MAC’S CONVENIENCE STORES, LLC,
)
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
)
Dorothy M. Gunn, Clerk
Kenneth M. Miller
Illinois Pollution Control Board
American Environmental Corporation
James R. Thompson Center
3700 West Grand Avenue
100 West Randolph Street
Suite A
Suite 11-500
Springfield,
IL
62711
Chicago, IL 60601
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
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: November 24, 2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE. OF ILLINOIS
C
~V~!~
CLERK’S
O~F~CE
~
2 ~
)
)
)
STATE OF
ILL
\~O~S
Po~ut~Ofl
ContrO’
Board
PCBNo.05-
(LUST Appeal
—
Ninety Day Extension)
NOTICE
CLERK’S OFFIöE
BEFORE THE POLLUTION CONTROL BOARD
~V
2 ~ 2O~4
OF THE STATE OF ILLINOIS..
°TATEO~
‘~
Po~ut~on
Contro’
Board
MAC’S CONVENIENCE. STORES, LLC,
)
Petitioner,
)
v..
)‘
PCB No.,
05-
J
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal
—
Ninety Day Extension)
PROTECTIONAGENCY,
)
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
ControlBoard (“Board”) grant an extension ofthe. thirty-five
(35).
day period for petitioning for a
hearing to February 24,.
2005,. or any. other date not more. than a total of one hundred twenty-five
(125).
days. from the. date. ofservice of the Illinois EPA’s.
final decision... In support thereof, the
Illinois EPA respectfully states as. follows:
1.
On October 21,.
2004,
the.
Illinois
EPA issued
a final decision to
the
Petitioner..
(Exhibit A)
,
,
2.
On November
11, 2004,
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..
The
earliest the. ‘final decision could have been
served upon the Petitioner was on
October 22,.
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 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 ENVIRONMENTALPROTECTION AGENCY,
Respondent
.
John J. Kim.
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: November 24, 2004
This filing submitted on recycled paper..
2
217/782-6762
Oct
2i2flW
NOV—24—2004
11:30
217782980?
217782980?
P.02/13
11/23/2004
23:24
2175859519
AEC
PAGE
02/13
ILLINOIS
ENViRONMENTAL
PROTECTION
AGENCY
1021
No~m
GftAND
AVEI’JUE
EAST,
P.O.
Box
19276,
SPRii~JGrlEw,
ILLINOIS
62794-9276, 217-782-3397
JAME.s
R.
THOMPSON CENT~k,100
WEST
RANDOLPH,
SUITE 11-300,
CHIcAGO,
1L 60601, 312-814-6026
ROD R.
BLAOOIEVICH,
GOVERNOR
RENEE CWIW~NO,DIREcToR
•
CERTIFIED MAIL
•
‘700a
&st
eooo’
~7
~sz’
Mac’s Convenience Stores
Affix: Matt MeCure
P.O.
Box 347
Columbus, Indiana
47202
Re:
LPC#1970155005--WillCounty
Braidwood/Macs Convenience Store
105
South Front Street
LUST Incident No. 20031894
LUST Technical File
Dear Mr. McCure:
The Illinois Environmental Protection Agency (Illinois EPA)
has reviewed the Site
Investigation
Plan
(plan) submitted forthe above-referenced incident.
This plan, dated June 21, 2004, was
received by the Illinois
EPA. on June 23, 2004.
Citations in this letter arc from the
Environmental Protection Act (Act), as amended by Public Act
92-0554
on June 24, 2002,
and
35
Illinois Administrative Code
(35 II.
Adm.
Code).
The plan and the associated budget are rejected for the reason(s) listed below
(Sections
57.7(a)
and
57.7(c)(4)
ofthe Act and
35 Ill. Adrn. Code 732. 503(1))).
The plan is rejected for the following reason(s):
1.
An UST system release has not been confirmed.
The 45-Day Report and Site
investigation Plan indicate the
USTs did not have
a release and refer to
tank tightness
testing conducted on March
10, 2003.
The length of time between the testing and the
incident
is too long to support tank tightness at the
time of the suspected incident.
Additional information received by Illinois EPA attributes the release to spills/overfilis~
However, there is no report
hf
a spill or overfill of the magnitude requiring the actions
taken.
‘2
The Plan does not include invcstigation of the area mo$t likely
to
be contaminated (he.
the UST field and systeni).
Thc plaii budget
is rejected for the following reason(s):
,~.,~
—
~
3ti~
Ni wiii
SI.,
iii
~.ii
i:i.’l,
Rr,cki,.,ril.
IL 1,1113
..
(:1151
9
H;irrisnn
SI.,
D~tsI’i,?inr$,
II
ti(li
lit,
—
l11’I ?(
211—1—iciOn
11dM
—
595
Sc’ulh
SInic.
EI~tin,II
6(1123
—
(*171
(,CiIl—,
‘SI.. Peori~IL &16
I
—
1311fl1 1,’33—5453
Ru
RL’MJ
1
.iigi
‘
fly
‘lilA
~,.
1,211 N~ I
niv&,r?
(‘
SI..
