BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
OF APPEAL PERIOD

RECE~V~D

MAY 0 9 2005
RECEiVED

LARRY’S AUTOMOTIVE SERVICE,

Petitioner,

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

Respondent.

Beth Giacomo, Project Manager

United Science Industries

P.O. Box 360

6295

East Illinois Highway 15

Woodlawn, IL 62898-0360

JUN

2O~5

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

Jo~~T~

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: June 8, 2005

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

RECE~VED

CLERK’S OFFICE

)

STATE OF ILLINOIS

PCB No.

05-

Pollution Control Board

(LUST Appeal

—

Ninety Day Extension)

NOTICE

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

LARRY’S AUTOMOTIVE SERVICE,

)

Petitioner,

)

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 Ill. Adm. Code 105.208, hereby requests that the Illinois Pollution

Control Board (“Board”) grant an extension ofthe thirty-five (35) day period for petitionirg for a

hearing to September 12, 2005, or any other date not more than a total of one hundred twenty-

five

(125)

days from the date ofservice ofthe Illinois EPA’s final decision. In support thereof,

the Illinois EPA respectfully states as follows:

On May 9,

2005,

the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

On June 1, 2005, the Petitioner made a written request to the Illinois EPA for an

extension oftime by which to file a petition forreview, 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

May 10, 2005. (Exhibit B)

RECE~V~D

CLERK’S OFFICE

JUN 102005

STATE OF ILliNOIS

PCB No. 05- ~

oe~ pollution ContrOl Board

(LUST Appeal

—

Ninety Day Extension)

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 f6r a ninety-day extension of

the thirty-five day period forpetitioning for a hearing.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

Jo’tilILKii

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: June 8, 2005

This filing submitted on recycled paper.

217/782-6762

MAY 0 9 2005

~CEIV~L~

~MAY~10 REC’fl

BY:

_~_—__

70023150 00~U 110& 4169

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021

NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276, 217-782-3397

JAMES R. THOMPSON CENTER, 100

WEST

RANDOLPH,

SurrE 11-300, CHICAGO,

IL 60601, 312-814-6026

ROD

BLAGOJEVICH, GOVERNOR

RENEE CIPRIANO, DIRECTOR

CERTIFIED MAIL

_______—

Larry’s Automotive Servio

Attn: Larry Reulecke

404 Saint Louis Road

Collinsville, Illinois •6223

Re:

LPC 1194285100 — Madison County

Collinsville/Lariy’s Automotive Service

404 Saint Louis Road

LUST Incident No. 991015

LUST Technical File

Dear Mr. Reulecke:

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

Action Completion ReportS (report) for the above-referenced incident. The report was dated March 8, 2005

and was received by the Illinois EPA on March 11, 2005. 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 report is

rejected for the reasons listed in AttachmentA.

An underground storage tank system owner or operator may appeal this decisionto the Illinois Pollution

Control Board. Appeal rights are attached.

If you have any questions or need further assistance, please contact Sam Hale at 217/782-6761.

Sincerely,

Clifford L. Wheeler

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau ofLand

CLW:SH:mls\0524294oc

Attachment:

Attachment A

Appeal Rights

United Science Industries

Division File

R0cEF0R0 —4302

North

Main

Street, Rockford,

IL 61103 —(815) 9

ELGIN

—

595 South State, Elgin, IL 60123—

(847)

608-

BUREAU OF LAND

PEORIA

—

7620 N. University St.,

Peoria,

IL 61614

—

SPRINCFIELD —4500 S. Sixth Street Rd., Springfield, IL

62706—

~21

MARION

—

2309 W. Main

• EX~HBFr

.V. Harrison St., Des Plaines, IL

60016 —(847)

294-4000

rsity St., Peoria, IL

61 614-. (309) 693.5463

125 South First Street, Champaign, IL 61820 —(217) 278-5800

09 MalI Street, ColIinsvilIe, IL 62234 —(618) 346-5120

618) 993-7200

AttachmentA

Re:

LPC 1194285100 --Madison County

Co11insvi11efLarry~sAutomotiveService

• 404 Saint Louis Road

LUST Incident No. 991015

LUST Technical File

Citations in this attachment are from the Environmental Protection Act (A-ct) and

35 Illinois

Administrative Code

(35

III. Adm. Code).

Pursuant

to 35 Iii. Adm. Code 732.409(a)(2)(B), a High Priority corrective action

completion report shall include, but not be limited to, a narrative and timetable describing

the implementation and completion ofall elements ofthe corrective action plan and the

proc&Iures used for the collection and analysis ofsamples, soil borings logs, actual

analytical results, laboratory certification, site maps, well logs, and any other information

or documentation relied upon by the Licensed Professional Engineer in reaching the

conclusion that the requirements ofthe Act and regulations have been satisfied and, that

no further remediation is required at the site. A High Priority corrective action

completion report shall demonstrate the following:

For sites submitting a Site Classification Completion Report pursuant

Iii.

Adrn. Code 732.312 (Classification by Exposure Pathway Exlusion), the

concentrations ofapplicable indicator contaminants meet the remediation

objectives developed under 35 Iii. Adm. Code 732.408 for any

applicable

exposure route not excluded from further consideration under

ifi.

Adm.

Code

732.312.

The report fails to meet the above requirements, and, therefore, the requirements of

Section 57.7(c)(1)(E) ofthe Act, for the following reason(s):

•

The Report did not provide an applicable and’actionablc CityGroundwaterOrdinance

•

and/or any other effective remedy in order to validate compliance, in accordance with the

measures presented in the Site Classification, subsequent investigation, and Part 732.

SH:mls\05242l0.doc

Appeal Rights

An underground storage tank owner or operator may appeal this final decision to the Illinois

Pollution Control Board pursuant

Sections

and 57~.7(cX4)(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 maybe extended

for

a period

time 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 writtenrequest 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

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 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.

SH/mls/052429.doc

United Science Industries, Inc.

PD. Box 360

6295 East IL Highway 15

Woodlawn, IL 62898

toll free 800372.8740

phone 618.735.241 I

fax 618.735.2907

www. unitedscience.corn

RECEiVED

Division of Legal Counsel

Junel,2005

JUN062005

Environmental

Protection

Illinois Environmental Protection Agency

Division of Legal Counsel

1021

North

Grand Avenue East

Springfield, IL 62792-9276

Re:

LPC# 1194285100--Madison Co.

Coilinsvil le/Larry’s Automotive Service

404 Saint Louis Street

LUST Incident No. 991015

ATTN: John Kim

Dear

Mr.

Kim,

United Science Industries, Inc. (USI), on behalf of

OLI~

client, Larry’s Automotive

Service, is requesting a 90-day extension to the 35-day appeal period in regards

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.

Beth

&a)

Giacomo

Project Manager

Enclosures

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on June 8, 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,

Res

ent

L ‘

‘

John .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)