NOTICE OF FILING
CERTIFICATE OF SERVICE
PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTALPROTECTION AGENCY DECISIONS.
Bill Carter d/b/a Carter Convenience Store
62862
$$$$$
NOTICE
EXHIBIT

BEFORE

THE

POLLUTION CONTROL BOA

THE

STATE OF ILLINOIS

)‘

PCB

05-15

)

(UST Appeal)

)

OCT26

2004

S~AcE

OF ILLINOIS

PofluUon Control Board

Respondent.

)

NOTICE OF FILING

TO:

John Kim

Special Assistant Attorney General

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box

19276

Springfield,

Illinois 62794-9276

Carol Sudman

Hearing Officer

Illinois Pollution Control Board

1021

North Grand Avenue East

P.O.

Box 19274

Springfield, Illinois 62794-.9274

PLEASE TAKE

NOTICE

that on

October 26, 2004; filed with the Clerk of the Illinois

Pollution

Control

Board

of the

State

of Illinois

original,

executed

copy

of a

Petition for

Review ofIllinois Environmental

Protection Agency ‘Decision.

Dated:

October 26, 2004

Carolyn S. Hesse

Barnes

& Thornburg

LLP

One North Wacker Drive

Suite 4400

Chicago, Illinois 60606

(312) 357-1313

243060v1

Respectfully

submitted,

Bill Carter

dibla

Carter Convenience Store

By:

One ofIts Att~neys

BILL CARTER,

dIbIaJ

CARTER CONVENIENCE,

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

This

filing submitted on

recycled paper as defined in 35

III.

Adm. Code 101.202

CERTIFICATE OF SERVICE

~aro1 Sudman

Hearing Officer

Illinois

Pollution Control Board

1021 North Grand Avenue East

P.O. Box

19274

Springfield,

Illinois 62794-9274

from

One North

Wacker

Drive,

Suite 4400,

Chicago, Illinois, before the hour of 5:00 p.m.,

this

26th

Day of October, 2004.

Carolyn S. He~

This

filing submitted on recycled paper

as defined in 35

III.

Adm. Code

101.202

oath

state

that

have

served

the

attached

Petition

for

Review

Illinois

Environmental Protection Agency Decision. by placing a copy in an envelope addressed to:

John Kim

Special Assistant Attorney General

Illinois Environinental Protection Agency

1021 North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

BEFORE THE POLLUTION CONTROL BOA1~~~S

OFFICE

THE

STATE OF ILLINOIS

200k

BILL CARTER, cl/b/a

)

STP~TEOFtLLt~?~d

CARTER CONVENIENCE

STORE,

)

‘

po~utiOfl

Contro

)

Petitioner,

)

PCBO5-15

)

(UST Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

‘

)

Respondent.

)

PETITION FOR REVIEW OF ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY DECISIONS.

Bill Carter cl/b/a Carter Convenience

Store, by their attorney, Carolyn S. Hesse of Barnes

Thornburg, pursuant to

the Illinois

Environmental

Protection

Act, 415

ILCS

5/1

et.

seq.

(the

“Act”)

and

Illinois

Administrative

Code

Section

105.400

et.

seq.,

hereby

appeals

certain

decisions

by the Illinois Environmental

Protection Agency (the “Agency”).

Bill

Carter d/b/a

Carter

Convenience

Store

(“Carter”)

the

owner

of a

conveniehce

store

with

gasoline

service

station

located

829

Loy

Street, Mill

Shoals,

White County,

Illinois

(the “Station”).

This

gasoline

service

station

had

underground

storage

tanks

(UST’s)

the

property,

which

stored gasoline and diesel fuel.

LUST

Incident

Numbers

20000788

and

20020190

were

obtained

following

site

investigation.

The

site

has

also

been

assigned

LPC ~fl934305002-White County.

On May

12, 2004, Petitioner sent to the Agency a High Priority Corrective

Action Plan

Budget Amendment

(the “Budget Amendment”)

perform

This

filing submitted

recycled paper as

defined

in 35 III.

Adm. Code

101.202

corrective action

at the Station.

(See

Exhibit 1.)

The Agency received this

document on May 13,

2004.

The Budget included signed

certifications to

the

effect

that

the

submitted

Budget

complied

with

the

Environmental

Protection Act.

(See

Exhibit

3rd

page.)

On June 22,

2004, the Agency sent a letter to Petitioner rejecting the High

Priority Corrective Action Plan Budget Amendment

(See

Exhibit 2.)

The

letter stated as follows:

The Budget Amendment is rejected for the reasons(s) listed below

(Section 57.7(c)(4)

of the

Act

and

Iii.

Adm.

Code

732.405(c)

and 732.503(b)).

The Illinois

EPA previously notified

the

owner or operator

of its

final action.

Further,

in accordance with 57.7(c)(4) ofthe Act

and

Ill.

Adm.

Code 732.503(f), the Illinois EPA’s action

to reject or

require modification ofthe plan or budget, or the rejection of any

plan or budget by

operation of law,

was

subject to

appeal

the

Illinois

Pollution

Control

Board

within

days

after the

Illinois

EPA’s final action.

The

letter

then

goes .on

state

that

Petitioner

has the

right

appeal this decision to the Illinois Pollution Control Board.

The

Agency’s

letter

provides

additional

information

regarding

why

IEPA disapproved the Budget.

Petitioner is appealing the Agency’s decision letter dated June 22, 2004.

The

parties

timely

filed

a joint

notice

extend

the

35-day

period

for

Carter to file this appeal.

(See

Exhibit 4.)

By. Order

dated

August

2004,

the

Illinois

Pollution

Control

Board

extended the appeal period to October 26, 2004.

(See

Exhibit

5.)

This

filing submitted

recycled

paper

defined in

Ill. Adm.

Code 101.202

Petitioner’s

submittal dated May

12,

2004

to the Illinois

EPA included

detailed

budget

and

its

cover

letter for

the

Budget Amendment,

the

consultant provided to the Illinois EPA responses

questions

the Illinois

EPA asked in prior correspondence to Carter.

(See

Exhibit 3.)

10.

The letter from

Carter’s consultant to the Agency dated May 12, 2004 that

forwards the Budget Amendment states that:

The

costs

and personnel hours proposed are based

actual field

costs,

which

were

incurred

and

necessary to

meet

all

technical,

regulatory and safety requirement.

11.

Section 732.405(e) provides as follows:

If, following approval ofany

groundwater monitoring plan,

corrective action plan or

associated budget plan, an

owner

operator

determines

that

revised

procedures

cost

estimates

are

necessary

order

comply

with

the

minimum

required

activities

for

the

site,

the

owner

operator

shall

submit,

applicable,

amended

groundwater

monitoring

plan,

corrective

action

plan

associated

budget

plan

for

review

the

Agency.

