BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE

EXHIBIT
EXHIBIT
1. BARNES & THORNBURG LLP
2. CERTIFICATE OF SERVICE

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE

OF ILLINOIS

ROYER OIL (SORENTO

GARAGE),

Petitioner,

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

PCBNo.05-

)

(LUST

—

NinetyDay Extension)

)

NOTICE

DorothyM.

Gunn, Clerk

Illinois Pollution Conlrol Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago,

IL 60601

Carolyn S. Hesse

Barnes & Thomburg

Suite

4400

One North Wacker Drive

Chicago, IL

60606-2809

PLEASE

TAKE NOTICE that

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, flhinois 62794-9276

217/782-5544

217/782-9143

(TDD)

Dated: July 30, 2004

Q V E tO

CLERI’S

OFFICE

AUG

2O~4

STATE OF

ILLiNOI~

PoIIutjo,~

Control Bo~rcS

CLERKi~0~i~

BEFORE THE POLLUTION CONTROL BOARD

AU~ ~

OF THE STATE OF ILLINOIS

‘2004

STATE OF ILLINOIS

ROYER OIL (SORENTO GARAGE),

)

Pollution

Control $O~r~

Petitioner,

)

PCB No. 05-

ILLINOIS ENVIRONMENTAL

)

(LUST

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

REQUEST

FOR

NINETY

DAY

EXTENSION

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

October 28,

2004, or any other date not more than a total ofone hundred twenty-five

(125)

days from the date of service of the Illinois

EPA’s final decision.

In support thereof, the

Illinois EPA respectfully states as follows:

June

24,

2004,

the

Illinois

EPA

issued

final decision

the

Petitioner.

(Exhibit A)

On July

25,

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 documentation

that represented the final decision was received on

June

25,

2004.

(Exhibit B)

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,

the

interest of administrative and judicial

economy, grant this request for a ninety-day extension of

the thirty-five day period forpetitioning for a hearing.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

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: July 30, 2004

This filing submitted on

recycled paper.

18:47

2175228809

CWM

PAGE

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND

AVENUE 5AST,

Pa.

Box

19276,

SPRINGFIELD,

)LLINOIS

62794-9276, 217-782-3397

JAMES

THOMPSON

CENTER.

100

WEST RANDOLPH,

SUTE

11-300, CHICAGO,

IL 60601, 312-814-6026

Roo

BLAGOJEVICH,

GOVERNOR

RENEE

OPRIANO,

DIRECTOR

217/782-6762

CERTIFIED MAIL

?002

3150

0000

1~57 ?400

JUN242004

2004

Stephen Royer

911

Railroad Street

Greenville, illinois 62246

Re:

LPC # 0050305009—

Bond County

Sorentolkoyer Oil (Sorento Garage)

Main Street

LUST Incident No. 20000692

LUST Technical File

Dear Mr. Royer:

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the

High Priority

Corrective Action Plan Budget Amendment (budget amendment) submitted for the above-

referenced incident.

This

budget amendment, dated May 13, 2004, was received by the Illinois

EPA on May 14, 2004.

Citations in this letterare from the Environmental Protection Act (Act)

and

Illinois Administrative Code (35

III.

Adm. Code).

The budget aniendin~nt

is rejected for the reason(s) listed below (Section

57.7(c)(4)

ofthe Act

and 35

III. A.dm. Code 732.405(c) and 732.503(b)).

In accordance with Section 57.7(c)(4) of the Act and

35 Iii.

Adm. Code 732.503(b), any

action by the Illinois EPA to di~appso~re

or modify a pian or budgct submitted pursuant to

Title XVI ofthe Act shall be provided to the owner or operator in writing within

120 days

ofreceipt.

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 35 Ill. Adxn. Code 732.503(t), the

Illinois EPA’s action to reject or require modification ofthe plan or budget, or the

rejection pf any plan or budget by operation oflaw, was subject to appeal to the Illinois

Pollution

Control Board within

35 days afterthe Illinois EPA’s final action.

All future correspondence must be

submitted to:

Roc~oeo

—

.1302 North Maui

Street.

Ro~k~ord,

II.

61103 —(815)

Harrison

St.

Des Plaine,, IL 60016

—

(847)

294~4000

E~cIN

595

South

Srate, Elgin,

60123

—(847) 608

Ity

St..

Peoria,

1.61614—1309)693-5463

SJRE~LC)~ .~‘4U

Ptc)F1IA

—

7620

UflNersity

Sc., Peoria,

61614

—(3

25 SouthFIr~t

Street.

