HICKS BULK DISTRIBUTION,
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.
RECE~VED
CLERK’S OFFICE
STATE OF ILLINOIS
)
Pollution Control Board
)
)
PCB No.
04-
)
(LUST Appeal
Ninety Day Extension)
)
)
NOTICE
Holly Hurt, Project Manager
United Science Industries
P.O. Box 360
6295
East fllinois Highway
15
Woodlawn, IL
62898-0360
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:
May ~i1, 2004
BEFORE
THE POLLUTION CONTROL
BOARD
MAY
132004
OF THE
STATE OF ILLINOIS
V.
BEFORE THE POLLUTION CONTROL BOARI9LERKS
OFFICE
OF THE STATE OF ILLINOIS
MAY
132004
HICKS
BULK DISTRIBUTION,
P0
on Contrl
Petitioner,
)
v.
)
PCBNo.04-
I
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal
—
NinetyDay 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
Iii.
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 August
10,
2004,
or any other date not more than a total of one
hundred twenty-five
(125)
days from April 7, 2004, the date ofservice ofthe Illinois EPA’s final decision.
In support
thereof, the Illinois EPA respectfully states as follows:
1.
On
April
6,
2004,
the
Illinois
EPA
issued
a
final
decision
to
the
Petitioner.
(Exhibit A)
2.
On May 3, 2004,
the Petitioner made a written request to the Illinois
EPA for an
extension oftime by
which
to file a petition for review, asking the Illinois EPAjoin in requesting
that the Boaid extend the thirty-five day period for filing
a petition to ninety days.
The Petitioner
represented that the final decision was received on April 7, 2004.
(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.
I
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: May 11,
2004
This filing submitted on recycled paper.
2
r7f~
S
217/782-6762
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.
BLAGOIEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
CERTIFIED MAIL
APR 0
6
2004
7001
2510
0002
S280
7369
Hicks Bulk Distribution
Attention:
Rodger Walker
500 West
1-lerrin Street
Herrin, Illinois 62948
Re:
LPC #0770155030
--
Jackson County
Carbondale/ Hicks Bulk Distribution
221
North Illinois
LUST Incident No. 911015
LUST Technical
File
Dear Mr.
Walker:
(~TED
~7
REC’B
BY: ~
The Illinois Environmental
Protection Agency (Illinois
EPA) has reviewed the Site Classification
Work
Plan (plan) submitted for the above-referenced
incident.
This plan, dated December 23,
2003, was received by the Illinois EPA on December 26, 2003.
Citations in
this letter are from
the Environmental Protection Act (Act) and 35 Illinois Administrative Code (35 Ill.
Adm. Code).
The Illinois EPA requires modification ofthe plan; therefore, the plan is
conditionally approved
with the Illinois EPA’s modifications.
The Illinois EPA has determined that the modifications
below are necessary to demonstrate compliance with Title XVI ofthe Act and 35
Ill.
Adm. Code
732 (Section 57.7(a)(1) ofthe Act and
35 Ill.
Adm. Code 732.305(c) or 732.312(j)):
1.
The Agency is
ii~t
approving the proposed round 2
site investigation at this time.
The
budget proposed
in the plan also reflects this request.
2.
Based on information in the site file there was never a diesel tank on-site nor did the
waste oil tank have a release,
based on
this the indicator contaminants for the site are
BTE)~
only.
The proposed budget also reflects this
determination.
3.
The site file fails to indicate whether the underground storage tanks have been excavated
or remain on-site.
4.
The Agency is requesting that
round I proposed soil
boring/well BH-12/MW-9 be
relocated south ofprevious soil
boring B-5
along the west property line.
The Agency is
requesting that proposed soil boring BH-2/MW-1
be relocated north of previous soil
boring B-3
across Oak Street, and
proposed soil boring BH-3/MW-2 be relocated south of
previous soil
boring B-6 south ofthe buildings.
ROCKFORD
—
4302
North
Main Slreet, Rockiord,
IL 61103
—
1815) 987-’~
—
595
South
State,
Elgin,
IL
60123 —(847) 608-31
BUREAU
OF
LAND
-
PEORIA
7620 N.
University
St.,
Peoria.
IL 61614
—1309)
SPRINGFIELD
—45005.
Sixth Street
Rd., Springfield,
IL
62706 —(217)
MARION
—
2309 W. Main
St.
0,
~
—
qs1 I
W
Harrison
St.,
Des Plaines. IL 60016—1847) 294-4000
U
St.,
Peoria,
IL 61614—1309) 693-5463
South First Street,
Champaign,
IL 61820—
1217) 278-5800
all
Street, Collinsville,
IL 62234—16181 346-5120
1 993-7200
EXHIBIT
A
Page 2
in addition,
the budget is modified pursuant to
Section 57.7(a)(1) of the Act and 35
Iii. Adm.
Code
732.305(c) or 732.312(j).
Based on the modifications
listed
in
Section
2 of Attachment A,
the amounts listed
in Section
1 of Attachment A are approved.
Please note that the costs must be
incurred in accordance with the approved plan.
Be aware
that the amount ofreimbursement may
be limited by Sections 57.8(e),
57.8(g), and
57.8(d)
ofthe Act, as well as 35
III. Adm.
Code
732.604,
732.606(s), and 732.611.
