RECEIVE ~
CLERK’S OFFICE
JAN 13 2005
STATE OF ILLINOIS
Pollution Contro’
E~oard
)
PCBNo.05-
/llL
)
(LUST Appeal
—
Ninety Day Extension)
)
)
NOTICE
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Kenneth M. Miller
American Environmental Corporation
3700 West Grand Avenue
Suite A
Springfield, IL 62711
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
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: January 11, 2005
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MAC’S CONVENIENCE STORES, LLC,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
BEFORE.THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MAC’S CONVENIENCE STORES, LLC,
)
Petitioner,
)
V.
)
ILLINOIS ENVIRONMENTAL
)
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 Iii. 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 April 11, 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:
1.
On Decethber 6, 2004, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On January 4, 2005, 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 earliest the final decision could have been served upon the Petitioner was on December 7,
2004. (Exhibit B)
RECE~~1ED
CLERK’S OFFICE
JAN 132005
STATE OF
ILUNOIS
PoUut~oflControl Board
PCBNo.05-
I)-
(LUST Appeal
—
Ninety Day Extension)
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’3~.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: January 11, 2005
This filing submitted on recycled paper.
2
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PAGE @3(85
ILLINOiS ENViRONMENTAL PROTECTION AGENCY
1021 NORTH
GRAND
AVENUE
EAST,
P.O.
Box 19276, SPRINGFIELD, ILLINOIS
62794-9276,
217-782-3397
JISMES
R. THOMPSON CENTER, 100 WEST
RANDOLPH,
Sum
11-300, CHICAGo,
1L
60601, 312-814-6026
217/7826762
DEC 08 2S
ROD it I3LAG0JEvICH,
GOVERNOR
Mac’s Convenience Stores, LLC
Attcnti or’: Matt McCure
P.O. Box 347
Columbus, ~N 47202
Re:
LPC #167 1205270- Sangamon County
Springfield/Mac’s Convenience Store #160
2901 Stevenson Drive
LUST Incident No. 2002 1336 & 20021337
LUST Technical File
Dear Mr. McCure:
RENEE CIPRIAN0, DIRECTOR
CERTiFIED MAIL
7002 3150 0000 1112 ~783
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Site investigation Plan
(plan) submitted for the above-referenced incident. This plan, dated August 4 2004, was received by the
Illinois EPA on August 9, 2004. Citations in this letter are from the Environmental Protection Act (Act),
as amended by Public Act 92-0554 on June 24, 2002, and 35 Illinois Administrative Code (35 Ill. Adni.
Code).
The plan and the associated budget arc rejected
for
the reason(s) listed below (Sections 57.7(a) and
57.7(c)(4)
ofthe Act and 35 III. Adm. Code 732.503(h)).
The plan is rejected forthe following reason(s):
I.
The plan indicates the LUST incident 20021336 was from gasoline USTs. All information
currently in the Illinois EPA’s possession indicates the gas ecrntamin.~I-innon site (~ndpo?eWi.eJJy
off site) wa~due to the release in 1992 that has been “remediated” and has received a No Further
Remcdiation letter dated May 7, 2002. Please provide information to indicate that LUST incident
20021336 is not a re-reporting ofthe closed LUST incident 920410.
2.
The soil borings/monitoring wells may not be necessary if it cannot be proven that the LUST
incident 20021336 is not a re-reporting of the closed LUST incident 920410 as requested above.
The plan budget is rejected for the following reason(s):
1.
A full financial review shall consist of a detailed reviewof the costs associated with each element
necessary to accomplish the goals ofthe plan as required pursuant to the Act and regulations.
ROcxFoso
‘-4302
North
Main Street,
Roclcford,
IL 61503—1815)987~7760
BURLcU OF LAND
.
PEORrAELCIN
—595
—
7620
South
N. University
Sisme,
Elgmn.
St..
IL
Peoria,
60123
IL
.~
61614—130
(847; 608-31
fl
SPRINCFIELD
—
4500 5. Sixth Street Rd., Springfield IL 6270~—(217
MARPON —2309 W.
Main
5
El
.0.0
a
• Ots PLAINES —9511 W. Harrison SL,
Des Plaines,
IL 60016—(847I
294—4000
n.~..
