1. BEFORE THE POLLUTION CONTROL BOARD
      2. OF THE STATE OF ILLINOIS
      3. NOTICE
      4. BEFORE THE POLLUTION CONTROL BOARDOF THE STATE OF ILLINOIS
      5. REQUEST FOR NINETY DAY EXTENSIONOF APPEAL PERIOD
      6. CERTIFICATE OF SERVICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
UNIONCOUNTY OIL COMPANY,
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
PCBNo.05-
11
)
(LUST
—
NinetyDay Extension)
)
)
NOTICE
V.
CLERK’S OFFICE
AUG
tI 5
2004
STATE OF ILL~NOIS
Pollution Contro’ Boarci
Dorothy M. Gunn, Clerk
flhinois Pollution Control Board
James R. Thompson Center
100 WestRandolph Street
Suite 11-500
Chicago, IL 60601
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 NThETY DAY EXTENSION OF
APPEAL
PERIOD, copies ofwhich
are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Counsel
Special Assistant Attorney General
Division ofLegal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, flhinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: August 3, 2004
BEFORE
THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
UNION COUNTY OIL COMPANY,
)
Petitioner,
)
v.
)
ILLINOIS ENVIRONMENTAL
)
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 November
1, 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.
In support thereof, the
Illinois EPA respectfully states as follows:
1.
On
June
28,
2004,
the
Illinois
EPA
issued
a
final
decision
to
the
Petitioner.
(Exhibit A)
2.
On July
15,
2004, the Petitioner made a written request to the Illinois EPA for an
extension oftime by which to file a petition forreview, 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’s
request included documents that represented
that the final decision was received on
June 29, 2004.
(Exhibit B)
CLERK’S OFFICE
AUG
05
2004
STATE OF ILLINOIS
Pollution Control Board
PCBNo.05-
(LUST
—
Ninety Day Extension)
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 maybe 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
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)
Dated: August 3, 2004
This filing submitted on recycled paper.
2
21 75228BB9
CWM
PAGE
03
e7/14/2sa4
16:24
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
N0RTW
GRAND
AVENUE EAST,
P.O.
Box 19276,
SPR~CFIELD,
ILLINOIS
62794-9276, 217-782-3397
JAMES
R. ThOMPSON
CENTER,
100
WES-r
RANDOLPH, Suirs
11-300,
CHICAGO,
IL 60601,
312-814-6026
Roc
R.
BLAGOJEV)CH, GOVERNOR
RENEE CIPRIANO,
DIRECTOR
217/782-6762
CERTIFIED MAlL
7002
3150
0000
125~ 5405
-
JUN 28
2W
Union County
Oil Company
~
1i
2004
Attn:
Rose Bailey
P.O.Box188.
Cobden, IL 62920
Re:
LPC #1810105003
--
Union County
Alto Pass/Union County Oil Company (Sides
Services Station)
8375
State Route
127
LUST Incident Nos. 20020449 and 20021635
LUST Technical File
Dear Ms Bailey:.
The Illinois Enviromnental Protection Agency (Illinois EPA) has reviewed the Revised Site
Investigation Status Report Budget Amendment (budget amendment) submitted for the above-
referenced incident.
This budget amendment, dated May 18, 2004, was received by the Illinois
EPA on May 19, 2004.
CitatIons in this letter are from the Environmental Protection Act (Act)
and
35
Illinois
Adniinistrative Code
(35
111.
Adm. Code).
The budget amendinexit is rejected for the reason(s) listed below (Section 57.7(c)(4) ofthe Act
and 35111. Adxn. Code 732.405(c) and
732.503(b)).
I..
In accordance with Section 57.7(c)(4) ofthe Act and
35 Ill. Adm.
Code 732.503(h), any
action by the Illinois EPA to disapprove or modify a plan orbudget submitted pursuant to
Title XVI ofthe Act shall be provided to the owner or operator in writing within 120
days
of receipt.
The illinois EPA previously notified the owner or operator ofits final action.
Further,
in
accordance with Section
57.7(c)(4)
ofthe Act and 35 Iii. Adm. Code 732.503(f), the•
Illinois EPA’s
action to
reject or require modification ofthe plan or budget, or the
rejection of any plan or budget by operation of law, was subject to appeal to the Illinois
Pollution
Control Board within
35
days after the Illinois
EPA’s final action.
—
4302
Nonh
Main
Street,
Rocklord,
IL 61103
—
615)967
ELCIN
—
595
$~ijihS~a~e,
EI~in,IL 60123
—
(547) 608-3
o~
L~i~io
-
PEOCIA
—
7620 N.
Unk~ersizySt.. Peoria,
(L 61614 —(30
SFRIr~CrltLo
—
4500
S. Si~th
SIree
Rd., Spr(ngfiel~,IL 62706
—
(217
MARION
—
2309 W.
Main
S
—
S
EXHIBIT
4
Harriaon
5L,
D~a
P)air,6,,
IL 60016 —(847)
294-4000
ty
St.,
Peoria.
IL
61 614
—
(309) 693-5463
5 South
Ffrst
Street.
Champaign.
