THE POLLUTION CONTROL BOARD CLERKS OFFICEOF THE STATE OF ILLINOIS
NOTICE
CLERK’S OFFICE
REQUEST FOR NINETY DAY EXTENSIONOF APPEAL PERIOD
1406 Locust Street
LUST Incident No. 970029
USI Project #1801063

EXHIBIT

APR 2?

2004

)

STATE OF ILLINOIS

)

Pollution Control Board

)

PCBNo~04-

)

(LUST Appeal

—

Ninety Day Extension)

)

Dorothy M. Gunn,

Clerk

Robert J. Puifrey, 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

Suite 11-500

Woodlawn, IL

62898-0360

Chicago,

IL 60601

PLEASE

TAKE

NOTICE that

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

2 17/782-9143 (TDD)

Dated:

April 23, 2004

RECE~vED

BEFORE

THE POLLUTION CONTROL BOARD

CLERKS OFFICE

OF THE STATE OF ILLINOIS

WABASH VALLEY SERVICE,

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

NOTICE

CLERK’S OFFICE

BEFORE THE

POLLUTION CONTROL BOARD

APR

2004

OF THE STATE OF ILLINOIS

STATE OF ILLII~OIS

Pollution Control

Board

WABASH VALLEY SERVICE,

)

Petitioner,

)

PCBNo.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

Section

40(a)(1) of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/40(a)(1))

and

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

July

22,

2004,

or any

other date not

more than

a total of one

hundred

twenty-five

(125)

days from the date of service ofthe Illinois EPA’s

final decision.

In support

thereof, the

Illinois EPA respectfully states as follows:

March

18,

2004,

the

Illinois

EPA

issued

final

decision

the Petitioner.

(Exhibit A)

On April 21, 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

represented that the final decision was received on March

19, 2004.

(Exhibit B)

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 maybe necessary to resolve this matter.

WHEREFORE,

for the

reasons stated

above, the

parties request

that

the

Board,

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

DivisionofLegal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: April 23, 2004

This filing submitted on recycled paper.

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

S...

1021

NORTH

GRAND AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276, 217-782-3397

JAMES

THOMPSON

CENTER,

100

WEST RANDOLPH,

SUITE

11-300,

CHICAGO,

60601, 312-814-6026

217/782-6762

RoD

BLAGOIEVICI-1,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

CERTIFIED

MAIL

7002

3150

0000

1255

780~

MAR

2Ofl~

Wabash Valley Service,

Inc.

Attn:

Kent Ochs

P.O.

Box

333

Fairfield, IL

62873

Re:

LPC#10l0153004--LawrenceCounty

Lawrenceville/Wabash Valley Service

1406 Locust Street

LUST Incident No. 970029, 962176

LUST Technical File

Dear Mr. Ochs:

REC’B

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

Corrective Action Plan Budget (budget) submitted for the above-referenced incident.

This

budget, dated December

6, 2003, was received by the Illinois EPA on December

8, 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 (Section

57.7(c)(4)

ofthe Act and

Ill. Adm. Code 732.405(c) and

732.503(b)).

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.

An underground storage tank system owner or operator may appeal this decision to

the Illinois

Pollution

Control Board.

Appeal rights are attached.

ROCKFORD —4302 North

Main Street,

Rocktord,

IL 61103

—

1815) 98

ELCIN

—

595

South State, Elgin,

IL 60123

—

(847) 608-3

BUREAU

L~o

PEoR~

—

7620 N.

University

St.,

Peoria,

IL 61614

—

(30

SPP,INcFIELD

—4500 S.

Sixth

Street

Rd., Springfield,

62706

—

(217

MARION

—2309W.

Main

EXHIBIT

Harrison

St.,

Des Plaines,

IL 60016

—

847)

294-4000

SI.,

Peoria, IL 61614

—

(309r 693-5463

5 South

First Street, Champaign,

61820

—(217)

278-5800

9 MaIl

Street,

Collinsville,

IL 62234

—

(618) 346-5120

18) 993-7200

PRINTED o~.

RECrCLED PAPE~

Page

If you have any questions

or need further assistance, please contact Chris Covert at 2 17/785-

3943.

incere y,

Thomas A. Henninge~’

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau of Land

TAH:CC\

Attachment:

Attachment A

Appeal Rights

cc:

United Science Industries, Inc.

Division File

Attachment A

Re:

LPC #

1010153004

Lawrence

County

Lawrenceville, Wabash Valley Service

1406 Locust Street

LUST Incident No. 970029,

962176

LUST Technical File

Citations in this attachment are from the Environmental Protection Act (Act) and

Illinois

Administrative Code

(35

Ill. Adm. Code).

The

budget includes costs that lack supporting documentation

(35

Ill. Adm.

Code

732.606(gg)).

A corrective action plan budget for a site classified as high priority must

include, but not be limited to, an accounting ofall costs associated with the development,

implementation, and completion ofthe applicable activities (Section

57.7(c)(1)(B)

of the

•

Act and 35

Ill.

Adm.

Code 732.405(b)).

Since there is

no supporting documentation of

costs, the Illinois EPA cannot determine that costs will not be used for activities in

excess

of those necessary to meet the minimum requirements ofTitle XVI ofthe Act (Section

5 7.5(a)

ofthe Act and 35

Ill. Adm.

Code 732.606(o)).

Adequatejustification for the budget amendment was not provided.

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

732.505(c)).

The budget includes costs that are inconsistent with the

associated technical plan.

Based on the requested amended amounts, it appears that the work associated with the

previously approved plan has been modified.

Ifthis is the case, an amended work plan

must be submitted.

TAH:CC\

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 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 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 ofan extension, please contact:

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021

North Grand Avenue East

Post Office Box 19276

Springfield,

62794-9276

217/782-5544

P.O. Box 360

6295

East Illinois Highway

Woodlawn, Illinois 62898-0360

April 21, 2004

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021 North Grand Avenue East

Springfield,

62794-9276

Attn:

John Kim

Re:

LPC#

1010153004

—

Lawrence

Co.

Wabash Valley

Lawrenceviile

1406 Locust Street

LUST Incident No. 970029

USI Project #1801063

Dear Mr. Kim:

Phone: (618) 735-2411

Fax: (618) 735-2907

E-Mail: unitedscience@unitedscience.com

RECEIVED

Division of Leqa~

Ccunsel

APR

2CU~

EnvirOflment~ProteCtiofl

Agency

United

Science

Industries,

Inc.

(USI),

behalf of

our

client,

Wabash

Valley,

requesting

90-day

extension of

the

35-day

appeal

period

regards

the

IEPA

correspondence included.

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

extension 145.

Sincerely yours,

UNITED SCIENCE INDUSTRIES, INC.

Robert J. Pulfrey

Project Manager

Enclosures

RJP;jlr

UNITED

SCIENCE_INDUSTRIES

EXHIBIT

1~7

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on April 23, 2004, I served true and

correct

copies of a

REQUEST

FOR NINETY

DAY EXTENSION

APPEAL

PERIOD,

placing

true

and

correct

copies in

properly

sealed and

addressed

envelopes and

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

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,

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)