RECEIVED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
tm
n
OF THE STATE
OF ILLINOIS
u
22005
STATE OF ILLINOIS
RAMSEY
C.U.S.D. #204,
)
Pollution
Control
Board
Petitioner,
)
v.
)
PCB No.
06-
S
ILLINOIS
ENVIRONMENTAL
)
(LUST Appeal
-
Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent.
)
NOTICE
Dorothy M. Gunn, Clerk
Sallie Minks, 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
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.
Respectfiully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respo
J&C
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:
September
1,
2005
RECEIVED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL
BOARD
crp
022005
OF THE STATE
OF ILLINOIS
STATE OF ILLINOIS
RAMSEY
C.U.S.D. #204,
)
Pollution Control Board
Petitioner,
)
v.
)
PCB No. 06-
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 S.
Kim,
Assistant
Counsel
and
Special
Assistant
Attorney
General,
and,
pursuant
to
Section
40(a)(1)
of the
Illinois
Environmental Protection
Act
(415
ILCS
5140(a)(l))
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 December
8,
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
August
3,
2005,
the
Illinois
EPA
issued
a
final
decision
to
the Petitioner.
(Exhibit A)
2.
On August 30,
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
Petitioner’s
request
included
information
that
represented
that
the
final
decision
was
received on August
5,
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 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
JCKii
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: September
1, 2005
This filing submitted on recycled paper.
2
ILLINOIS
ENVIRONMENTAL
PROtECTION
AGENCY
1021
NORTH GRAND AVENUE
EAST,
P.O.
Box
1 9276,
SPRINGFIELD,
ILLINOIS
62794-9276 —(217) 782-3397
JfrMES
R.
THOMPSON CENTER,
100 WEST
RANDOLPH,
SUITE
11-300,
CHIcAGo,
IL 60601
—(312)814.6026
Roo
R.
BLAGOJEVICH,
GOVERNOR
DOUGLAS
P
SCOTT,
DIRECTOR
217/782-6762
.
;.
:.:~
•....
CERTIFIED MAIL
Au6032008
~rrr
7004 2510 0001 8647 3712
Ramsey C.U.S.D..#204
~
Attn: Lauma Casey
416 West
6*1)
Ramsey, IL
62080
Re:
LPC #0510205008 --Fayette County
Ramsey! Ramsey C.U.S.D. #204
716 Westóth
LUST Incident No. 941601
LUST Technical File
Dear Ms.
Casey:
TheIllinois Environmental Protection Agency
(Illinois EPA) has reviewed the Site Classification
Completion Report (report)
submitted for the above-referenced incident.
This report, dated May
19, 2005, was received by the Illinois EPA on May 31, 2005.
Citations in this letter are from the
Environmental Proteátion Act (Act) and 35 Illinois Administrative
Code (35 III. Adm. Code).
The Site Classification Completion Report is rejected for the reason(s) listed
in Attachment A
(Section 57.7(b)(l) of the Act;
35111. Adm. Code 732.309(b) or 732.312(j) and 732.503(b)).
Pursuant to 35
Ill. Adm. Code 732.301,
a Site Classification Completion Report must be
submitted within 90 days ofthe date of this letterto:
Illinois Environmental Protection Agency
Bureau of Land
-
#24
Leaking Underground Storage Tank Section
1021
North Grand Avenue East
PostOffice Box
19276
Springfield, IL
62794-9276
Please submit all correspondence in duplicate and include the Re: block shown at thebeginning
ofthis letter.
Anunderground storage tank system owner or operator mayappeal this decision to the Illinois
Pollution Control BOard.
Appeal rights
are attached.
.
.
ROCKFORD
—4302
North
Mai,1 Street,
Rocklord,
IL
61103— (315) 987-7760
•
Ors
PLAINIS —9511
W. Harrison
St.,
Oes
names,
IL
60016
—(847) 294-4000
ELGIN
—595
South State, Elgin,
IL
60123—
(847)608-3131
•
PEoRIA
—5415 N.
University
St.,
Peoria,
IL 61614—309) 693-5463
BuREAU
or
LAND
-
PEoRiA
—7620 N. University St.,
Peoria,
IL 61614—1309) 693-5462
•
CHM,PMCN —2125
South
First Street, Champaign,
IL
61820—
(217) 278.5800
SPRINGFIELD
—45005. Sixth
Street
Rd.,
Springfield,
IL
62706—
‘.009
MalI Street, Collinsville,
IL
62234—4618) 346-5120
(&1
8) 993-7200
Page 2
Ifyou have any questions or need further assistance, please contact Jason Donnelly at (217)
557-
8764.
Sincerely,
CAfr4~Zet~
Harry A. Chappel, P.E.
