Kraft Foods,

Petitioner,

V .

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

Dorothy M

. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

ames G . Ri ardson

sistant 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: April 22, 2005

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

NOTICE

Mr. Philip M. McAndrew

Director, Environmental Affairs

Kraft Foods

Three Lakes Drive

Northfield, IL 60093

ILLINOIS ENVIRONMENTA PROTECTION AGENCY,

Respondent

RECEIVED

CLERK'S OFFICE

MAR 2 7 2006

Pollution

STATE OF

Control

ILLINOIS

Board

PCB No. 06-

1

4 9

(LUST Appeal - Ninety Day Extension)

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,

---

RECEIVEDCLERK'S

OFFICE

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

MAR 2 7 2006

Kraft Foods,

Pollution

STATE OF

Control

ILLINOISBoard

Petitioner,

)

v.

)

PCB No. 06- I

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, James G . Richardson, Assistant Counsel and Special Assistant

Attorney General, and, pursuant to Section 40(a)(1) of the Illinois Environmental Protection Act

(415 ILCS 5140(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 July 10, 2006, or any other date not more than a total of one hundred twenty-five

(125) days from the date of receipt of the Illinois EPA's final decision . In support thereof, the

Illinois EPA respectfully states as follows :

1 .

On March 2, 2006, the Illinois EPA issued a final decision to the Petitioner .

2 .

On March 22, 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 .

Upon information and belief the Petitioner did receive the final decision on March 7, 2006 .

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

.

1

---

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

G. Richardson

stant 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: April 22, 2005

This filing submitted on recycled paper .

---

Philip M . McAndrew

Director

Environmental Affairs

March 21, 2006

Kraft Foods

Mr

. William Ingersoll

Illinois Environmental Protection Agency

Division of Legal Counsel

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

RE: 90-Day Extension Request

LPC #1110605007 - McHenry County

Woodstock/Claussen Pickle Co

1300 Claussen Drive

LUST Incident #920042

Division

ECEWWED

of Legal Counsel

MAR 2 2 20LIS

Environmental Protection

Agency

Dear Mr. Ingersoll:

Kraft Foods Global, Inc

. (Kraft) is requesting a 90-day extension for appealing the final decision

on the reimbursement request for the abovementioned site

. The extension will allow Kraft to file

a petition for a hearing with the Illinois Pollution Control Board by May 31, 2006

. The final

decision was received on March 7, 2006 and a copy is attached

.

If you have any questions or concerns, please contact Lisa Krogman at (224) 659-9103 or

1isa.krogman@kraft.com

.

Sincerely,

OZf- A -A'&cc)

Philip M . McAndrew

Director, Environmental Affairs

Attachment

Kraft Foods Three Lakes Drive • Northfield, IL 60093

• Phone 847 .646 .6801 • Fax 847 .646 .8892

---

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST, P.O . Box 19276,

SPRINGFIELD, ILLINOIS

62794-9276

- ( 2

t

)fV 2{j39p gQ I

I

JAMES

R .

THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 - (312) 4'- 026

ROD R . BLAGOIEVICH, GOVERNOR

DOUGLAS P . SCOTT, DIRECTOR'-`' I1

217/782-6762

-

7 2)O6

I

CERTIFIED MAIL

E: °J-IfLC 11MENTAL

AFFAIhJ

MAR 0 2 2006

.

. "

7004 2510 0001 8592 0736

-

Kraft Foods North America, Inc .

Attn : Richard Pico

Three Lakes Drive

Northfield, IL 60093

Re: LPC #1110605007 --

McHenry County

Woodstock/Claussen Pickle Co

1300 Claussen Drive

LUST Incident #920042

LUST FISCAL FILE

Dear Mr. Pico:

The Agency has completed the review of the request for reimbursement of corrective action costs

from the Illinois Underground Storage Tank Fund for the above-referenced facility

. The invoices

reviewed covered the period from January 7, 1992 to December 31, 2003 . The amount requested

was $368,754.34 .

The deductible amount to be assessed on this claim is $15,000

.00, which is being deducted from

this payment

. In addition to the deductible, there are costs from this request that are not being

reimbursed

. Listed in Attachment A are the costs which are not being reimbursed from this

request and the reasons these costs are not being reimbursed

. Some costs were deducted for both

accounting reasons and technical reasons and appear on both the Accounting Attachment A and

the Technical Attachment A

. This explains the discrepancy between the total of the deductions

listed on both attachments and the total amount deducted from this claim

.

On July 22, 2005, the Agency received your complete request for payment for this claim

. As a

result of the Agency's review of this claim, a voucher for $9,343

.73 will be prepared for

submission to the Comptroller's Office for payment as funds become available based upon the

date the Agency received your complete request for payment of this claim

. Subsequent claims

that have been/are submitted will be processed based upon the date complete subsequent billings

requests are received by the Agency

.

