CL~RRsSOF~PIC

DEC

2003

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD STATE OF ILLINOIS

Pollut~0,,Control Board

MARTiN OIL MARKETING, LTD.,

)

Petitioner,

)

))

PCBO(UST—Fund)4

)

ILLINOIS ENVIROMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

PETITION FOR REVIEW AND APPEAL HEARING

Martin Oil Marketing, Ltd., by it’s agent, Donald E. Waterlander, respectfully is requesting

a petition fora hearing to appeal IEPA’s decision on rejecting the amended budget forthe

reasons stated (see attached letter). The amended budget changed line items only as the overall

approved dollars already included in the approved corrective action plan and budget did not

change.

The appeal that is requested is for the following location:

LPC # 1130205082— McLean County

Bloomington/Martin Oil #99

1901 West Market Street

LUST Incident No. 941138

Sincerely,

MARTIN OIL MARKETING, LTD.

Donald E. Waterlander,

General Manager,

Engineering, Construction, & Maintenance

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

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,

RENEECHICAGO,CIPRIANO,

IL 60601,

DIRECTOR

312-814-6026

7002 3150

CERTIFIED

0000 1227MAIL084’4

NOV06 2OO~

Martin Oil Marketing, Ltd.

4501 West

127th

Street

Alsip,IL 60658

Re:

LPC #1130205082 —McLean County

BloomingtonfMartin Oil #99

1901 West Market Street

LUST Incident No. 941138

LUST Technical File

Dear Mr. Waterlander:

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the sixth amendment

to the High Priority Corrective Action Plan Budget submitted for the above-referenced incident

The Illinois EPA received the amèndmen~t,dátëdJune 27, 2003, bnJuly 9,2003. Citatidñs’in~

this letter are from the Environmental Protection Act (Act) and 35 Illinois Administrative Code

(35 Ill. Adm. Code).

The amendment is rejected for the reason listed in Attachment A (Section

57.7(c)(4)

ofthe Act

and 35 III. Adm. Code

732.405(c)

and

732.503(b)).

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 uflder~roundstorage tank system owner or operator may appeal this decision to the Illinois

Pollution Control Board Appeal rights are attached

—4302 North

Main

Stre~t,Rockford, IL 61103 —(815) 987-7760

•

DES

PLAINES

—9511 W. Harrison St., Des Plaines, IL 60016— (847) 294-40C0

ELCIN —595

South

State, Elgin, IL 60123 —(847) 608-3131

•

PEORIA —5415 N. University St., Peoria, IL 61614— (309) 693.5463

PEORIA

—

7620 N. University St.,

Peoria,

IL 61614

—

(309) 693.5462

•

CHAMPAIGN —2125 South First Street, Champaign, IL 61820— (217) 278~5800

) —4500 5. Si~ffl

•

Street

Rd.,

. .

Springfield,

MARION —2309IL

62706W.

—(217)

Main

St.,786-6892Suite 116, Marion,

•

COLLINSVILLEIL

62959—2009—(618)MaIl993-7200Street,

Collinsville, IL 62234 —(618) 346.5120

••-~..•

PRINTED ON RECYCLED PAPER

.~. ... ...

~..

217/782-6762

RoD R. BLAGOJEVICH, GOVERNOR

you have any questions or need further assistance, please contact Trent Benanti at 217/524-

4649.

Sincerely,

9~/7~Q~e9

Michael T. Lowder

2~42~

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

BureauofLand

MTL:TLB :H:\Proj ects\Martin Oil\94 113 8\Letter3.doc

Attachments: Attachment A (Amendment Rejection Attachment)

Appeal Rights

cc:

The Environmental Solutions Group, Inc.

Division File

Attachment A

Re:

LPC #1130205082

—

McLean County

Bloomington/Martin Oil #99

1901 West Market Street

LUST Incident No. 941138

LUST Technical File

Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois

Administrative Code

(35

Ill. Adm. Code).

Reason For Rejection: One ofthe overall goals ofthe financial review is to assure that

costs associated with materials, activities and services are reasonable

(35

Ill. Adm. Code

732.505(c)).

The sixth amendment to the High Priority Corrective Action Plan Budget

includes costs that are not reasonable as submitted (Section

57.7(c)(4)(C)

of the Act and

35 Iii. Adm. Code 732.606(hh)).

Justification: The owner or operator performed the corrective action activities listed in

the sixth amendment to the High Priority Corrective Action Plan Budget without prior

approval from the Illinois EPA. The Illinois EPA does not believe that it is reasonable to

approve any additional costs, considering that the bioremediation system had little effect

in reducing the levels ofbenzene in the groundwater.

MTL:TLB :H:\Projects\Martin Oil\94 113 8\3 a.doc

~-~r

—

—~-.~-,-,---

—

_____________

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)

ofthe 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. Ifthe owner or

operator wishes to receive a 90-day extension, a written request that includes a statement ofthe

date the final decisionwas received, along with a copy of this decision, must be sent to the

Illinois EPA as soon as possible.

For information regarding the filing ofan appeal, please contact:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

State ofIllinois Center~

100 West Randolph, Suite 11-500

Chicago, IL 60601

312/814-3620

For information regarding the filing ofan 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

•

.•‘

‘‘-•‘~,~“~

~IJfr