The

Agency

shall

review

and

approve,

reject

require

modifications

of the amended

plan in

accordance

with the

propedures contained in Subpart E ofthis Part.

12.

Carter’s Budget Amendment

provides costs

that are necessary to

comply

with the Act.

13.

Under the terms of Section

732.405(e),

the Agency is

required to

review

the

revised

Budget

accordance

with

the

procedures

contained

Subpart E

of part

732.

Illinois

EPA has

failed

perform the

detailed

review required by Subpart E,

Section 732.505.

14.

Petitioner has determined that revised cost estimates are necessary in

order

comply

with

the minimum required activities

for the

site

and

that the

costs

IEPA previously

approved

are not

adequate to

allow Petitioner

This

filing submitted

on recycled

paper as defined

in 35

Ill. Adm. Code

101.202J

comply

with the

Act

or to

perform the work described

the

approved

CAP.

15.

Petitioner’s

costs

perform the work as

set

forth

in the revised Budget

are reasonable costs.

WHEREFORE,

Bill

Carter d/b/a

Carter Convenience

Store

respectfully requests

that

the

Board

enter

order

requiring

the

Agency

approve

the

High

Priority

Corrective

Action

Plan

Budget

Amendment

allow

Bill

Carter

dlb/a

Carter

Convenience

Store

cover the

costs

of the cleanup

at this

facility, and for Bill

Carter

cl/b/a Carter Convenience Store’s fees and costs in bringing this appeal.

Respectfully submitted,

Bill Carter

d/b/a Carter Convenience Store

By:

fJJ~~

•

One ofTheir ~omeys

Carolyn

S. Hesse, Esq.

Barnes

& Thornburg LLP

One North Wacker Drive

Suite 4400

•

Chicago, Illinois 60606

(312) 357-1313

243030v1

•

This

filing submitted on recycled paper

defined

in 35

UI. Adm. Code 101.202

701 W. South Grar~d

Avenue

T~v1

(70

trip

~ri~y-

Springfield, IL

62704

Environmental

Consulting

Services

•

Ph~ne: ~

May

12,

2004

•

Mr. Steve Jones, Project Manager

LUST

Section, Bureau of Land

Illinois

Environmental Protection Agency

•

1021

North Grand Avenue East

Springfield, Illinois

62794-9276

RE:

LPC

#1934305002—White County

Mill Shoals/Carter

Convenience Store/Bifi Carter

829 Loy Street

•

Incident Number:

02-0190

•

LUST

Technical Report-—High Priority Corrective Action Budget

Dear Mr. Jones:

•

Enclosed, please fmd the High Priority Corrective Action Budget Amendment,

response to your April 3,

2003

letter for Incident Number 02-0190.

‘Deductions made

will be

referenced by the number by which they are labeled in Attachment A of the

above-referenced

letter.

•

‘

#6)

A further breakdown

and

description of the tasks

designated as

Status

Reports/CA

Arrangements/Mobilizations has been attempted in this subn~ittal

per the

•

Agency’s request.

If the breakdown provided in this

submittal is

insufficient, please

refer to the reimbutsement package which

was previously submitted for

a breakdown

the quarter hour of all

costs.

Included in these hours ar~

tasks ranging from site

assessment activities (mapping, waste characterization sampling) to

status report.

#7.)

It appears that these

costs were effectively

deducted twice by the Agency.

The

rate for the mileage is

being cut for the mileage for pe~rsonnel

in the excavation and

disposal

as well

as in the backfilling sections of the budget.

However, it then appears

that the mileage is

included in deductions #8

#9,

where all

excavation and disposal

costs

are deducted at what

appears

to be an

overall unit rate.

#3,

#4,

#8,

& #9.)

Deductions were

made of the excavation and

disposal costs and

the

backfill

costs to

an overall unit rate for each.

They were not evaluated on a time and

material basis.

Additionally,

the Agency’s letter dated April 3,

2003

states that,

“additional

information and/or supporting documentation may be

provided to demonstrate the costs

are reasonable.”

It is

in accordance with this

statement that this

letter is being

•

•~

‘

•

EXH~B~T

701

South

Grand Avenue

•

515

Cypress RoadJP.O. Box 513

•

Springfield,

62704

Dongola,

62926

__________________

(217) 522-8001

(618)

827-3436

provided.

The information which is required for the demonstration may be found

amongst this

letter, the previous

submittal,

and the reimbursement request previously

submitted.

It is

therefore requested that the information in the Agency’s file be given a

further review in order to

review the excavation and

disposal

costs on

a time

and

material basis.

The

costs and personnel hours proposed are based

on actual field costs,

which were incurred and were necessary to

meet all technical,

regulatory and

safety

requirements.

In accordance with the above discussion,

budget amendment has been prepared.

time

and materials breakdown has not been provided, since it is

impossible to determine,

because the deductions made by the Agency

have not been completed on •a time and

material basis.

If you have

any

questions or require additional information, please do not hesitate to

contact Mr. JeffWienhoff or me at (217) 522-8001.

Rowe, P.O.

Senior

Environmental

Geologist

xc:

Mr.

Bill

Carter,

Carter Convenience Store

Mr. William

T’.

Sinnott,

CW3M Company, Inc.

Sincerely

H:\Carter\Cap\EA-CA

ci.doc~

illinois Environmental Protection Agency

Owner/Operator and Professional Engineer Budget Certification Form for

Leaking tJnderground Storage

Tanks-Sites

accordance with 415

ILCS 5/57,

if an ovmer

or operator

intends to seek

payment

from the LJST Fund,

owner

or operator must submit to

the

Agency, for

the.

Agency’s approval or modification, a budget

which includes an accounting of all

costs

associated with the implementation of the investigative,

monitoring andlor corrective action plans.

I hereby certify that I intend to seek payment from the UST Fund for performing

Corrective

Action

activities at

Carter Convenience

Store

LUST site.

further

certify

that the

costs set forth in this budget

are

necessary activities and are

reasonable and

accurate to the best of my knowledge

andbelief.

I also

certify

that the costs included in this budget are

not for corrective action

in excess ofthe minimum requirements of

415 ILCS 5/57 and no

costs are

included in this budget which are not described

in,

the corrective action plan.

I further

certify

that costs

ineligible forpayment from the Fund pursuantto

35 illinois Adntinisfrative Code

Section 732.606 are not

included in the budgetproposal or amendment.

Such ineligible costs include but

are

not limited to:

Costs associated with ineligible tanks.

Costs associated

with site

restoration

(e.g., pump islands,

canopies).

Costs associated with utility replacement

(e.g., sewers, electrical,

telephone,

etc.).

