RECEIVED
CLERK’S OFFICE
~AR292004
STATE OF
~LL~NOlS
Pollution Control Board
CITY OF SULLIVAN,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
NOTICE
Dorothy
M.
Gunn, Clerk
Daniel A. King, 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
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 J. Kth~
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: March 23, 2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
)
Petitioner,
)
)
PCBNo.04-
)
(LUST Appeal
—
Ninety Day Extension)
Respondent.
)
)
REC~1VED
CLERK’S OFRCE
MAR
292004
BEFORE THE POLLUTION CONTROL BOARD
PollutionSTATE OFControl
ILL~.C~S
Bo~:rc~
OF THE STATE OF ILLINOIS
CITY OF
SULLIVAN,
)
Petitioner,
)
v.
)
PCBNo.O4-)1~1
ILLINOIS ENVIRONMENTAL
)
(LUST Appea~l
-
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
5140(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 June 22, 2004, or any other date not more than a total of one hundred twenty-five
(125) days from February 18, 2004, the date of the Illinois EPA’s final decision. In support
thereof, the Illinois EPA respectfully states as follows:
1.
On February 18, 2004, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On March 3, 2004, the Petitioner made a written request to the Illinois EPA for an
extension oftime by which to file a petition forreview, 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.
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
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: March 23, 2004
This filing submitted on recycled paper.
2
iLLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRiNGFIELD, ILUNOIS 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
7002 3150 00001255 h769
City ofSullivan
-
Mr. Rick Bennett
2 West Harrison
Sullivan, IL 61951
Re:
LPC #1390305024-- Moultrie County
Sullivanl City ofSullivar~-WymanPark
North Park Street
LUST Incide.it No. 20020216
LUST Technical File
Dear Mr. Bennett:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan Budget amendment (budget) submitted for the above-referenced incident.
This budget, dated January 14, 2004, was received by the Illinois EPA on January 20, 2004.
Citations in this letter are
from
the Environmental Protection Act (Act) and 35 Illinois
Administrative Code
(35
111. Adm. Code).
The budget is modified pursuant to Section
57.7(c)(4)
of the Act and 35 111. Adm. Code
732.40~(c).Based on the modifications listed in Section 2 of Attachment A, the amounts listed
in Seclion I 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) ofthe Act, as well as 35 Ill. Adm. Code 732.604,
732.(0((s). and 732.611.
For informational purposes only, the Agency requests a soil sample be taken prior to treatment
from the area subject to the sodium persulfate injections and analyzed for chemical oxygen
dLlmand. This sample may be taken the day of injections and is included in the modified budget.
k-
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Si., Des Plaines, IL 60016—1847) 294-4000
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(309)
693-5463
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Lni~t-r~t~St~P?~)rO.IL 6164 - 309
South FIr5I Street, Champaign, IL 61820 —(217) 278-5800
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Page 2
All future correspondence must be submitted 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 duplicat~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.
Ifyou have any questions or need further assistance, please contact Dave Myers at 217/785-7491.
iion~ts
.\.
HennJ
nit \lanat.~er
l.cLtkII1L.~t nderground Storage Tank Section
l)i~ision of Rernediation Management
l~ureauo I’ I .and
T.\I!’l)\l:drmllPam3BUD.doc
.\ttachiiient A
Appeal Rights
c
I riited Science Industries. Inc.
•
I
~
ision File
S iiicercly.
Attachment A
Re:
LPC
#1390305024--
Moultrie County
Sullivan! City ofSullivan-Wyman Park
North Park Street
LUST Incident No. 20020216
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
-
The budget was previously approved for:
$3204.00
Investigation Costs
$7420.00
Analysis Costs
1,548.00
Personnel Costs.
$17,157.00
Equipment Costs
$45,030.80
Field Purchases and Other Costs
$631.55
Handling Charges
As a result ofthe Illinois EPA’s modification(s) in Section 2 of this AttachrnentA, the following
amounts are approved:
$7782.55
Investigation Costs
S7220.00
Analysis Costs
528.075.00
Personnel Costs
S
11,095.00
Equipment Costs
$21 .23 2.95
Field Purchases and. Other Costs
$89.32
Handling Charges
Therefore, the total cumulative budget is approved for:
S 10,986.55
Investigation Costs
S14.640.O0
Analysis Costs
S79,623.00
Personnel Costs
$28,252.00
Equipment Costs
$66,263.75
Field Purchases and Other Costs
S720.87
Handling Charges
SECTION 2
I.
