BEFORE
THE POLLUTION CONTROL
BOARD
OF THE STATE
OF ILLINOIS
WJLLAREDT OIL COMPANY,
)
Petitioner,
)
)
)
V.
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
)
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago,
IL 60601
NOTICE
R~CE~VEI~
CLERK’S
OFFR~
OCT
2
3
2003
STATE OF
ILLINOIS
Pollut~0,~
Control
Boar~iv
PCB No. 04-
(LUST Appeal
—
Ninety Day Extension)
Fred
C. Prillaman
Mohan, Alewelt, Prillaman & Adami
Suite 325
1
North Old Capitol Plaza
Springfield,
IL
6270 1-1323
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 of which
are herewith served upon
you.
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: October 21, 2003
R~C~VED
CLERK’S
OFFICE
OCT
232003
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
STATE
OF
ILLINOIS
Pollution
Control Board
WILLAREDT OIL COMPANY,
)
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)(l))
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 January
19, 2004,
or any other date not more than a total ofone
hundred twenty-five
(125)
days from
September
16,
2003,
the date of the Illinois
EPA’s final
decision.
In support
thereof, the Illinois EPA respectfully states as follows:
1.
On September
16, 2003,
the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On October
16, 2003, the Petitioner made a written request to the Illinois EPA for
an
extension of time
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
a petition
to
ninety
days.
The Petitioner did not represent when the final decision was received.
(Exhibit B)
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 io identify issues and limit the scope of any
hearing that may be necessary to resolve this matter.
1
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: October 21, 2003
This filing submitted on recycled paper.
2
.
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
1021
NORTH
CRAND
A\’ENLJE EAST,
P.O. Box 19276,
SPR~NCF1ELD,IwNols
62794-9276
JAMES
R.
rHoMesoN
CENTER,
100
WEST
RANDOLPH, SUITE
11-300.
CHICAGO,
IL 60601
ROD
R.
BLAGOJEvICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
.
CERTIFIED MAIL
?00E
31.50
0000
12~4 61.53
~EPi62O~3
Willaredt Oil Company
Attention: Dean Willaredt
PostOfflceBo* 1245
Mattoon, Illinois 61938
Re:
LPC#1150350004--MaconCounty
Mt Zion/ Willaredt Oil Co., Inc.
1000U.S.
Highway 121
LUST
Incident
No.
980380
LUST Technical File
Dear Mr. Wilaredt;
The flhinois
Environmental Protection Agency (illinois EPA) has reviewed the Site Classification
Work Plan
(plan) submittedforthe above.-referenced incident.
This plan, dated July 2003, was
received by the Illinois EPA on August 13, 2003.
Citaiions in this letter are from the
Environmental Protection Act (Act) and 35 Illinois AdminL~trative
Code
(35
IlL Adm. Code).
The Illinois EPArequires modificatioaofth.e plan; therefore, theplan is conditionally approved
with theIllinois
EPA1s modi~cations.The Illinois EPAhas determined that the modifications
listed in Attachment A are necessaryto demonstate compliance with TitleXVI oftheAct and
35
ILl.
Adm.. Code 732 (Section
57.7(a)(1)
oftheAct and 35
III. Adm. Code
732305(c)
or
732.312(j)).
In addition, the budget is modified pursuant to
Section
57.7(a)(1)
ofthe Act and
35
111. Adni.
Code 732.305(c) or 732.3 12(j).
Based on the modifications
listed
in Section 2 ofAttachment B,
the amounts listed in Section
1 of
Attachment
B ‘are approved.
Please notethat the costs must be
incurred
in accordance with the approved plan.
Be aware that the amount ofreimbursementmay
be limited by Sections
57.8(e),
57.8(g), and
57.8(d)
ofthe Act, as well as 35
III. Adin. Code
732.604, 732.606(s), and 732.611.
Please note that, if the owner oroperator agrees with the fllinois EPA’s modifications, submittal
ofan amended plan andlor budget, if applicable, is not required (Section 57.7(c)(4) ofthe Act
and 35
111. Adni. Code 732.503(f)).
Additionally, pi.irsuant’to Section
57.8(a)(5)
ofthe Act and
35
111.
Adm.
Code 732.305(e) or 732.312(1), ifreimbursement will be sought forany additional
RoCEFoRO
—
.~3O2North
MainStreet.
Rockford.
IL
61)03
—(81
SI 987-7760
•
Ots
PLAJNES
—9511
W.
Harrison
St.,
Des
P)alr,es, IL
60016—
(847)
294-’000
—
595
South
State. Elgin, IL 60123
—(847)
S08-31 31
•
PEoRIA
—
5415
NI,
University
St.,
Pecria,
1.6)614
—1309) 693-3463
‘REAL’
‘iF
L’.’~o
-
PEcjRIA
—
7620
N.
