NOTICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
OF APPEAL PERIOD
CERTIFIED MAIL
EXHIBIT
Re: LPC# 1570405003-Randolph County
LUST Incident No. 20000027 & 20000698ATTN: John Kim

~nvirQnmentaJProtection

GATEWAY FS, INC.,

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

)

CLERK’S OFACE

~OV~~

2~’4

STATE OF ~LL~NO~S

Po~ut~on

Conio~

Licard

)

PCB No.

05-

)

(LUST Appeal

—

Ninety Day Extension)

)

NOTICE

Karen S. Bartling, Project Manager

United Science Industries

P.O. Box 360

6295

East Illinois Highway 15

Woodlawn, IL 62898-0360

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 ofwhich

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: November 5, 2004

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

CLERK’S OF~CE

NOV II ~2O~4

BEFORE THE POLLUTION CONTROL BOARD

STATE OF ~LL~NOIS

OF THE STATE OF ILLINOIS

Pol~ut~onContro’

Board

GATEWAY FS, INC.,

)

Petitioner,

)

PCB No. 05-

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, John

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

Ill. 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 February 7,

2005,

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. The

125th

day is

February 6,

2005,

a Sunday, and the next business day is February 7, 2005. In support thereof

the Illinois EPA respectfully states as follows:

On October 1, 2004, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

On October 6, 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 October 4, 2004. (Exhibit B)

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 forpetitioning for a hearing.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

JohnJ~

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: November

2004

This filing submitted on recycled paper.

~J~2

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILuNoIs 62794-9276, 217-782-3397

JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601, 312-814-6026

217/782-6762

ROD R.

BLAGOJEVICH, GOVERNOR

RENEE CIPRIANO, DIRECTOR

CERTIFIED MAIL

OCT~J~

2Ot~

7002 3150 0000 1113 ~

Gateway FS, Inc.

221 East Pine Street

Red Bud, IL 62278

Re:

LPC #1570405003

—

Randolph County

Prairie Du Rocher/Gateway FS, Inc.

“C” Avenue

LUST Incident Nos. 20000027 and 20000698

LUST Technical File

Dear Mr. Birchler:

GCT 04REC’~

lt~c.7.

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the amendment to the

High Priority Corrective Action Plan Budget submitted for the above-referenced incident. The

Illinois EPA received this amendment, dated August 4, 2004, on August

2004. Citations in

this letter are from the Environmental Protection Act (Act) and 35 Illinois Administrative Code

(35

Ill. Adm. Code).

The amendment to the High Priority Corrective Action Plan Budget is rejected for the reason

listed in Attachment A (Section

57.7(c)(4)

of the Act and 35 Ill. Adrn. Code 732.405(c) and

732.503(b)).

All future correspondence must be submitted to:

Illinois Environmental Protection Agency

Bureau of Land

#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 or operator may appeal this decision to the Illinois

Pollution Control Board. Appeal rights are attached.

ROCKFORD —4302 North Main Street, Rockford, IL 61103 —(815)

ELGIN —595 South State, Elgin, IL 60123 —(847) 60

BUREAU OF LAND - PEORIA — 7620 N. University St., Peoria, IL 61614— (

SPRINGFIELD — 4500 S. Sixth Street Rd., Springfield, IL 62706 — (2 ~

MARION —2309 W. Ma) ~

W. Harrison St., Des Plaines, IL 60016 —(847) 294-4000

ersity St., Peoria, IL 61614 —(309) 693-5463

2125 South First Street, Champaign, IL 61820— (217) 278-5800

t009 Mall Street, ColIinsviIIe, IL 62234—(618) 346-5120

(618) 993-7200

EXHIBIT

Page 2

• Ifyou have any questions or need further assistance, please contact Trent Benanti at 217/524-

4649.

Sincerely,

Michae~T. Lowder

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau ofLand

MTL:TLB :H :\Proj ects\Gateway FS, Inc\Letter7a.doc

Attachments: Attachment A

Appeal Rights

United Science Industries, Inc.

Division File

Attachment A

Re:

LPC #1570405003

—

Randolph County

Prairie Du Rocher/Gateway FS, Inc.

“C” Avenue

LUST Incident Nos. 20000027 and 20000698

LUST Technical File

Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois

Administrative Code (35 Ill. Adm. Code).

In accordance with Section 57.7(c)(4) ofthe Act and 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 of receipt

The investigation costs, analysis costs, personnel costs, equipment costs, field purchases,

other costs and handling charges are identical to those presented in the original High

Priority Corrective Action Plan Budget (with a few exceptions). As such, the Illinois

EPA previously notified the owner or operator ofits final action regarding these costs.

In accordance with Section 57.7(c)(4) ofthe Act and 35 Iii. Adm. Code 732.503(f), the

Illinois EPA’s action to reject or require modification ofthe High Priority Corrective

Action Plan or High Priorit~’Corrective Action Plan Budget, or the rejection ofany High

Priority Corrective Action Plan or High Priority Corrective Action Plan Budgetby

operation oflaw, was subject to appeal to the Illinois Pollution Control Board within 35

days after the Illinois EPA’s final action.

Ifthe owner or operator will seek reimbursement for any additional costs that may be

incurred as a result ofthe Illinois EPA’s modifications to the High Priority Corrective

Action Plan, an amended High Priority Corrective Action Plan Budget must be submitted

and approved prior to the issuance ofa No Further Remediation (NER) Letter (Section

57.8(a)(5)

of the Act and 35 Ill. Adm. Code 732.405(e)). The amended budget must

include only the costs over the previous budget.

MTL:TLB :H:\Projects\Gateway FS, Inc\7aa.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 the 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. 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 ofthis 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 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

P.O.

Box

360

6295 East Illinois Highway 15

Woodlawn, Illinois 62898-0360

October 6,

2004

Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

Springfield, IL 62792-9276

Re:

LPC# 1570405003-Randolph County

Prairie Du Rocher

—

Gateway FS, Inc.

“C” Avenue

LUST Incident No. 20000027 & 20000698

ATTN: John Kim

Dear Mr. Kim:

Phone: (618) 735-2411

Fax: (618) 735.2907

E-Mail: unitedscience@unitedscience.com

R~CE11VED

DIViSIOfl of Legal Counsel

OCT 11 20JJ4

~nvirQnmentaJProtection

Agency

United Science Industries, Inc. (USI), on behalf of our client, Gateway FS, Inc. is

requesting a 90-day extension to the 35-day appeal period in regards to the

IEPA 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 ext. 165.

Sincerely yours,

UNITED SCIENCE INDUSTRIES, INC.

Karen S. Bartling

Project Manager

UNITED SCIENCE INDUSTRIES

Enclosures

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on November 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:

Dorothy M. Gunn, Clerk

Karen S. Bartling, 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,

JoIiiiIJ. ‘Kb

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)