RECEIVEDCLERK'S
OFFICE
es G Ric are son
J
\`W
pecial Assistant Attorney General
Dated: January 11, 2007
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
NOTICE
Dorothy Gunn
Jennifer Thogmartin
Clerk
United Science Industries, Inc.
Illinois Pollution Control Board
P.O. Box 360
100 West Randolph Street, Suite 11-500
Woodlawn, Illinois 62898
Chicago, Illinois 60601-3218
PLEASE TAKE NOTICE that I have today caused to be filed a REQUEST FOR NINETY
DAY EXTENSION OF APPEAL PERIOD with the Illinois Pollution Control Board, copies of
which are served upon you .
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN
1
0
2007
R.W. SHERIDAN OIL COMPANY, INC.,
)
Pollution
STATE OF
Control
ILLINOIS
Board
Petitioner,
)
v.
) PCB 07- `~
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY,
)
Respondent .
)
(LUST Appeal - Ninety Day
Extension)
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 1
u
2007
R.W. SHERIDAN OIL COMPANY, INC ., )
Pollution
STATE OF
Control
ILLINOISBoard
Petitioner,
)
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
(LUST
PCB NoAppeal
. 07-
G
- Ninety Day Extension)
REQUEST FOR NINETY DAY EXTENSION
OF APPEAL PERIOD
NOW COMES the Respondent, the Illinois Environmental Protection Agency ("Illinois
EPA"), by one of its attorneys, James G
. Richardson, 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
April 16, 2007, or any other date not more than a total of one hundred twenty-five (125) days
from the date of receipt of the Illinois EPA's final decision
. In support thereof, the Illinois EPA
respectfully states as follows
:
1 .
On November 30, 2006, the Illinois EPA issued a final decision to the Petitioner
.
2.
On December 22, 2006, 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 to join in
requesting that the Board extend the thirty-five day period for filing a petition by ninety days
.
Upon information and belief the Petitioner did receive the final decision on December 12, 2006
.
1
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
J es G. Richardson
ecial Assistant Attorney General
Dated: January 11, 2007
1021 North Grand Avenue, East
P .O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
THIS FILING IS SUBMITTED ON RECYCLED PAPER
2
I
s217/782-6762
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
-7r
1021 NORTH GRAND AvEr&L EAST, P
.O. Box 19276, SPRINGFIELD, ILUNcis 62794
.9276-( 217) 782-3397
JAMES R
. THoMPson CENTER, 100 WEST RANDOLPH, SurrE 11-300, CHICAGO, IL 60601 -(312) 814-6026
ROD R . BLACOIEVICH, GOVERNOR
DOUGLAS P . SCOTT, DIRECTOR
fFCEJVIED
L-L, 11
NOY 3 O 20% BYE t~~
R
. W. Sheridan Oil Company
Attention
: Robert Sheridan
P .O. Box 3516
Bloomington, IL 61702
Re
: LPC #0390155019 -- DeWitt County
Farmer City / R
. W. Sheridan Oil Company
Route 54 and Route 150
Leaking UST Incident No
. 992648
Leaking UST Technical File
Dear Mr. Sheridan :
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority
Corrective Action Plan (plan) submitted for the above-referenced incident
. This information,
dated August 25, 2006, was received by the Illinois EPA on August 28, 2006
. Citations in this
letter are from the Environmental Protection Act (Act) in effect prior to June 24, 2002, and 35
Illinois Administrative Code (35 111
. Adm . Code).
Pursuant to Section 57
.7(cX4) of the Act and 35 III
. Adm . Code 732
.405(c), the plan is rejected
for the followirg reason(s) :
I . The re-excavation of soil areas previously removed and transported off site for disposal
are not eligible for reimbursement twice
. Although technically acceptable, these costs
exceed the minimum requirements to comply with Title XVI of the Act, as the early
action area proposed has experienced corrective action once
.
2. As the approved corrective action plan proposed to excavate soils to Tier 1 inhalation
remediation objectives, the excavation of soils above Tier I inhalation remediation
objectives exceeds the minimum requirements to comply with Title XVI of the Act and is
not eligible for reimbursement . Although PID readings generally mayact as a guiderto
acceptable contamination levels, the P1D operator must realize that elevated readings will
be present when inhalation remediation objectives are achieved
.
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3463120276-5800
PRw*ED oN RECYCLED PAPER
CERTIFIED MAIL
7004 2510 0001 8593 6898
Page 2
3
. As an engineer barrier of clean soil is now proposed to achieve compliance with Section
742 requirements, additional excavation of soils exceeds the minimum requirements to
comply with Title XVI of the Act and is not eligible for reimbursement
.
4 . Pursuant to 35 IAC Section 732
.408, the owner/operator is required to develop site-
specific Tier 2 remediation objectives pursuant to 35 IAC Section 742, to be eligible for
reimbursement
. The development of Tier 2 remediation objectives may preclude the need
for an engineered barrier .
Pursuant to Sections 57.7(a)(1) and 57.7(c)(4)
of the Act and 35 111 . Adm
. Code 732.405(e) and
732.503(b),
the associated budget is rejected for the following reason(s)
;
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
activities in excess of those necessary to meet the minimum requirements of the Act
and regulations, and whether costs exceed the maximum payment amounts set forth
in Subpart H of 35 III . Adm
. Code 732 cannot be made (Section 57.7(c)(4)(C) of the
Act znd 35 Ill. Adm. Code 732.505(c))
.
Pursuant to 35111. Adm
. Code 732 .401, the Illinois EPA requires submittal of a revised plan, and
budget if applicable, within 90 days of the date of this letter to
:
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 this letter .
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board
. Appeal rights are attached .
Page 3
If you have any questions or need further information, please contact Carol Hawbaker at
217/782-5713 .
Sincerely,
Harry A. Chappel, P.H.
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
HAC: CLH
c:
United Science Industries, Inc .
BOL File
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 of issuance 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 washes to receive a 90-day extension, a written request that includes a statement 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 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
es G . Richardson
ecial Assistant Attorney General
vision of Legal Counsel
1021 North Grand Avenue East
P
.O
. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on January 11, 2007 I
served true and correct copies of a REQUEST FOR NINETY DAY EXTENSION OF
APPEAL PERIOD by first class mail of the United States Postal Service upon the
persons as follows :
Dorothy Gunn
Jennifer Thogmartin
Clerk
United Science Industries, Inc .
Illinois Pollution Control Board
P .O. Box 360
100 West Randolph Street, Suite 11-500
Woodlawn, Illinois 62898
Chicago, Illinois 60601-3218
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
