YESLEY SERVICE COMPANY,
)
Petitioner,
)
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
NOTICE
D
CLERK’S OFFlC~
MAY
2
4
2OO’~
STATE OF ILLH\JOIS
P~J1~tj~~
Control Board
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Matt Cherry, Project Manager
United Science Industries
P.O. Box 360
6295
Eastillinois 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 NThIETY DAY EXTENSION OF
APPEAL PE1UOD,
copies of which
are herewith served upon you.
Respectfullysubmitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
~Th
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 20, 2004
BEFORE
THE
POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
)
)
)
PCBNo.04-
(LUST Appeal
—
Ninety Day Extension)
RECE~ED
CLERK’S OFFICE
MAY
2
4 2004
BEFORE THE
POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
STATE OF
ILLINOIS
Pollution Control Board
YESLEY SERVICE COMPANY,
)
Petitioner,
)
,~
v.
)
PCBNo.04-
1’
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
35
111.
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 23,
2004,
or any other date not more than a total of one hundred twenty-five
(125)
days from the date ofservice of the Illinois EPA’s final decision.
The
125th
day is August
22,
2004,
a Sunday.
The next business day is August
23,
2004.
In support thereof, the Illinois
EPA respectfully states as follows:
1.
On April
16,
2004,
the
Illinois
EPA
issued
a
final
decision
to
the
Petitioner.
(Exhibit A)
2.
On April 22, 2004, the Petitionermade a written request to the illinois EPA for an
extension oftime by which to file a petition forreview, 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 decisionwas received on April
19, 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 administratiye 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
Jo~~
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 20, 2004
This filing submitted on recycled paper.
2
p
I
217/782-6762
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.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
CERTIFIED
MAIL
6
2OO~
Yes1e~Service
Company
Attention:
Ron Yesley
Post Office Box 206
Steeleville, IL
62288
Re:
LPC i~l5.7065000l
--
Randolph County
Steeleville/Yesley Service C’mpany
106 East Broadway
LUST Incident No. 922175
LUST Technical File
Dear Mr. Yesley:
7001
2510
0002
5280
7055
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan (li)lan) submitted for the above-referenced incident.
This plan, dated
March 17, 2004, was received by the Illinois EPA on April 18, 2004.
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 modifications listed in Attachment A 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.
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 B, the amounts listed ip Section
1 ofAttachment B
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
Ill. 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 and/or budget, if applicable, is not required (Section 57.7(c)(4) of the Act
and 35
Ill. Adm. Code 732.503(f)).
Additionally, pursuant to Section
57.8(a)(5)
ofthe Act and
ROCKFORD
—4302
North Main
Street, Rockford,
IL 61103 —(815) 987-7760
ELGIN
—595 South State, EIgin, IL 60123 —(847) 608-3
BUREAU OF
LAND
-
PEORIA
—
7620 N.
University
St.,
Peoria, IL 61614
—
(30
SPRINGFIELD
—
4500 5. Sixth
Street
Rd..
Springfield,
IL 62706— (217
MARION
—2309
W.
Main
•
Dts
PLAINES
—
9511
W. Harrison St., Des Plaines,
IL 60016— (847)
294-4000
5 South First
Street, Champaign, IL 61820— (217)
278-5800
tity
St., Peoria, IL 61614 —(309) 693-5463
9 Mall
Street, Collinsville,
IL 62234 —(618) 346-5120
18)993-7200
EXHIBIT
A
~FJCEI\’ED
APR
19
REC’D
Page
2
35
Ill. Adm.
Code 732.405(e), if reimbursement will be. sought for any additional costs that may
be
incurred as a result ofthe Illinois EPA’s modifications, an amended budget must be submitted.
NOTE:
Amended plans and/or budgets must be submitted and
approved prior to the issuance of
a No FJirther 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.
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.
If you have any questions or need further assistance, please contact Sam Hale at 217/782-6762.
Sincerely,
Clifford L. Wheeler
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau ofLand
CLW:SH:jk\042601 .doc
4
Attachment:
Attachment A
Attachment B
Appeal Rights
C:
United Science Industries
Division File
~
AttachmentA~
Re:
LPC #1570650001
--
Randolph County
.
Steeleville/Yesley Service Company
106 East Broadway
LUST Incident No. 922175
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act)
and 35 Illinois
Administrative Code
(35
Iii. Adm. Code).
The Plan shall be modified as follows:
1.
