BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
BEFORE THE POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS
BARNES & THORNBURG LLP
CERTIFICATE OF SERVICE

BEFORE THE POLLUTION CONTROL

BOARD

OF THE STATE OF ILLINOIS

TED HARRISON OIL COMPANY,

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

PCBNo.05-

)

(LUST

—

Ninety Day Extension)

)

NOTICE

DorothyM. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

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 NENETY DAY EXTENSION

OF APPEAL PERIOD,

copies ofwhich

are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

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: August 4, 2004

OFFICF

AVG

2004

STATE OF

ILUNOJ~

POllution Control Board

BEFORE THE

POLLUTION CONTROL

BOARD

OF THE STATE OF ILLINOIS

TED HARRISON OIL COMPANY,

)

Petitioner,

)

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

Section

40(a)(1) of the Illinois

Environmental

Protection

Act

(415

ILCS

5/40(a)(1))

and

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

November 2, 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:

June

28,

2004,

the

Illinois

EPA issued

final

decision

the

Petitioner.

(Exhibit A)

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

petition

ninety

days.

The

Petitioner’s request included

documents that

indicated the

final decision was received

June

30, 2004.

(Exhibit B)

RECE~VED

CLERK’S OFFICE

AUG

2004

STATE OF ILLINOIS

Pollution

Control Board

PCBNo.05-

(LUST

—

Ninety Day Extension)

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,

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

..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)

Dated: August 4, 2004

This filing submitted on recycled paper.

PAGE

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NoRTH

GRAND

AvENUE

EAST.

P.O.

Sax

19276,

SPRINC~FIgLD,

ILLINOIS

62794-9276.

7-782-3397

JAMES

1HOMPSON

CfNr~R,100

WEST

RANDOLPH,

SUITE

11-300.

CHICACO,

60b0

31 2-81

4-6026

ROD

BLACOIEVICH.

COVtRNCR

RENEE

CIPRLA.NO,

DIRECTOR

217/782-67~2

CERTIFIED

MAIL

JUN

2O~4

?00~ 3150

0000

12’57

7080

Ted Harrison Oil,

Inc.

Attention:

Ted Harrison

P.O.

Box

3185

Quincy,

Illinois

62305

~U(J4

Re:

LPC

70255012

Cass

County

Virginisl Ted Harrison Oil

Springfield

Main

LUST Incident No. 20001896

LUST Technical

File

Dear Mr.

Harrison:

The fllinois

Environmental Protection

Agency (Illinois EPA) has reviewed

thc,High Priority

Corrective

Action

Plan (plan) budget submitted

For the above-referenced i~tcident.This

plan.

dated June 2,

2004. was received by the

Illinois EPA on June 2, 2004.

Cit~ttionsin this

letter tire

from

the Envirorunernal

Protection

Act (Act) and

Illinois Administrative Code (35 IAC).

The budget

is rejected for the reason(s) listed

below (Section

57.7(c)(4)

oith~Act

and

11.

Adm. Code 732.405(c)

and 732.503(b)):

In accordance with

Section 57.7(c)(4) ofthe Act and

III. Adrn. Code 732.503(b), any

action

by the Illinois

EPA to

disapprove ormodify

a plan or budget submitted pursuant

to Title XVI ofthe Act shall be

provided to

the owner or operator in

writing within

120

days of receipt.

The Illinois

EPA previously notified

the owner or operator of its

final action.

Further,

in accordance with Section

57.7(c)(4) ofthe Act and

III, Adrn. Code 732.503(f), the

Illinois EPA’s action to

reject or require modification of the plan or budget, or the

rejection of any plan or budget by operation of law,

was subject to

appeal

to the

Illinois

PolhLlion

Control Board within

days after the Illinois EPA’s fln~iactIon.

~1T

—

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‘~I~IIL~

Rç,kiQrd.

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16181

‘~Ys.~20()

PAGE

Page 2

:?()04

All

Future correspondence must

he 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,

62794-~276

Please submit ~Lll

correspondence

duplicate arid include the

Re:

block shown at the

beginning

ofthis

letter.

IIyoLl

have any

questions or need further assistanc; please contact James R.

Malcom, Ill at

217/524-9140.

Sincerely,

any A. Chappel, P.E.

Unit Manager

Leaking

Underground Storage Tank Section

Division of Retnediation Management

Bureau of Land

H A

cc:

USI

Division File

BARNES &THORNBURG

SuIte 4400

One North Wacker

Drive

Chicago,

Illinois 60606-2809

USA.

(312) 357-1313

Fax

(312) 759-5646

Carolyn

Hesse

(312)

214-8301

www,btI~,w.corn

Email:

chesse@htlaw.com

July

15,

2004

VIA

FACSIMILE & FEDERAL EXPRESS

~CE~VE

IVISIOfl

of Legal Co~~~-

Mr. John Kim

Jul

Illinois Environmental

Protection Agency

1021 North Grand Avenue East

Environrnentaj

Prot

Springfield, Illinois

62702

Agency

ecLlcfl

Re:

LPC

#170255012

Cass County

Virginia / Ted Harrison Oil

Springfield & Main

LUST Incident No. 20001896

LUST Technical File

Dear John:

On June

28,

2004,

the Agency

issued

a letter with respect to the

above-referenced

LUST

Incident.

new,

amended

High

Priority

Corrective

Action

Plan

and

Budget

were

submitted

to the Illinois

Environmental

Protection

Agency dated June

2004,

which

were

received

the

Agency

June

2004.

Ted

Harrison

Oil

located

Virginia,

Cass

County,

Illinois.

The

amended

Plan

and

Budget

were

submitted

pursuant

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

cost

estimates

are

necessary

order

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

require

modifications

the

amended

plan

accordance with the procedures contained in Subpart E ofthis Part.

Chicago

Elkharr

Fort Wayne

South

Bend

Washington,

D.C.

Mr. John Kim

July

15,

2004

Page 2

appears that the Agency did not review these documents in accordance with the procedures

contained

in Subpart E.

A copy ofthe letter from the Agency is attached.

Ted

Harrison

Oil

believes

that,

based

upon

discussions

with

the

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

the

deadline

for

filing

appeal

of these

issues

the

Illinois

Pollution

Control

Board.

Thus,

this

request

for

90-day

extension

pursuant

the

Illinois

Environmental Protection Act Section

40(a)(1) and

IAC

105.406

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

that

may

file

appeal

the

Board.

If you

have

any

questions

comments, please do not hesitate to contact me.

Sincerely yours,

BARNES & THORNBURG LLP

Carolyn S. Hesse

CSHI3mr

Enclosure

cc:

William Sinnott

Carol L. Rowe

227736v1

BARNES &THORNBURG uy

CERTIFICATE OF SERVICE

I, the undersigned attorney

law,

hereby certify

that

August

2004,

I served

true

and correct copies of a REQUEST FOR NINETY DAY EXTENSION

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 & Thornburg

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. 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)