BEFORE THE
    POLLUTION
    CONTROL
    BOARD
    STATE OF ILLINOIS
    PEACOCK
    OIL
    COMPANY,
    )
    Petitioner,
    )
    v.
    )
    )
    ILLINOIS ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Respondent.
    )
    REcEgvD
    JUL
    116
    2(J(J9
    STATE
    OFIWNOIS
    Pollution
    Control
    ord
    NOTICE
    OF FILING
    Clerk
    Illinois
    Pollution
    Control Board
    100
    West Randolph
    Street
    Suite 11-500
    Chicago,
    Illinois 60601
    Illinois Environmental
    Protection Agency
    Division
    of
    Legal
    Counsel
    1021 N. Grand Avenue,
    N.E.
    P.O. Box 19276
    Springfield,
    Illinois 62794-9276
    PLEASE
    TAKE NOTICE
    that
    on
    July
    6,
    2009, Petitioner,
    Peacock Oil
    Company, filed
    with
    the
    Clerk of
    the Illinois Pollution
    Control Board, the attached
    AMENDED
    PETITION
    FOR
    REVIEW,
    a
    copy
    which is served upon
    you.
    Mark
    Steger, Esq.
    Holland
    &
    Knight
    LLP
    131 South
    Dearborn Street
    30th
    Floor
    Chicago,
    IL 60603
    (312)
    263-3600
    PEACOCK
    OIL COMPANY
    ‘1
    /
    /
    —‘(
    ,J
    ._----.,
    By:
    :
    /
    -
    -
    One of Its Attdme—
    ‘I;
    PCB-09-1 14
    )
    )
    BEFORE THE POLLUTION CONTROL BOARD
    RECEVE
    STATE OF
    ILLINOIS
    CLERK’S
    OFFICE
    PEACOCK OIL COMPANY,
    )
    JUL
    062009
    Petitioner,
    )
    STATE OF
    IUJNOIS
    v.
    )
    PCB-09-1 14
    PollutIon
    Control
    Board
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    )
    AMENDED PETITION FOR REVIEW
    NOW
    COMES Petitioner, Peacock Oil Company (“Peacock”), through its attorneys,
    Holland & Knight LLP and hereby files this Amended Petition in
    response to the Board’s Order
    of June 4, 2009.
    In support of its request, Peacock states that on May 27, 2009, Peacock filed its original
    Petition asking the
    Board
    to review
    a
    determination
    by
    the Illinois
    Environmental Protection
    Agency
    denying Peacock’s High Priority Corrective Action Completion
    Report because the
    Agency determined that the Highway Authority
    Agreement
    included as part of the closure
    requirements was unacceptable. This filing occurred
    within
    the
    required 35-day appeal period.
    On June 4, 2009, the
    Board
    accepted
    this
    matter
    as
    timely
    filed but found that Peacock’s
    Petition
    is
    deficient and maybe untimely citing Section 105.210 of the Board’s Procedural
    Rules.
    Petitioner attaches a
    copy
    of the May 26, 2009 decision by the Agency denying
    Peacock’s
    request
    for
    a
    ninety-day extension of thirty-five day
    appeal
    period. Based upon Petitioner’s
    receipt of the Agency’s
    decision
    on April 25, 2009,
    the deadline for
    filing its appeal was June
    1,
    2009.
    Accordingly, the Petition was timely.
    With respect to the
    grounds
    for
    the appeal,
    Peacock believes that the
    Highway Authority
    Agreement submitted
    by
    Peacock in support of its High Priority Corrective Action Completion
    Report complies with the provisions of the Act and Board Regulations. Specifically, while
    the
    Agency believes that the Highway Authority Agreement must be executed by Peacock
    Oil
    Company and the Illinois Department of Transportation, Peacock believes that given the current
    ownership it more appropriate for the current property owner to sign the Highway Authority
    Agreement. More importantly,
    the effect of the Highway Authority Agreement
    is the same as
    required to meet the remediation standards.
    WHEREFORE, Peacock requests that the Board hold
    a
    hearing in this
    matter and reverse
    the
    Agency’s decision and approve the use of the Highway Authority Agreement
    in support of
    Peacock’s closure of its
    Underground Storage Tank Incident
    Nos. 98 0056 and 98 0651.
    Respectfully submitted,
    PEACOGKOIL
    C
    MPANY
    ‘I f
    By__________
    One
    of ItJAttorne s
    Dated:
    Mark Steger,
    July 6,
    Esq.