Univesity St., Peorj~,
CL
61614 —(309) 693-5462
•
CI-~,pAIc’~
—
2115
South
Fr,t
Street Champaign,
IL 61820
—(217) 278-5800
—
4500
S.
Sixth Street
Rd.,
Spririgileld, IL 62706—
1217) 786-~892
•
Cc~.uNsvIILI
—
2009 M~iI
clro..t
CnlIi
lie,
IL 62234 —(618) 346’~’
20
Page
2
costs that may be incurred as a result ofthe flhinois EMs modifications,
an amended budget.
must be submitted.
NOTE:
Amended plans and/or budgets must be submitted and approved prior to the issuance of
a No Further Remediation (NFR) Letter.
Costs associated with a plan orbudget that have not
been approved prior to the issuance of an NFR Letter will not be reimbursable.
Pursuant to 35
III. Adm. Code 732.301 a Site Classification Completion Report must be
submitted within 90 days ofthe date ofthis letter to:
Illinois Environmental Protection Agency
Bureau ofLand
-
#24
.
Leaking Underground Storage Tank Section
1021 NorthGrandAvenueEast
Post Office Box
19276
Springfield, IL
62794-9276
.
-
Please submitall correspondence in duplicate and include the
Re:
block shown atthe 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.
Ifyou have any questions orneed further assistance, please contact Donna Wallace at 217/
524-
1283.
Sincerely,
Thomas A.”
Unit Manager
Leaking Underground Storage Tank Section
DivisionofRemediation Management
Bureau ofLand.
TAH:DW:dw\
Atiàchments:~Attachment A and Attachment B
C:
CSD Environmental
Services, Inc.
Division File
Attachment
A
Re:
LPC#1150350004--MaconCounty
Mt. Zion! Willaredt Oil Co., Inc.
1000
U.S. Highway 121
LUST Incident No. 9~0380
LUST Technical File
Citations in this attachment are from theEnvironmental Protection Act (Act) and
35
Illinois
Administrative Code
(35
fli. Adm.
Code).
A.
The Agency will approve (2) soil samples from boring locations
B-7
thru B-tO and from
the borings
atthe locations forMW#7 and MW#8.
The samples are to be tested for
VOCs
and PNAs.
The remainingproposed boring locations appe~
to be excessive for
the minor release reportedat this tank field.
B.
It will not be necessaxy to samplethe
soils for lead; sinceyour on sitelead levels were
below background levels of36.0 ppm.
-
C.
TheAgency willapprove a.groundwater sample from (4) monitoring wells.
TheAgency
will approveexiting MW#2 and MW#3 as wellas theproposed MW#7 and MW#8.
Groundwater samples from these wells must be tested for VOCs,
PNAS and Lead.
DW:dw\
Attachment B
Re:
LPC #1150350004--Macon County
Mt. Zionl Willaredt Oil Co., Inc.
1000 U.S. Highway 121
LUST Incident No. 980380
LUST Technical File
Citations in this attachment are from theEnvironmental Protection Act (Act) and 35 Illinois
Administrative
Code (35 IlL Adm. Code).
SECTION
1
As a result
of
the Illinois
EPA’s modification(s) in Section 2 ofthis AttachmentB, thefollowing
amounts are approved:
$2,659.00
Investigation Costs
$3,677.65
Analysis Costs
-
$6,73 1.00.
Personnel Costs
$313.20
Equipment Costs
$219.40
Field
Purchases and Other Costs
$743.67
Handling Charges
SECTION 2
A.
$11,384.35
for an adjustment in the numberofsamples to be taken as well as the
deduction oflead samplestaken from the soil.
These costs are for activities in excess
of
those necessary to meet the minimumrequirements of Title XVI
of
the Act (Section
57.5(a) ofthe Act) and 35 Iii. Adm. Code 732 (Section
732.505(c)),
Costs for corrective
action activities and associated materials or services exceeding
the minimum
requirements necessaryto comply with the Act are not eligible forreimbursement from
the Fund(35 III. Adm. Code 732.606(o)).
These adjustments were made as an adjustment in the niodi~cations
.to theplan
B.
$7,810.80 for an adjustment in drum charges, personnel hours previously approved,.
encore sampler charges, camera charges, mileage and shipment charges.
The Illinois
EPAhas determined that these costs are not reasonable as submitted (Section
57.7(c)(4)(C)
ofthe Act and
35111. Adm. Code 732.606(hh)).
One oftheoverall goals of
the financial review is to
assurethat costs associated with materials,,activities, and
services are reasonable (35 III. Adm.
Code
732.505(c)).’
Please notethat additional
information andlor supporting documentation may be provided to demonstratethe costs
are reasonable.
Page 2 of2 of Attachment B
C.
$1,090.25
for an adjustment in handling charges.
