COWDEN OIL,
BEFORE
THE POLLUTION CONTROL BOARD
OF THE
STATE
OF ILLINOIS
V.
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
PCB No.
06-
)
(LUST Appeal)
)
)
NOTICE
RECEIVED
CLERK’S OFFICE
DEC
062005
STATE OF ILLINOIS
Pollution
Control Board
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago,
IL 60601
JimBowling, Project Manager
United Science Industries
PU.
Box 360
6295
East Illinois Highway
15
Woodlawn,
IL
62898-0360
office
of
the
Clerk
APPEAL PERIOD,
of
the
Pollution
copies of which
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: December 2, 2005
PLEASE
TAKE
NOTICE
that
I
have today
filed
with
the
Control Board
a
REQUEST FOR
NINETY DAY
EX1l
NSION
OF
are herewith served upon
you.
Respectfully
submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
AssiMant Counsel
BEFORE THE POLLUTION CONTROL
BOARD
OF THE STATE OF ILLINOIS
DEC
062005
STATE OF ILLS
COWDEN OIL,
..
POllution Controi~
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, Joim
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 of the
thirty-five
(35) day period for petitioning for a
hearing to
March
24,
2006,
or
any
other date not
more than a total of one
hundred
twenty-five
(125) days from the date of the Illinois EPA’s
final decision.
In support thereof, the Illinois EPA
respectfully states as
follows:
1.
On November
18,
2005,
the Illinois
EPA issued
a
final decision
to
the Petitioner.
(Exhibit A)
2.
On November 29,
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
sometime
on
or
after
November
20,
2005.
However,
the
certified
mail
tracking
information
indicates the
final
decision was received
on
November
19, 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.
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
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: Decembet 2~2005
This filing submitted
on
recycled paper.
2
0
~acoDq8
ILLINJOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276 —(217)
782-3397
JA’viES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH, SUITE
11-300,
CHICAGO,
IL
60601
—(312)
814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
DOUGLAS
P.
Scott,
DIRECTOR
217/782-6762
CERTIFIED MAIL
7004
2510
0001
8648
4428
NOV
18
?U~
NOV
2
Cowden Oil
Ann: Trent Buchanan
P.O. Box 245
Cowden, IL
62422
Re:
LPC#1730055005--ShelbyCounty
Cowden/Cowden Oil
Elm &
Grand Ave.
LUST Incident No. 20001358
LUST Technical File
Dear Mr. Buchanan:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the amended
High
Priority Corrective Action Plan (plan) submitted for the above-referenced incident.
This plan,
dated July
19,
2005, was received by the Illinois EPA on July 20,
2005.
Citations
in this letter
are from the Environmental
Protection Act (Act) and
35
Illinois Administrative Code (35 Ill.
Adm.
Code).
Pursuant to
Section 57.7(c)(4)(D) of the Act and
35
Ill. Adm.
Code 732.405(c), the plan is
rejected for the reasons listed in
Attachment A.
Pursuant to
Sections 57.7(a)(1)
arid 57.7(c)(4)(D) ofthe Act and
35
III. Adm.
Code 732.405(e)
and 732.503(b), the associated budget
is rejected for the reasons listed in
Attachment B.
-.
Pursuant to
35
Ill. Adm.
Code 732.401, the Illinois EPA requires submittal ofa revised plan, and
budget if applicable, within 90 days ofthe date ofthis letter 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
RocKroRD —4302
North Main
Street, Rockford,
IL 61103 —(815)
.
Harrison
St.,
Des Plaines,
IL 60016— (847)
294—4000
ELGIN —595
South
State,
Elgin,
II, 60123— (847)60
Irsity
St.,
Peoria,
IL 61614— (309) 693-5463
BUREAU
OF
LAND.
PEORIA —7620 N.
University St.,
Peoria, II 61614—
25
South
First Street,
Champaign,
IL
61820— (217) 278—5800
SPRINGFIELD —45005. Sixth Street Rd., Springfield, II 62706—12
IS
Mall
Street,
Collinsville,
IL
62234—16181346—5120
MARION
—2309W. Mail
‘18)993-7200
Page 2
Please submit all correspondence in duplicate and include
the Re: block shown at the beginning
of this letter.