This constitutes the Agency's final action with regard to the above invoices

. An underground

storage tank owner or operator may appeal this final decision to the Illinois Pollution Control

Board (Board) pursuant to Section 22

.18b(g) and Section 40 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 mabe extended for a period of time not to exceed 90 days by written notice from the

ROCKFORD- 4302 North Main Street, Rockford, IL 611 -(815) 987-7760 • DES PLAINES-9511 W . Harrison St ., Des Plainer, IL 60016-(847) 294-4000

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

PEORIA- 5415 N. University SL, Peoria, IL 61614

- (309) 693-5463

BUREAU Or LAND - PEORIA- 7620 N . University St., Peoria, IL 61614 - (309) 693-5462 • CHAMPAIGN- 2125 South First Street, Champaign, IL 61820-(217) 278-5800

, .

SPRINGHtLD-4500 5. Sixth Street Rd ., Springfield, IL 62706-(217) 786-6892 • COLLINSVILLE - 2009 Mall Street, Collinsville, IL 62234-(618) 346-5120

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

PRINTED ON RECYCLED PAPER

---

Page 2

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, Illinois 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

Springfield, Illinois 62794-9276

217/782-5544

If you have any questions, please contact Theresa Sitton of my staff or Sam Hale of the

technical staff at 217/782-6762 .

Dou

. Oakley, Manager

LUST Claims Unit

Planning & Reporting Section

Bureau of Land

DEO:TS

:tih\063116.doc

Attachment A

cc:

ATC Associates Inc .

---

Re:

LPC #1110605007-- McHenry County

Woodstock/Claussen Pickle Co

.

1300 Claussen Drive

LUST Incident No

. 920042

LUST FISCAL FILE

Item #

Description of Deductions

1 .

$7,164.50,

deduction for an adjustment due to planned tank removal costs (Section

22.18b(d)(4)(D) of

the Environmental Protection Act) .

Deduction is from Mankoff Equipment Inc . invoice #2605 $7,164

.50 breaking concrete

for a planned tank pull .

2.

$331,944.00,

deduction for an adjustment in costs due to a lack of supporting

documentation (Section 22 .18b(d)(4)(C) of the Environmental Protection Act)

.

Deductions are from the following invoices, $7,600

.00 additional amount requested, no

invoices were submitted, Mankoff Equipment Inc . invoice #2536 $125,685 .00 proof of

payment is required for all costs prior to September 18, 1992, landfill or manifest

invoices are also required, invoice #2605 $22,365

.00 proof of payment and invoices

required, and $100,439.25

proof of payment required, invoice #2681 $1,710 .00 proof

of payment required, and $42,248 .10 invoices and proof of payment required, invoice

#2685 $6,306.52

manifest and proof of payment required, Warzyn invoice #001-03813

$2,069.00 and $109.20

proof of payment required, $4,508

.00 Rock & Soil drilling,

invoice and proof of payment required, invoice #003-04060 $1,185

.00 proof of

payment required, invoice #002-04196 $933 .00, $65.00 proof of payment, and

$1,377.60 itemized breakdown of samples and proof of payment required, invoice

#003-05018 $1,757.00

proof of payment, invoice #004-05233 $1,936

.48 Rock & Soil

drilling invoice is required, Prairie Environmental Specialist Inc . invoice #29201

$5,580.00, $444.00

and $530.00 proof of payment is required, invoice #39205

$4,140.00, $300.00 and $258.00 proof of payment, invoice #69222 $336

.00 Andros

Associates and $61 .25 Federal Express invoices are required

.

3.

$28.69, deduction for an adjustment in overnight mail charges (Section 22

.18b(d)(4)(C)

ofthe Environmental Protection Act)

.

Deductions are from the following ATC Associates Inc

. invoices, invoice # 1170762

$4.94, invoice #1179882 $13

.95, and invoice #1250976 $9 .80 all shipping not to a lab .

Attachment A

Accounting Deductions

---

Page 2

4.

$450.00,

deduction for costs which are not for Corrective Action activities (Section

22 .18(e)(1)(C) and 22.18b(a)(3)

of the Environmental Protection Act)

.

Deduction is from the following ATC Associates Inc . invoice #1149464 $450 .00 FOIA

requests, Radwan Tamr .

5 .

$137.00,

deduction for costs not eligible for reimbursement .

Deduction is from the following Warzyn invoices, invoice #001-03813 $32

.00, invoice

#002-04196 $35 .00 and invoice #004-05233 $70

.00 can not have mileage and usage for

the same vehicle .

6.

Costs approved for payment needing pro-rated as agreed with technical staff

.

TS :tih\063117 .doc

---

Re: LPC #1110605007

-- McHenry County

Woodstock/Claussen Pickle Co

.

1300 Claussen Drive

LUST Incident No

. 920042

LUST FISCAL FILE

Item # Description of Deductions

1 .

$101,854

.75, deduction in costs that the owner/operator failed to demonstrate were

reasonable (Section 22

.18b(d)(4)(C) of the Environmental Protection Act) .

2.

$101,854.75,

deduction for costs associated with ineligible Tanks (Section

22.18b(a)(5) of the Environmental Protection Act)

.

SH:bjh\063201

.doc

Attachment A

Technical Deductions

---

CERTIFICATE OF SERVICE

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

March 23, 2006, 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

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

es G

. Richardson

ssistant 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)

Mr. Philip M. McAndrew

Director, Environmental Affairs

Kraft Foods

Three Lakes Drive

Northfield, IL 60093