BEFORE
THE POLLUTION CONTROL
BOARI~EC~V~D
CLERK’S OFFICE
OF THE STATE OF ILLINOIS
DEC
1
2003
BI~AUN
OIL COMPANY,
)
Petitioner,
)
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Dorothy M. Gunn, Clerk
Illinois
Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite
11-500
Chicago, IL 60601
)
).
)
Respondent.
)
NOTICE
STATE OF IWNOIS
PCB No.
04-
~
Pollution Control Board
(LUST Appeal
—
Ninety Day Extension)
Holly Payne, 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 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, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: November 26,
2003
I
CLERK’S
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
DEC
12003
OF THE STATE
OF ILLINOIS
STATE OF ILLINOIS
BRAUN OIL COMPANY,
)
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
III.
Adm.
Code
105.208,
hereby requests
that
the
Illinois
Pollution
Control Board (“Board”) grant an extension of the thirty-five
(35)
day period forpetitioning for a
hearing to February
24, 2004,
or any
other date not
more than a total of one
hundred twenty-five
(125)
days
from
October
22,
2003,
the date
of the
Illinois
EPA’s
final
decision.
In
support
thereof, the Illinois EPA respectfully states as follows:
1.
On October
22,
2003,
the
Illinois
EPA issued
a
final decision to
the
Petitioner.
(Exhibit A)
2.
On November
14,
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 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,
~
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: November 26, 2003
This filing submitted on recycled paper.
2
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
0
1021
NORTH GRAND
AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276, 217-782-3397
JAMES
R.
THOMPSON CENTER,
100
WEST
RANDOLPH,
SuITE
11-300,
CHICAGO,
IL
60601,
312-314-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
OCT 222Ofl~
Braun
Oil Company
Attention:
Mr. Carl
Braun
312
Druscilla Lane
Waterloo,
Illinois 62298
Re:
LPC #1570605017
-
Randolph County
Sparta! Braun Oil
Company
910 North Market Street
LUST Incident No.
923096
LUST
Technical File
Dear Mr.
Braun:
The
Illinois
Environmental Protection Agency (Illinois
EPA) has reviewed the Corrective Action
Plan
(plan) submitted
for the above-referenced incident.
This information was dated September
15,
2003
and was received by the Illinois
EPA on September
16, 2003.
Citations in this
letter are
from
the Environmental Protection Act
(Act) and 35
Illinois Administrative Code (Ill. Adm.
Code).
The plan
is rejected for the following reasons(s):
The
plan failed to
address both the soil and
groundwater contamination.
The Agency is
requesting a plan that would
address soil
contamination both on and off-site.
The Agency
notes the proposed groundwater use ordinance will be used to
address the groundwater
contamination if approved by the
Agency.
Rcckrrtsrt
—
.1332
North
Main
Street. Rockfc
—
—
59~
South
State,
Elgin,
—
8L’RE~Lo~
L ~.‘.o
PEORIA
—
7620
N.
University St.,
—
4500
S.
Sixth
Street R&
Sprin
MARION
—
.1JU~
VV.
Main
st..
suite
I lb.
Marion,
IL b~~9
—
bIW 99i-/~UU
•‘s
Plajnes, IL
60016 —(847) 294-4000
_.61614
—(309t
693-5463
at, Champaign, IL 61820—
(217) 278-5800
(insville,
IL
62234
—
(618) 346-3120
PR~\rED
O.~
REC’~CLEDPvPRR
Page 2
Pursuant to
35
III. Adm.
Code
73 1.166,
a revised Corrective Action
Plan must
be submitted
within
120 days of the date of this
letter 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 at the beginning of this
letter.
Ifyou
have any questions
or need further assistance, please contact James R.
Malcom, III at
217/524-9140.
Sincerely
Ha
.
Chappel, P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation
Management
Bureau of Land
HAC:jrm
cc:
USI
Division
File