RECEPVED
CLERK’S OFFICE
BEFORE
THE POLLUTION
CONTROL
BOARD
OF THE
STATE OF ILLINOIS
I”~AY192004
STATE OF ILLINOIS
)
Pollution Control Board
PCB No. 04-
~
)
(LUST Appeal
—
Ninety Day Extension)
)
)
NOTICE
Dorothy M. Gunn, Clerk
Bob Puifrey, Project Manager
flhinois Pollution Control Board
United Science Industries
James
R. Thompson Center
P.O.
Box 360
100 West Randolph Street
6295
East flhinois 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 ofwhich
are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Jo~m~Th
Assistant Counsel
Special Assistant Attorney General
Division ofLegal Counsel
1021 North Grand Avenue, East
P.O.
Box
19276
Springfield, flhinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: May 17,
2004
AUBURN REALTY,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
RECE
WED
BEFORE THE
POLLUTION CONTROL
BOARDCLERK’S OFFICE
OF THE
STATE OF ILLINOIS
MAY
192004
AUBURN REALTY,
)
STATE OF ILLINOIS
Petitioner,
)
Pollution Control Board
v.
)
PCBNo.04-
~
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal
-
Ninety DayExtension)
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
Illinois
Pollution
Control Board (“Board”) grant an extension ofthe thirty-five
(35)
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 of service of the Illinois EPA’s final decision.
The
125t1~day is August
15,
2004,
a
Sunday.
The next business day is August
16, 2004.
Tn 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 May 10, 2004,
the Petitioner made a written request to
the Illinois EPA for an
extension
bf
time 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 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 of any
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
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 17, 2004
This filing
submitted
on recycled paper.
2
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.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED MAIL
—
7001
2510
0002
5280
7307
—
APR
0
9
2OO1~
Central Illinois Supply
I
RECE~7ED
Attention:
Annette Stufflebeam
j
APR
1
2
nrr~’
Post Office Box
49
flCjJ
0
Auburn, IL
62615
Re:
LPC ~02 10455002
--Christian County
Palmer/Auburn Realty
Highway 48 &
5th Street
LUST Incident No. 20010264
LUST Technical File
Dear
Ms.
Stufflebeam:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan (plan) submitted for the above-referenced incident.
This
information,
dated November
19, 2003, was received by the Illinois EPA on December 12,
2003.
Citations
in
this letter are from the Environmental Protection Act (Act) and 35 Illinois Administrative Code
(35
Ill.
Adm.
Code).
Pursuant to
Section
57.7(c)(4)(D) of the Act and 35
111. Adm.
Code 732.405(c), the High Priority
Corrective Action Plan is
rejected for the following reason(s):
I.
You have failed to provide feasibility ofthe application ofsodium persulfate to
the floor
ofthe
excavation.
2.
You have failed to provide determination and
explanations of molar calculations,
formulas, ratios and abbreviations used in your sodium persulfate requirements for
groundwater contamination.
3.
You have failed to justify sodium
persulfate amounts used to treat the contaminated soil
and/or groundwater.
Pursuant
to
Sections 57.7(a)(1) and 57.7(c)(4)(D) of the Act and
35
111.
Adm. Code 732.405(e)
and 732.503(b), the associated budget
is rejected for the reasons listed in Attachment A.
ROCKFORD
—4302
North
Main
Street,
Rockford,
IL
61103
—(815)9
ELGIN
—
595 South
Slate, Elgin,
IL 60123
—1847) 608-
BUREAU
or
LAND
-
PEORIA
—
7620
N.
University
St.,
Peoria,
IL 61614—
(3
SPRINGFIELD
—4500
S. Sixth Street
Rd.,
Springfield,
II. 62706
—(21
MARION
—
2309
W.
