BEFORE THE POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS
NOTICE
OF THE STATE OF ILLINOIS
REQUEST FOR NINETY DAY EXTENSIONOF APPEAL PERIOD
CERTIFIED MAIL

EXHIBIT
1. Re: LPC# 1310455042—Marion Co.Salem/Beckman Service

Environmental Protection
Agency
1. EXHIBIT

R~c~VED

CLERK’S OFFICE

DEC

2004

STATE OF ILUNOIS

Pollution Control Board

PCB No.

05-

(LUST Appeal

—

Ninety Day Extension)

Dorothy M.

Gunn, Clerk

Beth Giacomo, 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

PLEASE TAKE

NOTICE

that

have

today filed with the

office of the

Clerk

of the

Pollution

Control Board a REQUEST FOR NThJETY DAY EXTENSION OF APPEAL PERIOD,

copies

of which

are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

Assistant Counsel

Special Assistant Attorney General

Divisionof 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

OF THE STATE OF ILLINOIS

BECKMAN SERVICE,

)

Petitioner,

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

RE CE

~V ED

CLERK’S OFFICE

DEC

212004

BEFORE

THE POLLUTION CONTROL BOARD

OF THE

STATE OF ILLINOIS

BECKMAN SERVICE,

)

Petitioner,

)

PCBNo.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

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

March

23,

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.

In support thereof, the

Illinois EPA respectfully states as follows:

On November 17,

2004,

the

Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

On November 30,

2004,

the Petitioner made a written request to the Illinois EPA

for an

extension of time by which

file a

petition for review, asking the Illinois

EPA join

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 18, 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 maybe necessaryto resolve this matter.

WHEREFORE, for the

reasons stated

above, the

parties request that

the Board,

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

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

This filing submitted on recycled paper.

~_\

/‘

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND AVENUE

EAST,

P.O.

Box

1.9276,

SPRINGFIELD,

ILUNOIS

62794-9276, 217-782-3397

JAMES

THOMPSON

CENTER,

100

WEST

RANDOLPH, SUITE

11-300,

CI-IICAGO,

IL 60601, 312-814-6026

ROD

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

217/782-6762

‘~72ff~4

Beckman Service

Attention:

Stan Beckman

639 East Main

Salem, IL

62881

Re:

LPC

1210455042

Marion County

SalemlBeckman Service

638 East Main

LUST Incident No. 983044

LUST Technical File

Dear Mr. Beckman:

CERTIFIED MAIL

7002

3150

0000

1113

NOV18REC’D

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority

Corrective Action Completion Report (report) for the above-referenced incident.

The report was

dated June 2004 and was received

by the Illinois EPA on July 21, 2004.

Citations in

this letter

are from the Environmental Protection Act (Act) and

35 Illinois Administrative Code

(35

III.

Adm.

Code).

Pursuant to

57.7(c)(4)(D)

of the Act and 35

111. Adm.

Code 732.409(c) and 732.503(b), the report

is rejected for the reasons listed below.

The City of Salem Ordinance number 2002-10 may be used as an institutional

control

only if it is subject to

a Memorandum of Understanding (MOU).

The Agency is requiring further off-site investigation on Shelby Avenue and on the East~

Lawn Cemetery property due to exceedances of the migration to groundwater and

inhalation exposure routes for benzene.

This is based on samples BH-14

3.43

mg/kg,

F-l3

2.7 mg/kg, and F-12

1.1

mg/kg, along the East property line.

Pursuant to 35

Ill.

Adm. Code 732.401,

a Memorandum of Understanding (MOU) must be

submitted within

120 days ofthis letter to:

ROCKFORD

—4302 North

Main

Street,

Rockford,

IL 61103

—(815)

ELGIN

—595

South State, Elgin,

IL 60123

—(8471 608

BUREAU

LAND

PEORIA—

7620

University St.,

Peoria,

IL 61614—(

SPRINGFIELD

—

4500 S. Sixth Street Rd., Springfield,

IL 62706

—

MARION

—

2309 W. Mai

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) 278-5809

09 MaH

Street, Collinsville,

IL 62234 —(618) 346-5120

618) 993-7200

EXHIBIT

Page 2

Illinois Environmental Protection Agency

Bureau ofLand-#24

Leaking Underground Storage Tank Section

1021

North Grand Avenue East

Post Office Box

19276

Springfield,

62794-9276

Please submit all

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

letter.

The Illinois EPA do~s

not require the submission or approval of a budget if the owner or operator

will not seek

payment of corrective action costs from the Underground Storage Tank Fund.

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 Jim Ransdell at

217/557-6938.

Sincerely,

Thomas A. Hen

ger

Unit Manager

Leaking Underground Storage Tank Section

Division of Remediation Management

Bureau of Land

TAH:JSR:jk\040842.doc

Attachment:

Appeal Rights

US!

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 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. If the 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 ofIllinois

Center

100 West Randolph, Suite 11-500

Chicago, IL

60601

312/814-3620

For information regarding the filing of au

extension, please contact:

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021 North Grand Avenue East

Post Office Box 19276

Springfield,

62794-9276

217/782-5544

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# 1310455042—Marion

Co.

Salem/Beckman

Service

638

East

Main

LUST Incident No. 983044

Dear Mr.

Kim,

United

Science

Industries,

Inc.

(USI),

behalf of

our client,

requesting

90-day

extension

the

35-day

appeal

period

IEPA correspondence

included.

appreciate

your

time

and

consideration

this

matt~r.

questions

or comments

regarding

this

matter

please

contact

2411 ext. 189.

Sincerely yours,

UNITED SCIENCE

INDUSTRIES, INC.

Beth Giacomo

Project Manager

Enclosures

Phone:

(618) 735-2411

Fax: (618) 735-2907

E-Mail: unitedscience@ unitedscience.conl

RECEIVED

Division of Legal Counsel

DEC 02

2004

Environmental Protection

Agency

Stan

Beckman,

regards

the

you

have

any

(618)

735-

EXHIBIT

UNITED

SCIENCE

INDUSTRIES

CERTIFICATE

OF SERVICE

I, the

undersigned attorney

at law,

hereby certify

that on

December

17,

2004,

I served

true

and

correct

copies

REQUEST

FOR

NINETY

DAY

EXTENSION

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

Beth Giacomo, 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 PROTECTIONAGENCY,

John

Assistant Counsel

Special Assistant Attorney General

Division of Legal Counsel

1021 North Grand Aveilue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)