fl~CEBVED

CLERK’S OFFICE

BEFORE THE POLLUTION CONTROL BOARD

APR

152004

OF THE STATE OF ILLINOIS

STATE OF ILLINOIS

POII~tj~~

Control

Board

)

Petitioner,

STROHM OIL COMPANY,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

DorothyM. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Respondent.

)

)

PCB No.

04-

1

(LUST Appeal

—

Ninety Day Extension)

)

)

)

NOTICE

Tyler Sink, Project Manager

United Science Industries

P.O. Box 360

6295

East Illinois Highway

15

Woodlawn, IL

62898-0360

V.

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,

John J.

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: April 13, 2004

---

RECE

WED

CLERK’S OFFICE

APR

15

2004

BEFORE THE POLLUTION CONTROL BOARD

STATE

OF ILLINOIS

OF THE STATE OF ILLINOIS

pollution

Control

Board

STROHM OIL COMPANY,

)

Petitioner,

)

V.

)

PCBNo.04-kt~

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

-

Ninety Day Extension)

PROTECTIONAGENCY,

)

-

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, 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)(1))

and

35

Ill.

Adm.

Code

105.208,

hereby

requests

that

thç

Illinois

Pollution

Control Board (“Board”) grant an extension ofthe thirty-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 of service of the Illinois

EPA’s

final decision.

In support thereof, the

Illinois EPA respectfully states as follows:

1.

On March

11,

2004,

the Illinois

EPA

issued

a

final decision

to

the

Petitioner.

(Exhibit A)

2.

On April

5,

2004,

the Illinois EPA received a written request

from the Petitioner

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.

The final decision indicates it was received on March 12, 2004.

(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 the parties to identify issues and limit the

scope of any

hearing that 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.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

John J. t(im

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois

62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: April

13, 2004

This filing submitted on recycled paper.

2

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

217/782-6762

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,

CHICAGO,

IL 60601, 312-814-6026

ROD

R.

BLAGOJEVICH,

GOVERNOR

RENEE CIPRIAN0,

DIRECTOR

CERTIFIED

MAIL

MAR

11

2t~34

..

7002

3150

0000

1255

4418

Strohm Oil Co.

-.

Attn: Randy Strohm

P.O. Box

98

.?,:

West Union, IL

62477

~•,

.~

Re:

LPC#0330255064

--

Crawford County

~

RobinsonlStrohm

Oil Co.

-~

.-

202

North Jackson St.

LUST Incident No. 992828

LUST Technical File

Dear Mr.

Strohm:

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the ~4ighPriority

Corrective Action Plan Budget (budget) submitted for the above-referenced incident.

This

budget, dated January 23, 2004,

was received by the Illinois EPA on January 27, 2004.

Citations

in this letter are from the Environmental Protection Act (Act) and 35 illinois Administrative

Code

(35

1111. Adm.

Code).

The budget is modified pursuant

to Section

57.7(c)(4)

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

1

ofAttachment A are approved.

Please note that the costs must be incurred in

accordance with

the approved plan.

Be aware that the amount ofreimbursement may be limited

by Sections

57.8(e), 57.8(g)

and 57.8(d) of the Act, as well as 35

111. Adm.

Code 732.604,

732.606(s),

and 732.611.

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

of this letter.

ROCKFORD —4302 North Main

Streel,

Rockford,

IL 61103

—

(815)

987-

ELGIN

—

595 South

State, Elgin,

IL 60123

—

(847) 606-313

6uREvL

OF L~xD

-

Psosi~

—

7620 N. University St., Peor~,IL 61614

—

(309)

SPSINCFIELr’

—

4500 5. Sixth

Street Rd.,

Springfield.

IL 62706

—

1217)

MARION

—

2309 W. Main

St

St.,

Des Plaines, IL 60016

—

(847)

294-4000

St.,

Peoria,

IL

61

614

—(309) 693-5463

South First

Street. Champaign,

IL

61620

—1217;

276-5800

Mall Street,

Coliinsvilie,

IL

62234—

(618) 346-5120

993-720C

---

Page 2

An underground storage tank system owner or operator may appeal

this decision to

the illinois

Pollution

Control Board.

Appeal rights are attached.

If you have any questions or need further assistance, please contact Jason Donnelly at (217) 577-

8764.

