RECEWED
BEFORE
THE POLLUTION
CONTROL BOARDr
-
OF
THE
STATE
OF ILLINOIS
J/~N
9
2004
(W
~WNO~S
POLW11ON
CONTROL
BOARD
AJ 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
)
)
)
PCBNo.04-
)
(LUST
—
NinetyDay Extension)
)
)
NOTICE
Allan Green
Midwest Environmental Consulting
& Remediation Services, Inc.
22200 Illinois
Route 9
P.O. Box 614
Tremont, IL
61568-0614
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
are herewith served upon you.
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:
January
7,
2004
RECEWED
BEFORE
THE POLLUTION CONTROL
BOARD
OF THE STATE OF ILLINOIS
9
2004
AJ OIL COMPANY,
Petitioner,
)
CONTROL BOARD
v.
)
PCBNo.04-
ILLINOIS ENVIRONMENTAL
)
(LUST
-
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
Iii.
Adm.
Code
105.208,
hereby requests
that
the Illinois
Pollution
Control Board (“Board”) grant
an extension ofthe thirty-five
(35)
day period forpetitioning for a
hearing to April 6, 2004, or any other date not more than a total ofone hundred twenty-five
(125)
days
from the date of the
Illinois
EPA’s
final decision.
In
support
thereof,
the
Illinois
EPA
respectfully states as follows:
1.
On December 3,
2003,
the Illinois
EPA issued
a
final decision to
the Petitioner.
(Exhibit A)
2.
On December 24,
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 EPA join in
requesting that
the Board
extend the thirty-five
day period for filing
a petition to
ninety
days.
The Petitioner did not representwhen 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.
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 E~VIRONMENTALPROTECTION 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: January 7, 2004
This filing submitted on recycled paper.
2
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
RENEE
CIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED MAlL
-
7002
3150
0000
122?
2619
DEC
0
3
201fl
AJ
Oil Company
Attn:
Arlan Johnson
12312
West Farmington Road
Hanna City, Illinois
61536
Re:
LPC #1430105004
--
Peoria County
Bellevue/AJ Oil Company
5723
West Plank Road
LUST Incident No. 913105 (941771)
LUST Technical File
Dear Mr. Johnson:
The
Illinois Environmental
Protection Agency (Illinois EPA) has reviewed the High
Priority Site
Investigation Corrective Action Plan (plan) submitted for the abQve-referenced jncident.
This
information, datedSeptembér 29, 2003,
was received by the Illinois
EPA on October 8, 2003.
Citations
in this letter are from the Environmental Protection Act (Act) arid 35 Illinois
Administrative Code
(35
Ill. Adm.
Code).
Pursuant
to Section
57.7(c)(4)
of the Act
and
35
111.
Adm.
Code 732.405(c), the plan
is approved.
The site investigation activities proposed in
the plan are appropriate to develop a High Priority
Corrective Action Plan that demonstrates compliance with Title XVI of the Act arid 35 III. Adm.
Code 732.
Please note
that
the activities proposed in the plan are for investigative purposes only,
Final approval for corrective action activities is contingent upon
the submittal of a High Priority
Corrective Action Plan that documents the results ofthe proposed investigation
and satisfies the
requirements
set
forth in Section
57.7(c)(
I) of the Act and
35111.
Adm. Code 732.404.
In addition, the budget for the High Priority Site Investigation Corrective Action Plan 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 ofreimbursement may be limited by Sections 57.8(e),
57.8(g)
and 57.8(d) ofthe Act, as well as 35
III. Adm. Code
732.604, 732.606(s),
and 732.6’i I.
ROCKFORD —4302
North Main Street.
ROc~
~s
Plaines, IL 60016
—
(847) 294-4000
ELGIN
—595
South State, Elgir
61614—(309) 693-5463
BUREAU
OF
LAND
-
PEORIA
—7620 N.
University
S
—et, Champaign,
IL 61820 —(217) 278-5800
SPRINGFIELD
—
4500 S. Sixth Street
Rd., Spi
llinsvi(Ie,
IL 62234 —(618) 346-5120
Page
2
Please note that,
if the owner oroperator agrees with the Illinois EPA’s modifications, submittal
ofan
amended plan and/or budget, if applicable, is not required (Section 57.7(c)(4) of the Act
and
35
Ill. Adm.
Code 732.503(f)).
Additionally, pursuant to
Section
57.8(a)(5)
ofthe Act and
35 Ill.
Adm. Code 732.405(e), if reimbursement will be sought for any additional costs that may
be incurred as a result of the Illinois EPA’s 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 ofan NFR
Letter will not be reimbursable.
Pursuant to 35
III. Adm.
Code 732.401, the site investigation results and a High Priority
Corrective Action Plan demonstrating compliance with the requirements set forth in
Section
57.7(c)(l)
of
the Act and 35
III. Adrn. Code 732.404 must be submitted within 60 days of the
date ofthis
letter to:
Illinois
Environmental Protection Agency
Bureau ofLand
-
#24
Leaking Underground Storage Tank Section
1021
North Grand Avenue East
Post OlficeBox 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.
Page
3
Ifyou have any questions or need further assistance, please contact Valerie Davis at 2 17-785-
7492.
