CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OCT 2 7
2003
OF THE STATE OF ILLINOIS
ACTION AMUSEMENT COMPANY,
Petitioner,
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
Respondent.
STATE
OF ILLINOIS
PoJ/ut~0,,Control Board
)
)
PCBNo.041(LUST
Appeal1
—
Ninety Day Extension)
)
)
Sallie Minks, 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
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 24, 2003
V.
E
BEFORE THE POLLUTION CONTROL BOARD
oc
OF THE STATE OF ILLINOIS
T
2 7 2003
ACTION AMUSEMENT COMPANY,
)
Pollutj~Oc’ ILLINOIS
Petitioner,
)
4
rol
V.
)
PCBNo.04-
~~l1
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 jilinois Pollution
Control Board (“Board”) grant an extension ofthe thirty-five
(35)
day period for petitioning for a
hearing to January 22, 2004, or any other date not more than a total of one hundred twenty-five
(125)
days from September 19, 2003, the date of the Illinois EPA’s final decision. In support
thereof, the Illinois EPA respectfully states as follows:
1.
On September 19, 2003, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On September
25,
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 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
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: October 24, 2003
This filing submitted on recycled paper.
2
‘g~’97/ 7~S~27
p
•
-
1021
ILLINOIS
NORTH GRAND
ENVIRONMENTAL
AVENUE EAST, P.O. Box 19276,
PROTECTION
SPRINGFIELD, ILLINOIS
AGENCY
62794-9276
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601
ROD R. BLAGOIEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
CERTIFIED
MAIL
7002 3150 0000 1224 6573
SEP
1920fl3
Danny Rowell
P.O. Box 276
Ashley,Illinois62808
-- -
-
Re: LPC #1890105004--Washington County
Ashley/Action Amusement Company
432 East Main
LUST Incident No. 971700
LUST Technical File
Dear Mr. Rowell.
-
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Low
Priority Groundwater Monitoring Plan Budget (budget) submitted for the above-
referenced incident. The Illinois EPA ,received this budget, dated September 2, 2003 on
September 3, 2003. Citations in this letter are from the Environmental Protection Act
(Act) and 35 Illinois Administrative Code
(35
Ill. Adm. Code).
The, budget is rejected for the reason(s) listed in Attachment A pursuant to Section
57.7(c)(4)
ofthe Actand 35 III. Adm. Code 732.405(c) and
732.503(b).
Ifat any time the groundwater analysis indicates a confirmed exceedence ofthe indicator
contaminants, the owner or operator must notify the Illinois EPA ofthe exceedence
within 30 days
(35
Iii. Adm. Code 732.403(d)(2)).
All future correspondence must be submitted 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.
ROCKFORD —4302 North Main Street, Rockior
—
9~7-77~fl •0
‘
‘
a Plaines, IL 60016 — (847) 294-4000
ELaN
— 595 South State, Elgin,
1614 — (309) 693-5463
BUREAU OF LAND - PEORIA — 7620 N. University St..
si, Champaign, IL 61820— (217) 278-5800
SPRINGFIELD —45005. Sixth Street Rd., Sprin
Iinsvj)Ie, IL 62234 — (618) 346-5120
MA
4/
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 Matthew’Uri’sh, P.G.,
at 217/782-6762.
.
Sincerely,
Michael T. Low er
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau ofLand
MTL:MU
Attachment: Attachment A
Appeal Rights
cc:
Sallie Minks, United Science Industries, Inc.
Division File
Attachment A
Re: LPC #1890105004--Washington County
Ashley/Action Amusement Company
432 East Main
LUST Incident No. 971700
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code (35 III. Adm. Code).
One of the 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)).
The
budget includes costs that are not reasonable as submitted (Section
57.7(c)(4)(C)
ofthe
Act and 35 III. Adm. Code 732.606(hh)).
MTL:MU
.
.
.
.
‘/
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 of issuance 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 fmal 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 ofan appeal, please contact:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois 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
Phone: (618) 735-2411
Fax: (618) 735-2907
E-Mail: unitedscience@unitedscience.com
September 25, 2003
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, IL 62792-9276
Re:
LPC# 18901 05004—Washington County
Ashley/Action Amusement Company
432 East Main
LUST Incident No. 971700
Dear Mr. John Kim:
a
•
‘~~ ii~
Divis~Oflof
Legal Counsel
SEP 26
2Ci13
Environmental ProtectlOfl
Agency
United Science Industries, Inc. (USI), on behalf of our client, Mr. Danny Rowell,
is requesting a 90-day extension to the 35-day appeal period in regards to the
IEPA correspondence dated September
19,
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.
Sincerely yours,
UNITED SCIENCE INDUSTRIES, INC.
Sallie Minks
Project Manager
Enclosures
UNITED SCIENCE INDUSTRIES
cc:’ Mr. ‘Danny Rowell
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on October 24, 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
Sallie Minks, 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,
.Kim
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)