BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE

OF ILLINOIS

Stoller International, Inc.,

V.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Dorothy M. Gunn,

Clerk

illinois Pollution Control Board

James R. Thompson Center

100 WestRandolph Street

Suite 11-500

Chicago, IL 60601

Petitioner,

Respondent.

)

RECE&VED

CLERK’S OFFICE

APR 26

2005

STATE OF

ILLINOIS

Pollution Control Board

)

)

PCBNo.05-

(LUST Appeal

—

Ninety Day Extension)

)

)

)

NOTICE

Douglas E. Liniger, L.P.G., Project Coordinator

Andrews Environmental Engineering, Inc.

3535

MayflowerBlvd.

Springfield, illinois

62707

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 J. Kim

Assistant Co

Special Assistant

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: April 22, 2005

---

ED

BEFORE THE POLLUTION CONTROL BOARD

APR

262005

OF THE

STATE OF ILLINOIS

~ I,.~TE

OF ILLINOIQ

Pollutjo~

Control Bo~cg

Stoller International, Inc.,

)

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

Protectioii 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

July

21,

2005,

or any other date not more than

a

total of one

hundred

twenty-five

(125)

days from the date ofreceipt of the Illinois

EPA’s final decision.

In support

thereof, the

Illinois EPA respectfully states as follows:

1.

On March

17,

2005,

the

Illinois

EPA

issued

a final

decision to

the

Petitioner.

(Exhibit A)

2.

On April 14, 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 EPAjoin in requesting

that

the

Board

extend

the

thirty-five

day

period

for filing

a

petition

to

ninety

days.

Upon

information and belief the Petitioner did receive the information on March

18, 2005.

(Exhibit B)

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.

1

---

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 ENVIRONMENTALPROTECTION AGENCY,

Respondent

Jo

.

~m

Special Assistant

ey~~

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143

(TDD)

Dated: April 22, 2005

This filing submitted on recycled paper.

2

---

ANDREL~iS ErGIrEERI~•~G

HO.

269

F. 2/5

APR. 19.2005

2:52Fr1

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1027

NoRm GRAND AVENUE Esr,

P.O.

Box

19276,

S~PJNCFrELD,

ILUNOIS

62794-9276, 21

7-71

JAMES

R.

THOMPSON

CENTER,

100

WEST RANDOLPH, SUITE

11-300,

CHicAGO,

IL 60601,312-814

ROD

R.

BLACOJEVICH,

GOVERNOR

RENEE

CIFPJAr.IO,

DIRECTOR

MAR

172flQ~

Stoller International, Inc

Attn: L~mn

Stoiler

15521

East 1830NRoad

Pontiac,

I.Linois

61764

Re: LPC #1050605044

--

Livingston County

Pontiac! Stolier Internaticrnal, Inc.

15521

East 1830N Road

LUST Incident No. 980372

LUST Technical File

Dear Mr. S toiler:

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

Corrective Action Plan Budget (budget) submitted for the above-referenced incident.

budget, dated July

29,

2004, was received by the Illinois EPA on November 17, 2004

in this letter are from the Environmental Protection Act (Act)

and

35.

Illinois Adminis

Code

(35

Iii.

Adm. Code).

The budget is rejected for the reason(s) listed in Attachment A (Section 57.7(c)(4) of

35

Iii. Adm

Code 732.405(c)

and 732.503(b)).

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

ofthis letter.

An underground storage tank system owner or operator may appeal this decision to

th

Pollution Control Board.

Appeal rights are attached.

EXHIBIT

j

W.

Ilarrisort

Si..,

De~Pl~no~,

IL 600

r~iry

St.,

Peoria.

IL

61614— (309)6

123

South

First 5~reet,

Champaign,

)09

M311

Street,

ColIin~il(e,

IL 6223

(618i 993-7200

RacK~o~

—

4302 North

Main Street, Rock(ord, IL

61103

—(913)

~,

—

595 South

State,

Elgin,

IL 60123

—

(647) 6Q

~

Bupt~u

OFLAND

-

Pto~&

—

7620

N.

UniversiW St.,

Peoria, IL 61614—C

~

Spt~rCFl~LQ

—

4500

S.

Sixth

Street Rd.,

Springfield,

IL 62706— (2

MA~I0I’4

—

2309

W.

Mai

217/782-6762

.

CERTIFIED

MAIL

7qo~

~f5O

OOQ~

2-3 3 97

6326

/z58~7~’47

rioiity

This

Citations

rative

he Act and

beginning

Illinois

6

—

(847)

294-4000

3.54~3

61020—

(217) 2~3-5800

(618) 346.5 120

PCI~TE0

Or’)

RECY(L~

PAPs.~

---

RPR. 19~

~

~: 52PM

i~iDRENS~r’lGINEER

Ir’IG

HO.

268

P. 3/5

Page 2

Ifyou have any questions or need furtherassistance, please contact Lizz Schwartzkop

at

217/557-8763.

-

- -

Sincerely,

ifrHariy A. Chappel, RE.

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau ofLand

HAC:LS

Attachment:

AttachmentA

Appeal Rights

C:

Andrews Engineering

Division File

---

1~PR.19.2OO5

2:52PM

ANDRENS

ENGINEERING

NO.268

F.4i~5

Attachment A

Re:

LPC# 1050605044

—

Livingston

County

Pontiac! Stoller international, Inc.

