BEFORE THE

OF THE STATE

OF ILLINOIS

BILL CARTER d!b/a CARTER

CONVENIENCE STORE,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

V.

Petitioner,

Respondent.

)

)

)

)

PCBNo.05-

15

)

(LUST

—

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

Carolyn S. Hesse

Barnes & Thornburg

Suite 4400

One North Wacker Drive

Chicago, IL

60606-2809

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

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: July 28, 2004

CLERK’S OFFICE

JUL

30

2004

STATE OF

IW~(~

Pollution Contra, bo~

---

~CE~V~

CLERK’S OFFICE

JUL

3 ~ 2004

BEFORE THE POLLUTION CONTROL BOARD

s~r~r~

o~

~LLV~

OF THE STATE OF ILLINOIS

PoIIut~on~or~ro~

~io~

BILL CARTER d!b/a CARTER

)

CONVENIENCE STORE,

)

Petitioner,

)

V.

)

PCB No. 05-

ILLINOIS ENVIRONMENTAL

)

(LUST

-

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

Ill.

Adm.

Code

105.208,

hereby

requests

that

the

Illinois

Pollution

Control Board

(“Board”) grant an extension ofthe thirty-five

(35)

day period forpetitioning for a

hearing to October 26,

2004, or any other date not more than a total ofone hundred twenty-five

(125)

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

In support thereof, the

Illinois EPA respectfully states as follows:

1.

On

June 22,

2004,

the

Illinois

EPA

issued

a

final

decision

to

the

Petitioner.

(Exhibit A)

2.

On July

15,

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’s

request includes information

indicating

the final decision was received

on June 23,

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

John

~.

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)

Dated: July 28, 2004

This filing submitted on recycled paper.

2

---

L87/15/2084

88:12

2175228012

C~J3M COMPANY

PAGE

02

217/782-6762

ILLINOIS

ENVIRON.JMENTAL

PROTECTION

AGENCY

1021

No~m

GRAND

AVENUE

EAST,

P.O.

Box

19276,

SPRINGF1ELD,

ILUNOIS

62794-9276, 217-782-3397

Jft,ME5

R.

THOMPSON

CENTER,

100 Wtsr

RANDOLPH,

SUITE

11-300,

CHICAGO, IL

60601, 312-814-6026

ROD

R.

BLAGOJEVICH,

GovERNoR

RENEE

CIPRIANO,

DIRECTOR

CERTIFIED

MAIL

?flD~ ~15fl

OUDO

1257

6P561

JUN22

2004

William Carter

P.O. Box 505

Mill Shoals,

IL 62862

Rb:.

LPC#1934305002--WhiteCounty

Mill Shoals/Carter, Bill (Carter Convenience Store)

829 Loy Street

LUST Incident Nos. 20000788 and

20020190

LUST Technical File

Dear Mr.

Carter:

H.

;:.

JUN

2~20O4

~:

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

Conective Action Budget

Amendment (budget amendment) submitted for the above-referenced

incident.

This budget amendment, dared May

12, 2004, was received by the Illinois EPA on May

13, 2004.

Citations in

this

letter are from the Environmental Protection Act (Act)

and

35

Illinois

Administrative Code (35 III. Adm. Code).

The budget amendment is rejected for the reason(s) listed

below (Section

57.7

(c)(4) of the Act

and 35

Ill. Adm. Code

732.405(c) and 732303(b)).

1.

In accordance with Section

57.7(c)(4)

ofthe Act a~d

35 Ill.

Adm. Code

732.503(b),

any

action by the Illinois EPA to disapprove or modify a plan or budget submitted pursuant to

Title XVI ofthe Act shall be provided to the owner or operator in writIng within

120 days

ofreceipt.

The Illinois EPA previously notified the owner or operator of its final action.

Further, in

accordance with Section 57.7(c)(4) ofthe Act and

35

Ill.

Adrn. Code

732.503(f),

the

Illinois EPA’s action to

reject or require modific~tionof

the plan or budget, or the

rejection ofany plan or budget by operation of’l’aw,

was subject to appeal to the Illinois

Pollution Control Board within 35 days after the Illinois EPA’s final action.

All future correspondence must be submitted to:

ROCKFQRO

—4302

N~rIh

Main

Street, Rockford,

IL 61103

—

(815)9

ELCIN

—

595

South

State,

Elgin, IL 60123— (847) 608.

BUREAU O~

~

PEORIA

—

7620

N

University St., Peoria. IL

61614— (3

5PRINCFIELD

—

4500 S. Sixth Street Rd.,

Springlield,

IL 62706

—

(21

MARION

—

2309 W. Main

• Harrison

St.,

Des

PIaine~,

iL 60016 —(847) 294-4000

iry

St.,

Peoria, IL 61614— (309) 693-5463

~5

South

First Street.

Champaign,

IL. 61820 —(217)

278-5800

9 MalI Street, CoIlir,sville, IL 62234—

(61&) 346-5120

18) 993-7200

EXHIBIT

---

87/15/2884

08:12

2175228812

.

