BEFORE THE POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
OF THE STATE OF ILLINOIS
JAN
1 0 200&
STATE OF ILLINOIS
Petitioner,
)
Pollution Control Board
V .
)
ILLINOIS ENVIRONMENTAL
PCB No. 06-
1
)
(LUST Appeal
- Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE
Dorothy M . Gunn, Clerk
Edward W. Dwyer
Illinois Pollution Control Board
Hodge Dwyer Zeman
James R. Thompson Center
3150 Roland Avenue
100 West Randolph Street
P.O . Box 5776
Suite 11-500
Springfield, IL 62705-5776
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,
Respondent
John J m
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 : January 6, 2006
WARECO SERVICE, INC .,
WARECO SERVICE, INC.,
Petitioner,
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
RECEIVED
CLERK'S OFFICE
BEFORE
OF
THE
THE
POLLUTION
STATE OF ILLINOISCONTROL
BOARD
JAN 1 0 2005
Pollution
STATE OF
Control
ILLINOISBoard
PCB No . 06-
t
(LUST Appeal - Ninety Day Extension)
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 35 111
. 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 April 10, 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 . The 125
th
day from the
date of service is April 9, 2006, a Sunday, and the next business day is April 10, 2006
. In
support thereof, the Illinois EPA respectfully states as follows :
1 .
On December 5, 2005, the Illinois EPA issued a final decision to the Petitioner .
(Exhibit A)
2.
On January 4, 2006, 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 stated that the final decision was received on December 5, 2006
. (Exhibit B)
I
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 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: January 6, 2006
This filing submitted on recycled paper.
2
IF
1021 NORTH
ILLINOIS
GRAND AVENUE' EAST,
ENVIRONMENTAL
P.O. Boy,
192?6, SPRING
Ph
i
O1'ECTION
' .o,
ILLINOIS 62794-9276
AGENCY
- ( 217) 782-3397
IAMES R.
THOMPSON CEN1ER, 100 WEsr RANI,RVH, SUITE 11-300,
CHICAGO .
I
L 60601 - (312) 814-6026
ROD R .
t3LACOJEVICh, GOVERNOR
DOUGLAS P .
Scow, DIRECTOR
217/782-6762
DEC 0 5 200
Wareco Service, Inc.
Daniel Brooks
PO Box 762
Jacksonville, IL 62650
Re
:
LPC 0950205084 --
Knox Comity
Galesburg/Wareco Service, inc.
326 Monmouth Boulevard
LUST Incident No.
982928
LUST Technical File
Dear Mr
. Brooks :
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Completion Report (report) for the above-referenced incident . The report was
dated July 28, 2005
and was received by the Illinois EPA on August
10, 2005 .
Citations in this
letter are from the Environmental Protection Act (Act) and 35 Illinois Administrative Code (35
111. Adm. Code).
Pursuant to 57.7(c)(4)(D) of the Act and 35 Ill. Adm
. Code '712 .409(c) and 732 .503(b), the report
is rejected for the reasons listed in Attachment A .
DEC-13-2005
13 26
CERTIFIED MAIL
?004 2510 0001
8655 1106
_
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board
. Appeal rights arc attached .
RteInURU-43U2 North
Main
Street Rnrklnrd, II . 6110.3-1819 937-7760
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. Harrison St ., Ues Flaines, IL 60016-18471294-4000
GN-2125 South rin,t strecn, Champaign . IL 61020-(217) 270-5000
$VCiNcrIrLo-4500 S . S Jh Slrecl Rd.
. SDr;,
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EXHIBIT
MARION-210
I,- 2009 Mall Street, Collinsville, IL 62234 -
(618/ 3465120
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P .01
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Page 2
If you have any questions or need further assistance, please contact Scott Rothering at 217-785-
1858.
Sincerely,
cep„r z
cJh,
Clifford L . Wheeler
Unit Manager
Leaking Underground Storage Tank Section
Division of Re mediation Management
Bureau of Land
CLW:SRR\982928
Attachment:
Attachment A
c:
Preston Engineering, Inc
.
Division Filc
DEC-13-2005 13 :26
21? 245 0779
97i
P .
02
Re:
LPC # 0950205084 --
Knox County
Galesburg/Wareco Service, Inc
.
326 Monmouth Boulevard
LUST Incident No
. 982928
LUST TECHNICAL FILE
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code (35 ill
. Adm. Code).
1
.
Pursuant to 35 111 . Adm
. Code 732.409(a)(2)(A),
a High Priority corrective action
completion report shall include, but not be limited to, a narrative and timetable describing
the implementation and completion of all elements of the corrective action plan and the
procedures used for the collection and analysis of samples, 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 of the 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
:
a.