Costs incurred prior to IRMA notification.

Costs associated with planned tank pulls.

Legal defense costs.

Costs incurred prior to July 28,

1989.

Costs ‘associated

with installation of new USTs

or the repair of existingUSTs.

Owner/Operator:

William Carter

‘

Title:

Owner

Signature:

)~~)

Date:

“/~1/0

me the

~\~ay

of~~U~

,20____

~A~Qz~dvJJr&i~.ert(fication)is

signed.)

OFFICIAL

SEAL

CAROL L.R0~1:

F~UbLIU,

bIAIE

OF ILLINOIS

COMMISSION

EXPIRES

2~23-200S~

FE.

Signature:_______________________________________ Date:_________________________

Subscribed a

sworn

re me the

__________

day

•

(Budget Pro~~~n~s

~~ndd~rnendrne~us?nu~benotarized

when

the

certificdtion is signed.)

The Agency is authorized

to require

this

i~forrnatiort

under 415

ILCS 5/1

Disclosure of this

information is

•

required.

Failure

may result in

the delay or denial of any budget or paymentrequested hereunder.

This form has been approved

by the Forms

Management Center.

IL 532

~273

LPC 499 Rev. Mar-94

CAROL

ROWE

BB:jk\971405S.WPD

NOTARY

PUBLIC,

STATh

OF ILLINOIS

~MISSIONEXP(RES~2O?)

Subscribed and

(Budget

•

BUDGET AND BILLING FORM

FOR’

LEAKING UNDERGROUND

STORAGE

Site

Name:

Carter Convenience Store

TANK SITES

Zip:

County:

62862

~tite

IEMA

Incident

No.:

2002-0190

Date

this

Form was

Prepared:

—

IEPA Generator No.:

IEMA Notification Date:

May

12,

2004

This

form

being

submitted

__________

Budget Proposal

Budget Amendment (Budget Amendments must include only the costs

over the previous budget.)

Amendment Number:

•

___________

Billing Package for costs

incurred pursuant to 35

illinois

Administrative

Code

(IAC), Part

732

(‘New program”).

This

form

is being submitted

for

the

Site Activities indicated’below (check one):

•

__________Early Action

•

Low

Priority

Corrective

Action

Other

(indicate activities)

___________

Site

Classification

High

Priority

Corrective Action

NOT SUBMIT

“NEW

PROGRAM”

COSTS

AND

“OLD

PROGRAM”

COSTS

THE

SAME TIME, ON THE SAME FORMS.

A-i

IL 532-2263

LPC 494

Rev.

11/97

This

form

must

be submitted in duplicate.

SITE INFORMATION

Site

Address:

829

Loy Street

City:

Mill

Shoals

l934~05OO2

2/8/2002

LEMANo.

02-0190

If el~gib1efor reimbursement where should

reimbursement checks be

sent?

Please note

that only owners or

operators

of liSTs

may be

eligible for reimbursement.

Therefore,

payment can

only

be made to an owner or operator.

Pay to the

order of:

Carter Convenience

Store

Send in care of:

CW3M Company,.

Address:

City:

P.O. Box

571

Carlinvile

State:

flhinois

Zip:

Number ofPetroleum USTs

in illinois presently

owned

or operated by the

owner or

operator;

any subsidiary,

parent

or joint stock company of

the

owner

or operator,

and any

company owned

any

parent, subsidiary

joint

stock company of

the

owner

operator:

Number of liSTs at the site:

•

(Number

of USTs includes USTs presently

the site

and USTs

that

have

been removed.)

•

Number of incidents

reported to IEMA:

Incident Numbers assigned to the site due to releases from USTs:2000-0788,

2002-0190

Please listall tanks

which have ever been located

at the site and are presently located

at the site.

Size

Did

liST

(gallons)

have a

release?

Type of

Incident No.

Release

02-0190

A-2

Fewer than

101:

62626

101

Product

Stored

Gasoline

Diesel

Used

Oil

02-0190

Overfflls

& Piping

Overfills

& Piping

4,000

Yes

4,000

2,000

Yes

Overfills

& Piping

This form must

be submitted in duplicate.

PROPOSEDBTJDGET

SUMMARY

AND

BUDGET TOTAL

Investigation

Costs:

Analysis

Costs:

Personnel Costs:

Equipment Costs:

Field Purchases and Other Costs:

Handling

Charges:

rEMANo.

02-0190

16,094.85

19,209.55

TOTAL PROPOSED BUDGET

35,304.40

B-i

This form must be

submitted in duplicate.

IEMA

No.

2002-0190

PERSONNEL

All personnel costs that are not

included elsewhere

in the budget/billing form must

be listed here.

Costs must

listed per

task, not personnel

type.

The

following

are

some

examples of tasks:

Drafting,

data collection,

plan, report,

or budget preparation for

Supervisin~

(i.e.,

site classification work plan,

day report,

or high

priority

corrective action budget), sampling,

field oversite for

CAP

Dev.~ (i.e.,

drilling/well installation,

corrective action, or early action)of maintenance of

Carter

The above list is not inclusive

of all

possible

tasks.

Environmental

Personnel for Excavation

hours ~x

per hour

3,420.02

(Title)

Task to be performed for the

above hours:

Hours were

detailed

and

broken down

in previous budget.

Deducted dollars

are

being submitted per cover letter.

Environmental Personnel for Backfill

hours x

__________

per hour

5,010.08

(Title)

Task

performed for the abov~

hours:

Hours were detailed

and broken down

in previous budget.

Deducted dollars

are

being submitted per

cover letter.

hoursx

perhoi.ir

(Title)

Task to be performed for the above

hours:

___________________________________________________

hours

per hour

(Title)

Task to be performed for the above hours:

___________________________________________________

hours

per hour

(Title)

Task to be performed for the

above hours:

___________________________________________________

hoursx

perhour

(Title)

Task to be performed for the

above hours:

hoursx

________

perhour

(Title)

Task to be performed for the

above hours:

hours

per hour

(Title)

Task to be performed for the

above hours:

________________________________________________

G-l

This form must be submitted

in duplicate.

IEMA

No.

2002-0

190

PERSONNEL

CAP

DEVELOPMENT

All personnel

costs that

are

not

included elsewhere in

the

budget/billing form must

be listed here.

Costs must

listed per task,

not personnel type.

The

following are some

examples of tasks:

Drafting, data

collection,

plan, repbrt,

or budget preparation for

CAP

(i.e.. site classification work plan,

day

report,

high

priority corrective

action budget),

sampling,

field

oversite for

CAP Dev.

(i.e.,

drilling/well installation,

corrective action,

or early action)of maintenance of

Carter

The

above

list

is not inclusive of all

possible

tasks.

