BEFORE THE POLLUTION
CONTROL BOARD
OF THE STATE OF ILLINOIS
RECEIVED
CLERK’S OFFICE
DEC
062005
)
)
PCB No.
06-
)
(LUST Appeal)
)
)
NOTICE
cC
STATE OF ILLINOIS
Pollution Control Board
Dorothy M. Gunn, Clerk
Jim
Kirkland, Project Manager
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite
11-500
Chicago, IL 60601
United Science Industries
P.O.
Box 360
6295
East Illinois
Highway
15
Woodlawii,
IL
62898-0360
PLEASE
TAKE
NOTICE
that
I have
today filed
with
the
office of the
Clerk
Control
Board
a
REQIJEST
FOR NINETY DAY EXTENSION
OF
APPEAL PERIOD,
are
herewith served
upon
you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
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)
of
the
Pollution
copies of which
MARYVILLE
VOICE NEWSPAPER CO.,)
Petitioner,
V
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
Respondent
Assistant Counsel
Dated:
December
2, 2005
RECEIVED
CLERKS OFFICE
BEFORE THE POLLUTION
CONTROL BOARD
DEC
06
OF THE STATE
OF ILLINOIS
STATE OF ILLINOIS
MARYVILLE VOICE NEWSPAPER
CO.,
)
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
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
20, 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.
The
125th
day from
the
date of
service
is
March
19,
2006,
a
Sunday.
The
next business
day
is
March
20, 2006.
In
support
thereof, the Illinois EPArespectfully
states as follows:
1.
On November
10, 2005, the
Illinois
EPA issued a final decision
to
the
Petitioner.
(Exhibit A)
2.
On November
15,
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 November
14,
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 ofLegal
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
This
filing submitted on recycled
paper.
2
/3Q/O7~
~3.
r~
.
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,
SUITE
11-300.
CHICAGO,
IL 60601
—(312) 814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
DOUGLAS
P.
Scon,
DIRECTOR
217/782-6762
CERTIFIED MAIL
7004
2510
0001
8648
38B9
Nov
IO2UU~
Maryville
Voice Newspaper Co.
-
Darrell Hampsten
P.O. Box
18
Maryville, Illinois 62062
Re:
LPC #1190755022 --Madison
County
Maryville
Voice Newspaper Co.
2509
North Center Street
LUST Incident No. 20011168
LUST
Technical File
Dear Mr. Hampsten:
The Illinois Environmental
Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan Budget (budget) submitted for the above-referenced incident.
The
Illinois EPA received this budget, dated July 25, 2005, on August
11, 2005.
Citations
in this
letter are
from the Environmental Protection
Act (Act)
and 35 Illinois Administrative Code (35
Ill.
Adm. Code).
The budget is modified
pursuant
to Section 57.7(c)(4)
of
the
Act and 35
Ill. Adm.
Code
732.405(c).
Based on
the
modifications listed in
Section
2
of Attachment A,
the
amounts listed
in
Section
I
ofAttachment
A
are approved.
Please note that
the
costs must
be
incurred in
accordance with
the
approved
plan.
Be aware
that the amount
ofreimbursement may
be
limited
by Sections
57.8(e), 57.8(g)
and
57.8(d)
of
the
Act,
as
well
as 35111.
Adm. Code
732.604,
732.606(s),
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
Please submit
all
correspondence
in
duplicate and include the Re: block
shown atthe’beginning
ofthis letter.
ROCKIORD
—4302
North Main Street,
Rockford, it. 61103— (515)987-7760
•
Dts
PLAINES
—9511
W. Harrison
St.,
Des Plaines,
IL 60016—1847) 294-4000
ELGIN
—595
South State,
Elgin,
IL 60123—18471
608.3131
•
PEORIA
—5415
N.
University St.,
Peoria,
IL
61614— t309I 693-5463
BL’REAU of
LAND.
PEORIA
—7620
N.
University
St.,
Peoria,
IL
61614— (309) 693-c462
•
CHAMPAIGN
—2125
south First Street, Champaign,
CL
61820—
t21 7
278-5800
SPRINGFIELD
—45005.
Sixth Street Rd., Springfield.