$195.00 for an adjustment in investigation cost associated with the per foot boring
charge. The Illinois EPA has determined that these costs are not reasonable as submitted
(Section
57.7(c)(4)(C)
ofthe Act and 35 111. Adm. Code 732.606(h.h)). One ofthe 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.
2.
Analysis costs are increased by $200.00 to account for the two closure soil BTEX
samples inadvertently left out ofthe budget and the one COD soil sample analysis
requested in this letter by the Agency.
3.
$3547.00 for an adjustment in personnel costs. 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 Ill. Adm.
Code
732.505(c)).
Pease note that additional information and/or supporting
documentation may be provided to demonstrate the costs are reasonable.
4.
58 15.00 for an adjustment in equipment costs associated with P~ rental, water level
indicator rental and vehicle 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 of the overall goals ofthe financial review is to assuie 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.
5.
S360.00 for an adjustment in equipment cost associated with the electric control panels.
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 may be provided to demonstrate the costs
-
are reasonable.
-
A monthly rate of S280.00 is allowed.
S3SSJI()
for an adjustment in equipment cost associated with injection equipment. The
Illinois EPA has determined that these costs are not reasonable as submitted (Section
ST.7c)4XC) 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 III. Adm. Code 732.505(c)). Please note that additional
infonuation and br supporting documentation may be provided to demonstrate the costs
arc reasonahl~.
~
These costs are included in the per foot charge allowed.
7.
52000.00 for an adjustment in field purchases and other costs associated with 02 tubes.
These costs are inconsistent with the associated technical plan. One of the overall goals
ofthe 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
732.5
05(c)).
The approved plan alldws for the installation of 7 additional treatment tubes.
8.
$6492.60 for an adjustment in field purchases and other costs associated with sodium
persulfate material. The Illinois EPA has determined that these costs are not reasonable
as submitted (Section 57.7(c)(4)(C) of the Act and 35 Iii. 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
Ill. Adm. Code 732.505(c)). Please
note that additional information and!oi supporting documentation maybe provided to
demonstrate the costs are reasonable.
This budget allows for the maximum projected pounds of material at $1.20 per pound.
Field conditions may limit the.actual pounds applied. Subsequent billing packages
should reflect only the amount of material used at the above maximum price per pound.
9.
55 13.80 for an adjustment in field purchases and other costs associated with ferrous
sulfate material. 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 of
the overall goals of the financial review is to assure that costs associated with materials,
activities, and services are reasonable (35 111. Adm. Code 732.505(c)). Please note that
additional information and/or supporting documentation may be provided to demonstrate
the costs are reasonable.
-
This budget allows for the maximum projected pounds of material at $0.30 per pound.
Field conditions may limit the actual pounds applied. Subsequent billing packages
should reflect only the amount of material used at the above maximum price per pound.
DM dim Fl Pam3BUDmodA.doc
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 of the final decision. However, the 35-day
period may be extended for a period oftime not to exceed 90 days by written notice from the
owneror 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 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 ofIllinois Center
-
‘100 West Randolph, Suite 11-500
-
Chicago, IL 60601
-
3 12/8 14-3620
For information regarding the filing ofan extension, please contact:
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
21 7~’782-5544
Division of Legal Coun~~i
MAR 05 2004
__________________________
Environmental Protection
______
_______________
Agency
P.O. Box 360
Phone: (618) 735-2411
6295 East Illinois Highway 15
Fax: (618) 735-2907
Woodlawn, Illinois 62898-0360
E-Mail: unitedscience@unitedscience.com
March 3, 2004
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, IL 62792-9276
Re:
LPC# 1390305024-Moultrie Co.
Sullivan/City of Sullivan
—
Wyman Park
North Park Street
LUST Incident No. 20020216
ATTN: John Kim
Dear Mr. Kim:
United Science Industries, Inc. (USI), on behalf of our client, the City of Sullivan,
is requesting a 90-day extension to the 35-day appeal period in regards to the
IEPA correspondence included.
-
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. 131.
Sincerely yours,
UNITED SCIENCE INDUSTRIES, INC.
k~&anieiA. King
Project Manager
Enclosures
UNITED SCIENCE INDUSTRIES
DK:bg
CERTIFICATE OF SERVICE
-
I, the undersigned attorney at law, hereby certify that on March 23, 2004, 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 ii’i 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
Daniel A. King, 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
Suitc 11-500
Woodlawn, IL 62898-0360
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
John J1’Rii
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)