Environmental Engineer

(Title)

10

 hoursx

100.00

per

hour

1,000.00

Task

to be performed for the above hours:

Status Report/Review

Environmental Engineer

(Title)

4.5

hoursx

100.00

per

hour

450.00

Task to be performed for the above hours:

CA DocumentationiAnalytical Review/Site Assessment

Senior

Env. Geologist

(Title)

hours

92.00

per hour

460.00

Task to be performed for the above hours:

 CA Status Report/Review

hours x

81.00

per hour

1,400.00

202.50

Task

to be performed for

the

above hours:

Status Report/Review

Env.

Project

Geologist

(Title)

13.25

 hoursx

 81.00

 per hour

1,073.25

Task to be performed for the

above hours:

 CA Status Report/Review

Env. Project Geologist

(Title)

hours x

81:00

per hour

891.00

Task to be performed for the above hours:

Env. Project

Scientist

(Title)

Task to be performed for the

above hours:

Site Assessment/CA Arrangements/Landfill/Subcontractor

hours~

81.00

per hour

891.00

Site InvestigationiSite Mapping/Utility

Locate

G-lb

Senior Env.

Geologist

(Title)

Task to be performed for the above hours:

hours x

100.00

per hour

General Project

Manager

(Title)

2.5

This form must be submitted in duplicate.

IEMA No.

2002-0190

Buy.

Project

Scientist

5.75

hours

81.00

per hour

465.75

(Title)

Task

to be performed for

the above hours:

CA Status Report/Review

Draftsman

7.25

hours x

55.00

per hour

398.75

(Title)

Task to be performed for.the above hours:

Site Drafting/Excavation Drafting/Sampling Drafting

Technical

Coordinator

hours x

65.00

perhour

(Title)

Task to be performed for the above hours:

 CA Status

Report/Review

Administrative Assistant

1.5

 hours x

 45.00

 per hour

67.50

tILLJe)

Task to be performed for the

above

hours:

Landfill Authorization

Correspondence

•

Administrative

Assistant

1.25

hours x

45.00

per hOur

56.25

(Title)

Task to

be performed for the above

hours:

OSFM Eligibility & Deductibility

• Administrative Assistant

0.75

hours x

45.00

per hour

33.75

(Title)

Task to be performed for the above hours:

Status Report/Documentation

Field., Supervisor/Coordinator

2.5

hours x

110.00

per hour

275.00

(Title)

Task to be performed for the

above hours:

CA Report/Excavation and Sampling

Documentation

___________________________________________

hours

100.00

per hour

(Title)

Task to be performed for the

above hours:

_________________________________________________

hours

perhour

(Title)

Task to be performed for the

above hours:

__________________

TOTAL PERSONNEL COSTS:

16,094.85

G-2.

This form must be submitted in duplicate.

IEMA

No.

2002-0 190

FIELD

PURCHASES

AND OTHER COSTS

All equipment usedmust be listed below in a

time and

materials

format.

 Handling

charges

should not be

added

here;

use

Section

Field Purchases

Quantity.

Item

Price/Item

Total Cost

Handling

Charges

Field Purchases & Other for Excavation

8,145.83

Field Purches

& Other for Backfill

$10,869.72

•

~•

•

•‘

•

0’

•

Subtotal

Page I-i

$19,015.55

I-i

This form must be submitted in duplicate

IEMA N2002-0190

INVESTIGATION

CAP

DEVELOPMENT

Other

Costs

listing

and

 description of

all

other costs

which

will be/were incurred and are

not specifically

listed on this

 form should be

attached.

The listing

should include

a cost breakdown in a time

and

materials

format.

Other Costs

No.

Rate

Cost

Copies

•

0.10

Mileage for

CW3M

trips

0.00

0.38

—

Double

Cut of Milage

19400

Per

Diem

0.00

36.00

Total Other

194.00

TOTAL OTEER

COSTS

 $19,209.55

~iiDtotal

Page

1-2

Total

(Pages I-i

and

1-2)

194.09J

19,209.55

1-2

This

form must be submitted in duplicate

8~7/15/2l384

88:12

2175228812

 CW3M COMPANY

PAGE

William Carter

P.O.

Box

505

Mill Shoals,

62862

R~:

LPC

#1934305002

WhiteCounty

Mill Shoals/Carter, Bill (Carter convenience Store)

829 Loy Street

LUST Incident Nos. 20000788

and

20020190

LUST Technical File

DearMr. Carter:

JLLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTh

GRA~D

AVENUE

E~.sT,

P.O.

Box 19276,

SPRINGFIELD,

ILLINOIS

 62794-9276, 217-782-3397

J1v~s

R.

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE

11-300,

CHICAGO, IL 60601,

31 2-814-6026

ROD

BLAGOJEVICH,

GovER~oR

RENEE

CIPRIANO,

DIREcTOR

217/782-6762

CERTIFIED

MAIL

•.

7002

~15fl

0000

1257

6~61

JUN222Dfl4..

•

~0~~•~

•

,.-

::~.

JUN2~2OO4

•1

The illinois

Environmental Protection

Agency (Illinois EPA)

has reviewed the High Priority

Corrective

Action Budget Amendment (budget amendment) submitted for the above-referenced

incident.

This

budget amendment, dated

May

12,

2004, was received by the Illinois

EPA on May

13,

2004.

Citations

in.th.is letter are

from the Environmental

Protection

Act (Act)

and

Illinois

Adminisb-ative Code

(35

Ill.

Adm.

Code).

The budget amendn~ent

is rejected for the reason(s) listed

below (Section

57.7(c)(4)

oftheAct

and

Iii.

Adm.

Code 732.405(c)

and

732.S03(b)).

In accordance with

Section

57.7(c)(4) of

the Act and

35111. Mm.

Code

732.503(b),

any

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

Title XVI of the Act shall be provided

to the ov~eror operator in

writIng within

120 days

of receipt.

•

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

111. Adm. Code 732.503(~,

the

Illinois EPA’s action to

reject or require modificationof the plan or budget, or the

•

rejection of

any plan

budget by

operation of~w,was subject to appeal to the Illinois

?ollution

Control

Board

within 35

daysafter

the Illinois EPA’s

final

action.

All future correspondence must be submitted to:

Harrison

St.,

Des Flames, IL

~i!ySL,

Peoria,

61614— (309)

South

Fir~i

Street.

Champaign,

IL 62

—4302

North

Main

Streel,

Rockford,

61103—

1613) 9~

ELCIN

—

595

South

State, 51gm,

60123—1847) 608-

PtORJ.~

—

7620 N.

Unfversiry St., Feor)~.

IL 61614

—

SPRINcnILD

—4500 5.

