BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE
RECEIVE 0CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL BOARD STATE OF ILLINOIS
REQUEST FOR NINETY DAY EXTENSION
OF APPEAL PERIOD
7002 3150 0000 122? ~21D
BloomingtonlBrock Oil Company
601 North Clinton Street
LUST Incident No. 20000434LUST Technical File
USI Project #1800024
CERTIFICATE OF SERVICE

RECEIVED

CLERK’S OFFICE

JAN 20 2004

STATE OF ILLINOIS

Pollution Control Board

PCB No. 04-

1 ~

(LUST Appeal

—

Ninety Day Extension)

Dorothy M. Gunn, Clerk

CoreyEversgerd, 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, 1L 62898-0360

Chicago, IL 60601

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: January 14, 2004

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

BROCK OIL COMPANY,

)

Petitioner,

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

RECEIVE 0

CLERK’S OFFICE

JAN 20 2004

BEFORE THE POLLUTION CONTROL BOARD

STATE OF ILLINOIS

OF THE STATE OF ILLINOIS

Pollution

Control Board

BROCK OIL

COMPANY,

)

Petitioner,

)

PCB No. 04-

la-i

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

5140(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 April 13, 2004, or any other date not more than a total of one hundred twenty-five

(125)

days from December 10, 2003, the date of service ofthe Illinois EPA’s final decision. In

support thereof, the Illinois EPA respectfully states as follows:

On December 9, 2003, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

On December 10, 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. A

subsequent conversation with the consultant for the Petitioner confinned that that the final

decision was received on December 10, 2003. (Exhibit B)

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 ofany

hearing that may be necessary to resolve this matter.

WHEREFORE, for the reasons stated above, the parties request that the Board, in the

interest ofadministrative 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

i~m

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: January 14,~2004

This filing submitted on recycled paper.

LNVIRONMENTAL PROTECTION AGEN.~CY

1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276, 217-782-3397

JAMES

R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 1 1-300, CHICAGO, IL 60601, 31 2-814-6026

RENEE CIPRIANO, DIRECTOR

2 17/782-6762

CERTIFIED

MAIL

7002 3150 0000 122? ~21D

DEC U92O~

Brock Oil Company

Attn: JeffBrock

601 North Clinton Street

Bloomington, Il 61701

Re:

LPC #1130205274

McClean County

BloomingtonfBrock Oil Company

6G1 North Clinton Street

LUST Incident No. 20000434

LUST Technical File

Dear Mr. Brock:

DEC 10 REC’D

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the High Priority

Corrective Action Plan (plan) submitted for the above-referenced incident. This information,

dated October 03, 2003, was received by the Illinois EPA on October 06, 2003. Citations in this

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

(35

Ill. Adm. Code).

Pursuant to Section

57.7(c)(4)(D)

ofthe Act and 35 Ill. Adm. Code 732.405(c), the High Priority

Corrective Action Plan is rejected for the reasons listed in Attachment A.

Pursuant to Sections 57.7(a)(1) and 57.7(c)(4)(D) ofthe Act and

Ill. Adm. Code 732.405(e)

and 732.503(b), the associated budget is rejected for the reasons listed in Attachment B.

RocKFO~t~

—

4302

Norlh

Main Street, Rockfor~l

Eicir~

— 595 South Side. E~in,ft

EL~:~L

or ~

F~oo’.

— 7620 ~

Univerri~\

SL, F—

5pei~crEic’

—

~500

5. Sixth

Street

Rd. Spring

Plaines, IL 60016 —

1847)

294-4000

16(4 —(309)693-5465

Criarr.caigr., ft

69620—217)278-58cc

insville, ft 62234 — (618) 346-51 2C

ROD R. BLAGOJEVICH, GOVERNOR

•

~4)~’~A

7~~—

‘~

Pa~e2

Pursuant to 35 Iii. Adm. Code 732.401, the Illinois EPA requires submittal ofa revised High

Priority Corrective Action Plan, and budget if applicable, within 90 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 Office Box 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.

Ifyou have any questions or need further information, please contact Wayne Zuehike at

217/557-6937.

Sincerely,

C~i~ ~Jh~J~

Clifford L. Wheeler

Unit Manager

Leaking Underground Storage Tank Section

Division of Remediation Management

Bureau ofLand

CLW: WZ\20000434HPCAPDEN.doc

Attachment: Attachment A

Attachment B

Appeal Rights

cc:

USI

Division File

Attachment A

Re:

LPC #1130205274 —

McClean

County

Blooniington/Brock Oil Company

601 North Clinton Street

LUST Incident No. 20000434

LUST Technical File

Citations in this attachment are from the Environmental Protection Act (Act) and

35 Illinois

Administrative Code

(35

Iii. Adm. Code).