Sincerely,
c~&j0z
~Ji~Jm,
Clifford L. Wheeler
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau ofLand
CLW:VAD\
Attachment:~
Attachment
A
Appeal rights
c:
MECRS, Inc.
Division File
Attachment A
Re:
LPC#l430105004--PeoriaCounty
Bellevue/AJ Oil
Company
5723
West Plank Road
LUST Incident No. 913105
(941771)
LUST Technical File
Citations in
this attachment are
from the Environmental
Protection Act
(Act) and 35 Illinois
Administrative Code (35 III. Adm. Code).
SECTION
1
,
.
The budget was previously approved
for:
$
9,056.00
Investigation Costs
$
8,300.00
Analysis Costs
$
18,073.00
Personnel
Costs
$
674.00
Equipment Costs
5
24.00
Field Purchases and Other Costs
S
1,822.08
Handling Charges
As
a result ofthe Illinois
EPA’s modification(s) in Section
2 of this Attachment A, the following
amounts are approved:
S
6,330.0()
Investigation Costs
~
4,940.00
Analysis Costs
$
6,500.O()
Personnel Costs
5
476.00
Equipment Costs
S
24.0()
Field Purchases and Other Costs
S.
i,227.O()
Handling Charges
Therefore,
the total cumulative budget is approved for:
S
15,386.1)0
Investigation Costs
$
13,240.1)0
Analysis Costs
$
24,573.00
Personnel Costs
$
1,150.00
Equipment Costs
$
48.0(1
Field Purchases and Other Costs
S
3,049.08
Handling Charges
SECTION1
$
16,895.77
for an adjustment in
(see below).
The Illinois
EPA has determined that these
costs are
not reasonable as submitted (Section 57.7(c)(4)(C) of the Act and 35111. 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
III. Adm. Code
7-32.505(c)).
Please note that additional information and/or supporting documentation
may be provided to demonstrate the costs’are reasonable.
•
-$
100.00
Mobilization.
•
-S
30.00
Decontamination/cleanup
costs.
•
-$
2,061.08
Monitoring Well Installation Materials (4 wells).
•
-$
900.00
Disposal ofCuttings (6 drums).
•
-S
180.00
Soil BTEX analysis (12 total).
•
-S
240.00
Soil
PNA analysis (12 total).
•
-S
210.00
Groundwater BTEX analysis (14 total).
•
-S
280.00
Groundwater PNA analysis (14 total).
•
-$12,493.00 Personnel.
•
-S
7.00
Mileage (total
350).
•
-S
394.69
Handling, based upon above adjustments.
VAD\
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 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 ofthe
date the
final decision was received, along with a
‘copy ofthis deci~ion,
must be sent to
the
Illinois
EPA, as soon as possible.
For information regarding the filing of an appeal, please contact:
Dorothy Gunn, Clerk
lilinois
Pollution Control Board
State of Illinois Center
100 West Randolph, Suite
11-500
Chicago, IL
60601
312/814-3620
For information regarding the filing of an extension, please contact:
Illinois
Environmental Protection .Agency
Division ofLegal Counsel
1021
North Grand Avenue East
Post Office Box
19276
Springfield, IL
62794-9276
2 17/782-5544
Midwest Environmental Consulting
& Remediation Services Inc.
22200
Illinois
Route
9
•
P.O.
Box 614
Tremont,
IL 61568-0614
Phone:
(309) 925-5551
•
Fax:
(309) 925-5606
.RECEIV~3
Dwjsion of LeQaI ~
December 24, 2003
LJEC
3
‘~‘
~r~i
~rIVIronme
Ms. Susan Schroeder
~
F~rotectjon
Illinois Environmental Protection Agency
Agency
DivisionofLegal Counsel
1021
North Grand Avenue East
Springfield, Illinois 62794-9276
RE:
LPC #1430105004— Peoria County
Bellevue/AJ Oil Company
5723 West Plank Road
LUST Incident #913105, 941771
IEPALEGAL FILE
Dear
Ms.
Schroeder:
Please find the request for a 30-day extension to file an appeal for the IEPA correspondence dated
December
3,
2003.
Due to the busy schedule of our office, the Holiday season, and
the necessary
time it will take to file an appeal
with the Illinois Pollution Control Board,
additional time is
needed to file the appropriate paperwork.
As always,
do not hesitate to
contact my office with any questions or comments.
Sincerely,
Midwest Environmental Consulting & Remediation Services, Inc.
Allan Green
President
TKB
Project No.450
cc:
Mr. Arlan Johnson
CERTIFICATE OF SERVICE
I, the undersigned attorney
at
law,
hereby certify that on
January 7,
2004,
I served
true
and correct copies ofa
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. Gum, Clerk
Allan Green
Illinois Pollution Control Board
Midwest Environmental Consulting
James R. Thompson Center
& Remediation Services, Inc.
100 West Randolph Street
22200 Illinois Route 9
Suite 11-500
P.O.Box614
Chicago, IL 60601
Tremont, IL
61568-0614
ILLINOISENVIRONMENTAL PROTECTIONAGENCY,
Respondent
John
-
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)