THOMECZEK OIL COMPANY,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
CLERK’S OFFICE
DEC
8
2003
)
)
PCBNo.O4~Ctj
)
(LUST Appeal
—
Ninety Day Extension)
)
)
NOTICE
STATE OF ILLINOIS
Pollution Control Board
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite
11-500
Chicago, IL 60601
Sallie Minks, Project Manager
United Science Industries
P.O. Box 360
6295
East fllinois 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,
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
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: December
5,
2003
REC~iiVED
CLERK’S
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
DEC
8
2003
OF THE STATE
OF ILLINOIS
STATE OF ILLINOIS
Pollution
Control Board
THOMECZEK OIL COMPANY,
)
Petitioner,
)
v.
)
PCBNo.04-61
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
March
4,
2004,
or any
other date not
more than a
total of one hundred
twenty-fiv.e
(125)
days
from
October
31,
2003,
the
date of the
Illinois
EPA’s final decision.
In
support
thereof, the Illinois EPA respectfully states as follows:
1.
On October
31,
2003,
the
Illinois
EPA issued
a
final decision to
the Petitioner.
(Exhibit A)
2.
On November
13,
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 identif~’
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 forpetitioning for a hearing.
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: December
5,
2003
This filing submitted on recycled paper.
2
//~97_7~)? ~
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
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, 312-814-6026
ROD
R.
BLAGOJEVICH,
GOVERNOR
RENEECIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED MAIL
7002
3150
0000
~22?
0349
OCT
3
12003
Thomeczek Oil Company
Attention:
Mr. Dan Thomeczek
P.O.Box66
Alton, Illinois 62002
Re:
LPC
1190405159 --Madison County
Granite City! Thomeczek Oil
Company
3252 West Chain ofRocks Road
LUST Incident No. 991248 &
983101
LUST
Technical File
Dear Mr. Thorneczek
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 September 22, 2003, was received by the Illinois EPA on September 23, 2003.
Citations in this letter are from
the Environmental Protection Act (Act) and 35 Illinois
Administrative Code
(35
III. Adm. Code).
The budget is modified pursuant to
Section
57.7(c)(4)
of the 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
of Attachment A are approved.
Please note that the costs must be incurred in
accordance with the approved plan.
Be aware that the amount ofreimbursement may be limited
by Sections
57.8(e), 57.8(g)
and
57.8(d)
of the Act, as well as 35
Ill. 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, Rockford,
IL 61103— (815) 987-7760
•
DEs
PLAINE
—
1
W.
H~rric
Plaines,
IL 60016 —(847) 294-4000
ELaN
—595
South State,
Elgin,
IL
~_
614— (309) 693-5463
BUREAU
OF
LAND
-
PEORIA
—7620 N. University
SE.,
Champaign,
IL 61820— (217) 278-5800
SPRINGFIELD
—4500
S.
Sixth Street Rd., Springt____.
isviofe,
IL 62234—1618) 346-5120
MARl
PRINTED
ON
RECYCLED
PAPRR
Page 2
An underground storage tank system owner or operator mayappeal this decision to the Illinois
Pollution Control Board.
Appeal rights are attached.
f you have any questions or need further assistance, please contact James R. Malcom, IH at
217/524-9140.
Sincerely,
ry A. Chappel, P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau ofLand
HAC: jrm
Attachment:
Attachment A
cc:
USI
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)
ofthe Act by filing a petition
for a hearing within 35
days after the date ofissuance ofthe final decision.
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 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 of an appeal, please contact:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
100
West Randolph, Suite 11-500
Chicago, IL
60601
312/814-3620
For information regarding the filing ofan
extension, please contact:
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021
North Grand Avenue East
Post Office Box
19276
Springfield,
IL
62794-9276
217/782-5544
Attachment A
Re:
LPC 1190405159 --Madison County
Granite City!Thomeczek Oil Company
3252 West Chain ofRocks Road
LUST Incident No. 991248
& 983101
LUST Technical File
Citations in this attachment are from the Environmental
Protection Act (Act) and 35
Illinois
Administrative Code
(35
Ill. Adm.
Code).
SECTION
1
As
a result ofthe Illinois
EPA’s modification(s) in Section
2 ofthis Attachment A, the following
amounts are approved:
$0.00
Investigation Costs
$0.00
Analysis Costs
$800.00
Personnel Costs
$0.00
Equipment Costs
$0.00
Field Purchases and Other Costs
$0.00
Handling Charges
SECTION
2
1.
$6,355.00
for an adjustment in unreasonable personnel costs.
The Illinois EPA has
determined that these ôosts are not reasonable as submitted (Section
57.7(c)(4)(C)
ofthe
Act
and 35
Ill. Adm. Code 732.606(hh)).
One ofthe overall goals of the financial review
is to assure that costs associated with materials, activities,
and services are reasonable
(35
Ill. Adm.
Code
732.505(c)).
Please note that additional information and/or supporting
documentation may be provided to demonstrate the costs are reasonable.
All costs previously denied by the Agency continue to be
denied as adequatejustification
has not been submitted for the additional personnel costs being requested.
The Agency is
reimbursing forthe personnel time involved during the Tier II calculations performed.
TOTAL AMOUNT APPROVED FOR HIOGH PRIORITY CORRECTlYE ACTION:
$21,286.80
Investigation Costs
$26,540.00
Analysis Costs
$137,819.00
Personnel
Costs
$72,323.60
Equipment Costs
$303,523.70
Field Purchases and
Other Costs
$1 1,704.00
Handling Charges
jrm
P.O.
Box 360
6295
East IlUnois Highway 15
Woodlawn, Illinois 62898-0360
November 13,
2003
Illinois
Environmental
Protection Agency
Division of Legal Counsel
1021
North Grand Avenue
East
Springfield,
IL 62792-9276
Re:
LPC# 1190405159— Madison County
Granite City/Thorneczek Oil Corn pany
3252 West Chain of Rocks
Road
LUST Incident No. 983101
& 991248
Dear Mr.
John
Kim:
Phone:
(618) 735-2411
Fax: (618) 735-2907
E-Mail:
unitedscience@unitedscience.com
it
~
~
I
I,
I
,)I
~
t\Hi51
i
~
Envir0nfl1~fltaI
ri~tQCtl01~
AgencY
United
Science
Industries,
Inc.
(USI),
on
behalf
of
our
client,
Mr.
Dan
Thomeczek,
is
requesting
a
90-day
extension
to
the
35-day
appeal
period
in
regards
to
the
IEPA
correspondence
dated
October
31,
2003.
A
copy
of the
correspondence
is attached.
I
appreciate
your
time
and
consideration
in
questions or comments
concerning the
above,
2411
ext
166.
this
matter.
please contact
If
you
have
any
me at (618)
735-
Sincerely yours,
UNITED SCIENCE
INDUSTRIES,
INC.
(
‘SaIlie Minks
Project Manager
Enclosures
UNITED
SCIENCE
INDUSTRIES
cc:
Mr.
Dan Thomeczek
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that
on December
5,
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:
DorothyM. Gunn, Clerk
Sallie Minks, 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
62898-0360
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
John
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)