(‘uiirjn,
IL
1,11,14
—
III
Sotilli
F
ir~l
SI r~ol
Ch,imp,\is(ri.
II.
1,1 R20
...
2
I
2~
R• 56(1(1
519
b’y~rirI
I?
..
45111
5.
.Si.~
Ui
Si,wI i~rI..Spri,i
kid,
IL
1.2
7(11,
—
13
Miii
Sin:’
,i
Coil ili!.’.iIit.’, Ii.
(2234
—
11.1
(31
345.51
::n
M~ioi
~
—
2~iITh
w. M.iiri
943.720(1
EXHIBIT
NOU—24—2004
11:30
.
217782980?
217782980?
P.03/1.3
11/23/2004
23:24
•
2175059518
AEC
•
PAGE
63/13
Page
2
1.
Pursuant to Section
57.7
of the Act and 35
Ill. Adm. Code
732.503(b), the associated
budget is rejected for the following reason:
A full financial re’~iew
shall consist of a. detailed review ofthe costs
associated.with each
element necessary to accomplish the goals ofthe plan as required pursuant to the AS and
regulations.
Items
to
be reviewed shall include, hut not be limited to, costs associated
with any materials? activities, or services that are included in the budget plan.
The
overall goal ofthe financial review shall be
to assure that costs associated with materials,
activities, and services shall be reasonable, shall be consistent with the associated
technical plan, shall be
incurred in the performance ofcorrective action activities, and
shall not be used for cOrrective action activities in excess of those necessary to meet the
minimum requirements ofthe Act and regulations (Section 57.7(c)(3) ofthe Act and 35
Ill. Adm.
Code
732.505(c)).
Without an
approvable plan, the proposed budget bannot be fully reviewed.
In addition, the 45-Day Report was also reviewed in
conjunction with this report.
The 4S7Day
Report is rejected for thereason(s) listed in Attachment A (Section 57.7(c)(4) of the Act 35
Ill.
Adm.
Code
732.503(b)).
,
•
This action does not constitute any decision or determination regarding the timeliness of the
submittal of the 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.
If a release
is confirmed, the 45-Day Report items
listed
in Attachment A must be submitted
within 90 days ofthe date of this letter.
A request to
re-review the Site Investigation
Plan and
Budget submitted on June 23, 2004 should also he made at that time or a revised Site
Investigation Plan and Budget should
be submitted for review.
These items should 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.
NOU—24--2004
11:30
2177829807
2177829807
P.04/1.3
11/23/2884
23:24
2175859518
AEC
PAGE
64713
Page 3
An underground storage
tank
systemowner
or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached.
if yonthave any questionsor need further assistance, please contact Lizz Schwaflzkopfat
217/557-8763.
Sincerely,
‘~natryA.
Chappel, P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau ofLand
i-1AC:LS
Attachment:
Attachment A
Appeal Rights
c:
American Environmental Corp.
Division
File
NOV—24—2004
11:30
2177829807
.
2177829807
P.05/I.3
11/23/2004
23:24
2175859518
AEC
PAGE
85/13
Attachment A
Re:
LPC,1970155005
-~
Will County
•
Braidwood/Maes Convenience Store
105 South Front Street
LUST Incident No.
20031894
LUST Tcchnthal Pile
• Citations
in this attachment are from the Environmental Protection
Act (Act)
and
35
Illinois
Administrative Code (35 Ill. Adm. Code).
1.
Pursuant to 35 Ill. Adin. Code 732.202(d) or 73 1.163(a), 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 in 35
Ill. Adm. Code
•
732.202(a) and 732202(b) or35 Ill. Adm. Code 131.161
and 731.162.
This information
•
must include, but is not limited to, the following:
a.
Data on the nature and estimated quantity ofrelease;
b.
Data from available sources or site investigations concerning the following factors:
•
surrounding populations, water quality, use and approximate locations ofwells
potentially affected by the release, subsurface soil conditions, locations ofsubsurface
•
sewers, climatological conditions,
and land use;
c.
Results of the site check required at 35
lB. Adm. Code 732.202(b)(5) or
•
731.162(a)(5).
Section 732.202(b)(5) or 73l.l62(a)(5) of35
III. Adm. Code requires
that the owner or operator measure for the presence ofa release where contamination
•
is most likely to be present at the underground storage tank site, unless the presence
and source ofthe release have been confirmed in accordancewith regulations
promulgated by the Office of the State Fire Marshal.
In selecting sample types,
sample locations, and measurement methods, the owner or operator shall consider
the nature ofthe stored substance,
the type ofbackfill,
depth to groundwater, and
other factors, as appropriate, for identifying the presence and source ofthe release;
d.
Results ofthe free product investigations required at 35
Ill, Adm. Code
732.202(b)(6) or 731.162(a)(6),
to be used by owners or operators
to
determine
whether free product must be recovered under 35
III. Adm. Code 732.203 or
731.164.
Section 732.202(b)(6) or 731.i62(a)(6) of 35 Ill. Adm. Code requires
that
the owner or operator investigate to determine the possible presence of free product
and begin free product removal as soon as practicable and in accordance with
35
ill.
