BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
KRAMER’S SERVICE STATION,
Petitioner,
ILLiNOIS
ENVIRONMENTAL
PROTECTION AGENCY,
DorothyM.
Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago,
IL 60601
)
)
)
OCT
1
4
2003
PCB No.
04-
52-.-
)
(LUST Appeal
-
$fi~t~~
~~4~s~o)
)
Pollution
Control
oarc~
)
NOTICE
Justin Overturf, Project Manager
United Science Industries
P.O. Box 360
6295
East Illinois Highway
15
Woodlawn, IL
62898-0360
V.
Respondent.
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,
John J.
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: October 10, 2003
I
BEFORE THE POLLUTION CONTROL
BOARD
OF THE STATE OF ILLINOIS
KRAMER’S
SERVICE STATION,
)
Petitioner,
)
V.
)
ILLINOIS ENVIRONMENTAL
)
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
Ii!.
Adm.
Code
105.208,
hereby
requests
that
the
Illinois
Pollution
Control Board (“Board”) grant an extension of the thirty-five
(35)
day period forpetitioning for a
hearing to January
8,
2004,
or any other date not
more than a total of one hundred twenty-five
(125)
days
from
September
5,
2003,
the date of the
Illinois
EPA’s
final decision.
In support
thereof, the Illinois EPA respectfully states as follows:
1.
On September
5,
2003,
the Illinois
EPA issued
a final decision to
the Petitioner.
(Exhibit A)
2.
On September
19,
2003, 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 did not represent when the final decision was received.
(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 ofany
hearing that may be necessary to resolve this matter.
~çç~
OPPTCF
UCT
1
4
2003
STArE
OF
ILLINOIS
PoJ/~tjo,~
Control Board
PCB No. 04-
~-
(LUST Appeal
—
Ninety Day Extension)
1
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
JohnJ.
m
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: October 10, 2003
This filing submitted on recycled paper.
2
/
r~1/~
-
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276, 217-782-3397
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH, SUITE
11-300,
CHICAGO,
IL
60601, 312-814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE CIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED MAIL
7002 ~150 0000 1224 547~
3EP ~)
5
2Ofl~
Kramer’s Service Station
John Kramer
3107 Perrysville Road
Danville, Illinois 61834
Re:
LPC #1830205099
-
Vermilion County
Danville / Kramer’s Service Station
1015 E. Main Street
LUST Incident No. 961668
LUST Technical File
Dear Mr. Kramer:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Site Classification
Work Plan (plan) submitted for the above-referenced incident.
The Illinois EPA received this
plan, dated May 15,
2003, on May
16, 2003.
Citations in this letter are from the Environmental
Protection Act (Act)
and 35
Illinois Administrative Code
(35
Ill. Adm. Code).
The Illinois EPA requires modification of the plan; therefore, the plan is conditionally approved
with the illinois EPA’s modifications.
The Illinois EPA has determined that the modifications
listed in
Attachment A are necessary to
demonstrate compliance with Title XVI of the Act and 35
ill.
Adm. Code 732 (Section 57.7(a)(1) of the Act and
35 III. Adm.
Code 732.305(c) or
732.312(j)).
In addition, the budget is modified pursuant
to Section 57.7(a)(1) of the Act and 35
111.
Adm.
Code 732.305(c) or 732.312(j).
Based on the modifications listed in
Section
2 of Attachment B,
the amounts listed in Section
1 ofAttachment B are approved.
Please note that the costs must be
incurred in
accordance with the approved plan.
Be aware that the amount of reimbursement may
be limited by Sections 57.8(e), 57.8(g), and
57.8(d) of the Act,
as well as 35
111. 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
of an
amended plan and/or budget, if applicable, is not required (Section 57.7(c)(4) ofthe Act
and
35 Iii.
Adm.
Code 732.503(f)).
Additionally, pursuant to Section 57.8(a)(5) ofthe Act and
35
111. Adm. Code 732.305(e) or 732.3 12(1), if reimbursement will be
sought for any additional
costs that may be incurred as a result of the Illinois EPA’s modifications,
an amended budget
ROCKFORb
—4302
North Main Street,
Rockford,
IL
61103
—
(815) 987-7760
•
Dts
PLAINES
—
9511
W.
Harrison
St.,
Des Plaines, IL 60016
—
(847)
294-4000
ELGIN
—595 South State,
EJgin,
~
614— (309)
693-5463
BUREAU
OF
LAND
-
PEORIA—
7620
N.
University
St.,
xt,
Champaign,
IL 61820—
(217)278-5800
SPRINGFIELD
—4500 S.
Sixth Street
Rd., Sprin—
—)insville,
IL
62234
—
(618)
346-5120
MA
PRINTED
ON
RECYCLED
PAPER
Page
2
must be submitted.
