1. NOTICE OF FILING
      2. SECTION 2
      3. NOTICE’
      4. ~XH1BJT
      5. 312/814-3620
      6. ExhibitC
RECE
WED
CLERK’S OFFICE
BEFORE
THE
ILLINOIS
POLLUTION CONTROL
BOARD
OF THE STATE OF ILLINOIS
JUL
152004
STATE OF ILLINOIS
)
Pollution Control Board
NOTICE OF FILING
To:
John Kim
Assistant Counsel
Special Assistant Attorney General
Division ofLegal Counsel
1021
North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today, July
15,
2004, filed with the Clerk of
the Illinois Pollution Control Board a PETITION FOR REVIEW ofa certain final Illinois
Environmental Protection Agency Decision, a copy ofwhich is herewith served upon you
through overnight courier or United States Mail.
Respectfully Submitted,
JOHNSON OIL COMPANY, LLC OF INDIANA
Petitioner
Rick Johns
“,
MaIi~1ger
Johnson Oil Compa~y,LLC
P.O. Box 27
Columbus,
Indiana 47202
JOHNSON OIL COMPANY,
)
Petitioner,
)
)
vs.
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PCB No. 04-183
(LUST Appeal)
1
RECEIVE
D
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
JUL
152004
JOHNSON OIL COMPANY, LLC,
Poll
on
IBd
Petitioner,
)
)
PCB No. 04-183
vs.
)
(LUST Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTIONAGENCY,
)
)
Respondent.
)
PETITION FOR
REVIEW
OF FINAL AGENCY
LEAKING UNDERGROUND STORAGE TANK DECISION
NOW COMES the petitioner, Johnson Oil Company, LLC (“Johnson Oil”), pursuant to
Sections 40(a)( 1) and
57.
7(c)(4)(D) ofthe Illinois
Environmental Protection Act (415
ILCS
5/40(a)(1)
and 57.7(c)(4)(D)) and 35 Ill. Adm.
Code 105.400-412, hereby requests
that the Illinois Pollution Control Board (“Board”) reviewthe fmal decision ofthe Illinois
Environmental Protection Agency
(“Agency”) in the above-referenced case.
In support
thereof
Johnson Oil respectfully states as follows:
1.
Johnson Oil formerly owned and operated a gasoline service station on
property located at 901
North Vermilion Street, Danville, Vermilion
County, Illinois (the “site”).
On October 28,
1999, Johnson Oil reported a
release ofpetroleum at the site and the site was assigned Incident No.
992440.
Johnson Oil retained American Environmental Corporationto
complete Site Investigation and Corrective Action, including preparation
of Site Investigation and Corrective Action Plans.
2.
On December 4, 2003,
American Environmental Corporation submitted on
behalfofJohnson Oil a High Priority Corrective Action Plan (“HPCAP”)
and Budget for investigation to defme the extent offree product and
1
contaminated groundwater and for a pilot study to evaluate the Method of
Soil Vapor Extraction to remediate contamination.
3.
On March 12, 2004, the Agency issued a Final Decision to
Johnson Oil in
which the HPCAP was approved with modifications to the Budget, a copy
ofwhich is attached hereto as Exhibit A.
4.
On April
13, 2004, Johnson Oil made written request to the Agency for an
extension oftime by which to file a petition for review.
The Agency
joined
in Johnson Oil’s request that the Board extend the thirty-five day
period for filing a Petition for Review to ninety days, a copy ofwhich is
attached hereto as Exhibit B.
5.
On May 6, 2004 the Board entered an Order to
extend the time
in which
Johnson Oil could file a Petition for Review for an additional ninety days,
up to and including July
15, 2004, a copy ofwhich is attached as Exhibit C.
6.
The grounds forthe Petition for Review are as follows:
Johnson Oil’s consultant, Simon P. Broomhead, P.G. ofAmerican
Environmental Corporation, prepared the December 4, 2003
HPCAP and Budget
in accordance with the Environmental Protection Act
(“Act”) and regulations,
in
addition to generally accepted engineering practices.
Mr. Broomhead is a
Licensed Professional Geologist with 10 years experience in the environmental
consulting industry.