The amount ofsoils purposed for removal and
replacement shall be reduced so as not to
include those overburden and other soils that are not determined to beimpacted;
2.
The Plan shall include an
addendum for the additional investigation and corrective action
ofefforts addressing off-site underground
storage tanks, if it is determined that said
underground tanks are indeed encountered on the adjacent property.
No addendum shall
be required for submittal otherwise;
3.
The cost for the services, materials, and activities for the Plan shall be reasonable
and
kept in accordance with the minimum requirements to comply with the Act.
CLW:SI-I:jk\042601 .doc
Attachment B
Re:
LPC #1570650001
--Randolph County
Steeleville/Yesley Service Company
106 East Broadway
LUST Incident No. 922175
LUST Technical
File
Citatioiis in this attachment are from the Environmental
Protection Act (Act) and 35
Illinois
Administrative Code
(35
Ill.
Adm.
Code).
SECTION
1
The following amounts have been approved:
$0.00
Investigation Costs
$4,451.00
Analysis Costs
$21,240.00
Personnel Costs
$3,740.00
Equipment Costs
$421,953.60
Field Purchases and Other Costs
$26.40
Handling Charges
-
The amount approved for the High Priority Corrective Action Plan Budget is $451,411.00.
Therefore, the ‘following amounts have been approved:
$0.00
‘Investigation Costs
$4,451.00
An\alysls Costs
~
$21,240.00
Perspnnel Costs
5~
$3,740.00
Equipu~ient
Costs
$421,953.60
Field Purchases and Other Costs
$26.40
Handling”Charges
The total approved budget for the I-’ligh Priority Corrective Action Plan is $451,411.00.
SECTION
2
.
1.
$9.00 for an adjustment in
Analysis Costs.
The Illinois EPA has determined that these
costs are not reasonable as submitted (Section
57.7(c)(4)(C)
of the Act and
35
Ill. Adm.
Code
732.606(hh)).
One of the overall
goals ofthe 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 and/or supporting documentation
may be provided to demonstrate the costs are reasonable.
Page 2
2.
$19,541.00 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 of the 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.
3.
$1,320.00 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 Ill.
Adm.
Code 732.606(hh)).
One ofthe overall goals of the financial review is to assure
that costs associated with materials, activities, and services are reasonable
(35
Ill. Adm.
Code
732.505(c)).
Please nete that additional information and/or supporting
documentation may be provided to demonstrate the costs are reasonable.
4.
$15,020.00 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 of the overall goals ofthe financial review
is to assure that costs associated with materials, activities, and services ire reasonable (35
III. Adm. Code 732.505(c)).
Please note that additional information and/or supporting
documentation may be provided to
demonstrate the costs are reasonable.
CLW:SH:jk\042601 .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
operatpr 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 22, 2004
Illinois Environmental Protection Agency
Division of Legal Counsel
1021
North Grand Avenue East
Springfield,
IL 62792-9276
Attn: John Kim
Re:
LPC# 1530050001
Karnak
I
Village of Karnak
308 Washington
LUST Incident No. 20010101
Phone:
(618) 735-2411
Fax: (618) 735-2907
E-Mail:
unitedscience@ unitedscience.com
RECEIVED
Divi&on
of Legal C~Ufl~l~l
APR
232004
~nv~ronrneflt~
Protection
Agency
LPC# 1570650001
Steeleville / Yesley Service Company
106 East Broadway
LUST Incident No. 922175
United
Science
Industries,
Inc.
(USI),
on
behalf
of
our
clients,
Mr.
Darryl
Anderson,
Village
of Karnak,
and
Mr.
Ron Yesley,
Yesley
Service
Company,
is
requesting
a
90-day
extension
to
the
35-day
appeal
period
in
regards
to
the
IEPA correspondences dated March
18, 2004 and April
16,
2004.
A copy of the
correspondences is attached.
I
appreciate
your
time
and
consideration
in
this
matter.
If
you
have
any
questions or comments
concerning the
above,
please
contact me
at (618)
735-
24llext
185.
Sincerely yours,
UNITED SCIENCE INDUSTRIES,
INC.
~74
~~tt:;~Q~,
Mall Cherry
Project Manager
Enclosures
(BIT
UNITED
SCIENCE
INDUSTRIES
Mr. Kim:
4
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
NTh~ETYDAY 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 Mailpostage affixed thereto, upon the following named persons:
Dorothy M. Gunn, Clerk
Matt Cheny, 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,
.: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)
