1. BEFORE THE POLLUTION CONTROL BOARD
      2. OF THE STATE OF ILLINOIS
      3. NOTICE
      4. BEFORE THE POLLUTION CONTROL BOARD
      5. OF THE STATE OF ILLINOIS
      6. ~EXH~BIT
      7. EXHIBIT
      8. BARNES & THORNBURG LLP
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
L.
KELLER OIL PROPERTIES
(DOWNTOWN SHELL),
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.
RECEJVED
CLERK’S OFFICE
AUG 092004
STATE OF ILLINOIS
Pollution Control Board
)
)
)
)
)
)
)
NOTICE
PCB No. 05-
(LUST
—
Ninety Day Extension)
Carolyn S. Hesse
Barnes & Thornburg
Suite 4400
One North Wacker Drive
Chicago, IL 60606-2809
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
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: August
5,
2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
L. KELLER OIL PROPERTIES
)
(DOWNTOWN SHELL),
)
Petitioner,
)
V.
)
ILLINOIS ENVIRONMENTAL
)
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 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 November 3, 2004, or any other date not more than a total of one hundred twenty-five
(125)
days from the date of service ofthe Illinois EPA’s final decision. In support thereof, the
Illinois EPA respectfully states as follows:
1.
On June 30, 2004, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On July
15,
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
has not represented when the final decision was received, though it would not have been received
earlier than July 1, 2004. (Exhibit B)
CLERK’S OFFICE
AUG 0 92004
STATE OF ILLINOIS
Pollution Control Board
PCB No.
05-
2-~
(LUST
—
Ninety Day Extension)
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,
Respondent
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: August
5,
2004
This filing submitted on recycled paper.
2
17:33
2175228812
CW3M COMPANY
PAGE 81
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINO1S 62794-9276, 217-782-3397
JAMES R. TFI0MP50N CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601, 312-814-6026
ROD R. BLACOJEvICt-1, GOVERNOR
RENEE
CIPRIANO, DIRECTOR
CERTIFIED MAIL
7002 ~150 0000 1~5? ~l~85
JUN 30 2004
Keller Oil Properties, Inc.
Attention: Char)es Keller
~4
Avenue of MidAmerica
Etiin~ham,IllinoLs
61920
Re: LPC#0490255121--EffinghamCounty
Effingham / L. Keller Oil Properties
--
Downtown Shell
2O~South 3rd Street & Fayette Avenue
LUST Incident No. #970848
LUST Tecb,nical File
Dear Mr. Keller:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the 6th Amendment to
the High Priothy Corrective Action Plan Budget (budget) submitted for the above-referenced
incident. This budget, dated May 14, 2004, was received by the Illinois EPA on May 17, 2O04~
Citations in this letter are from the Environmental Protection Act (Act) and
35
Illinois
Administrative Code
(35
111. Adin. Code).
The budget is rejected for the reason(s) listed in Attachment A (Section
57.7(c)(4)
ofthe Act and
35
111. .Adm. Code
732.405(c)
and
732.303(b)).
All future correspondence must be submitted 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
ofthis letter.
Roc~ow
— 4302
North
Main Street. Rockford, IL 61103 — (815)
— 595 South State, Elgin, II 60123 — (847) 60
8uRt~vor L.~o-
Pwi~
— 7620 N. Ur~iversirySt.. Peoria. IL 61614—)
SrelNc~rIcLn— 4300 5. Sixth Sire~Rd., Springfield, IL 62706 — (2
MARION — 2309 W, Mai
~W.Harrison
St., Des Flames, IL 60016 -.
(847)
294-4000
~sity
St.. Peoria, IL 61614— (309) 693-3463
125 South First Street, Champaign, IL 61820 —(217) 278-5800
~19Mall Street, Coflirtsville. IL 62234— (618) 346-5120
993-7200
2 7/782-h762
~EXH~BIT
07/14/2004
17:33
2175229012
CW3M COMPANY
PAGE
~2
Page 2
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached.
Ifyou have any questions or need further assistance, please contact the Illinois EPA project
manager, Eric Kuhlman~at
217/785-5715.
Sincerely,
Harry A. Chappel. P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau ofLand
l-iAC:EK:EK\
Attachment:
Attachment A
Appeal Rights
C:
CW3M Company
Division File
7/14/2004
16:24
2175228009
CWM
PAGE
01
Attachment A
Re: LPC #0490255121
--
Effingham County
Effingham / L. Keller Oil Properties
--
Downtown Shell
‘
.
.1(J04
203 South 3rd Street & Fayette Avenue
LUST Incident No. #970848
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act) and
35
Illinois
Administrative Code (35 Iii. Adm. Code).
1.
