SG SUPPLY,

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

V.

Petitioner,

Respondent.

RE~flFE~

CLER~

~

JUN 25 2OO’~

STATE OF IWNQ~3

PoLLution ControL Board

)

PCB No.

04-223

)

(LUST Appeal

—

Ninety Day Extension)

)

)

NOTICE

Steven J. Murawski

Sasha M. Engle

Gardner Carton & Douglas

191 North Wacker Drive

Suite 3700

Chicago, IL 60606-1698

PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution

Control Board a REQUEST FOR NThJETY DAY EXTENSION OF APPEAL PERIOD, copies of which

are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

Assisthnt 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: June 23, 2004

OF THE STATE OF ILLINOIS

---

BEFORE THE POLLUTION CONTROL BOARD

RECEIVED

CLERKS OFFICE

OF THE STATE OF ILLINOIS

j~j~

25200k

SG

SUPPLY,

)

STATE OF

ILLINOLS

Petitioner,

)

pollution Control Board

v.

)

PCB No. 04-22~

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

—

Ninety Day Extension)

PROTECTION AGENCY,

)

•

Respondent.

)

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 Illinois Pollution

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

(35)

day period forpetitioning for a

hearing to September 21, 2004, or any other date not more than a total of one hundred twenty-

five

(125)

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

the Illinois EPA respectfully states as follows:

1.

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

(Exhibit A)

2.

On June

15,

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

did not represent when the final decision was received. The Illinois EPA has discussed this

matter with counsel for the Petitioner, and the parties agree that the letter was received no earlier

than May 19, 2004. (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 identif~iissues and limit the scope ofany

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

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: June 23, 2004

This filing submitted on recycled paper.

2

---

ILLINOIS ENVIRO~4MENTALPROTECTION AGENCY

1021 NCRrH G~ANo

AviNut

bsr,

P.O.

Box

19276, SPVNG~W.D,

LwNo~s

627949276, 217-782-3397

~*~5 R. THo~soN

C~Nr~,

100 WEsT RANDOtPH,

Suni

11-300, CH~c~co,

IL

60601,312-814-6026

Roo

R.

BLAGOIEVIO-l,

Gov~RNoa

RENE!

CIPRIANO, DIRECTOR

217/782-6762

•.

CER’IL~DMAIL

~

.

SGSupply

Dwight

t)eleeuw

12900

South

Throop Street

Calumet

Park~

IL 60827

Re:

2C#0310420006-CookCoiinty

Calumet Park/SG

Supply

12900 SouthThroop Street

LUST

Incident

No. 20011086

LUST

Technical File

~eaxMr. Delecuw:

‘fl~e~DThIulS Envhonniental Protection Agency(illinois

EPA) ha~evlewedtheThgh Priority

CO1TCCiIVC Action

Plan (plan) submitted for theabove-referencedIncident This plan, dated

March

3,

2004, was received

by theThinois

EPA

on

March

15,

2004, CitatIons In this letter are

from the Environmental Protcction Act (Act) and

35

Thinpj~

Administrative Code

(35111.Mm.

Code).

Pqrsuattt to Section

57.7

(c)

(4)oftheAct and 35

Dl. Mm. Code

732.405(c),

the plan is approved.

The

activitics proposedin the plan are appropriate to demonstrate compliance with Title XVI

of

the Actand

35

DL Mm. Code

732.

Please note that all activities associated with the remedlatlon

ofthisrelease proposedin the plan must be executed Inaccordancewith all applicableregulatory

and statutory requirements, including compliance with the proper perthits.

In

addition,

the budget

for the HighPrlorlty Corrective Action Plan Is modifiedpursuantto

Section

57.7(c)(4) oftheAct

and

35111

Adm. Code 732,405(c). Basedon the liodlflcation3

listed In

Section

2 of

Att~c1im~ntA, the amountslisted in Section

1 of

Attachi~fl~rnt

A arc

approved.

Please note that the costs

must

be incurred in accordance with theapproved

plan. Be

aware that the amount

ofr

ibursament

maybelimited by Sections 57.8(e),

57.8(g)

and 57.8(d)

ofthe

Act, as well as

35

DI. Mm. Code 732.604,732.606(s), and

732.611.