The HPCAP detailed the procedures necessary to defme the
extent ofresidual contamination and evaluate the proposed method ofcorrective
action.
In accordance with 35
Ill. Adm. Code
732.404(f), the Budget included an
estimate ofall costs associated with the implementation and completion ofthe
Corrective Action Plan.
The budget also included personnel costs for activities
which had been completed and for which copies of invoices were provided to
document such costs.
These costs were reasonable and were necessary to
achieve
the applicable remediation objectives.
The personnel activities included in the
budget consisted of:
2
•
Free product recovery, monitoring, and report preparation
completed throughout the Site Classification and Corrective Action
Investigations,
•
Obtaining permits and access agreements for neighboring
properties and right-of-ways,
•
Aquifer testing and risk-based contaminant modeling to calculate
remediation objectives,
•
Preparation ofCorrective Action Plan and Budget,
•
Complicated drilling at greater-than-typical depths in a highly
permeable, heaving sand,
•
Preparation ofreimbursement claims,
•
Completion ofadditional investigation,
including soil and
groundwater sampling, and free productmonitoring,
and
•
Completion ofa pilot study to evaluate the method ofSoil Vapor
Extraction for the remediation ofresidual contamination.
The Agency approved the FIPCAP in a March 12, 2004 letter to Johnson
Oil.
However, the personnel costs in the associated budget were modified down
to an unmanageable level with no justification for the reductions.
The amount
approved ($14,000) was clearly less than necessary to meet the $49,780.25
amount budgeted for personnel, including $29,224.25 ofcompleted personnel
costs for which documentation was provided.
Mr. Broomhead and other
environmental consultants from American Environmental Corporation will testify
that the approved budget for the HPCAP
is vastly below industry norms,
is not
reasonable, and violates 35
Ill. Adm.
Code 732.505.
Furthermore,the HPCAP
cannot be
implemented with the budget approved by the Agency.
The budget
approved by the Agency is unreasonable,
is arbitrary and capricious, and does not
account for the several investigation and corrective action activities which were
proposed in the approved HPCAP.
Furthermore, upon information and belief,
Johnson Oil alleges that the Agency improperly utilized
certain rate sheets to
reduce the budget.
These rate sheets were not promulgated pursuant to the Illinois
3
Administrative Procedure Act (APA) and Illinois Ayers Oil Company vs. IEPA.
PCB 03-214.
Thus, the budget approved by the Agency
is invalid.
WHEREFORE, Petitioner, Johnson Oil Company, LLC, for the reasons
stated above, requests that the Board reverse the Final Decision ofthe Agency and
restore the personnel amount as submitted in Johnson Oil’s Budget associated
with the December 4, 2003
HPCAP and consultant and attorney’s fees incurred
pursuant to
Section 40(a)(l) ofthe Illinois Environmental Protection Act.
Respectfully Submitted,
JOHNSON OIL COMPANY, LLC OF INDIANA
Petitioner
Rick
hn
on, Man~ger
Johnson Oil Company, LLC
P.O. Box 27
Columbus,
Indiana 47202
4
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NoIm-c
GRAND
AVENUE
EAST,
P.O. Box
19276,
SPR1NG~IEW,ILUNOIS
62794-9276, 217-782-3397
JAMES
R.
THoAu’sON
C~rER,
100
WEST
RANDOlPH, Suirr
11-300,
ChicAGo,
IL
60601,
312-814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE CIPRIANO,
DIREcToR
21 7/782-~6
762
CERIIFIED MAIL
7002
3150
DODD
125.5
4913
Johnson Oil Company, LLC
Attn: Rick Johnson
P.O. Box 27
Columbus, IN47202
Re:
LPC #1830205196
--
Vermilion County
Danville/Johnson Oil Company
901 N. Vermilion St.
LUST Incident No. 992440
LUST Technical File
Dear Mr. Johnson:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Amended High
Priority Corrective ActionPlan (plan) submitted for the above-referenced incident.
This plan,
datedDecember 4, 2003, was receivedby the Illinois EPA on December 5, 2003.