Costs related to activities, materials, or services not necessary to stop, minimize.
eliminate, or clean up a release ofpetroleum or its effects in accordance with the
minimum requirements ofthe Act and regulations are ineligible for payment from the
Fund
(35
III. Adm. Code 732.606(y)). These costs arc not a corrective action costs.
‘Corrective action” means an activity associated with compliance with the provisions of
Sections 57.6 and
57.7
ofthe Act (Section 57.2 of the Act and
~5
Ill. Adm. Code
732.103). One ofthe eligibility requirements for accessing the Fund is that costs are
associated with “corrective action” (Section
57.9(a)(7)
of the Act and 35 III. Adm. Code
732.505(c)).
The budget includes such costs.
2.
Costs ofalternative technology that exceed the costs ofconventional technology are
ineligible for reimbursement from the Fund (35 JIl. Adm. Code 732.606(bb)). These
costs are for activities in excess ofthose necessary to meet the minimum requirements of
Title XVI of the Act (Section
57.5(a)
ofthe Act; 35 Iii. Adm. Code 732~505(c)and
732.606(o)).
EK:EK\
-
07/14/2004 16:24 2175228009
CWM
PAGE 02
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 t’ilin~zi ped~on
for a hearing within 35 days after the date ofi~suanceofthe final decision. However. the 35-day
period may be extended for a period oftime not to exceed 90 days by written notice from the
owner or operator and the Illinois EPA within the initial 35-day appeal period, lithe owner or
operatorwishes to receive a 90-day extension, a writtenrequest 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 G’unn, 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 ofLegal Counsel
1021 North C~rand
Avenue
East
Post
Office
Box 19276
Springfield, IL 62794-9276
217/782-5544
BARNES &ThORNBURG
Suite 4400
One North Wacker
Dnve
Chicago, Illinois 606062809 1J~.A.
(312) 357-1313
Carolyn
S.
Hesse
Fax (312) 759-5646
(312) 214.5 WI
Email:
~ ~FtIawcom
nwwhtl5~vc(lin
July
15,
2004
VIA
FACSIMILE & FEDERAL
EXPRESS
Division
of
Legal Counsel
Mr.
John
Kim
JUL
1~
2CC’~
Illinois
Environmental Protection Agency
Environme nta ~ rotection
1021 North Grand Avenue East
A
enc
Springfield, Illinois 62702
Re: LPC #0490255121
-
Effingham County
Effingham / L. Keller Oil Properties
-
Downtown Shell
203 South
3rd Street & Fayette Avenue
LUST Incident No. 970848
LUST Technical File
Dear John:
On June 30, 2004, the Illinois Environmental Protection Agency issued a letter with
respect to the above-referenced LUST Incident regarding the new High Priority Corrective
Action Plan and
Budget Amendment dated
May 14, 2004, which was received by the
Agency on May 17, 2004. L. Keller Oil / Effingham is located in
Effingham, Illinois. A
copy ofthe letter is attached. L. Keller Oil / Effingham submitted these documents pursuant
to 35 IAC Section 732.405(e) which states as follows:
If,
following approval of
any
groundwater monitoring plan, corrective action
plan or
associated budget plan, an owner or operator determines that revised
procedures or cost estimates are
necessary in order to comply
with the
minimum required activities for the site, the owner or operator shall submit, as
applicable, an amended groundwater monitoring plan, corrective action plan or
associated budget plan for review by the Agency. The Agency shall review
and approve, reject or require modifications of the amended plan in
accordance with the procedures contained in Subpart B ofthis Part.
EXHIBIT
~ (s:~ 1
~
lkh
ìrr
Fort \\
,~
n~
____________________
ohs
South
Bcncl
\V:ishin9rln fl.i~..
Mr. John Kim
July
15,
2004
Page 2
It appears that the Agency did not review these documents in accordance with the procedures
contained in Subpart E.
L. Keller Oil / Effingham believes that, based upon discussions with Illinois
Environmental Protection Agency and for other reasons, that we will be able to resolve the
issues raised in the Agency’s letter. However, we believe that we will not be able to resolve
these issues by the deadline for filing an appeal of these issues to the Illinois Pollution
Control Board. Thus, this is a request for a 90-day extension pursuant to the Illinois
Environmental Protection Act Section 40(a)(1) and
35
IAC 105.406 to allow us to continue
these discussions and to try to resolve this issue.
If, for any reason, the Agency will not seek the 90-day extension, please notify me
immediately so that I may file an appeal to the Board. If you have any questions or
comments, please do not hesitate to contact me.
Sincerely yours,
BARNES & THORNBURG LLP
~
Carolyn S. Hesse
CSHi~jmr
Enclosure
cc:
William Sinnott
Carol L.
Rowe
227838v1
BARNES &THORNBURG ~
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on August
5,
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 Mail
postage affixed thereto, upon the following named persons:
Dorothy M. Gunn, Clerk
Carolyn S. Hesse
Illinois Pollution Control Board
Barnes & Thomburg
James R.
Thompson
Center
Suite 4400
100 West Randolph Street
One North Wacker Drive
Suite 11-500
Chicago, IL 60606-2809
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY.
John J~-Kii
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)

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