ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
orn
ames G .
ardson
pecial Assistant Att ey General
Dated
: March 15, 2007
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
NOTICE
Dorothy Gunn
Mark Basler
Clerk
United Science Industries, Inc.
Illinois Pollution Control Board
P.O. Box 360
100 West Randolph Street, Suite 11-500
Woodlawn, Illinois 62898
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 .
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOAT
E CC V D
CLFAKrg OFFICE
ESTATE OF FRED JOHNSON,
)
MAR 19 2007
Petitioner,
)
Pollution
STATE OF
Control
ILLINOIS
Board
v.
)
PCB 07-01
(LUST Appeal
- Ninety Day
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY,
)
Respondent.
)
Extension)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ESTATE OF FRED JOHNSON,
)
Petitioner,
)
v.
)
ILLINOIS ENVIRONMENTAL
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, 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
June 14, 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 February 8, 2007, the Illinois EPA issued a final decision to the Petitioner
.
2 .
On March 12, 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 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 February 9, 2007
.
1
(LUST
PCB NoAppeal
. 07-
~
-
Ninety
1
Day Extension)
AEC
CIEEq~OV E D
MAR 19 2007
Polotion
Control
Board
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
James G
.
#7
Richardso
,
Special Assistant Attorney General
Dated
: March 15, 2007
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
MAR-13-2007 15
:55
DLC LEGAL
Ma r-13-07 16
:06
From-United Science Industries
6187352907
P . 02/05
T-048
P 02/05
F-514
llal
_py7 -/
770
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P .O . Box 19276,
SPRINGFIELD, ILLINOIS
62794-9276-( 217) 782-3397
JAMES R
. THOMPSON CENTER, 100
WEST RANDOLPH, SUITE 11-300, CnicAGO, IL 60601 -(312) 814-6026
ROD R. BtAGOIEVICH,
GOVERNOR
DOUGLAS P. ScoTT,
DIRECTOR
217/782-6762
RECEIVED
CERTIFIED MAIL.
FEB 0 8 2007
FF8 1 wu7
Fred Johnson, Estate of
S %"
Attention
: Ralph Johnson, Exec .
900 South Poplar
Pana, Illinois 62557
Re:
LPC #021050:5033
- Christian County
Pans/ Fred Johnson
9th Street and Fair Avenue
Leaking UST
:Incident No . 950344
Leaking UST' Technical File
Dear Mr.
Johnson :
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Amended High Priority
Corrective Action Plan (plan) submitted for the above-referenced incident
. This plan, dated November
2006, was received by the Illinois EPA on December 4, 2006
. Citations In this letter are from the
Environmental Proteclion Act (Act) in effect prior to June 24, 2002, and 35 Illinois Administrative Code
(35 111 . Adm
. Code) .
Pursuant to Section 573(c) of the Act and 35 111 . Adm
. Code 732 .405(c), the plan is modified . The
following modifications are necessary, in addition to those provisions already outlined in the plan, to
demonstrate compliance with Title XVI of the Act and 35111
. Adm. Code 732 :
A
. BTEX and MTBE must be modeled from the highest contaminated monitoring wells to the closest
point of compliance and in the down gradient direction
. The Agency has modeled the MTBE from
RMW#2 to extend to a distance of (600) feet; approximately 75 ft. further than your proposed
groundwater restricted area
. This additional area must be taken into consideration for your
proposed zone or ordinance,
B
. Your proposed Highway Authority Agreement (HAA) does not extend to encompass all possible
soil contamination
. The proposed HAA must extend from known clean sample to clean sample
.
Also at BHl 7, while your Tier 2 clean up objective addresses an Inhalation issue on site, it does
not address potential off site contamination above Tier 1 Class I clean up levels.
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 perm! ts
.
In addition, the budgl:t
for the High Priority Corrective Action Plan is modified pursuant to Section 57 .7(c)
of the Act and 35 111 . Adm
. Code 732
.405(c)
. Based on the modifications listed in Section 2 of
Attachment A, the amounts listed in Section I of Attachment A are approved. Please note that the costs
must be incurred in accordance with the approved plan
. Be aware that the amount of payment
fiunt the
Fund may be limited by Sections 57 .8(e), 57 .8(g) and 57,8(d) of the Act, as well as 35111
. Adm. Code
ROCKFORD-4302 North Main Street, Rockford, IL 61103 -4815) 987-7760 • Des PWNES-9511 W. Harrison St ., Des Plalnes, IL 60016-(847) 294 .4000
EtuN-5955outhState,Elgin, IL60123-(847)608-3131
PEORIA -5415N .UniversitySt .,Peoria, It61614-(309)693-5463
BuRUUOFLANO-PfOR1A-7620N
.UniveisitySt.,Peoria,IL61614-(309)693
.5462 • CHniPnCt-2125 South Flrstslreet,Champaign, IL61820-(217)278-5800
SRR,NOflELD-4500 S. Sixth SUMitd .,Spring(ield,It.62706-(217) 786-6892
COLLINSV,uE-7009 Mail Street, Collinsville,It62234-(6181346 .5120
MARION- 2309
W.