Citations in
this letter are from the Environmental Protection Act (Act) and 35 Illinois Administrative Code
(35111. Adm. Code).
Pursuant to Section 57.7(c)(4) ofthe Act and 35111. Adm.
Code
732.405(c),
theplan is approvecL
The activities proposed in the plan are appropriate to demonstrate compliance with Title XVI of
the Act and
35111.
Adm. Code 732.
Pleasenote that all activities associated with theremediation
ofthis 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, thebudget forthe High
Priority
CorrectiveActionPlan is modified pursuant to
Section 57.7(c)(4) ofthe Act and 35111. Adm. Code 732.405(c).
Based on the modifications
listed in Section 2 ofAttachment A, the amounts listed in Section
1 ofAttachment A are
approved.
Please note thatthe costs
must
be incurred in accordancewith the approved plan.
Be
aware that the amount ofreimbursement maybe limited by Sections
57.8(e),
57.8(g) and
57.8(d)
of the Act, as weli as
35
ilL Aiim. Code 732.604, 732.606(s), and 732.611.
•Exbibit
A
RcacFoeo
—4302
North
Main
Street,
Rockford,
11 61103— (815) 987-7760
•
Des
PJAINE5—
9511
W.
Harrison
St..
Des Plainea,
IL
60016—1847)294-4000
ELCIN
—
595
South
State,
61gm,
IL 6012a
—(847)
608-3131
•
PEOR* —541S N.
University
St.,
Peoria,
IL 61614— (309) 603-5463
&up.eu
oi~
Ltra
-
!Eoa:A
—
7620 N.
University
St.,
Peoria,
1L 61614—009)693-5462
•
C~MPAIC~N—
2125
South First Street, ChampaIgn,
1161820—
(217) 278-5800
SPRINGFiELD
—
4S00 S. Sixth
Street Rd., Springfield,
IL
62706 —(217)
786-6892
•
COLLINSVJUJ
—
2009
MaIl
Street,
Collinsville, IL
62234— (618) 346-5120
—
2309W. MaIn St., Suite 116, Marion, IL
62959
—(618) 993-7200
PRINTED
ON
RECYCLED
PAStE
Page 2
All
future
correspondence
must
be submitted to:
Illinois Environmental Protection Agency
Bureau ofLand
-
#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
ofthis letter.
An
underground
storage
tank
system owner oroperatormay appeal this decisionto the illinois
Pollution ConirolBoard.
Appeal
rights areattached.
Ifyou have any questions orneedfurther assistance, please contact ScottMcGill at (217)1524-
5137.
Sincerely,
CliffordL. Wheeler
Unit Manager
Leaking
Underground Storage TankSection
Division ofRemediation Management
Bureau ofLand
Attachments:
Attachment A
Appeal Rights
cc:
American Environmental
Corporation
Division File
Attachment A
Re:
LPC# 1830205196—Vermilion County
Danville/Johnson Oil Company
.‘
:.
::
•.
901 N. Vermilion St.
LUST JncidentNo. 992440
LUST Technical Pile
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code
(35
ill. Adm. Code).
SECTION
1
Thebudget waspreviously approved for:
$24,008.40
Investigation Costs
$3,030.00
Analysis Costs
$46,296.50
Personnel Costs
$2,465.00
Equipment Costs.
$6,190.10
Field Purchases and Other Costs
$3,076.00
Handling Charges
As a result ofthe illinois EPA’s modification(s) in Section 2 ofthis AttachmentA, the foliowing
amounts are approved:
...
$9,191.02
Investigation Costs
$2,056.00
Analysis Costs
$14,000.00
Personnel Costs
$1,815.00
Equipment Costs
$5,799.80
FieldPurchases and Other Costs
$13~,41
1.02
Handling Charges
Therefore, thetotal cumulative budget is approved for:
$33,199.42
Investigation Costs
$5,086.00
Analysis Costs
$60,296.50
Personnel Costs
$4,280.00
Equipment Costs
$11,989.90
Field Purchases and Other Costs
$16,487.02
Handling Charges
SECTION
2
$43.00
forexcessive analysis costs.
