1. NOTICE
      2. REQUEST FOR NINETY DAY EXTENSIONOF APPEAL PERIOD
    1. APR 2 1 2OB~
      1. CERTIFICATE OF SERVICE
RANDALL INDUSTRIS,
Petitioner,
)
v.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
NOTICE
Randall Truckenbrodt
Randall Industries
741
South Route 83
Elmhurst,IL
60126
CLERWS OFFICE
BEFORE
THE POLLUTION CONTROL
BOARD
OF THE STATE OF ILLINOIS
M~4Y 2
92003
STATE
OF ILLINOIS
)
Pollution Control Board
PCBNo.03-
(LUST Appeal
—
Ninety Day Extension)
DorothyM. Gunn, Clerk
Illinois PQllution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
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.
Respectfullysubmitted,
ILLINOIS
ENViRONMENTAL
PROTECTION AGENCY,
Respondent
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)
Dated: May 27, 2003
RECE~VED
CLERK’S
OFFICE
BEFORE
TilE
POLLUTION CONTROL BOARD
M1’(
2
9
20U3
OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
Pollution
Contr
I
RANDALL INDUSTRIES,
.
)
~
DO(IrC!
Petitioner,
)
V.
•)
PCB No. 03-
~-(
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
Iii.
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
August
25,
2003,
or
any
other date not more than a total of one
hundred twenty-five
(125)
days from
April
21,
2003,
the
date of the
IllinQis
EPA’s final decision.
The
125th1
day
actually falls on
August
24,
2003,
a
Sunday.
The
next business
day
is
August
25,
2003.
In
support thereof, the Illinois EPA respectfully states as follows:
1.
On
April
21,
2003,
the
Illinois
EPA
issued
a
final
decision
to
the
Petitioner.
(Exhibit A)
2.
On May 27,
2003, the Illinois EPA received a written request from
Petitioner 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 Petitioner did not represent when the final decision was received.
(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 ofadministrative 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: May 27, 2003
This filing submitted on recycled paper.
2
ILLINO!S
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND
AVENUE EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL 60601
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
CERTIFIED MAIL
7002
2030
0001
1~22 7714
APR
2
1
2OB~
Randall Industries
741 South Route
83
Elmhurst, IL
60126
Re:
LPC #0430355036
—
Du Page County
Elmhurst/Randall Industries
741
South Route
83
LUST Incident Nos. 922987
and 942519
LUST Technical File
Dear
Mr. Truckenbrodt:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the second amendment to the
Site Classification Work Plan Budget
submitted for the above-referenced incident.
The second
amendment to the Site Classification Work Plan Budget, dated February 10,
2003, was received
by
the
Illinois EPA on
February 11, 2003.
Citations in
this letter are from the Environmental Protection
Act
(Act) and 35 Illinois Administrative Code (35 Ii!. Adm. Code).
The Illinois EPA is modifying the second amendment to the Site Classification Work Plan
Budgetpursuant
to 35 Iii.
Adm. Code 732.305(c) and Section
57.7(a)(1)
of the Act.
Based on the modifications
listed in
Section 2 of Attachment A, the amounts listed in Section
1
of Attachment A are approved.
Please note that the costs
must be incurred in accordance with the approved Site Classification Work Plan.
Be aware that the amount of reimbursemeu~
may be
limited.
~y Sections 57.8(e), 57.8(g)
and
57.8(d) of the
Act, as well as 35
Ill. Adm. Code 732.604, 732.606(s) and 732.611.
All future correspondence must be submitted to:
Illinois Environmental Protection Agency
Bureau of Land
--
#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 of this
letter.
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution
Control BQard.
Appealrights
are attached.
ROCKFORD
—4302
North Main Street, Rockford,
IL 61103
—
(815) 987-7760
•
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.
I Jnivercifv
SE
P,rj~
1614— (309) 693-5463
BUREAU OF
LAND
-
PEORIA
—
7620 N. University
St.a
~
t, Champaign,
IL 61820 —(217) 278-5800
SPRINGFIELD —4500
5.
Sixth Street
Rd.,
Sprir
nsville, IL 62234 —(618) 346-5120
—
217/782-6762
Page 2
If you have any questions or need further assistance, please contact Trent Benanti at 217/524-4649.
Sincerely,
Michael T. Lowder
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau
of Land
MTL:TLB :H:\Projects\Randall Industries\Letter4.doc
Attachments:
Attachment A (Budget Modification Attachment)
Appeal Rights
cc:
Marlin Environmental, Inc.