Main
EXHIBIT
A
N. Harrison
St.,
Des Plaines,
IL 60016 —1847)
294-4000
rsity St.,
Peoria, IL 61614 —(309) 693-5463
25 South
First Street, Champaign,
IL 61820—1217) 278-5800
09 MaIl
Street, Collinsville, IL
62234 —(618) 346-5120
618) 993-7200
Page 2
Pursuant
to 35
Ill. Adm.
Code 732.40 1, the Illinois
EPA requires submittal ofa revised High
Priority Corrective Action Plan, and
budget if applicable, within 90 days ofthe date of this letter
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.
If you have any questions or need further information, please.contact Jim Ransdell
at
27/557-6938.
Sincerely,
Thomas A. Henninger
Unit
Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
TAH:JSR:jk\042662.doc
Attachment:
Attachment A
Appeal Rights
c:
US!
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) ofthe Act by filing
a petition
for a hearing within 35 days after the date ofissuance 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,
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 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 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, IL
62794-9276
217/782-5544
Attachment A
Re:
LPC #02 10455002
--
Christian County
Palmer/Auburn Realty
Highway 48 &
5th Street
LUST Incident No. 20010264
LUST Technical File
Citations in
this attachment are from the Environmental
Protection Act (Act) and
35
Illinois
Administrative Code
(35
Ill.
Adm. Code).
The
Illinois
EPA has not
approved the plan with which the budget is associated.
Therefore, the Illinois
EPA cannot determine whether these costs
are for activities
in
excess of those necessary to
meet the minimum requirements ofTitle XVI ofthe Act
(Section
57.5(a)
ofthe Act and 35
Ill. Adm.
Code 732.505(c)).
Costs for corrective
action activities and
associated materials or services
exceeding the minimum
requirements necessary to comply with the Act are not eligible for reimbursement from
the Fund (35
111.
Adm.
Code 732.606(o)).
It also cannot be determined whether the costs
are corrective action costs.
“Corrective action” means an activity associated with
compliance with the provision ofSection 57.6 and
57.7
ofthe Act (Section 57.2 ofthe
•
Act and 35 Ill. Adm. Code 732.103).
One ofthe eligibility requirements for accessing the
Fund
is that costs are associated with
“corrective action” (Section 57.9(a)(7) of
the Act).
In addition,
it cannot be determined whether these costs are reasonable
as submitted
(Section 57.7(c)(4)(C) ofthe Act and 35
111. Adm.
Code 732.505(c)
732.606(hh)).
TAH:JSR:jk\042662 .doc
P.O. Box 360
6295
East Illinois Highway 15
Woodlawn, Illinois 62898-0360
May
10,
2004
Illinois
Environmental Protection Agency
Division of Legal Counsel
1021
North
Grand Avenue
East
Springfield, IL 62792-9276
Re:
LPC# 0210455002—Christian County
Palmer/Auburn Realty
Highway 48 &
5th
Street
LUST Incident No. 20010264
Dear Mr. John
Kim:
Phone: (618) 735.2411
Fax: (618) 735-2907
E-Mail: unitedscience@unitedscience.com
RECEIVED
Division of Lo~aj
COU~~GI
MAY
I I
2OO~
Environmentaj
Protection
Agency
United Science
Industries,
Inc. (USI),
on
behalf of our client, Ms.
Stufflebeam,
is
requesting
a
90-day extension
to
the
35-day
appeal
period
in
regards
to
the
IEPA
correspondence
dated
April
09,
2004.
A
copy of the
correspondence
is
attached.
I
appreciate
your
time
and
consideration
in
questions or comments concerning the
above,
2411.
Sincerely yours,
UNITED SCIENCE INDUSTRIES,
INC.
(~1
Bob Pulfrey
Project Manager
Enclosures
this
matter.
If
you
have
any
please
contact me
at (618) 735-
UNITED
SCIENCE
INDUSTRIES
EXHIBIT
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
Bob 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 15
Suite 11-500
Woodlawn, IL
62898-0360
Chicago, IL 60601
ILLiNOIS ENVIRONMENTAL
PROTECTION AGENCY,
Res
John J. 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)
