BEFORE THE

POLLUTION

CONTROL BOARD

GATEWAY

FS. INC.,

V.

OF THE

STATE

OF

ILLINOIS

Petitioner,

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Dorothy M. Gunn,

Clerk

Illinois Pollution Control

Board

James R. Thompson

Center

100

West Randolph Street

Respondent.

PCB No. O6-1~

RECEIVED

CLERK’S OFFICE

NOV 14

2005

STATE OF IWNOIS

(LUST Appeal

—

Nine~qUW’q!kQOflttei~BOard

NOTICE

Kenneth

D. Olson

PSC

Environmental Services

210

West Sand Bank Road

Columbia,

IL

62236

Suite

11-500

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.

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)

John J. ts.im

Dated:

November 10, 2005

---

GATEWAY

FS, INC.,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

2.

On

November

4,

2005,

the

Petitioner made

a written

request

to

the

for

an

extension

of

time

by

which

to

file a petition

for review,

asking the

Illinois

requesting

that

the

Board

extend

the

thirty-five

day

period

for

filing

a petition

to

The Petitioner represented that the final

decision was received on October 29, 2005.

3.

The

additional time

requested by the parties may eliminate the need

in

this matter or,

in

the

alternative,

allow the parties

to

identify issues

and

limit the

hearing that may be necessary to resolve this matter.

Illinois

EPA

EPA join

in

ninety

days.

(Exhibit

B)

for a hearing

scope

of any

BEFORE

THE POLLUTION

CONTROL

BOARD

~rCEIVED

OF THE

STATE OF ILLINOIS

ERgc~

OFFICE

NOV 14

2005

Petitioner,

)

PCB No.

oo’7~

~

(LUST Appeal

—

Ninety Day Extension)

Respondent.

)

REOUEST FOR NINETY DAY EXTENSION

OF APPEAL

PERIOD

NOW

COMES

the

Respondent,

the

Illinois

Environniental

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)(l)

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

of the thirty-five

(35)

day period

for petitioning

for a

hearing to

March

3,

2006,

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

October

27,

2005,

the

Illinois

EPA issued

a

final

decision

to

the

Petitioner.

(Exhibit

A)

---

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,

ILLNOIS

ENVIRONMENTAL PROTECTION

AGENCY,

Respondent

John J.~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: November

10,

2005

This

filing submitted

on

recycled

paper.

7

---

-

II

‘P4

05

16:45

v-tx

618

28L

7u20

~lllI.IP

SERVICES

~OO3

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

‘4c~~FI

GRAND AVENUE

EAst,

P.O. Box

1 9276,

S~RINcnELo, Lu~oIs

62794-9276

—(217) 782-3397

l~.’ts

R.

-~OVPSON

CNTER,

100

WEST

RANucxPk,,

SUITE

11-300,

CHIcAGo,

IL

60601

312)814-6026

Roy

R.

BLAC0IEVICH,

GOvERNoR

DOUGLAS

P.

Scour,

DIRECToR

OCT 27

Gateway

FS,

Inc.

Attention:

Mr.

Greg Birchler

363

I

Old State

Route

3

Red Bud,

Illinois

62778

7004

2510

0001

8~k8 251k

Re:

LPC

#1330055033

—

Monroe County

Columbia / Gateway FS, Inc.

219 N.

Rapp

St.

LUST

Incident No.

20000566, 20001052, and 20001169

LUST Technical File

Dear Mr.

Birchler:

The Illinois Environmental Protection Agency (Illinois EPA)

has reviewed the High Priority

Corrective Action Plan Budget (budget)

submitted for the above-referenced

incident.

This

budget, dated June 29,

2005, was received by the Illinois EPA on June 30, 2005.

This budget

had previously been

denied per an Illinois

EPA

letter dated August

15,

2005,

it

is

being re-

reviewed based upon additional information provided

in a letter dated September

13, 2005

and

received by

the Illinois EPA on

September

16,

2005.

Citations in this letter

are

from

the

Environmental Protection

Act (Act) and

35

Illinois Administrative

Code (35

III.

Adm. Code).

The budget

732.405(c).

in

Section

1

accordance

by Sections

732 .606(s),

is modified pursuant

to Section

57.7(c)(4) of the

Act and 35

III.

Mm.

Code

Based on the modifications listed in Section 2 of Attachment A, the

amounts listed

of Attachment A are approved.

Please note that the costs must be incurred in

with

the approved plan.

Be aware that the amount of reimbursement maybe limited

57.8(e), 57.8(g)

and 57.8(d) of the

Act, as well as

35

II). Adrn.

Code 732.604,

and

732.611.

All

future correspondence must be submitted to:

Illinois

Environmental Protection Agency

Bureau of Land

-

#24

Leaking Underground

Storage Tank Section

1021

North

Grand Avenue East

~

Post Office

Box

19276

Springfield, IL

62794-9276

R0cKV0RO— 4302

North Main

Street,

Rocklord,

II.

61103

(815)

ELG’”I

—

595

South State, Elgin,

IL

60123

—(847)

608-

BUREAu

oc

LANa

-

Pro~t.

—

2620

N

Liniver~pty

St.,

Peoria,

II.