IL 627
1?
—2009 MalI
Streel, CoIIinsvilIe
CL 62234 —(618)346-5120
MkRION
-~
2309
EXHIBIT
959— (618) 993-7200
L
________
Page 2
An
underground
storage tank system owner
or operator may appeal this decision tothe Illinois
Pollution Control Board.
Appeal rights are attached.
If
you have
any questions or need further assistance, please contact Brian Bauer at 217/782-3335.
Sincerely,
any A. Chappel, P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
HAC:BB\
Attachment:
Attachment A
cc:
United Science
Industries,
Inc.
Division File
Attachment A
Re:
LPC #1190755022--Madison County
Maryville Voice Newspaper Co.
2509 North Center Street
LUST Incident No. 20011168
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 ofthe Illinois EPA’s modification(s) in Section 2 of this Attachment A,
the following
amounts are approved:
$3,231.00’
Investigation Costs
$5,936.00
/
Analysis Costs
$6,242.00
/
Personnel Costs
$685.00”
Equipment Costs
$307.00-’
Field Purchases and Other Costs
$ 14.04
/
Handling Charges
SECTION 2
$960.00
for drilling charges formonitoring well replacement.
These costs are for
activities in excess ofthose necessary to meet the minimum requirements ofTitle XVI of
the Act
(Section
57.5(a)
ofthe Act) and 35 Ill. 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 are not corrective
action costs.
“Corrective action” means an
activity associated with compliance with the
provisions of Sections 57.6 and 57.7 ofthe Act (Section 57.2 ofthe Act and 35 Ill.
Adm.
Code 732.103).
One ofthe eligibility requirements for accessing the Fund is that costs
are associated with “corrective action.”
(Section 57.9(a)(7) ofthe Act)
2.
$2,074.00
for monitoring well installation materials for replacement wells.
These costs
are for activities in excess ofthose necessary to meet the minimum requirements
of
Title
XVI ofthe Act (Section 57.5(a) ofthe Act)
and 35 Ill. 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
111. Adm.
Code 732.606(o)).
In addition, these costs are
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 ofthe
Act and 35 Ill. Adm. Code 732.103).
One of the eligibility requirements for accessing
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(e)(4)(D) of the Act by filing a petition
for a hearing within 35 days after the date of issuance 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
the Fund is that costs are associated with “corrective action.”
(Section
57.9(a)(7)
ofthe
Act)
3.
$150.00 for an adjustment in
5
COD soil samples.
These costs are inconsistent with the
associated technical plan.
One ofthe
overall goals of the financial review is to assure
that costs associated with materials, activities,
and services
shall be consistent with the
associated technical plan (35 Ill. Adm. Code
732.505(c)).
4.
$300.00 for costs that lack supporting documentation (35 Ill.
Adrn. Code
732.606(gg)).
A corrective action plan budget for a site classified ashigh 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) of the
Act and 35
III. Ada Code 732.405(b)).
Since there is no supporting documentation of
costs, the Illinois EPA cannot determine that costs will not be used for activities
in excess
ofthose necessary to meet the minimum requirements ofTitle XVI ofthe Act.
(Section
57.5(a) of the Act and 35 Ill. Adm.
Code 732.606(o))
The above deduction refers to the Shelby Tube charge.
5.
$150.00 for
5
COD groundwater samples
already collected.
These costs are for activities
in excess of those necessary to meet the minimum requirements ofTitle XVI ofthe Act
(Section 57.5(a) ofthe Act) 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 are not corrective action
costs.
“Corrective action” means an activity associated with compliance with the
provisions ofSections 57.6 and 57.7 ofthe Act (Section 57.2 ofthe Act and
35
III. Adm.
Code 732.103).
One ofthe eligibility requirements for accessing the Fund is that costs
are associated with “corrective action.”
(Section
57.9(a)(7)
ofthe Act)
6.
$243.00
for 3 BETX groundwater samples already collected.
These costs are for
activities
in eXcess of those necessary to meet the minimum requirements of Title XVI of
the Act (Section 57.5(a) of the Act) and 35 Ill. 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 are not corrective
action costs.