An underground storage tank system
owner or operatormay appeal
this decision to the Illinois
Pollution Control Board.
Appeal rights are attached.
If you have any questions or need ifirther information, please contact Jason Donnelly at (217)
557-8764.
Sincerely,
HariyA. Chappel,P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
-
HAC:JD\001 358-anthpcap&bud#3.doc
Attachments:
A
B
Appeal Rights
C:
United Science Industries, Jim Bowling
Division File
Attachment A
Re:
LPC
#
1730055005
--Shelby County
Cowden/Cowden Oil
Elm
& Grand Ave.
LUST Incident No. 20001358
LUST Technical File
Citations in
this attachment are from the Environmental
Protection Act
(Act)
and 35
Illinois
Administrative Code
(35 III. Adm.
Code).
Pursuant
to 35
III. Adm.
Code 732.404(b), the owner or operator ofa site certified as
High Priority by a Licensed Professional Engineer or Licensed Professional Geologist
and
approved as such by
the Illinois EPA orreclassified as High Priority by the Illinois
EPA pursuant to 35
III. Adm. Code 732.403(g) shall develop a corrective action plan
based on site conditions and designed to achieve the following as applicable at the
site:
a.
After complete performance ofthe corrective action plan, applicable indicator
contaminants identified in the groundwater investigation are not present
in
groundwater, as a result ofthe underground storage tank release, in
concentrations
exceeding the remediation objectives referenced in 35
Ill. Adm. Code 732.408 at
the property boundary line or 200 feet from the underground
storage tank system,
whichever is
less;
b.
After complete performance ofthe corrective action plan, Class III special
resource groundwater quality standards for Class
III special resource groundwater
within 200 feet of the underground storage tank system are not exceeded as a
result ofthe underground storage tank release for any indicator contaminant
identified in the groundwater investigation;
c.
After complete performance ofthe corrective action plan, remediation
of
contamination in natural or man-made exposure pathways as a result ofthe
underground
storage tank release has been conducted in accordance with 35411.
Adm.
Code 742;
d.
Threats to
potable water
supplies are reinediated; and
e.
Threats
to bodies of surface water are remediated.
The plan fails to meet the above requirements, and, therefore,
the requirements of Section
57.7(c)(l)(C) ofthe Act.
Page
2
2.
Pursuant to 35
111.
Adm.
Code 732.404(a), the owner or operator ofa site that has been
certified by
a
Licensed Professional Engineer or Licensed Professional Geologist as a
High Priority site and
approved as such by the Illinois
EPA shall develop a corrective
action plan and
perform corrective action in accordance with the requirements of 35
III.
Adm.
Code 732.404.
The purpose of the corrective action plan shall be to remediate or
eliminate each of the criteria set forth in 35 Ill.
Adm.
Code 732.404(b) that caused the
site
to
be classified as High Priority.
The plan fails to meet the above requirements for the following reason(s):
A)
From the information submitted to date, the Illinois EPA cannot determine if the soil
beneath the building will meet Tier 1/Class II Remediation Objectives. Without the
above information, it cannot be determined if the proposed excavation will
adequately
remediate
all contaminated soils to below Tier 1/Class II Remediation Objectives.
Therefore, before a High Priority Corrective Action Plan (HPCAP) proposing
excavation of contaminated soils
will be approved,
ifirther investigation
is being
required to determine if contamination soils extend beneath the building. Please note
this must be determined since institutional controls and use restrictions are not wanted
on the property.
B)
In addition, how will the contamination around and beneath the canopy footings be
addressed? Please note a HPCAP must address all criteria that made the site high
priority.
C)
Further, why is the area to the north ofthe building being excavated forsecond time?
From the information submitted to
date, it appears this area was excavated during
UST removal and clean backfill
soils were placed back in the excavation. Please note
for reimbursementpurposes, the Illinois EPA will not pay for an area to be excavated
twice.
-
-
-
D)
The HPCAP states bench scale treatability testing
will be performed on the soil
excavation samples. Why
is this required for soil
confirmation samples?
