NOTICE
BEFORE THE POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS
BEFORE THE POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS

EXH~BJT
1. BARNES & THORNBURG LLP
2. CERTIFICATE OF SERVICE

HALL’S AUTOMOTIVE (SIPB),

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.

CLERKS

OFFICE

AUG09

2004

STATE OF ILLINOIS

Pollutiori Controi 8oard

)

PCBNo.05-~

)

(LUST

—

Ninety Day Extension)

)

NOTICE

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

.Kim

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

2004

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE

OF ILLINOIS

BEFORE THE

POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

HALL’S AUTOMOTIVE (SIPB),

)

Petitioner,

)

ILLINOIS ENVIRONMENTAL

)

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

Section

40(a)(1) of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/40(a)(1))

and

Iii.

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 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:

June

30,

2004,

the

Illinois

EPA

issued

final

decision

the

Petitioner.

(Exhibit A)

On July

15,

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

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

earlier than July 1, 2004.

(Exhibit B)

RECE~VED

CLERK’S OFFICE

AUG

2004

STATE OF ILIJNOIS

Pollution

Contro’ Board

PCB No.

05-

(LUST

—

Ninety Day Extension)

The additional time requested by the parties may eliminate the need for a hearing

in this matter or, in the alternative, allow the parties

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,

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

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

2004

This filing submitted on

recycled paper.

217/782-6762

•Ju~

ZO~4

CERTIFIED MAIL

?OQE

31S~ OOflD

12S~ ~15D

a7/a1/2ae4

12:51

2175228SS9

PAGE

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NJORTH GRAND

AVENUE

CAST.

P.O.

8ox

19276,

SPRINGFIELD,

ILLINOIS

62794-9276,

21 7-~82-3397

JAMEs

THOMPSON

CENTER,

100

WEST

RANDOLPH,

Suirt 11-300,

CHIcAGO,

IL 60601,

31 2-81 4.6026

ROD

BIAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIREc-roR

Hall’s Automotive

Attention:

Charles call

P.O. Box

477

Rosiclare, IL

62982

?flfl4

Re:

LPC#O690155006-Hard~Coun~

Rosiclare / Hall’s Automotive

123 Main Street

LUST Incident No. 20021746

LUST Technical File

Dear Mr.

Hall:

The Illinois Environmental Protection

Agency (Illinois EPA) has reviewed the Site Investigation

Plan Budget (budget) submitted for the above-referenced incident.

This budget, dated May 19,

2004,

was received by the Illinois EPA on May 19, 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 Iii. Adm. Code).

The budget is

rejected for the reason(s) listed below (Sections

57.7(a)

and

57.7(c)(4) of

the Act

and 35 Iii.

Adrn. Code 732.503(b)).

The plan budget is rejected for the following reason(s):

In accordance with Section

57.7(c)(4)

ofthe Act, any action by the Illinois EPA to

disapprove or modify a pJa~

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 owneror operator ofits final action.

Further,

accordance with Section

57.7(c)(4)

ofthe Act, an~

action by the Illinois EPA to

disapprove or modify a plan or budget, or rejection of any plan or budget by operation of

law,

shall be subject to appeal to

the illinois Pollution

Control Board within 35 days after

the Illinois

EPA’s final action.

the Re:

block shown at the beginning

—

951

‘J

Harrison St..

Des

PIaine~,

IL 60016— (847) 294-4000

4. UniversiTy St.,

Peorl~.

II.

61614— (309) 693-5463

~ICN

—

2125

South First Street.

Champai?n.

IL 61820—12171 278.5800

fl~LE—2O09

Mall Street,

Collin,viIIe.

62234

—(6(8) 346-~120

2939

(~3)993.7200

Please submit all correspondence

of this letter.

RoC~pow

—

4302 North

Main

Street. Rockford.

61103

ELc~

—

595

South State.

EI~in,IL

60123

—

BUREAU

L~N0

Ptoei.~

7620 N.

University

St..

Peoria.

IL 6

SFRINC~I?W

—

4500

Sixth

Street Rd..

