JOHNSON
OIL COMPANY,
)
Petitioner,
)
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite
11-500
Chicago,
IL 60601
Respondent.
)
OEO
APR
152004
STATE OF ILLlNO~s
Pollution Control Board
PCBNo.04-
N
)
(LUST Appeal
—
Ninety Day Extension)
NOTICE
Simon P. Broomhead, P.G.
American Environmental Corp.
3700 West Grand Avenue
SuiteA
Springfield, IL
62707
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
John J.
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: April
13, 2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
CK~~
BEFORE
THE POLLUTION CONTROL BOARD
APR
15
2004
OF THE
STATE OF ILLINOIS
STATE
OF lLLlt~IO,S
POlI~ti~~
Control
Board
JOHNSON
OIL COMPANY,
)
Petitioner,
)
v.
)
PCB No. 04-
/
ILLiNOIS ENVIRONMENTAL
)
(LUST Appeal
—
Ninety Day Extension)
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, 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
the
Illinois
Pollution
Control Board (“Board”) grant an
extension ofthe thirty-five (35) day period forpetitioning 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.
In support thereof, the Illinois EPA
respectfully states as follows:
1.
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 written request to the Illinois EPA for an
extension oftime 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 Petitioner
did not represent when the final decision was 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 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 for petitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
John~~1~
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
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03
____
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH GRAND A~NUEEMT,
P.O.
Box
19276,
SPRINONELD,
ILLINOIS
62794-9276, 217-782-3397
JAMES
R.
THOMPSON
CENTER,
100 WEST
RANDOLPH,
SLHTF
11-300, CHICAGo,
IL
60601, 312-814-6026
Roo
R.
BLAcOJEvICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED
MAIL
7002
fl50
0000
1255
49bB
MAR
i
2
2Oft4~
Johnson Oil Company, LLC
Attu:
Rick Johnson
P.O. Box
27
Columbus, IN 47202
Re:
Li’C#1830205196--Vermi.lionCounty
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 Action Plan
(plan) submitted for the above-referenced incident.
This plan,
dated Deccmher 4, 2003, was received by the Illinois EPA on December
5,
2003.
Citations in
this letter are from thc Environmental Protection Act (Act) and
35 lilinois Administrative Code
(35
Ill. Adm.
Code).
Pursuant to Section
57.7(c)(4)
ofth.e Act and
35
Ill. Adm. Code
732.405(c),
the plan is approved.
The activities proposed in the plan areappropriate to demonstrate compliance with Title XVJ of
the Act and 35
III. Adm. Code 732.
Please note that
all
activities associated with the remediation
ofthis release proposed in the plan must be cxecuted in
accordance with all
applicable regulatory
and statutory requirements, including compliance with the proper pemiits.
In addition, the budget for the High Priority Corrective Action Plan is modified pursuant to
Section
5L7(c)(4)
ofthe Act and
35
III. Mm.
Code 732.405(c).
Based on
themodifications
listed in Section
2 of Attachment A, the amounts listed in Section
1
ofAttachment A are
approved.
Please note that the costs
in ust
be incurred in
accordance with the approved plan.
Be
aware that th.e amount ofreimbursement maybe limited by Sections 57.8(e), 57.8(g) and
57.8(d)
ofthe Act, as well as 35111. Adm. Code 732.604, 732.606(s), and 732.611.
Harrison St.
Oes Plaines.
1L 60016—
(847)
29~000
MARIoN
—2309 W.
Mel
~8)
993~72O0
ROcKFQRD
..4302
North
Main
Street,
Rock(ord,
IL 61103—
(615)1
EXHI
—
595
South
State,
Elgin,
IL
60123 —(847)
608
ty St., Peoria,
IL
61614 —(309) 693-5463
8uRMu
OF LAND.
PEORIA
—7620
N.
tinlverslty
St.,
Peoria,
IL
61 614—i
______________________
S South
First
Street, Champaign, IL
61 820—1217) 278-5800
SPaINOFIELO
—
4500 5.
Sixth Street
Rd.,
Springfield,
II. 62706
—12
Mall Street. Collinaville,
IL
62234 —(618)346-5120
PRINtED
ON
RECYCLED
PAPER
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04
Page 2
All
future
correspondencemusthe submitted to:
Illinois Environmental Protection Agency
Bureau ofLand
-
#24
Leaking Underground Storage Tank Section
102! North Grand Avenue East
Post Office Box
119276
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 or operator may appeal this
decisionto theIllinois
Pollution Control Board.
Appeal rights are attached.
Ifyou have any questions or need thrther assistance, please contact Scott McGill at
(217)1524-
5137.
Sincerely,
ca7Ø-~z
~s&
Clifford L.Wheeler
Unit Manager
Leaking Underground
Storage
Tank Section
Division ofRemediation Management
Bureau ofLand
Attachments;
Attachment A
Appeal Rights
cc:
*
Aj~erjcan
Environmental Corporation
Division File
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05
Attachment A
Re:
LPC
#1830205196--
Vermilion County
Danville/Johnson Oil Company
901 N. Vermilion St.
LUST Incident No. 992440
LUSTTechnical File
Citations in this attachment are fromthe Environmental Protection Act (Act) and 35 Illinois
AdministrativeCode
(35
111. Adm. Code).
SECTION 1
Thebudgetwas previously 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
of
the Illinois EPA’s modification(s) in Section 2 of this
Attachment
A,
the
following
amounts are approved:
$9,191.02
InvestigationCosts
$2,056.00
Analysis Costs
$14,000.00
Personnel Costs
$1,815.00
Equipment Costs
$5,799.80
Field Purchases
and
0ther Costs
$13,411.02
Handling Charges
Therefore, the total 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
J-Iandiing Charges
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06
SECTION 2
1.