    2009
    :
    J
    Holland
    &
    Knight LLP
    131 South Dearborn Street
    30th Floor
    Chicago, IL 60603
    (312) 263-3600
    THIS FILING IS
    SUBMITTED
    ON
    RECYCLED PAPER
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    1021 NORTH
    GRAND
    AvENuE EAST,
    P0. Box
    19276,
    SPRINGFIELD,
    ILLINOIS
    62794-9276
    -(217)
    782-2829
    JAMES R. THO,vIPsON
    CENTER, 100
    WEST
    RANDOLPH,
    SUITE
    11-300, CHIcAGO,
    IL 60601
    — (312)
    814-6026
    Pa
    Quinn,
    Governor
    DOUGLAS
    P.
    ScoH,
    DIREcToR
    (217)782—5544
    Author’s
    Direct
    Line:
    (217)782-9827
    E-Mail:
    wilham.inaersoIl6Sii1linoigpy
    (TDD.
    217-782-9143)
    Telefax:
    217-782-9807
    May
    26,
    2009
    Mr. Mark
    J.
    Steger
    Holland
    & Knight,
    LLP
    131 South
    Dearborn
    Street,
    30
    th
    Floor
    Chicago,
    Illinois
    60603-55
    17
    Re:
    LPC
    #
    0312765084—
    Cook County
    Rosemont/Peacock
    Oil
    Company
    6900 N. Mannheim
    Road
    LUST
    Incident
    Nos. 980056
    &
    980651
    Dear Mr.
    Steger:
    The Illinois
    Environmental
    Protection
    Agency
    (“Illinois EPA”)
    is in
    receipt
    of your
    May
    20,
    2009 letter
    requesting
    a 90-day
    extension
    to the 35-day
    appeal
    period
    in regards
    to an
    April 22,
    2009 decision
    regarding
    the above
    site
    and
    incident.
    The
    request
    is DENIED.
    It
    does
    not
    appear
    likely
    that the
    additional
    time
    would result
    in a
    resolution.
    The
    deadline
    for
    filing
    any appeal
    of
    this matter
    remains at
    June
    1,
    2009
    based upon
    an April
    25, 2009
    received
    date of
    the decision.
    Sincerely,
    William
    D. Ingersoll,
    Manager
    Enforcement
    Programs
    cc:
    Cliff Wheeler,
    BOL/LUST
    Karl Kaiser,
    BOL/LUST
    BOL
    Records Unit
    RoceFoso —4302
    North
    Main Street.
    Rockford,
    IL
    61103
    — (815) 987-7760
    DEs PL;INES —951
    W, Harrison
    St..
    Des
    Plaines,
    IL 60016—
    (847) 294-4000
    EIGIN — 595 South
    Stale,
    Elgin, IL 60123
    — (847)
    608-3131
    .
    Prosis
    — 5413
    N.
    L’nivorsilt
    Si,,
    Peoria,
    IL 61614 — (309)
    693-5463
    BuRLsu
    OF
    L\ND
    -
    P5051.5 —7620 N.
    University St.,
    Peoria,
    IL 61614— (309)693-5462
    Csoss’sice
    — 2125 South
    Pirsl
    Street, Champaign,
    IL 61820
    —(217) 278-5800
    C0LLIN5vILLE
    —2009
    MalI StI’eet,
    Collinssille,
    IL 62234 —(618)
    346-5120
    MSRION —
    2309W.
    Main Si., Suite
    116,
    Marion,
    IL
    62959
    —(618)
    993-7200
    P510550
    ON REcycI
    FL)
    Paptis
    CLERjç
    OFFICE
    JUL
    06
    Q9
    CERTIFICATE OF SERVICE
    Mark
    J.
    Steger, one of
    the
    attorneys
    for
    Peacock Oil Company, states that
    he
    caused a copy
    of
    the foregoing AMENDED PETITION FOR REVIEW, served via U.S. Mail, before the hour of
    5:00 p.m. on July 6, 2009 to:
    Illinois Environmental Protection Agency
    Division
    of Legal Counsel
    1021 North Grand Avenue/East
    Springfield, IL
    62794-9216
    fi.
    Mark J. Stger
    //
    Mark Steger, Esq.
    Li
    (Z)
    Holland &
    Knight LLP
    131 South Dearborn
    Street
    30th Floor
    Chicago,
    IL
    60603
    (312) 263-3600
    THIS FILING
    IS
    SUBMITTED
    ON
    RECYCLED PAPER
    #
    6334827_vi

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