Sixth

Street

Rd.,

 Springfield,

11.

62706—

(21

—2309W. Main

EXHIBIT

S7/15/2~S4

2175228012

CW3M

COMPANY

PACE

Page 2

IllinoisEnvironmental Protection Agency

Bureau ofLand

#24

•

-O

Leaking Underground Storage

Tank

Section.

•

 1021 North Grand Avenue East

•

Post Office Box 19276

 Springfield, IL 62794-9276

•

‘

Please submit all corresp~ndencein duplicate

and

include

the Re: block

 shown at

the

beginning

of this letter.

•

• An underground storage tank system

owner

 or operatormayappeal this

decision

to the Illinois

Pollution-ControlBoard. Appeal

rights are

attached.

•

If

 you have

any

~uestiOns

or

need

 further assistance, please

contact

the IllinoisEPAproject

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

•

Sincerely,

Hernando A. Albarracin

•

Unit Manager.

•

Leaking Undetg-ound

Storage Tank

Section

DivisiOn of Remediation’Management

•

Bureau ofLand

HAA:SJ\CarterHPCAP

BUD

Amend 1.doc

Attachments:

 Appeal

Rights

•

cc: CW3M Company

•

•

 Division File

•

CW3M

COMPANy

•

PAGE

•

JUN

?004.

Appeal Rights

•

-.-~

An underground storage

tank

owner or operator may appeal this final decision

to the

Illinojs

•

?ollu,tioxi

Control Board

pursuant to

Sections 40

and

57.7(c)(4)(D) of the Act by filing a petition

for a hearing within

days after the date of

issuance of

the.fiñal

decision.

Howeyer. the 35-day

period maybe extended for a period of time not to

exceed 90

days

by written notice from the

•

owner or operatorand the

Illinois EPA

within the

initial

35-day appeal period.

the owner or

operator

wishes

to receive a 90-day extension, a written

request that includes

statement

ofthe

date

the

final decision ~wasreceived,

along

with a copy of

this

decision, mu.st be sent to

the

Illinois

EPA

as soon as

possible.

•

• For informationregarding the filing of

an

~ppeaI, please contact:

Dorothy Gunn. Clerk

Illinois

PollutIno

Control

Bo~r4

State

 ofIllinois Center

•

100 West Randolph, Saite

11-500

Chicago,IL

60601

•

 312/814-3620

For information

regarding

 the filing ofa~

 extension, please contact:

Illinois

Environ~ental

Protection Agency

•

Division

ofLegal Counsel

•

 1021 North

Grand

 Avenue East

• Post OfficeBo~

19276

•

Springfield,

ii.

62794-9276

227/78255~~

•

.0.H.

0000••0

000

8-7/15/2’804

88:12

21 752288i 2

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND

AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276

JAMES

R.THOMPSON

CENTER,

100

WEST RANDOLPH,

SUITE

11-300,CHICAG0,

IL 606O~

ROD

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

21-7/782-6762

CERTIFIED

MAIL

?002

20B0

0001

1522

IDBB

•

APRO32O~

William Carter-

P.O. Box505

Mill Shoals, IL 62862

Re:

 LPC #1934305002

 White County

•

Miii

 Shoals/Carter, Bill

(Carter

Convenience Store)

829Loy Street

LUST Incident Nos. 20000788

and

20020190

LUST Technical File

Dear Mr.

Carter:

AFN

42003

The Illinois Environmental Protection Agency (Illinois EPA) hasreviewed the High Priority

Corrective

ActiOn PlanBudget (budget)

submitted for the above-referenced

incident.

This

budget,

dated March

2003,

was received by

the Illinois

EPA on March 3, 2003.

 Citations in

this letter are from the Environmental

Protection

Act (Act)

and

illinois

Adimmstrative

Code

(35

Iii

Adm

Code)

The budget is modified pursuant

to Section

57.7(c)(4)

of the Act and

111. Adm.

Code

32.405(c).

Based

on the modifications

listed

in Section

2 of

Attachment

A, the amounts listed

in Section

of

Attachment

are

approved. Please note that the costs mustbe incurred in

accordance

with the approved

plan.

 Be aware that the amount ofreimbursement may be limited

by Sections

57.8(e),

57.8(g)

and

57.8(d) of the Act,

well

35 El.

Adm.

Code 732.604,

732.606(s),

and 732.611.

All

future conespondence~

must besubmitted to:

illinois Environmental Protection Agency

Bui~eauofLand

#24

•

Leaking

Underground Storage Tank Section

1021 North Grand Avenue East

Post Office Box 19276

•

Springfield, IL 62794-9276

ROCKFORD -4302 North

Main

Street,

Rockford,

IL 61103

—

1815)

987-7760

•

DES

PLAINES

—

9511

Harrison

St,

Des Plaines,

IL~~

ELGIN —595 South

State,

E(gin,

IL 60123— (847) 608-3131

•

PEORIA —5415

University Si.,

Peoria,

61614— (3t~

BUREAU

OF LAND

PEORIA

—

7620

University St.,

Peoria,

IL 61614—

1309) 693-5462

•

CHAMPAIGN —2125

South

First Street, Champa~~

SPRINGFIELD —4500 S.

Sixth Street Rd, Springfield,

IL 62706— 1217) 786-6892

•

COLLINSVILLE —2009 MaIl

Street,

Collinsv1IIe,

MARION

—2309 W. Main

St.,

Suite 116,

Marion, IL 62959—1618)

993-7200

PRINTED ON

RECYCLED

PAPER

EXHIBIT

•

Page2

Please submit

all

correspondence in duplicate and include the Re: block shown at the beginning

ofthis letter.

An underground storage

tank

system owner or operator may appeal this decision to the Illinois

Pollution

Control Board.

Appeal rights are attached.

If you

have

any

questions or need further assistance, please contact the Illinois EPA

manager,

Steve Jones, at 217/524-1253.

Sincerely,

Herriando A. Albarracin

Unit Manager

Leaking

Underground Storage

Tank Section

Division ofRemediation Management

Bureau ofLand

•

HAA:SJ~brterHPCAP BUD.doc

Attachments:

Attachment A

•

Appeal R~ights

cc:

CW3M Company

Division File

Attachment A

Re:

LPC #1934305002

White County

•

Mill Shoals/Carter, Bill (Carter

 Convenience Store)

829

Loy Street

LUST Incident Nos. 20000788

and

20020190

LUST Technical File

APR

42U0~3

Citations in this attachment

are

from

the Environmental Protection Act (Act)

and

35 illinois

Administrative Code

(35

 ill. Adm. Code).

