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BEFORE THE ILLINOIS POLLUTION CONTROL BOARDRECEIVED

CLERK'S 

OFFICE

CELOZZI-ETTLESON CHEVROLET, INC 

.

)

OCT 2 5 2006

Petitioner,

)

STATE OF 

ILLINOIS

Pollution Control Board

V .

)

PCB 07- 

U 2

I

(LUST Appeal - 

Ninety Day

ILLINOIS ENVIRONMENTAL PROTECTION 

)

Extension)

AGENCY,

)

Respondent .

)

NOTICE

Dorothy Gunn

Edward V. Walsh, III

Clerk

Sachnoff & Weaver, Ltd 

.

Illinois Pollution Control Board

10 South Wacker Drive

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60606-7507

Chicago, Illinois 60601-3218

PLEASE TAKE NOTICE that I have today caused to be filed a REQUEST FOR NINETY

DAY EXTENSION OF APPEAL PERIOD with the Illinois Pollution Control Board, copies of

which are served upon you .

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

ames G . Richardson

pecial Assistant Attorney General

Dated: October 19, 2006

1021 North Grand Avenue East

P

.O

. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

THIS FILING IS SUBMITTED ON RECYCLED PAPER

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, 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

January 26, 2007, 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 September 21, 2006, the Illinois EPA issued a final decision to the Petitioner

.

2.

On October 12, 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 to join in

requesting that the Board extend the thirty-five day period for filing a petition by ninety days

.

Upon information and belief the Petitioner did receive the final decision on September 25, 2006

.

I

BEFORE THE ILLINOIS POLLUTION CONTROL BOAfl 

CLERK'S 

C E

OFFICE

I V E D

CELOZZI-ETTLESON CHEVROLET,

)

OCT

2 5 2006

INC .,

)

STATE 

OF

ILLINOIS

Petitioner,

)

Pollution Control Board

v

.

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent .

)

PCB No . 07- 

0 3

(LUST Appeal-- Ninety Day Extension)

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

es G. Richardson

cial Assistant Attorney General

Dated: October 19, 2006

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

THIS FILING IS SUBMITTED ON RECYCLED PAPER

2

1021 NORTH GRAND AVENUE EAST,

P .O

. Box 19276, SPRINOFtEic, lwrloi5

62794-9276-( 217) 782-3397

,' .WES R

1HOMPSON

CENTER, 100 WEST RANDOLPH, SUITE 11-300, C

HIc4GO. I

L 60601 - (312)

814-6026

Roo R . I3LAGO)EVICH, GOVERNOR

DOUGLAS P . SCOTT,

DIRECTOR

CER FIt tED MAIL

7004 2510 0001 8587 4466

2171782 .6762

SEP 2 12005

Celozzi-Ettleson Chevrolet

Attention

: Maurice Ettleson

6201 South LaGrange Road

Hodgkins, Illinois 60525

Re:

LPC #0430355077 -- DuPage County

Elmhurst/Celozzi-Ettleson Chevrolet

155 East Roosevelt Road

Leaking UST Incident No . 892422

Leaking UST Technical File

Dear Mr . Ettleson :

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Corrective Action Plan

(plan) submitted for the above-referenced incident . This plan, dated July 28, 2006, was received by the

Illinois EPA on July 31, 2006 . 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 (35111 . Adm .

Code) .

Pursuant to Sections 57 .7(b)(2) and 57.7(c) of the Act and 35 111 . Adm . Code 734.505(b) and 734 .510(a),

the plan is approved . The activities proposed in the plan are appropriate to demonstrate compliance with

Title XVI of the Act

. Please note that all activities associated with the remediation of this release

proposed in the plan must be executed in accordance with all applicable regulatory and statutory

requirements, including compliance with the proper permits

In addition, the budget is rejected for the reason listed in Attachment A (Sections 57 .7(6x3) and

57 .7(c)(4) of the Act and 35111 . Adm . Code 734 .505(b) and 734 .510(b)) .

NOTE

: The plan proposes activities that are technically acceptable

. However, for the purpose of

payment from the Underground Storage Tank Fund, some of the activities are in excess of those

necessary to meet the minimum requirements of the Act and regulations . Owners and operators are

advised that they may not be entitled to full payment for this reason . The Illinois EPA will review your

complete request for partial or final payment from the Fund after it is submitted to the Illinois EPA .

The plan proposed to excavate impacted soil to Tier I remediation objectives which is in excess of those

necessary to meet the minimum requirements of site specific Tier 2 remediation objectives . While it is

technically acceptable that these activities be performed, payment from the Fund is not approved

In addition, please note that budgets must be submitted and approved prior to the issuance of a No Further

Remediation (NFR) Letter . Costs associated with a plan or budget that have not been approved prior to

the issuance of an NFR letter will not

be paid .

Rocxroeo- 4302 North Main Street, Rockford, IL 61103-(815) 987-7760

Du PEA. I -9511 W . Harrison SL,

Des Plainer, IL 60016- (847) 294-40DO

1847) 608-3131693-5462Ptoz -5415 N . University

., Peoria,

IL 61614 -(309) 6935463

5egv+cctttn-4500 S . Sixth Street Rd ., Springfield,MnMION-2709

; Collinsville,Street,

Paw' . oN Rsyeaun PAPER

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Page 2

Pursuantto Sections 57 .7(b)(5) and 57 .12(c) and (d) of the Act and 35 Ill . Adm. Code 734.100 and

734.125, the Illinois EPA requires that a Corrective Action Completion Report that achieves compliance

with applicable remediation objectives be submitted within 30 days after completion ofthe plan 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 at the beginning of this

letter.

Please note that, if within four years afler 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 Mohammed Zillur Rahman at

217/782-9848.

Michael T. Lowder

Unit Manager

Leaking Underground Storage Tank Section

Division of Remediation Management

Re: LPC €10430355077 - DuPage County

Elmhurst7Celozzi-Ettleson Chevrolet

155 East Roosevelt Road

Leaking UST Incident No. 892422

Leaking UST Technical File

Citations in this attachment arc 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).

Attachment A

1 .

The budget includes costs associated with on-site corrective action to achieve

remediation objectives that are more stringent than the Tier 2 remediation objectives

developed in accordance with 35 111 . Adm. Code 742. Such costs are ineligibl

payment from the Fund pursuant to 35 111 . Adm. Code 734.630(aaa).

ridition, such

costs are not approved pursuant to Section 57.7(c)(3) of the Act because they will be used

for site investigation or corrective action activities in excess of those required to meet the

minimum requirements of Title XVI of the Act .

The plan proposed to excavate impacted soil to Tier 1 remediation objectives which is

in excess of those necessary to meet the minimum requrements of site specific Tier 2

remediation objectives.

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(eX4) 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 l 1-500

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

TOTAL F' .05

ames G . Ri ardson

pecial 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)

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on October 19, 2006 I served true and

correct copies of a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD by first

class mail of the United States Postal Service upon the persons as follows 

:

Dorothy Gunn

Edward V

. Walsh, III

Clerk

Sachnoff & Weaver, Ltd .

Illinois Pollution Control Board

10 South Wacker Drive

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60606-7507

Chicago, Illinois 60601-3218

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

THIS FILING IS SUBMITTED ON RECYCLED PAPER