HAC:JD\00I 358-am.hpcap&bud#3.A
—
‘a
Attachment B
Re:
LPC
#
1730055005
--
Shelby County
Cowden/Cowden Oil
-
Elm & Grand Ave.
-
LUST Incident No.
20001358
LUST Technical File
Citations in this
attachment are from the Environmental Protection Act (Act)-and 35 Illinois
Administrative Code (35
III. Adm. Code).
Pursuant
to
Sections 57.7(a) and
57.7(c)(4)
of the Act
and 35 Ill. Adm. Code 732.405 and
732.503(b),
the associated budget is rejected for the following reason:
A full financial review shall
consist ofa detailed review of the costs associated
with each
element necessary to
accomplish the goals ofthe plan as required pursuant to the Act and
regulations.
Items to be reviewed shall include, but not be limited to, costs associated
with
any materials, activities, or services that are included in the budget plan.
The overall
goal of the financial review shall be to assure that costs associated with materials,
activities, and services shall be reasonable, shall be consistent with the associated
technical plan, shall be incurred in the performance of corrective action activities, and
shall not
be used for corrective action
activities in
excess of those necessary to meet the
minimum requirements ofthe Act and regulations (Section
57.7(c)(4)(C)
ofthe Act and
35 Ill. Adm.
Code 732.505(c)).
-
Without an approvable plan, theproposed budget cannot be fully reviewed.
2.
In addition, the budget includes costs that lack supporting documentation
(35 Ill. Adm.
Code 732.606(gg)).
A corrective action plan budget for a site classified as high priority
must include,
but not be limited to, an accounting of all
costs associated with the
development,implementation, and completion ofthe applicable activities (Section
57.7(c)(,1)(B) ofthe Act and
35 Ill. Adm. Code 732.405(b)).
Since there is no supporting
documentation of costs, the Illinoi~EPA cannot determine that costs
will not be used for
activities in excess of those necessary to meet the minimum requirements ofTitle XVI of
theAct
(Section
57.5(a)
ofthe Act and 35
Ill. Adm. Code
732.606(o)).
.
-
A)
The Illinois EPA is requiring detailed breakdowns ofall proposed personnel hours.
B)
The Illinois
EPA is requiring detailed breakdowns ofall proposed hotel room and per
diem days/costs.
C)
The Illinois EPA is requiring a detailed breakdown Ofthe proposed concrete and
asphalt replacement costs.
HAC:JD\OOl 358-am.hpcap&bud#3.B
a
•
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 ofissuance ofthe 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.
If the 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 of this 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 of an 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
United
Science
Industries.
1n
PC
Box
36
6295
East
IL Highway
Woodlawn.
IL 6289
toN
free 800.372.874’
phone
618.735.241
fax
6
8.735.290
www. unifedscience.
corn
November 29,
2005
Illinois
Environmental
Protection Agency
Division of Legal Counsel
1021
North Grand
Avenue
East
Post
Office Box
19276
Springfield,
IL 62792-9276
Atm:
John
Kim
Re:
LPC
#
1730055005— Shelby County
Cowden/Cowden Oil
Elm & Grand Ave.
LUST Incident No. 20001358
LUST Technical
File
Mr. Kim:
United
Science Industries,
Inc.
(USI), on
behalf of our client,
Trent Buchanan,
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
mailer.
If
you
have
any
questions
or
comments
regarding
this
matter
please
contact
me
at
(618). 735-
2411
ext.
176.
Sincerely yours,
UNITED SCIENCE INDUSTRIES,
INC.
Jim
Bowling
Project Manager
Enclosures
~
“oOfl
ot Legal COUnsel
NOV3
02005
-‘
~
~-1’
OPiGtNAL
CERTIFICATE OF SERVICE
DEC
062005
I,
the
undersigned attorney at
law,
hereby certify that on ~
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 tydepositing
said
sealed envelopes in
a
U.S.
mail
drop box
located within Springfield, Illinois,
with sufficient
First Class postage affixed thereto, upon the following named persons:
Dorothy M.
Gunn, Clerk
Jim Bowling, 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,
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)