$43.00
for excessive analysis
costs.
These costs are for activities in excess
ofthose
necessary to meet the minimum requirements ofTitle XVI of the
Act (Section
57.5(a) of
the Act and
35
III. Adm. Code 732.606(o)).
Costs associated with TCLP lead were reduced to $1 6/sample.
The analysis costs
were
reduced from $2,100.00 to $2,056.00.
2.
$35,780.25 for excessivepersonnel costs.
These costs are for activities in exccss ofthose
necessary to meet the minimum requirements of Title XVI ofthe Act (Section 57.5(a) of
the Act and 35
Jli. Adm.
Code 732.606(o)).
The Agency has reviewed the activities to be completed as part ofthe plan and approved
a reasonable amount ofpersonnel dollars for this effort.
We do not speci~’
number ofhours ortype of personnel expected to
complete the
proposed activities,
oni.y a
reasonable total amount.
How a consultant chooses to
use this
amount (type
of
personnel used and number
ofhours) is
up to them
as long as the
approved total amount is not exceeded and the personnel rates are reasonable.
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07
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)~)
ofthe Act by filing a petition
for
a heating within 35 days after the date ofissuance ofthe final decision.
However, the 35-day
period may be extended fora peñod 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.
Ifthe owner or
operator
wishes
to receive a 90-day extension, a
written
request
that includes a statement ofthe
datethe final decision was received,alongwith a copyof this decision, mustbe sent to the
IllinoisEPA as soon aspossible.
For informationregarding the filing ofan appeal, please contact:
DorothyGunn, Clerk
Illinois Pollution ControlBoard
State ofIllinois Center
100 WestRandolph, Suite 11-500
Chicago, IL
60601
312/814-3620
Forinformation regarding the filing
ofan extension, please contact:
-
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021
North Grand Avenue East
Post Office Box
19276
Springfield, IL
62794-9276
217/782-5544
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02
S.
~
American
____r
Environmental
From SpringfieldRejjiovjal
Office
April
13, 2004
Illinois Environmental Protection Agency
Atth: John
Kim
Division ofLegal Counsel
1021 North
Grand
Avenue
East
P.O. Box
19276
Springfield,
IL
62794-9276
Re:
Request for Extension for Petitioning the IPCB
LPC #1 830205196—
Vermilion County
Johnson Oil #147-Danvile/Johnson
Oil Company, LLC of
Indiana
901 North Vermilion Street
LUST Incident No, 992440
American Environmental
Project Number 207012
Dear
Mr.
Kim
VIA
FACSIMILE
782-9807
Johnson
Oil Company, LLC of
Indiana
(“Johnson Oil”), requests that the Illinois
Environmental
Protection
Agency (“Agcncy”) join them in requesting a 90-day extension to the
35-day
deadline
for
filing
a petition fora hearingbefore the illinois Pollution Control Board (IPCB).
This
request
is beingmade to preserveJohnson Oil’s right to appeal theAgency decision contained in a
March
12,
2004 letter regarding a December
4,
2003
Corrective Action
Plan and Budget for the
above
referenced LUST
incident.
A copy ofthe
Agency letter
isattached.
The additional
time
is needed for American Environmental to submit information and a
request
for the Agency to reconsider
some of their budget deductions.
Ifnecessary, we
will
also meet
with the
Agency in an effort
to resolve the
issues without
the need to
submit a formal petition
request.
Please
take
the
necessary
action
to
file
this
extension
request
before
the
35-day
appeal
time
expires
on
April
16, 2004.
if you need additional
information, please advise.
Sincerely,
AMERICAN ENVIRONMENTAL
CORPORATION
~
~tf
Simon P. Broomhead, P.O.
ProjectManager
pc;
Rick Johnson, Johnson Oil Company, LLC of Indiana
Enclosure
Corporete
Office
Regional Office
&~0O
Gecrgstown
Road
trdiariapoIi~,
Indiana 46269-1547
317-871-4090
31 7-571-4084
Fax
3700 W. Grand Ave. Sta. A
Springfield.
It.
52707
217.585-9517
217-SOC-sale
Fax
410 ProductIon
coun
L~ui~vilIe,
KY 40299
5O~-491-o144
502491-9271
Fax
Regional
Office
CERTIFICATE OF SERVICE
I, theundersigned 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 Mailpostage affixed thereto,upon
the following named persons:
DorothyM. Gunn, Clerk
Simon P. Broomhead, P.G.
Illinois PollutionControl Board
American Environmental Corp.
James R. ThompsonCenter
3700 West Grand Avenue
100
West
Randolph Street
Suite A
Suite 11-500
Springfield, IL 62707
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
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)