CW3M COMPANY

PAGE

03

~

JUN

32004

Page2

~

4.•...(-~:~J

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 oroperator may appeal this decision to the Illinois

Pollution Control Board.

Appeal rights

are attached.

Ifyou have any questions or need further assistance, please contact the illinois EPA project

manager, Steve Jones, at 217/524-1253.

Sincerely,

d~iw4AALA,

~

Hernando A. Albarracin

Unit

Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau ofLand

HAA:Sj\Carter HPCAP BUD Amend

I .doc

Attachments:

Appeal Rights

cc:

CW3M Company

Division File

---

07/15/2884

88:12

2175228812

•-

CW3M COMPANY

PAGE

84

•I_•JJ’~

~

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.

Lithe 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 PoilutInn 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:

Illmois Enviro~e~tal

Protection Agency

DJv~SIOtt

ofLegal Counsel

1021

North Grand Avenue East

Post Office Box

19276

Springfie~~

IL

627949276

2

7/782-55~

---

BARNES

&THORN

BURG

Suite 4400

One North W~ckerDrive

Chic~igo,

flhinoi,s 60606-2809 U.S.A.

•

(312)357-1313

Carolyn

S.

Hesse

Fax

(312)

759-5646

(312)

214-8301

Email:

chesse@htlaw.com

•

July

15,2004

VIA FACSIMILE

& FEDERAL

EXPRESS

DIvIsfQfl0f

Le

gal

Coun~

Mr. JohnKim

JUL

16

2QQ~’

Illinois

Environmental Protection Agency

1021

North Grand Avenue East

flVlroflmefltal

Protectjo,~

Springfield, Illinois

62702

Agency

Re:

LPC

#1934305002

-

White County

Mill Shoals / Carter, Bill (Carter Convenience Store)

829 Loy Street

LUST Incident Nos. 20000788

and 20020190

LUST Technical File

Dear John:

On June 22,

2004,

the Illinois

Environmental Protection Agency issued

a

letter with

respect

to

the

above-referenced

LUST

Incident.

A

new

High

Priority

Corrective

Action

Budget Amendment

was

submitted

to the

Illinois

Environmental

Protection

Agency

dated

May

12,

2004,

which

was

received by

the Agency

on

May

13,

2004.

Carter

Convenience

Store

is

located in Mill

Shoals,

White

County,

Illinois.

These

documents

were

submitted

pursuant to 35 IAC Section 732.405(e) which states as follows:

If,

following

approval of any groundwater monitoring plan, corrective

action

plan

or associated budget plan, an

owner or operator

determines that

revised

procedures

or

cost

estimates

are

necessary

in

order

to

comply

with

the

minimum required activities for the site, the owner or operator shall submit, as

applicable, an amended groundwater monitoring plan, corrective action plan or

associated budget plan for

review by

the Agency.

The Agency

shall review

and

approve,

reject

or

require

modifications

of

the

amended

plan

in

accordance with the procedures contained in Subpart E ofthis Part.

Chicago

Elkhart

Fort Wayne

South

Bend

Washington,

D.C.

---

Mr. John Kim

July

15,

2004

Page 2

It appears that the Agency did not review these documents in accordance with the procedures

contained in Subpart E.

Carter

Convenience

Store

believes

that,

based

upon

discussions

with

Illinois

Environmental Protection Agency

and for other reasons, that we will be

able to resolve the

issues raised in the Agency’s letter.

However, we believe that

we will not be able to resolve

these

issues

by

the

deadline

for

filing

an

appeal

of these

issues

to

the

Illinois

Pollution

Control

Board.

Thus,

this

is

a

request

for

a

90-day

extension

pursuant

to

the

Illinois

Environmental Protection Act Section 40(a)(1)

and

35

IAC

105.406 to

allow us to

continue

these discussions and to try to resolve this issue.

If, for any reason, the Agency

will not

seek

the

90-day extension,

please notify me

immediately

so

that

I

may

file

the

appeals

to

the

Board.

If you

have

any

questions

or

comments, please do not hesitate to

contact me.

-

Sincerely yours,

~

Carolyn

S. Hesse

CSH/jmr

Enclosure

cc:

William Sinnott

Carol L. Rowe

227836v1

BARNES&ThORNBURG a~

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that

on July 28, 2004,

I served true and

correct

copies of a REQUEST

FOR NINETY

DAY

EXTENSION

OF

APPEAL

PERIOD,

by

placing

true

and

correct

cGpies

in

properly

sealed

and

addressed

envelopes

and

by

depositing

said sealed envelopes in a US.

mail drop box

located within Springfield, Illinois, with sufficient

First Class Mail postage affixed thereto, upon the following named persons:

DorothyM. Gunn, Clerk

Carolyn S. Hesse

Illinois Pollution Control Board

Barnes & Thornburg

James R. Thompson Center

Suite 4400

100 West Randolph Street

One North Wacker Drive

Suite 11-500

Chicago, IL

60606-2809

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

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)