2 F, INC.,

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

DorothyM. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

STATE OF ILLINOIS

Pollution Control Board

)

PCBNo.04-O~

)

(LUST Appeal

—

NinetyDay Extension)

)

)

NOTICE

Rachel Morgan, 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.

Respectftilly submitted,

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)

Dated: May

17, 2004

BEFORE

THE POLLUTION CONTROL BOARD

OF THE STATE

OF ILLINOIS

MAY

192004

Petitioner,

V.

)

)

Respondent.

---

BEFORE THE

POLLUTION CONTROL BOARD

OF THE STATE

OF ILLINOIS

E

MAY

192004

2 F, INC.,

..

)

STATE OF ILLINOIS

Petitioner,

)

20

~

Pollution Control Board

)

PCB No. 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 ofits

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

(3~5)

day period for petitioning for a

hearing to August

16, 2004,

or any other date not more than a total of one hundred twenty-five

(125)

days from the date ofservice ofthe Illinois EPA’s final decision.

The

125t1~day is August

15,

2004,

a Sunday.

The next business day is

August

16,

2004.

In support thereof, the Illinois

EPA respectfully states as follows:

1.

On

April

9,

2004,

the

Illinois

EPA

issued

a

final

decision

to

the

Petitioner.

(Exhibit A)

2.

On April 22, 2004, the Petitioner made a written request to the Illinois EPA for an

extension o~time

by which to file a petition for review, asking the Illinois EPAjoin 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 April 12, 2004.

(Exhibit B)

1

---

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.

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

John

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 17, 2004

This

filing submitted on recycled paper.

2

---

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

APR 0

9

zrni~

ROD

R.

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

CERTIFIED MAIL

7002

3150

0000

1257

0517

2 F,

Inc.

Attn:

Ron Emery do Chuck Fitzpatrick

1011

West Popular

Harrisburg,

Illinois

62946

Re:

LPC

1650205059

--

Williamson County

Harrisburg/2 F,

Inc.

1011

West Popular

LUST Incident No. 20000432

LUST Technical File

Dear Mr. Emery:

/

APR

12REC’U

/

The Illinois Environmental

Protection Agency (Illinois EPA) has reviewed the Response (response) to

the Illinois EPA

Rejection Letter dated June 20,

2003.

This response dated December

10, 2003,

was

received December

11, 2003, and reviewed

in conjunction with the High Priority Corrective Action Plan

(plan) received by the Illinois EPA on

February

20, 2003

for the above-referenced

incident.

Citations in

this letter are from the Environmental

Protection

Act (Act) and 35

Illinois Administrative Code (35

in.

Adm.

Code).

Pursuant

to Section 57.7(c)(4) of the 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 of the Act

and 35

Ill. Adm.

Code 732:

1.

The proposed area of excavation

is reduced to and average depth of 6 feet.

The volume

ofsoil

approved for excavation is 767 tons

(1150

cy).

Please note that the previously excavated area is

not included

in the area to be excavated.

2.

The ins,tallation of replacement wells in the excavated area is not approved.

3.

Groundwater monitoring is required six months after the completion of the excavation to

determine the

status of the groundwater contamination.

Monitoring should be

conducted only on

the wells previously exceeding groundwater remediation objectives.

Please note that all

activities associated

with

the

remediation of this release proposed

in

the

plan must be

executed

in

accordance with all

applicable regulatory and statutory requirements,

including compliance

with

the proper permits.

Due

to

the changes made to the plan

in

the

Roc~o)xo

—

4302 North

Maio

Street,

RocUord,

IL

61

103

—

1815)

b

ELCIN

—

595

South

State,

EltOn,

IL

60123

—

(847)

608-

~

R1jxr•o)

or

L.~No

-

PLC)RPA

—

7620 N.

University

St.,

Peori,~,

II, 61614

—

(3

SvxI,N:rtO.D

4500 S. Sixth Street

Rd.. Sprrrri~~He(d,

IL

(,2706

—

121

i’,t \O

)N

.-

2 (09

\is’

Main

tions made by the

Illinois EPA, the

Harrison

St., Des ‘hOnes,

IL 60016—1847)

294-4000

SOy

SI., Peoria, IL

61614

3030 693-5463

25

South

FIrSI Street.

Champaign,

tL

61820

—

217)

28-3$00

)9

Mall Street,

Col(insvifle,

IL

62234

—

(618)

346-31

20

18) 993-72(10

EXHIBIT

---

Page 2

budget for the High Priority Corrective Action Plan

as previously submitted remains rejected as noted in

the June 20,

2003 Illinois EPA rejection letter.

In

addition, costs for activities in excess of those

necessary to meet the minimum requirements are

not eligible for reimbursement from the Fund

(35

Ill.

Adm. Code 732.606(o)).

Please note that, if the owner or operator agrees with

the Illinois EPA’s

modifications, submittal of an

amended plan is not required (Section

57.7(c)(4)

of the Act and 35

Iii. Adm. Code 732.503(f)).

However,

submittal of a budget reflecting the

changes and modifications to the plan is required.

NOTE:

This letter does not constitute Illinois EPA approval of any costs incurred during the completion

of activities proposed in the plan.

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 duplicate and include the Re: block shown at the beginning of this

letter.

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

to the Illinois Pollution

Control Board.

Appeal rights are

attached.

If you have any questions or need further assistance, please contact Lizz Schwartzkopf at

217/557-

8763.

Harry A.

Chappel, P.E.

Unit Manag?r

Leaking Underground Storage Tank Section

Division of Rernediation Management

Bureau of Land

HAC:LS

Attachment:

Appeal

Rights

C:

United Science Industries

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 of time

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 of the 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 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 of Legal 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

April 22,

2004

Phone:

(618) 735-2411

Fax: (618) 735-2907

E-Mail:

unitedscience@ unitedscience.com

Illinois Environmental Protection Agency

Division of Legal Counsel

1021

North Grand Avenue

East

Springfield,

IL 62792-9276

Re:

LPC#

1650205059

—

Saline Co.

Harrisburg/2F Inc.

1011

West Poplar

LUST Incident No. 2000-0432

ATTN:

John

Kim

Dear Mr. Kim,

United

Science

Industries,

Inc.

(USI),

on

behalf

of

our

client,

2F

Inc.,

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.

questions or comments

regarding

this

matter

please

contact

2411

ext.

172.

Sincerely yours,

UNITED SCIENCE INDUSTRIES,

INC.

If

you

have

any

me

at

(618)

735-

Rachel Morgan

Project Manager

Enclosures

RM:bg

I~

EXHIBIT

~c~VED

Legal Counsel

APR

26

2OO~

~

Protection

UNITED

SCIENCE

INDUSTRIES

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law,

hereby certify that on May 17, 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 named persons:

Dorothy M. Gunn, Clerk

Rachel Morgan, 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

~ond~~

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)