BEFORE THE POLLUTION CONTROL BOARD

OF

THE

STATE OF ILLINOIS

R.W.

SHERIDAN OIL CO., INC.,

Petitioner,

V.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

DorothyM. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Respondent.

)

)

)

)

)

)

NOTICE

CLER1ç~~

OFFrr’~-

1-1

1

8

2003

STATE OF ILLINOIS

PoJI~tj0,~

Controi Board

PCBNo.04-

~

(LUST Appeal

—

Ninety Day Extension)

Jennifer Thogmartin, Project Manager

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 of the

Clerk of the

Pollution

Control Board a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD, copies ofwhich

areherewith served upon

you.

Respectfully submitted,

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North GrandAvenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: August 13,

2003

---

CLERK’S

OFFICE

BEFORE THE POLLUTION CONTROL BOARD

~4UG

182003

OF THE STATE OF ILLINOIS

STATE OF ILLINOIS

R.W. SHERIDAN

OIL CO., INC.,

)

Pollution Control Board

Petitioner,

)

v.

)

PCB No. 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

to

Section

40(a)(1)

of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/40(a)(1))

and

35

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

12,

2003,

or any other date not more than a total of one hundred twenty-

five

(125)

days from July 9,

2003,

the date of the Illinois

EPA’s final decision.

The

125th1

day

from

July

9,

2003,

is

actually November

11,

2003,

a

State holiday.

The next business

day is

November

12, 2003.

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

1.

On

July

9,

2003,

the

Illinois

EPA

issued

a

final

decision

to

the

Petitioner:

(Exhibit A)

2.

On July

10, 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 petition to ninety days.

The Petitioner

did not represent when the final decision was received.

(Exhibit B)

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

13, 2003

This filing submitted on recycled paper.

2

---

/~~7/;~f~

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND AVENUE EAST,

P.O.

Box 19276,

SPRINGFIELD,

ILLINOIS

62794-9276

JAMES

R.

THOMPSON

CENTER,

~l

00

WEST RANDOLPH,

SUITE

11-300,

CHICAGO,

IL 60601

ROD

R.

BLAGOJEVICH,

GOVERNOR

RENEE

CIPRIANO,

DIRECTOR

CERTIFIED

MAIL

7002

3150

0000

1224

0021

JUL

092003

R.W. Sheridan Oil Co., Inc.

Attn: Robert Sheridan

.

P.O. Box 3516

Bloomington,

IL’

61702

Re:

LPC#1130755016--McLean County

Le Roy! R.W. Sheridan Oil Co., Inc.

301

South Chestnut

LUST Incident No. 20001571

LUST Technical File

Dear Mr. Sheridan:

The illinois Environmental Protection Agency

(Illinois EPA) has reviewed the High Priority

Corrective Action Plan Budget (budget) submitted for the above-referenced incident.

This

budget, dated June 12, 2003, was received by the Illinois EPA on June 16, 2003.

Citations in this

letter are from the Environmental Protection Act (Act) and 35 Illinois Administrative Code (35

ill. Adm. Code).

The budget is modified pursuant to Section

57.7(c)(4)

ofthe Act and 35

Ill. Adm. Code

732.405(c).

Based on the modifications listed in Section

2 ofAttachment A, the amounts listed

in Section

1

ofAttachment A are approved.

Please note that the costs must be incurred

in

accordance with the approved plan.

Be aware that the amount of reimbursement may be limited

by Sections

57.8(e),

57.8(g)

and

57.8(d)

of the Act, as well as 35

III. Adm. Code 732.604,

732.606(s), and 732.611.

All future correspondence must be submitted

to:

Illinois Environmental Protection Agency

Bureau ofLand

-

#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.

ROCKFORD —4302

North

Main

Street,

Rockfor

~1

1 fl~

—

(~1~1 QR7-77~fl

•

fls_P~INrc

—

9~1

vv.

Harrison St..

es

P(aines,

IL 60016—1847) 294-4000

ELGIN

—595 South State, Elgin, I

1614

—

(309) 693-5463

BUREAU

OF LAND

-‘PEORIA —7620 N. University St.,

t, Champaign,

IL 61820— (217) 278-5800

SPRINGFIELD

—

4500

S. Sixth

Street Rd., Sprini

‘lnsville,

IL 62234— (618) 346-5120

MA~

217/782-6762

PRINTED

ON

RECYCLED

PAPER

---

Page2

.

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

Pollution Control Board.

Appeal rights are attached.

If you have any questions or need further assistance, please contact Jason Donnelly at (217) 557-

8764.

Sincerely,

Hany A. Chappel, P.E.

Unit Manager

Leaking Underground Storage Tank Section

Division of Remediation Management

Bureau ofLand

HAC :JD\00 1571 -hpcap.bud-#4

Attachment:

Attachment A

c:

United Science Industries, Inc., Jennifer Herner-Thogmartin

Division File

---

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 filing a petition

for a hearing within 35 days after the date of issuance of the final decision.