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.
Pursuant to 35
111. Adm. Code
732.30 1
a Site Classification
Completion Report must be
submitted
within 90 days of the date ofthis letter 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
of this letter.
An underground storage tank system owner or operator may appeal this decision to the illinois
Pollution Control Board.
Appeal rights are attached.
Ifyou have any questions or need further assistance, please contact Brian Bauer at 217/782-3335.
Sincerely,
Harry A. Chappel,
P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau ofLand
HAC:BPB\
Attachment:
Attachments A and B
Election not to proceed form
cc:
United Science Industries
Division File
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 Act by 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 Board
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
Attachment A
Re:
LPC
#1830205099
-
Vermillion County
Danville / Kramer’s Service Station
1015 E.
Main Street
LUST Incident No.
961668
LUST Technical File
Citations in
this
attachment are from the Environmental Protection Act (Act) and
35
Illinois
Administrative Code (35 Ill. Adm. Code).
1.
For used oil, the indicator contaminants shall be determined by the results of aused oil
soilsample analysis (35111. Adm. Code 732.310(g)). Prior to the submission of a site
classification plan the owner or operator
shall
collect a grab samplefrom a location
representative of soil that is the mostcontaminated as a result of the
‘release from the used
oil UST.
If an area of contamination cannot be identified, the sample shall be collected
frombeneath the used oil UST. Thesample shall be analyzed for:
a.
All volatile, base/neutral, polynuclear aromatic, and
metal parameters listed at
Appendix B of Part 732 and any other parameters the Licensed Professional
Engineer or Licensed Professional Geologist suspects may be present based on
UST usage. The IllinoisEPAmayadd degradation products or mixtures of anyof
the above pollutants in
accordance with 35
111.
Adm.
Code 620.615.
b.
The used oil indicatorcontaminants shall be those volatile, base/neutral,
polynuclear aromatic, and metal parameters listed at Appendix B
of Part 732 or as
otherwise identified at subsection (g)(l)
of this Section that exceed their
remediation objective at 35 Ill. Adm. Code742 in addition to benzene,
ethylbenzene,
toluene, total xylenes, and PNAs.
c.
Ifnoneof the parameters exceed their cleanup objective, the used oil indicator
contaminants shall be benzene, ethylbenzene, toluene, total xylenes, and the
polynuclear aromatics listed in Appendix B of 35 Ill. Adm. Code 732.
The indicator contaminant for thisincident must be benzene, ethylbenzene, toluene, total
xylenes, and thepolynuclear aromatics listed in AppendixB of 35 111. Adm. Code 732.
Please note the results of the metal analysis in the screening sampledo not appear to be
over their respective remediation objective therefore, they are
not indicatorcontaminants.
2.
Theplan indicates that the owner/operator is electing to opt the pre-1974kerosene fuel
UST out of the UST Program.
In order for the Agency to consider this option the
attached form must be
completed and signed by the owner/operator.
BPB\
Attachment B
Re:
LPC #1830205099
-
Vermillion County
Danville / Kramer’s Service Station
1015 E. Main Street
LUST Incident No. 961668
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
As a result of the Illinois
EPA’s modification(s) in
Section
2 of this Attachment B,
the following
amounts are approved:
$8,474.55
Investigation Costs
$1,950.00
Analysis Costs
$13,400.00
Personnel Costs
$768.00
Equipment Costs
$420.00
Field Purchases and
Other Costs
$279.60
Handling Charges
SECTION
2
1.
$4,800.00 for costs associated with the~analysis forRCRA Metals. Costs associated with
the analysis of laboratory samples for constituents other than applicable indicator
contaminants or groundwater objectives are ineligible’ for payment from the Fund
(35
111.
Adm. Code
732.606(r)).
These costs are for activities in
excess of those necessary to
meet the minimum requirements of Title XVI of the Act (Section
57.5(a)
of the Act and
35
Ill. Adm.
Code 732.606(o)).
2.
$638.40 for an
adjustment in handling charges.
Handling charges are eligible for
payment only if they are equal to or less
than the amount determined by the following
table (Section 57.8(g) of the Act and 35
Ill. Adm.
Code 732.607):
Subcontract or Field
Eligible Handling Charges as a
Purchase Cost:
Percentage of Cost:
$0-$5,000
12
$5,001
-$15,000
$600 plus
10
of amount over $5,000
$15,001’- $50,000
‘
$1,600 plus 8
of amount over $15,000
Th~
,&
sey
atithorinad I,
,rquie
th~
iifatmiion
under Section
4 and
Title
XV1
of
the
Envuonmemsl
Pnxccnion
Act
(415
ILCS
5/4.
