RECEIIVED
NOTICE
REQUEST FOR NINETY DAY EXTENSIONOF APPEAL PERIOD
P.O. Box 360
6295 East Illinois Highway 15
Woodlawn, Illinois 62898.0360
Phone: (618) 735.2411Fax: (618) 735.2907
CERTIFICATE OF SERVICE

KNAPP OIL COMPANY,

ILLINOIS ENVIRONMENTAL

PROTECTIONAGENCY,

Respondent.

DorothyM. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

RECEIIVED

CLERK’S

OFFICE

~\UG~ 2003

STATE OF ILLINOIS

Pollution

Control Board

)

PCBNo.04-

)

(LUST Appeal —Ninety Day Extension)

)

NOTICE

Justin Overturf, ProjectManager

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 ofthe

Clerk of the

Pollution

Control Board

REQUEST

FOR NINETY DAY EXTENSION OF APPEAL PERIOD, copies ofwhich

are

herewith served upon you.

Respectfully submitted,

ILLINOIS

ENVIRONMENTAL

PROTECTIONAGENCY,

Respondent

JULIA1

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, 2003

BEFORE

THE

POLLUTION CONTROL BOARD

THE

STATE OF ILLINOIS

)

Petitioner,

)

RE CE

CLERK’S

(~F1~

BEFORE

THE POLLUTION CONTROL

BOARD

AUG

62003

OF THE STATE OF ILLINOIS

STATE OF

ILUiNUIS

Pollution

Control

Board

KNAPP OIL COMPANY,

)

Petitioner,

)

PCBNo.04-

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

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 3,

2003, or any other date not more than a total ofone hundred twenty-five

(125)

days from June 20, 2003,

the date ofthe Illinois EPA’s final decision.

The

125th

day from

June 20, 2003, is actually November 2, 2003,

Sunday.

The next business day is

November3,

2003.

In support thereof, the illinois EPA respectfully states as follows:

June

20,

2003,

the

Illinois

EPA

issued

a final

decision to

the

Petitioner.

(Exhibit A)

On July 23,

2003, 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 EPAjoin in requesting

that the Board extend the thirty-five day period for filing a petitionto ninety days.

The Petitioner

did not represent when the final decision was received.

(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 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 ofadministrative 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

JohnJ~

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,

2003

This filing submitted on recycled paper.

‘S

-30

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NIORTH GRAND

AVENUEE/~sT,

P.O.

Box

19276,

SPRINGFIELD,

ILLINOIS

62794-9276,

217-782-3397

JAMES

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE

11-300,

CHICAGO,

IL 60601, 312-814-6026

ROD

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIAN0,

DIRECTOR

217/782-6762

CERTIFIED MAIL

7002

3150

0000

1223

6353

JUN,30~0aa.

Knapp Oil Company.

Attention:

Rick Forth

P.O. Box

215

Xenia, Illinois 62821

Re:

~

MetropoliS! Knapp Oil Company

1117 east

5th

Street

•

LUST Incident No. 992410&991949

•

 LUST’

Techmcal File

Dear Mr. Forth:

The Illinois Environmental Protection Agency (illinois EPA) has reviewed the Amended High

Priority Corrective ActionPlan Budget (budget) submitted forthe above-referenced incident.

This budget, dated June 12, 2003, was received by the illinois EPA on June 17, 2003.

Citations

in this letter are from the Environmental Protection Act (Act) and

Illinois Administrative

Code

(35

Ill. Adm. Code).

The budget is rejected for the rea~on(s)listed, in Attachment A (Section

57.7(c)(4)

ofthe..Act and

Ill. Adm. Code

732.405(c) and

732.503(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.’

An underground storage tank system owner or operator may appeal this decision to the Illinois

Pollution Control Board.

Appeal rights are attached.