IL 61820—(217) 2785800
Mall Sireet, ColIin~vII1e,
IL 62234— (618) 346-s 120
8) 993-7200
r
L
O7/14/2~4 16:24
2175228O~9
CWM
PAGE
~4
Page 2
All future
correspondencemust be submitted to:
Illinois Environmental ProtectionAgency
Bureau of
Land
-
#24
LeakingUnderground Storage
Tank
Section
1021 North
Grand
AvenueEast
Poet
Office Box19276
Springfield, IL 62794-9276
Pleasesubmit
all
correspondence in duplicate
and
include the Re: blockshown at the beginning
of
this
letter.
An
underground
storagetank
system
owner or operatormay appeal this decision to the Illinois
Pollution Control Board. Appeal
rights are
attached.
Ifyouhave
any
questions orneed further assistance,please contact the illinoisEPA project
manager, Steve Jones, at217/524-1253.
Sincerely,
k~Ad)iJo
4.
42bAA~
Hemando
A. Albarracin
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau ofLand
H.AA:S.~JnionCñty Oil-Sides Serv Revised Site Invest Rpt Budget May 044oc
Attachment:
Appeal Rights
cc~,
CW3M
Company
Division File
~7/14/2~4
16:24
2175228~~9
CWM
PAGE
06
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 oftime not to exceed 90 days by written notice
from the
owner or operator and the Illinois EPA withinthe initial 35-day appeal period.
Ifthe 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 decision, must be sent to the
Illinois EPA as soon as possible.
For information regarding the ñling of an appeal, please contact:
Dorothy Gunn, Clerk
.
~q’~
~
?
1)04
Illinois Pollution Control Board
,
.
State
of
Illinois Center
.
Ql~,
100
West Randolph,
Suite
11-500
Chicago, IL 60601
312/814-3620
Forinformationregarding the filing ofan extension, please contact:
Illinois Environmental ProtectionAgency
Division ofLegal Counsel
1021
North’ Grand
Avenue
East
Post
OfficeBox 19276
Springfield, IL 62794-9276
217/782-5544
BARNES &THORNBURG
Suite
4400
One North Wacker Drive
Chicago, Illinois 60606-2809 U.S.A.
(312) 357-1313
Carolyn S.
Hesse
Fax (312)
759-5646
(312) 214-8301
www.btlaw.com
1~matI:cnesses~iotLaw.com
July
15,
2004
RECE~VED
DiVj~j~~
of Legal Couns~
VIA
FACSIMILE
& FEDERAL EXPRESS
JUL
16
2QC~
Mr.
John
Kim
Illinois Environmental Protection Agency
Environmenta~
Protect~o~,
1021
North
Grand Avenue East
Agency
Springfield, Illinois
62702
Re:
LPC #1810105003
-
Union County
Alto Pass
I
Union County
Oil Company (Sides
Services
Station)
8375
State Route
127
LUST Incident Nos.
20020449 and
20021635
LUST Technical File
Dear John:
On June 28,
2004,
the Illinois
Environmental Protection Agency
issued a
letter with
respect to the above-referenced LUST Incident regarding the new Revised Site Investigation
Status Report Budget Amendment
dated May 18, 2004,
which
was received by
the Agency
on
May
19,
2004.
The
Sides
Services
Station
is
location
in
Alto
Pass,
Union
County,
Illinois.
A copy ofthe letter is attached.
Sides
Services Station
submitted these documents
pursuant to
35
IAC
Section
732.405(e)
which states as follows:
If,
following approval of any groundwater monitoring plan, corrective action
plan
or associated budget plan, an
owner or operator determines that revised
procedures
or
cost
estimates
are
necessary
in
order
to
comply
with
the
minimum required activities for the site, the owner or operator shall submit, as
applicable, an amended
groundwater monitoring plan, corrective action plan or
associated budget plan for review by the Agency.
The Agency
shall review
and
approve,
reject
or
require
modifications
of
the
amended
plan
in
accordance with the procedures contained in Suboart E ofthis Part.
Chicago
Elkhart
Fort Wayne
South Bend
Washington, D.C.
Mr. JohnKim
July
15, 2004
Page 2
It appears that the Agency did not review these documents in accordance with the procedures
contained in Subpart E.
Sides
Services
Station
believes
that,
based
upon
discussions
with
Illinois
Environmental Protection Agency
and for other reasons, that
we will be
able to resolve the
issues raised in the Agency’s 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)(1)
and
35
IAC
105.406 to
allow us to
continue
these discussions and to try to resolve this issue.
If,
for any reason,
the Agency
will not
seek the 90-day
extension, please
notify me
immediately
so
that
I
may
file
the
appeals
to
the
Board.
If you
have
any
questions
or
comments, please do not hesitate to contact me.
Sincerely yours,
BARNES & TRORNBURG
LLP
1~-L.
Carolyn
S. Hesse
CSHIjnir
Enclosure
cc:
William Sinnott
Carol L.
Rowe
227822v1
BARNES
&ThORNBURG up
CERTIFICATE OF SERVICE
I, the undersigned
attorney
at law, hereby certify
that on
August
3,
2004,
I
served
true
and
correct copies
of a REQUEST FOR NII~IETY
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
Carolyn S. Hesse
Illinois Pollution Control Board
Barnes & Thornburg
James R. Thompson Center
Suite 4400
100 WestRandolph Street
One North Wacker Drive
Suite 11-500
Chicago, IL
60606-2809.
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL
PROTECTIONAGENCY,
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)

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