COOPER
OIL
COMPANY
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
)
APR
135
2004
STATE OF ILLINOIS
POIIUtjOfl Control Board
)
)
PCBNo.04-
/1
(LUST Appeal
—
Ninety Day Extension)
)
)
)
Mark Owens, Project Manager
United Science Industries
P.O. Box 360
6295
EastIllinois 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 servedupon you.
Respectfullysubmitted,
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: April
2, 2004
BEFORE
THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
Petitioner,
V.
Respondent.
NOTICE
BEFORE THE POLLUTION CONTROL BOARD
APR
0. 52004
OF THE STATE. OF ILLINOIS
~ ‘ATE OF ILLIN
u
ion Control
COOPER OIL COMPANY,
.
)
/
“Oard
Petitioner,
)
S
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
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 July 6, 2004, or any other date not more than a total ofone hundred twenty-five
(125)
days from the date of service of the Illinois EPA’s final decision.
The l25t~~
day is July
5,
2004,
which is
a state holiday.
The next business day is July
6, 2004.
In support thereof, the Illinois
EPArespectfully states as follows:
1.
On February 26,
2004,
the Illinois
EPA issued a final decision to the Petitioner.
(Exhibit A)
.
2.
On March 3, 2004, 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 EPAjoin in requesting
that
the Board extend the thirty-five
day period for filing
a petition
to
ninety days.
The final
decision provided by the Petitioner indicates the letter was received on March
1,
2004.
(Exhibit
B)
1
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,
Respondent
JC,.LJ~LI
~.
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: April 2, 2004
This filing
submitted on recycled paper.
2
1~I1~-)
ILLINOiS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH GRAND AVENUE
EAST,
P.O.
Box 19276,
SPRINGF~ELD,lLLINQIS
62794-9276,
217-782-3397
JAMES
,R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
iL 60601, 312-814-6026
ROD
R.
BLAGOJEVICI-I,
GOVERNOR
RENEE
CIPRIANO,
DIRECTOR
~
L
MAR
(~.1REC’B
FEB
2
6::
2004
Cooper Qil Company
Attentiqn:
William Cooper
401
West Karsch BOulevard
POst Office Box 657
Farmington, MO
63640
LPC
#0250105008--.
Clay County
Flora/Cooper Oil Company
,.
624
East
North
LUST Incident #890185
LUST FISCAL FILE
.
.
Dear Mr. Cooper:
.
.
...
The Agency has completed the review ofthe request for reimbursement ofcorrective action costs
from the Illinois Underground Storage Tank Fund for the above-referenced facility.,
The invoices
reviewed covered the period from December
1,
1994 to November 30,
1999.
The amount
requested was $52,727.48.
.
.
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 January 30, 2004, the Agency
received your complete request for payment for this claim.
As
a result ofthe Agency’s review of this claim, a voucher.for $17,089.33
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 th~above invoices.
An underground
storage tank owner or operator may appeal
this final decision to the Illinois
Pollution
Control
Board
(Board) pursuantto
Section 22.18b(g) and
Section 40 of the Act by filing a.petition for a
hearing within 35
days after the date of issuance of the final decision.
However; the 35-day
periodmay be extended for a period of time
not to
exceed
90 days by written notice from the
.1
Rocetcer
—
430?
Nor~h
Mein
Street, Roc)Oord,
IL
61103
—
181St
9~
Ha~isonSI.,
Des
Plaines,
IL
60016
—
(847)
294-4000
E
(.:j~
—
595
Sout8
SI,ite,
Elgin.
IL
801 23
8-1
608-3
~i)v Si.,
Peoria,
IL
61614
—
309)
693-5463
a
L•’.-~:
-
Po
~ri~
—
7620
~-:
LjnR’er~jI\Si..
