V.
WEI ENTERPRISES,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Petitioner,
RECEIVED
CLERK’S
OFFICE
I~UG
2
7
2003
BOARD
STATE
OF
ILLINOIS
Pollution
Control Board
)
PCB No. 04-
)
(LUST Appeal
—
Ninety Day Extension)
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NOTICE
RobertJ.
Pulfrey, Project Manager
United Science Industries
P.O. Box 360
6295 East Illinois Highway
15
Woodlawn, IL
62898-0360
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
John~~
Assistan
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
1—I
BEFORE
OF THE STATE OF ILLINOIS
)
Respondent.
RECE~1VED
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~
~
CLERK’S
OFF~~P
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jj
JWG
2
7
2003
BEFORE
THu
~
BOARD
OF
~
STATE
OF ILLINOIS
Pollution
Control Board
WET ENTERPRISES,
)
Petitioner,
)
v.
)
PCB No. 04-
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
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 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 23, 2003, the Petitioner made a written request to the Illinois
EPA for an
extension oftime by which to file a petition forreview, asking the Illinois EPAjoin in requesting
that the Board extend the thirty-five day period for filing a petition to ninety days.
The Petitioner
did not represent whenthe 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.
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
John J.
Ru
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
//~/////~7
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
7fl92
~15O
0000
IEE4
02~1
JUL
162flfl3
Wei Enterprises
Attention:
Susan Wei
529 Maple
Street
Shiloh, Illinois
62269
Re:
LPC #163 1255004
—
St. Clair County
ShilohlWei Enterprises
529 Maple Street
LUST Incident No. 982904
LUST Technical File
Dear Ms.
Wei:
The Illinois Environmental Protection
Agency (Illinois EPA) has reviewed the High Priority Site
Investigation Corrective Action Plan
(plan) submitted for the above-referenced incident.
This
information, dated April
28, 2003, was received by the Illinois EPA on
April 30,
2003.
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 modified.
The modifications
listed below are necessary, in addition to those provisions
already outlined in
the plan, to demonstrate compliance with Title XVI of the Act
and 35 Ill. Adm.
Code 732.
Please note that the activities proposed in the plan are for investigative purposes only.
Final
approval for corrective action activities is
contingent upon the submittal of a High Priority
Corrective Action
Plan that documents the results of the proposed investigation
and satisfies the
requirements
set forth in
Section 57.7(c)(1) of the Act and 35
III. Adm. Code 732.404.
The
required modification(s) is/are as follows:
1.
The investigation plan includes high priority corrective action activities
and budget.
However, since the soil and groundwater contamination have not been delineated to the
south of the site, high priority corrective actionlbudget proposals for this site cannot be
evaluated.
Therefore, all high priority corrective action
activities and budget proposed in
this plan have not been reviewed/approved.
The modifications
to this plan include only
high priority corrective action investigation activities
and budget in order to
develop,
ROCKFORD
—4302 North
Main
Street, Rockfo~~~~
___________________________
~s
Plaines,
IL 60016
—
(847)
294-4000
ELGIN
—595 South State,
Elgin,
I
~1
614
—
(309) 693-5463
BUREAU
OF
LAND
-
PEORIA
—
7620 N.
University St.,
—
et,
Champaign, IL 61820—1217) 278-5800
SPRINGFIELD
—4500 S. Sixth Street Rd., Sprin~
Iinsville, IL 62234 —(618) 346-5 120
MAI
PRINTED
ON
RECYCLED
PAPER
I
Page
2
propose and submit
to the Agency an
adequate High Priority Corrective Action Plan and
Budget.
The Agency has allotted for the investigation work/plume identification that has occurred
to
date (this plan/review does not include activities/budgets
associated with free product).
In addition, the Agency has modified the investigation plan to only include the “SB”
delineation and the sample analysis associated with -those borings.
Once the results have
been completed and the extent of contamination has been delineated, then a high priority
corrective action plan can be properly developed for submittal to the Agency.