Harry A. Chappel, P.E.

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau of Land

HAC:JD\992828-am.hpcap-bud#2

Attachment:

Attachment A

Appeal Rights

C:

United Science Industries, Inc., Tyler Sink

Division File

Sincerely

---

Attachment A

Re:

LPC # 0330255064

--

Crawford County

RobinsonlStrohm

Oil

Co.

202 North Jackson St.

LUST Incident No.

992828

LUST Technical File

Citations in this

attachment are from the Environmental Protection Act (Act)

and

35

illinois

Administrative Code

(35

111.

Adm. Code).

SECTION

1

The budget was previously approved for:

$1,318.54

Investigation Costs

$1,360.00

Analysis

Costs

$17,403.58

Personnel Costs

$4,600.88

Equipment Costs

$8,820.03

Field Purchases and Other Costs

-

$190.80

Handling Charges

As a result ofthe Illinois EPA’s modification(s) in Section 2

ofthis Attachment A, the following

amounts are approved:

$0.00

Investigation Costs

$97.00

.

Analysis Costs

$0.00

Personnel Costs

$32.00

Equipment Costs

$16.00

Field Purchases and Other Costs

$0.00

Handling Charges

Therefore, the total

cumulative budget is approved for:

$1,318.54

Investigation Costs

$1,457.00

Analysis Costs

$17,403.58

Personnel

Costs

$4,632.88

Equipment Costs

$8,836.03

Field Purchases and Other Costs

$190.80

Handling Charges

---

Page

2

SECTION

2

1.

$15,225.00 for an

adjustment in total personnel

costs.

The Illinois EPA has determined

that these costs are not reasonable as submitted (Section

57.7(c)(4)(C)

ofthe Act and 35

ill. Adm.

Code 732.606.(hh)).

One of the overall

goals ofthe financial review is to assure

that costs associated with materials, activities, and services are reasonable (35 Iii. Adm.

Code 732.505(c));

Please note that additional information and/or supporting

documentation may be provided to demonstrate the costs are reasonable.

.

The Illinois EPA has reviewed the activities

completed and/or to

be completed as part of

the plan(s)

and has approved a reasonable amount of personnel dollars for these efforts.

Please note the total personnel amount approved to

date was used to determine the

reasonableness.

HAC:JD\992828-am.hpcap-bud#2.A

---

Appeal Rights

An underground storage tank owner or operator may appeal this final decision to the illinois

Pollution Control Board pursuant to Sections 40 and

57.7(c)(4)(D)

of the Act by filing

a petition

for a hearing within 35 ‘days after the date ofissuance 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 ofthe

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 Gunn, 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 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.O. Box 360

6295

East Illinois Highway 15

Woodlawn,

Illinois 62898-0360

March 6, 2003

Phone: (618) 735-2411

E-Mail:

unitedscience@unitedscience.com

Illinois Environmental Protection Agency

Division of Legal Counsel

1021

North

Grand Avenue

East

Springfield,

IL 62792-9276

Re:

LPC# 0330255064

—

Crawford

County

RobinsonIStrohm

Oil

Co.

202 North Jackson

St.

LUST Incident No. 992828

Attn: Susan Schroeder

Dear Mrs. Schroeder:

United

Science

Industries,

Inc.

(USI),

on

behalf of our client,

requesting

a

90-day

extension

to

the

35-day

appeal

period

IEPA correspondence

included.

I

appreciate

your

time

and

consideration

in

this

matter.

questions

or

comments

regarding

this

matter

please

contact

2411

Ext. 170.

Sincerely yours,

UNITED SCIENCE INDUSTRIES.

INC.

~

/

Tyler Sink

Project Manager

Enclosures

Randy Strohm,

is

in

regards

to

the

If

you

have

any

me

at

(618)

735-

UNITED

INDUSTRIES~

EXHIBIT

I

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on April

13, 2004, 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 Mail postage affixed thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

Tyler Sink, Project Manager

Illinois Pollution Control Board

United Science Industries

James R. Thompson Center

P.O. Box 360

100 West Randolph Street

6295

East Illinois Highway 15

Suite 11-500

Woodlawn, IL

62898-0360

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTIONAGENCY,

John J.

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021

North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)