These costs are for activities in excess ofthose
necessaryto meet the minimum requirements ofTitle XVIofthe Act (Section
57.5(a)
of
the Act and
35
III. Mm. Code 732.606(o)).
Costs associated with TCLP lead were reduced to $16/sample.
The
analysis costs
were
reduced from $2,100.00 to $2,056.00.
2.
$35,780.25 forexcessive personnel costs.
These costs are for activities in excess ofthose
necessaryto meet the minimumrequirements ofTitle XVI ofthe Act (Section
57.5(a)
of
the Act and 35
111.
Adm. Code 732.606(o)).
The Agency has reviewed the activities to be completed as
part
oftheplan and approved
a reasonable amount ofpersonnel dollars forthis effort.
We do not specify number ofhours or
type
ofpersonnel expected to
complete the
proposed activities, only a reasonable total amount.
How a consultant chooses to use this
amount
(type
ofpersonnel used and number âfhours) is up to them as long as the
approved total amount is not exceeded and the personnelrates are reasonable.
Appeal Rights
An underground storagett
owner or op
orniay appeal this final decisionto the illinois
Pollution Control Board pursuant to Sections40 and
57 7(c)(4)(D) ofthe Act by filing a petition
for a hearingwithin 35 days afterthe date ofissuance ofthe final decision
However, the 35-day
periodmay be extended fora period oftime not to S*èeèd’90’daysby irittenndtice from the
owneror operator and the illinois EPA.within theinitial 35-thy appeal period. Ifthe owner or
operator wishes to receive a 90-day extension, a writteürequestthat includesa statement ofthç
date the final decision wasreceived, alongwith a copy ofthis decision, must be sent to the
illinois EPA as soon as possible.
Forinformation regarding the filing ofan appeal, please contact:
DorothyGunn, Clerk
illinois Pollution Control Board
State ofillinois Center
100 West Randolph, Suite 11-500
Chicago, IL
60601
312/814-3620
-
For information regardingthe filing ofan extension, please contact:
illinois Environmental Protection Agency
Division ofLegal
Counsel
1021 North GrandAvenue East
Post OfficeBox 19276
Springfield, IL
62794-9276
217/782-5544’
Ii
4.
BEFORE
THE
POLLUTION CONTROL BOAR)
OF TUE STATE OFILLINOIS
v.
JOHNSON OIL COMPANY,
Petitioner,
ILLINOIS ENVIRONMENtAL
PROTECTION AGENCY,
Dorothy M. Gunn, Clerk
illinois Pollution Control Board
James R.
Thompson Center
100 WestRandolph Street
Suite 11-500
Chicago,IL
60601
NOTICE’
)
)
)
)
)
Respondent.
)
PCBNo. 04-’
(LUSTAppeal
—
NinetyDayExtension)
Simon
P.
Broonihead, P.G.
American Environmental Corp.
3700 West GrandAvenue
Suite A
Springfield, IL
62707
Respondent
PLEASE TAKE NOTICE that I have
today filed with the office of the Clerk ofthe Pollution
Control Board
a REQUEST FOR NINETY DAY EXTENSION OF
APPEAL
PERIOD, copies ofwhich
areherewith served upon you.
-
Respectfully submitted,
ILLINOIS
ENVIRONMENTAL PROTECTIONAGENCY,
John
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North GrandAvenu; East
P.O. Box
19276
Springfield, Illinois
62794-9276
217/782-5544
217/782-9143
(TDD)
Dated: April 13,
2004
(.
Exhibit
B
-.
BEFORE TUE POLLUTION CONTROL
BOARD
OF TUE STATE OF ILLINOIS
JOHNSON-OIL COMPANY,
)
Petitioner~
)
v.
)
PCBNo.04-
ILLINOIS ENVIRONMENrAL
)
(LUST Appeal
-
Ninety
Day
Extension)
PROTECTION AGENCY,
)
-
Respondent.
)
REOUEST FOR NINETY DAYEflENSION
-
-.
