JUN 22 2004
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARDP01STATElution
OFControjILUNOISBoard
SG Supply Company,
)
)
)
Appeal No.
~
V.
)
)
LUST Appeal
LUST Incident No. 20011086
NOTICE OF FILING
To;
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Steven J. Murawski, Esq.
Sasha M. Engle, Esq.
GARDNER CARTON & DOUGLAS LLP
191 North Wacker Drive
Suite 3700
Chicago, IL 60606
(312) 569-1000
Ms. Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100W. Randolph
-
Suite 11-500
Chicago, IL 60601
CLERK’S OFFICE
Petitioner,
)
Illinois Environmental Protection Agency,
Respondent.
)
)
)
PLEASE TAKE NOTICE
that on Tuesday, June 22, 2004, the undersigned filed with
the Office of the Clerk ofthe Pollution Control Board the Petitioner’s
Request for Extension of
Time to Appeal LUST
Decision, copies ofwhich are attached hereto and herewith served upon
you.
By:
______
ne ofthe Atto
s for
SG Supply Company
THIS FILING IS SUBMITTED ON RECYCLED PAPER
CLERK’S
~
JUN22 2004
STATE OF
IL
BEFORE THE ILLINOIS POLLUTION CONTROL BOARWoIIutjon
Controj~~.
SG Supply Company,
)
)
Petitioner,
)
)
AppealNo.
~
V.
)
)
LUST Appeal
Illinois Environmental Protection Agency,
)
LUST Incident No. 20011086
)
Respondent.
)
REQUEST
FOR EXTENSION OF TIME TO APPEAL LUST DECISION
Petitioner SG Supply Company (“SG Supply”), by and through its counsel, Gardner
Carton & Douglas, LLP, respectfully requests an extension oftime to file an appeal ofa final
decision issued by the Illinois Environmental Protection Agency (“Illinois EPA”) to SG Supply
related to LUST Incident Number 20011086. This request is made pursuant to Sections 40 and
57.7(c)(4)(D)
ofthe Illinois Environmental Protection Act and 35 Illinois Administrative Code
105 .406, which allow an applicant to request an additional period oftime, not to exceed 90 days,
beyond the 35-day period for petitioning the Illinois Pollution Control Board (“Board”) for a
hearing. The Illinois EPA’s final decision was issued on May 18, 2004, and the 35-day appeal
period will expire on June 22, 2004. (The May 18, 2004 decision is attached as Exhibit A.)
By letter dated June
15,
2004, SG Supply requested Illinois EPA’s agreement for an
extension oftime to appeal the Agency’s LUST decision. (The June
15,
2004 letter is attached
as Exhibit B.) SG has not received a response from the Agency and, accordingly, has no
information on the Agency’s position regarding SG Supply’s request for an extension of time.
SG Supply is requesting this extension to allow additional time for discussion between
the Illinois EPA and SG Supply ofcertain proposed Lust Fund Reimbursement costs that the
Agency denied. Specifically, in its final decision, the Illinois EPA denied “$23,820.00 for
proposed concrete replacement” and “$68,680.00 for sewer line repair, water line repair, gas line
repair, fence replacement, removal and installation ofstorage racks, and shoring ofsewer line.”
While the Illinois EPA asserted that the costs did not meet the eligibility requirements for
accessing the Fund because the costs allegedly are not associated with “corrective action” as
defined by the rules, SG Supply and its contractors are evaluating whether the Agency’s position
is contradicted by the regulations and prior awards from the Fund.
SG Supply requests this extension so that it has ample time to reevaluate the corrective
action necessary to appropriatelyremediate the facility and to evaluate what specific actions
should be reimbursed according to the rules. Furthermore, SG Supply believes that this short
extension oftime will allow it to contact the Illinois EPA to potentially resolve any
misunderstanding by the Agency about SG Supply’s proposed High Priority Correction Action
Plan; these discussions may eliminate the need for a hearing in this matter. Finally, if the parties
cannot come to an agreement on allowable costs, the extratime will allow the parties to identify
and limit the issues to be addressed at any hearing that may be necessary to address the Illinois
EPA’ final decision.
WHEREFORE, SG Supply Company respectfully requests that the Illinois Pollution
Control Board grant a 90-day extension of time, to September 20, 2004, for SG Supply to appeal
the Illinois Environmental Protection Agency’s LUST decision related to LUST Incident
Number 20011086.