Chamoaigri,

IL 61820— (217~

27S~5800

Suu~.cricio

—

.1500

S. Sixth Str~ct

Rd.. Spriri~ieId,IL 62706

—(21

9 MalI

Street.

ColIinsvlIle. IL 62234 —(618) 346-S 120

MARION

—

2309

,Ma~

---

___________

18) 993-7200

EXHIBIT

PRNmo

RR~YeL5bPAPFa

05/2~5/20@4 10:47

2175228009

 OW)’)

 PAGE

03

Page 2

illinois

Environmental

ProtectionAgency

Bureau ofLand

#24

Leaking TJnderground Storage

Tank

Section

1021 North Grand Avenue

East

Post Office Box 19276

Springfield, ~L62794-9276

Please submit all correspondence in duplicate

and

include the Re: block shown at the beginningof

this

letter.

An

underground

storagetank system owner or operator may appeal

this

decision to the lilinois

 Pollution ControlBoard. Appeal

rights are

attached.

Ifyou have

any

 questions orneed further assistance, please contact the Illinois EPA project

manager, SteveJones, at 217/524-1253.

Sincerely.

~4~4~4

4e~~

Hernando

Albarracin

Unit

Manager

LeakingUnderground Storage

Tank

Section

DivisionofRemediationManagement

Bureau

ofLand

HAA:S~RoyerOil 20000692CAP amendMay04.doc

Attachrñents:

Appeal RIghts

cc: CW3M Company

Division File

~b/2,~/200410:47

 21 75228008

OWM

 PAGE

04

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) ofthe Act by filing apetition

for a

hearing within

days after the date

of issuance of the final decision.

However, the 35-day

periodmaybe extended for a

period

of

time

not toexceed 90

days

by

written

notice from the

owner or operator and the

Illinois EPA within the

initial

35-dayappeal period.

 If the 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:

DorothyGunn, Clerk

 !fJ~J4

illinois Pollution Control Board

State of illinois Center

100 West Randolph, Suite

11-500

Chicago, IL 60601

312/814-3620

For informationregarding the filingofan

extension,

please contact:

IllinoisEnvironmental ProtectionAgency

Division ofLegal Counsel

1021 North Grand Avenue East

Post Office Box 19276

Springfield, IL

 62794-9276

217/782-5544

BARNES &ThORNBIJRG

Suir~

1400

One

North Wt~kerDri~~

Chicago

Illinois 60606-2809

S A.

(312) 37-1313

arovnS.Hesse

 Fax (312) 759-5646

Ems

chesse@btlaw.com

July

15,

2004

REC”~r~

VIA

FACSIMILE & FEDERAL EXPRESS

~ion

of Legai Co~i:

Mr.

John Kim

JUL

~‘

Illinois Environmental ProtectionAgency

1021 North GrandAvenueEast

Environmentaj

Protec

Springfield, Illinois 62702

Agency

Re:

LPC #0050305009

Bond County

Sorento

Royer Oil (Sorento Garage)

Main Street

LUST Incident No. 20000692

LUST Technical File

Dear John:

On June 24, 2004, the Illinois

Environmental Protection Agency

issued a

letter with

respect to

the

above-referenced

LUST

Incident

regarding the

new amended

High

Priority

Corrective Action Plan and Budget Amendment dated May 13,

2004,

which was received by

the Agency on May

14,

2004.

The Royer Oil (Sorento

Garage)

located in Sorento,

Bond

County,

Illinois.

copy

of the

letter

attached.

Royer

Oil

submitted

these

documents

pursuant to 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

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

or

 require

 modifications

of

the

 amended

 plan

in

accordance with the procedures contained in Subpart E ofthis Part.

EXHIBIT

Elkhart

Fort

Wa~no

South

Bond

tL.

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.

Royer Oil

 (Sorento Garage) 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 theAgency’s letter. However, we believe that we will notbe 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 the appeals 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

CSHljmr

Enclosure

cc:

William Sinnott

Carol L. Rowe

227738v

BARNES &ThIORNBURG ~

CERTIFICATE OF SERVICE

I, the undersigned attorney

at law,

hereby certify that on July 30, 2004,

I served true

and

correct

copies of a

REQUEST

FOR

NiNETY DAY EXTENSION

APPEAL

PERIOD,

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. Gumi, 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 AttorneyGeneral

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O.Box

19276

Springfield, Illinois

62794-9276

217/782-5544

217/782-9143 (TDD)