BEFORE THE POLLUTION CONTROL BOARD

Q~7

2

12003

OF THE STATE OF ILLINOIS

PAUL PHELAN,

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,

Respondent.

V.

CLERK’S

OFF1~

STATE

OF

IWNOIS

Po!!ut,0,~Co~

tro/ Board

PCB No. 04-

)

(LUST Appeal

—

Ninety Day Extension)

)

)

Matt Cherry, Project Manager

United Science Industries

P.O. Box 360

6295

East Illinois Highway

15

Woodlawn,

IL

62898-0360

)

)

NOTICE

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: October 17, 2003

---

CLERK’S

OFFICE

BEFORE

THE POLLUTION CONTROL BOARD

OCT

212003

OF THE STATE OF ILLINOIS

STATE

OF ILLINOIS

Pollution

Control Board

PAUL PHELAN,

)

Petitioner,

)

V.

)

PCBNo.04-’7f

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 of the thirty-five

(35)

day period for petitioning for a

hearing to

January

15, 2004,

or any other date not more than a

total of one hundred twenty-five

(125) days from September 12,

2003, the date of service ofthe Illinois EPA’s final decision.

In

support thereof, the Illinois EPA respectfully states as follows:

1.

On September

11, 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 represented that the final decision was received on September

12, 2003.

(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 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 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

17, 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,

312-814-6026

ROD

R.

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

217/782-6762

CERTIFIED

MAIL

?OOE

3150

0000

1E24

5859

SEP112OC3

Paul Phelan

406 West Carpenter Street

Jerseyville, IL

62052

Re:

LPC

#1174165009

--

Macoupin County

Brighton/Paul

Phelan (Wayne’s Service)

1008 North Main Street

LUST Incident No. 983046

LUST Technical File

Dear Mr. Phelan:

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

Corrective Action Plan

and High Priority Corrective Action Plan Budget submitted for the

above-referenced incident.

The Illinois EPA received the High Priority Corrective Action

Plan

and High Priority Corrective Action Plan Budget, dated April 2003, on

May 14, 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)(D) ofthe Act and

35 III. Adm. Code 732.405(c), the High Priority

Corrective Action Plan is rejected for the reasons listed

in

Attachment A.

Pursuant to Sections

57.7(a)(1)

and

57.7(c)(4)(D)

of the Act

and 35 III. Adm.

Code 732.405(e)

and 732.503(b), the High Priority Corrective Action Plan Budget is rejected for the reasons listed

in Attachment B.

Pursuant to

35

111.

Adm. Code 732.401, the Illinois EPA requires submittal of a revised High

Priority Corrective Action Plan

and High Priority Corrective Action Plan Budget within

120 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

ROCKFORD —4302 North Main

Street, Rockf~

~“

~

~‘

es

Plaines,

IL 60016—1847)

294-4000

EICJN

—

595

South State,

EIgin,

—

61614

—

(309) 693-5463

BUREAU

OF

LAND

-

PEORIA

—

7620 N.

University

St

eel,

Champaign.

IL

61820 —(217) 278-5800

SPRINGFIEI.D

—45005. Sixth Street Rd., Spri

DInsvIe,

IL 62234

—

I618i 346-5120

---

Attachment A

Re:

LPC #1174165009

--

Macoupin County

Brighton/Paul

Phelan (Wayne’s Service)

1008 North Main Street

LUST Incident No.

983046

LUST Technical File

Reason

For Rejection:

In review letters dated March

15,

2002 and March

18, 2003

the

Illinois EPA instructed the owner or operator to characterize the extent and/or degree of

groundwater contamination at the source and south of the canopy (north of MW-4).

To

date, the owner or operator has not characterized the extent and/or degree of groundwater

contamination at the aforementioned

locations.

Illinois EPA Proposed Resolution:

The owner or operator shall install

sufficient

groundwater monitoring wells (after excavation ofthe on-site soil contamination) to

characterize the degree and/or extent ofgroundwater contamination at the source and

south

of the canopy (north of MW-4).

2.

Reason For Rejection:

The Illinois EPA will not approve High Priority Corrective Action

Plans, which do not include full-scale proposals for both soil

and groundwater

remediation.