•

SECTION 1

•

As a result ofthe illinois

EPA’s

modification(s) in

Section 2

this

Attachment A, the following

amounts are approved:

$0.00

•

 $2,720.00

$16,858.40

•

 $0.00

$34,579.90

$4,564.24

SECTION 2

Investigation Costs

Analysis Costs

 Personnel Costs

Equipment Costs

Field Purchases

and

Other Costs

Handling

Charges

~120.00for an adjustment in costs for soil PNA analyses.

The illinois EPA has

determined

that these costs

are

not

reasonable as submitted (Section 57.7(c)(4)(C) of the

Act and 35

111. Adm.

Code 732.606(hh)).

One of the overall goals of the financial review

is to assure that costs

associated with materials, activities,

and

services

are

reasonable

(35

•

ill. Adm.

Code 732.505(c)).

Please note that additional information andlor supporting

 documentation maybe provided to demonstrate the costs are reasonable.

2.

 $5.00 foran adjustment in soil phenols analysis. The illinoisEPA has determined that

these costs

are

not reasonable as submitted (Section

57.7(c)(4)(C)

 of theAct

and 35

El’.

Adm. Cbde 732.606(lih)). One of the overall goals of the financialreview is to assure

that costs associated with materials, activities,

and

services arereasonable (35 El. Adm.

Code 732.50.5(c)). Please note that additional information

andlor

 supporting

documentation maybe provided to demonstrate the costs

are

reasonable.

3.

 $3,420.02 for an adjustment in unreasonable personnel costs associated with excavation

and

 disposal activities. The IllinoisEPA has determined that these costs are-not

reasonable as submitted (Section 57.7(c)(4)(C) ofthe Act

and

ill.

 Adm. Code

732.606(hh)). One ofthe overall goals of the financial review is to assure that costs

associated with materials, activities, and services

are

reasonable (35 111. Adm. Code

~0~

•

Page2

732.505(c)).

Please note that additional information andlor supporting doCumentation

may be provided to demonstrate the costs are reasonable.

‘

Total

costs for excavation and disposal actiVities are unreasonable.

Therefore, the

Personnel Costs amount and Field Purchases and

Other Costs amount have been

proportionally modified to a more reasonable cost.

$5,010.08 for an adjustment in personnel costs

associated with backfilling activities.

The

•

 Illinois EPA has determined that these

costs

are

not reasonable as submitted (Section

 57.7(c)(4)(C) of the Act and35 Ill. Adm. Code

732.606(hh)).

One of the overall goals of

the financial review is to assure that

costs associated with materials, activities,

and

services

are

reasonable

(35

 Ill. Adm.

Code

732.505(c)).

 Please note that

additional

information and/or supporting documentation may be provided to demonstrate the costs

are

reasonable.

Total costs for backfihling

activities

are

unreasonable.

•Therefore, the Personnel Costs

•

amount

and

Field Purchases

and

Other Costs amount have been proportionally modified

to

 amore reasonable cost.

‘

$1,163.50

 for an adjustment in

costs for reimbursement.

The

 IllinoisEPA has-determined

that these costs

are

 not reasonable as submitted

(Section

57.7(c)(4)(C)

 of theAct and

35.

ill. Adm. Code 732.606(hh)).

One of the overall goals of the financial review is to assure

 that costs associated

‘with

 materials, activities, and services are reasonable (35 Ill. Adm.

Code

732.505(c)).

 Please note that

additional information and/or supporting

documentation mpy be provided to

demonstrate the costs

are

reasonable.

6.

 $7,600.25 forCAP development personnel

costs that lack supporting documentation

(35

111. Adm. Code732.606(gg)). A corrective action planbudget fora site

classified as high

priority must include, but not be limited to, an accounting of

all

costs associated with the

development, implementation, and

completion of the applicable activities (Section

57.7(c)(l)(B) ofthe Act

and

Ill. Adm. Code 732.405(b)).

Since there

 is no supporting

 documentation of costs, the IllinoisEPA cannot determine

that,costs will not be used for

activities in excess of those necessary to meet the minimumrequirements ofTitle

XVI

of

the Act.

 (Section

57.5(a)

 of the Act

and

 Ill. Adm. Code 732.606(o))

The owner or operatormustprovide documentation detailingthe specific tasks performed

by all personnel for the

CAP

 development

and

the number of

hours associated with each

task.

7.

 $194.00 for ~nadjustment in mileage costs. The illinoisEPA has determined that these

costs

are

not reasonable as submitted (Section

57.7(c)(4)(C)

 of the Act and

 111. Adm.

Code 732.606(hh)). One ofthe overall goals of the financial review is to assure that costs

•

APR

42003

Page 3

associated with materials, activities,

and

services

are

reasonable (35 ill.

ACm.

Code

732.505(c)).

 Please note that additional information and/or supporting documentation-

maybeprovided to demonstrate the costs are reasonable.

8.

 $8,145.83 for an adjustment in field purchases and other

costs

associated wish excavation

and

disposal activities. The illinoisEPA has determined that

these costs-are not

reasonable as submitted (Section

57.7(c)(4)(C)

 of the Act and 35 ill. ACm. Code

732.606(hh)).

One of the overall goals of the

financial review is to assure that costs

associated with materials, activities,

and

services arereasonable (35 111. Adm. Code

732.505(c)). -Please note that additional information and/or

 supporting

documentation

may be provided to demonstrate the costs

are reasonable.

Total costs forexcavation

and

disposal activities are unreasonable. Therefore, the

Personnel Costs amount

and

Field Purchases

and

Other Costs amount have been

proportionallymodified to amore reasonable

cost,

.9.

 $10,869.72 for an adjustment in field purchases

and

other costs associated with

backñlling activities. The IllinoisEPA has determined that these costs are not reasonable

as submitted(Section 57.7(c)(4)(C) of the Antand

111. Adm. Code

732.606(h.h)).

One

of the overall goals of the financial review is to assure that costs associated with

materials, activities, and services are reasonable

(35

 El. Adm. Code732.505(c)). Please

note that additional information and/or supporting

 documentation maybe provided to

demonstrate the costs

are

reasonable.

Total costs forbackfilling activities

are unreasonable.

Therefore, the Personnel Costs

amount and Field Purchases

and

Other Costs amount have beenproportionally modified

to amorereasonable cost.

S~?arterHPCAP BUD.doc

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) of theAct by filing a petition

for a hearing within 35 days after the date of issuance of the final decision;

However, the 35-day

period maybe extended for a period of time not to exceed 90 days by written notice from the

 owner or operator

and

the IllinoisEPA within the in.itial 35-day appeal period.

 If the owner or

operator wishes to receive a 90-day extension, a

written request that includes a stat~pient

of the

date the final decision was received, along

with

a copy of this

decision, must be sent to the’

 IllinoisEPA as

soon as possible.