OF
APPEAL
PERIOD
NOW COMES the Respondent, the Illinois
Environmental Protection Agency (“Illinois
EPA”), by one of its
attorneys, John J. Kim, 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)(l))
and 35
Ill. Ada
Code
105.208, hereby
requests
that the
Illinois
POllution
Control Board (“Board”) grant an extensionofthethirty-five
(35)
day period for petitioning for a
hearing to
July
15,
2004,
or any
other date not more than a total of one
hundred twenty-five
(125)
days from the date ofthe Illinois EPA’s final decision.
Jn support thereof, the illinois EPA
respectthlly states as follows:
-
-
I.
On March
12,
2004,
the
Illinois
EPA
issued
a
final
decision to the Petitioner.
(Exhibit A)
-
2.
On April 13, 2004, the Petitioner made a writtenrequest to the illinois EPAfor an
extension oftime by which to me a petitionforreview, asking the Illinois EPAjoinin requesting
that the Board extend thethirty-five day period for, filing a petitionto ninety days.
The Petitioner
did not representwhenthe final decisionwas received.
(Exhibit B)
3.
The additional time-requested by the parties may eliminate the need for a hearing
in this matter or, in the alternative, allow theparties to identify issues and limit the scope ofany
hearingthat may be necessary to resolve this matter.
1
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 forpetitioning for a hearing.
Respectfiully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Assistant Counsel
Special Assistant Attorney General
DivisionofLegal Counsel
1021 NorthGrandAvenue, East
P.O.
Box
19276
Springfield, Illinois 62794-9276
217/782-5544
2171782-9143 ~DD)
Dated: April 13,2004
This filing
submitted
on
recycled
paper.
2
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94/1Sf
2884
@9:29
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AEC
PAGE
83
JLUN0IS
ENVIRONMENTAL
PROTECTION
AGENCY
--
Ii
1021
NonH
OMNO
AVENUE EAST,
P.O.
Box
19276,
SPRINCWIELD, Iatwais
62794-9276, 217-782-3397
JAMES
R.
THOMPSON
CENTER,
100 Wr.r
RANDOLPH,
Sunt
11-300,
CI-ucAco,
IL
60601,312-814-5026
Rom
K.
BLACOJEVICH,
GOVERNOR
RaNEE
CIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED MAIL
IDD?
~1sU
DUnn
1~S3
~9J~3
M4Rr221Jft~-
-
-
Johnscrn Oil Company, LLC
Ann: RickJohnson
-
-
P.O. Box 27
Columbus, IN 47202
b:
LPC#1830205196—VemiilioiaCoimty
Danvillt/Johuson Oil Company
-
901 N~
Vermilion St.
-
-
LUST Incident No.
992440
-
LUST Technical File
t)erMr.
Johnson:
-
The IllinOis Environmental Protection Agency (ilhinpis EPA) hasreviewed theAmended High
Priority Corrective ActionPlan (plan) submittedforthe above-referenced incident.
This
plan2
dated December 4,
2003,
was received
by the illinois EPA on December 5, 2003.
Citations in
this letter are fl-oin theEnvironmental Protection Act (Act) and
35 Illinois Adnilnistrative Code
(35
Ill. Adm. Code).
-
Pursuant to Section 57.7(c)(4) ofthe Act and
35
Ill. Adm.
Code 732.405(c), theplan is approved.
P
The activitiesproposed in the pan are appropriate to demonsifaitcomplianee with Tithe XVI
of
the Act and
35
Ill. Aiim. Code 732.
Please note Thatall activities associated with theremediation
ofthis release proposed in theplan n-inst be executed in accordance with all
applicable re~u1atoxy
and statutory requirements, including compliance with theproper pennits.
Inaddition, thebudget for the High Priority Corrective ActionPlan is modified pursuant to
Section 57.7c)(4)
ofthe Act and 35111. Mm. Code 732.405(c).
Eased on themodifications
listed in Section 2 ofAttachmentA, the amounts listed in Section 1 ofAttachment Aare
approved.
Ileasenotethat the costs mustbe incurred in accordance with the approved plan.
Be
aware that the amount ofrebubursementmaybelimited by Sections 57.8(e),
57.8(j)
and
57.80)-
of
the Act, as well as 35 Ill. Adm. Code 732.604,
732.606(s),
~nd
732.611.