Main St.,
Suite 116, Marion, IL 62959- (618) 993-7200
7004
PLANTED ON RfC.'Ct o PAPER
2510 0001 9566 9516
MAR-13-2007
15 :55
DLC
LEGAL
Mar-13-07
16 :06
From-United Science Industries
Page 2
Sincerely,
Thomas A . Henninger
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediarion Management
Bureau of Land
TAH:DW:dw\
Attachment :
A
c:
United Science Industries/ Mike Hodgkinson
Division Fil-
6167352907
P
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732.604,732
.606(s), and 732 .611 . .
Please note that, if the owner or operator agrees with the Illinois EPA's modifications, submittal of an
amended plan and/or bv
.dget, if applicable, is not required (Section 57
.7(c) of the Act. Additionally,
pursuant to Section 57.8(aX5)
of the Act and 35 111. Adm. Code 732
.405(e), if payment from the Fund will
be sought for any additional costs that may be incurred as
a result of the Illinois EPA's modifications, an
amended budget must to submitted .
NOTE: Amended plans and/or budgets must
be
submitted and approved prior to the issuance of a No
Further Remediation (PIFR) 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.
All future correspondence must
be submitted to :
Illinois Environmental Protection Agency
Bureau of Land -
#24
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, A . 62794-9276
Please submit all correspondence in duplicate and include the Re
: block shown at the beginning of this
lever .
An underground storage tank system owner or operator may appeal this decision to the Illinois Pollution
Control Board
. Appeil rights are attached .
If you have any questions or need further assistance, please contact Donna Wallace at 217/ 524-1283
.
MAR-13-2007
15 :55
DLC LEGAL
Mar-13-07 16
:06
From-United Science Industries
Appeal Rights
6187352907
An underground storige tank owner or operator may appeal this final decision to the Illinois
Pollution Control Board pursuant to Sections 40 and 57
.7(c)(4) of the Act by filing a petition for
a hearing within 35 clays 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 Gtn n, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
312/814-36:!0
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
P
.04/05
T-049
P 04/05
F-514
MAR-13-2007
15
:55
DLC
LEGAL
Mar-13-07
16 :07
From-United Science Industries
Attachment A
Re;
LPC #0210505033 -- Christian County
Pane/ Fred Johnson
9th Street and Fair Avenue
Leaking UST Incident No . 950344
Leaking UST Technical File
SECT1QNI
The budget was previously approved for:
$1,904.00
Investigation Costs
$3,494.00
Analysis Costs
$54,805 .0
Personnel Costs
$4,655.00
Equipment Costs
$578,850 .08
Field Purchases and Other Costs
$4,204.65
Handling Charges
As a result of review of the budget at-hand and the Illinois EPA's modifications) in Section 2 of this
attachment, the following amounts are approved
:
$4,637.87
Investigation Costs
$1,717.52
Analysis Costs
$20,35) .99
Personnel Costs
$1,016.98
Equipment Costs
$296:49
Field Purchases and Other Costs
Therefore, the total cumulative budget is approved for :
$6,541
.87
Investigation Costs
$5,211
.52
Analysis Costs
$75,156 .99
Personnel Costs
$5,671
.98
Equipment Costs
$579,146 .57
Field Purchases and Other Costs
Handling charges will be determined at the time a billing package is reviewed by the Illinois EPA
. The
amount of allowable handling charges will be determined in accordance with Section 57.8(f)
of the
Environmental Protection Act (Act) and 35 Illinois Administrative Code (35 Ill . Adm. Code) 732
.607.
SECTION 2
$11,384
.89 for corrective action costs for personnel hours or activities that are not reasonable as
submitted
. Such costs are ineligible for payment from the Fund pursuant to Section 57 .7(cX4XC)
of the Act ar .d 35111
. Adm. Code 732 .606(hh).
Fours were deducted for project design, data review and research, planning and report writing
.
DW:dw\
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CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on March 15, 2007 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
Mark Basler
Clerk
United Science Industries, Inc
.
Illinois Pollution Control Board
P.O. Box 360
100 West Randolph Street, Suite 11-500
Woodlawn, Illinois 62898
Chicago, Illinois 60601-3218
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
4dl
Aw
&
ames
-as
son
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)
3