Division File
Attachment A
Re;
LPC #0430355036
—
Du Page County
Elmhurst/Randall Industries
741 South Route
83
LUST Incident Nos. 922987 and 942519
LUST Technical File
Citations in this attachment are from the Environmental Protection
Act
(Act) and 35 Illinois
Administrative Code
(35
111. Adm. Code).
SECTION
1
The original Site Classification Work Plan Budget was previously approved for:
$
6,629.00
Investigation Costs
$
970.00
Analysis Costs
$12,288.00
Personnel Costs
$
979.00
Equipment Costs
$
90.00
Field Purchases and Other Costs
$
978.90
Handling Charges
The first amendment to the Site Classification Work Plan Budget waspreviously approved for:
$
0.00
Investigation Costs
$
1,790.00
Analysis Costs
$
0.00
Personnel Costs
$
0.00
Equipment Costs
$
.
0.00
Field Purchases and Other Costs
$
179.00
Handling Charges
As a result of the Illinois EPA’s modifications in Section
2 of this Attachment A, the second amendment
to the Site Classification Work Plan Budget is approved for:
$
55.00
Investigation Costs
$
0.00
Analysis Costs
$
1,232.00
Personnel Costs
$
0.00
Equipment Costs
$
0.00
Field Purchases and Other Costs
$
0.00
Handling Charges
Therefore, the total, cuinu~ative
Site Classification Work Plan Budget is approved for:
$
6,684.00
Investigation Costs
$
2,760.00
Analysis Costs
$13,520.00
Personnel Costs
$
979.00
Equipment Costs
$
90.00
Field Purchases and Other Costs
$
1,157.90
Handling Charges
SECTION 2
$70.00
for an adjustment in the monitoring well installation costs (bentonite pellets (50 lbs. pail)).
The Illinois EPA has determined that these costs are not reasonable
as submitted (Section
57.7(c)(4)(C) of the Act and 35111. 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)).
a.
The Illinois EPA previously approved $125.00 for bentonite pellets (5 pails).
b.
An additional
$55.00
is approved for bentonite pellets
(5
pails) as the result of an increase
in the Illinois EPA’s unit rate for bentonite pellets.
2.
$848.00 for an
adjustment in the personnel costs (first field project manager:
well
development/purging/sampling, survey/slug test wells).
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 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)).
a.
The Illinois EPA previously approved $848,00 for the first field project manager (16
hours).
-
b.
An additional $192.00 is approved for the first field project manager (16 hours) as the
result of an increase in the Illinois EPA’s unit rate
r field project managers.
3.
$285.00 for an adjustment in the personnel costs (project manager:
billing package).
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 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)).
a.
It is the account technician/reimbursement specialist’s responsibility to prepare and
proofread the billing package.
b.
The Illinois EPA previously reduced the unit rate for the project manager (billing
package) to the unit rate for an account technician/reimbursement specialist.
4.
$65.00 for an adjustment in the equipment costs
(water level indicator).
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 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)).
a.
The Illinois EPA previously approved $164.00 for the water level indicator (4 days).
b.
No additional monies can be approved as the result of a reduction in the Illinois EPA’s
i.mit rate for water level indicator.
MTL:TLB:H:\Projects\Randall Industries\4a.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)
of the Actby filing a petition for a hearing within
35 days after the date of issuance of the 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.
If the owner or operator wishes to receive a 90-day extension, a
written request that includes a statement of the 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 B.oard
State of Illinois
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 of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL
62794-9276
217/782-5544
c~.x
1/7~1c9°7
May 23, 2003
/A~1~
TA/I.
~.f4f
Mr. John Kim
Mr. Mark White
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021
North Grand Ave. East
P.O. Box
19276
Springfield, IL 62794-9276
Ref:
April 21
letter
LUST Incident Numbers 922987
and 942519
Dear Mr.
Kim:
Iwish to file the extension on the issues associated with this letter. We have been having
discussions on various issue associated with these incidents. They are not going to be resolved within
the 35
day requirements so I am giving formal notice ofmy desire to extend it to the 90
days as
allowed in the enclosed letter from the Illinois EPA.
I
RANDALL INDUSTRIES,
INC.
741
South
Route 83
•
Elmhurst, Illinois
601 26
Phone: (630) 833-9100
•
Toll
Free:
(800) 966-7412
•
Fax: (630) 833-9108
Internet: www.randallind.com
•
E-mail:
sales@randallind.com
Truckenbrodt
President
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on May 27, 2003,
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
Randall Truckenbrodt
Illinois Pollution Control Board
Randall Industries
James R. Thompson Center
741
South Route 83
100 West Randolph Street
.
Elmhurst, IL
60126
Suite 11-500
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respo
nt
John
‘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)

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