1. NOTICE
      2. RECE~VED
    1. EXHIBIT
      1. CERTIFICATE OF SERVICE
REED’S
SERVICE,
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
CLERK’S 0FFgCE
/,
PCB No.
05-
11 ~
)
(LUST Appea~
—
Ninety Day Extension)
)
)
)
Beth Giacomo, Project Manager
United Science Industries
P.O. Box 360
6295
East Illinois Highway
15
Woodlawn, IL
62898-03 60
)
)
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
J~m~
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: December
17, 2004
BEFORE THE POLLUTION CONTROL BOARD
DEC
21
2004
OF THE STATE OF ILLINOIS
STATE
Q.E
ELLINOiS
~
P~ff~ion’bontroi
Board
Petitioner,
V.
Respondent.
NOTICE
RECE~VED
CLERK’S OFFICE
DEC
21
2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE
STATE OF ILLINOIS
STATE OF
lLLti~jQiS
Pollution Control
E3oarci
REED’S
SERVICE,
)
Petitioner,
)
v.
)
PCBNo.05-
1
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)(l)
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 forpetitioning for a
hearing to
March
21,
2005,
or any other date not
more than a total
of one hundred twenty-five
(125)
days from the date of service of the Illinois EPA’s final decision.
The l25tl~day is March
20,
2004, a Sunday.
In support thereof, the Illinois EPA respectfully states as follows:
1.
On Novethber
12, 2004,
the Illinois EPA issued
a final decision to the Petitioner.
(Exhibit A)
2.
On November 30,
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 November
15,
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 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
John VKii
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: December 17, 2004
This filing submitted on
recycled paper.
2
ILLINOIS
ENVIRONMENFrAL
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
7002
31.50
0000
JJJJ3
9364
Reed’s Service
Attention:
Don Reed
306 North Court Street
Grayville,
Illinois
62844-1205
RE:
LPC
1930155011
-White County
Crossville
-
Reed’s
Service
108
South Cross Street
LUST Incidents 992785 &
20000296
LUST TECHNICAL FILE
Dear Mr. Reed:
I
RFX.-EI’7~i1
1
NOV
I5REC’U
The Illinois
Environmental Protection Agency (Illinois EPA) has reviewed the Site Classification
Completion Report (report) submitted for the abOve referenced incident.
This report, dated July
21, 2004, was received by the Illinois EPA on July 22, 2004.
The report proposes the
information which is summarized in Attachment
1.
Citations in this letter are from the
Environmental Protection Act (Act) and 35 Illinois Administrative Code.
The Site Classification Completion Report is rejected for the reasons which are explained in
Attachment 2 (Section
57.7(b)(l)
ofthe Act; 35 Illinois Administrative Code 732.309(b) or
732.312(j) and 732.503(b)).
The
Illinois EPA’also haD additional comments.
These comments are summarized in Attachment 3.
The Illinois EPA suggests the potential resolutions which are explained in Attachment 4.
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution
Control Board.
Appeal rights are explained
in Attachment
5.
ROCKFORD
—4302 North Main
Street, Rockford,
IL 61.103 —(615) 98
ELGIN
—
595 South State, Elgin,
IL
60123
-
(847)
608-31
BUREAU
OF LAND-
PEORIA
—
7620 N. University
St.,
Peoria, IL 61614
—
(309
SPRINGFIELD
—4500 5. Sixth
Street
Rd.,
Springfield,
IL 62706— (217)
MARION
—2309 W. Main
St
Harrison
St.,
Des Plaines, IL 60016— (847) 294-4000
St.,
Peoria, IL 61614
—
(309) 693-5463
South
First Street, Champaign,
IL 61820
—
(217) 278-5800
Mall
Street, CoIlinsviIIe, 1L62234—(618) 346-5120
8)
993-7200
217-782-6762
112
28~4
EXHIBIT
.0
.0
Any questions regarding this letter should be directed to Michael Piggush via phone
(217-782-3101), fax
(217-524-4193),
or e-mail (epa4200@epa.state.i1.us).
Sincerely,
Michael T. Lowder
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
Attachments
(5):
1.
Summary ofReport Proposal.
2.
Site Classification Completion Report Disapproval Reasons.
3.
Additional
Comments.
4.
Suggested Resolutions.
5.
Appeal Rights.
cc:
United Science Industries
Division File
ATTACHMENT
1
SUMMARY OF REPORT PROPOSAL
RE:
‘LPC1930155011-WhiteCounty
Crossville
-
Reed’s Service
108 South Cross
Street
LUST Incidents 992785
& 20000296
LUST TECHNICAL FILE
The report proposes the following information:
1.
The report proposes that releases have occurred from the following underground storage
tank systems:
a.,
1-1,000 gallon gasoline underground storage tank system.
b.
.
1-2,000 gallon gasoline underground storage tank system.
c.
1-1,000 gallon diesel fuel underground storage tank system.
d.
1-1,000 gallon heating oil underground storage tank system.
2.
The report proposes that the indicator contaminants would be the following:
BETX &
PNAs.
3.
The report assumes a Class
1
groundwater designation,
in accordance with 35 Illinois
Administrative Code 620.2 10.
4.
The report proposes that the underground storage tank systems
were removed.
.
5.
.
..
The report proposes that an off-site source ofPNA contamination in groundwater has
been encountered.
.
6.
The report requests approval ofa High Priority site classification, utilizing Classification
by Exposure Pathway Exclusion, in
accordance with 35 Illinois Administrative Code
732.312(h).