In addition, since the site has free product, the calculations presented in
the investigation
plan cannot be reviewed/approved pursuant to
35 TAC
Part 742.
Once the remediation
activities/free product removal has been completed use of the Tier II calculations in 35
JAC Part 742 may be completed forreview.
2.
The Agency has determined that the following areas should be included in the estimations
for the soil/groundwater excavation activities:
BH-15, BH-16IMW-6,
BH-6IMW-2, and
BH-22/MW-10.
3.
The Agency has determined from information currently in its possession that PNA
contamination exists in the groundwater.
Once remediation activities have been
completed, further PNA evaluation in the groundwater may be necessary.
In addition, the budget for the High Priority Site Investigation Corrective Action Plan is modified
pursuant to
Section 57.7(c)(4)’ of the Act and 35 Ill. Adm. Code 732.405(c).
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
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
35111. Adm. Code 732.604,
732.606(s), and 732.611.
Please note that, if the owner or operator agrees with the Iihno~s
EPA’s modifications,
submittal
of an
amended plan and/or budget, if applicable, is not required(Section 57.7(c)(4) of the Act
and 35
Ill. Adm.
Code 732.503(f)).
Additionally, pursuant to Section
57.8(a)(5) of the 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 of the Illinois EPA’s modifications, an
amended budget 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 Ill.
Adm.
Code 732.401,
the site investigation results
and a High Priority
Corrective Action Plan demonstrating compliance with the requirements, set forth in Section
Page
3
57.7(c)(1)
of the Act
and 35
Ill. Adm. Code 732.404 must be submitted within
90 days of the
date of this letter 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 Board.
Appeal rights are attached.
If you have any questions or need further assistance, please contact Mindy Weller at 217/782-
6762.
Sincerely,
Chappel, P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation
Management
Bureau of Land
HAC:MW:mw\982804-5 .DOC
Attachment:
Attachment A
cc:
Bob Pulfrey,
USI
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 ofLegal
Counsel
1021 North
Grand Avenue East
Post Office Box 19276
Springfield, IL
62794-9276
217/782-5544
,
1~
-
Attachment A
Re:
LPC #
1631255004—
St. Clair County
Shiloh/Wei Enterprises
529
Maple Street
LUST Incident No. 982804
LUST Technical File
Citations in this
attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code (35 III. Adm.
Code).
SECTION
1
As a result of the Illinois EPA’s modification(s) in
Section
2 of this Attachment A, the following
amounts are approved:
$20,430.84
$31,021.00
$17,050.00
$2,048.00
$53.15
$35.18
SECTION 2
Investigation Costs
Analysis Costs
Personnel Costs
Equipment Costs
Field Purchases and Other Costs
Handling Charges
1.
$7,553.18 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 III. Adm. Code 732.607):
Subcontract or Field
Purchase Cost:
$0
.-
$5,000
$5,001
-
$15,000
$15,001
-
$50,000
$50,001
-
$100,000
$100,001
-
$1,000,000
Eligible flandling Charges as a
Percentage of Cost:
12
$600 plus
10
of amount over $5,000
$1,600
plus 8
of amount over $15,000
$4,400 plus
5
of amount over $50,000
$6,900 plus 2
of amount over $100,000
The plan includes subcontractor charges for actions that are considered corrective actions
that are not a part of the Agency modified investigation plan associated with this budget.
Therefore, the Agency has modified the budget to
reflect the modifications to the plan.
2.
$782,330.45 for an adjustment in Investigation Costs, Analysis Costs, Personnel Costs,
Equipment Costs, Field Purchases and Other Costs.
These costs are inconsistent with
the
Page 2
associated technical plan. One of the overall goals of the financialreview is to assure
that costs associated
with materials, activities, and services shall be
consistent with the
associated technical
plan
(35 Ill. Adm. Code 732.505(c)).
The budget includes costs that are considered corrective action costs that are not a part of
the Agency modified investigation plan associated with this budget.
