ILLiNOIS ENVIRONMENTAL
PROTECTION AGENCY,
Dorothy M. Guim,
Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite.
11-500.
Chicago, IL 60601
Respectfully submitted,
)
)
)
ILLiNOIS. ENVIRONMENTAL PROTECTION AGENCY,
Respondent
i~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: November 24, 2004
BEFORE THE. POLLUTION. CONTROL BOARD
OF THE STATE OF ILLINOIS
VILLAGE
OF
CRAINVILLE,
)
Petitioner,
)
V.
Respondent.
1IT~
=~‘
C~1~:RK~S
OFF~?~E
~/
2~
2~C~
STATE OF ~LL~NO~S
Po~ut~on
Contro’ Board
)
PCBNo.05-
(LUST Appeal
—
Ninety Day Extension)
NOTICE
JohnKroeger, Project Manager
United Science Industries
P.O. Box 360
6295 East Illinois Highway
15
Woodlawn, IL
62898-0360
PLEASE
TAKE. NOTICE
that
I
have. ioday.
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 servedupon you.
CLERK’S
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
~OV
2
~J2~
OF THE STATE OF ILLINOIS.
STATE OF ~LLINOi3
Po~u’i~on
Contro’
Board
VILLAGE OF
CRAINVILLE,.
.
)
Petitioner,.
)
v.
.
)
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 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
Control Board (“Board”) grant an extension ofthe thirty-five
(35)
day period for petitioning for a
hearing to February 24,
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.
In support
thereof,. the.
Illinois EPA respectfully states. as follows:
1..
On October21,
2004,. the Illinois EPA issued
a final decision
to.
the Petitioner..
(Exhibit A).
2..
On’November
11,
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 22,. 2004.
The final decision provided by the Petitioner does not include the
signaturepage, but does include, the, first, third and fourth pages.
.
(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,
Respondent
JohnJ.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:.November 24,
2004.
This. filing submitted on recycled paper.
2
‘1,
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, 312-81 4-6026
ROD R.
BLAGOJEVICH, GOVERNOR
217/782-6762
OCT2i2fl~
Village of Crainville
1205 Main Street
Carterville, IL
62918
Re:
LPC #1990155024
‘—
Williamson County
Carterville/Village ofCrainville
1205 Main Street
LUST Incident No. 983135
LUST Technical File
Dear Mr. Wiggs:
RENEE CIPRIANO,
DIRECTOR
CERTIFIED MAIL
~oOOOO1E5~6?~L~
OCT
22
REC’D
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the amendment to the
Site Classification Work Plan Budget submitted for’the above-referenced incident.
The Illinois
EPA received this amendment, dated July 2004, on August 3, 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 Site Classification Work Plan Budget is modified pursuant to 35 III. Adm.
Code 732.305(c) and Section
57.7(a)(1)
of the Act.
Based
on the modifications listed in Section
2 ofAttachment A, the amounts listed in Section
1 of Attachment A are approved.
Please note that the costs must be incurred in accordance with the approved Site Classification
Work Plan.
Be aware that the amount ofreimbursement maybe limited by Sections
57.8(e),
5,7.8(g),
and
57.8(d)
of the Act, as well as 35111.
Adm.
Code 732.604, 732.606(s) and 732.611.
Ifthe owner or operator agrees with the Illinois EPA’S modifications, submittal of an amendment
to
the Site Classification Work Plan Budget is
not required (Section 57.7(c)(4) ofthe Act
and 35
Ill. Adm.
Code
732.503(f)).
If the owner or operator chooses to submit an amendment to the Site Classification Work Plan
Budget, the amendment must be submitted and approved prior to
the issuance ofa No Further
Rernediation (NIFR) Letter.
Costs associated with an amendment that has not been approved
prior to the issuance of an NFR Letterwill not be reimbursable.
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) 601
BUREAU OF
LAND
-
PEORIA
—
7620
N.
University
St.,
Peoria,
IL 61614
—
SPRINGFIELD
—45005. Sixth Street Rd.,
Springfield,
IL 62706—121
MARION —2309 W. MainS
Harrison
St.,
Des Plaines,
IL 60016
—
(847) 294-4000’
y St.,
Peoria, IL 61614— (309) 693-5463
i
South First
Street, Champaign, IL
61820 —(217) 278-5800
Mall Street,
Collinsville,
IL 62234—1618)
346-5120
18)
993-7200
4
SECTION
2
$300.00
for an adjustment in the investigation costs.
The Illinois EPA previously
notified the owner or operator of its final action in regards to these costs.
Further, in
accordance with Section
57.7(c)(4)
of
the Act and 35 III. Adm. Code
732.503(f), the
Illinois EPA’s action to
require modification ofthe Site Classification Work Plan. Budget
was subject to appeal to the Illinois Pollution Control Board within 35 days after the
Illinois EPA’s final action.
2.
$4,900.00 for an adjustment in
the personnel costs.
The amendment to the Site
Classification Work Plan Budget includes personnel costs that lack supporting
documentation
(35
Ill. Adm. Code 732.606(gg)).
The owner or operator contracted United Science Industries, Inc.
to perform the work
outlined’in the amendment to’the Site Classification
Work Plan..
.
The Site Classification Work Plan Budget, dated November 10, 2003, contained
sufficient personnel costs to cover the work performed by the previous consultant and the
work performed by United Science Industries, Inc.
The Illinois EPA previously notified the owner or operator ofits final action
in regards to
these personnel costs.
Further, in accordance with Section
57.7(c)(4)
ofthe Act and 35
Ill. Adm.
Code 732.503(f), the Illinois EPA’s action to require modification ofthe Site
Classification Work Plan Budget was subject to appeal to the Illindis Pollution Control
Board within 35
days after the Illinois EPA’s final action.
MTL :TLB:H:\Projects\Village ofCrainville\5 aa.doc
Appeal Rights
An underground storage tank owner or operatormay 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 of issuance ofthe final decision; however, the 35-day
period may be extended for’a period of time 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 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
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
Phone: (618) 735.2411
6295
East
Illinois Highway
15
Fax: (618) 735.2907
Woodlawn, Illinois 62898-0360
E-Mail: unitedscience@unitedscience.com
November
11, 2004
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, IL 62794-9276
Re:
LPC# 1990155024 —Williamson County
Village of Crainville
1205 Main
Street
-
Carterville
LUST Incident No.
983135
LUST Technical File
USI Project #1803067
To
Whom It May Concern:
United Science
Industries,
Inc.
(USI),
on
behalf of our client, Village of
Crainville, ‘is
requesting
a
90-day
extension
of
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 extension 129.
Sincerely yours,
UNITED SCIENCE INDUSTRIES, INC.
John Kroeger
Project Manager
Enclosures
JK;jlr
UNITED SCIENCE
INDUSTRIES
EXHIBIT
CERTIFICATE OF SERVICE
I, the undersigned
attorney
at
law,
hereby certif~’that
on
November
24,
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, upon the following named persons:
DorothyM. 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,
JohifJ.
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)
