Respondent.
~N
CONTROL BOARD
OF ILLINOIS
)
)
NOTICE
PCBNo.04-
(LUST Appeal
—
Ninety Day Extension)
CLERIcS ()Fr~r~
/1UG 2 7 2003
STATE OF
iLLINOIS
Pol/utj0,~Control Board
ANDY’S DRIVE-IN,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Dorothy M. Gunn, Clerk
Kelly Tensmeyer, 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 62898-03 60
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,
Th~
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: August 20, 2003
rf
I
Petitioner,
v.
)
)
)
)
RECEIVED
CLERK’S
OFFICE
AUG 2 7 .2003
STATE OF ILLINOIS
Pollution Control Board
ANDY’S DRIVE-IN,
Petitioner,
v.
)
PCBNo.04-
~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)(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 November 18, 2003, or any other date not more than a total of one hundred twenty-
five
(125)
days from July 16, 2003, the date of the Illinois EPA’s final decision. In support
thereof, the Illinois EPA respectfully states as follows:
1.
On July 16, 2003, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On July 29, 2003, 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. (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.
CONTROL BOARD
)
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 forpetitioning fOr a hearing.
Respectfully submitted,
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: August 20, 2003
This filing submitted on recycled paper.
2
~..,
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, 31 2-814-6026
ROD R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
.
CERTIFIED MAIL
7002 ~1S0 0000 1224 0229
JUL 162003
Andy’s Drive-In
Attn: John Thomas
383 Park Lane
Herrin, IL. 62948
Re:
LPC #0030055014
~-
Alexander County
Cairo/Andy’s Drive-In
2308 Sycamore St.
LUST Incident No. 911729 and 992425
LUST Technical File
Dear Mr. Thomas:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Corrective Action
Plan (plan) submitted for the above-referenced incident. This plan, dated June 17, 2003, was
received by the Illinois EPA on June 18, 2003. Citations in this letter are from the
Environmental Protection Act (Act), as amended by Public Act 92-0554 on June 24, 2002, and
35 Illinois Administrative Code
(35
III. Adm. Code).
The Corrective Action Plan is rejected for the reason(s) listed below (Sections
57.7(b)(2)
and
57.7(c)(4)
ofthe Act and 35111. Adm. Code 732.503(b)):
The Corrective Action Plan is rejected for the following reason(s):
1.
Prior to implementation ofa corrective action plan, the operator should provi.de a
report that completely defines the extent ofcontamination. The extent of
contamination should include the analytical results from the proposed off-site
monitoring wells, MW-17 and MW-18. The report should include a site map
depicting the extent ofcontamination. and
2.
The operator should provide an explanation for the discrepancy between
proposing replacement wells, RW-5, RW-6, RW-7, and RW-9 for existing wells,
MW-5, MW-6, MW-7, and MW-9 as discussed on page 16 of the plan and
replacement wells, MW-19, MW-20, and MW-21 for MW-5, MW-6, MW-7, and
MW-9 as discussed on page 11 ofthe plan. It appears from the literature that
replacement wells and new wells are being proposed for MW-5, MW-6, MW-7,
and MW-9.
ROCKFORD —4302 North Main Street, Rockfo
—
j~sPlaines, IL 60016 — (847) 294-4000
ELGIN —595 South State, Elgin,
~1
614 — (309) 693-5463
BUREAU
OF LAND - PEORIA —7620 N. University St.,_
et, Champaign, IL 61820— (217) 278-5800
SPRINGFIELD— 45005. Sixth Street Rd., Sprir
)insvi))e, IL 62234 —(618) 346-5120
PP.INrED
ON
RECYCLED
P~r~r.
Page 2
The Corrective Action Plan Budget is rejected for the following reason(s):
1.
The Illinois EPA has not approved the plan with which the budget is associated.
Therefore, the Illinois EPA cannot determine whether these costs are for activities in
excess of those required to meet the minimum requirements ofTitle XVI ofthe Act
(Section
57.7(c)(3)
ofthe Act and 35 Ill. Adm. Code
732.505(c)).
In addition, it cannot
be determined whether.these costs are reasonable.as submitted (Section
57.7(c)(3J
ofthe
Act and 35 Ill. Adm. Code
732.505(c)
and 732.606(hh)).
Pursuant to Sections
57.7(b)
and 57.12(c) and (d) ofthe Act and 35 Ill. Adm. Code 732.100 and
732.105, a plan andlor budget must be submitted within ninety (90) days ofthe date of this 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
-
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 further assistance, please contact Scott McGill at (217)/524-
5137.
.
. .
Sincerely,
Clifford
Ce ~-V
L. Wheeler
0Z ~JI~4
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau ofLand
C:
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)
ofthe Act by filing a petition
for a hearing within 35 days after 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 of Legal 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
July 29, 2003
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P0 Box 19276
Springfield, IL 62792-9276
Re:
LPC# 0030055014—Alexandar Co.
Cairo/Andy’s Drive-In
2308 Sycamore Street
LUST Incident No. 911729 and 992425
ATTN: Susan Schroeder
Mrs. Schroeder:
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. 124.
Sincerely yours,
UNITED SCIENCE INDUSTRIES, INC.
K4~L~
Kelly Tensmeyer
Project Manager
Phone: (618) 735-2411
Fax: (618) 735-2907
E-Mail: unitedscience@unitedscience.com
RECEIVED
DivIsion
of
Le~g
~
Back to top
JUL 3.j
Environment,
Ptøt~i~,
Back to top
Agency
John Thomas, is
in regards to the
If you have any
me at (618) 735-
UNITED SCIENCE INDUSTRIES
Enclosures
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on August 20, 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
Kelly Tensmeyer, ProjectManager
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.
Res~o~~~
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)