4
__________________I
Iasrtwr, St.,
Ow, Maine,.
IL 60016— 84Z
294-4000
—
4302 NpdhMain Streeç Ruc~S,
IL 51103
(515)
•
-
Sics— 395 South Stata, Ei&n~
II.
60123—
(6-47) 60B~
-
tySt.,
Panda. IL
61614s. 1309) 693-34~
Sua.w
OF
LAN0
-
PEORIA—762I7 N. (JnlvessUy St., PeorIa,
IL 61614~
____________________
____________________
S South Flig
Scceet, Olampai~a,
IL
61
azo
—(217)
275-SBUO
Snn.cnsw—
4300
S.
Sixth
Stn~t
Rd., SpVihgIIeId,
IL 62706 —Cit
—
Mail
Street,
t~Iirnsvflle,
IL 62234.. (518) 346-51 ZO
-
MM1JON—2309W.
MaiuI____________________________
______________________
8) 993’7200
~XH1BJT
PRk4tWon
Racvcg.w PAng
APR—13-2004
10:37
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2177829807
P.04107
04/13/2084
@9:28
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~EC
PAGE
@4
Page2
All future cotrespondence must be submitted to;
Illinois Buvironniental Protection Agency
Bureau ofLand
-
#24
Lealdng UndSground Storage Tank Section
1021 NorthGrandAvenue East
PostOfflceBox 19276
Springfield, IL
62794-9276
Please submit all correspondence in duplicate and include the
Re:
block si-town at thebeginning
ofthis letter.
An nndergrouiidstorage tank system owner or operatormay appeal this decision to the fll’mois
Pollution Control Board.
Appealrights are attached.
Ifyou have any questions or need furtherassistance, pleasecontact ScottMcGill at (217)1524..
5137.
Sincerely,
£24
-
CliffordL. Wheeler
Unit Manager
-
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau
of
Land
Attachments:
AttacinnentA
-
-
Appeal Rights
cc:
--
American Envirojnnantal Coxporation
DivisionFile
APR—13—2004
10:37
2177929807
-
2177029807
P.05,2?
04/12/2804
89:28
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AEC
PA~
@5
Attachment
A
Re:
LPC #
1830205196
—
Vermilion County
Danvifle/Johnson Oil Company
901 N. Vem1iliou Sj.
LUST
Incident No. 992440
-
LUST technical File
-
Citations in this attachment are from theEnvironnieSal Protection Act (Act) and 35 illinois
Administrative Code (35111. Adm.Code).
-
-
SECTiON 1
-
-
-
Thebudgetwas previously approvedfor
$24,0O8.40
Investigation Costs
-
$3,030.00
-Analysis Costs
$46,296.50
Personnel Costs
$2,465.00
Equipment Costs
$6,190.10
Field Purchases and Other Costs
• $3,076.00
Harxtling Cbarges
-
As
a
result
ofthe
Illinois EPA’s modification(s)in Section 2 ofthis Attachment A,
the
following
amounts are approved;
-
$9,191.02
-
Investigation Costs
$2,056.00
-
A-uaiysis Costs
$14,000.00
-
Personnel Costs
-
$1,815.00
Equipment Costs
$5,799.80
FieldPurchases and Other Costs
$13,411.02
Handling Charges
Therefore, thetotal e-umiilative.bndget is approved for:
$33,199.42
Investigation Costs
$5,086.00
Analysis Costs
-
$60,296.50
Personnel Costs
$4,280.00
Equipment Costs
$11,989.90
FieldPurchases and Other Costs
$16,487.02
Handling Charges
-í
“
flPR—13—2004
12;37
217?82980?
-
217’?82980’?
P.
06,27
04/13/2804
@9:2B
2175859518
AEC
PAGE
@6
SECTION
2
-
-
1.
$43.00 for
excessive
analysis
costs.
These costs are foractivities in excess
ofthose
necessaryto meet theminimumrequirementsofTitleXVI
of the
Act (Section
57.5(a)
of.
-
theAct and
35111. Adm. Code 732.606(o))~
Costs associated with TCLP lead were reduced to $16/sample.
