NOTICE
REQUEST FOR NINETY DAY EXTENSIONOF APPEAL PERIOD

624 East NorthLUST Incident No. 890185ATTN:John Kim

UNITED ‘SCIENCE INDUSTRIES

fE ~V

CLERK’S OFFICE

BEFORE THE POLLUTION CONTROL BOARD

APR

2004

OF THE STATE OF ILLINOIS

STATE OF ILUNO~S

PoIIut~onContro’ Board

COOPER OIL COMPANY,

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph

Street

Suite 11-500

Chioago,

IL 60601

)

NOTICE

PCB No. 04-

(LUST Appeal

—

Ninety Day Extension)

Mark Owens, Project Manager

United Science Industries

P.O. Box 360

6295

East Illinois Highway

Woodlawn,

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

Assi~stant

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: March 31, 2004

CLERK’S OFF(~’E~

APR

022004

BEFORE THE POLLUTION CONTROL BOARD

~TI~TE

OF ILLINOIS

OF THE STATE OF ILLINOIS

rol

BO~rçj

COOPER OIL COMPANY,

)

Petitioner,

)

PCBNo. 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

Section

40(a)( 1)

of the

Illinois

Environmental

Protection

Act

(415

ILCS

5/40(a)(1))

and

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

June 29,

2004,

or any

other date not

more than a total of one

hundred

twenty-five

(125) days from

February

25,

2004,

the date of service of the Illinois EPA’s

final decision.

support thereof, the Illinois EPA respectfully states as follows:

On February

24,

2004,

the Illinois EPA issued

a final decision to

the Petitioner.

(Exhibit A)

On March 3, 2004,

the Petitionermade a written request to the Illinois EPA for an

extension oftime by which to file a petition for review, asking the Illinois EPAjoin in requesting

.that the Board extend the thirty-five day period for filing a petition to ninety days.

The Petitioner

represented that the final decision was received on February

25,

2004.

(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,

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 of Legal Counsel

1021 North Grand Avenue, East

P.O.

Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143

(TDD)

Dated: March 31, 2004

This filing submitted on recycled paper.

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD, ILLINOIS

62794-9276

JAMES

THOMPSON

CENTER,

100

WEST

RANDOLPH, SUITE

11-300,

CHICAGO,

60601

ROD

BLAGOJEVICH,

GOVERNOR

RENEE CIPRIANO,

DIRECTOR

217/782-6762

FEB

2004

Re:

LPC #0250105008

Clay County

FloralCooper Oil

Company

624 East North

LUST Incident #890185

LUST FISCAL FILE

Dear Mr. Cooper:

FEb

PEC’D

The Agencyhas completed the review ofthe request for reimbursement of corrective action costs

from the Illinois Underground Storage Tank Fund for the above-referenced facility.

The invoices

reviewed covered the period from May 1, 2003

to August

31, 2003.

The amount requested was

$6,120.60.

The deductible amount for this claim is $10,000.00, which was previously deducted from the

Invoice Voucher dated April 29, 2003.

Listed in Attachment A are the costs which are not being

reimbursed from this request and the reasons these costs are

not being reimbursed.

On October 9, 2003, the Agency received your complete request for payment for this claim.

As a

result ofthe Agency’s review of this claim,

voucher for $2,040.20 will be prepared for

submission to the Comptroller’s Office for payment as funds become available based upon the

date the Agency received your complete request

for payment ofthis

claim.

Subsequent claims

that have been/are submitted will be

processed based upon the date complete subsequent billings

requests are received by the Agency.

This constitutes the Agency’s final action with regard to

the

above invoices.

An underground

storage tank owner or operator may appeal

this

final decision to

the Illinois Pollution

Control

Board (Board) pursuant to

Section

22.1 8b(g) and Section 40

of the Act by filing

a petition for a

hearing within 35 days after the date of issuance ofthe final decision.

However, the 35-day

period may be extended for a period of time not

to exceed

days by written notice from

the

V.’.

1-larricon

St.,

Dec

Plaines,

61)1116

—

tFt471 29--—t000

•‘~cit’. St.,

Pc’d,’t.

1,1(1_4

Sot

t~n5_,4(,3

Seth iir~t5tr~c—t,(

tLintt),tit1n.

—

—.

‘~t,iII Strent,

(.:(~

!rr~\iIIe,IL

(11.1—i

—

(‘tt1~14i’—5t2t

Cooper Oil Company

Attn:

William Cooper

P.O.

Box

657

Farmington,

Missouri

63640

R~~uo~

—

4302

North Main

Street.

Rockt’iird,

Ut lIlt

—

5’

Et..t’—

—

5’I~

N~uth

State.

Eluin.

(tO

—

•‘‘

‘

:“.:‘

I’S

c’

—

Th2tt

,“..

LnRr’iHt~ St., 1’i’ij,~

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—45005.

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tt)~i

\t,n’

EXHIBIT

Page 2

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 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, Illinois 60601

312/814-3620

For information regarding the filing ofan extension, please contact:

Illinois Environmental Protection Agency

Division of Legal Counsel

1021

North Grand Avenue East

Springfield, Illinois 62794-9276

217/782-5544

If you have

any

questions, please contact

Diana

Gobelman of my staff at 217/782-6762.

QEO:DLG:mls\043 1 64.doc

Attachment

E. Oakley, Manager

LUST Claims Unit

Planning &

Reporting Section

Bureau ofLand

cc:

United Science Industries

Attachment A

Accounting Deductions

Re:

LPC #0250 105008

Clay County

FloralCooper Oil Company

624 East North

LUST Incident No. 890185

LUST

FISCAL FILE

Item#

Description ofDeductions

$4,080.40, deduction for an apportionment ofcosts.

Illinois EPA has determined that

an apportionment of 1/3

eligible and 2/3 ineligible is appropriate for this facility.

This

is based upon the fact that the tank(s) that leaked in

1986 is unknown and product

loss/gain occurred in all three tanks,

thus all three tanks are assumed to be have leaked.

One ofthese three tanks had a release in

1989 when the piping broke during tank

relining.

Therefore, eligible costs shall be

3 3.33

ofthe total

costs.

DLG:mls\043

1 65.doc

DM&on

of Legal

Counsel

P.O.

Box 360

6295

East Illinois Highway 15

Woodlawn, Illinois 62898-0360

March 3,

2004

MARg52OO’~

Environmental

Protection

Agency

Phone:

(618) 735-2411

Fax: (618) 735-2907

E-Mail:

unitedscience@unitedscience.com

Illinois

Environmental

Protection Agency

Division of Legal Counsel

1021

North

Grand Avenue

East

Springfield,

IL 62792-9276

Re:

LPC# 0250105008--Clay

Co.

Flora/Cooper Oil Company

624 East North

LUST Incident No. 890185

ATTN:

John

Kim

Dear Mr. Kim:

United

Science

Industries,

Inc.

(USI), on

behalf of our

requesting

90-day

extension

the

35-day

appeal

IEPA correspondence included.

client, William

Cooper,

period

regards

the

appreciate

your

time

and

consideration

this

matter.

you

have

any

questions

comments

regarding

this

matter please

contact

at (618)

735-

2411

ext. 175.

Sincerely yours,

UNITED SCIENCE INDUSTRIES,

INC.

UNITED

‘SCIENCE INDUSTRIES

Mark Owens

Project Manager

Enclosures

MO:bg

CERTIFICATE OF SERVICE

I, the undersigned attorney at

law,

hereby certify

that on

March 31,

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

Mark Owens, 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

62898-03 60

Chicago,

IL 60601

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)