JIM’S MOBIL,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
-
Respondent.
RECE~VED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
JUN
142004
OF THE STATE OF ILLINOIS
STATE
OF
ILLINOIS
Pollution Control Board
)
PCB No.
04-
)
(LUST Appeal
—
Ninety Day Extension)
)
)
NOTICE
)
)
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
East Illinois 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
JkjAuhIJ.
Ass!~’tantCounsel
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: June
10, 2004
RECE~VED
CLERK’S OFFICE
JUN
1420Q4
BEFORE THE POLLUTION CONTROL BOARD
STATE OF ILLINOIS
OF THE STATE OF ILLINOIS
Pollution
Control
Board
JIM’S MOBIL,
)
Petitioner,
)
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
September
13,
2004,
or any other date not
more than a total of one hundred twenty-
five
(125)
days from the date of service ofthe Illinois EPA’s final decision.
In support thereof,
the Illinois EPA respectfully states as follows:
1.
On
May
10,
2004,
the
Illinois
EPA
issued
a
final
decision
to
the
Petitioner.
(Exhibit A)
2.
On May 24, 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 Board extend the thirty-five day period for filing a petition to ninety days.
The Petitioner
represented that the final decision was received on May 11, 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 ofany
hearing that may be necessary to resolve this matter.
1
WHEREFORE,
for the
reasons
stated above,
the parties request that
the
Board,
in the
interest ofadministrative 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
Jc~.
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: June 10, 2004
This filing submitted on recycled paper.
2
/J~/~4~
/~
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
21 7/782-6762
MAY
1 0
2QU4
Jim’s Mobil
Attention:
James Dodd
3303 Sherman
Alton,
Illinois
62002
Re:
LPC
#1190105075
--
Madison
County
Alton!Jim’s Mobil
2700 Washington Avenue
LUST Incident No. 982564 & 990167
LUST Technical File
Dear Mr. Dodd:
CERTIFIED MAIL
700~ 3150
0000
1~57 3761
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plans (plans)
submitted for the above-referenced incident.
These plans,
dated
January
5,
2004 and February 3, 2004, were received by the Illinois EPA on January 20, 2004
and February 19, 2004.
Citations
in this letter are from the Environmental Protection Act (Act)
and 35 Illinois Administrative Code
(35
Iii.
Adm.
Code).
Pursuant to Section
57.7(c)(4)
ofthe Act and 35 Ill.
Adm.
Code 732.405(c),
the plans are
modified.
The following modifications are necessary, in addition
to those provisions already
outlined in the plans, to demonstrate compliance with Title XVI ofthe Act and 35 Ill. Adm.
Code
732:
1.
The plan fails to indicate confirmation soil sampling will occur after the excavation
activities
have been completed.
Therefore, the Illinois EPA is requiring confirmation soil
sampling
to
be conducted after excavation activities have been completed on
a 40’ grid
scheme.
The 40 feet appears reasonable since the excavation area is approximately
150’
x
125’.
These samples will be analyzed for BETX, PNAs and Lead.
2.
The plan indicates the excavation will extend to a depth of 15 feet below ground surface.
However, the Illinois EPA is requiring the excavation depth be limited to
12 feet below
ground surface. The limitation ofthe depth of the excavation is due to
the minimum
depth ofthe water bearing unit encountered on site and
the proposed use ofthe City of
Alton Groundwater Ordinance for the existing groundwater contamination.
ROCKFORD —4302
North Main Street, Rockford,
IL 61103 —(815)
ELGIN —595 South State, Elgin,
IL 60123 —(847) 608-
BUREAU
OF
LAND
-
PEORIA
—
7620 N. University
St.,
Peoria,
IL 61614— (3
~
SPRiNGFIELD
—4500 S. Sixth Street Rd., Springfield,
IL 62706—
(21
~
MARION
—2309
W.
Main
~
Harrison
St.,
Des Plaines, IL 60016 —(847) 294-4000
sity
St.,
Peoria, IL 61614 —(309) 693-5463
25 South First Street, Champaign,
IL 61820 —(217)
278-5800
9 MaIl
Street, Collinsville,
IL 62234 —(618) 346-5120
18) 993-7200
RECEIVED
Mi\’Y
ii
REC’U
EXHIBIT
A
Page
2
3.
The plan fails
to include an evaluation ofthe soil contamination in the
soil boring BH-2
in order to determine the proposed Highway Authority Agreement
(HAA) will be
sufficient to “remediate” the contamination in Washington Avenue.
This can be
accomplished by using the equations R14 and R26 of35
Ill.
Adm.
Code Part
742.
In
addition,
the plan
fails to
include
a site map to scale illustrating the area(s) the HAA will
be used to “remediate” the contamination in Washington Avenue.
Therefore,
the Illinois
EPA is requiring that information be submitted with the High Priority Corrective Action
Completion Report as required in
35 Ill. Adm. Code Section 742.1020(c)(2).
4.
The plan fails
to identify the current owner(s) ofeach property identified
in delineating all
properties under which
groundwater is located that
exceeds the applicable groundwater
remediation objectives.
Therefore, the Illinois EPA
is requiring such information to be
included in the High Priority CorrectiveAction Completion Report.
Please note that all activities associated with the remediation ofthis release proposed in the plan
must be executed in accordance with all applicable regulatory and statutory requirements,
including compliance with the proper permits.
-
This letter is not
a final decision or action .on the budgets dated January
5,
2004 and February 3,
2004 that were received by the Illinois EPA on January 20, 2004 and
February 19, 2004.
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
Ill. Adm. Code
732.503(f)).
NOTE:
This letter does not constitute Illinois EPA approval of any costs incurred during the
completion ofactivities proposed in the plan.
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
of this letter.
Page 3
An underground
storage tank system owner or operator may appeal this decision to the Illinois
Pollution
Control Board.
Appeal rights are attached.
Ifyou have any questions or need further assistance, please contact Mindy Weller at 217/782-
6762.
Sincerely,
Harry A. Chappel, P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau ofLand
HAC:MW:mw\982564&9901 67.DOC
Attachment:
Attachment A
cc:
Matt Cherry, United Science Industries, Inc.
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 ofan appeal, please contact:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
100 West Ranaolph, Suite 11-500
Chicago, IL
60601
312/814-3620
For information regarding thefiling 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
May 24,
2004
Illinois
Environmental Protection Agency
Division of
Legal Counsel
1021
North Grand Avenue East
Springfield,
IL 62792-9276
Attn
John
Kim
Phone:
(618) 735-2411
Fax:
(618) 735-2907
E-Mail: unitedscience@unitedscience.com
RECEWED
Division
of Legal Counsel
~:)A’!
2
2.
~
~
~
Environmental
Protection
Agency
Re:
LPC# 1190105075--Madison Co.
Alton/Jim’s
Mobil
2700 Washington Ave.
LUST Incident No. 982564 & 990167
Dear Mr.
Kim,
United
Science
Industries,
Inc.
(USI),
on
behalf
of
our
client,
Jim’s
Mobil,
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.
185.
Sincerely yours,
UNITED
SCIENCE
INDUSTRIES,
INC.
Matt Cherry
Project Manager
Enclosures
MC:bg
If
you
have
any
me
at
(618)
735-
UNITED .SCIENCE. INDUSTRIES:
I
EXHIBIT
b
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on June
10,
2004, I served trud 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
Matt Cherry, 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
ILLNOIS
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)