Please note that, if the owner or operator agrees with the Illinois EPA’s modifications, submittal
ofan amended
plan is not required (Section
57.7(c)(4)
ofthe Act and 35
III. Adm. Code
732.503(f)).
NOTE:
Amended plans andlor budgets must be submitted and
approved prior to the issuance of
a No Further Remediation (NFR) Letter.
Costs associated with a plan or budget that have not
been approved prior to the issuance ofan NFR Letter will not be reimbursable.
Pursuant to 35
Ill. Adm.
Code 732.301
a Site Classification Completion Report
must be
submitted within
120 days ofthe date ofthis 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
Please submit all
correspondence in duplicate and include the Re: block shown at the beginning
ofthis
letter.
An underground storage tank system owner or operatormay appeal this decision to the Illinois
Pollution Control Board.
Appeal rights are attached.
Attachment A
Re:
LPC #0770155030--Jackson County
Carbondale/ Hicks Bulk
Distribution
221
North Illinois
LUST
Incident No.
911015
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
As
a result ofthe Illinois EPA’s modification(s) in
Section
2 of this Attachment A, the following
amounts are approved:
$12,054.45
Investigation Costs
$3,654.00
Analysis Costs
$11,900.00
Personnel Costs
$782.00
Equipment Costs
$360.00
Field Purchases and Other Costs
$457.68
Handling Charges
SECTION
2
1.
$48,198.45 for an adjustment in plan modification
and unreasonable 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(h.h)).
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 andlor supporting documentation may be provided to demonstrate the costs
are reasonable.
The following proposed costs were deducted
from the budget based on the denial ofthe
round II investigation and PNA and metals analysis:
Investigation
--
$8,818.75
Analysis
--
$28,952.00
Equipment
--
$560.00
Field Purchases
--
$60.00
The amount proposed for the round I drilling costs was deemed unreasonable with
$1,680.00 deducted
from the investigative portion ofthe budget.
The amount proposed
for well
matei-ials was deemed unreasonable with $1,488.50 deducted from the budget.
The amount requested for latex gloves
was deemed
unreasonable with
$67.20 deducted
from the budget.
The amount proposed for the PID meter was deemed
unreasonable with
$15.00 deducted
from the budget.
The amount proposed for the transducer/data logger
was deemed unreasonable with $102.00 deducted
from the budget.
The amount proposed
for survey equipment was deemed unreasonable
with $41.00 deducted
from
the budget.
The amount proposed for the lazer level
was deemed unreasonable with $60.00 deducted
from
the budget.
The amount proposed for the ISWS
& ISGS
was deemed unreasonable
with
$30.00 deducted from the budget.
The amount proposed for personnel costs were
deemed
unreasonable with $6,324.00 deducted
from the personnel portion ofthe budget.
2.
$2,572.40 for an adjustment in handling charges.
Handling charges are eligible for
payment only if they are equal
to or less than the amount
determined by the following
table (Section
57.8(g)
ofthe Act
and 35
Ill. Adm.
Code 732.607):
Subcontract or Field
Eligible Handling Charges as a
Purchase Cost:
Percentage ofCost:
$0-$5,000
12
$5,001
-
$15,000
$600 plus
10
ofamount over $5,000
$15,001
-$50,000
$1,600 plus 8
ofamount over $15,000
$50,001
-
$100,000
$4,400 plus
5
ofamount over $50,000
$100,001
-
$1,000,000
$6,900 plus 2
ofamount over $100,000
Based on the deductions outlined previously the proposed handling charges were reduced
accordingly.
Please note, this approved budget replaces the budget approved January 2,
1996, as that
plan was never initiated.
jrni
Page
3
If you have any questions or need further assistance, please contact James R.
Malcom, III at
217/524-9140.
Sincerely,
Harry A. Chappel, P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation
Management
Bureau of Land
HAC:jrm
Attachment:
Budget Modifications
cc:
USI
Division File
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 of issuance 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
owner or 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 ofan
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 ofan 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
Phone: (618) 735-2411
6295
East
Illinois Highway
15
Fax:
(618) 735-2907
Woodlawn, Illinois 62898-0360
E-Mail: unitedscience@unitedscience.com
May 3, 2004
Illinois Environmental Protection Agency
Division of Legal Counsel
1021
North Grand Avenue
East
Springfield, IL 62792-9276
Attn:
John Kim
Re:
LPC# 0770155030--Jackson Co.
Carbondale/Hicks Bulk Distribution
221
North Illinois
LUST Incident No. 911015
Dear
Mr. Kim,
United
Science
Industries,
Inc.
(USI),
on
behalf
of
our
client,
Hick
Bulk
Distribution,
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. 192.
Sincerely yours,
UNITED SCIENCE INDUSTRIES,
INC.
Holly Hurt
Project Manager
RECEIVED
DIvision of L.sgal Couna~l
Enclosures
MAY06
2004
HH:bg
—
nVlronmental Protection
EXHIBIT
Agency
c~)
UNITED
SCIENCE INDUSTRIES
CERTIFICATE OF SERVICE
I, the undersigned attorney at
law, hereby certify that on May II, 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 in a U.S.
mail drop box located within
Springfield, Illinois, with sufficient
First Class Mail postage affixed thereto, upon the following namedpersons:
Dorothy M. Gunn, Clerk
Holly Hurt, 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,
John J
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)
