonable (35

Ill. Adni. Code 732.505(c)).

19.

S0.25 for an adjustment in the equipment costs (imperial trailer

—

monitoring well

reinstallation). The Jllinois EPA has determined that these costs are not reasonable as

submitted (Section 57.7(c)(4)(C) ofthe Act and 35 III. Adni. Code 732.6’06(lili)). One of

the overall goals ofthe financial review is to assure that costs associated with materials,

activities and services are reasonable (35 Ill. Adm. Code 732.505(c)).

---

20.

$10.00 for an adjustment in the equipment costs (PD

—

monitoring well reinstallation).

The Illinois EPA has determined that these costs are not reasonable as submitted (Section

57.7(c)(4)(C) ofthe Act and 35 Ill. Adm. Code 732.606(hh)). One ofthe overall goals of

the financial revjew is to assure that costs associated with materials, activities and

services are reasonable

(35

Iii. Adm. Code 732.505(c)).

21.

$4.00 for an adjustment in the field purchases (disposable camera w/ processing). The

Illinois EPA has determined that these costs are not reasonable as submitted (Section

57.7(c)(4)(C) ofthe Act and 35 Ill. Adm. Code 732.606(lth)). One of the overall goals of

the financial review is to assure that costs associated with materials, activities and

services are reasonable (35 IlL Adm. Code 732.505(c)).

22.

$1 8.00 for an adjustment in the field purchases (latex gloves). The Illinois EPA has

determined that these costs are not reasonable as submitted (Section 57.7(c)(4)(C) of the

Act and 35 III. Adm. Code 732.606(hh)). One ofthe overall goals ofthe financial review

is to assure that costs associated with materials, activities and services are reasonable (35

Ill. Adni. Code 732.505(c)).

23.

$1,140.00 for an adjustment in the other costs (concrete replacement (4-inch)). The

Illinois EPA has determined that these costs are not reasonable as submitted (Section

57.7(c)(4)(C) ofthe Act and 35 Ill. Adm. Code 732.606(hh)). One of the overall goals of

the financial review is to assure that costs associated with materials, activities and

services are reasonable (35 Ill. Adm. Code 732.505(c)).

24.

$4,160.00 for an adjustment in the other costs (well abandonment). The Illinois EPA has

determined that these costs are not reasonable as submitted (Section 57.7(c)(4)(C) of the

Act and 35 Ill. Adm. Code 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

Ill. Adni. Code 732.505(c)).

25.

$2,000.00 for an adjustment in the other ‘costs (well abandonment). These costs are

inconsistent with the associated technical plan. One ofthe overall goals of the financial

review is to assure that costs associated with materials, activities and services shall be

consistent with the associated technical plan (35 Iii. Adni. Code 732.505(c)).

26.

$604.20 for an adjustment in handling charges. Handling charges are eligible for

payment only if they are equal to or less than the amount determined by the following

table (Section 57.8(g) ofthe Act and 35 Ill. Adm. Code 732.607):

Subcontract or Field

Eligible Handling Charges as a

Purchase Cost:

Percentage of Cost:

$0-S5,000

12

55.001 -$15,000

5600 plus 10 of amount over 55,000

‘51 5,001

-

550,000

51,600 ~l~s 8 of amount over $15,000

$50,001

-

$100,000

$4,400 plus 5 of amount c’verSSO.OOO

5100.001

-

51.000,000

56,900 plus 2 of amount over Sl00.000

~\“l1L:TLB:H :\Projects\Paul Phelan\6b.doc

---

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 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. 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 ofIllinois 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 ofLegal Counsel

1021 North Grand Avenue East

Post Qffice Box 19276

Springfield, IL 62794-9276

217/782-5544

---

6295 East Illinois Highway 15

April 13, 2004

Phone: (618) 735.2411

Fax: (618) 735-2907

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Springfield, IL 62792-9276

Re:

Brighton/Paul Phelan

1008 North Main Street

Mr. Kim:

United Science Industries, Inc. (USI), on behalf of our client, Mr. Paul Phelan, is

requesting a 90-day extension to the 35-day appeal period in regards to the

IEPA correspondence dated March 18, 2004 and received by Mr. Paul Phelan on

questions or comments concerning the above,

UNITED SCIENCE INDUSTRIES, INC.

~V1CiTC~2

Enclosures

I

.0.0

$

this matter,

If you have any

Division of Legal Counsel

APR 19

2OO~

Agency

UNITED SCIENCE INDUSTRIES

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on April 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 itt 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

Matt Cherry, 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,

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)