The analysiscosts
were
reduced frcmi$2,100.00 to $2,056.00.
2.
$35,780.25 for excessive-peracmnel costs.
These costs are
for
activities in excess ofthose
necessary to meet the mininunu requirements ofTitle XVI ofthe Act (Section
57.5(a) of
the Act and 35111. Adm. Code 73
2.606(o)).
-
The Agency has reviewedthe activities to be completed aspart tithe plan and approved
a reasonable amount ofpersonnel dollars 11rthis effort.
-
-
We do not specifynumber ofhours ortype ofpersonnel expectedto complete the
proposedactivities, only a reasonable total amount.
How a consultant chooses to use this
amount (type
of
persomiel used andnumber ofhours) is up to them as long as the
approved total amount is not exceededand thepersonnel rates are reasonable.
L
APR—13—2004
10:37
21fl829807
21fl829007
P
O?’e7
04/13/2004
89:29
2175959510
AEC
PASE
07
-
AppeaiRights
-
An
underground storage tankowner or operator wayappeal this final decision to the Illinois
Po3)ntion Control Board pursuant to Sections 40 and
57.7(c)(4)(D)
oftheAct by
Wing a petition
-.
fox a heating within 35 days sitarthedate ofissuance
ofthe final
decision.
Mowever1 the 35-day
period
may be extendedfora period oftime
notto
exceed 90 days by written notice from the
owneror operatorand the Illinois EPAwithin the initial 35.~day
appeal period. Ifthe owneror
operatorwishesto receive a 90-day extension, a writtenrequest that includes a statement ofthe
date
the flx,al decisionwas received, alongwith acopy of
this
decision, must be sent to the
Illinois EPA as soon as possible.
Forinfouriation regarding thefiling ofan appeal, please contact:
L)orothy
Gunn, Clerk
Illinois Pollution Control
Board
Siate ofIllinois Center
100 WestRando1ph~
Suite
11-500
Chicago,IL
60603
-
-
312/814-3620
Foripformationregardingthe filing ofan extension, please contact:
-
Illinois
EnvironmentalProtection Agency
-
-
Division ofLegal Counsel
-
1021
North
Grand
Avenue
East
PostOffleeBox 19276
-
Springfield, ilL
627949276
-
217/782-5544
.
-
$
TOTf4L
P.07
P.02’S’?
-
“-nPR—i3—~0e4
10:36
84/13/2884
09:29
2177829807
2175859519
AEC
&naican
Lnvironmental
Rain
SntfncrfTeId Renftwpl
Office
April
13, 2004
flhinois Environmental Protection
Agency
Attn:
John Kim
Division of
Legal Counsel
1021 North
Grand Anruie East
P.O4Box 19276
-
Springfield,
IL
452794—9276
Re:
RequestforExtension
for
Pelitloning the
WQ
LIt
#1830205196
—
Venniiion County
Johnson
Oil #147-Danvllle/Jobnson O~1
Company, 1-IC of
Indiana
901 North
Vermilion Street
LUST
Incident
Ne.
992440
American Environmental Project
Number 207012
Dear Mr. Kim
-
VIA
EACSIMJLE
782-9807
Johnson 011 Company, LLC ofIndiana CJoh~n
Oil”), requests
that the IWnois Environmental
-
Protection
Agency (“Agency”)
join
them in requestinga 90-day extension to the 35-day
deadline
for filing a
petition
for a
hearing
before the Illinois Pollution Control
Board (IPCB).
This request
is being-madeto
preserve Johnson
airs
rIght to appeal
the Agency
decision contained ina March
12,
2004 letter regarding a December
4,
2003
Corrective
Action
Plan and Budget
lbr
the
above
referenced
MiST
incident.
A
copy
ofthe Agency
letter
is
attached.
-
The
additional time
is
needed for American
Environmental to submit
information and
a
request
for
the
Agency to reconsider some oftheir
budgetdeductions,
if necessary,
we will
also meet
witbtbcAgncyneffoittoresolvemeissueswithouttheneedtosubmhaforjnalpetltion
request
-
-
Please take
the
necessary action to file this extension
request before
the
354ay
appeal time
expires on AprIl
16, 2004.
