RECEIVED
BEFORE THE POLLUTION CONTROL BOARD
CLERK'S OFFICE
OF THE STATE OF ILLINOIS
JAN 2 2 2007
SIEMENS ENERGY & AUTOMATION )
STATE
OF ILLINOIS
Petitioner,
' q
Pollution Control Board
v .
)
PCB No. 07- V I
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal - Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE
Dorothy M . Gunn, Clerk
John W
. Watson
Illinois Pollution Control Board
Baker & McKenzie
James R . Thompson Center
One Prudential Plaza, Suite 3500
100 West Randolph Street
130 East Randolph Drive
Suite 11-500
Chicago, IL 60601
Chicago, IL 60601
Kevin Sweeney
Siemens Energy & Automation
3333 Old Milton Parkway
Alpharetta, GA 30005
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
Melanie A . Jarvis
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 19, 2007
RE
Rec
C
eiver)
EI V/E
JAN 2 2 2007
Pollution
STATEOF
ControlILLINOIS
Board
Petitioner,
)
v.
)
PCB No . 07- `
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, Melanie A
. Jarvis, 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 April 20, 2007, 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 December 14, 2006, the Illinois EPA issued a final decision to the Petitioner .
(Exhibit A)
2.
On January 17, 2007, 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
.
(Exhibit B) Tracking information from the Certified Mail number on the final decision indicates
the final decision was received on December 18, 2006
.'
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
SIEMENS ENERGY & AUTOMATION
1
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
Melanie A
. Jarvis
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 19, 2007
This filing submitted on recycled paper .
2
1021 . NORTH I
AVENUE LAST, P-O . Box 19276, SPRINGnnD, ILLINOIS 62794-9276 - ( 217) 782-3397
JAMES R . THOMPSON CENTER, 100 WEST KANUOLPH, SUITE 11-300, CIA CATO, IL 60601 -(312) 814-6026
Ron R . BLACOJEViCH, GOVERNOR
DOUGLAS P
. SCOTT, DIRFC1oR
217/524-3300
CERTIFIED MAIL
December 14, 2006
7004 2510 0001 8620 5597
Mr. Kevin Sweeney
Siemens Energy & Automation
3333 Old Milton Parkway
Alpharetta, Georgia 30005
Re:
0890100010 --
Kane County
Siemens Energy & Automation
Site Remediation Program
Dear Mr . Sweeney:
As you know, Siemens Energy is pursuing a comprehensive No Further Remediation Letter
under Illinois EPA's Site Remediation Program for the above-referenced facility (located at 100
McKee Street in Batavia, Illinois)
. On September 19, 2006 Illinois EPA approved a
Comprehensive Site Investigation Report, Remediation Objective Report and Remedial Action
Plan for this project . On September 29, 2006, Jennifer L
. Troast and Steven R. Bosko of Weston
Solutions, Inc
. submitted a response to the September 19, 2006 letter on your behalf
. This letter
responds to the September 29, 2006 letter from Weston Solutions .
The September 29, 2006 submittal was reviewed as a request to modify the approved Site
Remediation Program documents mentioned above for this facility . This request is hereby
approved subject to the following conditions and modifications :
Except as modified herein, remedial activities at this facility must be carried out in
accordance with Illinois EPA's September 19, 2006 letter .
2 .
Condition 6 of the Illinois EPA's September 19, 2006 letter states : "35 Ill . Adm. Code
721
.131 F001 through F005 wastes must be disposed in accordance with 35 111, Adm .
Code 728"
. It appears as though the former North and South TCE storage areas and the
Adjacent Parking Lot were impacted by product trichloroethene
. Therefore, the soil from
these three areas must be disposed of as hazardous waste -
USEPA Hazardous Waste No .
U228 .
Regarding Condition 7 of Illinois EPA's September 19, 2006 letter, "above a saturated
zone" is the area above a saturated zone that is hydraulically connected to the saturated
zone where there is the potential for any soil contamination present to leach into the
saturated zone . Condition 7 of the Illinois EPA's September 19, 2006 letter is intended to
RootrORU-4302 North Main Street, Rockford, IL 61103 - (815) 987-7760 •
DES PLAINES-9511 W- Harrison St, Des Planes, II 60016-(847)
Exhnb+
294 .4000
IA
ELGIN-595 South State, Elgin, IL 60123 - (847) 608-3131
• PEORIA-5415 N . University St, 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
SPRINCHELO
-
4S00 S
. Six rh 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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Mr. Kevin Sweeney
Page 2
provide for a groundwater investigation where there is the potential for soil
contamination to leach to the saturated zone, thus causing groundwater to be
contaminated above an applicable groundwater quality standard
.
4 .
Due to the fact that the only contaminant detected to date in groundwater was not above
applicable 35 111 . Adm.
. Code Part 620, Groundwater Quality Standards, the Illinois EPA
concurs that Condition 9 of its September 19, 2006 letter is not applicable at this time .
