RECEIVED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
COOPER 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
)
)
)
MAR 05 2004
STATE OF ILLINOIS
Pollution Control Board
PCBNo.04-(LUST
Appeal
(~1
—
Ninety Day Extension)
Mark Owens, Project Manager
United Science Industries
P.O. Box 360
6295
East Illinois Highway 15
Woodlawn, IL 62898-0360
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution
Control Board a REQUEST FOR NThETY DAY EXTENSION OF APPEAL PERIOD, copies of which
are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
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: March 3, 2004
Respondent.
)
NOTICE
RECEIVED
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD
MAR 052004
OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
Pollution Control Board
COOPER OIL COMPANY,
)
Petitioner,
)
V.
)
PCB No. 04-
1
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 for petitioning for a
hearing to June 1, 2004, or any other date not more than a total ofone hundred twenty-five (125)
days from January 28, 2004, the date of service of the Illinois EPA’s final decision. In support
thereof, the Illinois EPA respectfully states as follows:
1.
On January 27, 2004, the Illinois EPA iss’ued a final decision to the Petitioner.
(Exhibit A)
2.
On February 4, 2004, 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 final decision provided by the Petitioner indicates the’ letter was received on January 28,
2004. (Exhibit B)
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 ofany
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,
John
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: March 3, 2004
This filing submitted on recycled paper.
2
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST,
P.O. BoN 19276,
SPRINGFIELD, ILLINOIS
62794-9276
JAMES
R.
THOMPSON CENTER,
100
WEST RANDOLPH, SUITE
11-300,
CHICAGO, IL 60601
ROD R. BLAGOJEVICH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
JAN
27 2004
J~AN ~ 8 ~EC’O
Cooper Oil Company, Inc.
Attn: William Cooper
401 West Karsch Blvd., P.O. Box
657
Farmington, Missouri 63640
Re:
LPC ~0250105008
--
Clay County
Flora/Cooper Oil Company
624 East North
LUST Incident p8901 85
LUST FISCAL FILE
-
Dear Mr. Cooper:
The Agency has completed the review of the request for reimbursement ofcorrective action Costs
from the Illinois Underground Storage Tank Fund for the above-referenced facility. The invoices
reviewed covered the period from October 1,2001. to April
30,
2003. The amount requested was
$15. 993.05
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 May 28, 2003, the Agency received your complete request for payment for this claim. As a
result of the Agency’s review of this claim, a voucher for
55,33
1.02 will be prepared,for
submission to the Comptroller’s Office for payment as funds become available based upon the
date the Agency received your complete request for payment ofthis claim. Subsequent clam-is
that have beenlare submitted will be processed based upon the date complete subsequent billings
requests are received by the Agency.
This constitutes the Agency’s final 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.l8b(g) and Section 40 ofthe Act by filing apetitionfora
hearing within 35 days afler the date of issuance ofthe 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
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Page 2
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 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 ofan 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 of Legal 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.
E. Oakley, Manager
LUST Claims Unit
Planning & Reporting Section
Bureau of Land
DEO:CSE:mls\043442.doc
S..
cc:
United Science Industries
Attachment A
Technical Deductions
Re:
LPC #0250105008
--
Clay County
Flora / Cooper Oil Co.
624 East North Ave.
LUST Incident No. 880340, 890185
LUST Technical File
Item ~
Description ofDeductions
1.
$10,662.03, deduction for an apportionment ofcosts. Illinois EPA has determined that
an apportionment of 1/3 eligible and 2/3 ineligible is appropriate for this facility. This
is based upon the fact that the tank(s) which leaked in 1986 is unknown and product
loss/gain occurred in all three tanks, thus all three tanks are assumed to have leaked.
One of these three tanks had a release in 1989 when the piping broke during tank
relining. Therefore, eligible costs shall be 33.3 3 ofthe total costs.
MTL:mh\890185a3.doc
P.O.
Box 360
6295 East Illinois Highway 15
Woodlawn, Illinois 62898-0360
February
4, 2004
Phone: (618) 735-2411
Fax: (618) 735-2907
E-Mail:unitedscienc~@unitedscience.com
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Springfield, IL 62792-9276
Re:
LPC# 0250105008--Clay Co.
Flora/Cooper Oil Company
624 East North
LUST Incident No. 8901085
ATTN: John Kim
Dear Mr. Kim:
United Science Industries, Inc. (USI), on behalf of our client, William Cooper, is
requesting a 90-day extension to the 35-day appeal period in regards to the
IEPA correspondence included.
I appreciate your time and consideration in this matter.
questions or comments regarding this matter please contact
2411
ext. 175.
Sincerely yours,
UNITED SCIENCE INDUSTRIES, INC.
Mark Owens
Project Manager
Enclosures
c~7
If you have any
me at (618) 735-
UNITED_SCIENCE INDUSTRIES
of
A9ency
I
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on March 3, 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 envelopesin a U.S. mail drop box located within Springfield, Illinois, with sufficient
First Class Mail postage affixed thereto, upon the following namedpersons:
Dorothy M. Gunn, Clerk
Mark Owens, 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 PROTECTION AGENCY,
Respo
t
JohnJ. Kim
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)