Handling charges are eligible for
payment only if they are equal to orless than the amount determined by the following
table (Section
57.8(g)
oftheAct and 35 Iii. Adm. Code 732.607):
Subcontract or Field
Purchase Cost:
$0
-
$5,000
$5,001
-
$15,000
$15,001
-
$50,000
$50,001
-$200,000
$100,001
-
$1,000,000
Eligible Handling Charges as a
Percentage ofCost
12
$600 plus
10
of amount
over $5,000
$1,600 plus 8
ofamount over $15,000
$4,400 plus
5
ofamount over $50,000
$6,900 plus 2
ofamount over $100,000
DW:dw\
Handling charges were adjustedto meet budget modifications.’
Appeal Rights
Anunderground storage tank owner or operator may appeal this final decisionto 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 d~.ys
after the date ofissuance of the final decision.
However, the 35-day
periodmay be extended for a period of time not to exceed 90 days by written notice from the
o~ier
or operator and the Illinois EPA within the initial
35-day
appeal period.
Ifthe owner or
operator wishes to receivea 90-day extension, a written request that includes a statement ofthe
date the final decision wasreceived, 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:
Dorothy Gunn,
Clerk
Illinois Pollution ControlBoard
State
of
Illinois Center
100
WestRandolph, Suite
11-500
Chicago, ~L 60601
312/814-3620
-
For
information regarding
the
filing ofan extension, pleasecontact
illinois Environmental Protection Agency
Division
of
Legal Counsel
1021
North GrandAvenue East
Post Office
Box
19276
Springfield, IL
62794-9276
217/782-5544
MOHAN,
ALEWELT,
PRILLAMAN
&
ADAM
I
LAWYERS
SUITE
355
I
NORTH
OLD
CAPITOL
PLAZA
EDWARD
J.
ALEWELT
JAMES
T.
MOHAN,
Or
COUNSEL
FRED
C.
PRILLAMAN
SPRINGFIELD,
ILLINOIS
G2701-1353
TELEPHONE
PAUL
E.
ADAM)
(5171528-2517
CHERYL
S. NEAL
FAX
PATRICK
D.
SHAW
(217)
528-5553
JOEL
A.
8ENO(T
E-MAIL
CHRISTOPHER
0.
OSWALD
mapa@famity-net.net
‘ALSO
ADMITTED
IN
MISSOURI
October
16
,
2003
John
J. Kim
Special Assistant Attorney General
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
IL
62794-9276
Re:
Request for 90-day extension in LPC #1150350004
—
Macon County
(Willaredt Oil~Company/Mt.
Zion)
Dear Mr.
Kim:
We are the attorneys for Willaredt Oil Company,
Inc..
Pursuant to Section 40(a) (1)
of the Illinois Environmental
Protection Act, 415 ILCS 5/40
(a) (1), and 35
Ill. Adm. Code Sec.
105.208, our client requests that the Pollution Control Board
grant a 90-day extension of time to appeal the Agency’s
September 16,
2003,
decision in this matter.
A true and correct
copy of the said decision letter is attached hereto as Exhibit
A.
The Applicant requests such extension for a period of
90
days,
for the reason that the Applicant,
by and ‘through its
attorneys,
intends to meet with appropriate Agency personnel
in
the near future with the hope and expectation of working out
a
fair and reasonable settlement of the issues,
thereby obviating
the need for a formal appeal and hearing.
Such efforts are more
likely
to. succeed if they are unencumbered with the -litigation
responsibilities and deadlines which would apply if an immediate
appeal were taken.
The Applicant hereby requests the Agency to file its
concurrence with the Board so that the statutory extension may
be granted.
Your prompt attention to this request would be greatly
appreciated.
John
J.
Kim
October 16,
2003
Page
2
Thank you.
FCP/sew
Enclosure
Very truly yours,
&
ADANI
C~\MAPA\CDAVIS\Wi11aredt\Kjm
10
17
03.wpd
sew
10/16/03
John J.
Kim
October 16,
2003
Page
3
Proof of Service
The undersigned certifies that
a copy of the foregoing
Letter of Request for Extension was served upon the following
parties by enclosing the same in envelopes addressed to said
parties with postage fully prepaid,
and by depositing said
envelope in a U.S.
Post Office mail box in Springfield,
Illinois
on the 16th day of October,
2003:
John J. Kim
Special Assistant Attorney General
Illinois
Environmental
Protection
Agenc’
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
MOHAN,
ALEWELT,
PRILLAMAN
&
ADANI
1 North Old Capitol Plaza
Suite
325
Springfield,
IL
62701
(217)
528-2517
C:\MAPA\CDAVIS\Willaredt\Kim
10
17
03.wpd
sew
10/16/03
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on October 21, 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
Fred C.
Prillaman
Illinois Pollution Control Board
Mohan, Alewelt, Prillaman & Adami
James R. Thompson Center
Suite
325
100 West Randolph Street
1 North Old Capitol Plaza
Suite 11-500
Springfield,IL 62701-1323
Chicago, IL 60601
ILLINOISENVIRONMENTALPROTECTION AGENCY,
Assistant Counsel
Special AssistantAttorney 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)