Soil

and groundwater contamination are present on and off-site; however,

the High Priority Corrective Action Plan

only includes a proposal for the remediation of

the accessible on-site soil

and groundwater contamination.

Illinois EPA Proposed Resolution:

The owner or operator shall submit a High Priority

Corrective Action Plan, which includes a full-scale proposal for soil

remediation, the

results of a pilot study or a proposal for a pilot study (including a description of the

information that will be collected during the pilot study) and a full-scale proposal for

groundwater remedi ation.

Note:

The Illinois EPA prefers

that the pilot study be performed prior to submittal of the

High Priority Corrective Action Plan; however, the Illinois EPA will allow for the full-

scale groundwater remediation proposal to

be adjusted if the pilot study

is performed after

submittal of the High Priority Corrective Action Plan.

3.

Reason For Rejection:

The High Priority Corrective Action Plan does not identify the

type ofchemical

oxidation compound that

is to be placed in

the soil

excavation or include

calculations for the amount

of chemical

oxidation compound that will be placed in the

soil excavation.

Illinois EPA Proposed Resolution:

If the owner or operator wishes to use a chemical

oxidation compound to remediate the groundwater contamination

in the

soil excavation,

he/she shall provide, at a minimum, the name of the chemical

oxidation

compound, the

composition of the chemical

oxidation compound, the time-release properties of the

chemical

oxidation compound and

calculations for the amount of chemical oxidation

compound that will be placed

in

the soil excavation.

---

Attachment B

Re:

LPC

#1174165009

--

Macoupin County

Brighton/Paul Phelan (Wayne’s Service)

1008 North Main

Stfeet

LUST Incident No. 983046

LUST Technical File

Citations in this

attachment are from the Environmental Protection Act (Act)

and 35

Illinois

Administrative Code (35 III. Adm. Code).

The

Illinois EPA has not approved the High Priority Corrective Action Plan with which

the High Priority Corrective Action Plan

Budget is associated; therefore, the Illinois EPA

cannot determine whether 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 732.505(c)).

Costs for corrective action activities and associated

materials or services exceeding the minimum requirementsnecessary to comply with

the

Act

are not eligible for reimbursement from the Fund (35

III. Adm.

Code 732.606(o)).

It also cannot be determined whether the costs are corrective action

costs.

“Corrective

action” means an activity associated with compliance with the provision of Section

57.6

and 57.7 of the Act (Section 57.2 of the Act and 35

III. Adm. Code 732.103).

One of the

eligibility requirements for accessing the Fund is that costs are associated with “corrective

action” (Section 57.9(a)(7) of the Act).

In addition, it cannot be determined whether these costs are reasonable as submitted

(Section 57.7(c)(4)(C) of the Act and 35 Ill.

Adm.

Code 732.505(c) and 732.606(hh)).

MTL:TLB :H:\Projects\Paul Phel an\5b.doc

---

P.O.

Box 360

6295

East Illinois Highway

15

Phone:

(618) 735-2411

E-Mail:

unitedscience@unitedscience.com

September

19, 2003

Illinois Environmental

Protection Agency

Division of Legal Counsel

1021

North

Grand Avenue

East

Springfield, IL 62792-9276

Attn: John

Kim

Re:

LPC# 1174165009

Brighton/Paul

1008 North Main Street

LUST Incident No. 983046

Mr.

Kim:

~—~‘--,-‘‘:

~,

DIvi~j~~

of

L~gaI

COufl~ej

SEP

222003

Envjronmefltaj Protection

Agency

United

Science Industries,

Inc. (USI), on

behalf of our client, Mr.

Paul

Phelan,

is

requesting

a

90-day

extension

to

the

35-day

appeal

period

in

regards

to

the

IEPA

correspondence

dated

September

11,

2003

and

received

by

Mr.

Paul

Phelan on September

12,

2003.

A copy of the correspondence

is attached.

I

appreciate

your

time

and

consideration

in

this

matter.

If

you

have

any

questions or comments concerning the

above,

please contact

me

at

(618) 735-

2411

ext.

185.

Sincerely yours,

UNITED SCIENCE INDUSTRIES,

INC.

Matt Cherry

Project Manager

UNITED

SCIENCE

INDUSTRIES

Enclosures

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law,

hereby certify that on October

17,

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

Matt Cherry, 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,

Resp

e

John

.Kim

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)