2
Respectfully submitted,
SG SUPPLY COMPANY
By:
______
e ofTheir
omeys
Steven J. Murawski, Esq.
Sasha M. Engle, Esq.
GARDNER CARTON & DOUGLAS LLP
191 North Wacker Drive
Suite 3700
Chicago, IL 60606
(312) 569-1000
CHO2/ 22321529.1
3
CERTIFICATE OF SERVICE
The undersigned states that she caused a copy ofthe
Request for Extension ofTime to
Appeal LUST Decision
to be delivered via messenger delivery this 22’~”day ofJune, 2004 to the
following:
Ms. DorothyGunn
Clerk
-
Illinois Pollution Control Board
100 W. Randolph Street, Rm 11-100
Chicago, IL 60601
and delivered via certified United States Mail, return receipt requested, on this 22~day of June,
2004 to the following:
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
aM.Engle ~
Steven J. Murawski, Esq.
Sasha M. Engle, Esq.
GARDNER CARTON & DOUGLAS LLP
191 North Wacker Drive
Suite 3700
Chicago, IL 60606
(312) 569-1000
ILUNOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NoRm GRAND
Av~Nu~!AS~r,
P.O. øox 19276,
S?~iNc~,!LD,
ILLINOI3
62794-9276, 217-782-3397
JAMEs
R.
THOMPSON CENTER,
100
W8T RANDOLPH,
SurrE
I
1-~O0,CHIcAGo,
IL 60601, 312-8146026
ROD
R.
BLAGOJEVICH,
Gov~NoR
RcwE~
CIPRIANO, PIRaCTOR
2171782-6762
.,.
.
~
MAIL
~
.
7D~~
3~50OflUD
125?
553?
SG
Supply
Dwight Delecuw
12900 South Throop Street
Calumet Park, IL 60827
Re:
LPC ~0310420006
--
Cook County
Calumet
Park/SG Supply
12900 South Throop Street
LUST Incident No. 20011086
LUST TeclmicaWile
Dear Mr. I)eleeuw:
The Illinois Environmentsl Protection
Agency
(JUluo~sEPA)ha~reviewed the Bigh Priority
CorrectiveAction Plan (plan) submitted for the above-referenced Incident. This plan, dated
March 3, 2004, was received by the Illinois EPA
on
March
15,
2004. Citations Inthis letter arc
from theEnvironmental Protection Act (Act) and 35 Illinois Administrative Code
(35111,
Adm.
Code).
Pursuantto section 57 7(c)(4) oftheAct and35111. Adni.
Code 732
405(c),
theplan ~sapproved.
• The activities proposedIn the plan arc appropriate to demonstrate compliance with Title XVI of
the Act and
35
IlL Mm. Code 732. Please note that all activities associated with the reinedlatlon
ofthisrelease proposed In the plan must be executed In accordance with all applicable regulatory
and statutory requirements, including compliance with theproper permits.
in addition, the budget for theHigh Priority Corrective ActionPlan
is
modifiedpursuant to
Section
57,7(c)(4)
oftheAct and35111. Adin. Code 732.405(c). Based on themodtflcatlons
listed In Section 2 ofAttachmentA, the amounts listed in Section 1 ofAttachim~ntA ~
approved. Please note that the costs must be incurred in accordance with the approved plan. Be
aware that the amount ofreimbursement may be limitedby Sections 57.8(e), 57.8(g) and 57.8(d)
ofthe Act, as well as
35311.
Adm. Code 732.604,732.606(s), and 732.611,
Please note that, iftheowner or operator agrees with the IllinoisEPA’s modiflcations~submittal
ofan amendedplan and/or budget, i~applicable, is not required (Section
57.7(c)(4)
ofthe Act
and35111. Mm. Code 732.503(f)); Additionally, pursuant to Section 57.8(a)(5) ofthe Act and
35111.
Adm. Code 732.405(e).!!reimbursement will be sought forany ~ddltionalcosts that may
be incurred as aresult of theIllinois
EPA’s
modifications, an amendedbudget must be submitted.
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South First Street
Champaign IL 618
EXHIBIT
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Page 2
NOTE: Amended plans and/or budgetsmust be submitted and approved prior to the issuance of
aNoFurther Remedlation (NFR) Letter. Costs associated with aplan or budget that have not
been approved prior to the issuance ofan NW Letter will notbe reimbursable.
