RECE~VED

CLERK’S OFFICE

JUN

0 ~2004

BEFORE THE POLLUTION CONTROL BOARD

STATE OF ILLINOIS

OF THE STATE OF ILLINOIS

Pollution Control

Board

V.

TELZROW

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

Petitioner,

)

)

PCBNo.04-

)

(LUST

—

Ninety Day Extension)

)

)

NOTICE

Carolyn S. Hesse

Barnes & Thornburg

Suite 4400

One North Wacker Drive

Chicago, IL

60606-2809

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 herewithserved upon you.

Respectf1~1ly

submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

Jolili L

Assistant Counsel

Special Assistant Attorney General

Divisionof Legal Counsel’

1021 North Grand Avenue, East

P.O. Box 19276

Springfield,

illinois 62794-9276

217/782-5544

2 17/782-9143

(TDD)

Dated: June 8,

2004

Respondent.

---

RECEWE~D

CLERK’S OFFICE

JUN

09200k

BEFORE THE

POLLUTION CONTROL BOARD

OF THE

STATE OF ILLINOIS

PollUtion Control Board

TELZROW

OIL

COMPANY,

)

Petitioner,

)

v.

)

PCB No. 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 1.

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

Iii.

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 September 7, 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

125th

day

is

September

6,

2004,

a State holiday,

and

the next business day is

September

7, 2004.

In support

thereof, the Illinois EPA

respectfully

states as follows:

1.

On

May

3,

2004,

the

Illinois

EPA

issued

a

final

decision

to

the

Petitioner.

(Exhibit A)

2.

On June

7, 2004,

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 apetition to

ninety

days.

The Petitioner

represented that the final decision

was

received on May 4, 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

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:

June 8, 2004

This filing submitted on recycled paper.

2

---

3UN972904

16:21

2177929907

~~JUN.

7. 2004

4:16PW

2177829997

P.04/36

NO.282

P.

4

O

ILliNOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NoRm

CRANe

AVENUE

Ems?,

P.O.

Box

19276,

5Pstt~cpI~Lo,

ILUNOLS

62794-9276.

217-782-3397

JAMES

R.

THOMPSON

CENtER,

100

WEST

RANDOLPH,

Surit

1 1-300,

CHICA.co,

IL 60601, 312-814-5026

ROD It

Bi.AGOJEVICH,

CCV6RNOR

RENEE CIPRIANO,

DIRECrOR

217/782-6762

CERTIFIED MAIL

IOU?

3150

0000

1~5I 3E66

M4YO32~

Telzrow Oil Company

______________

Attn: Jim

Te1n~ow

P.O.

Box 259

MAY

4

2004

White

Hall, illinois 62092

Re:

LPC

#0130205006

—

Calhoun County

Hardin/TeL~ow

Oil Company

Main and

Park

Streets

LUST Incident No. 20000881

LUST TechLdcal File

Dear Mr. Teirow:

The Illinois

Environmental Protection Agency (Illinois EPA) has reviewed

the High

Priority

Corrective Action Plan

(plan) submitted

for the

above-referenced incident.

This infoxmatiou,

dated February 9,2004, was received by the Illinois BPA on February

11,

2004,

Citations in this

letter are from the Environmental Protection Act

(Act) and

35 Illinois Administrative

Code

(35

Iii.

Mm. Code).

Pursuant

to Section 57.7(c)(4)(D) ofthe

Act and

35111.

Adm. Code 732.405(c),

the High

Priority

Corrective ActionPlan is rejected forthe followingreason(s):

1.

Additional information

is

still

needed

with

regards to the

actual makeup

of

eachbi~

slurry inoculation mixture and

the

specific steps

and information that are taken into

consideration

to

determine

the

type

ofmixture

and

how much is

necessary for

each

injection well.

This information

must also include a detailed breakdown ofthe cost of

each mixture

and/or

the

individual

ingredient costs. Please be

advised

that

the

Agency

has

provisions in place to handle

tle

submission ofproprietary

information

so that

trade

secrets

are

not

compromised.

Pursuant to

Sections 57.7(a)(l)

and

57.7(c)(4)(D) ofthe Act

and

35

IlL

Adm.

Code 732.405(e)

and

732.503(b), the associated budget is rejected for the following reason(s):

l~The associated budg;t is denied due to the

fact

that the plan for which the budget is

associated has been

denied.

Therefore, the Agency cannot

assess the appropriateness

of.

Rocxrow

—

4302 North Main

Sweet, Rockfard,

II. 61103— (615) 9p

M2nknn

—595 Saud, Spate,

81gm,

IL 60123

—(84?) 608.1

EXHIBIT

DLj&RArj

OF

L&NO

-

PEORIA —7620 N. University

St., Peoria,

LI. 61814—(3

SPRLscFra~o—4500

S.

Sixth

Screet

Rd.,

Springfiold,

IL 62706 —(21

MMLON—2309W.Main

.j\

—

I....~,.

ft., Dee

Plaines,

IL 60016—

(8471

294.4000

Sc. Peoria,

IL 61614—

(309)

693—5463

South First Street. Champaign,

IL 61820—

(217)

278—5800

Mall Sner, Collirrsville,

IL 62234.- (618) 346.5120.

8)993-7200

---

J1JN—g7—2~4

16:21

21?78298e7

~-JUN,

7. 2~O4~

4:16PM

—

2177829807

~

NO.282

p.

Page 2

Pursuant to

35

Iii.