Adm.
Code 732.203 or 731.164.
The report fails to nieet the above requirements and, thereforç, the requirements of Section
57.6 of the Act
For the
Following reason(s):
NOV—24—2004
11:30
•
217792980?
•
217792980?
P.06/13
11/23/2004
23:24
2175859518
AEC
PAGE
06/13
•
2
The items listed above
have not been met.
Specifically:
•
I.
The nature and amount ofthe
release has not been investigated.
2.
The tank tightness test is not within an acceptable time frame to support
system tighuiess.
A
recent test is required to determine whetherthe system
•
has a leak.
3.
There is no documentation supporting spills
and overfills.
The activities
•
conducted to this point would
indicate the need for a spill or overfill to have
•
been reported to the Office ofthe State Fire Marshall (Title
41
Illinois
•
Administrative Code Part 170).
There is no indication that a spill/overfili of.
this magnitude was reported.
4.
Although the report indicates that a well survey was conducted, no
supporting documentation or maps indicating the well locations were
provided.
5.
It does not appear that
all subsurface structures were indicated.
Specifically,
•
pipelines to the pumps were not indicated.
6.
Although results of limited testing was provided, measurements for the
presence ofa release where contamination is most likely to be present at the
underground storage tank site was not conducted/provided.
Specifically the
areas surrounding the USTs and pumps have not been investigated.
These
same areasshould be
investigated for free product.
2.
Pursuant to 35
Ill. Adm. Code 732.202(d), owners or operators shall assemble information
about the site and the nature of the release,
including information gained while confirming
the release or completing the initial
abatement measures in 35 Ill. Adm. 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 ofthe State Fire Marshal,
the owner or operator shall remove as much ofthe
petroleum from the UST system as is necessary to prevent fUrther release into the
environment (35
ill.
Adrn. 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.
HAC:LS
NOV—24—2004
11:30
21??82980?
21??82980?
P.0?/t3
11/23/2004
23:24
2175659518
AEC
•
PAGE
07(13
Appeal Rights
An underground
storage tank owner or operator mayappeal 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 maybe extended for a period oftime not to exceed 90 days by written notice from the
owner oroperator and the Illinois EPA within the initial 35-day appeal period.
Ifthe owner or
operatorwishes
to
receive a 90-day extension, a written request that includes a statement of the
datethe final decision was received, along with
a copy ofthis decision, must be sent to the
Illinois EPA as soon as possible,
E~or
information regarding the filing Of an appeal, please contact:
Dorothy (3urm,
Clerk
Illinois Pollution Control Board
State ofIllinois Centef
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 Avenue East
Post Office Box
19276
Springfield, IL
62794-9276
217/782-5544
_____
American
~
Environmental
From
Springfield Regional Office
November 11,2004
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 the IPCB
LPC#1970155005 —Will
County
Mac’s Convenience Store #186- Braidwood/Mac’s Convenience Stores LLC
105 South Front Street
LUST Incident No. 20031894
American Environmental Project Number 237021
Dear Mr
Kim
Mac’s
Conyenienpe
Stores
LLC
(“Mac’s”),
requests
that the
Illinois
Environmental
Protection
Agency (“Agency”)join them in requesting a 90-day extensionto the 35-day deadline for filing a
petition for a
heating
before’the Illinois Pollution Control Board (“IPCB”).
This request is being
made to preserve Mac’s right to
appeal
the
Agency
decision contained
in
an October
21, 2004
letter regarding ~aJune
21,
2004
Site
Investigation
Plan
and
Budget
for the
above
referenced
LUST incident.
A copyofthe Agency letter is attached.
The additional time is needed for the Agency to review additional information submitted today by
American
Environmental
and
reconsider their rejection of the
plan
and
associated budget.
If
necessary,
we will participate
in
a teleconference
and/Or 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 November 25, 2004.
Ifyou need additional information, please advise.
Sincerely,
•
~~AN~74MENTAL
CORPORATION
.~.
KennethM
Miller, P E
,
P G
Regional Manager
:.:
pc:
.
Kevin
Merritt,
Mac’s
Convenience Stores
LLC
Jacob Smith(cover letter
only)
Enclosure
Corporate
Office
Regional
Office
RECEIVED
Division of Legal Couna~I
NOV
i62OO~
Environmental
Protection
Agency
EXHIBIT
8500
Georgetown
Road
Indianapolis,
Indiana 46268-1647
317-871-4090
317-871-4094
Fax
Regional Office
410 Production Court
Louisville,
KY 40299
502-491-0144
502-491-9271
Fax
3700W Grand Ave. Ste. A
Springfield,
IL 62711
217-585-9517
217-585-9518 Fax
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on November 24, 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
.
Kenneth M. Miller
Illinois Pollution Control Board
American Environmental Corporation
James R. Thompson Center
3700 West Grand Avenue
100 West Randolph Street
SuiteA
Suite 11-500
Springfield, IL
62711
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
R~Z~t~TTh
JohnJ.Kim
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)