“Correétive action” means an activity associated with compliance with the
provisions ofSections 57.6 and 57.7 ofthe Act (Section 57.2 ofthe Act and 35
Ill.
Adm.
Code 732.103).
One ofthe eligibility requirements for accessing the Fund is that costs
are associated with “corrective action.”
(Section 57.9(a)(7) ofthe Act)
7.
$405.00
for costs that lack supporting documentation (35
III. Adm. Code 732.606(gg)).
A corrective action plan budget fora site classified as high priority must include, but not
be limited to, an accounting of all costs associated with the development,
implementation, and completion of the applicable activities (Section 57.7(c)(1 )(B) ofthe
Act and
35 III. Adm. Code 732.405(b)).
Since there is no supporting documentation of
costs, the Illinois EPA cannot determine that costs will not be used for activities
in excess
ofthose necessary to meet the minimumrequirements ofTitle XVI ofthe Act.
(Section
57.5(a) ofthe Act and 35 Ill.
Adrn. Code 732.606(o))
The above deduction is for
5
BETX groundwater samples as part ofan
off-site
determination, no documentation that these samples have ever been collected has been
submitted to the Agency.
8.
$304.00 forcosts associated with the analysis for PNAs in groundwater.
Costs associated
with the analysis of laboratory samples for constituents other than applicable indicator
contaminants or groundwater objectives are ineligible for payment from the Fund (35 Iii.
Adm.
Code 732.606(r)).
These costs are for activities in excess of those necessary to
meet the minimum requirements of TitleXVI of the Act (Section
57.5(a)
ofthe Act and
35111. Adm.
Code 732.606(o)).
9.
$2,090.00
forcosts 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 ofall
costs associated with the development,
implementation, and completion of the applicable
activities (Section 57.7(c)(l)(B) ofthe
Act and 35 Ill. Adm.
Code 732.405(b)).
Since there is no supporting documentation of
costs, the Illinois EPA cannot determine that costs will not be used for activities in excess
ofthose necessary to meet the minimum requirements ofTitle XVI of the Act.
(Section
57.5(a)
ofthe Act and 35
III. Adm.
Code 732.606(o))
The above
costs are for the personnel charges relating to the July 25, 2005 re-submittal of
the budget, additional documentation is needed to justif~’
the preparation ofthis
document.
10.
$675.00 for personnel time for the preparation of the 2004 Corrective Action Plan.
These
costs are for activities in excess ofthose necessary to
meet the minimum requirements of
Title XVI ofthe Act (Section 57.5(a) ofthe Act) and
35
111. 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 tosts are
not corrective action costs.
“Corrective action” means an activity associated
with
compliance with the provisions of Sections 57.6 and 57.7 ofthe Act (Section 57.2 ofthe
Act and 35
Ill. Adm. Code 732.103).
One ofthe eligibility requirements for accessing
the Fund is that costs are associated with “corrective action.”
(Section
57.9(a)(7)
of the
Act)
In addition, these costs are inconsistent with the associated technical plan.
One of the
overall goals ofthe financial review is to assure that costs associated with materials,
activities, and services shall be consistent with the associated technical plan
(35
Iii. Adm.
Code
732.505(c)).
11.
$17,782.00 for personnel time for the preparation ofthe 2003
Corrective Action Plan.
These costs are for activities in excess ofthose necessary to meet the minimum
requirements of Title XVI ofthe Act (Section 57.5(a) ofthe Act)
and 35
Ill. Adm. Code
732 (Section 732.505(c)).
Costs forcorrective 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
III. Adm.
Code 732.606(o)).
In addition,
these costs are 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 ofthe
Act and 35111. Adm.
Code 732.103).
One ofthe eligibility
requirements
for accessing the Fund is that costs are associated with “corrective action.”
(Section 57.9(a)(7) ofthe Act)•
In addition, these costs are inconsistent with the associated technical plan.
One ofthe
overall goals of the financial review is to
assure that costs associated
with materials,
activities, and services
shall be consistent with the associated technical plan
(35
Ill. Adm.
Code 732.505(c)).
12.
