BEFORE THE POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
OF THE STATE OF ILLINOIS
JUN 0 4 2007
WILLINGHAM FARMS,
Petitioner,
'
Pollution
STATE OF
Control
ILLINOISBoard
v.
)
PCB No. 07- '
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal
-
Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE
Dorothy M . Gunn, Clerk
Carol Webb, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R. Thompson Center
1021 North Grand Avenue East
100 West Randolph Street
P . O . Box 19274
Suite 11-500
Springfield, IL 62794-9274
Chicago, IL 60601
Carolyn S . Hesse
Barnes & Thornburg, LLP
One North Wacker Drive,
Suite 4400
Chicago, IL 60606-2833
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 : May 31, 2007
WILLINGHAM FARMS,
Petitioner,
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
CLERK
RECEIVED
'S
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
JUN 0 4 2007
Pollution Control Board
1
PCB
(LUST
NoAppeal
. 07- I
-~~Ninety Day Extension)
REQUEST FOR NINETY DAY EXTENSION
OF APPEAL PERIOD
OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
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 September 7, 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 May 2, 2007, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2 .
On May 30, 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 May 5, 2007 . (Exhibit C)
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
: May 31, 2007
This filing submitted on recycled paper .
2
MAY-30-2007
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Barnes&Thornburg
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:55
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CWM
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EA57, P
.O .
Box
19276,
SPRINcnrLO, ILLINOIS 627949276- ( 21 :') 762-3.3x'7
1wEs R . THDMPSON CENTER,
100 WEST RANOOIPH, SUITE 11-300, CHICAGO, It 60601 -(312) 114 .61)26
ROD R . 9LAt001EVICH, GOVERNOR
DOUGLAS P . 5corT, DIRECTOR
217/792-6762
CERTIFIED MAIL
7004
2510 0001
B616 2630
MAY 0 $ 2007
Willingham Farms
Attention : Jerry Willingham
2704 East 9 0'
Street
Lehigh Acres, Florida 33972
Re :
LPC#1530355008-PulaskiCounty
Ullin/Willingham Farms
5713 Shawnee College Road
Leaking UST Incident No, 20040141
Leaking UST Technical File
Dear Mr . Willingham :
RE
TV -,D
MAY
4 2007
BY:_
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Corrective
Action
Plan (plan) submitted for the above-referenced incident
. This plan, dated January 4, 2007 and
March 19, 2007, was received by the Illinois EPA on January 4, 2007 and March 19,
2007 .
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 plan and the associated budget are rejected for the reason(s) listed below (Sections
57 .7(b)
and 57
.7(e) of the Act and 35 111 . Adm
. Code 734 .505(b), 734.510(a) and 734
.510(6)) .
The plan is rejected for the following reason(s)
:
The plan has indicated that both the early action contaminated backfill scils were
removed and disposed and that no contaminated backfill materials were i emoved
. Please
clarify if the confirmed contaminated backfill sails were removed during early action
. It
is not indicated as such in the 45 Day Addendum Report,
If the original backfill still exists, then a sample of
it should have been cc Ilected and
analyzed to determine if it is above the Tier I cleanup objectives and requires removal
.
The results of the soils sampled from the gasoline UST excavation area
were determined
to be below Tier I cleanup objectives
. Therefore, that area does not appear to req .3ire any
additional remediation activities .
RocgmRO-4302 North Main Areel . Roaklord . IL 67103-(a151
997-7760
• DES Puw;S-9511 W . Harrison 51 . . Do PIainc,, II . 60016 . .1047) 2g4 .4noo
hclw-595 SOOIh$iale, E$Sin
. IL 60123-1847) 608-7131
Pvnun-5475
N. Uni.ec
itv SE, Peoria, IL 61614 .
. (10'1! Idx3.546I
uutIAUOI'w+0-PIORU-1620N
.vnre,dIySI,Peoria,IL61614-(In9) 693 .5462
CNAWOUCw-2125 SouthFi1tit$heet,Chpn„1 :dg„
11 61 fill , (2171!711-snnn
SMwOnED-4500S.Sixth SUeelRd Spnngleld,11x,2706-1217)766-6892 - a CauNSVln1-2009 Mali Svncl,C,ILns
.,
II, .4P.^34-161lg741,5111I
MARIO'- 2309W Main Sl_ Suite 116, Marion, it
62959
-16167 9937200
Pa.,.", n., Rervr,io TAPIR
f
PAGE 02
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PAGE 03
Page 2
2.
The plan indicates Tier I
: remediation objectives were calculated using the parameters
required by 35 111 . Adm. Code Section 734 .410. However, the plan fails tc include the lab
analysis results for such parameters
. In addition, the plan fails to include worksheets
showing the equations and how they were calculated . Further, the plan fairs to include
the values used for "foe" and the "dilution factor" .
3 .
The plan indicates the soils of the site will be excavated to a depth of 12 feet below
ground surface . However, all soil sampling results indicate soil contamina non exists at
nine (9) feet below ground surface
. The Illinois EPA does not approve of excavating into
the groundwater table
. In addition, the area proposed for soil remediation appears to be
excessive since there is at least 40 feet between the areas found contaminated and the
areas found clean.
Further, the soil boring logs with P1D readings of each soil boring completed does riot
indicate the soils are contaminated from surface to eight (8) feet below grot nd surfsce.
Please justify the necessity to excavate and dispose of the soils on site that have not been
found to contain contamination above the applicable cleanup objectives .
4.
The plan indicates a building on the site must be demolished in order to excavate
contaminated soils . However, the plan fails to include information/justifica :ion that
indicates the necessity to demolish the building . Additional information clarifying the
necessity to demolish the building for remedial purposes is required .