5/57 -57.17).
Failure
so
disdain
this
inhcxmallon
nuy
rmult
in
a civil
penalty
of
mc in ex~
SO.~)(X)
far the violation
add
an
additional
civil
penalty
of
mint
to czcaid
SlO.(O).07
far
each
dey
dwim~wfaft din
violation
~
(415
ILa
5M2). Any prmon
ni~in
km~inglynukct
a
false material stateinem
a
represeruatico in
any
label.
nwu(mt.
recerd.
rcpmi.
permit,
a
licome. a
other
docwnemi filed.
maintained
a,~,cd
to’
the
purpaic
of
atn~,Ioecr
with
Tide
XVI
commits
a Clans,4
felony.
Any
second a
subsequent
offerer after conviction
hereunder
is
a
Class
3
mekmy
(415
ILCS
5/57.17).
Thin
fain
ban
born.
approved
by the
Fount
Mamugemema
C~nt~•
Illinois Environmental Protection Agency
Leaking Underground
Storage Tank Program
(thisform applies to releases subjecl
to
415 JLCS 5/57
et seq. and 35
III. Adm. Code Part 732)
A.
Site Identification
-
IEMA Incident
#
~or9dig~t):
_____________________
IEPA
Generator #
~io~in~:___________________________
Site Name:
Site
Address
(Not. P.O.
Box):
____________________________________________________________________________________
City:
___________________________
County:
____________________________
Office
ofthe State Fire Marshal
facility ID #
(7
digit):
_________________________________________________
B.
Regulatory Status
1.
Was this
incident
reported
to the Illinois Emergency Management Agency
(IEMA)
as a result of a
confirmed
release from an Underground
Storage Tank
(UST)
or USTs taken out of operation
prior to January
2,
1974?
YesE
No 0
2.
Was
this incident reported
to
IEMA
as a result of a confirmed release from an
UST
or
USTs
used
excius~vely
to
store
heating oil for consumptive use on
the premises
where stored and which
serves other than
a
farm or residential unit?
Yes~
NoO
Note:
If
you
marked “yes” to number
I
and! or 2
then please
complete the section below:
This
form should be used
as
an
official notification to
the
Agency ofyour intention
to NOT proceed
in
acco~dance
with
tue
Leaking Underground Storage
Tank
(LUST)
regulations, in which case you should
mark the box
in
line “A” below.
Please
be
advised that this election shall
be deemed effective upon
receipt by
the Agency and may not
be withdrawn once made.
Alternatively, this form may be
used to
Iloflfv the Agency of your
intention
to proceed in accordance with
the
LUST
regulations, in
which ‘case
you
should
mark
the
box
in
line
“B”
below:
A.
I
am electing
NOT
to
proceed
0
(will
not
b~
subject
to
LUST
regulations)
B.
am
etec~ingto
proceed
0
(will
be
subject
to
LUST
regulations)
1).
Sigaatures
Owner
Name:
___________—‘_______________________
Name:
—~
Address:
______
________
____________________—
Address:
Phone:
___________________________________________________________
P1 toite:
______________
______________________
Signature:
______
Date:
P.O. Box 360
6295
East
Illinois Highway 15
Woodlawn, Illinois 62898-0360
September
19, 2003
Phone:
(618) 735.2411
Fax: (618) 735.2907
E-Mail:
unitedscience@unitedscience.com
Illinois Environmental Protection Agency
Division of Legal
Counsel
1021 North Grand Avenue East
Springfield,
IL 62794-9276
Attn:
John
Kim
Re:
LPC# 1830205099
—
Vermillion
County
DanvillelKramer’s Service Station
1015 East Main St.
LUST Incident No. 961668
LUST TECHNICAL FILE
Dear Mr. Kim:
United Science Industries, Inc. (USI), on behalfof
our client, Kramer’s
Service Station, is
requesting a 90-day extension of the 35-day
appeal period in regards to the IEPA
correspondence ofSeptember
5,
2003, included herein.
I appreciate
your
time
and consideration in this matter.
If you have
any
questions
or
comments regarding this matter please contact me at 618-735-2411 ext. 140.
Sincerely yours,
UNITED SCIENCE INDUSTRIES, NC.
Justin Overturf
Project Manager
D~vigj~ji
of
Le~aI
Couns~j
SEP
22
2003
Envircnmentaj
Protection
Agency
UNITED
SCIENCE
INDUSTRIES
Enclosures
CERTIFICATE OF SERVICE
I, the undersigned
attorney
at law, hereby
certify that on October
10,
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 Mailpostage affixed thereto,
upon the following named persons:
Dorothy M. Gunn, Clerk
Justin Overturf, 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.
~
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)