OF THE STATE OF ILLINOIS

HALL’S AUTOMOTIVE (SICR),

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Respondent.

V.

CLERK’S OFFICE

AUG 09

2004

STATE OF ILLINOIS

PoII~tj~~

Control Board

)

)

)

PCB No.

05-

)

(LUST

—

NinetyDay Extension)

)

)

NOTICE

Carolyn S. Hesse

Barnes & Thomburg

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: August

5,

2004

---

~ECE~VEO

CLERK’S OFFICE

BEFORE THE

POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

AUG

092004

HALL’S AUTOMOTIVE (SICR),

)

Pt~~

Petitioner,

)

v.

)

PCB

No.

05-

ILLINOIS ENVIRONMENTAL

)

(LUST

—

NinetyDay 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

Iii.

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 November 3, 2004,

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

(125)

days from the date of service of the Illinois

EPA’s final decision.

In support

thereof, the

Illinois EPA respectfully states as follows:

1.

On

June

30,

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

has not represented when the final decision was received, though it would not have been received

earlier than July

1, 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 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,

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)

Dated: August

5,

2004

This filing submitted on

recycled paper.

2

---

•

~7/012S@4

12:51

2175228009

CWM

F~GE 09

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTh

GR.~DAVENUE

EASr,

P.O.

Sax

1 9276,

SpRINcple.o,

LLfNOIS

62794-9276, 217-782-3397

JAMES

R.

THOMPSON

CENTER,

100

WEST

RM~O0LFH,SUITE11-300,

C~iIcAco,

~L60601, 312-814-6026

Roo

R.

SLAGOJEVrCH,

GOVERNOR

RENEE CPRI~NO,DIRECrOR

S

CERTIFIED

MAIL

•~?0OE 3150

0000

1251

5143

Hall’s Automotive

Attention:

Charles Hall

P.O. Box 477

•,

•;

~I)O4

Rosiclare, IL

62982

Re:

LPC #0690155006

—

Hardin County

Rosiclare

I

Hall’s Automotive

123 Main

Street

LUST

Incident No. 20021746

LUST

Technical File

DearMr. Hall:

The

Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Site Investigation

Completion Report (report) submitted for the above-referenced incident.

This report, dated June

2, 2004, was received by the Illinois EPA on June 2, 2004.

Citations

in

this letter are from. the

Environmental Protection Act (Act), as amended by Public Act

92-0554

on June 24,

2002, and

35 Illinois

Administrative Code

(35

111. Adm. Code).

The report is rejected for the reason(s) listed below (Sections

57.7(a)(5)

and 57.7(c)(4) ot~

the Act

and 35 Iii. Adm.

Code

732.503(b)):

1.

The full extent ofsoil contamination has not been defined to Tier

1

Class I remediation

• objectives. The Illinois EPA requests further soil plume delineation in the area northwest

of the UST excavation beyond excavation sample 1. In addition, it appears as though the

underground sewer line extending south

in the middle ofthe property may be

contributing to the size of the soil plume as a migratory pathway. The Illinois EPA

requests this area be investigated fi.irther.

2.

The full extent ofgroundwater contamination has’not been defined to Tier

1

Class I

remediation objectives. The Illinois

EPA requests further groundwaterplume definition

in

the area northwest ofthe UST

excavation. In addition, please explain and provide

documentation regarding why groundwater was not encountered across the Street south of

Route 34. If groundwater is truly absent across the street, then the areas along the street

must be investigated

to determine where the groundwater travels.

RoC,c~w

—

430

North Main

Street,

Rcc~ford,1. 61103

—

(~

~

EXHIBIT

Harrison

Si. Des PlaineL

U.

60016

—

(847) 294~O00

ELci~

—

595

Scum State,

El~in.IL

601

~3

—(8471 608

b

j~’

se..

Peoria,

IL 61614

—

(309)

693-3463

oP ~

-

PEOMIA

—

7620 N. University

Sc..

Peoria,

IL 81614

—(

25

South

First

Street. Charnoaign,

IL 61820 —(217)

278-5500

—

4500

5.

Sixth Street Rd..

Scringfield.

IL 62706—12

~

9 MalI

Street, CoIIirt~viIIe.IL 62234

—(618)

346-5)20

MARION

—

2309W

Ma)

18) 993.~2C0

---

07/01/2004

12:51

2175228009

CWM

PAGE

1~

Page 2

Pursuant to Sections

577(a)(5)

and

57.

12(c)

and (d) ofthe Act and 35 Ill.

Adm.

Code 732.100

and 732.105, a revised report must be submitted within

120 days of the 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

of this letter.

S

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 orneed further assistance, please contact Carol Hawbaker at 217/782-

5713.

S

~ncerely.~~~,:

Harry A. Chappel,

P.E.

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau of Land

HAC:CLH

C:

CW3M Company

Division File

---

7/01/200412~1

2175228009

CWM

PAGE

11

Appeal Rights

An underground storage tank owner or operator may appeal

this

final decision to the

rninois

Pollution

Control Board pursuant to Sections

40 and

57.7(c)(4)(D) of

the Act

by filing a petition

for a hearing within 35

days a~er

the date ofissuance of the 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 ofthis

decision, must be sent to

the

Illinois EPA as soon as possible.

For information regarding the fihin.g ofan appeal, please contact:

Dorothy Gunn, Clerk

Illinois Pollution

Control Board

fl11J4

State ofIllinois Center

•

CJ.~.

100 WestRandolph, 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

---

BARNES &THORNBURG

Su~t~

4400

One

North

Wicker Drive

Chicago llli~~~~

60606-2809

U.N.A

Carolyn

S.

Hesse

(312)

357-1313

5

S

S

(312)

2148301

F:ix

(312) 759-5646

Entail:

chesse@htlaw corn

WWW

Etlaweorn

July

15,

2004

VIA

FACSIMILE & FEDERAL

EXPRESS

IOfl

of Lega;

r~

Mr.

John Kim

JUL

~

Illinois Environmental Protection Agency

\,

~

1021

North

Grand

Avenue East

Environmenjai

Prot

Springfield, Illinois

62702

Agency

Re:

LPC #0690 155006

-

Hardin

County

Rosiclare / Hall’s Automotive

123 Main Street

LUST Incident No. 20021746

LUST Technical File

Dear John:

On June 30,

2004,

the Illinois

Environmental Protection Agency

issued

a

letter with

respect to

the above-referenced LUST

Incident regarding the

Site Investigation Completion

Report

dated

June

2,

2004.

It

was

received

by

the

Agency

on

June

2,

2004.

Hall’s

Automotive

is

located

in

Rosiclare

which

is

in

Hardin

County.

A

copy of the

letter

is

attached.

Hall’s

Automotive

believes

that,

based

upon

discussions

with the

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.

lsici~’o

Elkharr

Fort \V:ivne

Japolis

Sosirh

Bend

Washington,

I

---

Mr. John Kim

July

15,

2004

Page 2

If for

any

reason

the

Agency

will

not

seek

the

90-day

extension,

please notilS’

me

immediately,

so

that

I

may

file

the

appropriate

appeals

to

the

Board.

If

you

have

any

questions

or

comments,

please do not hesitate to

contact me.

Sincerely yours,

BARNES

•~S5

~

Carolyn

S.

Hesse

CSH/jmr

Enclosure

cc:

William Sinnott

Carol L. Rowe

227724v1

BARNES

&THORNBURG ~

---

CERTIFICATE OF SERVICE

I, the undersigned

attorney at

law,

hereby certify that

on

August

5,

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:

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

5

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

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)