$424.00 for costs that lack supporting documentation (35
111. 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 supportingdocumentation of
costs, the Illinois EPA cannot determine that costs will not be used for activities in excess
ofthose necessary to meet the minimum requirements ofTitle XVI ofthe Act.
(Section
57.5(a) of the Act and
35
Ill. Adm. Code 732.606(o))
The above costs referto the Environmental Technician that was budgeted twice.
13.
$595.00 for 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 Illinois EPA cannot determine that costs will not be used for activities in
excess
ofthose necessary to
meet the minimum requirements ofTitle XVI ofthe Act.
(Section.
57.5(a) of the Act and 35
Ill. Adm.
Code 732.606(o))
-
The above cost refers to
a math error in the total amount ofpersonnel charges.
14.
$710.00 for equipment costs related to the re-installation of monitoring wells.
These
costs are for activities in excess ofthose necessary to meet the minimum requirements of
Title XVI ofthe Act (Section 57.5(a) ofthe Act) arid 35
ifi. Adin.
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
111. Adm.
Code 732.606(o)).
In addition, these costs are
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 ofthe
Act and 35
Ill. Adm. Code
732.103).
One of the eligibility requirements for accessing
the Fund is that costs are associated with
“corrective action.”
(Section 57.9(a)(7) ofthe
Act)
15.
$105.00 for PID charges under implementation of CAP,
Photo ionization Detector
charges
were also listed.
These costs are for activities in excess ofthose necessary to
meet the minimum requirements of Title XVI ofthe Act (Section
57.5(a)
ofthe Act) and
35
Ill. 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
III. Adm.
Code
732.606(o)).
In addition, these costs are 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
35111. Adm.
Code 732.103).
One ofthe
eligibility requirements for accessing the Fund is that costs are associated with
“corrective action.”
(Section 57.9(a)(7) ofthe Act)
16.
$200.00 for an adjustment in data logger and transducer.
These costs are inconsistent
with the associated technical plan.
One ofthe overall goals of the financial review is to
assure that costs associated with materials, activities, and
services shall be consistent with
the associated technical plan (35 III. Adm.
Code
732.505(c)).
(PMlrntials):BB\
Unrted Science
Industries,
Inc
PO.Box36~
_____________________________________
6295
East
IL Highway
hit
uasa’t~i
uu.iqtbzitaninc~i)
Woodlawn,
IL 6289~
toll
free 800.372
8741
phone
618.735.241
_____
fax
6 18.735.290;
www.unitedscience.com
November 15,
2005
RECEIVED
OWision of
Legal Counsel
Illinois Environmental
Protection Agency
NOV
21
2005
Division of Legal Counsel
1021 North Grand Avenue East
Springfield,
IL 62794-9276
Environmental Protection
Agency
Attn:
John Kim
Re:
LPC#
1190755022
—
Madison County
Maryville Voice Newspaper Co.
2509 North Center Street
LUST Incident No.
20011168
LUST TECHNICAL FILE
Dear Mr.
Kim:
United
Science
Industries,
Inc.
(USI),
on
behalf of our client,
Mr.
Darrell Hampsten,
is
requesting
a
90-day
extension
of
the
35-day
appeal
period
in
regards
to
the
IEPA
correspondence of November 10, 2005
which
is attached.
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.
192.
Sincerely yours,
UNITED SCIENCE INDUSTRIES, INC.
Jim Kirkland
Project Manager
Enclosures
EXHIBIT
m
CERTIFICATE OF SERVICE
I, the undersigned
attorney at
law, hereby certify that
on
December 2,
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 postage affixed thereto, upon the following named persons:
Dorothy M. Gunn, Clerk
Jim Kirkland, Project Manager
Illinois Pollution Control
Board
United Science Industries
James R. Thompson Ccntcr
P.O.
Box
360
100 West Randolph Street
6295 East Illinois Highway
15
Suite 11-500
Woodlawn, IL
62898-0360
Chicago, IL
60601
MENTAL
PROTECTION AGENCY,
John
Assistant Counsel
Special
Assistant Attorney General
Division of Legal
Counsel
1021 North Grand Aveiiue, East
P.O.
Box
19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
ILLINOIS
ENVI
