RECE~vE~
CLERK’S OFFICE
OCT
122004
STATE OF ILLINOIS
Pollution Control Board
RUSS TAYLOR,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Dorothy M. Gunn,
Clerk
John Kroeger, 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
62898-03 60
Chicago,
IL 60601
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 PEREOD, 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: October 7, 2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
)
Petitioner,
V.
Respondent.
/c
)
PCBNo.05-
L~’
)
(LUST Appeal
—
Ninety Day Extension)
)
)
NOTICE
RECE~vE~
CLERK’S OFFICE
OCT
122004
BEFORE THE POLLUTION CONTROL BOARD
STATE OF ILLINOIS
OF THE STATE OF ILLINOIS
Pollution
Control Board
RUSS TAYLOR,
)
Petitioner,
)
~
v.
)
PCBNo.05-
L~’~
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, JoIm
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
ControlBoard (“Board”) grant an extension ofthe thirty-five
(35)
day period for petitioning for a
hearing to
January 6,
2005,
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.
In support thereof, the
Illinois EPA respectfully states as follows:
1.
On September
1,
2004, the
Illinois EPA issued
a final decision to the Petitioner.
(Exhibit A)
2.
On September 21,
2004, the Petitioner made a written request to
the Illinois EPA
for an
extension of time
by which
to
file a petition for review,
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
included
information
that
represented
that
the
final
decision
was
received on September 2, 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 maybe 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 forpetitioning
for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
,.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: October 7, 2004-
This filing submitted on recycled paper.
2
.1W11
O’c9~j
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
CERTIFIED MAIL
~EP’~U
2flW
7002
3150
0000
1113
5793
Mahomet Hen House
Attention:
Jacqueline Taylor
Post Office Box
110
Mahomet, IL
61853
Re:
LPC #0190455025
--
Champaign County
MahometlTaylor, Russ
Route 47
& Eastwood Drive
LUST Incident No. 20010722
LUST Technical File
Dear Ms. Taylor:
SEP
Q2
REC’B
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan Budget (budget) submitted for the above-referenced incident.
This
budget, dated May 20, 2004, was received by the Illinois EPA on May 20, 2004.
Citations in this
letter are from the Environmental Protection Act (Act) and 35
Illinois Administrative Code
(35
Ill. Adm.
Code).
The budget is rejected for the reason(s) listed
in Attachment A (Section
57.7(c)(4)
of the Act and
35
Ill. Adm; Code 732.405(c) and 732.503(b)).
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.
RocEFoRo —4302
North Main Street,
Rockford,
IL 61103 —(815)
ELGIN
—
595 Soulh 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
—2309W. Main
~
W.
Harrison
St.,
Des Plaines,
IL 60016 —(847) 294-4000
rsity St.,
Peoria, IL 61614
—
(309) 693-5463
25 South First Street, Champaign;
IL 61820— (217) 278-5800
09
MaIl Street, Collinsville,
IL 62234
—(618) 346.5120
618) 993-7200
217/782-6762
EXHIBIT
Page 2
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 Jay Hamilton at
217/524-4333.
Sincerely,
Thomas A.
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau/o51I~and
TAH~ilh:jk\041221.doc
Attachment:
AttachmentA
Appeal Rights
C:
John Kroeger, United Science Industries
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 maybe 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
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 of Illinois Center
100
West Randolph,
Suite 11-500
Chicago, IL 60601
312/814-3620
For information regarding the filing of an 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
Attachment A
Re:
LPC #0190455025
--
Champaign County
Mahomet/Taylor,
Russ
Route 47 & Eastwood Drive
LUST Incident No. 20010722
LUST Technical File
Citations
in this attachment are from the Environmental Protection Act (Act) and
35
Illinois
Administrative Code
(35
Ill. Adm.
Code).
One
ofthe 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)).
The
budget includes costs that are not reasonable as submitted (Section
57.7(c)(4)(C)
of the
Act and
3.5
Ill. Adm. Code 732.606(hh)).
Please note that additional information andior
supporting
documentation may be provided to demonstrate the
costs are reasonable.
The Illinois Environmental Protection Agency (IEPA) cannot limit the number oftimes
an owner/operator changes the method ofremediation however, the IEPA shall not
reimburse for costs to
change the Corrective Action Plan unless
required by the IEPA for
technical reasons.
Specifically, the plan associated with developing and evaluating the in-situ
bioremediation was never utilized and the costs associated with the TACO evaluation
/
were already approved on March
5,
2004.
//
1/
TA~:)H:jk\041221
.doc
11
UNITED SCIENCE
INDUSTRIES
P.O. Box 360
6295
East Illinois Highway 15
Woodlawn, Illinois 62898-0360
September 21, 2004
Illinois Environmental Protection Agency
Division of Legal Counsel
1021
North Grand Avenue East
Springfield,
IL 62794-9276
Re:
LPC# 0190455025—Champaign County
Mahomet/Taylor, Russ
Route 47
& Eastwood Drive
LUST Incident No. 20010722
LUST Technical File
USI Project #1800038
Phone:
(618) 735-2411
Fax:
(618) 735-2907
E-Mail: unitedscience@ unitedscience.com
RECEIVED
Division of Legal Counsel
SEP 23
2004
Environmental Protection
Agency
To Whom It May Concern:
United Science Industries, Inc. (USI), on behalfof our client, Russ Taylor, is
requesting a
90-day
extension
of
the 35-day
appeal
period
in
regards
to
the
EPA
correspondence
included.
I appreciate
your time
and
consideration
in
this
matter.
If you
have any
questions
or
comments regarding this matter please contact me at 618-735-2411 extension 129.
Sincerely yours,
UNITED SCIENCE INDUSTRIES, INC.
John Kroeger
Project Manager
Enclosures
JK;jIr
EXHIBIT
V
is
CERTIFICATE OF SERVICE
I, the undersigned
attorney
at
law,
hereby certify
that
on
October 7, 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:
Dorothy M.
Gunn, Clerk
John Kroeger, 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,
Res
ent
John
.
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)