Allfuture correspondence must be submitted to:
Illinois Environmental Protection Agency
Bureau ofLand-#24
Leaking UndergroundStorage Tank Section
1021
North Grand Avenue East
Poát omce
Box 19276
Springfield, IL~62794-9276
Please submit all correspondence In duplicate and Includethete:~blockshown a; thebeginnhig
ofthis letter.
An underground storage tank system owner
Qt
operator may appealthis decision to theIllinois
Pollution Control Board. Appeal rights are attached.
Ifyou have any questions orneedIiirther assistance, please contact Scott Bothering at
217-785-
1858.
Sincerely,
Cejy.~J
oCcJh~t~
Clifford L. Wheeler
Unit
Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau
of
Land
CLW:SRRV2001
1086
Attachment: A
c:
Leyden Environmental, Inc.
Division Pile
Attaehment A
Re:
LPC #0310420006
—
Cook
County
Calumet Park/SO Supply
12900 SouthThroop Street
LUST
Incident
No. 20011086
LUST
Technical File
Citations in this attachment are from the Environmental Protection Act (Act) and
35
Illinois
Administrative Code
(35 111. Mm. Code).
SECTION 1
As a
result
ofthe
Illinois
EPA’S modi5catlon(s)
In
Section 2 of
this AttachmentA, the following.
amounts
are approVCd4
$0
IirvestlgatlonCosts
$7,800.00
Analysis Costs
$31,940.00
Personnel
Costs
~‘
$2,000.00
Equipment
Costs
$197,326.00
Field
Purchases and
Other
Costs
$11,097.00
Handling
Charges
SECTIOJU
1.
$23,820.00
for Concrete Replacement.
These costs are for activities In excess ofthose
necessary to meet the
minimumrequirements ofTitleXVIofthe Act (Section57.5(a) of
the Act)
and35111. Mm. 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 arenot eligiblefor payment from the Fund
(35
IlL
Mm. Code 732.606(o)). In addition, these costs are not corrective action costs.
Coxiective action’ means an activity
associated
with compliancewith the provisions of
Sections
57.6
and 57.7 ofthe Act (Section57,2 ofthe Actand
35
Ill. Adm.
Code
732.103). One
ofthe
elglbtlity requirements for accessing the Fund is that costs are
associated with “corrective
action.” (Section
57.9(a)(7) ofthe Act)
Piers, curbs are
not reimbursable, Oily
one surface cantype can
be
replaced per
area,
asphalt
replacementis
requested
for the
same
area as the concrete
surface replacement.
PA
2.
$68,680.00
for
Sewer
line repair, water line repair, gas flue repair,fence
replacement,
removal
and reinstallation
of
storage racks, and shoring
of sewer
line.
These
costs are for
activities in excess ofthose necessary
to
meetthe minirniun requirements ofTitle XVIof
the Act
(Section
57.5(a)
ofthe Act) and 35 Dl, Mm. Code 732 (Section732.505(c)).
Costs
for
corrective action activities and associated materials or services exceeding the
minimum
xequirements
üecessaq tocomply with the Act are
not
eligible
for payment
from the Fund
(35
lii. Mm. Code 732.606(o)). Tn addition, these costs are not corrective
action costs. “Corrective action” means an activity associated with compliancewith the
provisions of
Sections
57.6
and
57.7 of the
Act(Section57.2 ofthe
Act
and
35 JR.
Mm.
Code 732.103).. One ofthe eligibility requirements for
accessingthe
Fund Is that costs
are associated with “corrective action.” (Section
57.9(a)(7)
of the Act)
Ad
~
Appeal
Rtghts
Anunderground storage tank owner or operator may appeal this final
decision
tothe Illinois
PollutionControl Board pursuant to Sections 40 and
57.7(c)(4)(D)
ofthe Act by filing a petition
for a
bearing within 35 days after the dec of Issuance ofthe t~naldecision. flowever, the 35-day
period
may be extended for
a
period oftime not toexceed90 days by written notice from the
owner or operator and the
IllinoisEPA
within the Initial 35-day appeal period, if the owner or
operator wishes to
receive a 90-day extension, a written request that inclu4es a statement ofthe
date the final decision was received, along with a copy ofthis decision, must be sent tothe
Illinois EPA as soon as possible.