Please

note that,

if

the owneroroperator agrees with theIllinois

EPA’s

modiflcati~ns,submittal

ofan amended

p1~nand/or budget, if applicable, Is not required(Section

57.7(c)(4)

ofthe Act

and

35 ill.

Adm. (~ode732,503(f)) Additionally, pursuantto Section

57.8(~)(5)

of the Act and

35 1)1. Mm.

Code

732.405(e), if

reimbursement will be sought for any ~ddItiona1costs that may

be incurred as a

result

ofthe

Illinois BPA’s modifications, an amended budgetmust be submitted.

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4302

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•

1~36

---

Page 2

NOTE: M~endedplans and/or budgets must be submitted and approved prior to the issuance

of

a No Further R

mediation (NPR) Letter. Costs associated with a

plan orbudget that have not

been approved prior tothe Issuance of

an

NPR Letterwill notbe

reimbursable.

All future correspondence must be submitted to:

illinois Environmental Protection Agency

Bureau

ofLand

-

4~24

Leaking Underground Storage Tank

Section

1021 North

Grand

Avenue East

Post

O~eeBox 19276

Springfield, IL, 62794-9276

Please submitall correspondence In duplicateand include theRe: blockshown at thebeg~nii~ng

ofthis letter.

An underground storage tank system owner

or

operatormay appeal this decision to the Illinois

Pollution Control Board. Appeal rights are attached.

Ifyou have any questions orneed further assIstance, please contact Scott Rotbering at 217-785-

1858.

Sincerely,

Clifford L. Wheeler

Utht Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau of

Land

CLW:SRR\2001

1086

Attachment: A

C:

LeydenEnvironmental1 Inc.

Division Pile

---

Attachment A

Re:

L?C#0310420006-CookCounty

Calumet

Park/SO

Supply

12900 SonthThroop Street

LtIST Incident No. 20011086

LUST Technical File

Citations in this attath.ment arc

from the

Environmental Protection Act (Act) and

35

Illinois

A~rnln~trativcCode (35111. Adm. Code).

S~C11ON1

As a result

ofthe

Illinois

EPA’S

modification(s) In Section 2

of

this Attachtn~ntA,

thefollowing.

amounts

are apprOve&

$0

Investigation

Costs

$7,800.00

Analysis Coats

$31,940.00

Personnel Costa

$Z000.00

Equipment Costa

$197,326.00

Pleld Purchases and Other Costs

$11,097.00

ilandling Charges

SECflON~

1.

$23,820.00for Concrete Replacement. These costs arc foractivities In excess

ofthose

necessary to meetthe r’ininlnm requirements

of

Title XVI

ofthe

Act (SectIon 57.5(a) of

the

Act) and

35 IlL Mm.

Code 732 (SectIon732.505(c)). Costs for corrective action

activities

and

associated materials

or

services exceedingthe minimum requirements

necessary to comply with the Act

arc

not eligible forpayment fromthe Fund

(35IlL

Mm.

Code 732.606(o)). In addition, these coats are not corrective

action

costs.

Corrective aciion’ means an activity associated with

compliance

with the provisions

of

Sections 57.6 and 57,7

of

the Act (Section 57.2

of

the Act and 35111. Mm. Code

732.103).

One

ofthe

eligibility requirements

for

accessingthe Fundis that costs are

associated with “corrective action.” (Section

57.9(aX7) ofthe Act)

Firs, curbs axe

not

reimbursable. Only one surface can type canbe replacedper area,

asphalt replacement

Is requestedfor the

same areaas the concrete surface replacement.

---

2.

$68,680.00

forSewerline repair, water line repair, gas lthn repair, fencereplacement,

removal and reinstaltation

of storage racks,

and shoring ofsewer line. The~~

costs arc for

activitiesin excess ofthose necessary to meet theminimum requirementsof

Title

XVI of

the Act(Section 573(a)

of

theAct) and 35 Ill. Adin. Code 732 (Section

732.505(c)).

