BEFORE THE POLLUTION
CONTROL BOARD
OF THE STATE
OF ILLINOIS
YE OLDE GLASS SHOPPE,
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
Petitioner,
Respondent.
V.
RE C
i~V 1~!
~
CLERK’S
OFFICE
MAR
~
2~fl5
STATE OF
ILLINOIS
)
Po~ut~on
Control Board
)
)
PCBNo.05-
(LUST Appeal
—
NinetyDay 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 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
John Jc Kim
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: March 4, 2005
CLERK S OFFICE
BEFORE THE POLLUTION CONTROL
BOARD.
MAR
8
2005
OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
PoIi~t~~~
Controj Board
YE OLDE GLASS SHOPPE,
)
Petitioner,
)
v.
)
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
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 June 6,
2005,
or any other date not more than a total ofone hundred twenty-five
(125)
days from the date ofservice ofthe illinois EPA’s
final decision.
The
125th1
day from service is
June
5,
2005, a Sunday.
In support thereof, the Illinois EPA respectfully states as follows:
1.
On
January 27,
2005,
the Illinois
EPA issued
a
final
decision
to
the
Petitioner.
(Exhibit A)
2.
On February
15,
2005,
the Petitioner made a written request
to
the
Illinois EPA
for an
extension oftime
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 January 31, 2005.
(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,
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: March 4, 2005
This filing submitted on recycled paper.
2
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND
AVENUE
E~~si,
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.
BIJ~GoJEvIcH,GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED MAIL
7002
3150
0000
1253
2904
JAN
2 7
2OO~
Ye Olde Glass Shoppe
802 Archer Avenue
Marshall, IL
62441
1
JAN31
REC’B
Re:
LPC#0230105033—ClarkCounty
MarshalllYe Olde Glass Shoppe
802 Archer Avenue
LUST Incident No. 990233
LUST Technical File
Dear Mr. Wesley:
-
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the amended High
Priority Corrective Action Plan and Budget submitted for the above-referenced incident.
The Illinois
EPA received this amended plan and budget, dated August 2004, on October 1, 2004.
Citations in
this letter are from theEnvironmental Protection Act (Act) and 35 Illinois Administrative Code
(35
Ill. Adm. Code).
Pursuant to Section
57.7(c)(4)
ofthe Act and 35 Ill. Adm. Code 732.405(c), the amended High
Priority Corrective Action Plan is modified. The following modifications are necessary, in
addition to
those provisions already outlined in the amended plan, to demonstrate compliance with Title XVI of
the Act and
35
111.
Adm.
Code 732:
1.
The owner or operator modeled the benzene contamination in wall sample W- 12
to the
groundwater table.
The predicted benzene concentrationin the groundwater, 0.645
milligrams per liter (mg/l), exceeded the Tier
1, Class
1 groundwater remediation objectives;
therefore, the owner or operator modeled the predicted benzene concentration. Thepredicted
benzene concentration in the groundwater will attenuate
77 feet from the source (W-12);
therefore, the owner or operator willneed to obtain a Highway Authority Agreement for
Archer Avenue and an Environmental Land Use Control for the property on the west side of
State Route
1 (Marshall Fire Department).
Please note that all activities associated with the remediation ofthis release proposed in the amended
High Priority Corrective Action Plan must be executed in accordance with all applicable regulatory
and statutory requirements, including compliance with theproper permits.
Pursuant to
Section
57.7(c)(4)
ofthe Act
and 35 Iii. Adm. Code 732.405(c), the amended High
Priority Corrective Action Plan Budget is modified.
Based on the modifications listed in Section 2 of
ROCKFORD
—4302
North
Main
Street, Rockford,
IL 61103 —(815)
ELGIN
—595
South
State,
Elgin,
JL 60123 —(847) 60
BUREAU OF
LAND
-
Pto~
—
7620 N.
University St., Peoria, IL 61614—
SPRINGFIELD
—
4500 S. Sixth
Street
Rd., Springfield,
IL
62706—
(2
MARION
—2309 W.
Mai
W.
Harrison St.,
Des Plaines, IL 60016— (847)
294-4000
rsity St.,
Peoria,
1161614— (309) 693-5463
125 South First Street, Champaign,
IL 61820—(217) 278-5800
09 MalI Street, Collinsville,
1162234— (618) 346-5120
(618) 993-7200
EXHIBIT
Page 2
Attachment A, the amounts listed in Section
1
ofAttachment A are approved.
Please note that the
costs must be incurred in accordance with the approved High Priority Corrective Action Plan.