Adrri~

Code 732.401, the

Illinois

~PA

requires submittal ofarevised High

PrIority ColTective Action

Plan,

and budget

if

applicable,

within 90 days ofthe date ofthis

letter

to:

illinois Environmental Protection Agency

3~reauof

Land

-

#24

Leaking

Underground

Storage

TankSection

1021

North Grand Avenue

East~

Post O~eeB~x19276

Springfield, U~62794-9276

Please

submit all coziespondence in duplicà.te

and

include

the

Re: block shown at the beginning

ofthis letter.

An uuder~oundstorage

tank system owner

or

operatormay appeal this decision

to the Illinois

Pollution Confrol

Board.

Appeal rights are

attached.

If

you have any

questions

or

needfurther information, please contact

Karl

~(aiser

at (217)

524-

4650.

Sincerely,

C/~Z~&J~,

Clifford

L.

Wheeler

Unit

Manager

Leaking Under~ound

Storage

Tank

Section

Division ofReinediation Management

ThjreauotLaud

CLW:KE~

Attathrn~t

Appeal

Rights

Carol Rowe, CW3M Company

Division

Pile

II

---

.JLJY~

~

-~-~di

2177829807

~JUN,

7.200r 4:17PM

2177829807

P.g5/g5

NO.232

P.

6

AppealRights

An

underground

storage tank

owner

or

operatormay appeal this

final decision to the Illinois

Pollution Control Board

pursuant

to

Sections 40

and

57.7(c)(4)(D) of

the

Act by filing a petition

for a hearing within35 days after the date of

issuance ofthe

final

decision.

However, the 35-day

periodmaybe extended for aperiod oftime not to exceed 90 days bywritten notice from the

owner or operator

and

the IllinoisEPA within the initial 35-day appeal period. Tithe owneror

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 of

this

decision, must be sent to the

Illinois EPA as soon as possible.

For information regardingthe

filing

ofan appeal, please contact:

DorgthyGunn,

Clerk

I

~

4

7004

Illinois Pollution ControlBoard

State of

Illinois Center

-

100 West Randolph, Suite

11-500

...-

Chicago,

IL

60601

312/814—3620

For information regarding the filing ~f an

atension, please

contact

Illinois

Environmental

Protection

Agency

Division ofLegal Counsel

1021

North Grand

Avenue East

Post Office Box

19276

Springüeld,1

62794-9276

217/782-5544

TOTRL

P.05

---

JUN—07-2004

16:21

JUN.

7,2004 416P~~

—.

2177829807

P.02t~6

NO. 282

p,

2

BARNES &ThORNBUBG

&LL~e

4400

One North WickerDrive

Ch1cag~

IUiAO~r6O6O~-28Q9

USA.

(312) 357..13 13

C~ro1yu

S.

ai~c

P~x

(312~

759-5646

(312)

214-5301

Email: thesse~bdaw.com

Jime 7) 2004

VIA.

FACSIM11 &EJ~DEBAL

Mr. JohnKim

Illinois ~nvironxnenta1

ProtectionAgency

1021

NorthGrandAven~e

East

Springfield,

Illinois

62702

Re:

LPC

#0130205006-Calhoun County

Hardintrelzrow

Oil

Company

Main &Park$treets

LUST

indent

#20000881

LUST

TECHr.IIXCAL PILE

Dear

John:

On May

3,

2004,

the

Agency

issued

a

letter with

respect

to the

above

referenced

LUST

Incident regarding

the

High Priority

Coxiective Action Plan submitted

to

IEPA

on

February~9~

2004.

The

May

3,

2004,

letter was

received

on

May

4,

2004

by

CW3M

on

behalf

of

Telzrow

Oil

Company.

Telzrow

Oil

Company

is

located

in

Calhoun

County,

Illinois.

A

copy

of

the

letter

is

attached.

CW3M believes that,

based

upon discussions with

the

Illinois

Environmental Protection

Ag~icyand for other reasons,

that we will be able

to resolve

the

issues

raised

Lçi

the ~PA

letter.

However,

we

believe that

we

will

not be able to

resolve

these issues

by

the

deadline

for

filing

an

appeal of these

issues

to

the

Illinois

Pollution

Control

Board.

Thus, this

is a request for a

90

day extension

pursuant

to

the

Illinois

Environmental

Protection

Act

Section 40(a)(l)

and

35

IAC

105.406 to

allow us

to

continue

these

discussions

and

to try to resolve

this issue.

I~JT

Chicago

E~khar~

~rc

Wayne

—

South Send

Wa5hittgcon,

D.C~

---

2177829807

UUN.

7.

2OO4~

4:

I6PM_...

-__——

2177829807

P,~3~06

NO.282

P.

3

Mr.

JohnKim

June 7,2004

Page

2

If for

any reason the Agency

will

not

seek

the

90

day

extension, please notify

rue

immediately, so that

I may file the

appropriate appeals to the Board.

If

you

have

any

questions or

comments,

please do not hesitate to

contact me.

Sincerely yours,

BARNES&THORNBERG

Ca~

Carolyn S.

Hesse

CSH:bah

Enclosure

cc:

William Sixmott

Carol

L. Rowe

222313s’I

BARNES

&THOENBUEC

tsr

---

CERTIFICATE OF

SERVICE

I,

the

undersigned attorney

at

law,

hereby

certify

that on

June 8,

2004,

1

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

First Class Mail postage affixed thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

Carolyn

S. Hesse

Illinois Pollution Control Board

Barnes &

Thornburg

James R. Thompson Center

Suite 4400

100 West Randolph Street

One

North Wacker Drive

Suite 11-500

Chicago, IL

60606-2809

Chicago, IL 60601

ILLINOIS

ENViRONMENTAL

PROTECTION AGENCY,

J0lin~

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)