Dorothy M. Gunn, Clerk

Karen S. Bartling, 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

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

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: December

3, 2004

V

~! D

CLERK’S OFF~CE

BEFORE THE POLLUTION CONTROL

BOARD

OF THE STATE OF ILLINOIS

DEC

fl 6

2Q~4

WILLIAM BREUER,

Petitioner,

V.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

STATE OF

ILLiNOIS

q

PoHution

Control Board

)

PCBNo.05-

)

(LUST Appeal

—

Ninety Day Extension)

)

)

NOTICE

---

CLERK’S OF~CF

BF~

FORE

THE

POLLUTION CONTROL BOARD

OF THE

STATE OF ILLINOIS

DEC

06

2004

WILLIAM BREUER,

Petitioner,

)

v.

)

PCBNo.05-

I

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)(l)

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

March

3,

2005,

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 October

26,

2004,

the

Illinois

EPA issued

a

final decision

to

the Petitioner.

(Exhibit A)

2.

On November

19, 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

Petitioner’s

request

included

information

that

represented

that

the

final

decision

was

received

on October 29, 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.

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: December 3, 2004

This filing

submitted on recycled paper.

2

---

‘/

~

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND

AVENUE

EAST,

POBox

19276,

SPRINGFIELD,

ILLINOIS

62794-9276, 217-782-3397

JA~.1ES

R.

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE

1.1-300,

CHCAGO,

IL

60601, 312-814-6026

ROD R.

BLAGOJEVICH,

GOVERNOR

RENEE

Ci

PRIANO,

DIRECTOR

217/782-6762

CERTIFIED

MAIL

282fl~4

7002

3150

0000

1258

6624.

Attentiom Mr. Gerald Huge, POA

Post Office Box 96

OCT

2 $

REC’IJ

Hoyleton, Illinois 62803

Re:

LPC #1890205002

--

\Vashington County

Hoyleton! Breuer, William

Hwy.

177

and Hoyleton

—

Ho~an Road

LUST Incident No. 992697 and No. 20030951

LUST Technical File

Dear Mr. Huge:

The

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

Corrective Action Plan

(plan) submitted for the above-referenced incident.

This plan, dated

August 3, 2004, was received bythe Illinois EPA on August 4, 2004.

Citations

in this letter are

from the Environmental Protection Act (Act) and 35 Illinois Administrative Code

(35 III. Adm.

Code).

Pursuant to Section 57.7(c)(4) ofthe Act and 35 Ill. Adm.

Code 732.405(c), the plan is

approved.

The activities proposed in the plan are appropriate to demonstrate compliance with Title XVI of

the Act

and 35

111.

Adm. Code 732.

Please note that all activities

associated with the remediation

ofthis

release proposed in the plan must be executed in accordance with all applicable regulatory

and statutory requirements, including compliance with the proper permits.

In addition, the budget for the High Priority Corrective Action Plan is modified pursuant to

Section

57.7(c)(4)

ofthe Act and 35

111. Adm.

Code 732.405(c).

Based on the modifications

listed

in Section

2 ofAttachment A, the amounts listed in Section

1 ofAttachmentA are

approved.

Please note that the costs must be incurred in accordance with the approved plan.

Be

aware that the amount ofreimbursement may be limited by 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.

Please note that, if the owner or operator agrees with the Illinois EPA’s modifications, submittal

ofan amended plan and/or budget, if applicable,

is not required (Section

57.7(c)(4)

of theA.ct

and

35

Iii. Adm. Code

732.503(f)).

Additionally, pursuant to Section

57.8(a)(5)

ofthe Act and

35 Ill.

Adm.

Code

732.405(e).

if reimbursement will be sought for any additional costs that may

be incurred as a result ofthe Illinois EPA’s modifications, an amended budget must be submitted.

ELGIN

—595 South State, Elgin,

IL

60123— (847) 608-3

BUREAU

OF

LAND

-

PEORIA

—7620 N.

University

St.,

Peoria,

IL 61614

—

(3

~

ROCKFORD

—4302

North Main

Street,

Rockford,

IL 61103 —(815)

EXHIBIT

SPRINGFIELD

—

4500

S.

Sixth

Street

Rd.,

Springfield,

IL

62706

—(217)

~

MARION

—2309 W.

