BRENDA GEORGE BRYANT,

Petitioner,

V .

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent .

Michelle M. Ryan

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: February 15, 2006

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

Dorothy M. Gunn, Clerk

Matt Cherry, 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

.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

RECEIVED

CLERK'S

OFFICE

FEB 1 6 2006

STATE OF ILLINOIS

Pollution Control Board

PCB No. 06-

13

(LUST Appeal -Ninety Day Extension)

NOTICE

---

BRENDA GEORGE BRYANT,

Petitioner,

V

.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent

.

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

REQUEST FOR NINETY DAY EXTENSION

OF APPEAL PERIOD

NOW COMES the Respondent, the Illinois Environmental Protection Agency ("Illinois

EPA"), by one of its attorneys, Michelle M. Ryan, 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 III . 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 May 22, 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 January 12, 2006, the Illinois EPA issued a final decision to the Petitioner

.

(Exhibit A) Pursuant to United States Postal Service records, that decision was delivered to

Petitioner on January 17, 2006

.

2

.

On January 18, 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 by ninety days

.

(Exhibit B)

I

RECEIVED

CLERK'S

OFFICE

FEB 1 6 2006

STATE OF ILLINOIS

Pollution Control Board

PCB No. 06-

1 -~,

6

(LUST Appeal - Ninety Day Extension)

---

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

Michelle M. Ryan

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: February 15,2006

This filing submitted on recycled paper

.

2

---

-

•"

vy

.ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021

WORTH 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.

BLAGO)EVICH, GOVERNOR

DOUGLAS

P. SCOTT,

DIRECTOR

217/782-6762

JAN 1 2 201)6

Brenda George Bryant

103 East 5's St .

Metropolis, IL 62960

Re:

LPC# 1270155052 -- Massac County

Metropolis/Brenda George Bryant

500 Ferry St.

LUST Incident No. 20020951

LUST Technical File

Dear Ms. Bryant :

The Illinois Environmental Protection. Agency (Illinois EPA) has reviewed the amended

Corrective Action Plan Budget submitted for the above-referenced incident

. This budget, dated

September 26, 2005, was received by the Illinois EPA on October 3, 2005-

Citations in this

letter are from the Environmental Protection Act (Act), as amended by Public Act 92-0554 on

June 24, 2002, and 35 Illinois Administrative Code (35 111. Adm. Code).

The budget is modified pursuant to Sections 57.7(b)(3) and 57.7(c) of the Act and 35 Ill. Adm .

Code 732.503(b). Based on the modifications listed in Section 2 of Attachment A, the amounts

listed in Section I of Attachment A have been approved

.

Please note that the costs must be

incurred in accordance with the approved plan. Be aware that the amount of reimbursement may

be limited by Sections 57.8(d), 57.8(e), and 57.8(g) of the Act, as well as 35 Ill. Adm. Code

732.606(s) and 732.611

.

If the owner or operator agrees with the Illinois EPA's modifications, submittal of an amended

plan and/or budget, if applicable, is not required (Section 57.7(c)(4) of the Act and 35 111. Adm .

Code 732.503(f)). Additionally, pursuant to Section 57.8(a)(5) of the Act, if reimbursement will

be sought for any additional costs that may be incurred as a result of the Illinois EPA's

modifications, an amended budget must be submitted .

CERTIFIED MAIL

7004 2510 0001 8653 8978

.Pursuant to Sections 57.7(b)(5) and 57.12(c) and (d) of the Act and 35 III. Adm. Code 732.100

and 732.105, the Illinois EPA requires that a Corrective Action Completion Report that achieves

compliance with applicable remediation objectives be submitted within .30 days after completion

of the plan to :

ELEASAPLE

JAN 2 0 2006

REVIEWER

ROCKFORD-4302 North Main Street, Rockford, IL 61103-

.