Ifyou need additional information, please advise.
-
Sincerely,
AMERICAN
ENVIRONMENTAL CORPORATION
-
Simon
P. Broombead, P.O.
Prqjeot
Manager
_______________
pe;
Rick Johnson. JohnsonOil
Company,
LLC of Indiana
Bncloa~re
Corporate
Office
-
Regional Office
-
Regiot~&
Office
85CC 0carg~tawnRo~
hidianspofl~
IndIana 46289-1647
317-97-1.4b20
-
317-271-4094 Fax
3700W.
Grand
Ave. ~e.
A
SpnngFald,
IL 92707
9j
7a599-95j
7
217-505-Sale Fax
410
Produ~5cn
CDurt
LouIsville,
KY 40989
SOg4g~.cJ~?.q
e02491.$971
Fax
2177829887
PAGE
02
EXHIBIT
J-J
I.,
CERTIFICATE OF
SERVICE
I,the
undersigned
attorney
at law, hereby
certify
that on April
13, 2004,1
served
true
and
correct copies of a REQUEST FOR NThIBTY
DAY EXTENSION OF
APPEAL PERIOD,
by
placing
true
and
correct
coi,ies
in properly sealed
and
addressed envelopes
and
by
depositing
said sealed
envelopes in a
U.S. mail drop box located within Springfield, Illinois, with su~cient
First Class Mailpostage
afI~xed
thereto,
upon the following
named
persons:
-
-
DorothyM. Gunn, Clerk
Simon P. Broomhead, P.G.
-
Illinois Pollution Control Board
American Environmental Coip.
James R. Thompson Center
3700 West GrandAvenue
100 WestRandolph
Street
Suite A
-
Suite 11-500
Springfield, IL
62707
Chicago, IL 60601
-
-
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Assistant Counsel
Special Assistant Attorney General
DivisionofLegal
Counsel
1021 North
Grand
Avenue, East
P.O.
Box 19276
-
Springfield, Illinois
62794.—9276
217/782-5544
217/782-9143 (TDD)
-
--
-
-
ILLiNOIS P01.LUTIOWCCflÔLBOARD
May6,
2004
JOT)NSON OIL
COMPANY,
)
)
-
Petifion~’,
-
--
-
-
)
-
-:
-
-:
)
-
-
-
-
v.
-
-
-
-
-
-
-
-
-
-
)~
-
-
PCBO4-183
-
-
-
-
-
-
-)
-ï
~O’ST
Appeal)
--
-
-
)
-
-
-
(90-Py
Extension)
)
)
Respondent
-
.
)
-
-
ORDER
01?
‘THE BOARD
(byLP.
Novak):
.
-
On April
15,20
theparties timelyfliedajoint.notice to extend the
35-day
period
withinwhich Joimson Oil Company may
appeala March
12,
2004 determination
oft
fllinois
BiwixonmenSProtection
Agency (Agency),
S~e
41.
JLCS
5/40(a)(1) (2002);
35
fli.
AdS. Code
105.402,
1054406.
TheAgency approved
petitlonn’i axt,endedM* priority corrective action
plan,with modifications, fbrJohnson Oil.
Company’s leaking underground peirolaim storage
tankfacilityloc~ued
at
901 N.
VeimilionSt.,
Danvifle,
Vermilion
County.
The
Board atends
-,
-
the
ápjieal
period until July
15,2004, as thepartie~request
See 415
ILCS 5/40(aXl)
(2002);
35
a
Adm. Ctde
105.406.
If
Jton
Oil Company fails to fllç
an
appeal on orbeibre that date,
the Board will, dismiss this
case
and
closethe
docket:.
-
-
-.
--
-
-
-
_
Dorothy
M. (3mm, ClezIc
illinois Pollution
Control
Board
Exhibit
C
-
)tLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
RECEIVE
-
-
i
JOHNSON VENTV~
it
IT
LS
$0
ORDERED.
1, DorothyM. 0mm,
Cleric
ofthe
Illinois Pollution Control Board, certifythat
the Board
adopted
the
aboveor&
on May6,
2004,
by
a vote
of’5-0.

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