Main

‘.Harrison

St.,

Des

Plaines,

IL 60016

—

(847) 294-4000

ity

St., Peoria, II. 61614

—(309) 693-5463

5

South First Street, Champaign, IL 61820— (217) 278-5800

9 MaIl Street, Coilinsviile,

IL 62234 —(618)

346-5120

8) 993-7200

T’~tCYCL~D

rAPER

---

Page 2

NOTE:

Amended plans

and/or budgets must be

submitted and approved prior to the issuance of

a No Further Remediation (NFR) Letter.

Costs associated with a plan or budget that have not

been approved prior to the issuance of an 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 flu-ther assistance, please contact Donna WaUac’~

at 217/

52.4-

1283.

Sincerely,

-

Thomas

A.

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau ofLand

TAH:DW:dw\

Attached:

Attachment A

Appeal Rights

C:

United Science Industries! Karen Bartling

Division File

---

Attachment A

Re:

LPC #

1890205002

--

Washington County

Hoyleton! Breuer, William

-

Hwy..177 & Hoyleton Hoffman

Road

LUST: Incident No. 992697

and No. 20030951

LUST Technical File

Citations

in this attachment are from the Environmental Protection

Act (Act) and 35

Illinois Administrative Code

(35

Ill.

Adm.

Code).

SECTION

1

The budget was previously approved for:

$1,498.50

Investigation Costs

$1,887.00

Analysis

Costs

$50,109.00

Personnel Costs

$28,280.00

Equipment Costs

$52,204.00

Field Purchases and Other Costs

$0

Handling Charges

As a result of the Illinois EPA’s

modification(s) in Section

2 of this Attachment A, the followingamounts are

approved:

$33.00

Investigation

Costs

$1,360.00

Analysis Costs

$7,470.00

Personnel Costs

$345.00

Equipment Costs

$2,308.00

Field Purchases and Other Costs

$0

Handling Charges

Therefore, the total cumulative budget

is approved

for:

$1,531.50

Investigation

Costs

$3,247.00

Analysis

Costs

$57,579.00

Personnel Costs

$28,625.00

Equipment Costs

$54,512.00

Field Purchases and Other Costs

$0

Handling Charges

SECTION 2

$14,569.00

for an adjustment in personnel costs.

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 of

the

financial

review

is to assure that costs associated with

materials,

activities, and services

are reasonable

(35

III. Adm.

Code

732.505(c)).

Please note that additional information and/or supporting

documentation may be provided to demonstrate the costs

arereasonable~

A

deduction

was

made in personnel cost for

time/hours

either partially or in

full foractivities

that were

previously allowed

in

your

original budget for Corrective Action per

IEPA

letter dated December

23, 2002.

DW:dw\

---

Appeal Rights

An underground storage tank owner or operatormay 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 afier the date ofissuance ofthe final decision.

However, the 35-day

period may be extended for a period oftime 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 ofthis 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 of Illinois Center

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 ofLegal

Counsel

1021

North Grand Avenue East

Post Office Box

19276

Springfield,

IL

62794-9276

217/782-5544

---

P.O.

Box 360

6295

East Illinois

Highway

15

Woodlawn, Illinois 62898-0360

November

19,

2004

Illinois Environmental Protection Agency

Division of Legal Counsel

1021

North Grand Avenue

East

Springfield,

IL 62792-9276

Re:

LPC#

1890205002

—Washington County

Hoyleton

—

Breuer,

William

Hwy.

177

and

Hoyleton-Hoffman

Road

LUST Incident No.

992697

&

20030951

ATTN: John

Kim

Dear Mr. Kim:

United

Science

Industries,

Inc.

(USI),

on

behalf of our client,

requesting

a

90-day

extension

to

the

35-day

appeal

period

IEPA correspondence included.

I

appreciate

your

time

and

consideration

in

this

matter.

questions

or

comments

regarding

this

matter

please

contact

2411

ext.

165.

Sincerely yours,

UNITED SCIENCE INDUSTRIES,

INC.

—

EXHIBIT

Karen S.

Bartling

Project Manager

Enclosures

I

Phone: (618) 735-2411

Fax: (618) 735-2907

E-Mail: unitedscience@ unitedscience.com

William Breuer

is

in

regards

to

the

If

you

have

any

me

at

(618)

735-

I-’.

~

Cour~se1

O~v1St0flot

~1~eg~

t~OV222UUAt

-

~

p~Qteot~Qfl

UNITED

SCIENCE INDUSTRIES

L

---

CERTIFICATE OF SERVICE

I,

the

undersigned attorney at law, hereby certify that on December

3,

2004, I served true

and correct

copies

of a

REQUEST

FOR N1~ETYDAY 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

Karen S. Bartling, 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 of Legal Counsel

1021 North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143

(TDD)