BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE
OF APPEAL PERIOD
CERTIFIED MAIL
EXHIBIT
SECTION 1
Carmi/Aylsworth Oil Company905 East Main Street
LUST Incident No. 982746
EBITI

RECEIVED
Agency

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

AYLSWORTH OIL COMPANY,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Dorothy M. Gunn, Clerk

flhinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Petitioner,

Respondent.

)

CLERK~SOFFICE

MAY

242004

STATE OF

ILLINOIS

PO1IUtjO~Control Board

)

PCB No. 04-

)

(LUST Appeal

—

Ninety Day Extension)

)

NOTICE

Holly Hurt, Project Manager

United Science Industries

P.O. Box 360

6295 East flhinois 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,

ant 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 20, 2004

RECE~VED

CLERK’S OFFICE

BEFORE THE POLLUTION CONTROL

BOARD

MAY 242004

OF THE STATE OF ILLINOIS

Pollution

STATE OF

Control

ILLINOIS

Board

AYLSWORTH OIL COMPANY,

)

Petitioner,

)

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 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

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 18, 2004, or any other date not more than a total of one hundred twenty-five

(125) days from the date ofthe illinois EPA’s final decision. In support thereof, the Illinois EPA

respectfully states as follows:

On April

15,

2004, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

On April 28, 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)

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 maybe 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 forpetitioning for a hearing.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

~Th

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 20, 2004

This filing submitted on recycled paper.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276, 21 7-782-3397

JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601, 312-814-6026

ROD R.

BLACOJEVICH, GOVERNOR

RENEE CIPRIANO, DIRECTOR

217/782-6762

APR t5 20fl4

Aylsworth Oil Company

Attention: Mr. Joseph Aylsworth

905

East Mail Street

Carmi, Illinois 62821

Re:

LPC # 1930105033

White

Aylsworth Oil Company

905 East Main Street

LUST Incident #982746

LUST Technical File

Dear Mr. Aylsworth:

CERTIFIED MAIL

7001 2510 0002 52&0 7291

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

Corrective Action Plan (plan) submitted for the above-referenced incident. This plan, dated

December 12, 2003, was received by the Illinois EPA on December

15,

2003. In addition, a

report containing gr 9undwater sampling data dated February 13, 2004 and received by Illinois

EPA on February 19, 2004, was reviewed. 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)

ofthe Act and 35 Iii. 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 ofthe Act and 35 Iii. Adm. Code 732:

Due to the soil and groundwater sampling results from the area identified as RIDES Mass

Transit, as well as MW-l/SCB, and as well as the’~groundwatergradient, it appears as

though soil and groundwater contamination from this area is from a currently unidentified

on-site source. Therefore, future investigation work in the area identified as RIDES Mass

Transit, as well as any corrective action on this property, will not be considered eligible

from the UST fund unless this release is from a tank eligible for reimbursement in RIDES

Mass Transit area. Investigation work to date will be considered reimbursable from the

LUST fund.

ROCKFORD

—4302 North Main Street, Rockford, IL 61103 —(815)9

ELGIN —595 South State, Elgin, IL 60123

— (847)

608-

BUREAU OF LAND

PEORIA

— 7620 N. University St., Peoria, IL 61614 —

SPRINGFIELD

—4500 5. Sixth Street Rd., Springfield, IL 62706 —

(21

MARION

—

2309 W. Main

EXHIBIT

W. Harrison St., Des Plaines, IL 60016— (847) 294-4000

sity St., Peoria, II 61614— (309) 693-5463

25 South First Street, Champaign, IL 61820— (217) 278-5800

9 MalI Street, Collinsville, IL 62234 —(618)346-5120

18) 993-7200

Page 2

Regarding the proposed 6” concrete engineered barrier, the existing concrete and asphalt

appears to be a sufficient engineered barrier under 35 IAC 742.1100 (Engineered

Barriers), thus the proposal to replace this concrete and asphalt is denied.

A-demonstration may be made as to why the existing concrete and asphalt is insufficient

as an engineered barrier, but any approved engineered barrier would be a cap on top of

the existing asphalt. Costs associated with upgrades to the asphalt / concrete above the

cost to cap the existing asphalt / concrete would not be eligible for reimbursement from

the LUST fund.

At this time, proposed groundwater monitoring well MW-20 should not be advanced;

Both groundwater modeling and MW-19 demonstrate that groundwater contamination

would not migrate to the opposite side ofthe railroad property.

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.

In addition, the budget for the High Priority Corrective Action Plan is modified pursuant to

Section

57.7(c)(4)

ofthe Act and 35 Ill. Adm. Code 732.405(c). Based on the modifications

listed in Section 2 ofAttachment A, the amounts listed in Section 1 ofAttachment 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 35111. Adm. Code 732.604, 732.606(s), and 732.611. This budget includes

costs for completed activities, as well as the preparation ofthe off-site ELUCs and HAA and the

eventual CACR. Costs associated with the engineered barriers and proposed groundwater

monitoring well MW-20 have not been approved.

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 orbudget that have not

been approved prior to the issuance of an NFR Letter will not be reimbursable.

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

•r

Page3

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

Pol1uti~inControl Board. Appeal rights are attached.

If you have any questions or need further assistance, please contact Michael A. Heaton at

217/524-3312.

Sincerely,

•~

Michael T. Lowder

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau ofLand

MTL:mh\982746f2.doc

Attachment

cc:

Ms. Holly Hurt

United Science Industries (Woodlawn, Illinois)

Division File

Attachment A

Re:

LPC # 1930105033

White

Alysworth Oil Company

905 East Main Street

LUST Incident #982746

LUST Technical FileS

Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois

Administrative Code

(35

Ill. Adm. Code).