-9511 W. Harrison St., Des Plaines, IL 60016P-847) 294-4000

ELGIN-595 South State, Elgin, IL 60123-(847) 608-3131

PEORIA-5415 N. University St., Peoria, IL 61614-(309) 693-5463

UREA OF LAND -PEORIA -7620 N. University St., Peoria, IL 61614 -(309)(,93-5462

CHAMPAIGN- 2125 South First Street, Champaign, IL 61820-(217) 278-5800

SPRINGFIELD-4500 S . Sixth Street Rd., Springfield, IL 62706-(217) 786-6892

••

COLLINSwuE- 2009 Mall Street, Collinsville, IL 62234-(618) 346-5120

MARION - 2309W. Main St., Suite 116, Marion, IL 62959 -(618) 993-7200

EXHIBIT

9

A

PRINTED ON RECYCLED PAPER

---

Page 2

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 at the beginning

of this letter.

Please note that, if within four years after the approval of this plan, compliance with the

applicable remediation objectives has not been achieved and a Corrective Action Completion

Report has not been submitted, the Illinois EPA requires the submission of a status report

pursuant to Section 57.7(b)(6) of the Act .

An underground storage tank 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 Jason Donnelly at (217) 557-

8764 .

Sincerely,

Harry A. Chappel, P.E .

Unit Manager

Leaking Underground Storage Tank Section

Division of Remediation Management

Bureau of Land

HAC:JD\020951 -cap.bud#2.doc

Attachments: A

Appeal Rights

c :

United Science Industries, Matt Cherry

Division File

---

:;~

Attachment A

Re :

LPC #1270155052 -- Massac County

Metropolis/Bryant, Brenda

500 Ferry St.

LUST Incident No. 20020951

LUST Technical File

Citations in this attachment are from the Environmental Protection Act (Act), as amended by

Public Act 92-0554 on June 24, 2002, and 35 Illinois Administrative Code (35 Ill . Adm. Code) .

SECTION 1

The budget was previously approved for :

$3,020.20

Investigation Costs

$12,832.00

Analysis Costs

$18,440.00

Personnel Costs

$800.00

Equipment Costs

$93,143.00

Field Purchases and Other Costs

$21.60

Handling Charges

As a result of the.Illinois EPA's modification(s) in Section 2 of this Attachment A, the following

amounts have been approved :

$0.00

Investigation Costs

$0.00

Analysis Costs

$0.00

Personnel Costs

$0.00

-Equipment Costs

$0.00

Field Purchases and Other Costs

$600.00

Handling Charges

Therefore, the total cumulative budget is approved for :

$3,020.20

Investigation Costs

$12,832.00

Analysis Costs

$18,440.00

Personnel Costs

$800.00

Equipment Costs

$93,143.00

Field Purchases and Other Costs

$621 .60

Handling Charges

---

Page 2

SECTION2

1

.

In accordance with Section 57.7(c)(4) of the Act and 35 Ill. Adm. Code 732.503(b), any

action by the Illinois EPA to disapprove or modify a plan or budget submitted pursuant to

Title XVI of the Act shall be provided to the owner or operator in writing within 120

days of receipt .

The Illinois EPA previously notified the owner or operator of its final action . Further, in

accordance with Section 57.7(c)(4) of the Act and 35 Ill . Adm. Code 732.503(f), the

Illinois EPA's action to reject or require modification of the plan or budget, or the

rejection of any plan or budget by operation of law, was subject to appeal to the Illinois

Pollution Control Board within 35 days after the Illinois EPA's final action

.

HAC:JD\020951-cap.bud#2.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) 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

---

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---

P.O. Box 360

6296.East Illinois Highway 16

Woodlawn,

Illinois 828984360

January 18, 2006

Illinois Environmental Protection Agency

BOL-Division of Remediation Management

LUST Section

1021 North Grand Avenue East

Springfield, IL 62792-9276

Attn: Jason Donnelly

Re;

LPC# 1270155052-Massac County

MetropolislBrenda George Bryant

LUST Incident No. 20020951

Project #1802058

LUSTTechnical File

Dear Mr, Donnelly-

United Science Industries, Inc, (US!), on behalf of Brenda George Bryant, request a 90-

.

day extension of the review deadline for the Amended Corrective Action Plan and Budget

currently under review for the above-referenced site..

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 extension 185

.

Sincerely,

Matt Cherry

Project Manager

United Science Industries, Inc,

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CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on February 15, 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

Matt Cherry, 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,

espondent

r

Michelle M. Ryan

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)