However, the 35-day

period may be extended for a period of time not to exceed 90 days by written notice from the

owner or operator and the Illinois

EPA within the initial 35-day appeal period,

If the owner or

operator wishes to receive a 90-day extension, a written request that includes a statement of the

date the final decision was received, along with a copy of this

decision, must be sent to the

Illinois EPA.as.soon as possible.

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

Dorothy Gunn, Clerk

Illinois Pollution

Control Board

State of Illinois Center

100 West Randolph, Suite 11-500

Chicago, IL

60601

312/814-3620

For inforntation regarding the filing of an extension, please contact:

Illinois Environmental Protection Agency

Division of Legal

Counsel

1021

North Grand Avenue East

Post Office Box

19276

Springfield, IL

62794-9276

217/782-5544

---

Attachment A

Re:

LPC

#1130755016--McLean County

Le Roy/R.W. Sheridan Oil Co.,

Inc.

301

South

Chestnut

LUST Incident No. 20001571

LUST Technical File

Citations in this

attachment are from the Environmental Protection

Act (Act) and 35 Illinois

Administrative Code

(35

111. Adm. Code).

SECTION

1

The budget was previously approved for:

‘

$0.00

Investigation Costs

$0.00

Analysis Costs

$13,272.25

Personnel Costs

$0.00

Equipment Costs

$6,833.04

Field Purchases and Other

Costs

$304.33

Handling Charges

As a result of the illinois EPA’s modification(s) in Section

2 of this Attachment A, the following

amounts are approved:

$0.00

Investigation Costs

$0.00

.

Analysis

Costs

$6,504.25

Personnel Costs

$0.00

Equipment Costs

$62.50

Field Purchases and Other Costs

$0.00

Handling Charges

Therefore, the total cumulative budget is approved for:

$0.00

Investigation Costs

$0.00

Analysis Costs

$19,776.50

Personnel

Costs

‘$0.00

Equipment Costs

$6,895.54

Field Purchases and Other

Costs

$304.33

Handling Charges

---

Page 2

SECTION 2

$9,405.00

in project manager costs that lack supporting documentation

(35

Ill. Adm.

Code 732’.606(gg)).

A corrective action plan budget for a site classified as high priority

must include, but not be limited to,

an accounting of all costs associated with the

development, implementation,

and completion

of the applicable activities

(Section

57.7(c)(1)(B)

of the Act and 35111. Adm. Code 732.405(b)).

Since there is no supporting

documentation of costs, the Illinois EPA cannot determine that costs will not be used for

activities in excess of those neCessary to meet the minimum requirements of Title XVI of

~theAct.

(Section

57.5(a)

of the Act and 35

111. Adm. Code 732.606(o)). In addition, costs

for investigative activities and related services or materials for developing a High Priority

corrective action plan that are unnecessary or inconsistent with generally accepted

practices or unreasonable costs forjustifiable

activities, materials, or services are

ineligible for payment from the Fund

(35

Ill. Adm. Code 732.606(cc)).

Please note the amount of total project manager hours lack supporting

documentation

anchor are unreasonable for the activities performed.

2.

$402.00 for an adjustment in Project Coordinator fees

associated with final

reimbursement package preparation & budget tracking.

Costs for investigative activities

and related services or materials for developing a High Priority corrective action plan that

are unnecessary or inconsistent with generally accepted practices or unreasonable costs

for justifiable activities, materials, or services are ineligible for payment from the Fund

(35

Ill. Adm.

Code 732.606(cc)).

The rate and number of hours are unreasonable.

HAC:JD\00 1571 -hpcap.bud-#4!A

---

P.O. Box 360

6295

East

Illinois Highway 15

Woodlawn, Illinois 62898-0360

July

10, 2003

Illinois Environmental Protection Agency

Division ofLegal Counsel

P. 0.

Box 19276

1021 N. Grand Avenue East

Springfield, IL 62794-9276

Attn:

John Kim

Re:

LPC#

1130755016

—

McLean

County

LeRoy / R.

301 South Chestnut

LUST Incident No. 20001571

LUST Technical File

Dear Mr. Kim:

Phone:

(618) 735.2411

Fax:

E-Mail: unitedscience@unitedscience.com

DIVISIOfl

of Legal Counsel

JUL

14

2003

EflVironmentai

Protection

Agency

United Science

Industries,

Inc.

(USI),

on behalf of our client,

R.

W.

Sheridan Oil

Co.,

Inc., is

requesting a

90-day extension ofthe 35-day appeal period in regards to the IEPA

correspondence included.

I

appreciate your

time

and

consideration

in this

matter.

If you

have

any questions

or

comments

regarding this matter please contact me at 608-781-8382.

Sincerely yours,

UNITED SCIENCE INDUSTRIES, INC.

Jennifer Thogmartin

Project Manager

Enclosures

UNITED

SCIENCE

INDUSTRiES

JT;jlr

---

CERTIFICATE OF SERVICE

I, the undersigned attorney

at law, hereby certify that

on August

13,

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 namedpersons:

Dorothy M. Gunn, Clerk

Jennifer Thogmartin, 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

15

Suite 11-500

‘

‘

Woodlawn, IL

62898-03 60

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

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)