Be
aware that the amount ofreimbursement may be limited by Sections
57.8(e),
57.8(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 th.e Illinois EPA’s modifications, submittal of an amended High
Priority Corrective Action Plan and/or Budget is not required (Section_57.7(c)(4) oftheAct and 35
Ill. Adm. Code
732.503(f)).
Ifreimbursement will be sought for any additional costs that may be
incurred as a result of the Illinois EPA’s modifications, an amended High Priority Corrective Action
Plan Budget must be submitted and approved prior to the issuance ofa No Further Remediation
(NFR) Letter (Section
57.8(a)(5)
ofthe Act and
35 III. Adm. Code 732.405(e)).
All future correspondence must be submitted to:
Illinois Environmental Protection Agency
Bureau ofLand
-
#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 of
this letter.
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 TrentBenanti at 217/524-4649.
Sincerely,
Michael
T. Lowder
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau ofLand
MTL:TLB:H:\Projects\Ye Olde Glass Shoppe\Letter8.doc
Attachments:
Attachment A
Appeal Rights
C:
United Science Industries, Inc.
Division File
Attachment A
Re:
LPC #0230 105033
—
Clark County
Marshall/Ye Olde Glass Shoppe
802 Archer Avenue
LUST Incident No. 990233
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code
(35
Ill. Adm. Code).
SECTION
1
The High Priority Corrective Action Plan Budget was previously approved for:
$
0.00
Investigation Costs
$
5,883.00
“
Analysis Costs
$
21,305.00’
Personnel
Costs
$
1,360.00
“
Equipment Costs
$120,737.05
“
Field Purchases and Other Costs
$
480.72
/
Handling Charges
-
As
a result of the Illinois
EPA’s modifications
in Section
2 ofthis Attachment A, the amended High
Priority Corrective Action Plan Budget is approved for:
$
0.00
Investigation Costs
$
0.00
Analysis Costs
$
7,065.00
Personnel Costs
$
120.00
Equipment Costs
$
0.00
Field Purchases and Other Costs
$
0.00
Handling Charges
Therefore, the total, cumulative High Priority Corrective Action Budget is approved for:
$
0.00
Investigation
Costs
$
5,883.00
Analysis Costs
$
28,370.00
Personnel Costs
-
$
1,480.00
Equipment Costs
$120,737.05
Field Purchases and Other Costs
-
$
480.72
Handling Charges
SECTION 2
1.
$8,780.00
for personnel costs that lack supporting documentation
(35
111. Adm. Code
732.606(gg)).
A High Priority Corrective Action Plan Budget must include, but not be
limited to, an accounting of all costs associated with the development, implementation,
and
completion ofthe applicable activities (Section
57.7(c)(1)(B)
of the Act and 35
Ill. Adm.
Code 732.405(b)).
Since there is no
supporting documentation ofcosts, the Illinois EPA
cannot determine that costs will not be used for activities in excess ofthose necessary .to meet
the minimumrequirements of Title XVI ofthe Act (Section
57.5(a)
ofthe Act and 35 Ill.
Adm.
Code 732.606(o)).
(Continued
from theprevious page)
The amended High Priority Corrective Action Plan includes a summary of the corrective
action excavation results (in tabular and raw form), àopies of the manifests and weight
tickets, photographs ofthe corrective action excavation, a model of thebenzene
contamination in wall sample W- 12,
five updated/new figures, a proposal
for a Highway
Authority Agreement and an amended High Priority Corrective Action Plan Budget.
Neither the owner or operator nor the consultant provided documentation, which justifies the
excessive personnel and hours associated with preparation ofthe amended plan and budget.
As far as the Illinois EPA is concerned, the Professional Geologist is duplicating the efforts
of the Professional Engineer, the Environmental Specialist and the Project Coordinator are
duplicating the efforts ofthe Project Manager and the Remediation ProjectManager is
duplicating the efforts ofthe Project Manager.
A ProjectManager, Draftsman, Clerical
employee and Professional Engineer ought to be able to prepare the amended plan and
budget.
In addition, the Draftsman ought to be able to update/prepare five figures in an eight-
hour day.
Note:
The Illinois EPA considers the reimbursement package and budget tracking costs to be
part ofthe approved High Priority Corrective Action Plan, Budget and Completion Report
preparation costs.
The Illinois EPA has already approved sufficient monies for preparation of
the High Priority Corrective Action Plan, Budget and Completion Report.
2.
$8,780.00 for an
adjustment in the personnel costs.
Costs for investigative activities and
related services or materials for developing a High Priority corrective action plan that are
unnecessary or inconsistent with generally accepted practices orunreasonable costs for
justifiable activities, materials or services are ineligible for payment from the Fund (35 Ill.
Adm. Code 732.606(cc)).