For Information regardingthe filing ofan appeal, please contact:
Dorothy Gunn, Clerk
Illinois Pollution ControlBoard
State ofIllinois
Center
100 West Randolph, SuIte 11-500
Cbicago,L 60601
312/814-3620
For
information regardingthe filing ofan extension, please contact:
Illinois
Environmental Protection Agency
Division ofLegal Counsel
1021 North Grand Avenue East
Post Office
Box
19276
Springfield, U1 62794-9276
2171782-5544
I
GC D
191 N.
Wacker Drive, Suite 3700
Gardner Carton & Douglas
Chicago, Illinois 606061698
Washington, D.C.
lel 3125691000
F~c
3125693000
STEVEN i. MURAWSKI
www.gcd.com
WoM~’~up
(312) 569-1445
a global netv~c~fr
Fax: (312) 569-3445
firTTflIOCaId~
°~
~
smuruw5lu~’gw.COm
37
IrIs,
June
15,
2004
By Facsimile (217) 782-9807
and OverniRht Mail
illinois
Environmental Protection Agency
Division of
Legal
Counsel
1021 N.
GrandAvenue East
P.O. Box 19276
Mail
Code2l
Springfield, illinois 62794-9276
Re:
SGSupply, 12900 South Throop
Street,
Lust IncidentNo. 20011086
Requestfor
Extension
ofTime to
File
Appealof
May
18, 2004 Decision
Dear Legal.Counsel:
SG Supply,
through
its legal counsel Gardner Carton &
Douglas
LLP, respectfully
requests that the illinois
Environmental Protection
Agency (“illinois EPA”)
grant
an extension of
time
to
file an appeal
ofa final decision
issued
bythe illinois EPA to SG Supply on May 18,
2004 related to the
above-referenced Lust Incident Number. This
request is made
pursuant
to
Sections 40
and
57.7(c)(4)(D)
ofthe illinois
Environmental
Protection Act, which allows an
extension ofthe time that
an
applicant can
petition the illinois Pollution Control Board (“Board”)
for a hearing
from
35
days to 90 days. The Illinois
EPA’s final decision was
issued on May 18,
2004,
and
the 35-day appealperiod will expire on June 22, 2004.
SO Supply is requesting that the illinois EPA agree to extend the period to allow
additional time
for
discussion
between the flilnois EPA and SG Supply of
certain
proposed
Lust
Fund Reimbursement costs that
the Agency denied. Specifically,in
its final decision,
the Illinois
EPA denied “$23,820.00 forproposed concrete replacement”
and
“$68,680.00 for sewer line
repair,
water
line repair, gas line repair,
fence
replacement,
removal
and installation
ofstorage
racks, and shoring ofsewer line.”
While
the illinois EPA asserted
that
the costs
did
not meet the
eligibility
requirements for accessing the Fund because the costs allegedly
are
not associated
with
“corrective action” as
defined
by the rules, SG Supply
and its
contractors
are evaluating
whether the Agency’s
position
is contradicted bythe regulations
and
prior awards from the Fund.
E~(!BI
Gardner
Carton & Douglas
up
B
illinois Environmental Protection
Agency
June
15,
2004
Page 2
SO Supply requests
this
extension so that it
has
ample
time
toreevaluate the corrective
action
necessary
to appropriately remediate the facility
and
to evaluate what specific actions
should be reimbursed accordingto the rules. Furthermore, SO Supply believes that
this short
extension of
time
will allow it to contact the
illinois
EPA to potentially resolve
any
misunderstanding
bythe Agency about SG Supply’s proposed High
Priority Correction Action
Plan;
these
discussions
may
eliminate
the need for a
hearing in this matter. Finally,
ifthe
parties
cannot
come to an
agreement on allowable costs, the extra time will
allow the
parties
to
identif~
and limit
the issues to be
addressed
at
anyhearing
that may be
necessary
to
address
the
illinois
EPA’
final
decision.
Thank
you for
your consideration, and please
let me
know ifyou need additional
information.
Very truly yours,
Steven
J(~1lrawski
cc:
Dorothy
Gunn,
Clerk,
IPCB
Dennis Carlin
Dwight Deleeuw
CHO2/223 19716.1