SECTION 1

As a result ofthe Illinois EPA’s modifications in Section 2 ofthis Attachment A, the following

amounts are approved:

$13,747.55

Investigation Costs

$4,585.00

Analysis Costs

$29,520.00

Personnel Costs

$1,912.50

Equipment Costs

$3,959.60

Field Purchases and Other Costs

Handling Charges

~4”S3’,7~

~“~‘

SECTION 2

$2,087.05

for Investigation Costs. These costs are for activities in excess of those

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

57.5(a)

the Act) and 35 Ill. Adm. Code 732 (Section

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 payment from the Fund

(35

Ill.

Adm. Code 732.606(o)). In addition, these costs are not corrective action costs.

“Corrective action” means an activity associated with compliance with the provisions of

Sections 57.6 and 57.7 of the 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)

ofthe Act)

Specifically, the proposed work associated with MW-20 has been eliminated from the

subject budget. This includes:

OneGloves,mobilization:camera,

visqueen,$250

Geoprobe, and headspace analysis containers:

$1,519.85

Well materials associated with MW-20: $317.20.

•

$266.00 for an adjustment in Investigation Costs. Such costs are not consistent with the.

requirement for a line item estimate. The budget must include a line item estimate ofall

costs associated with the development, implementation, and completion ofthe applicable

Attachment A

Page 2

activities

(35

Ill. Adm. Code 732.405(b)). The budget fails to include such line item

estimate.

Specifically, the rate for Drilling Costs has been reduced to $23 / foot, from $24 / foot.

266 feet were drilled, 266

$1/foot

$266.

$130.00 forAnalysis Costs. These costs are for activities in excess ofthose necessary to

meet the minimum requirements ofTitle XVI of the Act (Section

57.5(a)

ofthe Act) and

35 Ill. Adm. Code 732 (Section

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 payment from the Fund

(35

Ill. Adm. Code

732.606(o)). In addition, these costs are not corrective action costs. “Corrective action”

means an activity associated with compliance with the provisions ofSections 57.6 and

5~77ofthe Act (Section 57.2 of the 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)

Specifically, the two groundwater samples associated with proposed groundwater

monitoring well MW-20 have been eliminated. 2 samples

$65

/ sample

$130.

$20,521.50 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)).

Please note that additional information and/or supporting

documentation maybe provided to demonstrate the costs are reasonable.

Please note that work associated with groundwater monitoring well abandonmenthas

been moved to “Other Costs”.

$540.00 for an adjustment in Equipment Costs. The Illinois EPA has determined that

these costs are not reasonable as submitted (Section 57.7(c)(4)(C) ofthe 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/or supporting

documentation may be provided to demonstrate the costs are reasonable.

Specifically, 10 days have been allotted to the Env. Utility Vehicle at $60! day, thus all

other vehicles have been eliminated. This includes the service truck with tools ($420), 5-

ton utility trailer

($45),

S/M utility vehicle ($30), and the drill rig utility trailer

($45).

Attachment A

Page 3

$475.00 for an adjustment in Equipment Costs. Such costs are not consistent with the

requirement for a line item estimate. The budget must include a line item estimate ofall

costs associated with the development, implementation, and completion of the applicable

activities

(35

III. Adm. Code 732.405(b)). The budget fails to include such line item

estimate.

The proposed work, which appears to be associated with the construction ofproposed

groundwater monitoring well MW-20, has been eliminated.

$64,020.80 for an adjustment in Field Purchases and Other 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)).

Please note that additional information and/or supporting

documentation may be provided to demonstrate the costs are reasonable.

•

Specifically, $100 has been deducted from Shipping Costs, $1,185 has been deducted

from well abandonment costs (the remaining $3,815 includes Personnel costs), and

$62,280.00 has been deducted from concrete engineered barrier costs. In addition,

$455.80

was deducted for costs associated with “Carmi Light and Water”. It is unclear

what this charge was for, further information for this charge may be provided in a future

submittal. If these charges were associated with water disposal, the volume ofwater

disposed will need to be provided.

$66.70 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

$5,001

$15,000

$600 plus 10 ofamount over $5,000

$15,001

$50,000

$1,600 plus ~ ofamount over $15,000

$50,001

$100,000

$4,400 plus

ofamount over $50,000

$100,001

$1,000,000

$6,900 plus 2 ofamount over $100,000

As a result ofthe reduction in sampling shipping from $200 to $100, and the elimination

of$455.80 for Carmi Light and Power, the remaining amount eligible for reimbursement

is $164.60.

MTL:mh\982746a2.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 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 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

6295 East Illinois Highway 15

Woodlawn, Illinois 62898-0360

April 28, 2004

Phone: (618) 735—2411

Fax: (618) 735-2907

E-Mail: unitedscience@ unitedsciencecom

Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

Springfield, IL 62792-9276

Attn:

John Kim

Re:

LPC# 1930105033--White Co.

Carmi/Aylsworth Oil Company

905 East Main Street

LUST Incident No. 982746

Dear

Mr.

Kim,

United Science Industries, Inc. (USI), on behalf of our client, Aylsworth Oil

Company, 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

Enclosures

J4LL~f~oth~

HH:bg

EBITI

RECEIVED

DI~l~j

Legal~

APR 30 2004

~nvironmentaiProtection

Agency

UNITED SCIENCE INDUSTRIES

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on May 20, 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

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-~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)