BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
ROSIGNOL MARATHON,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 1 1-500
Chicago, IL 60601
RECEiVED
CLERKS OFFICE
MAY
10.2005
STATE OFILLINOIS
)
Pollution Control Board
)
)
PCBNo.05-
)
(LUST Appeal
—
Ninety Day Extension)
)
)
NOTICE
Beth Giacomo, 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
Joim J
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: May 6, 2005
RECEIVED
CLERK’S OFFICE
BEFORE
THE POLLUTION CONTROL
BOARD
OF THE STATE OF ILLINOIS
STATE
MAY
OF
102005-
ILLINOIS
ROSIGNOLMARATHON,
..
)
PoII~tjø~Control
Board
Petitioner,
)
v.
)
PCBNo.05- ~
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent.
)
REQUEST
FOR NINETY DAY EXTENSION
OF APPEAL PEIUOD
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 August 4,
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 March 31,
2005,
the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On April 27, 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
April 1,
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 of any
hearing that may be nôcessary 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
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: May 6, 2005.
This filing submitted on recycled paper.
2
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH G~NDAVENUE Es,sT,
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
217/782-6762
MAR 31 2flO~
ROD R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
CERTIFIED
MAIL
7002 3150 0000 1110 2061
c~ç7
Rosignol Marathon
207 West
8th
Street
Mount Carmel, IL 62863
Re:
LPC #1858575010
—
Wabash County
Mount CarmeL’Rosignol Marathon
902 Market Street
LUST Incident No. 991434
LUST Technical File
Dear Mr. Rosignol:
J
APR 01
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Completion Report for the above-referenced incident. This report was dated
December 28, 2004 and was received by the Illinois EPA on December 29, 2004. Citations in
this letter are from the Environmental Protection Act (Act) and 35 Illinois Administrative Code
(35
Ill. Adm. Code).
Pursuant to
57.7(c)(4)(D)
ofthe Act and 35 Iii. Adm. Code 732.409(c) and 732.503(b), the High
Priority Corrective Action Completion Report is rejected for the reasons listed in Attachment A.
Pursuant to 35 Ill. Adm. Code 732.401, a revised High Priority Corrective Action Completion
Report must be submitted within 120 days ofthe date ofthis letter to:
IllinoisBureau Envircnr~eiita1ofLand
-
Protection Agency
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 at the beginningof this
letter.
.
An underground storage tank system owner or operatormay appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached.
ROCEFORD
—4302 North Main Street, Rockford, IL 61103 —(81
ELCIN
—595
South State,
Elgin, IL 60123 —(8476
BUREAU OF LAND - PEORIA —
7620
N. University
St., Peoria, IL 61614
.~
SPRINGFIELD —
4500 S. Sixth
Street
Rd., Springfield, IL 62706—
MARION —
2309 W.
M
1 W. Harrison St., Des Plaines, IL 60016— (847) 294-4000
versity St., Peoria, IL 61614— (309) 693-5463
2125 South First Street, Champaign, IL 61820— (217) 278-5800
2009 MaIl Street, Collinsville, IL 62234 —(618) 346-5120
—(618) 993-7200
EXHIBIT
A
Page 2
Ifyou have any questions or need further assistance, please contact Trent Benanti at 217/524-
4649.
Sincerely,
-
Michael T. Lowder
Unit Manager
Leaking Underground Storage Tank Section.
Division ofRemediation Management
Bureau ofLand
MTL:TLB :H:\Projects\Rosignol Marathon’~Letter11 .doc
Attachments: Attachment A
Appeal Rights
C:
United Science Industries, Inc.
Division File
H
Attachment A
Re:
LPC #1858575010
—
Wabash County
Mount CarmellRosignol Marathon
902 Market Street
LUST Incident No. 991434
LUST Technical File
1.
Clay is the major component in the soil; therefore, the owner or operator should have
used a default total soil porosity of0.36
cm3! cm350~~in
the Equation R26 calculations.
2.
The owner or operatorhas not provided justification for the site-specific gradient used in
the Equation R26 calculatiOns. The owner or operator shall providejustification for the
site-specific gradient.
3.
The owner or operatorhas not provided justification forthe site-specific source width
perpendicular to groundwater flow direction in the vertical plane (Sd ) used in the
Equation R26 calculations. The owner or operator,shall providejustification for the site-
specific Sd oruse a default Sd of200 cm.
Note: Site-specific determination of Sd requires nested groundwater monitoring wells.
4.
The High Priority Corrective Action Completion Report does not include Equation R26
calculation sheets for benzene for groundwater samples MW-2, MW-4 and MW-i 1 or
soil sample BH-3B. The owner or operator shall provide Equation R26 calculation sheets
for benzene for groundwater samples MW-2, MW-4 and MW-il and soil sample BH-3B.
5.
The High Priority Corrective Action Completion Report does not include Equation R26
calculation sheets for ethyl ben.zene for sample MW-3. The owner or operator shall
provide Equation R26 calculation sheets for ethyl benzene for sample MW-3.
6.
The High Priority Corrective Action Completion Report does not include Equation S17
‘
calculation sheets for sOil samples SS-2,.BR-3B, W-7 orF-4. The owner or operator
shall provide Equation S17 calculation sheets for soil samples SS-2, BH-3B, W-7 or F-4.
7.
The concentrations ofbenzene in soil samples BH-3B and W-7 exceed the Tier 1
remediation objectives for the soil component of the groundwater ingestion exposure
route; therefore, the owner or operator should have obtained a Highway Authority
Agreement for Market Street. The owner or operator shall obtain a Highway Authority
Agreement for Market Street.
8.
The owner or operator has not collected sufficient groundwater elevation data to
determine whether the groundwater consistently flows to the southwest; therefore, the
distance to compliance (X in Equation R26) shall be measured in all directions.
9.
The High Priority Corrective Action Completion Report includes a proposal to notify
property owners potentially affected by the migration ofcontaminants through the
- -
groundwater; however, the proposal does not include the City ofMount Carmel, owner of
Market Street. The owner or operator shall notify all potentially affected property
owners includingthe City ofMount Cannel.
MTL:TLB :HAProjects\.Rosignol Marathon\1 1 a.doc
.
I
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 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 ofthe
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 of an 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 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
H
www. u n tedscience. corn
United Science Industries, Inc.
P0. Box 360
6295 East IL Highway IS
Woodlawn, IL 62898
tolL
free 800.372.8740
phone
618.735.241 1
-
fax 618.735.2907
April 27, 2005
Illinois Environmental Protection Agency
Division of Legal Counsel
1021
North Grand Avenue East
Springfield, IL 62792-9276
Re:
LPC#
1858575010--Wabash Co.
Mount Carmel/Rosignol Marathon
902 Market Street
LUST Incident No. 991434
ATTN: John Kim
Dear Mr. Kim,
C~
!.
- —
~
~.Jcj!jnSe!
E~
vironrn
United Science Industries, Inc. (USI), on behalf of our client, Rosignol Marathon
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.
&iL 2z;~~
Beth Giacomo
Project Manager
Enclosures
EXHIBIT
CERTIFICATE OF SERVICE
- -
I, the undersigned attorney at law, hereby certify that on May 6, 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
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 PROTECTION AGENCY,
Respondent
Joh~~(~r~
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)