The amended High Priority Corrective Action Plan includes a summary ofthe corrective
action excavation results (in tabular and raw form), copies ofthe manifests and weight
tickets, photographs ofthe corrective action
excavation, a model of the benzene
contamination in wall sample W- 12,
five updated/new figures, a proposal for a Highway
Authority Agreement and an amended High Priority
Corrective Action Plan Budget.
The personnel and hours associated with the preparation ofthe amended plan and budget are
inconsistent with generally
acceptedpractices and unreasonable.
As far as the Illinois EPA is
concerned, the Professional Geologist is duplicating the efforts ofthe Professional Engineer,
the Environmental Specialist and the Project Coordinator are duplicating the efforts ofthe
Project Manager and the Remediation Project Manager is duplicating the efforts of the
Project Manager.
A Project Manager, Draftsman, Clerical employee and Professional
Engineer ought to be able to prepare the amended plan and budget.
In addition, the
Draftsman ought to be able to update/prepare five figures in an eight-hour day.
Note:
The Illinois
EPA considers the reimbursementpackage and budget tracking costs to be
part ofthe approved High Priority Corrective Action Plan, Budget and Completion Report
preparation costs.
The Illinois EPA has already approved sufficient monies for preparation of
the High Priority Corrective Action Plan, Budget and Completion Report.
3.
$8,780.00 for an adjustment in the personnel costs.
The Illinois EPA has determined that
these costs arenot reasonable as submitted (Section
57.7(c)(4)(C)
ofthe Act and 35 Ill. Adm.
Code 73.2.606(hh)).
One ofthe,overall goals ofthe financial review is to
assure that costs
associated with materials, activities and services are reasonable
(35
Ill.
Adrn. Code
732.505(c)).
The amended High Priority Corrective Action Plan includes a summary ofthe corrective
action excavation results (in tabular and raw form), copies ofthe manifests and weight
tickets, photographs ofthe corrective action excavation, a model ofthe benzene
contamination in wall sample W- 12, fiveupdated/new figures,.a proposal for a Highway
Authority Agreement and an amended High Priority Corrective Action Plan Budget.
The personnel and hours associated with the preparation of the amended plan
and budget are
unreasonable.
As far as the Illinois EPA is concerned, the Professional Geologist is
duplicating the efforts ofthe Professional Engineer, the Environmental Specialistand the
Project Coordinator are duplicating the efforts ofthe Project Manager and the Remediation
Project Manager is duplicating
the efforts oftheProject Manager.
A Project Manager,
Draftsman, Clerical employee and Professional Engineer ought to be able to prepare the
amended plan and budget.
In addition, the Draftsman ought to be
able to
update/prepare five
figures in an eight-hour day.
Note:
The Illinois
EPA considers the reimbursement package and budget tracking costs
to be
part of the approved High Priority Corrective Action Plan, Budget and Completion Report
preparation costs.
The Illinois EPA has already approved sufficient monies for preparation of
the High Priority Corrective Action Plan, Budget and Completion Report.
MTL:TLB:H:\Projects\Ye Olde Glass Shoppe\8a.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) 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
çxceed 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 operatorwishes
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
WestRandolph, 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
Phone: (618) 735-2411
6295
East Illinois
Highway 15
Fax: (618) 735-2907
Woodlawn, Illinois 62898-0360
E-Mail:
unitedscience@unitedscience.com
February
15, 2005
Illinois Environmental Protection Agency
Division of Legal Counsel
1021
North Grand Avenue East
Post Office Box
19276
Springfield, IL
62794-9276
Attn: John Kim
Re:
LPC#
0230105033
—
Clark Co.
Ye Olde Glass
Shoppe
802 Archer Avenue
LUST
Incident No. 990233
To Whom It May Concern:
United Science
Industries,
Inc.
(USI),
on
behalf of our client Ye Olde
Glass
Shoppe,
is
requesting
a
90-day
extension
to
the
35-day
appeal
period
in
regards
to
the
IEPA
correspondence dated January 27, 2005, which is 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
UNITED SCIENCE
INDUSTRIES
p
d~9E?J7~J,
rotectj0~
EXHIBIT
.0
.0
2
CERTIFICATE OF SERVICE
I, the undersigned attorney at law,
hereby certify that on March 4, 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 a U.S.
mail drop box located within Springfeld, Illinois,
with sufficient
First Class Mail postage affixed thereto, upon the following named persons:
Dorothy M. 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,
.Kim
Assistant Counsel
Special Assistant Attorney General
Division ofLegal
Cpunsel
1021 North Grand Avenue, East
P.O. Box
19276
Springfield, Illinois
62794-9276
217/782-5544
217/782-9143 (TDD)
