BEFORE

THE ILLINOIS POLLUTION CONTROL BOARPIECEIVED

CLERKS OFFICE

PEOPLE

OF

THE STATE

OF ILLINOIS,

)

OCT

t?2005

Complainant,

)

STATE OF ILLINOIS

)

Pollution Control Board

v.

)

PCB 05-66

)

PETCO PETROLEUM

CORPORATION,

an Indiana Corporation,

)

)

Respondent.

)

SUPPLEMENTAL RESPONSE

TO COMPLAINANT’S REQUEST FOR

THE ADMISSION OF FACTS

PURSUANT

TO

HEARING OFFICER ORDER

NOW COMES

Respondent, Petco Petroleum Corp., by and through its

attorneys, Sorling,

Northrup, Hanna,

Cullen &

Cochran,

Ltd., Charles

J. Northrup, of counsel,

and

hereby provides

this

Supplemental

Response to

Complainant’s Request

for the Admission of Fact Pursuant to

an

August

19,

2005 Hearing

Officer Order:

3.

Without

waiving

any

arguments

as

to

degree,

extent,

source,

composition

or

subjectiveness of the

observed

discoloration,

Respondent

admits that

the surface of the water

in

the small tributary to Big Creek downstream of the reported release was “discolored.”

4.

Without

waiving

any

arguments

as

to

degree,

extent,

source,

composition

or

subjectiveness

of

the

observed

unnatural

bottom

deposits,

Respondent

admits

that

the

small

tributary

to

Big

Creek

downstream

of

the

reported

release

contained

“unnatural

bottom

deposits.”

6.

Without

waiving

any

arguments

as

to

degree,

extent,

source,

composition

or

subjectiveness of the observed

discoloration,

Respondent

admits that the surface of the

water in

Little Moccasin Creek downstream ofthe reported release was “discolored.”

9.

Without

waiving

any

arguments

as

to

degree,

extent,

source,

composition

or

subjectiveness

of the

observed

“black

suspended

precipitate,”

Respondent

admits

that

“black

5(14564311.2

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suspended precipitate”

was present

on

the

bottom

of Little

Creek

downstream

of the

reported

release.

10.

Without

waiving

any

arguments

as

to

degree,

extent,

source,

composition

or

subjectiveness of the observed

discoloration

and turbidity,

Respondent

admits

that

the waters

in

Little Creek downstream ofthe reported release were “discolored” and “turbid.”

13.

The Respondent admits the facts contained in paragraph 13.

18.

Without

waiving

any

arguments

as

to

degree,

extent,

source,

composition

or

subjectiveness

of the

observed

“black

suspended

precipitate,”

Respondent admits

that

“black

suspended precipitate” was present in

the water of the tributary ofBig Creek downstream of the

reported release.

20.

Without

waiving

any

arguments

as

to

degree,

extent,

source,

composition

or

subjectiveness of the observed discoloration and

turbidity,

Respondent admits

that the

waters of

the tributary ofBig Creek were “discolored” and “turbid.”

22.

Without

waiving

any

arguments

as

to

degree,

extent,

source,

composition

or

subjectiveness of the

observed “affected area,”

Respondent

admits

that

an

area was

“affected”

before discharging into a tributary of South Fork Creek.

26.

Without

waiving

any

arguments

as

to

degree,

extent,

source,

composition

or

subjectiveness of the observed

“impacted

area,”

Respondent admits

that an

area was

“impacted”

by the February 15,

2005

release.

Respectfully submitted,

PE.TCO PETROLEUM CORPORATION,

•

Respondent

By:

~

One ofits’Ittorneys

S0450430.2

10/14(2005 ON KAy

2

‘rinted

on Rec,ck’d Pope,

---

Sorling, Northrup, Hanria,

Cullen &

Cochran, Ltd.

Charles

.T. Northrup, of Counsel

Suite 800 Illinois Building

P.O.

Box

5131

Springfield, IL

62705

Telephone: (217) 544-1144

Facsimile:

(217) 522-3173

PROOF OF SERVICE

The

undersigned hereby certifies that

an

original

and

ten

(10) copies

of the

foregoing document

were served by regular U.S.

Mail to:

Ms.

Dorothy Gunn, Clerk

Pollution Control

Board

100 West Randolph Street, Suite

11-500

Chicago,

IL

60601

and one copy to:

Ms.

Carol Webb

Hearing Office

Illinois Pollution Control Board

1021

North Grand Ave.

East

Post Office Box

19276

Springfield, IL 62794-9274

Thomas Davis, Chief

Environmental Bureau

Office of the Attorney General

500 South Second

Street

Springfield, IL 62706

and

by

depositing

same

in

the

United

States

mail

in

Springfield,

Illinois,

on

the

Il

day

of

October,

2005, with postage fully prepaid.

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3

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