However, as part of the goal of obtaining a Comprehensive No Further Remediation
(NFR) for all recognized environmental conditions (RECs) at the facility, in the future,
the facility must submit all data gathered relative to the groundwater investigation from
which a Focused NFR was obtained for the two TCE product storage areas . At a
minimum, the following information must be submitted :
a.
Map of the facility with the locations of the former groundwater monitoring wells ;
b .
Groundwater analytical data of the former groundwater monitoring wells
presented in tabular form ;
c .
Boring logs and Well Completion Reports of the former groundwater monitoring
wells
; and
d.
Summary of the groundwater investigation presented in text format, which must
include all geologic and hydrogeological information gathered as part of the
investigation.
5 .
Remedial activities at this facility must meet the requirements of 35 Ill . Adm. Code 740
and 742.
This letter shall constitute Illinois EPA's final action on the subject submittal . Within 35 days
after the date of mailing of the Illinois EPA's final decision, the applicant may petition for a
hearing before the Illinois Pollution Control Board to contest the decision of the Illinois EPA,
however, the 35-day period for petitioning for
a hearing may be extended for a period of time not
to exceed 90 days by written notice provided to the Board from the applicant and the Illinois
EPA within the 35-day initial appeal period .
Work required by this letter, your submittals or the regulations may also be subject to other laws
governing professional services, such as the Illinois Professional Land Surveyor Act of 1989, the
Professional Engineering Practice Act of 1989, the Professional Geologist Licensing Act, and the
Structural Engineering Licensing Act of 1989
. This letter does not relieve anyone from
compliance with these laws and the regulations adopted pursuant to these laws . All work that
falls within the scope and definitions of these laws must be performed in compliance with them .
Mr. Kevin Sweeney
Page 3
The Illinois EPA may refer any discovered violation of these laws to the appropriate regulating
authority.
Should you have questions regarding the groundwater aspects of this project please contact Paula
Stine at 217/524-3861
; questions regarding other aspects of this project should be directed to
William T Sinnott, II at 217/524-3310
.
Sincerely,
Stephen F
. Nightingale, P-E .
Manager, Permit Section
Bureau of Land
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BAKER & MCKENZIE
January 17, 2007
John W. Watson
Tel: +1 312 861 2646
William Ingersoll
johnn w.watson@BakerNet .corn
Illinois EPA
Via Federal Express
1021 N
. Grand Avenue, East
P.O
. Box 19276
Springfield, IL 62794-9276
RE:
Request for Extension of the 35-day Period for Filing a Petition with the Illinois
Pollution Control Board for Review of Agency Decision
File No .: 0890100010
Siemens Energy & Automation
Dear Bill :
I am writing to follow-up on our conversation yesterday regarding our request for an
extension of the period for filing a petition for review to the Illinois Pollution Control Board
in order to discuss issues relating to the Siemens Energy & Automation site remediation
project in Batavia, Illinois . We are asking for an extension from 35 days from the date of
service of the Agency's final decision to 90 days . Based on our conversation, it is my
understanding that you are in agreement regarding this request for an extension to 90 days
.
We feel that an extension is appropriate in order to allow sufficient time to set up a meeting
to discuss our concerns with IL EPA's letter dated December 14, 2006 regarding Siemens'
site remediation plan for the Batavia site
. Specifically, we would like to discuss item 2 of the
December 14, 2006 IL, EPA letter regarding the characterization of the waste at the Batavia
site
.
The 90-day extension will allow sufficient time to explore a cooperative resolution with the
Agency rather than filing a petition for formal review with the Illinois Pollution Control
Board
. We will work with Bill Sinnott schedule such a meeting as soon as practicable .
With respect to the required formal filing for the extension to 90 days with the Illinois
Pollution Control Board, please let me know if you need assistance from us . We understand
that Illinois EPA will proceed with the required Board filing
. Thank you for your
cooperation in this matter .
Sincerely,
Jo rt W. Watson
cc: William T . Sinnott, II
RECE:
I
Division of Legal C
Environmental Protection
Agency
HaP.er . 4+h' vie 1
11' i-a memboi of Baker & McKenzie International, a Swiss Vermin .
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& IVICNenzie
PlazaL.
.`_['Suite
,
3500
130 East Randolph Drive
Chicago, Illinois 60601 . LISA
Tel: +1 312 861 8000
Fax: +1 312 861 2839
Chicagowww.bakernet.information@bakernet.co
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CERTIFICATE OF SERVICE
1, the undersigned attorney at law, hereby certify that on January 19, 2007, 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 postage affixed thereto, upon the following named persons :
Dorothy M . Gunn, Clerk
John W
. Watson
Illinois Pollution Control Board
Baker & McKenzie
James R. Thompson Center
One Prudential Plaza, Suite 3500
100 West Randolph Street
130 East Randolph Drive
Suite 11-500
Chicago, IL 60601
Chicago, IL 60601
Kevin Sweeney
Siemens Energy & Automation
3333 Old Milton Parkway
Alpharetta, GA 30005
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Melanie A. Jarvis
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)