Forinformation regarding

the

 filing of an appeal, please contact:

Dorothy Gunn,

Clerk

Illinois Pollution.

Control Board

 State ofIllinois Center

100 West Randolph, Suite 11-500

Chicago, IL

60601’

312/814-3620’

For information regarding the filing of an extension, please

contact:

Illinois Environmeiital

Protection Agency

Division of Legal

Counsel

1021 North Grand Avenue East

Post Office Box 19276

Springfield, IL 62794-9276

217/782-5544

Is,.)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

PCBNo.05-

)

 (LUST

—

Ninety~ayExtension)

)

DorothyM. Gunn, Clerk

Illinois Pollution Control Board

JamdsR. Thompson Center

100 WestRandolph

Street

Suite 11-500

•

 Chicago,IL 60601

Respectfully submitted,

ILLll’-~OIS

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent

•

John

 J(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

Carolyn S. Hesse

Barnes & Thomburg

Suite 4400

One North Wacker Drive

Chicago, 11

60606-2809

BEFORE

THE

POLLUTION CONTROL

BOARD

•

OF THE STATE OF ILLINOIS

BILL CARTER dfb/a

CARTER

CONVENIENCE STORE,

 Petitioner,

Respondent.

NOTICE

PLEASE

TAKE

 NOTICE that I

have today filed with the office- of the. Clcrk of the Pollution

Control Board

a REQUEST FOR NJNETY,DAY EXTENSION OF APPEAL

 PERIOD, copies ofwhich

are herewith servedupon

you.

•

•0~

,O•._O0~•~•~_

EXHIBIT

BEFORE THE

POLLUTION. CONTROL BOARD

OF THE STATE OF ILLINOIS’

BILL ‘CARTER

d!b/a

CARTER

CONVENIENCE STORE,

)

•

 Petitioner,

)

•

v.

)

 PCB No. 05-

•ILLINOIS ENVIRONMENTAL

)

 (LUST

 NinetyDayExtension)

PROTECTIONAGENCY,

)

Respondent.

)

•

 REQUEST

FOR

 NINETYDAYEXTENSION

APPEAL PERIOD

NOW COMES the Respondent, the Illinois Environmental Protection Agency (“Illinois

EPA”), byone 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

ControlBoard (“Board”)

grant

an extension ofthe thirty-five

(35)

 dayperiod forpetitioning fora

hearing to October 26, .2004, or any other date not more than a total of olTe hundred twenty-five

(125)

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

In

support

thereof, the

IllinoisEPArespectfully

states as

 follows:

1.

 On June 22, 2004,

 the Illinois EPA issued a final decision to the Petitioner.

(ExhibitA)

•

2.

 On July

15,

 2004, the Petitionermade a written request to the IllinoisEPA for an

extension oftimeby which to file a petition forreview, asking the IllinoisEPA

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 on0,June 23,

2004. (ExhibitB)

3.

 The additional time requested

b-y 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

 thatmay benecessary 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 dayperiod for petitioning for ahearing.

 Respectfully submitted,

ILLINOIS

ENVIRONMENTAL

 PROTECTIONAGENCY,

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

217/7.82-9143

(TDD)-’

Dated: July 28,2004

This filing submitted

recycled paper.

2175228S12

e~?/i5/2~S4

BE:~.2

CW3M-COMFANY

PAGE

iLLINOIS

‘ENVIRONMENTAL

PROTECTION AGENCY

1021

No~m

GRAND AVENL)E

EAsT,

P.O.

Box

19276,

SPRINGFIELD,

IwNolS

62794-9276,

217..782-3397

JAMEs

THOMPSON

CENTER,

100

WEST

RANDOLPH,

5urrE

11-300,

CHICAGO,

IL 60601, 312-814-6026

ROD

BLAGOJEVICH,

GOVERNOR

RENEE

C~PRiANo,DIREcTOR-

 217/782-6762

CERTIFIED

MAIL

7002

2151J

0000

 125? 6~61

JUN22

2~ff4-

William Carter

?.O.Box 505

•

JUN

2004

Mill Shoals,

IL 62862

•

Re:

-LPC

#1934305002--

White’Cou.nty

•

___~

Mill Shoals/Carter, Bill (Carter

Convenience

Store)

829 Loy Street

LUST Incident Nos. 20000788

and

20020190

LUST Technical File

Dear

 Mr. Carter:

The Illinois

Environmental

Protection Agency

(Illinois

 EPA)

has

reviewed the High

Priority

 Corrective Action BudgetArnendment (budget

amendment)

submitted for

the

above-referenced

incident.

This

budget amendment, dated May 12, 2004, was recei’c’edby the IllinoisEPA onMay

13, 2004.

 Citations

in-this

letter

are

fromthe Environmental ProtectionAct (Act)

and

Illinois

Administrative Code

(3.5

 -Ill.

Adm.

Code).

The

budget amendn~ent

rejected

 for the reason(s) listed below (Section

57.7(c)(4)

of.the Act

•

and

35

 Ill. Ad.rn. Code 732.405(c)

and

732.503(b)).

 In accordance with Section

57.7(c)(4)

of

the

Act

and

 35111.

Adm.

Code

732.503(b),

any

action by the IllinoisEPA to disapprove ormudify a plazi or budget submitted

pursuant

to

Title XVI

of

the

 Act shall beprovided to the owner or operator in writing

within

120

dayS

•

of receipt.

The IllinoisEPA previously notifiedth~owner

or operator of

its

final

action.

Further, in

 accordance with Section

57.7(c)(4)

of theAct and 35

 Iii.Adm. Code

732.503(f),

the

Illinois EPA’s action to reject or require modificationoftheplan or budget, or the

 rejection of

any

plan or budget by operation of-1~w,

was

 subject to appeal to the illinois

 Pollution Control Board within

 days,after

the

Illinois EPA’s

final

 action.

All

future

 correspondence

must

 he submitted to:

•

ROcQW

4)02

No~h

Main Street,

Rockford,

IL 51)03

—

Harrison

St.,

Des

Plaine~,

IL 60016

—

(~7)

294-4D00

ELCIN

—

59S

South

State,

61gm,

60123—

(847)

608-

y

SL,

Peoria,

II.

61 614

—

(309) 693-5463

Su~t,,u

L~r-~t

P~ORJ~

—

7620 N~

Universiry

5t.,

Fec,ria.

IL 61614

—

South

First

Street. Champaign,

61520— 1217) 278-5800

SPRINGrIELD

—45005.

Sixth

Street Rd.,

Springfield,

62706—

(21

Mail Street, C&IinsviIle, IL

62234-— (618)346-5120

—2309 W. Main

8) 993-7200

-EXHIBIT

@‘7/15/2~S4

a8:12

2175228S12

Illinois Environmental Protection Agency

Bureau ofLand

#24

Leaking UndergTound

Storage Tank

 Section.