~k sL,
Pc~ia,
IL
61614— (309) 693-5463
mouth
First Street, Champaign, II. 61820— (217)
278-5800
kiall Street, CollinsviIIe IL
62234—
(618) 346-5120
993.7200
JAN—04—2I3I35 14:22
@1/84/2885 14:18
EXHIBIT
&
• JAN—04—2085 14:23
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Page 2
Items to be reviewed shall include, but not be limited to, costs associated with anymaterials,
activities, or services that are includedin the budget plan. The overall goal of the fmancial
review shall be to assure that costs associated with materials, activities, and services shall be
reasonable, shall be consist with the associated technical plan, shall be incurred in the
performance ofcorrective action activities, and shall not be used for correctiveaction activities in
excess ofthose necessary to meet the mininium requirements ofthe Act and regulations (Section
57.7(c)(3)
ofthe Act and
35
111. Adm. Code 732,505(c)).
Without an approvable plan, the proposed budget cannot be fully reviewed.
Pursuant tp Sections 57.7(a) and 57.12(c) and (d) ofthe Act and 35111. Adm. Code 732.100 and
732.105,
a revised plan and/or budget must be submitted within 90 days of the date ofthiá letter to:
Illinois Environmental Protection Agency
Bureau ofLand
-
#24
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
.
?ost Office Box 19276
Springfield$L 62794-9276
Please submit all correspondence in duplicate and include the Re: block shown at the beginning of this
letter.
An underground storage tank system owner or operatormay appeal this decision to the Illinois Pollution
Control Board. Appeal rights are attached.
Ifyou have any questions or need further assistance, please contact Mindy Wellerat 217/782-6762.
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
HAC:MW:mw\200213 36&2002 133 7-3.DOC
cc:’
JamesNelson, P.O., American Environmental
Division File
JAN—04—2005 14:23
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P.0525
@1/84/2805 14:18 2175859518
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PAGE @5/85
Appeal Rights
An underground storagetank owner or operatormay appeal this final decision to the Illinois Pollution
Control Board pursuant to $ections 40 and
57.7(c)(4)(D)
of the Actby filing a petition for ahearing
within 35 days after the date of issuance 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 astatement of the 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 of an appeal, please contact;
Dorothy Gurm, Clerk
Illinois Pollution Control Board
•
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL §060 1
312/814-3620
.
•
For information regarding the filing ofan extension, please contact:
Illinois Bnvironrnental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
21 7/782-5544
TOTAL P.05
P. 02/05
JAN—04—2005 14:22
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PAGE 02/05
_____
American
~t
Envimnmental
Eccrn SpHnufloldfleqional
office
VIA FACSIMILE
January 4, 2005
Illinois Environmental Protection Agency
Attn: John Kim
•
Division of Legal Counsel
1021 North Orand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Re:
Request for Extension for Petitioning
the
IPCB
LPC #1671205270
—
Sangamon County
Mac’s Convenience Store #160- Springfield/Mac’s Convenience Stores LLC
2901 Stevenson Drive
LUST Incident No. 20021336 & 20021337
American Environmental Project Number 227037
Dear Mr. Kim
Mac’s Convenience Stores LLC (“Mac’s”), requests that the Illinois Environmental Protection
Agency (“Agency”) join them in requesting a90-day extension to the 35-day deadline for filinga
petition for a hearing before the Illinois Pollution Control Board (“PCB”). This request is being
made to preserve Mac’s right to appeal the Agency decision contained in a December 6, 2004
letter regarding an August 4, 2004 Site Investigation Plan and Budget for the above referenced
LUST incident. A copy of the Agency letter is attached.
The additional time is needed for Mac’s to submit additionai information nd forthe Agency to
reviewthe infonnation. Ifnecessary, we will participate in a teleconference and/or meet with the
Agency in an effort to resolve the issues without the need to submit aformal petition request.
Please take the necessary action to file this extension request before the 35-day appeal time
expires on January 11, 2005. If you need additional information, please advise.
Sincerely,
~~~~1ONMENTAL
CORPORATION
Kenneth M. Miller, P.E., P.O.
•Regional Manager
pc:
Kevin Meiritt, Mac’s Convenience Stores LLC
Jacob Smith (cover letter only)
Enclosure
Corporate Office
Regional Office
Regional Office
8500 Georgetown
Road
2700W. Grand
Ave.
Ste. A
410 Pr,)ductjon Court
Indianapclie. Indiana 46288-1647
Springfield. IL 6~7l1
• ~
KY
40299
317.871-4090
•
217.585-9517
602491.0144
317-8714094 Fax
217-585-9518 Fax
502491-9271
Fax
EXHIBIT
2
.CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on January 11, 2005, 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 aU.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
Kenneth M. Miller
illinois Pollution Control Board
American Environmental Corporation
James R. Thompson Center
3700 West Grand Avenue
100 West Randolph Street
Suite A
Suite 11-500
Springfield, IL 62711
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
John L. lUm
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)