-

15521 East 1830NRoad

LUSTIncident No. 980372

LUSTTechnical File

Citations in

this

attachment

are from

theEnvironmental Protection Act (Act)

and

35 Ii inois

Adn).inistrative Code

(35

Ill. Adm. Code).

1.

The budget includes c&sts that lack supporting documentation

(35

Iii.

Adm.

Co~Ie

732.606(gg)).

A corrective action plan budget

for a site classified as

highprio4ty

must

include, but not be limited to, an accounting ofall costs associated with the dev~elopment,

implementation,

arid

completion ofthe applicable activities (Section

57.7(c)(1)~B)of

the

Act

and

35 Iii. Adm.Code

732.405(b)).

Since there is no supporting document~tionof

costs, the IllinoisEPA

cannot

determine that costs will notbeused for activiti4.in excess

ofthose necessary to meetthe

minimum requirements ofTitle XVI

of

the

Act(~ection

57.5(a)

ofthe Act

and 35111. Adm.

Code

732.606(o)).

Thehours for

the

tasks listed appear to be excessive.

Please providejustificati n for the

number

of

hours

requested, particularly thehours requestedforTACO calculations,

modeling, illustrations, spreadsheet

and

report review

and

RE. Hours.

2.

One ofthe overall goals ofthe financialreview is to assure

that costs associate

with

materials, activities,

and

services

are

reasonable (35 Ill. Adm. Code 732.505(c)

.

The

budget includes costs that

are

not reasonable as submitted (Section 57.7(c)(4)(C1) ofthe

Act

and

35 III.Adm. Code

732.606(hh)).

Please note that additional informatiop

andlor

supporting c~ocumentationmaybeprovided to demonstrate the costs

are

reasonable.

-

Seeitem I. above.

The previousCACR denial onlyrequested calculation ofTACO

modeling to the

neare~t

(southern

)

propertyboundary

and

verification that additional institutional controls wo~ldnotbe

necessary for

this

site, Anew ?.E. Ceit

and Own~r/Operato~

Summary

would

be requi ed with

dates after the additional review. A large

report

is not required, onlythe information n eded to

verify

the off-site

property

will notbe affected by theremaining contamination or the

appropriate institutional controls if

it is affected byremaining contamination.

HAC:LS

-

---

flPR.19.2005

2:52PM

ANDREL~iSENGINEERING

NO.268

P.5/5

Appeal Rights

An

underground storage tank owner or operator may appeal this

final decisionto the I

inois

Pollution Control Board pursuant to Sections 40 and

57.7(c)(4)(D)

of theAct by filing a petition

-

for a hearing within

35

days after the date ofissuance ofthe final decision.

However,

e 35-day

periodmay be extended for a period oftime not to exceed 90 days by written notice ft

m the

owner or operator and the Illinois EPA within the initial 35-day appeal period.

Ifthe

er or

operatorwishes to receive a 90-day extension, a written request that includes a statem~ntofthe

date the final decision was received, along with a copy ofthis decision, must be sent to~

the

Illinois EPA as soon as possible.

For informationregarding the

filing ofan appeal, please contact:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

State offllinois Center

100 West Randolph, 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,

XL

62794-9276

217/782-5544

---

ANDREWS ENVIRONMENTAL ENGINEERING INC. 3535 Mayflower Blvd.,

Springlield,

Illinois

627071(217)

787-2334

April14, 2005

Illinois

Environmental Protection Agency

Division of Legal Counsel

1021

North

Grand Avenue

Post Office

Box 19276

Springfield,

IL

62794-9276

re:

LPC No.

1050605044— Livingston

County

Pontiac / Stoller International,

Inc.

15521

East 1830 N Road

LUST Incident No. 980372

LUST Technical File:

Dear Sir or Madam:

-

On

behalf

of

Stoller

International,

Inc.,

Andrews

Environmental

Engineering,

Inc.

is

requesting

an

extension

to the

35-day appeal

period.

The extension

is requested

to

May 17,2005..

-Our. response to-the

March

17, 2005

Illinois

Environmental Protection

Agency

(Illinois

-EPA)

is nearly

complete.-

However,

due

to

the

necessity

to

secure

appropriate

signatures,

-we

are

concerned

about

the

potential

of

the

Illinois

EPA

receiving

our

response and

request for a

second evaluation

of our previous

submittal

after the 35-day appeal period

has expired.

We

appreciate

your

cooperation

in

this

mailer.

Should

you

have

questions

or

comments, please feel free to contact me.

Sincerely,

~bugla~’E.Liniger, ~

-

ProjecfCoordinator

-

DELIkj

-

cc:

Ms. Elizabeth

Schwartzkopf,

Illinois

EPA

RECEWED

-

.

.

-~

Division of Legal Counsel

APR

18

~JJ~

-

-:

-

-

-

-

-

-

-

-:

-

Environmental

Protection

J:\98-5O6L\doc\2OO5\extens~onrequest to iEPA.doc

Made with Recyded Fiber

FP~K:(217)787-9495

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby

certify thaton

April 22, 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

Springfield, Illinois,

with sufficient

First Class Mail postage affixed thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

Douglas E. Liniger, L.P.G., Project Manager

Illinois Pollution Control Board

Andrews Environmental Engineering, Inc.

James R. Thompson Center

3535

Mayflower Blvd.

100 West Randolph Street

Springfield,

Illinois 62707

Suite 11-500

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

JohnJ.

Kim

Assistant

Coun

-- -

Special Assistant Att

ey G

ne

1

Division ofLegal Oounsel

1021 North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)