Costs f~rcorrective action activities and associated materials orservices exceeding the

minimum requirements necessary toco~p~ywith the

Actare noteligible forpayment

from the

Fund

(35111. Adun. Code 732.606(o)). In addition,

these costs are

not

corrective

actioncosts. “Correctiveaction” means an activity associated with compliancewith the

provisions

ofSections 57.6 arid 57.7 oftheAct

(Section 57.2

oftheAct sad 35 11.1.

Mm.

Code

732.103).. One

ofthe eligibility requirements for accessingthe Fund Is that costs

are associated with “corrective action? (Section57.9(aX7)

ofthe

Act)

.~

---

ApRights

An underground storage tank

owner or

operator

may appeal this Th~aldecision to the

IBinois

Pollution Control

Board

pursuant to

Sectioni

40 and

57.7(c)(4)(D) of

the Act by sling a petition

for

a

hearing within

35

daysafterthe date ofissuance

of the

anal decision. ~owevcr,the 35-day

period may be extended fora period oftime not to exceed

90 days

by written notice

from the

owner oroperatorand the Illinois

BPA

within the Initial 35-day appeal peiioL Ifthe owner or

operator wishesto receive a 90-day extension, a written request that inclu4es a

st~m~mtofthe

date the finaldecisionwas received,

along with a copy

of this decision, must be sent to the

Illinois

EPA as soon as

possible.

For Information regardingthe

tiling

of

an appeal, pleasecontact

Dorothy Guan.

(~Lerk

Illinois Pollution ControlBoard

State ofIllinois Center

100 West Randolph, SuIte

11.500

Chicago,L ~O6o1

312/814-3620

For information regarding

thefiling ofan

extension, please contact

.

-

linoIs Environmental Pzoteetion Agency

Division

of

Legal Counsel

1021 NoxthOrandAvcnueBast

PostOffice Box

19276

Springfield,IL 62794-9276

217fl82-5544

---

G C D

191 N. Wacker Drive, Suite 3700

~

Gardner Carton & Douglas

Chicago, Illinois 60606-1698

f.

Washington, D.C.

STE”~

C

I

.

AAI IOA~AI 1(1

Tel

3125691000

Fox

3125693000

‘~7 ~

I

Wor~dLuwGroup

rnernbrrr

(312) 569-1445

gIobcrI

nntu,ork

Fax: (312) 569-3445

of

iednpendrrrrrt

smurawski@gcd.com

firrxs

bunted ri

37

countries

June

15,

2004

By Facsimile (217) 782-9807

R

and Overnight Mail

Division of Log& Coun~cl

Illinois Environmental Protection Agency

200

Division ofLegal Counsel

1021 N. GrandAvenueEast

P.O. Box 19276

Environmental Protection

Mail Code 21

-

Agency

Springfield, Illinois 62794-9276

Re:

SG Supply, 12900 South Throop Street, Lust Incident No. 20011086

Requestfor Extension of Time to File Appeal ofMay 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 of a final decision issued by the 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 appeal period will expire on June 22, 2004.

SG Supply is requesting that the Illinois EPA agree to extend the period 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

-ç~

~BIT

~

Gardner

Carton &

Douglas

rip

I,

~

~.

---

Illinois Environmental

Protection Agency

June 15, 2004

Page 2

SG Supply requests this extension so that it has

ample

time to reevaluate the corrective

action necessary to appropriately remediate

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 extra time will allow the parties to identify

and limit the issues to be addressed at any hearing that may be necessary to address the Illinois

Thank you for your consideration, and please let me know if you need additional

information.

cc:

Dorothy Gunn, Clerk, IPCB

Dennis

Carlin

Dwight Deleeuw

CHO2/ 223 197 16.1

Very truly yours,

Steven J

---

CERTIFICATE OF SERVICE

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

First Class Mail postage affixed thereto, upon the following

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Steven J. Murawski

191 North Wacker Drive

Chicago, IL 60606-1698

ILLiNOIS

ENVIRONMENTAL

PROTECTION AGENCY,

Res

Assistant Counsel

Special Assistant Attorney General

1021 North Grand Avenue, East

Springfield, Illinois 62794-9276

217/782-5544