Unit Manager
Leaking Underground StorageTank
Section
Division of Remediation Management
Bureau ofLand
HAC:JD\941 60l-sccr.den
Attachments:
A
Appeal
Rights
c:
United Science Industries, Inc.,
Sallie Minks
Division File
Attachment A
Re:
LPC #0510205008
L. Fayette County
Ramsey/RamseyC.U.S.D. #204
716 West 6th
LUST Incident No. 941601
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act) and 3-5-IHinois
Administrative
Code (35 III. Adm.
Code).
The
report indicates that the sitehas been classified as High Priority.
Sites shall be
classified
as High
Priorityif any ofthe followingcriteria are satisfied
(35
III. Adm.
Code
732.304):
a.
The physical soil classification and groundwater investigation procedures confirm
the following:
i.
The groundwater quality standard or groundwater objective for any
applicable indicator contaminant has been exceeded at the property
boundary line or 200 feet from theUST system, whichever is less; and
ii.
Berg Circular
A.
The site is located in an area designated Al, A2, A3, A4, AS, AX,
BI, B2, BX, Cl, C2,
C3,
C4, or CS on the Illinois State Geological
Survey Circular (1984) entitled
“Potential for Contamination of
Shallow Aquifers in Illinois”; and
B.
The site’s actual physical soil conditions are verified as consistent
with those designated Al,
A2, A3, A4, AS, AX, B!, B2, BX, Cl,
C2, C3,
C4, or C5 on the Illinois State Geological
Survey Circular
(1984) entitled “Potential for Contamination ofShallow Aquifers
in Illinois”; or
iii.
The site soil characteristics do not satis& the criteria of3S Ill. Adm. Code
732.307(d)(3);
b.
The UST system is within the minimum or maximum setback zone ofa potable
water
supply well or regulated recharge area ofa potable water
supply well;
c.
After completion ofearly action measures, there is evidence that, through natural
and man-made pathways, migration ofpetroleum or vapors threatens human
health or human safety ormay cause explosions in basements, crawl spaces,
utility conduits, storm or sanitary sewers, vaults, or other confined spaces;
Page
2
d.
There is designated Class III special resource groundwater within 200 feet ofthe
UST system; or
e.
After completion ofearly action measures, a surface body of water is adversely
affected by the presence ofa visible sheen
or free product layer as
a result of a
release ofpetroleum.
From the information submitted
to date, none ofthe above criteria have been
satisfied; and therefore,
the site should not be classified as high priority. Please
note the groundwater quality
standard or groundwater objective for any applicable
indicator contaminant has not been exceeded at the property boundary line or 200
feet from the UST system, whichever is less.
HAC:JD\94 160!-sccr.A
Appeal
Rights
An underground storage tank owner or operator may appeal this final decision to theIllinois-
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 ofissuance ofthe final decision.
However, the 35-day
period may be extended for a period of time Pot to exOeed 90 days by written notice
from-the
owner or operator and the Illinois EPA
within the initial
3SLday appeal period.
Ifthe owner or
operator wishes to receive a 90-day extension, a written request that i:ncludesa statement of the
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 of Illinois 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-S544
fl
United Science Industries,
Inc.
P0.
Box 360
__________________
__________________
6295
East
IL Highway
5
IS1III~IiZ.~
,S~
i..’vi~ii~äJ
Woodlawn, 1L62898
/
toll
free 800372.8740
/
phone 618.73524?
I
______
fax 618.7352907
www.unitedscience.com
August 30, 2005
o,PECEIV
Illinois Environmental
Protection Agency
Of
Lega,
,.~
Division of
Legal Counsel
—
John
Kim
“OUflsei
1021
North Grand
Avenue
East
AUG ~ ~20
Springfield,
IL 62792-9276
Eflvkonm
Re:
LPC# 0510205008
—
Fayette County
Agenc
rotection
Ramsey/Ramsey CUSD #204
716 West
&‘
LUST Incident No. 941601
Dear Mr.
Kim:
United
Science
Industries,
Inc.
(USI),
on
behalf
of
our
client,
Mr.
Chuck
Stortzum,
is
requesting
a
90-day
extension
to
the
35-day
appeal
period
in
regards
to
the
Illinois
Environmental
Protection
Agency
correspondence
dated
August 3, 2005.
Copies of the correspondence
are attached.
I
appreciate
your
time
and
consideration
in
this
matter.
If
you
have
any
questions or comments concerning the
above,
please
contact
me
at
(618)
735-
2411
ext
166.
Sincerely,
UNITED SCIENCE INDUSTRIES,
INC.
allie
inks
Project Manager
Enclosures
cc:
Mr. Chuck Stortzum
EIBIT
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on
September
1, 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
Sallie Minks, 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 tl-500
Woodlawn, IL
62898-0360
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
JoThJ. 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)