61614— (3(_

SPCFIREJ

-

4500 5

Sixth

Street

Rd.,

Ssring(ield,

IL 62706—

21

M,4Ior’

—2309W.

Main

Sr,Des

Plainex,

ft

60016

-

(&4u 294.4000

II.

61614—

(309) 693-5463

61820-

217)

278-5800

—1610)

346.5120

217/782-6762

---

—

II

1)4

1)5

III:

41

PANJIN

281

1020

rIIii,~i’

s.~cicp.s

~004

Page

2

Please

submit all

correspohdence

In duplicate and include the

Re’

block shown

at the

beginning

of this

letter.

An

underground storage tan.k system

owner or operator may appeal

this decision to the Illinois

Pollution Control

Board.

Appeal

rights are attached.

If you

have any questions or need further assistance, please

contact Michael A. Heaton

at

217/524-3312.

~ncer~~

Michael

T.

Lowder

Unit Manager

waking

Underground Storage Tank

Section

Division of Remediation

Management

Bureau of Land

M’I’L:mh\000566f6.doc

Attachment:

Attachment

A

Appeal Rights

cc:

Mr. Ketmeth D. Olson

—

PSC Environmental Services

(Columbia, Illinois)

Division File

---

•

Ll~,y4.U9

_iqJ4II

i’A.t

UI1~ vu

IU~II

I’Iili..~r’ SNR

ICKS

l~005

Attachment

A

Re:

LPC

hl330055033

—

Monroe County

Columbia

/

Gateway FS,

Inc.

219

N.

Rapp

St.

LUST Incident

No

20000566

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

As a result of the

Illinois

EPA’s modification(s) in

Section

2

of this Attachment A,

the

following

amounts are approved

for High

Priority

Corrective Action:

$7,497.05

Investigation

Costs

$1,935.00

Analysis Costs

S 18,493.00

Personnel

Costs

$5,870.00

Equipment Costs

$29,162.60

Field

Purchases

and Other

Costs

$2,985.58

Handling Charges

SECTION

2

$36,497.25

for Personnel

Costs.

These costs

are:

a.

for activities

in excess of those necessary to meet the

minimum requirements of

Title

XVI of the Act (Section

57.5(a)

of the .kct) and 35111.

Adm.

Code 732

(Section

732.505(c)),.

Costs for corrective action activities and associated

materials

or services exceeding

the minimum requirements necessary

to comply

with

the Act

are not eligible for payment

from the Fund

(35

Ill.

Adm.

Code

732.606(o)).

In

addition, these costs arc not corrective action costs.

“Corrective

action”

means

an activity associated

with compliance with the

provisions of

Sections

57.6 and 57.7 of the Act (Section 57.2

of the Act and

35

Ill. Adm.

Code

732.1 @3).

One of the eligibility requirements

for accessing the Fund

is that costs

are

associated with

“corrective action.”

(Section

57.9(a)(7)

of the Act)

b.

not

reasonable as

submitted (Section 57.7(c)(4)(C) of the Act and 35

III.

Adm.

Code 732.606(hh)).

One of the overall goals of the

financial review

is

to assure

that

costs associated with

materials, activities,

and services are reasonable

(35

Ill.

Adm.

Code 732.505(c)).

Please note that additional information and/or

supporting documentation maybe provided

to demonstrate the

costs are

reasonable.

---

ii.,,,,

111

u&J

~U&

iUg•U

11111.11

~

November

4, 2005

Project 62401550

Illinois Environmental Protection Agcncy

Division ofLegal Counsel, Attention: John

Kim

1021

North Grand Avenue East

Post Office

Box

19276

Springfield, IL

62794-9276

Dear Sir:

Subject:

LPC#1330055033

—

Monroe County

Columbia / Gateway

FS, Inc.

219

.N.

Rapp St.

LUST

Incident No. 20000566/29001052/20001 169

On behalfof Gateway ES,

Inc., PSC Environmental

Services (PSC) is providing this request

for obtaining an extension to appeal the decision for the subject site provided in

the IEPA’s

letter dated October 27, 2005, and received on or around October 29, 2005.

PSC understands the IEPA will

take

the proper actions with the Illinois Pollution Control

Board (IPCB) to obtain an extension of 125-days from October 29, 2005, in which, Gateway

FS,

Inc. will have the right to file an appeal.

A copy ofthe JEPA’s decision in question is attached.

Ifyou have questions regarding this request, please call me at (618) 281-1548.

Sincerely yours,

PSC

NV~RONMNTAL SERVICES

Kenneth D. Olson, E.I,T., IL RPG

196-000944

Project Manager

KDOIIEPA.,Appeai

cc:

Mr.

Greg Birchler (Gateway ES, Inc.

—

3631 Old State Route 3, Red Bud, IL 62278)

p6l8-282-3454 /

f618-282-3428

flBIT

---

CERTIFICATE

OF SERVICE

I,

the

undersigned

attorney

at

law,

hereby certify

that

on

November

10,

2005,

1

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

Kenneth D.

Olson

Illinois Pollution Control Board

PSC Environmental

Services

James R.

Thompson Center

210 West Sand

Bank Road

100 \Vest Randolph Street

Columbia,

IL

62236

Suite

11-500

Chicago,

IL 60601

John J.

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)

PROTECTION AGENCY,