ROCKFORD

—4302

North

Main

Street,

‘

~‘‘~‘~‘~t•’

Des Plaines, IL 60016

—

(847) 294-4000

ELGIN

—595 South State,

a, IL 61614

—

(309)

693-5463

BUREAU

OF LAND

PEORIA

—

7620 N.

Universi—

_~t

Street,

Champaign,

IL 61820

—

(217)

278-5800

SPRINGFIELD —4500

S. Sixth

Street Rd.,

Collinsville,

IL 62234— (618) 346-5120

PQI,.~rFnni~RECYCLED

PAPER

Page2

Ifyou have any questions or need further assistance, please contact James R. Malcom, In at

217/524-9140.

Sincerely,

any

Chappel, P.E.

Unit Manager

Leaking Underground Storage Tank Section

Division.of Remediation Management

•

Bureau

of

Land

•

HAC:jrm

Attachment:

AttachmentA “Budget Denial”

cc:

 IJSI

Division File

•

Appeal Rights

An underground storage tank owner or operator mayappeal this final decision to the Illinois

Pollution Control Board pursuant to Sections 40 and 57.7(c)(4)(D) ofthe Act by filing a petition

for a hearing within 35 days after the date ofissuance ofthe finaldecision.

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.

Ifthe owner or

operator wishes

to receive a90-day extension, a written request that include’s a statement ofthe

date the firial decision was received, along with a copyofthis decision, ‘must be sent to the

Illinois EPA as soon aspossible.,

•

For information regarding the filing of an appeal, please contact:

Dorothy Günn, Clerk,

illinois Pollution Control Board

State of illinois Center

•

100 West Randolph, Suite 11-500

•

Chicago, IL

60601

.•

312/814-3620

•

For informatio~i

regarding the filing of an extension, please contact:

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021 North Grand Avenue East•

Post Offlce’Box 19276

Springfield, IL

62794-9276

217/782-5544

—

•

Attachment A

Re:

•LPC. #1270155039

Massac County

Metropolis! Knapp Oil Company

1117

east

5th

Street

•

LUST Incident No.

99241 0&991949

•

Technical. File

Citations’ in this attachment are from the Environmental Protection Act (Act) and 35 Illinois

Administrative

Code

(35

Ill. Adm.

Code).

The budget subinittôd for review failed to provide adequatejustification for the additional

personnel hours outlined in the budget.

The Agency also notes that

a large portion ofthe

proposed hours were previously denied as unreasonable in the Agency letter dated March 3,

2003.• Ifpersonnel cost surpass the approved amount

the Agency will re-evaluate the additional

•

costs during the reimbursement process.

During this evaluation actual time sheets will be

required documenting any and all additional,personnel hours required to perform corrective

action.

•

•jnn

‘

•

P.O.

Box 360

6295

East Illinois

Highway 15

Woodlawn, Illinois 62898.0360

July 23, 2003

Illinois Environmental

Protection Agency

Division of Legal

Counsel

1021

North Grand Avenue East

Springfield,

IL 62792-9276

Attn: Susan Schroeder

Phone:

(618) 735.2411

Fax: (618) 735.2907

E-Mail:

unitedscience@unitedscience.com

RECE~VED

Division of Leg&l

COJ~,~b,

JUL

2O~

Environmental

Proteotl~

Agency

Re:

LPC# 1270155039— Massac County

Metropolis

Knapp Oil Company

1117 East

5th

Street

LUST Incident No. 992410 & 991949

Mrs.

Schroeder:

United

Science

Industries,

Inc.

(USI),

behalf of our

client,

Mr.

Rick

Forth,

requesting

90-day

extension

the

35-day appeal

period

regards

the

IEPA

correspondence

dated

June 20,

2003.

copy of the

correspondence

attached.

appreciate

your

time

and

consideration

questions or comments concerning the

above,

2411

ext.

140.

Sincerely yours,

UNITED SCIENCE

INDUSTRIES,

INC.

this

matter.

you

have

any

please

contact

me at

(618) 735-

UNITED

SCIENCE

INDUSTRIES

Project Manager

Enclosures

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby

certify

 that on August 4, 2003,

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

Justin Overturf, 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

Suite 11-500

Woodlawn, IL

62898-0360

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respo

ent

John .Kim

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)