Pursuant

to 35111. Adm. Code 732.407(a), an owner or operator may choose to use an

alternative technology for corrective action in response to a release ofpetroleum at a High

Priority site. Corrective action plans proposing the use ofalternative technologies shall

be submitted to the Illinois EPA in accordance with 35111. Adm. Code

732.405.

addition to the requirements for corrective action plans contained in 35 111. Adm. Code

732.404, the owner or operator who seeks approval ofan alternative technology shall

submit documentation along with the corrective action plan demonstrating that:

The proposed alternative technology has a substantial likelihood of successfully

achieving compliance with all applicable regulations and all corrective action

remediation objectives necessary to comply with the Act and regulations to

protect human health or the environment;

The proposed alternative technology will not adversely affect human health or the

environment;

The owner or operator will obtain all Illinois EPA permits necessary to legally

authorize use ofthe alternative technology;

The owner or operator will implement a program to monitor whether the

requirements of35 Ill. Adm. Code 732.407(a)(l) have been met; and

Within one year from the date of Illinois EPA approval, the owner or operator will

provide to the Illinois EPA monitoring program results establishing whether the

proposed alternative technology will successfully achieve compliance with 35111.

Adm. Code 732.407(a)(I) and any other applicable regulations. The Illinois EPA

may require interim reports as necessary to track the progress ofthe alternative

technology. The Illinois EPA will specify in the approval when those interim

reports shall be submitted to the Illinois EPA.

The plan fails to meet the above requirements for the following reason(s):

A. The consultant has not submitted an acceptable feasibility study:

The consultant is proposing to treat both the groundwater and soil contamination with

bioremediation technology. The feasibility study has not addressed both soil and

groundwater concerns.

1. The study does not have enough soil borings and monitoring wells to define the

area to be treated with Permeox.

2. The Agency suggests a minimum offive soil borings be placed within, the soil

contamination plume one upgradient, one downgradient, and three across the

width ofthe plume.

3. The Agency suggests a minimum of five monitoring wells should be placed

within the groundwater contamination plume to be treated one upgradient one

downgradient and three across the width ofthe plume.

4. The vertical extent ofthe soil contamination must be defined within the soil

contamination plume.

The feasibility study had shown analytical results ofhigh COD and TPH

concentration at BH-2. This area must be defined as to it’s extent.

6. The feasibility study must include all calculations, parameters and assumptions

used to determine radius of influence and Permeox usage for the site.

B. The plan did not address the groundwater contamination off site and not directly

remediated by the Permeox.

\VZ\20000434Attachment A.doc

Attachment B

Re: LPC #1130205274

—

McClean County

Bloomington/Brock Oil Company

601 North Clinton Street

LUST

Incident No. 20000434

LUST Technical File

Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois

Administrative Code

(35

Ill. Adm. Code).

The budget is denied for the following reasons:

1. The Illinois EPA has not approved the plan with which the budget is

associated. Therefore, the Illinois EPA cannot determine whether these costs

are for activities in excess of those necessary to meet the minimum

requirements ofTitle XVI of the Act (Section

57.5(a)

ofthe Act and

35 Ill.

Adm. Code

732.505(c)).

Costs for corrective action activities and associated

materials or services exceeding the minimum requirements necessary to

comply with the Act are not eligible for reimbursement from the Fund

(35

Ill.

Adm. Code 732.606(o)). It also cannot be determined whether the costs are

corrective action costs. “Corrective action” means an activity associated with

compliance with the provision ofSection 57.6 and

57.7

ofthe Act (Section

57.2 of the Act and 35 111. Adm.Code 732.103). One of the eligibility

requirements for accessing the Fund is that costs are associated with

“corrective action” (Section

57.9(a)(7)

ofthe Act). In addition, it cannot be

determined whether these costs are reasonable as submitted-

(Section

57.7(c)(4)(C)

of the Act and

Ill. Adm. Code 732.505(c) 732.606(hh)).

2. The treatability (bench) study proposed in the plan is considered excessive by

the Agency.

3. Invoice showing the cost per pound of compound must be submitted.

WZ\20000434Attachment A.doc

‘I

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 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 ofan 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

P.O.

Box 360

6295

East

Illinois Highway 15

Woodlawn, Illinois 62898-0360

December 10, 2003

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021 North Grand Avenue East

Springfield, IL 62794-9276

Attn: John Kim

Re:

LPC# 0390155020

—

McClean County

BloomingtonlBrock Oil Company

601 North Clinton Street

LUST Incident No. 20000434

LUST Technical File

USI Project #1800024

Dear

Mr. Kim:

Phone: (618) 735.2411

Fax: (618) 735.2907

E-Mail: unitedscience@unitedscience.com

:~-,

~i~

:~T~’

Diy~~j~

DEC~~,

EnvjrQflr~Q~~

.~eflcy

United Science Industries, Inc. (USI), on behalf of our client, Brock Oil Company, is

requesting a 90-day extension of the 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 618-735-2411 extension

125.

Sincerely yours,

UNITED SCIENCE INDUSTRIES, INC.

Corey

64~

Eversgerd

Project Manager

Enclosures

UNITED SCIENCE -INDUSTRIES

CE;jlr

CERTIFICATE OF SERVICE

I, the

undersigned attorney at law, hereby certify that

January 14, 2004, 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

Corey Eversgerd, 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)