For sites submitting a Site Classification Completion Report pursuant to 3511) .
Adm. Code 732
.309 (Method One or Two) :
Applicable indicator contaminant groundwater objectives are not exceeded
at the property boundary line or 200 feet from the underground storage
tank system, whichever is less, as a result of the release of petroleum for
any indicator contaminant identified in the groundwater investigation
;
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 of the release of petroleum for any
indicator contaminant identified during the groundwater investigation ;
iii .
The release of petroleum does not threaten human health or human safety
due to the presence or migration, through natural or manmade pathways,
of petroleum in concentration sufficient to harm human health
or human
safety or to cause explosions
in basements, crawl spaces, utility conduits,
storm or sanitary sewers, vaults, or other confined spaces ;
iv.
The release of petroleum does not threaten any surface water body; and
v.
The release of petroleum does not threaten any potable water supply .
Attachment A
DEC-13-2005 13; 26
!7 245 0779
97%
P . 03
The report fails to meet the above requirements, and, therefore, the requirements of
Section 57.7(c)(1)(E) of the Act, .for the following reason(s) :
An offsite source was not proven
. To prove that contamination is moving onto the
property from an off site source, specific information regarding the off site source must
be provided. Included with this information should be information determining the
groundwater contamination trend . This information must prove that the contamination is
from an off site source .
The Corrective Action Completion Report uses Class 11 groundwater remediation
objectives as a remediation goal
. However, this must be a demonstrated and recognized
.
To date, Agency records do not indicate such approval has been granted .
Finally, modeling should be performed to determine the potential of migration of
contamination from the offsite source .
DEC-13-2005 13
:2?
21? 245 0779
97Z
P .
04
DEC-13-2005
13 :27
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)
of the Act by filing a petition
for a hearing within 35 days after the date of issuance of the final decision
. However, the 35-day
period may be extended for a period of 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
. If the owner or
operator wishes to receive a 90--day extension, a written request that includes a statement of the
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 of an 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 of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
217/782-5544
217 245 0779
95%
** TOTAL PAGE
.05 **
P .05
VIAFACSIMILE
(Original via U .S. Mail)
John J. Kim, Esq .
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
Dear John :
On behalf of our client, Wareco Service, Inc . ("Wareco"), pursuant to Sections 40(a)(1)
and 57(c)(4)(D) of the Illinois Environmental Protection Act ("Act")
(415 ILCS 5/40(a)(1)
5/57(c)(4)(D)), we are requesting that the Illinois Environmental Protection Agency ("Agency")
extend the 35-day period for petitioning for an appeal of the Agency's December 5, 2005, final
decision ("Decision Letter") rejecting the High Priority Corrective Action Completion Report
submitted for the above-referenced incident . Wareco received the Decision Letter on December
5, 2005 . Wareco hereby requests an extension for a total of 90 days, or until March 5, 2006, in
order to allow further discussions with the Agency regarding the technical and/or legal rationale
for the Agency's rejection letter .
HODG[' MR
Y IRAN
EDWARD W
. DWYER
E-mail
: edwyer@hdzlaw.com
January 4, 2006
RE: LPC #0950205084 -
Knox County
Galesburg # 334/Wareco Service, Inc.
326 Monmouth Boulevard
LUST Incident No
. 982928
LUST Technical File
Our File No . - WARE :001
Div?ECE
tl~®
sel
JAN
0
62006
EnvironmentalAgencyProtection
3150 ROLAND AVENUE A POST OFFICE
Box 5776 A SPRINGFIELD, ILLINOIS 62705-5776
TELEPHONE 217-523-4900 A FACSIMILE 217-523-4948
Division of Legal Counsel
January 4, 2006
Page 2
I have enclosed a copy of the Agency's Denial Letter for your review . Please contact me
with any questions you may have regarding the request in this letter, and to inform me as to
whether the Agency agrees to extend the time period for appeal . The deadline for filing an
extension request with the Illinois Pollution Control Board is Monday January 9, 2006 .
I apologize for the lateness of this request . Thank you for your cooperation in this matter
.
Sincerely,
Edward W . Dwyer
EWD:MTR :plt
enclosure
PC :
Mr. Daniel J . Brooks (via U .S . Mail; w/enclosure)
WARE :001/Corr/Galesbure 334 Appeal Letter
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on January 6, 2006, 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
Edward W . Dwyer
Illinois Pollution Control Board
Hodge Dwyer Zeman
James R. Thompson Center
3150 Roland Avenue
100 West Randolph Street
P.O. Box 5776
Suite 11-500
Springfield, IL 62705-5776
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Re
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)