Therefore, the
Agency has modified the budget to reflect the modifications to the plan.
The Agency has allotted for the investigation
work/plume identification that has occurred
to date (this plan/review does not include activities/budgets
assoôiated with free product).
In addition, the Agency has modified the investigation plan to only include the “SB”
delineation and the sample analysis associated with those borings.
Once the results have
been completed and the extent of contamination has been delineated, then
a high priority
corrective action plan can be properly developed for submittal tp the Agency.
3.
$3,583.00 for an adjustment in
Investigation Costs, Analysis Costs, Personnel
Costs and
Equipment Costs.
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)).
Please note that
additional information and/or supporting documentation may be provided to demonstrate
the costs
are reasonable.
The budget includes the following costs that do not appear reasonable to the Agency as
charged:
a.
Cost per disposable camera;
b.
Cost per unit of gloves;
c.
Cost per unit of bailers (both teflon and poly);
d.
Cost per unit Of 2”expandable plug;
e.
Cost per unit of 2”xlO’ riser;
f.
Number/cost per unit of bentonite enviro plug;
g.
Cost per moisture
content soil
sample;
h.
Cost per saturation/porosity soil
sample;
i.
Cost per PNA soil
and groundwater sample;
j.
Hours for Drilling Forman, Rig Hand and Laborer for the tasks listed to be
performed.
The costs for those tasks should
be included in the boring per foot
charge;
k.
Hours for Project Coordinator for the tasks listed to be
performed;
1.
Costs for VOA sample preservation kit
since itwas already allotted for in the
investigation costs;
m.
Costs for data logger and transducer; and
n.
Cost per unit rate for Pifi.
Page 3
4.
$20,575.00 for an adjustment in Personnel Costs. These costs are inconsistent with the
associated technical plan. One of the overall goals of the financial review is to assure
that costs associated with materials, activities, and services shall be consistent with the
associated technical plan (35 Ill. Adm. Code 732.505(c)).
Thebudget includes costs that areconsidered corrective action costs that
are
not a partof
the Agency modified
investigation plan associated with this budget.
Those costs
include
the following:
a.
Hours for
Professional Engineer for the tasks
listed to
be performed;
b.
Hours for Project Manager for the tasks listed tobe performed; and
c.
Hours forDraftsman for the tasks listed tobe performed.
In addition, the above costs arenot 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 financialreview
is to assure
that costs associated
with materials, activities, and services are reasonable (35
Ill. Adm. Code
732.505(c)).
Please note that additional information and/or supporting
documentation maybe provided to demonstrate the costs are reasonable.
HAC:MW:mw\982804-SAttachmentA.DOC
P.O. Box 360
6295
EasI Illinois Highway 15
Woodlawn, Illinois 62898-0360
July 23, 2003
Illinois Environmental Protection Agency
Division ofLegal
Counsel
1021 North Grand Avenue East
Springfield, IL 62794-9276
Attn:
John Kim
-
Re:
LPC# 1631255004
—
St. Clair County
ShiohlWei Enterprises
529 Maple St.
LUST Incident No. 982804
LUST TECHNICAL FILE
Corrective Action Plan
Dear Mr. Kim:
United
Science
Industries,
Inc.
(USI),
on
behalf of
requesting
a
90-day
extension of the
35-day
appeal
correspondenceofJuly 16, 2003, included herein.
Phone:
(618) 735.2411
Fax: (618) 735-2907
E-Mail: unitedscience@unitedscience.com
RECE~VED
Division of Lega~Couns~
JUL
25
2C5~
Environmental
Protection
Agency
our
client,
Wei
Enterprises,
is
period
in
regards
to
the
IRPA
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.
145.
Sincerely yours,
UNITED SCIENCEINDUSTRIES, INC.
Robert J. Pulfrey
Project Manager
Enclosures
UNITED
SCIENCE INDUSTRIES
RJP;crt
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.
Guim,
Clerk
Robert J. Pulfrey, 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,
J~~Ki~~Th
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)