ATTACHMENT 2
SITE CLASSIFICATION COMPLETION REPORT DISAPPROVAL REASONS
RE:
LPC 1930155011
-
White County
Crossville
-
Reed’s Service
108 South Cross
Street
LUST Incidents 992785& 20000296
LUST TECHNICAL FILE
The Illinois EPA does not approve ofthe Site Classification Completion Report, for the
following reasons:
At
this time, the Illinois EPA does not agree with the discussion regarding potential
off-site sources of PNA contamination in groundwater, for the following reasons:
a.
The existing groundwater samples were not all obtained on the same date.
Groundwater samples were obtained as follows:
i.
Groundwater samples were obtained from monitoring wells MW-i
—p
MW-3 on March9, 2001.
ii.
Groundwater samples were obtained from monitoring wells MW-4
—~
MW-9 on September 21,
2001.
iii.
Groundwater samples were obtained from monitoring wells MW-10
‘
MW-2l
on January 28, 2002.
iv.
Groundwater samples were obtained from monitoring wells .MW-22
‘
MW-27 on February 18,
2004.
‘
.
The Illinois EPA does not feel that it is appropriate to directly compare sample
analyses from different monitoring wells when the groundwater samples were not
all obtained on the same
date.
b.
It does not appear that groundwater contours Were evaluated for the February 18,
2004 groundwater sampling event.
.
L
2.
A description of sample collection procedures must be provided for all samples.
The report does not demonstrate compliance with these requirements, forthe following
reasons:
a.
The report does not describe the procedures which were used to obtain the
groundwater samples from monitoring wells MW-22
—‘
MW-27 on February 18,
2004.
3.
All quality control criteria must be satisfied for all
sample analyses.
The report does not demonstrate compliance with these requirements, for the following
reasons:
a.
With regard to the groundwater samples which were
obtained from monitoring
wells MW-22
—~
MW-27 on February 18, 2004, the sample analyses contained the
quality control note “S”.
4.
The Laboratory Certification Form for the groundwater samples which were obtained
from monitoring wells MW-22
—*
MW-27 on February 18, 2004 was not the current
version ofthe form.
.
.
5.
The Professional Engineer Certification Form does not contain the expiration date ofthe
license ofthe Professional Engineer.
ATTACHMENT 3
ADDITIONAL COMMENTS
RE:
LPC
1930155011
-White County
Crossville
-
Reed’s Service
108 South Cross Street
LUST Incidents 992785
& 20000296
LUST TECHNICAL FILE
The Illinois
EPA has the following additional comments:
1.
All sample analyses must achieve detection limits which are less than r’~
respective baseline remediation objectives ofconcern (as outlined in;35 ‘1
Administrative
Code 742).
With regard to the groundwater samples which.were obtained from
i
MW-22
—~
MW-27 on February 18,2004, some ofthe sample anal-
detection limits.
Please be advised that the Illinois EPA considers ~
elevated detection limits to be contaminated
The tabular summary ofsample analyses does not indicate the detectiqn
some of the sample results were listed as being not detected.
In the future,
EPA requires tabular summaries to actually contain numerical values~
2.
tave
ATTACHMENT 4
SUGGESTED RESOLUTIONS
RE:
LPC 1930155011
-White County
Crossville
-
Reed’s Service
108 South Cross Street
LUST Incidents 992785 & 20000296
LUST TECHNICAL FILE
The Illinois EPA suggests the following potential resolutions:
Obtain
an additional round ofgroundwater samples from the monitoringwells.
Analyze
the samples forBETX & PNAs.
Obtain groundwater elevations from the,monitoring
wells.
Conduct these activities on the same date.
ATTACHMENT
5
APPEAL RIGHTS
An underground storage tank system 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 of the 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 of
the 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, Illinois
60601
312-814-3620
For information regarding the filing ofan extension, please contact:
Illinois
Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
217-782-5544
UNITED SCIENCE
INDUSTRIES
P.O.
Box 360
6295
East
Illinois Highway 15
Woodlawn, Illinois 62898-0360
November
30, 2004
Illinois
Environmental
Protection Agency
Division of Legal Counsel
1021
North Grand Avenue East
Springfield,
IL 62792-9276
Attn: John
Kim
Re:
LPC#
1930155011--White
Co.
Crossville/Reed’s
Service
108
South
Cross
Street
LUST Incident No. 992785
& 20000296
Dear Mr.
Kim,
Phone:
(618) 735-2411
Fax: (618) 735.2907
E-Mail:
unitedscience@unitedscience.coni
RECEIVED
Division
of
Legal Counsel
DEC 01
2004
Environmental Protection
Agency
United
Science
Industries,
Inc.
(USI),
on
behalf
of
our
client,
Don
Reed,
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.
189.
Sincerely yours,
UNITED SCIENCE
INDUSTRIES,
INC.
~
~
Beth Giacomo
Project Manager
Enclosures
EXHIBIT
.0
.0
CERTIFICATE
OF SERVICE
I, the
undersigned attorney
at
law,
hereby certify
that
on
December
17,
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:
DorothyM. Gunn, Clerk
Beth Giacomo, Project Manager
Illinois Pollution Control Board
United Science Industries
James R.Thompson Center
P.O. Box360
100 WestRandolph Street
6295 East IllinoisHighway 15
Suite 11-500
Woodlawn,IL 62898-0360
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
John
rKi~
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)

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