1021

North Grand Avenue East

 Post Office

Box

19276

 Springfield, IL 62794-9276

CW3M

COMPANY

F~GE

JUN

~.BY:

7._..1

Please submit all correspondence in duplicate

and include the Re: block shown at the beginning

----

 ofthis

letter.

An underground storage tanksystem owner or operatormay appeal this decision to the Illinois

 PollutionControl Board. Appeal

rights are attached.

 Ifyou haveany

~uestions

or

need

 further assistance, please contact

the flhinois

 EPAproject

~

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

•

Sincerely,

Hemando A. Albarracjn

Unit Manager

Leaking Undetground Storage Tank.Sectiol-1

Djvjsion of RemediatioriManagement

Bureau

Land

HAA:S.T\Carter1-IPCA? BTJD

Amend

l.doc

Attachments:

 Appeal

Rights

cc:

CW3M Company

•

Division

 File

Page 2

~7.’a5/2’eS~

~8:t2

2175228S19

•

CW3M

COMR4NY

P~GE

.IUN~2

~?OO4

Appeal Rights

4C2~T7~

An underground

 storage tank

owlier

or operatormay appeal this final decision to the Illinois

Pollution Control

Board pursuant

 to Sections 40

and

 57.7(c)(4)(D) of

the

 Act by filing apetition

for a hearing within

days afterthe

 date ofissuance of

the.fina.l

 decision. However, the 35-day

•

 periodmaybe extended for a period oftime not to exceed.90 days by

written

 nptice

from

the

owner or operator

and

 the illinoisEPA within the

initial

 35-day appeal period, ifthe

owner

or

operatorwishes to receive a 90-day extension, a

v~itten

 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 soonas possible.

•

For information

regarding

 the filing of an appeal. please

contact:

Dorothy Gunn, Clerk

Illinois

PoilutInri

Control Bo~t-d

State

 ofIllittoisCenter

1

 00 West Randolph, Suite 11-500

 Chicago,IL 60601

312/814-3620

For information

regarding the filing

of an

 exrensio~,please contact:

Illinois Enviromnentaj Protection Agency

DIviSION

ofLegal Counsel

 1021 North Grand Avenue East

Post OfficeBox 19276

•

Springfie~~

 IL 627949276

0227/7g2554.4~

BARNES &TI-IORNBURQ

Suite 4400

One North Wcker Drive

•

Chicago, Illinois 60606.2809 U.S.A.

(312)357-1313

Carolyn

-Iesse

F-ax

(312)

759-5646

(312)

21-4.8301

Email:

chease@btlaw

corn

www.btlaw.com

 July

15,

2004

•

RECEIV~

VIA

FACSIMILE

& FEDERAL

EXPRESS

Divjs~0~

ga,

Counsc~

I’ll

Mr.

John

Kim

LJL

Z~O4

Illinois Environmental Protection Agency

1021

North Grand

Avenue East

E-nvlronmentaj

Prote~t~0~

Springfield, Illinois 62702

Agency

Re:

 LPC #1934305002-White County

•

 Mill Shoals /

Carter,

 Bill

(Carter Convenience Store)

829 Loy Street

LUSTIncidentNos. 20000788 and20020190

•-~

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.

 new High Priority Correctivd Action

Budget Amendment was submitted to the Illinois Environmental Protection Agency.dated

 May 12, 2004, which was received by the Agericy 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

p-lan or associated budget plan, an owner or operator determines that revised

proced~ires 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 withtheprocedures containe.d in Subpart E ofthis Part.

1~E~IBIr1

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 B.

Carter

 Convenience

 Store

 believes

 that,

 based upon

 discussions

 with

 Illinois

Environmental Protection Ag.ency and for other reasons, that we will be able to resolve the

issues raised-in the Agency’s letter. However, we believe thatwe will notbe 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)(l) and 35

lAO

 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 notif~’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,

BARNES

& THORNBURG LLP•

-k

Carolyn S. He~se

CSH,~jmr

Enclosure

cc:

 William Sinnott

CarolL.

 Rowe

227836v1

BAES~Tr-TC~PNPJ

Tpfl1~

CERTIFICATE OF SERVICE

the undersigned attorney

at- law,

hereby

 certify that on July28, 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 Mailpostage affixed thereto, uponthe foil-owingnamed persons:

DorothyM. Gunn, Clerk

 Carolyn-S. Hesse

Illinois Pollution ControlBoard

 Barnes& Thornburg

James R. Thompson Center

 Suite 4400

100 WestRandolph Street

 OneNorth WackerDrive

Suite 11-500

 Chicago,

60606-2809

 Chicago, IL 60601

ILLJIOIS ENVIRONMENTAL

PROTECTION AGENCY,

John

Assistant Counsel

Special AssistantAttoiney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 6279-4-9276

217/782-5544

217/7-82-9143 (TDD)

ILLINOIS POLLUTIONCONTROL

BOARD

August

2004

BILL CARTER d!b/a CARTER

)

CONVENIENCE STORE,

)

•

Petitioner,

)

PCBO5-15

(JST

Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respon4ent.

)

ORDER OF

THE

BOARD (byJ.P.

Novak):

•

On July 30,

2004, the parties timely filed a joint notice

 to extend the 35-dayperiod within

-.~

 which Bill

Carter d/b/a Carter Convenience Store may appeal a June 22,

2004

detennination of

the fllinois Environmental

Protection Agency (Agency).

See

 415 ILCS

5/40(a)(l)(2002); 35

 fli.

Adm. Code 105.402, 105.406. Because the

postmark

 date-ofthe joint request is

within

the

time

for filing,

thejoint

 request wastimely filed.

35 ill. Adm. Code

10i.300(b)(2),

105.404.

The

Agencyrejected

petitioner’s high priority corrective action budget amendment for Bill Carter

d!b/a

 Carter Convenience Store’s leaking underground petroleum storage

tank facility located

at809 Loy Street, Mill Shoals, White County.

TheBoard

extends

the

appeal period until

October 26,

 2004, as the parties

request.

See

415 ILCS

5/40(a)(1) (2002); 35

111. Adm.

Code

 105.406. IfBill Carter

d/b/a Carter Convenience

• Store fails to file an appeal on or

before that date, the Board will dismiss this

case and close the

docket.

IT IS

SO ORDERED.

I, Dorothy M.

Gunn, Clerk ofthe Illinois Pollution Control Board, certify that the Board

adopted the above order on August

2004, by a vote of4-0.

DorothyM. Gunn, Clerk

illinois Pollution Control Board