Sprir~gfieId,IL

M,~R1ON

—

2309

EXHIBIT

~7,.’1/2~4 12:51

 2175228~~

CWM

 PAGE

~7

Page 2

An underground storage tank system owner or operatormay appeal

this decision to the Illinois

Pollution Control Board.

Appeal rights are attached.

Ifyou have any questions

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

5713.

Sincerely,

Harry A. Chappel, P.E.

Unit Manager

Leaking Underground Storage Tank Section

Division of RemediatIon Management

Bureau ofLand

HAC:CLH

CW3M

Company

Division File

12:51

2175228~@9

CWM

PAGE

Appeal Rights

An underground storage tankowner or operator may appeal this final decision to the Illinois

Pollution Control Board pursuant to Sections 40

and

57.7(c)(4)(JD)

 of the

Act

by

filing

 a petition

for a hearing within

 days after the date ofissuance ofthe final decision. However, the35-day

period may beextended for a period oftimenot to exceed 90 days by written notice from the

owner

 or operator

and

 the illinoisEPAwithin 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 copyof this decision, must be Sent to the

IllinoisEPA as soon as possible:

For information regarding the filing

ofan

appeal, please contact:

Dorothy

 Gum,, Clerk

Illinois Pollution Control Board

State ofIllinois Center

100 West Randolph, Suite 11-500

Chicago, IL

60601

312/814-3620

For infon-nation regarding the filing ofan extension, please contact:

Illinois Envirot,mental Protection Agency

Division of Legal Counse

1021 North Grand Avenue East

Post Office

Box

19276

Spring.field, IL

62794-9276

7f782-~544

BARNES

&THORN

BURG

SLJ:r~

44~

O~eN~’r~h

I)ri~

IIIm~u~

Car~Ivn S.

Hcs~e

July 15,2004

VIA

FACSIMILE & FEDERAL EXPRESS

?~CE~VE

DIVISlOfl

Legai

c~.

Mr. JohnKim

JU!

Illinois Environmental ProtectionAgency

1021

North Grand Avenue East

Envjro

Springfield,

Illinois

62702

flmentaj Protec~.

Agency

Re:

LPC #0690 155006

 -Iardin County

Rosiclare / Hall’s Automotive

123

Main Street

LUST Incident No. 20021746

LUST Technical File

Dear John:

June

30,

2004,

the

Agency

issued

letter

with respect to the

above-referenced

LUST

Incident

regarding

a new,

amended

Site

Investigation Plan

Budget,

dated

May

19,

2004, which was received by the Agency

on May

19, 2004.

HaIl’s Automotive is

located in

Rosiclare,

which is

in Hardin County.

A copy of the letter

attached.

The new, amended

Site Investigation Plan Budget was submitted pursuant to

IAC Section

732.405(e)

which

states as follows:

If,

following

approval of any groundwater monitoring plan, corrective action

plan

or associated budget plan,

owner or operator determines that revised

procedures

cost

estimates

are

necessary

order

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 pian for review by the

Agency.

The Agency

shall review

and

approve,

reject

require

modifications

the

amended

plan

accordance with the proce

ureg ccrnthined

in

Subpart E ofthis Part.

EXH~BJT

Fort

\V~

i~OI1S

~‘OIIth

FLnj

\Vtn~00,

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.

Hail’s

Automotive

believes that,

based

upon

discussions with Illinois

Environmental

Protection Agency

and for other reasons, that we will be able to resolve the issues raised

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 extensionpursuant to the Illinois Environmental Protection Act

Section 40(a)(1)

and

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

that

 I may

 file the appeal

the

Board.

If you

have

any

questions

comments,

please do not hesitate to contact me.

Sincerelyyours,

BARNES & THORNBURG LLP

Carolyn S. Hesse

CSHIjmr

Enclosure

cc:

 William

Sinnott

Carol L. Rowe

227716v1

BARNES &THORNBURCJ ~

CERTIFICATE OF SERVICE

I, the undersigned

attorney at

law,

hereby certify that

August

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 followingnamed persons:

Dorothy M. Gu~,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,

Res

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)