BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
COOPER OIL COMPANY,
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
Petitioner,
Respondent.
V.
CLERK’S OFFTrrz~
SEP
2
5 2003
STATE OF
ILLINOIS
Polluti0,~ControlBoard
)
PCBNo.04-~
)
(LUST Appeal
—
Ninety Day Extension)
)
)
NOTICE
Barry F. Sink, Project Manager
United Science Industries
P.O. Box 360
6295
East Illinois Highway 15
Woodlawn, IL 62898-03 60
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
AssistaFit 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: September 23, 2003
CLERK’S OFP~’~
BEFORE THE POLLUTION CONTROL BOARD
SEP
2
5 2003
OF THE STATE OF ILLINOIS
STATE OF ILLINU15
COOPER OIL COMPANY,
)
POllution Control Board
Petitioner,
)
~
v.
)
PCBNo.04-
“
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal
—
Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent.
)
REOUEST
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 Iii. Adm. Code 105.208, hereby requests that the Illinois Pollution
Control Board (“Board”) grant an extension ofthe thirty-five
(35)
day period for petitioning for a
hearing to December 22, 2003, or any other date not more than a total of one hundred twenty-
five
(125)
days from August 19, 2003, the date of the Illinois EPA’s final decision. In support
thereof, the Illinois EPA respectfully states as follows:
1.
On August 19, 2003, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On August 21, 2003, 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 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 ofany
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
.
Kim
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: September 23, 2003
This filing submitted on recycled paper.
2
iLLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O.
Box
19276, SPRINGFIELD, ILLINOIS 62794-9276
JAMES R. THOMPSON CENTER,
100
WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601
Roo R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
AUG19
2003
Cooper Oil Company, Inc.
Attn: William Cooper
401 West Karsch Boulevard, P.O. Box
657
Farmington, Missouri 63640
Re:
LPC#0250105008-- ClayCounty
FloralCooper Oil Co.
•624 East North
LUST Incident #890185
LUST FISCAL FILE
Dear Mr. Cooper:
The Agency has completed the review of the request for reimbursement of corrective action costs
from the Illinois Underground Storage Tank Fund for the above-referenced facility. The invoices
reviewed covered the period from December 1, 1994 to November 30, 1999. The amount
requested was
$52,727.48.
The deductible amount for this claim is $10,000.00, which was previously deducted from the
Invoice Voucher dated April 29, 2003. Listed in Attachment A are the costs which are not being
reimbursed from this request and the reasons these costs are not being reimbursed.
On April 17, 2003, the Agency received your complete request for payment for this claim. As a
result ofthe Agency’s review ofthis application for payment,.a voucher cannot be prepared for
submission to the Comptroller’s office for payment. Subsequent applications for payment that
have beenlare submitted will be processed based upon the date complete subsequent application
for payment requests are received by the Agency.
This constitutes the Agenc~~sfinal action with regard to the above invoices. An underground
storage tank owner or operator may appeal this final decision to the Illinois Pollution Control
Board (Board) pursuant to Section 22.18b(g) and Section 40 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. Ifthe owner or
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Page 2
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 ofthis 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, Illinois 60601
312/814-3620
For information regarding the filing ofan extension, please contact:
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 North Grand Avenue East
Springfield, illinois 62794-9276
217/782-5544
If you have any questions, please contact Mike Heaton of Mike Lowder’s staff at 217/782-
6762.
.
DEO:CSE:ct\03 I394.doc
Attachment
Dou~sE. Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau.ofLand
cc:
United Science Industries
Attachment A
Accounting Deductions
Re:
LPC#0250105008--ClayCounty
FloralCooper Oil Co.
624 East North
LUST Incident No. 890185
LUST FISCAL FILE
Item#
Description ofDeductions
552,727.48,
deduction for an adjustment in costs due to a lack ofsupporting
documentation (Section 22.18b(d)(4)(C) ofthe Environmental Protection Act).
Documentation has been provided that Cooper Oil Company was billed by Dickman
Engineering, Inc., but it is not clear what work was done. Therefore, a reasonableness
review cannot be conducted.
In addition, it appears as though a portion of the soil and groundwater contamination
may be a result of a release first reported in 1986, thus would not be eligible for
reimbursement from the LUST Fund.
CSE:ct\031396.doc
P.O.
Box 360
6295 East Illinois Highway 15
Woodlawn, Illinois 62898-0360
August21, 2003
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, IL 62792-9276
Re:
LPC# 0250105008--Clay County
Flora/Cooper Oil Co.
624 East North
LUST Incident No. 890185
Dear
Mr. John
Kim:
Phone: (618) 735-2411
Fax: (618) 735-2907
E-Mail: unitedscience@unitedscience.com
~
~
r:rvt,
DIVISIOflOfIe~J
.~1~
15
L~uVEb
;~Tr~
Co~~~501
En
vironmental
Protectjo~
~gency
United Science Industries, Inc. ~(USI),on behalf of our client, Mr. William Cooper,
is requesting a 90-day extension to the 35-day appeal period in regards to the
IEPA correspondence dated August 19, 2003. A copy of the correspondence is
attached.
I appreciate your time and consideration in this matter.
If you have any
questions or comments concerning the above, please contact me at (618) 735-
2411
Sincerely yours,
UNITED SCIENCE INDUSTRIES, INC.
Barry .Sik
Professi al Engineer
Enclosures
UNITED SCIENCE INDUSTRIES
Copy: Mr. William Cooper
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on September 23, 2003, 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
Barry F. 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
ILLINOI ENVIRONMENTAL PROTECTION AGENCY,
Resp de
John
im
I
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)