Peorie
IL
t:-i
—
o:
25
s~toLiNt
Soi-oI,
Champ,tign,
IL
(820
—
21
7i
276-5800
s
SNI one
—
005
So-ih
SlreeI Rd
Spr~rg,tie)c IL
6_
08
—
29 M
I
Street
Collie
iIIe
‘L
8
—
to
I
6)
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1
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-
2:30q
\\.
M~H
18) 993-7200
217/782-6762
EXHIBIT
—
A
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 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 of Illinois Center
100 West Randolph, Suite 11-500
.
Chicago, Illinois
60601
.
312/814-3620
.
,
.
.
.
For information regarding the filing of an extension, please contact:
Illinois Environmental Protection’ Agency
.
Division ofLegalCounsel
.
102,1
North Grand Avenue East
Springfield, Illinois 62794-9276
.
217/782-5544
.
.
.
Ifyou
have any questions, please
contact Catherine
S.
Elston ofmy staff or Mike Heaton of
Mike Lowder’s staff at 217/782-6762.
.
.
.
Do~gYas
E,
‘Oakley, Manager
LUST Claims Unit
Planning &
Reporting Section
Bureau of Land
,
DEO:CSE:jk\043
1 19;doc
Attachment
S~
cc:
United Science Industries
•
Attachment A
Accounting Deductions
‘Re:
.
.LPC#0250105008--ClayCounty
-
Flora/Cooper Oil
Company
624 East North
.
.
LUST Incident #890185
‘
LUST FISCAL FILE
‘
Item #
DescriptiOn of Deductions,
•
1.
-
$486.50,
deduction
in costs that the own~r/operator
failed to demonstrate were
reasonable (SectiOn 22.1 8b(d)(4)(C) ‘ofthe Environmental Protection Act).
‘~MobihzationiDemobilization
on Dickman Engineering invoice #9616 is unreasonable
-
$420.00.
•
.
.
.
.
•
Vehicle mileage rate on Dickman Engineering invoice #9821
is unreasonable
-
$66
50
DEO:’CSE:jk\043119.doc
.
.
.
.‘
••
.
‘
,:
Attachment A
Technical Deductions
Re:
LPC #0250105008
--
Clay County
Flora/ Cooper Oil Co.
624 EastNorth Ave.
LUST Incident No. 880340,
890185
LUST Technical File
NOTE:
Citations in this attachment are from 35 Illinois Administrative Code
(35
IAC) and the
Illinois Environmental Protection Act (Act).
Item #
Description OfDeductions
1.
$35,151.65,
deduction
fOr an apportionment ofcosts.
Illinois EPA has determined that
•
an apportionment of 1/3
eligible and 2/3
ineligible is
appropriate forthis facility.
This
~
is based upon the fact that the tank(s) which leaked in
1986 is unknown and product
loss/gain occurred in all three tanks,
thus all three tanks are assumed to have leaked.’
One ofthese three tanks had
a release in
1989 when the piping broke during tank’.
relining.
Therefore, eligible costs shall be
33.33
ofthe total costs~
.
‘
nih
.,•iIai0L~Mi1
~
UNITED
SCIENCE INDUSTRIESj~
RO.
Box 360
6295
East Illinois Highway 15
Woodlawn, Illinois 62898-0360
March
3, 2004
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
a
90-day
extension
to
the
35-day
appeal
IEPA correspondence included.
RECEIVED
Division of LegalCou~~l
MAR 05
2004
nvironmental ProtecUQ~i
Agency
Phone:
(618) 735-2411
Fax:
(618) 735-2907
E-Mail: unitedscience@unitedscience.com
client,
William Cooper,
is
period
in
regards
to
the
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
ext.
175.
Sincerely yours,
UNITED SCIENCE
INDUSTRIES,
INC.
2a~7
Mark Owens
Project Manager
Enclosures
MO:bg
CERTIFICATE OF SERVICE
I, the undersigned attorney
at law,
hereby certify that
on April 2,
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
62898-0360
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
John Jc-Kim
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)