RECE~VE~
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OCT 2 32003
OF THE STATE OF ILLINOIS
STATE OF IWNOIS
)
Pollution Control Board
Petitioner,
)
))
PCBNo.04-(LUST
Appeal
I
—
Ninety Day Extension)
A&R,INC.,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
NOTICE
V.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Mark Owens, 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 ~‘ith 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 21, 2003
RECEIVED
BEFORE THE POLLUTION CONTROL BOARD
CLERK’S OFFICE
OF THE STATE OF ILLINOIS
OCT
2 32003
A & R, INC.,
)
STATE OF
ILLINOIS
Petitioner,
)
Pollution Control Bo~rrd
v.
)
PCBNo.04-
13
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 January 19, 2004, or any other date not more than a total of one hundred twenty-five
(125) days from September 16, 2003, the date of the Illinois EPA’s final decision. In support
thereof, the Illinois EPA respectfully states as follows:
1.
On September 16, 2003, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On September 23, 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.
1
WHEREFORE, for the reasons stated above, the parties request that the Board, in the
interest ofadministrative 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 21, 2003
This filing submitted on recycled paper.
2
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box 1 9276, SPRINGFIELD, ILLINOIS 62794-9276, 21 7-732-3397
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
I~EF~
‘j
E3
LU
A&R,Inc.
Mr. AveryMoore
6229 West Ogden Avenue
Berwyn, IL 60402
Re:
LPC#0310215104--CookCounty
Berwyn! A & R, Inc.
6229 West Ogden Avenue
LUST Incident No. 981412
LUST Technical File
Dear Mr. Moore:
CERTIFIED MAIL
7002 ~150 0000 1224 6122
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
25,
2003, was received by the Illinois EPA on August 26, 2003. Supplemental
information was received by facsimile September 3, 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 ‘following modifications are necessary, in addition to those provisions already outlined in
the plan, to demonstrate compliance with Title XVI ofthe Act and 35 Ill. Adm. Code 732:
I.
The amount ofcontaminated soil to be excavated is reduced to 2000 cubic yards.
Field investigations, including boring logs, PID readings and analytical results
indicate much ofthe contaminated soil above Tier I soil .remediation objectives is
more shallow than the proposed 10 feet below ground level. Additionally, the
horizontal extent is not likely to extend to the proposed lateral dimensions.
2.
Although investigations to date show no evidence ofcontamination beneath the on
site building, any remaining contamination must be addressed and have the proper
institutional controls in place.
ROCKFORD — 4302 North Main Streel, Rockfo~’
EIGI/. — 595 South State, Elgin,
BL’REAU 0’ LAND - PEOeA — 7620 N. Unixersity St.,_
SPRINGFIELD — 4500 5. Sixth Street Rd., Sprin
MA
r_P~
~c
— gç 1 W Harricnn St.. es Plairies, IL 60016 — (847) 294-4000
1614— (309) 693-5463
et, Champaign, IL 61820— (217) 278-5800
tinsville,U,. 62234 —(618) 346-5120
PRINTED ON REC”CLED PAPER
Page 3
If you have any questions or need further assistance, please contact Dave Myers at 217/785-7491.
Sincerely,
Thomas A. H’
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau of Land
TAH:DM :dim\HPCAPmodBUDmod.doc
Attachment: A
C:
United Science Industries, Inc.
Division File
Code 732.505(c)). Please note that additional information and/or supporting
documentation may be provided to demonstrate the costs are reasonable.
4.
$1360.00 for an adjustment in equipment costs associated with Geoprobe rental.
Geoprobe costs are included in the per foot boring cost. The Illinois EPA has determined
that these costs are not reasonable as submitted (Section
57.7(c)(4)(C)
ofthe Act and 35
Ill. Adm. Code 732.606(hh)). One ofthe overall goals ofthe 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 are reasonable.
5.
8360.00 for an adjustment in equipment costs associated with the PID rental. The Illinois
EPA has determined that these costs are not reasonable as submitted (Section
57.7(c)(4)(C) ofthe Act and 35 Ill. 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
Ill. Adm. Code
732.505(c)).
Please note that additional
information and/or supporting documentation maybe provided to demonstrate the costs
are reasonable.
-
6.
$180.00 for an adjustment in equipment cost associated with the utility vehicle. 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
are reasonable.
7.
$9,240.00 for an adjustment in field purchases and other costs associated with asphalt
pavement. 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 of
the overall goals ofthe 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.
8.
830.00 for an adjustment in field purchases and other costs associated with disposable
cameras. 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 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.
9.
851,282.76 for an adjustment in field purchases and other costs associated with soil
excavation, transportation and disposal. These costs are inconsistent with the associated
technical plan. One of the overall goals ofthe financial review is to assure that costs
,,—
_—_
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 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 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
P.O.
Box 360
6295 East Illinois Highway 15
Woodlawn, Illinois 62898-0360
September 23, 2003
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, IL 62794-9276
Attn: John Kim
Phone: (618) 735-2411
E-Mail: unitedscience@unitedscience.com
C
~CD
10 ~‘“‘~
~
L’~~(..t~LkI
E:r1v~ronm~i~LL1
r~t~Q~
Agency
Re:
LPC# 0310215104
—
Cook County
Berwyn/ A & R Inc.
6229 West Ogden Avenue
LUST Incident No. 981412
LUST TECHNICAL FILE
Dear Mr. Kim:
United Science Industries, Inc. (USI), on behalfof our client, A & R Inc., is requesting a
90-day extension of the 35-day appeal period in regards to the IEPA correspondence of
September 16, 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. 175.
Sincerely yours,
UNITED SCIENCE INDUSTRIES, INC.
;i~ (~AJe,~n
Mark Owens
Project Manager
UNITED SCIENCE INDUSTRIES
Enclosures
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on October 21, 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
Mark Owens, 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 ofLegal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
‘
217/782-9143 (TDD)
N’