5 .
7ite Illinois EPA is requesting copies of the photos that were budgeted for it the Site
Investigation Plans since they were not included in the Site Investigation Completion
Report
. In addition, please include the information indicating the depths to water of the
groundwater monitoring wells that was completed when previously sampled for site
investigation purposes pursuant to 35 111 . Adm. Code Section 734 .430(c). This
information shall be submitted in tabular format .
The plan budget is rejected for the following reason(s) :
Pursuant to Sections 57.7(c) of the Act and 35 IIL Adm . Code 734
.505(b), the associated
budget is rejected for the following reason
:
The Illinois EPA has not approved the plan with which the budget is associated .
Until such time as the plan is approved, a determination regarding the associated
budget-
i.e., a determination as to whether costs associated with materials,
activities, and services are reasonable
; whether costs are consistent with the
associated technical plan
; whether costs will be incurred in the performance of
corrective action activities
; whether costs will not be used for corrective action
P .0470?
IM004/007
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PAGE 04
Page 3
FFICPTVED
MIV
4 2007
BY:_C
activities in excess of those necessary to meet the minimum requirement` of the Act
and regulations, and whether costs exceed the maximum payment amounts set forth
in Subpart H of 35 111 . Adm
. Code 734---cannot be made (Section 57 .7(c)(3) of & e
Act and 35 Ill . Adm- Code 734
.510(b)) .
2 .
The budget includes corrective action costs for Excavation, Transportation, Dispcsat,
Backfill and Cap that are not reasonable as submitted
. Such costs are me . igible for
payment from the Fund pursuant to Section 57
.7(c)(3) of the Act and 35 III . Adm . Code
734
.630(dd) .
A detailed time and materials cost breakdown is required from each bidder to
demonstrate they are qualified and able to perform the work being bid put suant to 35 111 .
Adm . Code Section 734 855(a)
. This information should include a time and materials
breakdown of all subcontractors costs as well
.
Pursuant to Sections 57.7(b) and 57.12(c) and (d) of the Act and 35 111
. Adm . Code 734.100 and
734.125,
a plan and/or budget must be submitted within 90 days of the date of this letter t3
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 tWs letter .
An underground storage tank system owner or operator may appeal this decision tD the Illinois
Pollution Control Board
. Appeal rights are attached .
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Pdge 4
If you have any questions or need further assistance, please contact Mindy Weller et 217/782-
6762.
arty A
. Chappel, P
.E.
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
HAC:MW :C\20040141-5 .DOC
cc:
Carol Rowe, CWM Company, Inc.
BOL File
P .06/07
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PAGE 06
gam. F;TVFD
Mt,Y
4 2007
Appeal Rights
An underground storage tank owner or operator may appeal this final decision tc 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 days after the date of issuance of the final decision
. However, the 3`-day
period may
be extended for a period of time not to exceed 90 days by written not ice 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 s'atemenl 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 Guns, 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 fling 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 P .07
MAY-30-2007 16 :26
DLC LEGAL
0 5 /30/2007 16 :24 FAX 3127595646
Barnes&Thornburg
BARNES ÞBURG LLP
Carolyn S . Hesse
(312) 214-8301
Emad
: cheset'Dhrlarecotn
VIA FACSIMILE & FEDERAL EXPRESS
Mr. William Ingersoll
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P .O. Box 19276
Spnngfeld, Illinois 62794-9276
Re :
LPC #1530355008 - Pulaski
Ullin / Willingham Farms
5713 Shawnee College Road
LUST Incident #20040141
Dear Bill :
On May 2, 2007, the Agency issued a letter with respect to the above refe
:-enced LUST
Incident
. It is my understanding that the letter was received by Mr
. Willingram on May 5, 2007 .
A copy of the letter is attached
.
CW3 M believes that based upon discussions with you and o
.hers at the Illinois
Environmental Protection Agency and for other reasons, that we will be able to resolve the issues
raised in the IEPA letter
. However, we believe that we will not be able to resolve these issues by
the deadline for filing an appeal of these issues to the Illinois Pollution Control Board
. Thus, this
is a request for a 90 day extension pursuant to the Illinois Environmental Protection Act, Section
40(a)(1) and 35 JAC 105
.406 to allow us the needed time to continue these discussions and to try
to resolve the issues .
Earlier today we discussed this request for a time extension and agreed to such a time
extension
. If for any reason the Agency will not seek the 90 day extension, please notify me no
later than the close of business on June 6, 2007, so that I may file the appropriate appeals to the
Board
. If you have any questions or comments, please do not hesitate to contact me
Sincerely yours,
BARNES & THORNBURG
Carolyn S. He&
CSHljmr
Enclosure
cc :
g xt 11 ~I
William Sinnott
Carol L. Rowe
#itlni¢apr
Elkharr
Fort Wa ;ac
Grand Rapids
Indianapolis
South Beard
`Vashingron, D-C .
May 30, 2007
S
.,re 4400
One Norrh Wader Drive
Chicago, IL 60606 .2833 U .SA .
(312) 3571313
fax (312) 7595646
www:Fdaw.com
P .02/07
R002/007
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5/31/2007
CERTIFICATE OF SERVICE
1, the undersigned attorney at law, hereby certify that on May 31, 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
Carol Webb, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R . Thompson Center
1021 North Grand Avenue East
100 West Randolph Street
P . O. Box 19274
Suite 11-500
Springfield, IL 62794-9274
Chicago, IL 60601
Carolyn S . Hesse
Barnes & Thornburg, LLP
One North Wacker Drive,
Suite 4400
Chicago, IL 60606-2833
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)
